Top GOP Spot on House Commerce May Be Up for Grabs

The three legislators most likely to be the next House Commerce Committee Republican leader have been active on telecom in the Communications Subcommittee. Current Ranking Member Joe Barton, R-Texas, could have to relinquish his post after the November election due to a House GOP caucus rule limiting Republicans to three two-year terms at the top of committees, whether the party is in the majority or minority. Communications Subcommittee Ranking Member Cliff Stearns, R-Fla., wants the job, his spokesman said. Telecom industry lobbyists said Reps. Fred Upton, R-Mich., and John Shimkus, R-Ill., may have a better shot.

"Rep. Stearns would be interested in leading the Republicans on the Energy and Commerce Committee,” said the spokesman. “His previous experience in engineering and running his own business of 120 employees would provide an extra measure of competency for that position."

Barton and his other two possible successors haven’t stated their plans for after the election. Barton “will cross that bridge when he comes to it,” said a spokeswoman. “But right now he’s just working hard to make sure that Democrats have a chance to fill the ranking members’ seats next year with their very best survivors.” An Upton spokesman said, “As a very senior and active member of Energy and Commerce it is of course a goal of Fred’s to be chairman one day.” Right now Upton is focused on retaking the House, “aggressively working to elect Republican candidates from across the county to help put John Boehner in the Speaker’s chair.” A spokesman for Shimkus didn’t comment.

The House Republican Steering Committee has ultimate say on whether Barton stays or goes, because it can waive the term limit to keep committee leaders. The steering committee is dominated by House Minority Leader John Boehner, R-Ohio, who previously fought and defeated Barton for the Republican leadership spot. That dynamic could make it tough for Barton to secure a waiver, though the steering committee hasn’t always agreed with Boehner’s picks, said a telecom industry lobbyist. Barton can’t request a waiver from the steering committee until the following Congress, said a Boehner spokesman.

Lobbyists agreed there’s a good chance Barton will step down, but they disagreed on the circumstances. Barton may be more likely to keep the post if the Republicans take the majority, but otherwise will lose the job, said a telecom industry lobbyist. Another industry official said it’s unlikely Barton would keep his job either way. A third lobbyist said it’s possible Barton could get a temporary waiver with the agreement that he steps down in a year.

Campaigning for Barton’s job is already under way, said multiple lobbyists. It’s not a sure thing that Barton will leave, but if he does Upton seems the most logical pick, said Tom Wacker, NTCA vice president of government affairs. Other lobbyists agreed that Upton appears to be the favorite for the leadership spot, followed by Shimkus and Stearns. But two lobbyists said Stearns is a long shot. Upton is the most senior Republican of the three, and third most senior member on the committee after Texas members Barton and Rep. Ralph Hall, R-Texas. Lobbyists say that Hall, ranking member on the Science Committee, is likely not interested in moving up on Commerce.

Barton and his possible successors all will probably take a hard stance against the FCC and the presidential administration, lobbyists said. Barton, Upton, Shimkus and Stearns are “peas in a pod” when it comes to politics, and all four usually follow Republican leadership on highly charged issues, said a telecom industry lobbyist. No matter what happens, if the Republicans take the House, the commission probably will have difficulty acting on controversial matters in its broadband plan, said multiple lobbyists.

If the Republicans want to take on telecom issues, Upton is the most logical pick, said a telecom industry lobbyist. He was active on the 1996 Telecom Act debate and chaired the Communications Subcommittee from 2000 to 2006. Upton comes from a rural district and has worked with rural telecom companies on telecom issues, said Wacker. Shimkus is also from a rural area and is familiar with rural telco issues, but Upton has shown greater willingness to advocate their issues, Wacker said. Upton and Shimkus both have a deep understanding of media issues, and if the Republicans took the House probably would be aggressive in pursuing them, said a telecom industry official. Shimkus likely would bring more attention to 911 issues, since he is co-chair of the Congressional E911 caucus, said a telecom industry lobbyist.

Communications issues would likely be higher priority for Upton or Shimkus than they have been for Barton, lobbyists said. Barton comes from oil-producing Texas, and tends to be more interested in energy issues, whereas Upton and Shimkus come from the rural midwest, they said. Upton and Shimkus may be more willing to consider revamping the Universal Service Fund than Barton, who has long been skeptical of reform, said Wacker. But Stearns tends to agree with Barton on USF, he said. Privacy legislation may have the best chance of happening with Barton at the top, said a telecom industry lobbyist. Barton has been passionate about the need to protect privacy, while the others’ views are less widely known, the lobbyist said.

Barton has largely deferred to Stearns on telecom matters, noted a telecom industry official. Stearns has had more impact on telecom issues than Barton, because he’s been the main Republican talking to Subcommittee Chairman Rick Boucher, D-Va., about telecom legislation and hearings, the official said.