House Commerce Leadership Set to Shift as Top Democrat Announces Retirement

"The reason for my decision is simple,” Waxman said in a statement. “After 40 years in Congress, it’s time for someone else to have the chance to make his or her mark, ideally someone who is young enough to make the long-term commitment that’s required for real legislative success. I still feel youthful and energetic, but I recognize if I want to experience a life outside of Congress, I need to start soon.” He stressed his departure is not due to “no chance” of Democrats taking the House in the 2014 midterm elections and said he is confident Democrats can do so.

"He’s been just one of the strongest voices for Democrats in recent decades,” Jeff Silva, analyst at Medley Global Advisors, told us. “You don’t easily replace that overnight. ... He is a bulldog. He’s tenacious.”

Among House Commerce Democrats, the senior-most members after Waxman are, in order, Reps. John Dingell, Mich.; Frank Pallone, N.J.; Bobby Rush, Ill.; and Anna Eshoo, Calif. In the House, Waxman is the sixth-most senior member and fifth-most senior Democrat. Minority Leader Nancy Pelosi, D-Calif., praised his record in a statement Thursday, as did President Barack Obama. Waxman, now 74 years old, chaired House Commerce starting in 2009 after wrestling control from Dingell in a hard-fought battle before the Democratic Caucus. He lost the chairmanship in the 2010 midterm elections, when the Republicans won a majority. Chairman Fred Upton, R-Mich., praised Waxman for friendship and helping the committee “find common ground,” with much work still on the table for 2014 (http://1.usa.gov/MlLzn9).

Some industry officials are wondering whether Dingell may make a push to again lead among Democrats, a media lobbyist told us. Dingell, now 87, had chaired the Commerce Committee before Waxman and lost his position in an unexpected Democratic Caucus vote. The lobbyist called the Dingell dynamic especially interesting. There’s also strong speculation about whether Communications Subcommittee ranking member Eshoo may go to Pelosi in an attempt to seize Waxman’s mantle, bypassing Democrats who outrank her on House Commerce such as Pallone and Rush. Those Democrats are not in Pelosi’s inner circle the way Eshoo is, the lobbyist remarked.

Dingell hasn’t ruled out the possibility. “I've been Chairman and Ranking Member of this committee before, and I've done both jobs well,” Dingell told us in a statement, offered through a spokesman. “But I just learned of Henry’s retirement as I landed at the airport back in Michigan, so I'm going to take a deep breath and look at everything, and from there I'll speak with my colleagues when I return to Washington. I'll make the best decision I can on behalf of the people I'm so blessed to represent in Michigan’s 12th District.”

Spokespeople for Pallone, Eshoo, Rush and Pelosi all declined to weigh in on the question of committee leadership. Eshoo praised Waxman in a statement, saying he “authored some of the most consequential legislation for our country.” Dingell issued a public statement calling Waxman “a fine member of this institution.” Pallone lauded Waxman at length. A Republican communications industry lobbyist told us he’s heard Dingell, Pallone and Rush are interested in the position.

Silva has reviewed committee Democrats and “doesn’t see another Democrat with the skill set or presence” that Waxman and Dingell have had, identifying “a void” now in the pending wake of Waxman. “He has been as active as any minority lawmaker on that committee.” It’s a loss for Pelosi and the Democratic Caucus overall, Silva added: “That loss is the Republicans’ gain.”

But Eshoo may have “a real opportunity,” more than any other House Commerce Democrat, Silva said. “I see more potential for her to step up and take an even greater role, especially in telecom and tech issues among Democrats.” Eshoo lacks “the personality or makeup of a Henry Waxman or a John Dingell” but is clearly smart and engaged in the issues, Silva said. She’s worth watching for those reasons even if she doesn’t assume the committee’s top Democrat slot, he said. Of Dingell perhaps stepping forward, Silva observed people should “never count him out. It would be his to lose. He’s still sharp as a tack.” He doubted Waxman’s retirement would dramatically shift the balance in any Communications Act update process, which he believes will take years if it happens, but Waxman had “a presence so huge that you have to assume the loss of it means something.”

"It'll be a big loss because he really well understood the fundamentals of the telecommunications industry,” Computer & Communications Industry Association Vice President-Government Relations Cathy Sloan told us, pointing to such issues as the role of interconnection and competition.

Waxman’s release hailed his “leading role in the enactment" of major telecom legislation, and he released a report outlining accomplishments. Waxman touted his role in crafting the spectrum provisions of the Middle Class Tax Relief and Job Creation Act, signed into law in February 2012, as well as his efforts in enacting the Twenty-First Century Communications and Video Accessibility Act of 2010.

It’s likely Waxman’s influence over the committee’s Democrats will diminish in the coming months before his retirement and that it will be harder to hold members in line, the media lobbyist said. Upton and Waxman have had a positive relationship, but Republicans may think this news makes their lives easier, the lobbyist added. FCC acting Wireless Bureau Chief Roger Sherman had previously, up until November, served as chief Democratic counsel for House Commerce, the lobbyist observed. FCC officials may have seen Waxman’s presence on House Commerce as a boon given his past relationship with Sherman, a key FCC link, the lobbyist said.

"Henry Waxman always takes on the big fights and wins,” said Sen. Ed Markey, D-Mass., in a statement (http://1.usa.gov/1baDibU), calling him “a legendary leader and a public policy powerhouse who will go down in history as one of the greatest legislators in the history of the United States Congress.” Markey was a member of House Commerce alongside Waxman before Markey won his Senate seat last year.

Waxman “has been a tireless advocate for consumers, competition and progress in US telecommunications policy,” Jonathan Adelstein, CEO of PCIA-the Wireless Infrastructure Association, said in a statement, congratulating Waxman on his service. Sprint called Waxman’s leadership “dynamic” and called him “a tireless forward thinker and problem solver,” according to a statement it issued. “Sprint is grateful for his years of dedicated service and appreciates his commitment towards fighting for fair competition and consumer choice.” NCTA CEO Michael Powell called Waxman “a force for change during his tenure in Congress” and said he has been “at the center of many important technology and telecommunications issues, and has worked tirelessly to promote the development of a healthy communications and media marketplace that benefits consumers.” Comptel is “grateful” to Waxman for consumer and competition advocacy, CEO Chip Pickering said.