Friday, December 6, 2024

Experts mull what Trump means for FARA

Presented by the American Cancer Society Cancer Action Network: Delivered daily, Influence gives you a comprehensive rundown and analysis of all lobby hires and news on K Street.
Dec 06, 2024 View in browser
 
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By Caitlin Oprysko and Dana Nickel

Presented by 

the American Cancer Society Cancer Action Network

With help from Daniel Lippman

FARA FRIDAY: After nearly three years of waiting, the Justice Department is aiming to release its proposed updates to FARA’s implementing regulations in the coming weeks, top department officials said today.

— Deputy Assistant Attorney General Eun Young Choi told a gathering of FARA practitioners at a conference in National Harbor this morning that the proposals — which will be the first substantive FARA revamp in almost three decades — should drop by next month, several attendees told PI. In later sessions of the conference, FARA Unit leaders Evan Turgeon and Jennifer Gellie told attendees the new rules would drop in January.

— DOJ first announced in December 2021 that it planned to update the World War II-era statute to better align with the modern era of influence peddling. There have been several false alarms since then as to the rules’ impending release, but they reached one of the final stages of the process in July when they were cleared in a review by the White House’s Office of Information and Regulatory Affairs.

— During the same conference a year ago, Gellie set off a wave of panic when she telegraphed that the new implementing regulations could significantly narrow FARA’s exemptions for commercial entities, potentially subjecting scores of U.S. subsidiaries of foreign companies to FARA’s more stringent disclosure requirements compared to the Lobbying Disclosure Act.

— Though Gellie didn’t back down from that today, according to attendees, she continued to frame the move as a shift to focusing on which activity benefits predominantly foreign interests versus domestic ones rather than a narrowing of the exemption.

— While it’s possible that the new implementing regulations could be finalized before Trump is sworn into office, it requires a 30-day public comment period that leaves virtually no room for delay. Whatever the timing is, the rules will face an uncertain fate under President-elect Donald Trump, whose approach to FARA enforcement was the subject of speculation at another panel this morning that, like much of the conference, was closed to press. The new rules will also be limited in reach, with more sweeping updates requiring congressional action.

— The revamp would cap a year packed with foreign influence prosecutions, even by the standards of DOJ’s aggressive efforts to uncover such campaigns that began in Trump’s first term.

— That crackdown ended up ensnaring several members of Trump’s inner circle, feeding fears that he could gut the relatively small FARA Unit out of spite or a desire to make a clean break from the policies put forward during the Biden administration, according to FARA lawyers, who were granted anonymity to speak candidly about the statute’s future under the next president.

— Some expressed hope that any changes to FARA or its enforcement could fly under Trump’s radar while he addresses higher-profile priorities or that concerns about optics could stave off any wholesale upheaval of DOJ’s work to crack down on illicit foreign influence, which is supported by several key Republicans in Congress.

— At the same time, attendees told PI they wouldn’t be surprised to see the statute further weaponized under Trump to target progressive nonprofits, think tanks or NGOs with ties or funding outside the U.S. The statute’s treatment of such organizations is one of the many ambiguities for which FARA practitioners have clamored for clarity as part of the new rules.

— One wild card will be Trump’s pick to lead DOJ, Pam Bondi, who has previously been a registered foreign agent and thus has an uncommon perspective on how the statute — and its more stringent disclosure requirements — work in practice.

TGIF and welcome to PI. Send influence tips: coprysko@politico.com. And be sure to follow me on X: @caitlinoprysko.

A message from the American Cancer Society Cancer Action Network:

Congress, when you prioritize the fight against cancer, you make time for survivors to live their lives to the fullest. As you finish work before the end of the year, support robust funding increases for cancer research and prevention at the NIH and NCI and pass H.R. 2407 / S. 2085 to provide a pathway to coverage for multi-cancer early detection tests once FDA-approved and clinical benefit is shown. Congress: Fight Cancer. Make Time.

 

BUSINESSES BEWARE: Business groups are worried about Rep.Lori Chavez-DeRemer (R-Ore.), Trump’s unconventional pick to lead the Labor Department, and they’re working behind the scenes to ensure they have business-friendly contacts at other key offices within the agency, reports our Nick Niedzwiadek.

— Chavez-DeRemer’s support for some prominent union-friendly legislation has alarmed business interests. Employers have submitted names to transition staff for other top posts at the department — including regulators like the Occupational Safety and Health Administration — that would ease their concerns.

— “The maneuvering underscores how eager businesses are to turn the corner on what they see as the Biden administration’s baldly pro-union, anti-employer tilt on issues ranging from overtime pay to heat exposure protections for workers. While Chavez-DeRemer may turn out to be a strong ally in what is expected to be a very pro-business Trump White House, they want some assurances.”

OLD MACDONALD HAD A FARM (BILL): Corporate lobby spending on nutrition issues has ramped up as the latest farm bill’s passage is delayed, reports Emma Rose Brown for OpenSecrets.

— The farm bill is a sweeping measure that authorizes nutrition programs for low-income Americans and assistance to U.S. farmers, agricultural manufacturers and ranches. Three-quarters of the funding contained in the bill is allocated to the Supplemental Nutrition Assistance Program. SNAP provides food benefits to low-income families to supplement their grocery budget and it feeds about 42 million Americans each day.

— “As of the election, organizations that lobbied on SNAP had spent a total of $340 million on all lobbying activities (not just SNAP) since the current Congress convened in January 2023, nearly doubling the amount spent prior to the bill’s previous reauthorization in 2018.”

— The American Medical Association and AARP were the top two spenders — both organizations have spent a combined $70 million since the first quarter of 2023. Other key players include Amazon, which has spent $34 million in the last two years, and Walmart, which has spent a combined $12.9 million since 2023.

STEPPING BACK: The head of Senate Leadership Fund, the top super PAC for Senate Republicans, is stepping aside after a decade of running one of the most prominent big-money groups in U.S. politics, reports Shane Goldmacher for The New York Times.

Steven Law’s decision to depart as chief executive coincides with Sen. Mitch McConnell (R-Ky.) leaving his post as the Republican leader in the Senate. Law has known McConnell since 1987 and once served as McConnell’s chief of staff. He oversaw the rise of the Senate Leadership Fund and One Nation, its nonprofit arm, into a well-oiled behemoth for Republicans.

— “The two groups raised $2.3 billion in the last decade, officials said, and Mr. Law became a trusted custodian of the contributions from some of the wealthiest donors in the GOP, including Paul Singer, Kenneth C. Griffin, Stephen A. Schwarzman and other Wall Street titans.”

— Law is leaving the Senate Leadership Fund after an election cycle that resulted in significant Republican gains. “His departure clears the way for the incoming Republican majority leader, Sen. John Thune of South Dakota, to install his own ally or trusted adviser atop the super PAC.”

RBG FOR WHO?: Elon Musk was the sole funder of a super PAC that spent millions on ads claiming Trump was aligned with late Supreme Court Justice Ruth Bader Ginsburg’s position on abortion, our Jessica Piper reports.

— “The $20.5 million that Musk put into that group, RBG PAC, accounted for just a small fraction of his total political spending this year, which included $238 million to a super PAC he started and millions more to other GOP groups.”

— RBG PAC spent nearly all of its money on advertising. Its ads claim that Trump was of “one mind” with Ginsburg, a longtime liberal justice and women’s rights advocate, on the issue of abortion. The PAC’s website featured photos of Trump and Ginsburg with the caption “great minds think alike.” While justices typically avoid speaking publicly about presidential politics, Ginsburg’s dying wish in 2020 was that she not be replaced on the bench by Trump.

— Musk, now poised to advise Trump under the so-called Department of Government Efficiency, spent more than $260 million in the 2024 election, making him the largest individual political donor this cycle. He became a major political player this year, endorsing Trump and appearing with him on the campaign trail. Musk’s spending was mostly in the presidential race, but he also dropped millions for down-ballot elections.

CORDIALLY INVITED: The fundraising effort for Trump’s inauguration will include a pair of K Street figures. “Honored to serve as a Finance Chair and Vice Chair of the Inauguration of President Donald J. Trump and Vice President-Elect Senator JD Vance!” Reince Priebus, Trump’s former chief of staff and a leader at the government affairs firm Michael Best Strategies, wrote in a post on X on Thursday.

— The finance team also includes Jeff Miller, the founder of Miller Strategies and a top Republican fundraiser, as well as megadonor Miriam Adelson and Wisconsin business owner Diane Hendricks.

SPOTTED on Thursday at a celebration marking 20 years of Mozilla’s Firefox, per a tipster: Daniel Zhao, an advisor at the FTC; Gigi Sohn, the executive director of the American Association for Public Broadband; Alexandra Reeve Givens, the CEO of the Center for Democracy and Technology; Lori Ismail, deputy floor director for House Minority Leader Hakeem Jeffries (D-N.Y.); James Mann, legislative director for Sen. Shelley Capito (R-W.Va.); Natalie McIntyre, legislative director for Sen. Bill Hagerty (R-Tenn.); Alissa Cooper, executive director of the Knight-Georgetown Institute; Jenn Taylor Hodges, director of Mozilla’s U.S. Public Policy & Government Relations; Kush Amlani, Mozilla’s global competition and regulatory counsel; Andrew Overholt, Mozilla’s vice president of engineering; Linda Griffin, Mozilla’s vice president of global policy; Nabiha Syed, executive director of the Mozilla Foundation; and Alan Davidson, assistant secretary of Commerce and Information and NTIA administrator.

— And at BGR Group’s holiday party at the National Building Museum, per a tipster: White House Director of the Office of Public Engagement Steve Benjamin; Sen. Mike Rounds (R-S.D.); and Reps. Jason Smith (R-Mo.), John Joyce (R-Pa.), Mike Lawler (R-N.Y.), Brett Guthrie (R-Ky.), Beth Van Duyne (R-Texas), Bryan Steil (R-Wis.), Randy Feenstra (R-Iowa), Tony Wied (R-Wis.), Bill Foster (D-Ill.), Don Davis (D-N.C.), Rob Menendez (D-N.J.), Mike Flood (R-Neb.), Gabe Amo (D-R.I.), Derrick Van Orden (R-Wis.), Tom Tiffany (R-Wis.), Chuck Fleischmann (R-Tenn.), Troy Balderson (R-Ohio), Zach Nunn (R-Iowa), Buddy Carter (R-Ga.), Daniel Meuser (R-Pa.), Kevin Hern (R-Okla.), William Timmons (R-S.C.), Drew Ferguson (R-Ga.), Steve Womack (R-Ark.), Michael Guest (R-Miss.), Rich McCormick (R-Ga.), Kelly Armstrong (R-N.D.) and Trent Kelly (R-Miss.)

Jobs report

Megan Ekstrom has been named as Alliance for Automotive Innovation’s vice president of federal affairs. She previously led federal and state public affairs for Zillow.

Matt Hoffmann will return to BGR Group as co-head of the Financial Services Practice Group. He is the former Republican staff director of the House Financial Service Committee.

Julie Harrington, a communications manager at Invariant, is joining the Anduril Industries communications team.

Will Metts, a former executive at Amazon Web Services and Northrop Grumman, has joined the Center for Strategic and International Studies as a non-resident senior associate in the Defense-Industrial Initiatives Group.

 

A message from the American Cancer Society Cancer Action Network:

Advertisement Image

 
New Joint Fundraisers

None.

New PACs

U-PAC (PAC)

New Lobbying REGISTRATIONS

Cgcn Group, LLC: Texas Essential Healthcare Partnerships

Continental Strategy, LLC: Arizona State University

Continental Strategy, LLC: Emerge Americas

Forward Global: Mission Essential Group, LLC

Harper & Bailey Governmental Solutions LLC: Aarp

Harper & Bailey Governmental Solutions LLC: City Of Clinton

Harper & Bailey Governmental Solutions LLC: City Of Louisville

Harper & Bailey Governmental Solutions LLC: City Of Natchez

Harper & Bailey Governmental Solutions LLC: City Of Petal

Harper & Bailey Governmental Solutions LLC: Clinton Raymond Bolton Wastewater Authority

Harper & Bailey Governmental Solutions LLC: Forrest County Board Of Supervisors

Harper & Bailey Governmental Solutions LLC: Forrest-Lamar Alliance

Harper & Bailey Governmental Solutions LLC: Harmony Biosciences

Harper & Bailey Governmental Solutions LLC: Innova Prep School

Harper & Bailey Governmental Solutions LLC: Mercy House Adult And Teen Challenge

Harper & Bailey Governmental Solutions LLC: National Fragile X Foundation

Harper & Bailey Governmental Solutions LLC: The Coalition Of Residential Excellence (Core)

New Lobbying Terminations

Da Vinci Group: Fundamental Data, LLC

Fierce Government Relations: National Football League Players Association

Marathon Oil Corporation: Marathon Oil Corporation

Tollhouse Enterprize LLC: Patriot Rail Company LLC

A message from the American Cancer Society Cancer Action Network:

Over 2 million people in the United States will be diagnosed this year. Others will grieve the loss of a friend, colleague, or family member, one of projected 620,000 lives that will be lost to this disease. As you finish this year, Congress has the opportunity to prioritize the fight against cancer to help millions of people.

When Congress prioritizes policies to end cancer as we know it, for everyone, you make time for patients, loved ones, caregivers, and everybody else affected by the 200 diseases known as cancer. Now is the time to support robust funding increases for cancer research and prevention at the NIH and NCI and pass H.R. 2407 / S. 2085 to provide a pathway to coverage for multi-cancer early detection tests once FDA-approved and clinical benefit is shown. Congress: Fight Cancer. Make Time.

 
 

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