mcconnell campaign finance report

Cashing In On Obstruction

How Mitch McConnell Abuse of the Filibuster and Other Senate Rules Benefits His Big Money Donors

By Tam Doan and Kurt Walters of Public Campaign Action Fund January 2013

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Executive Summary Since Republicans lost the majority in 2006 and Sen. Mitch McConnell (R-‐Ky.) became minority leader in 2007, the United States Senate has seen an unprecedented level of filibustering and obstruction. McConnell has been at the helm of a scorched earth policy of blocking nearly every bill and nominee that comes before the Senate, imposing an anti-‐democratic super-‐majority requirement to advance any legislation or appointment. This has meant little to no work on a wide range of lingering problems from anemic job growth to unwarranted giveaways of tax dollars to oil companies to the highest rates of inequality since the Gilded Age.

draising career with his willingness to foment legislative dysfunction, which serves to increase his power and enrich his corporate donors while leaving American families to struggle. The eight cases of obstruction examined in this report span several important policies and highly competent judicial and administrative nominees. These cases are among the many instances where McConnell placed the interests of his big money donors ahead of Kentuckians and everyday families. Highlights

On the very day debate began on a bill to repeal subsidies to Big Oil, an astonishing

$131,500 in campaign contributions passed from the hands of oil donors in Midland, -‐election war chest. Three days later the bill failed by

filibuster.

Companies that lobbied against bringing jobs back to America and ending tax breaks for offshoring have given McConnell one million dollars to win his elections and look out for their interests. Big McConnell donors such as GE, Microsoft, and Exxon Mobil also have billions in untaxed profits stashed overseas.

Despite once supporting transparency, McConnell has led the effort to block the

DISCLOSE Act and keep Americans in the dark about the money flowing into elections. Wealthy individuals and companies spending millions in secret money have overwhelmingly helped ambition to become majority leader of the Senate.

Sen. McConnell took the unusual step of filibustering a district court nominee, former

trial lawyer Jack McConnell, who was vehemently opposed by the insurance industry and the U.S. Chamber of Commerce after Jack McConnell won a multi-‐billion dollar case against lead paint companies. Sen. McConnell has received $1.7 million from insurance interests, and has taken tens of thousands of dollars from one of the lead paint companies in the case and its parent company.

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Introduction Since Republicans lost the majority in 2006 and Sen. Mitch McConnell (R-‐Ky.) became minority leader in 2007, the Senate has seen a level of filibustering and obstruction that is literally

The number of filibusters1 jumped to an average of 130 for each of the Congresses in which Republicans have been in the minority (110th through 112th), exactly double the average of 65 per two-‐year session from when Democrats were last in the minority. This is a historical aberration. There were more filibusters in 2012 alone (67) than there were in the 54 years between 1917 and 1970 (58).

Use of Filibuster Over Time Via Cloture Votes2

Unfortunately, this has real consequences for the amount of legislation that is passed to benefit the American people. The 112th Congress passed only 212 public bills through December 21, 2012, significantly lower than any two-‐year period at least as far back as World War II.3 This is not just about divided government. When Democrats last held the Senate with a Republican-‐controlled house, from 1981-‐1987, Congress still managed to pass an average of 587 public bills each session.4

1 This is measured by the number of cloture motions filed. Successfully invoking cloture takes 60 votes and ends a filibuster. 2 Accessed December 28, 2012: http://www.senate.gov/pagelayout/reference/cloture_motions/clotureCounts.htm 3 Brennan Center for Justice, November 16, 2012. http://www.brennancenter.org/content/resource/curbing_filibuster_abuse 4 Brennan Center for Justice, November 16, 2012. http://www.brennancenter.org/content/resource/curbing_filibuster_abuse

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Behind this dysfunction and gridlock break with Senate traditions and the culture of bipartisan compromise. Instead he has increasingly used Senate rules to block any legislation he disfavors, even if it holds broad popular support and a majority of votes in the legislature. Looking through the list of bills and nominees that Republican senators have filibustered in the past six years, a common theme emerges. Rather than addressing the concerns of everyday people in Kentucky, Sen. McConnell and his allies have spent their energy abusing Senate rules to block important policies and appointments opposed by a small number of politically powerful groups, many of which are large sources of campaign cash to -‐election campaigns. As this report will show, special interests such as Big Oil, corporate tax dodgers, insurance

. McConnell has even threatened to hold hostage middle-‐class tax cuts and other policies important to everyday Americans until he gets his way. Kentuckians could rightly wonder whom Mitch McConnell is standing up for in Congress. The Senate Rules Fight Faced with McConnell and his ca -‐democratic super-‐majority requirement for even routine pieces of legislation and nominations, even Senate traditionalists, like Sen. Harry Reid (D-‐Nev.) who opposed reforming the filibuster as recently as 2010, now support reforming Senate rules to reduce abuse of the filibuster and other obstructionist methods. Reid and his colleagues in the Senate, including Senators Merkley (D-‐Ore.) and Udall (D-‐N.M.),

requiring senators to actually take the floor and speak in order to block legislation, and eliminating the ability to

if necessary, allowing changes to Senate rules through simple majority vote on the first day of a new Congress rather than the two-‐thirds super-‐majority it requires otherwise. McConnell sees this as an affront:

What the majority leader is saying is he will break the rules of the Senate in order to change the rules of the Senate. It has been the case in the past that it took a super majority of 67 which of course meant that most rules changes occurred because the two leaders agreed to them and were proposing them jointly, instead what the majority leader is saying is that he will propose to change the rules with 51 votes, meaning his side gets to decide what the rules are.5

5 Congressional Record Vol. 158, No. 148, Government Printing Office, November 26, 2012. http://www.gpo.gov/fdsys/pkg/CREC-‐2012-‐11-‐26/html/CREC-‐2012-‐11-‐26-‐pt1-‐PgS6878-‐3.htm

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In fact, McConnell is objecting to the very same technique he supported when Republicans had n proponent of the nuclear option, another

name for the constitutional option. While in the majority and facing Democratic filibusters of

this obstruction necessitates that we restore these norms and traditions, and that includes through the use of the so-‐ 6

of obstructionist tactics and objecting to Senate rules reform. This turnaround reflects a trend with McConnell, who seems willing to switch his principles to whatever position affords him the most power. In a political system where money is power, McConnell can gain influence by abusing Senate rules in ways he once condemned as long as he protects the bottom line of his large, corporate donors.

6 Washington Times, March 23, 2005, A1.

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over his career reveals key trends: McConnell has become increasingly dependent on donors that can give more, come from outside Kentucky, and represent corporate interests, putting him farther and farther out of touch with the needs of Kentucky residents. Over his last three elections, McConnell has honed his fundraising skills and money has followed his rise to power. He went from raising about $4 million in itemized contributions in the six year period leading up to his 1996 election and more than $20 million for his 2008 election.

Over a long career of fundraising, Sen. McConnell has raised a staggering $45 million at least, looking at just his campaign committee.8 He has raised an additional $6 million to his leadership

Republicans and firm up his leadership status. McConnell was also able to turn his fundraising prowess into influence with his colleagues when he served as chairman of the National Republican Senatorial Committee. In the 1998 and 2000 cycles a rare two-‐term stint McConnell brought in $91 million and then $96 million to be distributed amongst Republican colleagues and candidates, following just $72 million being raised in 1996. All the while, McConnell was leading efforts against campaign finance reform that would place limits on the kind of soft money he depended on at the NRSC.

7 Unless otherwise noted, all information on campaign contributions is based on analysis of data provided by the Center for Responsive Politics, downloaded in bulk on October 29, 2012 from the Sunlight Foundation (http://data.influenceexplorer.com). Itemized campaign contribution data (for donors giving more than $200 in a cycle) were available starting from 1989 to June 30, 2012. Thus, 2012 cycle totals are partial. Unless otherwise noted, totals include

8 This career total since 1989 is provided CRP and includes records available starting in 1989 (McConnell was first elected in 1984). This amount does not include money raised by his leadership PAC, Bluegrass Committee. Accessed December 16, 2012: https://www.opensecrets.org/politicians/summary.php?cycle=Career&type=I&cid=N00003389&newMem=N

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Unlike most other elected officials who view raising money as a necessary evil, McConnell relishes fundraising. "When he asked for money, his eyes would shine like diamonds," said former Sen. Alan Simpson (R-‐Wyo.). "He obviously loved it."9 Control over the disbursement of that money also gave McConnell tremendous sway with his colleagues, which he was able to cash in as votes for majority whip in 2002. More large donors Over his career, only about 16 percent of has come from small donors, measured by unitemized contributions where donors gave less than $200 in a cycle. mere five percent.10 McConnell is much more reliant on the large, itemized contributions of at least $200. Among his large donors, the average total contribution per cycle has risen over the years, particularly among PACs, which gave about $1,500 on average in the 1994 cycle and nearly $4,000 in the most recent cycle. This increase minority leader, peaking in his last election in 2008. Average Total Contribution Per Cycle for PACs and Individuals

9 Lexington Herald-‐Leader, October 15, 2006. http://wincoast.com/forum/archive/index.php/t-‐43005.html 10 http://www.opensecrets.org/politicians/summary.php?type=C&cid=N00003389&newMem=N&cycle=2012

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More out-‐of-‐state donors As McConnell gained rank within the Senate, the share of individual contributions he took from Kentucky residents declined, reaching an all time low of 13 percent in the 2012 cycle. Meanwhile, individual contributions from Texas, the Washington area (D.C., Maryland, and Virginia), and the New York tri-‐state area (New York, New Jersey, and Connecticut), have increased, represe oil tycoons, lobbyists, and bankers.11 In the 2012 cycle, the proportion of money from Texas (20%) and the New York tri-‐state area (19%) each surpassed the share of money from inside Kentucky (13%). Percentage of Itemized Individual Contributions from Kentucky Compared to Other States

More corporate interests The money McConnell takes from business interests such as banks, hedge fund managers, health insurers, lobbyists, and oil companies dominates his campaign money profile. This type of money peaked in his most recent election in 2008 and is on track to play a large role in his 2014 campaign. Giving at least $8.7 million in contributions to his campaign committee and leadership PAC over his career, Wall Street is by far the largest sector of donors to McConnell. Within the finance sector, his biggest supporters come from the securities and investment industry, followed by real estate, insurance and commercial bank interests.

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Business-‐Labor-‐Ideological-‐Other Split Over Time

Total Contributions by Sector

Sector Total Finance, Insurance & Real Estate $8,712,881 Manufacturing, Sales & Services $4,796,563 Health $4,341,193 Lawyers & Lobbyists $3,195,248 Agribusiness $2,968,881 Energy & Natural Resources $2,917,008 Ideological/Single-‐Issue $2,648,708 Communications/Electronics $2,042,186 Construction $1,936,677 Transportation $1,701,098 Defense $680,699 Other $632,556 Party Cmtes $154,724 Labor $69,750 Joint Candidate Cmtes $11,911

Total Contributions by Industry Industry Total 1 Securities & Investment $2,463,701 2 Lawyers/Law Firms $2,007,866 3 Health Professionals $1,794,191 4 Real Estate $1,702,792 5 Insurance $1,669,632 6 Oil & Gas $1,336,211 7 Lobbyists $1,187,382 8 Pro-‐Israel $1,169,435 9 Commercial Banks $1,073,355 10 Hospitals/Nursing Homes $954,850 11 Pharma/Health Products $954,649 12 General Contractors $836,721 13 Misc Manufact. & Distributing $812,662 14 Mining $751,599 15 Misc Finance $747,984 16 TV/Movies/Music $694,075 17 Tobacco $648,969 18 Republican/Conservative $630,040 19 Business Services $625,570 20 Electric Utilities $604,799

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*Note that unaffiliated individuals are not included in the chart above. Such individuals have either not been coded or could not be readily categorized into sectors, including those reported as retired, as homemakers, or without employer or occupation information.

*Note that unaffiliated individuals are not included in the chart above. Such individuals have either not been coded or could not be readily categorized into sectors, including those reported as retired, as homemakers, or without employer or occupation information.

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More personal wealth

disclosure, has grown dramatically in recent years, exceeding the average wealth of his fellow Senators starting in 2008. In 2010, he was the tenth wealthiest Senator, having steadily climbed the ranks since 2004, when he occupied the 41st spot. In other words, over the last few years, while most American families reeled in the aftermath of the financial crisis, McConnell got rich and led legislative efforts that created more hardship for middle class families.

Recent Growth in

Source: Center for Responsive Politics, Personal Finance Profile for Senator McConnell

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Cases of Obstruction Minority Leader Mitch McConnell has led a scorched earth policy of filibustering nearly every bill and nominee that comes before the Senate, imposing an anti-‐democratic super-‐majority requirement to advance any legislation or appointment. This has meant little to no work on a wide range of lingering problems from low job growth to unwarranted giveaways of tax dollars to oil companies to the highest rates of inequality since the Gilded Age.

hopes the public will place the blame on President Obama for the lack of progress. According to his own statements, McConnell one goal was making Obama a one-‐term president.

manage to help keep Washington a corporation-‐friendly town. The following eight cases of obstruction span several important policies and highly competent judicial and administrative nominees. These cases are among the many instances where McConnell placed the interests of his big money donors ahead of Kentuckians and everyday families. Policy Case 1: Repeal Big Oil Subsidies On March 29, 2012, the Senate voted 51 in favor and 47 opposed to cut off debate and bring a final vote on a bill to remove $24 billion in tax breaks and giveaways to the five largest oil companies in America, some of the most profitable companies in the history of the world. In most legislatures throughout the world, or indeed most Senates in the history of the United States, this majority support would mean bill passage and over the next 10 years, $24 billion that would have gone to some of the largest oil companies would instead be split between reducing the federal debt and extending incentives for clean energy and energy efficiency. Instead, due to intense focus on obstructionist techniques, this vote merely added one more bill to the pile of legislation blocked by the filibuster. McConnell took to the Senate floor that day to talk about high gasoline prices, but his stated interest in getting things done for Americans was belied both by his record of obstruction and the enormous contributions he takes from the oil and gas industry. In fact, oil and gas interests

career, a top-‐10 donor industry for him, despite having almost no presence in Kentucky. His Big Oil donors are not subtle. On March 26th, just three days earlier and the very same day that Senate debate began on the Repeal Big Oil Subsidies Act, McConnell pulled in an astonishing $131,500 in contributions from oil-‐related donors in Midland, Texas, the oil

It is unclear from expense reports whether

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and his vote. These donors have influence beyond their money, as well. Among the Texas fundraiser attendees were former Commerce Secretary Donald Evans, who took a bus tour to promote

hen-‐Labor Secretary Elaine Chao;12 Miles Boldrick, in whose home Mitt Romney would later spend the night;13 and Javaid Anwar, who lent Rick Perry the use of his private jet.14 In fact, George W. Bush himself contributed the legal maximum to McConnell along with his wife ($10,000 total) just five days later. They listed their address as Midland, Texas rather than their homes in Crawford or Dallas, raising the possibility that they were involved in hosting the event. Of course, late March 2012 was not the first or only time McConnell stood up for his financial backers in the oil industry. Just months before, in December, 2011, McConnell announced he would hold hostage the extension of the payroll tax cut vital to the middle class during a weak economy unless a completely unrelated provision approving the Keystone XL pipeline was included.15 The pipeline was and continues to be a major priority for Big Oil. Incorporating a broad range of energy-‐related votes, favoring fossil fuel interests 94 percent of the time.16 Policy Case 2: Creating American Jobs and Ending Offshoring In recent years, as American workers faced record job losses and large companies continued to move positions abroad, federal policymakers have attempted to incentivize job creation in the U.S. and close tax loopholes that reward companies for moving their operations overseas. Among the attempts to eliminate such loopholes was the Creating American Jobs and Ending Offshoring Act (S.3816), a bill introduced in September 2010 that included ideas Obama announced support for in May 2009. The bill would have 1) granted a two-‐year payroll tax holiday for every job brought back to the US, 2) put an end to deductions companies can take when moving operations abroad, and 3) eliminated deferral of taxes on overseas profits for companies moving overseas. Similar

, debated at length the summer of 2010. But these provisions were stripped as this Senate bill failed cloture vote after

12 Kentucky New Era, July 29, 2003. 13 Alex Guillen Politico Morning Energy, August 22, 2012. http://www.politico.com/morningenergy/0812/morningenergy566.html 14 New York Times, May 7, 2012. Accessed December 18, 2012: http://www.nytimes.com/interactive/2012/01/31/us/politics/super-‐pac-‐donors.html?smid=tw-‐nytimespolitics&seid=auto 15 The Hill, December 16, 2011. http://thehill.com/blogs/e2-‐wire/e2-‐wire/199979-‐senate-‐gop-‐digs-‐in-‐on-‐keystone-‐pipeline-‐push 16 http://www.dirtyenergymoney.com/view.php?searchvalue=mcconnell&com=&can=&zip=&search=1&type=search#view=voterecord

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cloture vote, only to finally pass with a bare-‐bones extension of unemployment benefits and without the measures to bring jobs back from overseas. Provisions similar to the first two were included in the Bring Jobs Home Act, which also perished by filibuster in July 2012. After Obama announced his support for these ideas in 2009, McConnell endorse a plan that gives preferential treatment to foreign companies at the expense of U.S.-‐based companies and the 52 million people they employ,"17 when in reality it is large American multinationals that receive preferential treatment at the expense of small American businesses and American workers. Unfortunately McConnell helped block all these recent efforts to bring jobs back to the U.S., looking out repeatedly for his large corporate donors and opponents of these measures, including the National Association of Manufacturers and the U.S. Chamber of Commerce.18 Companies with key stakes in these policies understand how important it is to invest in

. Taking the companies that lobbied on S.3816 in 2010 as a sample, we find that McConnell raised close to $1 million from executives and PACs associated with 37 of the companies that reported lobbying on the bill in at least two of their filings.19 The largest donor in this group is General Electric (giving at least $174,812 to McConnell over the years), followed by Microsoft Corp ($100,750), Koch Industries ($85,450), and Exxon Mobil ($74,300). (See Appendix for full list.) These 37 companies have collectively stashed $445 billion in untaxed profits overseas instead of using those funds to create jobs in America. GE, Microsoft and Exxon Mobil also stand out in this regard, with offshore profits of $102 billion, $61 billion, and $74 billion respectively. Other McConnell donors that lobbied on the issue and sit on large overseas stores of cash include Johnson & Johnson ($42 billion abroad), IBM ($38 billion abroad), and Hewlett-‐Packard ($29 billion abroad). Policy Case 3: DISCLOSE

groups not required to disclose their donors, a practice allowed by Supreme Court decisions like Citizens United and the vagaries of U.S. tax law. Once, Mitch McConnell voiced opinions in support of the goal of disclosure, saying spending should b 20 But that was in 1997.

17 Obama Unveils Plan to Close Tax Loopholeshttp://www.foxnews.com/politics/2009/05/04/obama-‐unveils-‐plan-‐close-‐tax-‐loopholes/ 18 Obama Unveils Plan to Close Tax Loopholeshttp://www.foxnews.com/politics/2009/05/04/obama-‐unveils-‐plan-‐close-‐tax-‐loopholes/ 19 Lobbying information is based on an analysis of data provided by the Center for Responsive Politics. 20 Lexington Herald-‐Leader, August 1, 2010. http://www.kentucky.com/2010/08/01/1372068/mcconnells-‐hypocrisy-‐on-‐campaign.html

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Times have changed and the big money problem has worsened in American politics. Regardless, McConnell seems less concerned nowadays with voters having information to judge undue

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Accounts from the Senate make it clear that the blockage of this formerly-‐bipartisan idea by filibusters 22 McConnell put on senators in his caucus to oppose the legislation, even over considerable objections in private. The bill fell just one vote short of the 60-‐vote threshold in 2010 and failed on another party-‐line vote in 2012. What could account for the difference between his previous support for transparency and his now vehement opposition to the DISCLOSE Act? McConnell would have you believe that he is simply maintaining consistent support of the First Amendment against attempts to impinge on the freedom of speech. The facts paint a different picture.

money spent on their behalf, a 5-‐to-‐1 advantage in the 2012 elections. So-‐called social welfare organizations (or 501(c)4 s) and trade associations (or 501(c)6 s) are not required to register as political committees with the Federal Election Commission or disclose their donors. These dark money groups spent $245.4 million benefitting Republicans, dwarfing the $49.6 million similar groups spent to help Democrats.23 McConnell is the same person who said the top three priorities for building a political party are

24 and opportunistically sought to ban contributions by political action committees (PACs) in 1996, when PACs gave more money to Democrats than Republicans, without thinking this might violate the First Amendment.25 Even a top Republican aide said in

-‐Feingold campaign finance reform law 100 percent prencompassed the practical the 26

21 -‐ USA Today, July 5, 2012. http://usatoday30.usatoday.com/news/opinion/editorials/story/2012-‐07-‐05/Disclose-‐Act-‐Mitch-‐McConnell/56046300/1 22 Disclose Act Vote Railroaded By Mitch McConnell, Senate Dems Claim Huffington Post, July 18, 2012. http://www.huffingtonpost.com/2012/07/18/disclose-‐act_n_1683573.html 23 -‐ Sunlight Foundation Reporting Group. Accessed December 17, 2012: http://reporting.sunlightfoundation.com/outside-‐spending/noncommittees/ 24 Lexington Herald-‐Leader, October 15, 2006. http://wincoast.com/forum/archive/index.php/t-‐43005.html 25 PBS News Hour, June 24, 1996. 26 McConnell gets ready to step into Frist's shoes: Loyal, understated whip awaits his turn at the summit The Hill, Oct. 25, 2005.

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Beyond the partisan advantage dark money grants Republicans s chances of becoming majority leader he also has personal ties to some of the biggest dark money groups. The largest dark money group, Crossroads GPS (Grassroots Policy Strategies), is run by

politics, he learned from McConnell, and it shows. First as a Senate staffer for McConnell, then on his own helping the U.S. Chamber of Commerce transition to becoming a big political spender and as head of Crossroads GPS and American Crossroads reer has involved raising enormous sums of money for political uses.

disclosed spending, and every penny either attacking Democrats or supporting Republicans. McConn pressuring members of his caucus who privately support transparency to maintain party-‐line opposition to legislation like the DISCLOSE Act that would require Crossroads to disclose its donors. With the incredible effort McConnell has put into using every obstruction measure possible to block the DISCLOSE Act, the failure of Congress to prevent massive amounts of secret money being spent in the 2012 election can be almost ent Policy Case 4: Employee Free Choice Though growing inequality is a moral and economic concern in America, Congress has failed to reinstall policies that could help reverse this trend by strengthening the rights and voices of workers.27 Academics and policy-‐makers have argued that restoring balance to the union election process through the Employee Free Choice Act (EFCA) would help rebuild the middle class. Unfortunately, due in part to the powerful influence of large corporate campaign donors, McConnell and the Senate effectively blocked EFCA in 2007 and 2009 through the use and threat of the filibuster. In March 2007, the House passed EFCA28 before it died by cloture vote in the Senate that June.29 In March 2009, Senator Ted Kennedy introduced the bill again30 and fellow Senators spent months trying to amass and maintain 60 votes. In the end, the 60-‐vote threshold was too high a barrier to overcome.

27 New York Times, October 19, 2012. http://www.nytimes.com/roomfordebate/2012/10/18/shrink-‐inequality-‐to-‐grow-‐the-‐economy/revive-‐labors-‐power 28 Roll Call Vote 118, H.R. 800, May 7, 2007. http://clerk.house.gov/evs/2007/roll118.xml 29 Roll Call Vote 227, H.R. 800, June 26, 2007. http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00227 30 Employee Free Choice Act of 2009http://www.govtrack.us/congress/bills/111/s560

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Big corporate interests kept the heat on throughout that time by spending millions on lobbying and elections. More than 300 companies and trade groups lobbied on the bill in just 2009, spending upwards of $563 million on lobbying.31 The U.S. Chamber of Commerce, whose vice

32 spent $123 million lobbying on this issue. The Chamber also spent at least $17 million in the 2008 election, mostly through outside spending. These interests had a friend in McConnell, who warned the bill fundamentally harm America 33 Over his career, McConnell has taken at least $3.4 million in campaign contributions from 150 of the companies and trade groups that lobbied against the Senate version of the bill (S.560).34 which have given at least $55,000 to his campaign committee and leadership PAC over the years, while the company lobbied heavily on the bill, spending $935,000 in 2009. In October 2008, during the lead-‐up to this policy battle, Home Depot co-‐founder Bernie Marcus, who has personally donated to McConnell, warned that EFCA would mean "the demise of a civilization." He went on to say that "[i]f a retailer has not gotten involved with this, if he has not spent money on this election, if he has not sent money to Norm Coleman and these other guys," then such retailers "should be shot; should be thrown out of their goddamn jobs."35

ch has given McConnell at least $32,650, and Wal-‐Mart, which has given $53,800 and lobbied heavily on the bill. Both companies have faced recent worker and community protests for better pay and worker rights. The Associated Builders and Contractors, which has given McConnell $74,250, sent a letter in

36 McConnell was sympathetic to these concerns and those of the overwhelming number of his campaign donors who lobbied on this bill. (See Appendix for full list.)

31 This amount includes lobbying expenditures for other issues and bills, since lobbying expenditure reports do not allow for disaggregation of expenditures by issue or bill. Organizations that specified the bill in at least two filings in 2009 were included in this count. 32 Steven After Push for Obama, Unions Seek New Rules New York Times, November 8, 2008. http://www.nytimes.com/2008/11/09/us/politics/09labor.html?pagewanted=all 33 ThinkProgress, January 23, 2009. http://thinkprogress.org/politics/2009/01/23/35208/mcconnell-‐efca/ 34 Organizations that specified the bill in at least two filings in 2009 were included in this count. 35 It's Time to Give Voters the Liberalism They Want, Wall Street Journal, November 19, 2008. http://online.wsj.com/article/SB122705706314639537.html 36 Associated Builders and Contractors battle Employee Free Choice Act Houston Business Journal, April 21, 2009. http://blog.mlive.com/westsidestory/2009/04/associated_builders_and_contra.html

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Policy Case 5: Helping Families Save Their Homes In 2009, one in every four homeowners was underwater, owing more on their mortgages than their homes were worth37 and more than a million families nationwide had lost their homes the previous year.38 In Kentucky, the foreclosure rate remained higher than it had been in decades.39 In April 2009, as the foreclosure crisis escalated, the House passed the Helping Families Save Their Homes Act,40 which included a key provision to create flexibility for bankruptcy judges to modify mortgages for homeowners facing foreclosure, the so-‐called provision. In the Senate, despite his efforts, Senator Durbin was not able to garner 60 votes to keep the cramdown provision in their version of the bill,41 after months of negotiating and working with banks and Republicans. It was during this process that Durbin noted, with regard to Capitol Hill, that ly 42 With Wall Street interests at least $8.7 million, it is fair to ask whether Wall Street owns Senator McConnell in particular. Some of McConnell top donors from the finance sector fought against provision. The American Bankers Association, which has given at least $85,000 to McConnell over the years, left the negotiating table Durbin convened43 and spent $8.5 million lobbying against the bill in 2009.44 Other opponents included the Mortgage Bankers Association ($37,500 in campaign contributions to McConnell) and the Financial Services Roundtable ($24,000).

including billions in outstanding unsecured debt on underwater homes, loans that could be written off completely by mortgage adjustments.45 46 is also

$134,475 over his career.

37 One in Four Borrowers Is Underwater Wall Street Journal, November 24, 2009. http://online.wsj.com/article/SB125903489722661849.html 38 Over one Million People Lost their Home in 2008 Bloomberg BusinessWeek, January 14, 2009. http://www.businessweek.com/the_thread/hotproperty/archives/2009/01/over_one_millio.html 39 Emily Spurlock, et al. Housing Foreclosures in Kentucky, Kentucky Legislative Research Commission, July 9, 2009, pg. 18. http://www.lrc.ky.gov/lrcpubs/rr365.pdf 40 Roll Call Vote 104, H.R. 1106, March 5, 2009. http://clerk.house.gov/evs/2009/roll104.xml 41 Roll Call Vote 174, S.Amdt. 2014 to S. 896, April 30, 2009. http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=111&session=1&vote=00174 42 Dick Durbi Huffington Post, May 30, 2009. http://www.huffingtonpost.com/2009/04/29/dick-‐durbin-‐banks-‐frankly_n_193010.html 43 Bankruptcy Bill Watered Down, Still Fiercely Opposed By Banks Huffington Post, May 28, 2009. http://www.huffingtonpost.com/2009/04/27/bankruptcy-‐bill-‐watered-‐d_n_191998.html 44 This amount includes lobbying expenditures for other issues and bills, since lobbying expenditure reports do not allow for disaggregation of expenditures by issue or bill. 45 Why a Mortgage Cramdown Bill Is Still the Best Bet to Save the Economy The Nation, October 20, 2011. http://www.thenation.com/article/164096/why-‐mortgage-‐cramdown-‐bill-‐still-‐best-‐bet-‐save-‐economy# 46 http://www.ffiec.gov/nicpubweb/nicweb/Top50Form.aspx

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Nominee Case 1: Jack McConnell Sen. McConnell has blocked or slowed more than just legislation in the interest of his deep-‐pocketed donors. He also has taken the filibustering of judicial and administrative nominees to new heights.

McConnell (no relation) was nominated to the District Court of Rhode Island on March 10, 2010, business and insurance interests mobilized to block the former trial lawyer from appearing on the bench. Naturally, Mitch McConnell was there to back up his allies and donors with the very rare step of filibustering a district court nominee, the lowest level subject to Senate confirmation. The U.S. Chamber of Commerce in many ways led the charge against Jack McConnell, evidently because of his history representing plaintiffs against big businesses for lawsuits around asbestos, tobacco, and lead paint. Rhode Island reporters noted the connection behind the

largest business trade group and the delays by Senate Republicans, despite the nominee Jack nomination has been stalled for more than a year for no apparent reason other than that the

businesses 47

doubt the

48 The business lobby was not opposing Jack McConnell simply for ideological reasons. Many of

lawsuits argued by Jack McConnell or his firm. Attorney in which he represented the state of Rhode Island, resulted in $1.7 to $3.4 billion in costs for Sherwin-‐Williams, NL Industries, and Millenium Holdings to clean up 240,000 Rhode Island homes contaminated by their lead paint. its parent company have given $43,755 to McConnell over the years. Similarly, Georgia-‐Pacific has been the target of several asbestos lawsuits argued by Motley

The billionaire Koch brothers who own Georgia-‐parent company, Koch Industries, have immense levels of political influence, funding a vast network of dark money groups like Americans for Prosperity that has collectively been termed

47 NPR, May 3, 2011. http://wrnipoliticsblog.wordpress.com/2011/05/03/isnt-‐it-‐time-‐jack-‐mcconnell-‐gets-‐a-‐senate-‐vote/ 48

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och World, 49 and the PAC and employees of Georgia-‐Pacific and Koch Industries poured over

Another interested party with Sen. ree different insurance industry trade groups all signed on to a letter by the U.S. Chamber of Commerce opposing Jack M The insurance industry has given Mitch McConnell $1.7 million, but this amount still pales in comparison to the sums at stake for insurers in class action lawsuits like the ones Jack McConnell argued. On May 4, 2011 Jac finally moved forward via a cloture vote of 63-‐33 and then was confirmed on a narrower 50-‐44 basis, reflecting the reluctance of some rank-‐and-‐file Republicans to carry out court nominees. Still, a similar judicial nominee, Louis Butler, was sunk due to analogous business opposition stemming from his previous rulings on lead paint and medical malpractice cases.50 Nominee Case 2: CFPB Director On July 21, 2010, President Obama signed into law the Dodd-‐Frank Act, the most sweeping reform of Wall Street since the Great Depression. This came after months of attempts by Republicans and Wall Street lobbyists to water down the bill and an astounding 10 filibusters on the bill in the Senate. Faced with an Act of Congress he could not find the votes to repeal, McConnell and the Republican minority in the Senate sought to effectively nullify Dodd-‐Frank through additional obstruction. A primary tactic was the decision to filibuster any nominee to become director of the Consumer Financial Protection Bureau (CFPB), regardless of his or her qualifications. McConnell led 44 Republican senators to write a letter saying that no nominee would get

51 Since the CFPB was designed to protect Americans against the abuses of big banks and predatory lenders, debilitating the bureau has been and remains a huge priority for the financial sector and McConnell. Wall Street, incidentally, is the single biggest sector contributing money to McConnell, who has taken at least $8.7 million from financial interests over his career. Even after Obama passed over Elizabeth Warren, a favorite of liberal groups who was strongly opposed by conservatives, and nominated Ohio Attorney General Richard Cordray to be

49 Politico, June 15, 2012. http://www.politico.com/news/stories/0612/77453.html 50 Milwaukee Journal Sentinel, December 20, 2010. http://www.jsonline.com/news/usandworld/112207769.html 51 Office of Sen. Richard Shelby, May 5, 2011. http://shelby.senate.gov/public/index.cfm/2011/5/44-‐u-‐s-‐sens-‐to-‐obama-‐no-‐accountability-‐no-‐confirmation

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director of the CFPB in July 2011, Republican obstruction did not let up. Rather than the bureau beginning in earnest its work of protecting consumers on the scheduled launch date of July 21, 2011, the CFPB sat through months of delays in the Senate waiting for a director, culminating in a cloture vote for Cordray on December 8, 2011. In the end, the 44 letter signers and one additional Republican voted against cloture, using the filibuster to block an up-‐or-‐down vote on

McConnell and the rest of his caucus even tried to use a technicality to prevent Obama from using his recess appointment powers by holding pro forma sessions essentially a few senators calling the Senate into session without conducting any significant business throughout the traditional winter recess. Obama called their bluff by installing Cordray on January 4th, prompting McConnell to claim that arrogantly circumvented the American people by 'recess' appointing Richard Cordray. 52 This came from the same man who had spent the past 18 months trying to subvert the will of the American people, through their elected representatives, by nullifying a legitimate Act of Congress he lacked the votes to repeal. Once Cordray and the CFPB began to conduct business, it was clear why McConnell and his donors in the banking industry were so keen to impede their work. The first enforcement action the new agency took was a $210 million settlement with Capital Onelargest donor ($121,500) including $150 million in refunds to two million American consumers on whom Capital One had used deceptive marketing practices. probably no coincidence that over half of the money McConnell received from Capital One, $61,500, came in the year and a half between the passage of Dodd-‐Frank and the eventual installment of Richard Cordray. Similarly, the next action coming out of the CFPB was a $112.5 million settlement with American Express, which has given $69,950 to McConnell. Just like for Capital One, the return

in saving American Express from paying out millions to customers it had wronged. After the passage of Dodd-‐Frank, McConnell was quoted as saying of regulatory agencies that anything we can do to slow down, deter or impede their ability to engage in this oppressive overregulation, which is freezing up our economy, would be good for our country 53 Millions of

for mistreatment by big banks and credit companies

52 Office of Sen. Mitch McConnell, January 4, 2012. 53 Peter Schroe McConnell: Cutting funds for Dodd-‐Frank regulatory agencies good for economy The Hill, June 23, 2011. http://thehill.com/blogs/on-‐the-‐money/banking-‐financial-‐institutions/168057-‐mcconnell-‐cutting-‐funds-‐for-‐dodd-‐frank-‐agencies-‐good-‐for-‐nation

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Nominee Case 3: Donald Berwick In April 2010, President Obama nominated Donald Berwick to head the Centers for Medicare and Medicaid. A pediatrician who worked to improve the management of health care systems,

54 Foreseeing a protracted Senate confirmation process and needing an administrator to help implement the new health care law, Obama installed him through a recess appointment in July 2010, much to the ire of Senate Republicans. Senator McConnell called the appointment

55 Since Berwick could only serve the recess appointment through the end of 2011, Obama re-‐nominated him in January 2011. Shortly afterward, Senate Republicans united in expressing

56 and many vowed to block his confirmation.57 Seeing the uphill battle, Berwick resigned at the end of his term, a fate that even opponents of Obama-‐

Washington.58 Berwickremarks to the British National Health Service You could have protected the wealthy and the well, instead of recognizing that sick people tend to be poorer and that poor people tend to be sicker, and that any health care funding plan that is just, equitable, civilized, and humane must must redistribute wealth from the richer among us to the poorer and less fortunate. Excellent healthcare is by definition redistribution. 59 As many Americans with private health insurance know from experience, tending to the sick and the poor is not a priority for health insurance companies, where the drive for profit leads to lower quality care while executives spend millions on politicians to fight health care reform. Given his leadership role, Senator Mitch McConnell has been a favorite for this interest group, taking $2.2 million from insurance and HMO companies over the years, including $158,877

$115,700 from Blue Cross Blue Shield and Wellpoint, and $46,900 from UnitedHealth Group.

54 Obama to Bypass Senate to Name Health Official New York Times, July 6, 2010. http://www.nytimes.com/2010/07/07/health/policy/07recess.html 55 Senator Mitch McConnell: Americans Deserve to Hear How Donald Berwick Would Ration Medicare Life News, July 12, 2010. http://209.157.64.201/focus/f-‐news/2551328/posts 56 Hatch, Enzi Spearhead Letter to President Urging Him to Withdraw Berwick Nomination to Head CMSRanking Member of Senate Committee on Finance (Orrin Hatch), March 3, 2011. http://www.finance.senate.gov/newsroom/ranking/release/?id=862493f5-‐d9d7-‐418e-‐b47a-‐17b23142c0b6 57 New York Times, November 23, 2011. http://www.nytimes.com/2011/11/24/health/policy/dr-‐donald-‐m-‐berwick-‐resigns-‐as-‐head-‐of-‐medicare-‐and-‐medicaid.html 58 Donald Berwick's Resignation And The Triumph Of The Bland Forbes, November 23, 2011. http://www.forbes.com/sites/davidwhelan/2011/11/23/donald-‐berwicks-‐resignation-‐and-‐the-‐triumph-‐of-‐the-‐bland/ 59 Transcript: Dr. Donald Berwick's Speech To The British National Health Servicehttp://www.kaiserhealthnews.org/Stories/2010/July/07/berwick-‐british-‐NHS-‐speech-‐transcript.aspx

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Conclusion Senator Mitch McConnell has led a campaign of obstruction that has debilitated the Senate and Congress as a whole. Time and again, he has abused Senate rules to block majority-‐supported legislation opposed by his deep-‐pocketed corporate donors even when it hurts everyday Kentuckians and Americans. If the Senate is to return to its function of actually serving the constituents that elected officials are charged with representing, Senate rules must be reformed such that a small group of senators cannot exploit the filibuster, secret holds, and other obstructionist techniques to block the will of the American people. In addition, Fair Elections reform is vitally needed so that the voices of everyday people are heard in Washington over the din of lobbyists and high-‐priced fundraisers. Campaign finance reform that enables politicians to run a campaign relying on small contributions from their actual constituents, amplified with a public match, will once again make legislating about doing

ry Americans, not just pleasing a tiny sliver of wealthy donors.

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Methodology This report was prepared using publicly available data from government, nonprofit, and media

ibutions he has received. Contribution information is based on our analysis of data reported to the Federal Election Commission, coded by the Center for Responsive Politics, and ultimately accessed through bulk downloads provided by the Sunlight Foundation. The available information

leadership PAC, Bluegrass Committee. The totals reflect a partial 2012 cycle, as bulk data were available through June 30, 2012 at the data may also be revised over time. Records of filibusters were prepared through a combination of data from the U.S. Senate on attempts to end filibusters through motions and votes to invoke cloture, as well as publicly

Republican caucus and his public statements indicate he has played an enormous role in the uptick in obstruction, even if detailed information on the role specific senators play in filibusters is not publicly available. Information on lobbying and lobbying expenditures by various organizations is based on analysis of data provided by the Center for Responsive Politics, covering quarterly disclosure filings of lobbying entities with the Senate Office of Public Records.

About Public Campaign Action Fund Public Campaign Action Fund is a national nonpartisan organization dedicated to passing

ws. The organization works to hold elected official accountable for opposing reform and for the special favors they do for contributors. Learn more at www.campaignmoney.org. For more information, contact Kurt Walters ([email protected]).

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APPENDIX 1 Total Contributions to McConnell from Organizations that Lobbied on S.381660

Client Total to McConnell

Since 1989 Unrepatriated Offshore Profits, 2011 (millions)

Lobbying Reports on Issue/Bill

General Electric $174,812 $102,000 4 Microsoft Corp $100,750 $60,800 4 Koch Industries $85,450 N/A 2 Exxon Mobil $74,300 $47,000 4 American Express $69,950 $7,700 4 International Paper $54,500 $4,500 2 National Mining Assn $40,000 N/A 5 AstraZeneca Pharmaceuticals $33,700 N/A 2 PhRMA $32,200 N/A 2 Boston Scientific Corp $30,900 $10,346 2 Managed Funds Assn $30,000 N/A 2 Hewlett-‐Packard $24,750 $29,100 3 Arch Coal $23,000 N/A 2 Google Inc $19,000 $24,800 2 Johnson & Johnson $17,750 $41,600 2 Anadarko Petroleum $17,300 N/A 3 Bristol-‐Myers Squibb $17,250 $18,500 2 Medtronic Inc $17,000 $17,977 4 Deere & Co $13,000 $2,597 2 DuPont Co $12,500 $13,350 5 Barclays $12,000 N/A 2 American Petroleum Institute $10,800 N/A 4 3M Co $10,750 $7,100 2 US Chamber of Commerce $10,548 N/A 2 National Assn of Manufacturers $10,100 N/A 2 PPG Industries $8,500 $2,920 2 Retail Industry Leaders Assn $7,500 N/A 2 Shell Oil $7,100 N/A 2 Emerson $3,500 N/A 2 IBM Corp $2,450 $37,900 5 NCR Corp $2,000 $1,200 4 Texas Instruments $2,000 $4,120 3 Advanced Micro Devices $1,000 $414 2 Ameriprise Financial $1,000 $89 2 CA Inc $1,000 $1,999 3 Convergys Corp $1,000 N/A 2 Technology Assn of America $1,000 N/A 2 TOTAL $980,360 $445,014

60 Organizations that reported lobbying on S.3816 in at least 2 lobbying reports in 2010 were included.

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APPENDIX 2 Total Contributions to McConnell from Organizations that Lobbied on S.56061 Client Total to McConnell Since 1989 Lobbying Reports on Issue/Bill

Kindred Healthcare $202,450 4

General Electric $174,812 7

Ashland Inc $144,576 9

United Parcel Service $104,321 2

Peabody Energy $99,900 6

Associated Builders & Contractors $74,250 7

National Restaurant Assn $72,218 9

National Assn of Home Builders $70,500 5

Verizon Communications $65,250 8

Verizon Communications $65,250 5

Marathon Oil $64,600 4

National Auto Dealers Assn $62,000 4

Wine & Spirits Wholesalers of Amer. $57,000 4

Home Depot $55,500 16

Wal-‐Mart Stores $53,800 17

Duke Energy $52,850 5

American Trucking Assns $50,000 4

American Hospital Assn $46,000 17

Comcast Corp $45,500 10

YUM! Brands $44,450 7

Honeywell International $43,500 4

Food Marketing Institute $43,464 5

Federation of American Hospitals $41,500 8

Blackstone Group $41,300 2

National Multi Housing Council $41,250 4

National Mining Assn $40,000 6

Devon Energy $39,700 2

MetLife Inc $39,500 3

International Dairy Foods Assn $37,500 3

Natl Assn REITs $37,000 3

Darden Restaurants $36,000 3

Intl. Council of Shopping Cntrs $35,000 10

Associated General Contractors $35,000 4

Lockheed Martin $33,250 7

McDonald's Corp $32,650 5

Boston Scientific Corp $30,900 4

American Health Care Assn $30,250 9

61 Organizations that reported lobbying on S.560 in at least 2 lobbying reports in 2009 were included.

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NFIB $29,040 3

FedEx Corp $28,800 5

American Commercial Lines $27,000 4

American Meat Institute $26,000 4

Hewlett-‐Packard $24,750 4

Occidental Petroleum $24,500 6

Real Estate Roundtable $23,500 4

International Franchise Assn $23,100 8

Arch Coal $23,000 10

Ingram Industries $23,000 4

American Bakers Assn $20,875 7

Limited Brands $20,600 4

Nat. Assn of Wholesaler-‐Distributors $20,375 5

Carlyle Group $19,950 4

American Beverage Assn $19,500 4

Tyson Foods $19,400 6

CR Bard Inc $18,795 2

Intel Corp $18,300 2

American Hotel & Lodging Assn $17,000 6

Target Corp $16,500 9

Marriott International $15,500 8

Dean Foods $15,500 8

CVS/Caremark Corp $15,500 6

National Stone, Sand & Gravel Assn $15,500 4

Mutual of Omaha $15,000 2

Republican Jewish Coalition $14,600 2

National Ready Mixed Concrete Assn $14,500 4

American Gaming Assn $14,400 2

Assn of KFC Franchisees $14,000 4

American Rental Assn $13,501 8

Property Casualty Insurers Assn $13,500 11

Williams Companies $13,500 7

Harris Corp $13,500 4

Caterpillar Inc $13,500 2

Deere & Co $13,000 9

Amway/Alticor Inc $12,700 4

National Roofing Contractors Assn $12,500 7

DuPont Co $12,500 5

Intl Foodservice Distributors Assn $12,500 4

Monsanto Co $12,250 11

Livingston Group $12,250 5

Halliburton Co $12,000 9

Goodrich Corp $12,000 4

Allstate Insurance $11,750 3

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3M Co $10,750 4

US Chamber of Commerce $10,548 13

ConAgra Foods $10,500 4

National Assn of Manufacturers $10,100 4

Petroleum Marketers Assn $10,000 4

Associated Equipment Distributors $10,000 3

St Jude Medical $10,000 2

Walgreen Co $9,750 3

HealthSouth Corp $9,500 4

Mississippi Band of Choctaw Indians $9,000 4

Illinois Tool Works $9,000 4

Brinker International $9,000 4

Assisted Living Fed. of America $9,000 2

Procter & Gamble $8,500 6

PPG Industries $8,500 4

Business Roundtable $8,500 4

American Frozen Food Institute $8,000 9

National Chicken Council $8,000 8

National Retail Federation $8,000 6

Retail Industry Leaders Assn $7,500 7

National Assn of Chain Drug Stores $7,000 4

MeadWestvaco Corp $7,000 4

Dairy Farmers of America $7,000 4

Cummins Inc $7,000 4

Lowe's Companies $6,500 3

Best Buy $6,000 9

Rockwell International $6,000 5

Tenet Healthcare $6,000 4

JC Penney $5,250 4

Manufactured Housing Institute $5,200 5

National Utility Contractors Assn $5,000 6

Tyco Electronics $5,000 5

National Council of Farmer Co-‐Ops $5,000 5

Servicemaster Co $5,000 4

Babcock & Wilcox $5,000 4

CMS Energy $5,000 2

Society of American Florists $4,000 4

Building Owners & Managers Assn $4,000 4

Altec Industries $4,000 4

Emerson $3,500 4

Charter Communications $3,500 4

Assn for Manufacturing Technology $3,500 4

National Funeral Directors Assn $3,500 3

Dunkin' Brands $3,000 7

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American Apparel & Footwear Assn $3,000 6

Nat. Electrical Manufacturers Assn $3,000 5

American Nursery & Landscape Assn $3,000 4

Brick Industry Assn $2,500 5

Providence Health & Services $2,500 2

Texas Instruments $2,000 4 United Services Automobile Assn Group $2,000 4 Cox Enterprises $2,000 4

Rockwell Collins Inc $1,000 5

National Grocers Assn $1,000 4

National School Transportation Assn $1,000 4

Snack Food Assn $1,000 4

United Fresh Produce Assn $1,000 4

Canal Barge Co $1,000 4

Ball Corp $1,000 4

Alcoa Inc $1,000 4 Intl Assn Amusement Parks & Attractions $1,000 2 Convergys Corp $1,000 2

Carpet & Rug Institute $1,000 2

Toyota Motor Corp $750 12

Meredith Corp $500 4

Ingersoll-‐Rand $500 4

Ashley Furniture $500 3

Berkshire Hathaway $500 3

GenCorp Inc $500 3

TOTAL $3,352,775

mcconnell campaign finance report

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