Lawmakers introduce bill to close Wynn FARA loophole

From: POLITICO Influence - Wednesday Jul 12,2023 11:50 pm
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By Caitlin Oprysko

Presented by

Air Line Pilots Association, Int'l

With help from Daniel Lippman

LAWMAKERS INTRODUCE BILL TO CLOSE WYNN FARA LOOPHOLE: More than a dozen lawmakers on both sides of the aisle are throwing their support behind a new bill aiming to close the loophole that blocked the Justice Department from forcing casino magnate Steve Wynn to register as a foreign agent of the Chinese government last fall.

— The bipartisan heads of the House Select Committee on China, Mike Gallagher (R-Wis.) and Raja Krishnamoorthi (D-Ill.), are spearheading the effort, which has a companion bill in the Senate backed by Sens. Chuck Grassley (R-Iowa) and Gary Peters (D-Mich.). The Retroactive Foreign Agents Registration Act would specify that agents of a foreign principal have a continuing obligation to register under FARA, even when that work has ended.

— That technicality stems from long-standing appeals court precedent on ambiguity in the World War II-era FARA statute, and was central to U.S. District Court Judge James Boasberg’s decision to dismiss the Wynn case in October, even as Boasberg expressed reservations with the ruling. The decision swiftly sparked concern among FARA experts and lawmakers over its ramifications on tracking foreign influence efforts.

— While DOJ has appealed the dismissal, counterintelligence chief Jay Bratt told FARA practitioners last year that a legislative fix might be necessary to avoid neutering the statute. Should a client ever be faced with a determination from the FARA Unit that they must register, he told attendees then, one option is to “advise them to stop what they’re doing and … that ends our efforts.”

— “Congress needs to restore FARA to its original, critical function after the DC District Court’s absurd ruling last October defanged the statute,” Gallagher told PI in a statement, calling it “an absolute baseline” that the government be able to enforce FARA’s efforts at transparency.

— In addition to Gallagher, Krishnamoorthi, Grassley and Peters, the rest of the proposal’s co-sponsors represent a broad range of the ideological spectrum — making the legislation even more noteworthy given that the impetus for the bill involves a longtime GOP megadonor. The additional sponsors include Reps. Chip Roy (R-Texas), Jamie Raskin (D-Md.), Rob Wittman (R-Va.), Seth Moulton (D-Mass.), Jim Banks (R-Ind.), Mikie Sherrill (D-N.J.), Dusty Johnson (R-S.D.), Abigail Spanberger (D-Va.) and Shontel Brown (D-Ohio).

Happy Wednesday and welcome to PI. Send tips: coprysko@politico.com. And be sure to follow me on Twitter: @caitlinoprysko.

 

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Weakening air safety standards should never be up for debate. Yet that is precisely what Congress is poised to do as it considers changing qualifications for pilot certification. Jeopardizing the U.S.’s gold standard for air safety and threatening passenger safety is a colossal mistake. Learn more here.

 

FIRST IN PI — DEM GROUPS COUNTERPROGRAM ANTI-ESG PUSH: As House Republicans kicked off their first in a monthlong slate of hearings coming down on the rise in sustainable investment considerations, Democratic allied groups are gearing up to push back on the anti-ESG movement at the state and local levels.

— Liberal opposition group Congressional Integrity Project is launching a digital ad buy highlighting investments in oil and gas companies and campaign contributions from the industry to the Republican lawmakers championing the ESG crackdown on the Hill.

— “MAGA Republicans in the pocket of Big Oil want to control your finances” by “targeting corporations for responsible investing strategies,” the ad’s narrator says, according to a preview shared with PI.

— “Republicans on the House Financial Services Committee alone have taken nearly $10 million from special interests that stand to lose if companies continue to prioritize responsible lending,” CIP executive director Kyle Herrig said in a statement, accusing lawmakers of “working overtime for these special interests to try to undermine corporate efforts to make forward-looking decisions about clean energy, climate change, and gun violence.”

— The campaign comes on top of a burgeoning six-figure effort involving a dark money group tied to the Democratic Attorneys General Association, POLITICO’s Jordan Wolman reports. Jordan writes that the nonprofit Progressive State Leaders Committee is teaming up with The Horizon Project “to establish a responsible investment working group to highlight the roles of attorneys general, state treasurers, comptrollers and auditors in protecting pensioners’ returns and interests.”

— Involved in the push is Abby Wilhelm, who served as chief of staff to former D.C. Attorney General Karl Racine and is now a policy fellow at the DAGA-associated Leadership Center for Attorney General Studies.

— “Misguided politicians will be held accountable for their politically self-interested threats and for the harm they are doing to Americans’ retirement,” PSLC President Sean Rankin said in a statement.

FLYING IN: The National Retail Federation flew dozens of small retailers into town this week to lobby lawmakers on the industry’s effort to rein in credit card swipe fees. The trade group heard from the co-sponsors of the latest bill to do so, including new Senate sponsor J.D. Vance (R-Ohio), as well as Sen. Roger Marshall (R-Kan.) and Reps. Lance Gooden (R-Texas), Tom Tiffany (R-Wis.), Jeff Van Drew (R-N.J.) and Zoe Lofgren (D-Calif.).

— Over the course of the fly-in they were set to have more than 80 meetings on the Hill with 15 members of Congress and staff.

— Leaders of the Angel Capital Association’s policy shop are also in town this week to call for expanding the definition of an accredited investor, as well as the section of the tax code that exempts certain capital gains from angel investments from capital gains taxes. Advocates were set to meet with staff for Sens. John Cornyn (R-Texas), Steve Daines (R-Mont.), Mike Crapo (R-Idaho) and Thom Tillis (R-N.C.) and with Senate Finance Chair Ron Wyden (D-Ore.) and House Ways and Means ranking member Richard Neal (D-Mass.).

A NEW CRYPTO CAMPAIGN FINANCE SCANDAL: “Federal prosecutors in Manhattan are investigating former FTX executive Ryan Salame and his girlfriend, ex-congressional candidate Michelle Bond, for possible violations of campaign-finance law” — separate from the charges facing the crypto exchange’s founder Sam Bankman-Fried, The Wall Street Journal’s Corinne Ramey and James Fanelli report.

— “The probe is examining whether the couple illegally avoided federal limits on contributions to Bond’s 2022 campaign for the Republican primary for New York’s First Congressional District, one of the people said. Investigators are looking at money Salame gave to Bond and loans she made to her campaign, the person said.”

— Salame hasn’t faced charges in the case against Bankman-Fried (which Bankman-Fried has denied) but became a prolific conservative donor during the same period of time, including pouring millions of dollars into super PACs that backed Bond’s unsuccessful campaign. The new probe stretches back to at least April, when investigators seized cell phones belonging to Salame and Bond, the former head of the crypto lobbying group Association for Digital Asset Markets and FTX consultant.

AVALERE HEAD JUMPS TO PHRMA: Elizabeth Carpenter, president of consulting firm Avalere Health, will take over as the head of policy at PhRMA,” POLITICO’s Megan Wilson reports. “The role, which is part of the group’s leadership team, manages the legislative, regulatory and political strategies and oversees the research department that works alongside its lobbying team.”

— Carpenter has been at Avalere for almost a decade and became president last summer. She’ll succeed Jenny Bryant, who is retiring after serving as the executive vice president of policy and research since 2019 and working at PhRMA for nearly two decades.

GEPHARDT TO LAUNCH NO LABELS CHALLENGER: “Former House Democratic leader Richard A. Gephardt is planning to launch a new bipartisan group next week to oppose the No Labels third-party presidential effort,” people familiar with the plans tell The Washington Post’s Michael Scherer.

— “The new group has already commissioned private polling showing that a generic ‘moderate, independent third-party candidate’ would pull more votes away from President Biden than former president Donald Trump in a hypothetical three-way race, all but assuring the Republican wins back the White House.”

— “‘No Labels equals Trump,’ said Greg Schneiders, a former aide to President Jimmy Carter whose firm Prime Group has conducted the polling for the Gephardt group.” The rival group from Gephardt, who now runs an eponymous lobbying firm, is also expected to involve GOP consultant Stuart Stevens and former Sen. Doug Jones (D-Ala.).

— Gephardt’s group will also aim to distinguish itself from the secretive No Labels in a crucial way: “A person familiar with the plans said the nascent effort is working to sign up more political leaders, will disclose their donors and plans to formally release their polling, which includes samples in seven swing states.”

— “No Labels founding chairman Joseph Lieberman, a former U.S. senator from Connecticut who ran for office both as a Democrat and independent, said the effort to stop the No Labels project was an effort to deny Americans options.”

 

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Jobs Report

Michael Pawlowski is now a partner at Capitol Counsel. He’ll remain a partner at the Alaska lobbying firm Strategy North Group and was previously chief of staff to Sen. Lisa Murkowski (R-Alaska).

Carrie Haughawout is joining the American Council of Life Insurers as vice president of life insurance and regulatory policy. She was most recently deputy director at the Ohio Department of Insurance.

Carly Sincavitch is now a legislative assistant for Rep. Eric Swalwell (D-Calif.). She was previously a senior policy specialist at Arnold & Porter.

Bill Burlew has recently joined TotalEnergies as senior vice president of government and public affairs. He was formerly with Enbridge.

Adam Hensel-Briscoe has joined Squire Patton Boggs as a principal in the government investigations/white collar practice. He was previously counsel at Akin Gump Strauss Hauer & Feld and is a former assistant director of Treasury’s Office of Foreign Assets Control.

Carly Schildhaus has been promoted to director of public affairs and communications at the National Confectioners Association. She was previously senior manager of public affairs with the trade group.

Shannon Campagna is joining Mercury to help grow its food and agriculture policy practice. She was most recently a vice president at Van Scoyoc Associates, and was head of federal government affairs at Mars Inc. and head of Safeway’s D.C. office, which she helped open.

Ryan Phair and Craig Lee have joined Paul Hastings as partners in the Washington office. Phair will co-chair the firm’s antitrust practice. They both most recently co-chaired the antitrust and consumer protection practice at Hunton Andrews Kurth.

Anna Klingensmith has been promoted to be program associate for the Aspen Strategy Group and Aspen Security Forum.

Hannah Kelman is now a director at Sirona Strategies. She most recently served as a health policy associate at Thorn Run Partners.

Danielle Thumann has joined Crown Castle as senior attorney for the government relations team, Morning Tech reports. She previously was a legal adviser for FCC Commissioner Brendan Carr.

Bully Pulpit Interactive announced 34 promotions, including of Mia Luber, Hilary Nachem Loewenstein and Joe Ste.Marie to managing director; Jill Frey, Amy Garland, Sarah Horvitz, Colin Kelly, Rob Swanger, Ibi Tayyab, Mike Uehlein and Michael Zetts to senior director; and Christian Abke, Cassidy Geoghegan, Loren Mullen and Nick Rozzo to director.

David Simon has joined Skadden to co-lead its global cybersecurity and data privacy practice. He was most recently a partner at Mayer Brown and was previously the Pentagon’s former special counsel and chief cyber counsel to the U.S. Cyberspace Solarium Commission.

Chris Derico will be president of the School Nutrition Association for the 2023-24 school year. He’s also child nutrition director for Barbour County Schools in Philippi, West Virginia.

Amanda Rothschild is headed to CRC Advisors. She most recently was senior policy director at the Vandenberg Coalition and is a Trump State Department, White House and NSC alum.

Juliane Sullivan, Danielle Buckon and Dan Curran have joined Sierra Space. Sullivan is vice president of legislative affairs and previously was founder of J.Sullivan Advocacy. Buckon is vice president of government affairs and previously was senior director at Northrop Grumman Defense Mission Systems. Curran is senior director of legislative affairs and previously led federal public affairs for McKinsey & Co.

Jenna Ben-Yehuda will be executive vice president of the Atlantic Council. She previously was president and CEO of the Truman Center for National Policy and Truman National Security Project.

Ilyse Hogue is now a senior adviser at Rewiring America, helping lead strategy on work with the bicameral Congressional Electrification Caucus. She will continue to serve as a partner at Purpose, a social impact agency, and is the former president of NARAL Pro-Choice America.

Lauren Beyer is joining the Cargo Airline Association as president. She previously was vice president of security and facilitation at Airlines for America.

Katie Isaacson is now a defense/veterans legislative aide with Sen. Patty Murray (D-Wash.). She previously was a legislative associate at the American Legion.

 

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New Joint Fundraisers

None.

New PACs

Arkansas Asphalt Paving Association Federal PAC (PAC)
Coalition for Fantasy Sports PAC (Super PAC)
Cruise for Cancun (Super PAC)
Fact Check PAC (Super PAC)
FAT MAN PAC THREE (PAC)
Send in the SEAL PAC (Leadership PAC: Tim Sheehy)

New Lobbying REGISTRATIONS

Adams And Reese, LLP: Blake International Rigs, LLC
Adams And Reese, LLP: Colonna’s Shipyard Inc.
Alston & Bird LLP: Federation Of American Hospitals
Arnold & Porter Kaye Scholer LLP: Grifols Shared Services North America, Inc.
Capitol South, LLC: Competitive Markets Action, Inc.
Capitol South, LLC: Farm Action Fund
Capstone National Partners: Atterx Biotherapeutics
Capstone National Partners: Bankcroft
Capstone National Partners: Tower Energy
Capstone National Partners: Xylem
Da Vinci Group: Boesen & Snow, LLC
Erin Moffet: The Liaison Group On Behalf Of Cannacraft
Fontenot Health Policy LLC: Health Care Services Corporation
Fontenot Health Policy LLC: Organize
Fontenot Health Policy LLC: Sixteen Thirty Fund
Invariant LLC: Lux Capital
Invariant LLC: Water Coalition Against Pfas
Lincoln Policy Group: Randolph College
Lincoln Policy Group: Reforming Americas Taxes Equitably (Rate) Coalition
Lot Sixteen LLC: Holland And Knight (On Behalf Of Ouster)
Mercury Public Affairs, LLC: Stand With Parkland
Mindset Advocacy, LLC (Fka Cypress Advocacy, LLC): Solana Foundation
Mr. H.R. Bert Pena: Amet Melmen
Mzls LLC: Tonio Burgos & Assoc., Inc. On Behalf Of Pr Fiscal Agency & Fin. Advisor Auth.
Oculus Strategies, LLC: Datalocker
Oculus Strategies, LLC: High Point Aerotechnologies
Ogilvy Government Relations: Oaktree Capital Management
S-3 Group: Baxter Healthcare Corporation
Squire Patton Boggs: Clean Harbors, Inc.
Subject Matter: Consensys Software Inc.
Terumo Bct, Inc.: Terumo Bct, Inc.
Tiber Creek Group: American Policy Ventures Action
Townsend Public Affairs: Carl Zeiss X-Ray Microscopy, Inc
Townsend Public Affairs: City Of Brawley
Van Scoyoc Associates: California School Boards Association
Williams And Jensen, Pllc: The Great Outdoors Foundation

New Lobbying Terminations

Capstone National Partners: Institute For Creative Technologies
Cc Law & Policy: Benefitfocus
Grant Consulting Group: Blueconduit
Grant Consulting Group: Hid Global
Grant Consulting Group: Santos Human, Inc.
Holland & Knight LLP: Hms Associates (On Behalf Of Glide Foundation)
Humanity Forward: Humanity Forward
Matz, Blancato And Associates Inc.: National Association Of Nutrition And Aging Services Programs
Oculus Strategies, LLC: Black Sage Technologies, Inc.
The Lande Group: National Association Of Software And Services Companies (Nasscom)
The Smith-Free Group, LLC: Natural Ocean Well Co.
Tiber Creek Group: Humanity Forward
Welsh Rose, LLC: Calvary Hospital

A message from Air Line Pilots Association, Int'l:

Proposed changes to pilot training threaten more than a decade of exemplary air safety. As Congress considers the FAA reauthorization bill, some industry stakeholders are lobbying to weaken pilot training qualifications. If successful, passengers will fly with less experienced pilots and at an increased risk to their safety. Since standards were increased in 2010, the U.S. has seen a 99.8% reduction in airline fatalities. Weakening the current pilot training standards and qualifications that keep our skies safe is a recipe for disaster — one that risks passenger safety for years to come. Learn more here.

 
 

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