The Legacy of Billy Tauzin: The White House-PhRMA Deal


(This is cross posted from the Sunlight Foundation)

More than a million spectators gathered before the Capitol on a frosty January afternoon to witness the inauguration of Barack Obama, who promised in his campaign to change Washington’s mercenary culture of lobbyists, special interest influence and backroom deals. But within a few months of being sworn in, the President and his top aides were sitting down with leaders from the pharmaceutical industry to hash out a deal that they thought would make health care reform possible.

Over the following months, pharmaceutical industry lobbyists and executives met with top White House aides dozens of times to hammer out a deal that would secure industry support for the administration’s health care reform agenda in exchange for the White House abandoning key elements of the president’s promises to reform the pharmaceutical industry. They flooded Congress with campaign contributions, and hired dozens of former Capitol Hill insiders to push their case. How they did it—pieced together from news accounts, disclosure forms including lobbying reports and Federal Election Commission records, White House visitor logs and the schedule Sen. Max Baucus releases voluntarily—is a testament to how ingrained the grip of special interests remains in Washington.

In the 2008 campaign, Obama declared his intention to include all stakeholders as he sought to reform the nation’s health care system, but also supported key Democratic health reform policies. Among these were several that targeted the pharmaceutical industry: Allowing re-importation of drugs from first world countries with lower drug prices and providing Medicare with negotiating authority over prescription drug prices in the recently enacted Part D program. These weren’t just promises, Obama had already voted for both of them as a senator in 2007. (Roll Call Vote 132 and Roll Call Vote 150.)

Set to carry out this agenda were two Capitol Hill veterans, schooled in the monied Washington culture, chief of staff Rahm Emanuel and deputy chief of staff Jim Messina. Emanuel was a former fundraiser, Clinton administration official, investment banker and member of the Democratic leadership in Congress. Messina was the former campaign manager and chief of staff to the powerful Senate Finance Committee chairman Max Baucus. Both were known for their unparalleled legislative abilities.

Because of Obama’s decision to develop a plan operating through the legislative process, members of Congress also played key roles. Early on, the pharmaceutical companies were told to deal directly with Senate Finance Committee chairman Max Baucus. Baucus would be the vehicle for the deal worked out behind the scenes by the White House and PhRMA.

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Pelosi & Hoyer Say Final Health Care Bill To Be Online For 72 Hours


Crossposted from the Sunlight Foundation.

Last week, Jake wrote that “it is utterly imperative that the final version of the bill be online for the public to view for at least 72 hours.” The House Majority just announced that they will do just that (via #HealthReformNow):

Pelosi and Hoyer say final health reform bill will be online for 72 hours before House vote so Members and Americans can review #hcr

This is a great development and another big win for those who have called for the bill to be available to the public for 72 hours throughout this whole process. The Sunlight Foundation has called for the health care bill to be available to the public for 72 hours at each point that versions have come to the floor. In each of these instances the majority has acquiesced and posted each version, from the House bill to the Senate bill, for at least 72 hours prior to consideration. Those of you who have signed the Read the Bill petition and put the pressure on Congress to be this transparent have been vital in ensuring that we have access to this major bill before lawmakers consider, debate and vote on it. Earlier this week, Ellen explained the importance of the 72 hour requirement:

Think of posting something on line for 3 days as a ‘safety valve’ – a final chance for citizens, media, lawmakers and lobbyists alike to look at the whole package giving everyone one last opportunity to raise questions and concerns about the bill. If readers are in an advocacy mode they have time to mobilize others in support or opposition, and/or take action in whatever form they see fit. There is no measure more important to debate in the open than health care, and this is a moment when we all need to be champions for public, online disclosure and engage with our government. With 72 hours, the buck can actually stop with citizens the way our Founders intended. We know that Congress do it because congressional leadership has already done so at other critical points in this debate.

Of course, we still need to make sure that this promise is kept and that won’t be done until the bill has been online for 72 hours and then brought to the floor. Let’s keep it up.

Disclosure: I am the online organizer and outreach coordinator for the Sunlight Foundation.


Pass S. 482 – Campaign Donations Needs To Be Seen Before Election Day


The Senate is not required to file their campaign finance reports with the FEC electronically.  The Sunlight Foundation believes these reports should be online in a as soon as possible so people can see who is contributing to candidates’ coffers before Election Day.  Earlier this year Sen. Feingold introduced Senate Bill 482, the Senate Campaign Disclosure Parity Act would require the Senate to file their campaign donation forms electronically. To build support for this bill we launched the Pass 482 campaign to get senators to understand how important it is for them to file their reports electronically so we the people can see them in a timely manner.  Right now the Senate can file on paper, which has to be sent to the FEC, and then the paper copies are sent to a company to be entered into a computer.  This is a waste of time and money.  The House, presidential candidates, and PACs have had to file electronically for 10 years the Senate should not be an exception.

This bill has no public opposition, and has 28 cosponsors. However, we want to build support for the bill because Sen. Pat Roberts from Kansas is rumored to want to add an amendment to this bill that would require organizations filing ethics complaints against senators to disclose their donors. This amendment has nothing to do with electronic filing and should be a stand alone bill and would block that passage of this non controversial bill.

Please call your senators and ask them to support S. 482. It’s time transparency is taken seriously by the Senate. This is a concrete step that can make it easier for everyone to get important information to voters.


ACTION: Tell Congress to Read the Bill Before Voting On It!


READ THE BILL

Can you read and comprehend a 451 page bill in under 24 hours? No.Well, then you probably wouldn’t want to be a member of Congress right now. The Senate just released their 451-page version of the Wall Street bailout bill and expect members to vote tonight. If our elected representatives are going to be tossing hundreds of billions of dollars around, the least they can do is read what their passing.

If you care about your representatives reading and understanding this legislation before they walk down that aisles of the Senate chamber for their “Yeas” and “Nays” please join the Sunlight Foundation in their petition to urge congressmen to allow a full 72 hours period to pass before a vote is held on the bill. A bill of this magnitude requires 72 hours for the public and their elected representatives to understand, discuss, and debate the myriad proposals squashed into one bill.

You can find and sign the petition here.

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Show Us the Legislation


(Crossposted from the Sunlight Foundation)

As news spreads that a consensus Wall Street bailout plan is being finalized, and leaders negotiate between proposals submitted from the Treasury Department, Senator Dodd, Representative Markey, and others, two separate conversations are taking place. One is public, as the nation struggles to evaluate the urgency of the economic consensus Wall Street bailoutsituation, and to understand the best course of action. The other, however, is not public, as the compromises and deal making — the real stuff of urgent policy-making — are held in the dark.

The Sunlight Foundation is calling on Congress to publish the proposed bailout legislation as soon as possible, to give constituents and lawmakers themselves as much time as possible to examine the specifics of the proposal before it’s voted on. We will post the draft legislation to PublicMarkup.org as soon as possible, to give citizens a chance to weigh in on the proposal’s specifics.

Congress faces urgent pressure from the Administration and from constituents to act. Regardless of the course of action Congress ultimately chooses, this is a decision that must be made in full public view. If citizens don’t have a chance to evaluate the legislation, how can Congress possibly represent their constituents’ needs?

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You Can Markup the Bills on the Mortgage Industry Bail Out


(Crossposted from the Sunlight Foundation)

Congress is moving rapidly to enact a gigantic taxpayer bailout of the financial sector, with a potential cost of $700 billion or more than $2,000 per American citizen. We believe, as Justice Brandeis said, that “Sunlight is the best of disinfectants,” and that all legislation ought to be open to public comment and consideration in real-time, not just after the fact.

So, as a public service, Sunlight is posting the proposals that are receiving the most attention by Congress and the Administration – and by you, the people. We invite you to review the bills and share your feedback. Just as you helped us write our model transparency bill you can share your knowledge online and show Congress what you really want to see in this vital legislation.

As we ponder the significance of the Internet this One Web Day, what better way to show how we can use this awesome medium for positive change by ending secret legislation in Washington?

(Disclosure- I am the online organizer and outreach coordinator for the Sunlight Foundation)