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Free Speech Media, LLC
July 27, 1995
Number 10
5 pages
====================================================
Compiled, written, and edited by Coralee Whitcomb
Please direct comments and inquiries to cwhitcom@bentley.edu
====================================================
The Telecom Post is posted to several distribution lists and is also available
from the CPSR listserv. To subscribe, send to LISTSERV@CPSR.ORG with the
message SUBSCRIBE TELECOM-POST YOUR NAME.
The Telecom Post will be published weekly while the U.S. Congress works on
a comprehensive overhaul of the U.S information delivery systems.
=====================================================
TOPICS
1. The Roller Coaster Ride of Regulatory Reform
2. H.R. 1555 - The Battle Lines are Drawn
3. Istook Amendment - a Gag Order on Nonprofits
4. Appropriations
REGULATORY REFORM
S.343, The Comprehensive Regulatory Reform Act has become a
political football. Bill sponsor and presidential hopeful Dole,
has filed and lost 3 cloture votes (setting limits on the time
allowed for debate). He is under a great deal of pressure from
industry to get a bill passed quickly and with a month-long
recess coming up next week, wants to fit this feather into his
cap to use on the campaign trail after vacation.
The Citizens for Sensible Safeguards have been diligent about
keeping the online world informed on a daily basis as to the
progress on this bill. Their position is that it is a totally
unsalvageable bill. Regardless of what compromises are struck,
this bill should go down to defeat. Given the political
reality, however, a second objective is to keep as many Senators
opposed to the bill as possible which would later give the
President stronger grounds for a veto. Should the bill pass the
Senate, it is likely to become even more despicable after the
House/Senate conference to reconcile the two bills.
S. 343 requires that all regulations, existing and new, undergo
extensive cost/benefit analysis before they are enacted. All
alternatives are to be weighed. The chosen option is subject to
litigation over whether it was the optimal choice. Within 3
years every major rule (those with an economic impact of over
$50m) must be reviewed and if the review is not successfully
completed in the 3 year period, the process is begun to repeal
the rule. The overload this will certainly cause on the agency
will result in many good rules evaporating. "Sweetheart Deals"
that waive protections and substitute "alternative" compliance
measures are shielded from judicial review. The votes on this
bill are very close. It appears Dole is trying to attract the 2
or 3 Democratic votes he needs by developing individual
amendments. The Democrats sent the Republicans a letter
indicating that they intend to look at the bill as a whole
rather than it parts but identifies five major issues that, if
changed, would make the bill acceptable. The fence-sitting
Democrats are Conrad, Robb, Rockefeller, Baucus, Mikulski,
Pryor, Feinstein, Graham and Jeffords.
HR 994, The Regulatory Sunset and Review Act of 1995 has come
out of committee with a vote of 39-7. This bill would cause
agencies to review all major rules every seven years for
existing rules and every 3 for new rules. If the review is not
done in time the rule is unenforceable.
HR1555 - READYING FOR BATTLE
When we last visited HR1555, the Bells were lobbying Commerce
Committee Chairman Bliley (R-VA) hard to get rid of the
checklist language requiring "facilities-based" competition
exist in the Bell market that is comparable in price, quality
and scope to the Bell's before it is allowed into the long
distance market. Bill sponsor, Jack Fields (R-TX) has been
working to rid the bill of this language. All eyes have been on
Speaker Gringrich to see where he would throw his support.
In the opposite corner sits the long distance industry. Should
the changes to that language take place, they have vowed to do
everything in their power to kill the bill. Consumer activists
can be found in this corner as well.
Bliley did a good job of standing firm under pressure for some
time, however, this week it looks like he gave in to the
"back-door dealmaking" process that is becoming de rigueur in
this Congress. He reported to the long distance industry and
their lobbying arm, the Competitive Long Distance Coalition
(CLDC) that he "had no choice" in the matter. He found himself
in this predicament once the Speaker stepped in to insist on
less regulation, more simplicity, and swift progress to the
floor. Though this bill was born in a bi-partisan climate, this
move may well trigger exactly the battle the House was
desperately trying to avoid. Though the actual language has not
appeared, Fields claims that it will represent the spirit of
"facilities-based" language but will allow the Bells an earlier
entry into long distance. It is conceivable that the report
with the new language will not surface until shortly before - or
just after - the bill comes to the floor. Therefore the bill
remains behind closed doors and there's no telling what might
emerge. Could be that Bliley has the last word after all.
Look for a mass media blitz this week as the long distance
industry pulls out the stops to defeat the bill. Numerous
groups have filed letters of protest with Gingrich. Rep. Fields
has already issued them a warning "No one, not even AT&T and the
rest of the long distance industry, can kill this bill. I would
consider any group that tries to slow the legislative process to
be anti-consumer. I would also advise any segment that may be
thinking about trying to slow the process of the danger of
creating enemies that will end up being on the conference
committee" (when the House and Senate bills are reconciled).
Stay tuned - the word is they intend to get to this before the
August 4 recess.
Lost in the shuffle is Judiciary Chairman Hyde's (R-IL) bill,
HR1528, that would secure a place at the checklist table for the
Department of Justice to weigh in on the proper time to allow
Bell entry into long distance. The bill has been filed though
the final language is not settled.
The Administration seems to be making an attempt to slow down
the process by prolonging debate on the appropriations bills
currently on the floor. If the bill waits until the tail end of
the appropriations stream, it may not come up before the recess.
However, a "closed rule" provision which would place strict
time limits on floor debate and restrictions on the number of
amendments allowed could manage to wedge the bill into the
schedule before the appropriations bills are completed. Should
the bill get delayed till September, it will face a much more
contentious and partisan Congress than it would now.
Presidential campaigns will be kicking off shortly and
grandstanding will be the name of the game.
THE LABOR, HEALTH AND HUMAN SERVICE, AND EDUCATION
APPROPRIATIONS BILL
Nonprofit Gag Rule
The House Appropriations Committee has included an amendment to
the Labor, Health and Human Service, and Education
Appropriations bill sponsored by Rep. Ernest Istook (R-OK),
David McIntosh (R-IN), and Robert Ehrlich (R-MD) known as the
Nonprofit Gag Rule. This amendment would deny federal funds to
nonprofits which advocate above a specified threshold. This
threshold is a complex formula of direct and indirect costs,
number of years of advocacy, and associations with others who
advocate. It would force nonprofits to choose between providing
community services and speaking out on public policy matters.
Nonprofits are already prohibited from using federal funds to
lobby and this has successfully accomplished the spirit of what
Nonprofit Gag Rule attempts to do.
Rep. David Skaggs (D-CO), in opposition to the requirements of
the bill, uses an hypothetical example of a college professor
with an NSF research grant.
Under the bill's restrictions, the professor could
have spent no more than 5% of his own income on
political activity for the previous five years. Heaven
only knows how he would be supposed to deal with the
political expenditures of his independently wealthy and
activist wife, assuming they file a joint return.
Meanwhile, he would have to have his entire research team
and all the lab equipment and supply firms complete a
questionnaire and account for their political activity.
If any of them had spent over 15% of her/his income on
political advocacy that year, (s)he's off the team
He concludes, "I'm embarrassed to have to be associated with
such a sorry idea as this part of this bill even long enough to
argue and vote against it. However else this bill may be
improved, if these provisions are retained the bill should not
become law."
Rep. Istook introduced a second amendment, the Campus Gag Rule,
that would have denied federal funds to colleges and
universities that fund student groups working in lobbying,
public policy or political campaigns. That amendment was
defeated 17-32 but may reappear when introduced to the floor.
This bill is also scheduled for floor debate next week. For
questions on how to help contact Patrick Lester
(lesterp@rtk.net) or call OMB Watch, Independent Sector, or the
Allliance for Justice at 202-332-3224.
Corporation for Public Broadcasting
CPB appears to be receiving $240m for fiscal year 1998 rather
than the 0 many feared. However, the subcommittee's
recommendation would also make all appropriations contingent on
each organization being officially authorized. In other words,
since CPB is not currently authorized by Congress past fiscal
year 1997, the 1998 appropriations would not be disbursed.
A single sentence might eliminate the requirement of CPB to fund
an independent production organization. That organization, to
date, has been the Independent Television Service (ITVS). ITVS
is concerned that this sends a negative message as to the
importance of independent and diverse programming.
APPROPRIATIONS
The results of the Senate & House Appropriations Committees are
as follows:
Bad News:
Office of Technology Assessment - terminated. An amendment for
reorganization by Sen. Hollings (D-SC) was voted down, 11-13.
(Senate)
Americorps is a eliminated. (House)
The Environmental Protection Agency is cut by 1/3 (House)
Dept. of Housing and Urban Development down 23% (House)
Good News:
Government Printing Office is reduced but not eliminated.
(Senate)
The Library of Congress survives as does the Depository Library
Program.(Senate)
The Congressional Record, copies of bills, reports, and other
documents will continue to go to constituents. The importance of
government information and its dissemination to its citizens was
reaffirmed
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