WASHINGTON — Restaurant chains like McDonald’s want to keep their
lucrative tax credit for hiring veterans. Altria, the tobacco giant,
wants to cut the corporate tax rate. And Sapphire Energy, a small
alternative energy company, is determined to protect a tax incentive it
believes could turn algae into a popular motor fuel.
To make their case as Congress prepares to debate a rewrite of the
nation’s tax code, this diverse set of businesses has at least one
strategy in common: they have retained firms that employ lobbyists who
are former aides to Max Baucus, the chairman of the Senate Finance Committee, which will have a crucial role in shaping any legislation.
No other lawmaker on Capitol Hill has such a sizable constellation of
former aides working as tax lobbyists, representing blue-chip clients
that include telecommunications businesses, oil companies, retailers and
financial firms, according to an analysis by LegiStorm,
an online database that tracks Congressional staff members and
lobbying. At least 28 aides who have worked for Mr. Baucus, Democrat of
Montana, since he became the committee chairman in 2001 have lobbied on
tax issues during the Obama administration — more than any other current
member of Congress, according to the analysis of lobbying filings
performed for The New York Times.
“K Street is literally littered with former Baucus staffers,” said Jade
West, an executive at a wholesalers’ trade association that relies on a
former finance panel aide, Mary Burke Baker. “It opens doors that allow you to make the case.”
Like Ms. Baker, many of those lobbyists have already saved their clients millions — in some cases, billions — of dollars after Mr. Baucus backed
their requests to extend certain corporate tax perks, provisions that
were adopted as part of the so-called fiscal cliff legislation in
January. Baucus aides who later became lobbyists helped financial firms
save $11.2 billion in tax deferments and helped secure a $222 million
tax benefit that is shared with the liquor industry.
Sean Neary, a spokesman for Mr. Baucus, said the senator had regularly
rejected requests from those lobbyists for provisions benefiting their
clients, like an appeal from one former aide, Pat Bousliman, now working as a wind industry lobbyist, to extend an alternative energy loan guarantee program that expired in 2011.
Mr. Baucus’s decisions are based on the merits of the policies, Mr.
Neary said, not on who is advocating for them. “The fact is, oftentimes
good policy can indirectly benefit someone,” he said. “That doesn’t mean
it shouldn’t be done.”
The debate over the tax code — which has emerged as part of the two-year
effort to stimulate the economy and reduce the deficit — could turn
into a battle royal. While many members of Congress talk about lowering
the corporate tax rate, replacing that lost revenue would require
eliminating many tax loopholes that legions of lobbyists, including many
who had worked for other prominent lawmakers, make a living laboring to
expand or defend.
Mr. Baucus, 71, the son of a wealthy Montana rancher, is somewhat of a
wild card in the tax debate: he is the top Democrat in what arguably is
the Senate’s most powerful committee seat. The finance panel helps
dictate how the government raises almost all of its money, and spends
nearly half of it.
But he often bucks his party’s leadership. Last month, for example, he voted
against the Democrats’ budget proposal for 2014, which included nearly
$1 trillion in new revenues. He also favored the Bush administration’s
tax cuts in 2001 for Americans including the wealthy, putting him at odds with many Democrats.
Mr. Baucus, who has spent nearly his entire professional career in
Congress, declined a request for an interview. But Mr. Neary said that
every action the senator takes is motivated by his commitment to voters.
“Every vote has to answer one question for him and that is: How is it impacting Montanans?” Mr. Neary said.
Several veteran Capitol Hill aides said it was naïve to suggest that
former aides could extract special favors from their one-time bosses —
unless what they were pushing for had broad support. But the former
aides still bring an advantage to the corporations that hire them.
“It does mean you will have someone who knows how the levers of power
are pushed or how to push the levers, and who can describe to you how
situations are going to play out based on their years of experience,”
said Jim Manley,
a former aide to Senator Harry Reid, the majority leader. Mr. Manley
now works at a Washington lobbying and communications firm, QGA Public
Affairs.
In recent interviews, four former aides to Mr. Baucus said that their
ties to him heightened their appeal to potential clients. The link also
helped justify their salaries, in some cases $500,000 or higher, more
than double or triple their Capitol Hill paychecks.
Former Senate aides who become lobbyists must wait a year before they
can contact Mr. Baucus or his staff on behalf of a client, according to Senate ethics rules.
Staying active in their circle, one former aide said, also requires that
they help Mr. Baucus’s political career, through fund-raising and other
assistance.
Several of the lobbyists regularly fly to Big Sky, Mont., for weekend fund-raising retreats
that Mr. Baucus hosts, or attend more intimate events in Washington
like a gathering last month near the Capitol, where Paul Wilkins, Mr.
Baucus’s chief of staff, talked about the millions of dollars Mr. Baucus
will need to raise for his re-election campaign next year.
Among them, the top givers include Jeffrey A. Forbes,
Mr. Baucus’s former Finance Committee staff director, who has donated a
total of at least $25,000 to Mr. Baucus, his political action committee
or the Montana Democratic Party. He attended the retreat in February at
the Big Sky resort, which included skiing, snowmobiling and a big
family dinner at Buck’s T-4 Lodge. The totals grow much bigger — to
hundreds of thousands of dollars — when donations from Mr. Forbes’s
clients, including Verizon and Altria, and other partners at his lobbying firm, are counted.
Mr. Wilkins said that the donations and fund-raising had been vital,
noting that the nearly $4.6 million expected in hand by the end of this
month would rank Mr. Baucus’s campaign chest among the top 10 in the
Senate.
“It allows us to scare off opponents,” Mr. Wilkins told the group, which
included former Baucus aides turned lobbyists, at a Capitol Hill
townhouse owned by Federal Express. “It is the basis of everything that
we do. So thank you for your support and everything you have done for
Senator Baucus.” A New York Times reporter in attendance was asked to
leave the private event.
Asked later about his comments, Mr. Wilkins said, “There is no
expectation that former staffers do anything related to the office. They
are private individuals, if they want to donate fine. If they don’t
want to donate, that is fine, too.”
Mr. Baucus’s office points out that the former aides who now work as tax
lobbyists are a small fraction of those whose who have worked for him
over the years. Still, several colleagues who have served more than two
decades on the finance panel — including Orrin G. Hatch, Republican of
Utah, and Charles E. Grassley, Republican of Iowa, both as ranking
Republican or chairman — have much smaller networks of former aides who
are tax lobbyists, according to the data collected by LegiStorm and the Center for Responsive Politics.
Republicans, though, imposed term limits on committee leadership posts
more than a decade ago to help deter the creation of a so-called iron
triangle among the chairman, federal officials and corporate lobbyists.
Mr. Baucus is viewed as an important ally when it comes to including corporate tax priorities into legislation. Last year, he introduced a plan
— most of which was eventually passed into law as part of the fiscal
cliff deal in January — that contained more than a dozen tax breaks,
some of them pushed by clients who had retained Washington lobbying
firms that employ his former aides or political advisers.Shannon Finley,
who served as a political consultant and fund-raiser for Mr. Baucus
before joining a lobbying firm in Washington, was hired in late 2011 by Beam, the liquor industry giant, to protect a federal tax break that it gets a cut of for producing its Cruzan rum in the United States Virgin Islands. Despite protests
from fiscal conservatives that it was a giveaway, the provision was
included in Mr. Baucus’s package, costing $222 million over the coming
decade. Ms. Finley declined to comment.
The National Restaurant Association, whose board includes a senior
McDonald’s executive, had three former aides to Mr. Baucus working on
tax-related matters, including Patrick Heck,
who once held the post of chief tax counsel to Mr. Baucus. The
association helped secure three provisions in the January deal, worth an
estimated $5.9 billion over the next decade to restaurants and other
companies. Elizabeth Garner, a Restaurant Association lobbyist, said Mr.
Heck had expertise and relationships that proved helpful in their push.
With a debate on rewriting the tax code to streamline and simplify it
expected to start this year — leaders in both the House and the Senate
are working on their own drafts — lobbying could reach levels like that
of the 2009 debate over health care, which also was overseen in part by
the Senate Finance Committee, with Mr. Baucus at the gavel. His staff is
already hosting meetings with industry lobbyists, academics and outside
parties to get advice on the tax package that the Senate Finance
Committee is trying to create.
Mr. Baucus’s former aides will almost certainly be pushing competing
plans. Some large corporations with relatively high corporate tax rates,
like Verizon and Altria, have retained Mr. Forbes to help push for the
overall cut in the tax rate, while others, like General Electric,
which pays a relatively low rate, have a team of lobbyists including
Ms. Finley to try to protect their various federal tax advantages.
Mr. Baucus’s office said the senator’s actions on the tax rewriting
effort would be based on the bipartisan consensus that he was trying to
build among the committee’s members, not any special favors that
individual industries wanted, even if they were represented by his
former aides.
Bob Packwood, the former Republican senator from Oregon who was the
chairman of the Senate Finance Committee in 1986 — the last time
Congress passed broad legislation rewriting the tax code — said in an
interview that former aides tended to have access to lawmakers, though
he questioned how much influence they really had.
But one thing is certain: they will try.
“The lobbying will be tremendous,” he said. “As it was last time.”
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