ALAWON v4n73 (August 3, 1995)
URL = http://hegel.lib.ncsu.edu/stacks/serials/alawon/alawon-v4n73

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                                                                  ISSN 1069-7799
                                     ALAWON
                         ALA Washington Office Newsline
                        An electronic publication of the
                 American Library Association Washington Office

                              Volume 4, Number 73
                                 August 3, 1995

   In this issue: (169 lines)
     HOUSE BEGINS DEBATE ON TELECOM. BILL, H.R. 1555
     RESTRICTIONS ON NONPROFIT LOBBYING PENDING

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                 HOUSE BEGINS DEBATE ON TELCOM. BILL, H.R. 1555

The House has now passed rules for floor debate on H.R. 1555, the
Communications Act of 1995 and is, at this writing, proceeding with debate
of the bill.  Only a handful of amendments were allowed by the Rules
Committee in their deliberations on the rules earlier this week.  Initial
reports from the Rules Committee indicates that the issues addressed by the
limited number of allowed amendments include the Cox-Wyden bill on
"computer obscenity", TV market penetration,  V-chip vs. c-chip
technologies, cable regulation, and franchise fees.  There is nothing that
strengthens the weak education-related section on universal service.

The Rules Committee refused to allow the Morella-Orton-Ney-Lofgren
amendment to be put forward.  The "MONL" amendment would have added
"affordable" and "users of public libraries" to the pertinent section on
universal service.  (See ALAWON, Vol. 4, No. 72 for previous reports.)

Last week, the Commerce Committee reported out H.R. 1555; the report
language did not contain any favorable comments regarding educational and
library access to advanced telecommunications even though many education
and library advocates had sought to get such language inserted.  Though
there has been growing support for the "Morella-Orton-Ney" amendment as
demonstrated by the additional cosponsorship by Rep. Zone Lofgren (D-CA),
the Rules Committee would not consider the MONL proposal.

The effort by advocates to seek at least sympathetic report language, or
more importantly, an amendment that would strengthen the bill, has been
part of the education coalitions strategy to be in a better position to
support the Snowe-Rockefeller-Kerrey-Exon amendment that is in the Senate
version, S. 652.

In the course of his remarks, Rep. Thomas Bliley (R-VA), chair of the
Commerce Committee, reported that he had spoken with Rep. Constance Morella
(R-MD) and assured her that during the conference committee proceedings on
S. 652 and H.R. 1555, he would seek to see the Senate language prevail.  He
will very likely be a member of the conference committee.

It is now expected that the House will "debate" H.R. 1555 through the night
and have a vote sometime during the day on August 3.  There will be a more
indepth analysis of the House proceedings as soon as it is officially
reported.  The House is expected to go into recess on or about this Friday,
August 4, hence, their stated reasons for moving "quickly" on this
legislation.

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                   RESTRICTIONS ON NONPROFIT LOBBYING PENDING

Congress is considering restrictions on lobbying that would affect the
advocacy activities of library associations, friends of libraries groups,
and nonprofit organizations.   The following is a partial list:

     * Curtailing lobbying by federal grantees

The Labor, Health and Human Services, and Education Appropriations Bill for
FY96, H.R. 2127 (H. Rept. 104-209), contains a provision sponsored by
Representatives Ernest Jim Istook (R-OK), David McIntosh (R-IN), Robert
Ehrlich (R-MD), Frank Riggs (R-CA), and Jon Fox (R-PA) to prohibit the use
of federal funds for political advocacy.  H.R. 2127 is scheduled for House
floor action on August 2.

The proposal's sponsors say this legislation is needed to stop the use of
taxpayer money for lobbying, calling it one of Washington's "dirty little
secrets."  Opponents of the "gag order" believe the real impact of this
proposal can be found in its sharp new limits on how much a nonprofit can
spend of its own, privately raised money on advocacy activities.  If an
organization engages in too much advocacy (as determined by a formula), it
will be barred from receiving federal grants.  Further, all federal
grantees would be required to describe their privately funded advocacy
activities and how much money they spend on such activities.  This
information would be publicly posted on the Internet by the government.

Opponents of the Istook proposal say if nonprofit lobbying with taxpayer
funds were a problem, and there is no evidence that it is, the real answer
would be enforcing existing law, not adopting new laws with accompanying
red tape.  In general, the use of federal funds for lobbying is already
prohibited.  Further, nonprofits are already prohibited from engaging in
partisan politics, and the amount of money nonprofits can use for lobbying
is already restricted.

Despite a clause that says it does not abridge First Amendment rights, the
proposal would expand the scope of prohibited activity beyond lobbying to
"political advocacy," and add additional conditions and requirements.  It
would have a chilling impact on the democratic process as well as the
rights of individuals and organizations to participate in public policy
debates.

Joining 400 organizations, ALA has signed a position statement on advocacy
by nonprofit organizations developed by Independent Sector, a coalition of
nonprofits to which ALA belongs.  The statement has been widely distributed
on Capitol Hill.

     * S. 722, USA Tax Act of 1995

Senators Pete Domenici (R-NM), Sam Nunn (D-GA) and Robert Kerrey (D-NE)
introduced S. 722, USA Tax Act of 1995 on April 25, 1995 (see Congressional
Record, pp. S5664-74.  Under this legislation "an organization shall not be
eligible for exemption as an educational organization under section
501(c)(3) if a substantial amount of its activities and funds are devoted
to -- conducting research to educate Congress or the general public about
public policy issues."  Under current law, nonpartisan study, analysis, and
research to educate Congress or the general public are not considered
lobbying.  Enactment of this provision would constitute a significant
change in the lobbying latitude of 501(c)(3) organizations.

     * Senate Passes Lobbying Reform Bill

By a unanimous vote on July 25, the Senate passed S. 1060, the Lobbying
Disclosure Act of 1995 (see Congressional Record, pp. S10594-03).  The
legislation would tighten lobbying registration rules and require most
lobbyists to disclose basic information about their clients, contacts and
income.  Senate supporters said they hoped the unanimous Senate vote would
increase pressure for House action.  According to press reports, a
spokesman for House Majority Leader Richard Armey (R-TX) said he did think
House action is likely this year on the lobbying proposal.

The Senate bill extends disclosure requirements to lobbyists who try to
influence executive branch officials, including those in regulatory
agencies, on behalf of their clients.  The legislation would require
lobbyists, defined as those who earn at least $5,000 over six months in
lobbying Congress or executive branch officials, to register with Congress
and disclose whom they represent, what they are lobbying for, whom they
lobby and how much they are paid.  Violators would be subject to fines of
up to $50,000.  As they tried to gather support for the bill, its sponsors
dropped all references to "grass-roots" lobbying, an issue that contributed
to the failure of a similar bill in the last Congress.

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