Archive for the ‘Corporate Lobbying’ Category

The Corporate Crime Fighting Budget

Friday, February 27th, 2009

The call to boost taxes on the wealthy to start paying for healthcare reform is not the only refreshing thing about the budget outline just released by the Obama Administration. There is also a marked shift toward tighter regulation of business. Here are some features of what might be called the Corporate Crime Fighting Budget:

Cracking down on corporate polluters. The Environmental Protection Agency—a joke during the Bush Administration—is slated for a 34 percent increase in funding. This would result in a hike in the budget for core functions such as enforcement to $3.9 billion, an all-time high for the agency.

Cracking down on abusive employers. Obama wants the Department of Labor—another agency enervated by the Bush crowd—to get a smaller increase than EPA, but the additional funds are intended to rebuild DOL’s responsibilities in workplace monitoring. The budget document proposes to “increase funding for the Occupational Safety and Health Administration, enabling it to vigorously enforce workplace safety laws and whistleblower protections, and ensure the safety and health of American workers; increase enforcement resources for the Wage and Hour Division to ensure that workers are paid the wages that are due them; and boost funding for the Office of Federal Contract Compliance Programs, which is charged with pursuing equal employment opportunity and a fair and diverse Federal contract workforce.”

Prosecuting white-collar crooks. The section on the Justice Department in the budget document says that the Administration will seek [not yet quantified] “resources for additional FBI agents to investigate mortgage fraud and white collar crime and for additional Federal prosecutors, civil litigators and bankruptcy attorneys to protect investors, the market, the Federal Government’s investment of resources in the financial crisis, and the American public.”

Thwarting purveyors of tainted food. The Administration plans to “take steps to improve the safety of the Nation’s supply of meat, poultry and processed egg products and to ensure that these products are wholesome, and accurately labeled and packaged.” The proposed budget for the Agriculture Department “provides additional resources to improve food safety inspection and assessment and the ability to determine food safety risks. This will lead to a reduction in foodborne illness and improve public health and safety.” The Food and Drug Administration, which is under the auspices of the Department of Health and Human Services, would also get a hike in funding.

Restricting plunderers of national resources. The section of the budget document on the Interior Department outlines the Administration’s intention to rein in the windfalls long enjoyed by extraction companies with leases to drill and mine on public lands. The plan includes “a new excise tax on offshore oil and gas production in the Gulf of Mexico to close loopholes that have given oil companies excessive royalty relief” as well as the imposition of user fees and more realistic royalties for oil and gas drilling on federal lands.

Controlling drug and healthcare price gouging. The general framework for healthcare reform released by the Administration as part of the budget document contains plans to slow down the growth in Medicare costs. This includes a proposal to force providers of privatized coverage under the name of Medicare Advantage to participate in competitive bidding. Medicare drug costs would be reined in by tightening oversight of Part D spending and by preventing brand-name pharmaceutical companies from paying generic drug producers to keep their low-cost products off the market.

To these should be added tax proposals that would put an end to various boondoggles that have enriched oil companies, hedge funds and other anti-social elements. Some of Obama’s proposals (especially regarding healthcare) do not go nearly far enough, but the budget as a whole represents a major break from the priorities of the Bush Administration. Though you would hardly know that from the geeky, matter-of-fact way it is being promoted by Budget Dirtector Peter Orszag (photo).

Budget documents are, of course, merely wish lists conveyed by the executive to the legislative branch. In the short term, the main impact of Obama’s blueprint will be to launch a massive wave of business lobbying. Now it is up to Congress to resist the entreaties of those paid persuaders and make it clear that the days of unchecked corporate giveaways have come to an end.

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Bush Administration, in Bed with Banks, Shuns Union with Automakers

Wednesday, November 12th, 2008

George Bush has strong views on marriage. He is an ardent proponent of the marriage between the financial sector and the federal government, but he apparently finds intolerable a similar union involving the auto industry.

It’s difficult to pin down exactly why the very lame duck Bush is resisting calls for a bailout of Detroit. There were reports, subsequently denied, that he was using his opposition as a bargaining chip to get Congress to go along with his desire for a free trade agreement with Colombia, whose right-wing government is Bush’s only significant ally in Latin America.

Then there’s the theory that he does not want to assist an industry that is heavily unionized and that supposedly brought on its own troubles by giving in to the wage and benefit demands of those unions over the years. And there’s the notion that Bush is trying to reestablish his credentials as a free marketeer, but that’s hard to believe at a time when his administration is pouring seemingly endless taxpayer funds into the likes of AIG.

The explicit statements made by Administration representatives about the reasons for the resistance are perhaps the most preposterous. White House spokesperson Dana Perino suggested that the problem was that Congress had not provided explicit authority to assist industries other than banks. Since when does the Bush Administration worry about explicit Congressional authority in deciding what it can and cannot do? Take the bailout itself. Congress was steamrolled into approving a $700 billion plan under which the federal government would buy up “troubled” assets from banks. That plan was put on the back burner by Treasury Secretary Henry Paulson as he instead embarked on a program—never debated by Congress—to purchase holdings in the banks themselves. And isn’t it ridiculous to cite a lack of Congressional approval as a reason for not doing something being heavily advocated by leaders of Congress?

Until this mystery is solved, perhaps the best course of action for the automakers is to simply change their identity. Neel Kashkari, the interim assistant secretary at Treasury who is running the bailout, said in a speech on Monday: “We have allocated sufficient capital, $250 billion, so that all qualifying banks, potentially thousands, can participate. Therefore, it is important to note that Treasury will not implement this program on a first-come-first-served basis; there is enough capital allocated for all qualifying institutions.”

With the bailout window wide open for bank, why can’t the automakers follow the lead of investment houses Morgan Stanley and Goldman Sachs—as well as, more recently, American Express—and redefine themselves as bank holding companies (with cars as a sideline)? GMAC, the financing arm of General Motors that is co-owned by Cerberus Capital, is already moving in that direction. The rest of Detroit should follow suit. After all, the Big Three are not making any money trying to sell cars in the current economic situation; perhaps they will have more luck making loans. And, given the reluctance of real banks to lend, they should have an open field.

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This is not Corporate America’s Moment

Thursday, November 6th, 2008

The votes are still being counted in some places, but the battle for the soul of the new Administration and Congress has begun. Corporate America wasted no time in launching an effort to warn against any initiatives that would be seen as unfriendly to business. The Wall Street Journal is already predicting that Democrats will give in to the pressure and “go slow on controversial labor and regulatory issues.”

The National Association of Manufacturers (NAM) issued an open letter to Obama pledging to work with the new administration, but that pledge was followed by a dozen pages in which the group outlined its usual agenda of reduced corporate taxes, tort reform, easing of the regulatory “burden,” and so forth . The U.S. Chamber of Commerce was a bit more tactful. Its CEO Thomas Donahue put out a statement vowing to work with Obama and the new Congress “to help quickly restore economic growth,” avoiding for now the more contentious issues.

Not surprisingly, the sharpest battle lines are being drawn on labor law reform. Business has already been mobilizing to fight against proposed legislation—the Employee Free Choice Act (EFCA)—that would make it easier for workers to organize unions free of employer intimidation. Corporate interests targeted various members of Congress over the EFCA issue during the electoral campaign, to little effect, and undoubtedly intend to keep up the effort. Today NAM President John Engler told the Journal: “This is not the time and this is certainly not the issue with which to build a relationship.”

Someone needs to remind the business lobbies that elections have consequences. When George Bush won reelection four years ago, that same John Engler, speaking for the corporate class, declared: “This will be our moment.” Business Week added: “business groups are already busy claiming considerable credit for Bush’s win. Their wish lists are extensive.” Many of those wishes were granted by Bush and Cheney.

Despite the overblown McCain/Palin rhetoric, Obama did not run as a socialist, but he expressed clear disapproval of the deregulatory agenda. And he accepted extensive help from labor union members, many of whom were motivated by his criticism of corporate excesses and his support (albeit muted) for EFCA.

There may be reasons why the Obama Administration and Congressional Democrats have to proceed carefully on regulatory and labor issues, not the least of which is the apparent absence of a filibuster-proof majority in the Senate. Anti-union executives may not soon find themselves bodily removed from office, as Montgomery Ward President Sewell Avery was in 1944 (photo). Yet neither should business interests expect their wish list to be the current center of attention. This is not their moment.

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Peer Pressure to Join the Bailout Club

Monday, November 3rd, 2008

Once upon a time, there was a stigma attached to businesses that had to be bailed out by government. Only ones that desperately needed help—the likes of Lockheed, Chrysler and Continental Illinois—would resort to such a step.

In the upside down world of the current U.S. economic situation, the tainted firms may be those that are not being rescued. That seems to be the growing sentiment among the country’s banks, which are feeling increased pressure to participate in the partial nationalization plan being pursued by Treasury Secretary Henry Paulson. As the Wall Street Journal put it today: “Now institutions across the U.S. worry that if they don’t try for the money, the market will judge them as too unhealthy to qualify, or lacking the savvy to deploy cheap government capital on acquisitions and investments.”

It thus appears, according to the Journal, that thousands of banks will be applying for capital infusions from the federal government, whether they need them or not. For example, US Bancorp, known for its stability and conservative practices, announced today that it will be getting $6.6 billion from the feds. Depository institutions that for decades have proudly displayed their “Member FDIC” sign now feel obliged to advertise that they are also members of Paulson’s bailout club.

One banker already in that club told the Journal: “There’s a perception in the market that the government is actively picking winners and losers…we wanted it well-known in the market that we’re on the list of survivors.”

Those survivors are making sure their status as wards of the state does not cause them to lose much of their autonomy. High-powered banking lobbyists are working hard to thwart any new strings that might come with the federal investment, while financial industry trade groups such as the American Bankers Association are signaling that they would like to remove the modest restrictions on executive compensation that Treasury has already imposed.

Given the mood of the public, the pay rules are not about to be lifted, but neither is Paulson likely to go along with any additional rules. Banks may be largely responsible for the mess we are in today, and they want to use their federal money for acquisitions, bonuses and dividends rather than new loans, yet Paulson continues to treat them with kid gloves. His successor should be a lot less accommodating.

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The Democratic Convention: Brought to You By Your Friends in Corporate America

Wednesday, May 21st, 2008

Barack Obama and Hillary Clinton may be bashing big business (up to a point), but a number of major corporations are positioning themselves to win favors from a possible Democratic administration next year by signing up as sponsors of the party’s convention. Last week, Kevin Vaughan of the Rocky Mountain News reported that the August gathering in Denver has already lined up 56 corporate supporters.

Vaughan notes that these companies appear to be motivated by something other than civic responsibility: “Almost all of them have the same thing in common: They either have business with the federal government or they lobby on pending issues.”

Massie Ritsch of the Center for Responsive Politics told Vaughan: “Corporations aren’t allowed to contribute directly to political parties or candidates’ campaigns, but they can subsidize the gatherings that show off a party’s candidate to American voters and get the candidate officially nominated…Money from these corporate donors helps the party, it helps the candidate, and to call it anything other than a campaign contribution is to make a distinction without a difference.” Also on the list of sponsors is the Service Employees International Union.

The Center’s Capital Eye blog later reported that companies on the sponsorship list are also associated with actual campaign contributions—through their political action committees and individual giving by employees and their families. In this way, the Center says, 38 of the sponsoring companies have provided about $971,000 to Sen. Clinton and 48 have provided about $1.3 million to Sen. Obama.

Vaughan does a good job of cataloging the issues on which the corporate sponsors would likely seek help from the Democrats if they control the White House as well as Congress. For example, AT&T’s concern about liability in connection with its involvement in national security wiretapping; Merck’s opposition to low-cost drug importation; and Visa’s worries about new restrictions on credit card companies.

Other sponsors include leading weapons producer Lockheed Martin, the giant for-profit medical insurer UnitedHealth Group, and utility firm Southern Co., one of the largest producers of greenhouse gas emissions. Another of the sponsors, Molson Coors, may be a significant liability for the Democrats even during the convention. Jonathan Coors, nephew of company vice chairman Pete Coors, is leading an effort to put an anti-union right-to-work initiative on the ballot in Colorado.

Isn’t it wonderful that the Democrats display such diversity among those helping to make its historic convention possible.

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Rebuffed by Supreme Court, NAM Complies with Disclosure Law—for Now

Friday, May 2nd, 2008

It’s rare these days for powerful business interests to be rebuffed by the U.S. Supreme Court, but that’s what happened when Chief Justice John Roberts denied an emergency request from the National Association of Manufacturers (NAM) last week having to do with disclosure. NAM has been waging a court battle against a new law (Section 207 of P.L. 110-81) that requires trade associations to list member companies that are extensively involved in developing the organization’s lobbying strategies or that contribute at least $5,000 toward those efforts. NAM believes its members should be able to lobby confidentially.

NAM was seeking a stay on enforcement of a portion of the Honest Leadership and Open Government Act that took effect on April 21. The DC Court of Appeals turned down the request, so NAM went to the Supreme Court, which also said no.

This week, NAM submitted an amended lobbying disclosure filing to the Clerk of the House and the Secretary of the Senate. Beginning on page 54 of the 71-page document, NAM responded to a question about additional affiliated organizations by including a link to a page on its website.

That page contains the names of 63 large corporations and two trade associations (American Petroleum Institute and the Edison Electric Institute) whose lobbying involvement, NAM decided, now has to be made public. Not surprisingly, the companies include giant industrials in sectors such as energy, pharmaceuticals, chemicals, heavy equipment, food processing and aerospace. In other words, companies that have a lot of interests that need to be fostered in Washington.

Here’s the complete list: Albemarle Corporation, American Electric Power, American Petroleum Institute, AREVA Group, AT&T, Bayer Corporation, BD, Boston Scientific Corporation, BP Corporation North America, Bristol-Myers Squibb Company, Campbell Soup Company, Caterpillar Inc., Chevron Corporation, CN, CONSOL Energy, Corning Incorporated, Deloitte & Touche LLP, Delphi Corporation, Dominion Resources Services, Dow Corning Corporation, Eastman Chemical Company, Edison Electric Institute, Entergy Corporation, Exxon Mobil Corporation, FirstEnergy Corp., FMC Technologies, General Electric, Goodrich Corporation, Illinois Tool Works, Ingersoll-Rand, JELD-WEN, Inc., Johnson Controls, Koch Industries, Loews Corporation, Marathon Oil, Mead Westvaco, Merck & Company, Northrop Grumman, Occidental Petroleum, Owens-Illinois, PPG Industries, PPL Corporation, Rockwell Automation, Rohm and Haas, SABIC Americas, Inc., Sanofi-Aventis, Shell Oil, Smurfit-Stone Container, Sony Electronics, Temple-Inland, Terra Industries, Textron, The Clorox Company, The Hershey Company, The Timken Company, Unilever United States, Union Pacific, United States Steel, USEC, Verizon, Volvo Group North America, W L Gore & Associates, W. R. Grace & Co., Weyerhaeuser Company, and Xerox Corporation.

It is no great surprise that companies such as these are deeply involved in trying to shape federal policies, but what’s important here is the principle: lobbying is not a process that companies can engage in surreptitiously by funneling their spending through business associations. NAM President John Engler (former Republican Governor of Michigan) warned that the new disclosure requirement might prompt companies “to curtail their memberships or restrict their involvement in trade associations.” That might sound like a problem to Engler, but less corporate involvement in manipulating public policy is music to my ears.

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Exposing Corporate Front Groups

Sunday, March 2nd, 2008

The Center for Media and Democracy recently joined with Consumer Reports WebWatch to create a new site called Full Frontal Scrutiny, which “seeks to shine a light on front groups—organizations that state a particular agenda, while hiding or obscuring their identity, membership or sponsorship, or all three.”

Full Frontal Scrutiny is an extension of the work that the Center has long been doing to expose corporate manipulation of public opinion. That work has been widely disseminated through the PR Watch journal and website as well as the Sourcewatch wiki.

Consumer Reports WebWatch, which calls itself “the internet integrity division” of the venerable watchdog group Consumers Union, says its mission is to “provide unbiased and practical research on Web site publishing and business practices; help devise guidelines for credibility; expose practices that are a cause for consumer concern; and recognize good practices.”

In its initial posts, Full Frontal Scrutiny has dealt with perennial opinion manipulators such as Big Pharma, the tobacco industry and “clean” coal producers.

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