==================================================== ################ ############# ################ ## # ## ############# ## ### # ### ### # # # ## # ### ### ## # # # # # # # # ## # # # # ## ## # ## # # # ## ## ## # # ### # ## # # # # # # # ## # ## # # # # ## ### ### ### ### # # # ## # ### # ==================================================== 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. 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