-Caveat Lector-

Corporate donors seek return on investment in Bush campaign

<http://www.msnbc.com/news/539790.asp>

Philip Morris has numerous ties to the Bush administration

By Tom Hamburger, Laurie McGinley and David S. Cloud
THE WALL STREET JOURNAL

WASHINGTON, March 6 - For the businesses that invested more money than ever
before in George W. Bush's costly campaign for the presidency, the returns
have already begun. MBNA America Bank was one of the single largest
corporate donors to the Bush campaign and other GOP electoral efforts last
year.
THE BANK AND ITS EMPLOYEES gave a total of about $1.3 million, according to
the Center for Responsive Politics, a non-partisan clearinghouse here.
Charles Cawley, MBNA's president, was a member of the Bush "pioneers,"
wealthy fund-raisers who each personally gathered at least $100,000 for the
presidential campaign.
Mr. Cawley hosted Bush fund-raising events at his home in Wilmington, Del.,
last year and, in 1999, at his summer home in Maine, north of the Bush
family retreat in Kennebunkport. At the Maine affair, 200 guests gathered
in the early evening on the large porch of the Cawley home, situated on a
hill with a sweeping view of the Atlantic Ocean.  Guests sipped cocktails
and heard a brief talk by the candidate.
The money didn't stop on election day. Mr. Cawley and his wife each gave
the maximum of $5,000 to help fund Mr.  Bush's fight in the Florida vote
recount. Mr. Cawley gave an additional $100,000 to the Bush-Cheney
inaugural committee, the most the committee would take from a single donor.
Last week, MBNA's investment began paying off. The company, one of the
nation's three largest credit-card issuers, has been pushing for years to
tighten bankruptcy laws that allow certain consumers filing for court
protection, in effect, to disregard obligations to credit-card companies
and other unsecured lenders. On Wednesday, the White House announced that
President Bush would sign a bill now moving through Congress that would
make it tougher for consumers to escape such debts. If enacted, the measure
could translate into an estimated tens of millions of dollars in additional
annual earnings for each of the big credit companies.
MBNA's vice chair, David Spartin, says his firm has no way to estimate how
the legislation would affect the company's bottom line. MBNA has backed the
bill for years "because we think it is good for consumers," as it will
"reduce the cost of credit for everyone," Mr. Spartin says.  The donations
to President Bush and other candidates were made because "we think they
would make excellent public officials," he adds. No MBNA official "has ever
spoken to President Bush about the bill," Mr. Spartin says.
                           'OUT OF THE CAVE, BLINKING'
Many corporations feel like a new day is dawning in Washington. "We have
come out of the cave, blinking in the sunlight, saying to one another, 'My
God, now we can actually get something done,' " says Richard Hohlt,
Washington lobbyist for several other major banks which, like MBNA, are
backing an industry coalition whose members provided some $26 million to
Republicans during the 1999-2000 campaign cycle.
President Clinton last year vetoed a similar bill that would have toughened
bankruptcy law. Consumer groups argue that such legislation would weaken
protection for working families, many of whom have been the targets of
aggressive credit-card marketing.
Also in action last week were members of a large coalition of Mr. Bush's
business backers who want to roll back new federal rules designed to
protect workers from repetitive-motion injuries.
In a private meeting with congressional leaders last Tuesday, President
Bush signed off on a plan to kill the ergonomic regulations, using the
powers of the Congressional Review Act. That act, passed in 1996, gives
Congress 60 days to reject regulations issued by federal agencies. But it
was never used during Mr. Clinton's term because to take effect, a
resolution rejecting new rules has to be approved by the president.
Repealing the ergonomic rules ranks high on the priority lists of the U.S.
Chamber of Commerce, the National Association of Manufacturers and the
National Association of Wholesaler-Distributors. The trade groups
technically don't endorse candidates, but each of them mounted major
grass-roots and advertising campaigns that benefited Mr.  Bush and other
Republicans in the 2000 elections.
A repeal would be a particularly hard loss for organized labor, which has
fought for enactment of the ergonomic rules for 10 years, saying they are
needed to protect workers from wrist, back and other injuries.
On employee safety, consumer bankruptcy and a host of other issues, Bush
administration officials maintain they are acting strictly on the merits,
not the money. Proponents of the bankruptcy bill, for example, point out
that personal bankruptcy filings reached a record 1.4 million in 1998. The
bill that would toughen the bankruptcy law won strong bipartisan support in
the House last week, passing 309-106.
Business advocates maintain that the ergonomics rules include an overly
broad definition of "musculoskeletal disorders" and that the new standards
give employees claiming to have such disorders overly generous treatment:
90% of their salary and benefits for up to three months.
But as strongly as they believe in their arguments, business lobbyists
acknowledge it's no accident that, following their massive support for the
GOP, Republicans are moving quickly to address some of their top issues.
Mr. Bush ran the most costly presidential campaign in American history.
Donors to his campaign and the Republican National Committee contributed a
total of $314 million. Of that, more than 80% came from corporations or
individuals employed by them. Al Gore and the Democratic National Committee
raised $213 million, receiving strong support from labor organizations and
their members. But more than 70% of the Democratic total also came from
businesses and their employees.
These totals can be seen as somewhat inflated because most donors to either
party work for a business. But the amounts don't included separate
contributions from trade associations or independent business advertising.
"The role of business last year was huge, and it overwhelmingly benefited
Republicans," says Larry Makinson of the Center for Responsive Politics.
As the bankruptcy and ergonomics bills move through the Senate over the
next few days, business groups also will be looking for early action on
other key issues. Here's a preview.
                           DRUGS AND PRIVACY
With then-Vice President Al Gore and many Democratic congressional
candidates railing against alleged profiteering by drug companies, the
industry made its biggest-ever contributions to the GOP cause.
Drug companies contributed $14 million to Republican campaigns over the
past two years and spent an additional $60 million to fund their own
independent political-advertising campaign. Industry executives will be
lobbying the new administration on a wide range of issues, such as the
proposal to overhaul the Medicare program and include a prescription-drug
benefit for senior citizens. The industry wants to make sure such a benefit
doesn't lead to drug-price controls.
But that fight isn't likely to command center stage for many months. In the
meantime, drug companies will press for a rewrite of federal rules
protecting the privacy of patients' medical records. The rules were
announced with much fanfare in the final weeks of the Clinton
administration. The drug companies recently got a sign that they, too, were
making progress with the new administration.
Health and Human Services Secretary Tommy Thompson, in a move that
infuriated consumer groups, invited additional public comments on the rules
until the end of this month. The industry is hoping the move will lead to
more delays and, ultimately, significant revisions.
Last December, Mr. Clinton heralded the rules as "the most sweeping privacy
protections ever written." For the first time, patients would have access
to their medical files and could correct mistakes. Providers, such as
hospitals and health plans, would be required to get written permission
from patients to use or disclose patients' health information.  Providers
also would have to create sophisticated record-keeping systems and privacy
policies to document compliance with the rules.
Hailed by privacy advocates, the rules include provisions anathema to
nearly every segment of the health-care industry. Drug makers, HMOs,
drugstore chains and hospitals say that while they back the goal of
increased privacy, the rules have a potential cumulative price tag in the
tens of billions of dollars, much of it to overhaul data-collection and
information-technology systems.
The companies warn that the new requirements mean that pharmacies would
need signed customer consents on file before they could do something as
simple as sending a prescription home with a neighbor. The drug industry
also says that research critical to boosting corporate innovation and
tracking the safety of drugs would be inhibited.  Academic researchers
seeking personal health information from hospitals would have to get
authorization from the patient or undergo a special privacy review by a
hospital panel.
Privacy advocates such as Janlori Goldman of the Health Privacy Project at
Georgetown University counter that such dire predictions are inaccurate and
"hysterical."
Technically, the regulations apply to the use of information by hospitals,
doctors, pharmacists and HMOs.  But they have big implications for drug
companies, which depend on access to that data for research and
marketing.  Among the drug companies most concerned is Merck & Co., because
of its Merck-Medco unit. Like other pharmacy-benefits managers, which
obtain contracts from HMOs and employers to keep drug costs down,
Merck-Medco fears it would it be hindered in its ability to track
physician-prescribing patterns and other information.
Taking the lead on combating the rules is the Confidentiality Coalition, an
industry group that meets at the offices of the Healthcare Leadership
Council, overlooking Farragut Square, a few blocks from the White
House.  Dubbed the "Anti-confidentiality Coalition" by privacy advocates,
the alliance has 120 members, including Merck, Eli Lilly & Co., Cigna Corp.
and Medtronic Inc., the big medical-device maker. A core group of 20 to 30
lobbyists shows up regularly for strategy sessions.
During the second week in February, an industry contingent met with Sally
Canfield, a senior counselor to Mr.  Thompson of HHS. The industry team
included Laurie Michel, a lobbyist for Merck, and Laura Gogal, vice
president and chief counsel of the Federation of American Hospitals, the
trade association of for-profit hospitals. Ms. Canfield was well known to
the industry group because of her own past posts as a lobbyist for insurer
Mutual of Omaha Inc. and a staffer to GOP Rep. Jim McCrery of Louisiana,
who often works on health issues.
Meanwhile, Craig Fuller, who served as chief of staff to former President
George Bush and now heads the National Association of Chain Drug Stores,
met recently with Mr.  Thompson to make the case on privacy and other
issues. Mr.  Fuller's current constituents include such behemoths as CVS
Corp. and Walgreen Co.
The drug industry provides a case study of how the ties between the new
Bush administration and its business backers run much deeper than money.
There is often a shared worldview among people who have been colleagues and
friends in both the private sector and government.
Raymond Gilmartin, chairman and chief executive of Merck, and Anne Marie
Lynch and Bill Walters, top officials at the Pharmaceutical Research and
Manufacturers of America, the industry's main trade group, all served as
advisers to the Bush transition team on health issues.
Deborah Steelman, a prominent lobbyist whose clients include Bristol-Myers
Squibb and the drug-industry trade group, was sounded out for a top job at
the Department of Health and Human Services, but declined. Mitch Daniels, a
Lilly executive, accepted the offer he got to be director of the White
House Office of Management and Budget, which oversees both budget and
regulatory issues.
                           TOBACCO TIES
When it comes to being well-connected with the new administration, few
industries rival tobacco. Cigarette makers are hoping those ties help
accomplish such goals as snuffing out a multibillion-dollar federal lawsuit
against it.
Cigarette companies adopted a much lower profile in the last election than
drug companies, in part because Republican strategists worried that
featuring close ties to tobacco would anger many voters. But the money
flowed liberally. Tobacco interests contributed roughly $90,000 to Mr.
Bush's campaign, part of the $6.7 million they provided to the Republican
Party and its candidates in the last election cycle.  Democrats received
$1.4 million from tobacco interests.
Beyond the campaign, industry titan Philip Morris Cos. was one of the most
generous contributors to Mr. Bush's inaugural, giving $100,000 itself and
another $100,000 through its subsidiary, Kraft Foods.  Along with a number
of inauguration tickets, these donations entitled company executives to two
tables at a candlelight supper attended by President Bush and Vice
President Cheney the night before their swearing-in.
Philip Morris has numerous long-standing ties to the Bush administration.
Karl Rove, a senior White House adviser, worked as a political consultant
for the company from 1991 to 1996. Kirk Blalock, a Philip Morris
public-relations official, took a job in the White House in January as a
liaison to the business community. Handling the inaugural donations for
Philip Morris was Thomas Collamore, a vice president for public affairs who
worked for President Bush's father, both in the White House and the
Commerce Department. Charles Black, an informal adviser to Mr. Bush during
his campaign, is also a Philip Morris lobbyist in Washington.
Mr. Thompson of HHS, received more than $70,000 in Philip Morris
campaign-related contributions during his years as Wisconsin governor. He
disclosed before his Senate confirmation earlier this year that he owned
between $15,000 and $50,000 in Philip Morris stock. An administration
spokesman says that Mr. Thompson didn't realize he owned the company's
stock because it was in a blind trust and that he planned to sell it.
British American Tobacco PLC's Brown & Williamson unit and R.J. Reynolds
Tobacco Holdings Inc. are also well-positioned. Both companies are
represented by Barbour, Griffith & Rogers, a lobbying firm stocked with
Republican operatives, including former GOP Chairman Haley Barbour and
Lanny Griffith, a former White House aide to Mr. Bush's father.
The industry's first objective is to get rid of a massive federal lawsuit,
launched by the Clinton administration, that accuses cigarette makers of
"racketeering" and lying about the health risks of smoking for 50 years.
The case is pending in federal court in Washington.
Tobacco companies are so confident the Bush team will drop the suit that
they claim to have no plans even to ask for it to be withdrawn. "We are not
lobbying on this at all," says Philip Morris spokeswoman Peggy Roberts.
Many in the industry say they think an aggressive push to kill the suit
would be counterproductive, causing the Bush administration to worry about
the perception that it is eager to do a huge favor for one of its
most-generous donors.
One way to squelch the suit would be for Congress to cut or eliminate
funding for it, which for the current fiscal year is budgeted at $23
million. Although skittish about approaching the Bush administration
directly, Philip Morris officials say they have no qualms about lobbying
this year for such a funding cut. Another possible scenario for terminating
the suit is for the Justice Department to reach a settlement with the
companies.
Mr. Bush has avoided making a definitive statement about the tobacco suit.
But referring to the case in August, he said, "I think we've had enough
suits," adding, "The lawyers I talk to don't feel they [the Justice
Department] have a case."
Complicating the situation is the presence of one key person on the Bush
team who historically hasn't had an easy relationship with the big tobacco
companies: Attorney General John Ashcroft, who now oversees the federal
suit.  Mr. Ashcroft's dim view of the industry arises from having seen
several friends die from cancer, aides say.
At a get-acquainted meeting with tobacco lobbyists soon after being elected
to the Senate in 1995, Mr. Ashcroft damped the atmosphere with a diatribe.
"Let me tell you up front that I believe you guys are the merchants of
death, and I don't support your product or your industry," Mr. Ashcroft was
quoted as saying by two people at the meeting.
Yet three years later, as Mr. Ashcroft was considering entering the race
for the presidency, he took a different position. When the Senate Commerce
Committee considered legislation to restrict tobacco marketing and raise
cigarette taxes, Mr. Ashcroft was the only vote against the bill on the
20-member committee, even though he still denounced the industry. His vote
was a surprise to industry lobbyists, who were even more pleased when his
persistent attacks on the proposed $1.10-a-pack rise in cigarette taxes
helped kill the measure on the Senate floor.
An aide to Mr. Ashcroft says that, while critical of the tobacco industry,
Mr. Ashcroft concluded that the bill contained excessive tax increases and
required too much bureaucracy to implement the marketing restrictions.
During his confirmation hearings in January, Mr.  Ashcroft said that he had
"no predisposition" to dismiss the federal lawsuit. He promised to consult
with career attorneys at the Justice Department and make a decision based
on a "careful examination of the facts and the law."
                           AIRLINE ANTITRUST
When George W. Bush became president-elect, American Airlines was ready. On
the Sunday after Al Gore conceded the bitterly contested election, the
Dallas-based unit of AMR Corp. rolled a brand-new 737-800 onto the tarmac
at the airport near Austin, the Texas capital. It had been specially
painted in the airline's distinctive 1960s colors  a silver fuselage with a
bold red lightning bolt.
The triumphant charter flight, paid for by the campaign, ferried Mr. Bush
and his inner circle, including aides Andrew Card, Condoleezza Rice and
Karen Hughes, from Austin to Dulles for their first round of meetings here.
The president-elect and his staff were treated to a dinner of
Chateaubriand, shrimp Caesar salads and hot chocolate-chip cookies, baked
on board.
"As a Texas-based airline, it was an honor and a privilege to carry Mr.
Bush," Don Carty, the chief executive officer, said at the time. "American
Airlines is proud to have the president-elect's vote of confidence."
Mr. Carty was an early booster, and, like Mr. Cawley of MBNA, one of Mr.
Bush's pioneer fund-raisers. He personally gave the maximum donation of
$5,000 to support Mr. Bush's legal fight following the contested Florida
vote.  The company also gave the maximum $100,000 gift to the Bush
inaugural committee.
What American and other big companies hope for is a change in antitrust
policy. In the airline's case that would mean the government's backing off
the antitrust suit President Clinton's Justice Department brought against
it.  The suit, filed in 1998 and scheduled to go to trial in May in federal
court in Wichita, Kan., alleges that American used illegal tactics to
squelch competition at its Dallas hub. The case is being watched closely as
a sign of the new administration's approach to antitrust enforcement.
The Bush team must decide whether to proceed with the trial as planned, or
settle. Charles James, the nominee for Justice Department antitrust chief,
hasn't been confirmed, and career officials at the Justice Department say
they expect the case to be pursued on its merits.
But there are already signs that the administration may view the case
skeptically. Timothy Muris, who has been close to Mr. James since the two
worked together at the Federal Trade Commission during the Reagan years,
has openly questioned the wisdom of the Clinton suit because it relies on
an expansive interpretation of antitrust law. A law professor at George
Mason University in Arlington, Va., Mr.  Muris helped shape antitrust
policy for the Bush transition team and is expected to be named chairman of
the FTC, which also enforces antitrust laws.
Mr. James won't comment on American's case but has said he generally
doesn't favor antitrust cases that "make new law."
                           ALASKA DRILLING
Of all the business interests that backed Mr. Bush, oil companies have the
clearest ties and strongest personal meaning to the new president. He is a
former oil man who revels in his attachments to Texas, and his best friends
are oil men, too. Promoting the industry is an instinctive impulse for the
president that goes beyond campaign contributions.
When Mr. Bush announced Mr. Cheney, former chairman of Halliburton Inc. as
his running mate, Hollywood director Rob Reiner joked that the GOP's idea
of diversity is having "two guys heading the ticket from two different oil
companies."
The personal connections were strengthened with money. The oil industry
donated more than it ever has before:
$32 million during the past two years, with 80% of it going to Republican
causes. As a result, "all the stars are aligned this year," says Roger
Herrera, who heads a lobbying effort to allow oil drilling in Alaska's
costal plain, known as the Arctic National Wildlife Refuge.
Mr. Herrera is a courtly, Oxford-educated oil company geologist, who has
made more than 50 appearances before congressional committees, taken
hundreds of politicians on guided tours of Alaska and built one of
Washington's most innovative and influential lobbying operations, known as
Arctic Power. Until now, his decade-long efforts to open up Alaska's
coastal plain for oil and gas development have been consistently
frustrated. In 1989, there was the Exxon Valdez oil spill; in 1991, a
Senate filibuster threat; and in 1995, a veto by President Clinton.
Now, Mr. Herrera promises, things will be different.  He's counting on the
combined power of the new president, who favors drilling in the coastal
plain, and Alaska's powerful congressional delegation, Senators Ted
Stevens, Frank H.  Murkowski and Rep. Don Young. All three of these veteran
Republicans chair influential committees. In the White House, Mr. Cheney's
energy-policy task force is directed by Andrew D. Lundquist, former staff
director for Sen.  Murkowski's Senate Energy Committee.
To build support last week, Alaska's Governor Tony Knowles, in town for a
governors conference, took two days to discuss oil exploration with
skeptical Democrats on Capitol Hill. "I am going to be in contact with
people who have expressed opposition but seem to be amenable to reason," he
told reporters last Tuesday. He went to the Hill that day carrying support
and strategic advice from all corners of the new administration. He had met
with Interior Secretary Gale Norton, Energy Secretary Spencer Abraham and
Environmental Protection Agency Administrator Christine Todd Whitman.
This powerful network of industry allies will face a daunting alliance of
more than 400 environmental organizations determined to stop Alaska
drilling in the interest of preserving the area's pristine condition. But
this year, Mr.  Herrera says, the industry group feels up to the task.

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