To: Archaeology & Historic Preservation Community
From: Loretta Neumann
 
        URGENT - HOUSE TO VOTE ON LOBBY RESTRICTIONS
                IN "CONTINUING RESOLUTION" BILL
 
        I just received a message Representative Skagg's office about the Senate
Version of the Istook Amendment.  Very disturbing.  If you read this TODAY
(Nov. 10)  and are near a phone, you should call your representative and urge
him or her to vote against the Continuing Resolution unless this provision is
stricken from the bill.  All Members of Congress can be reached through the
Capitol Switchboard, (202) 224-3121.
 
        The "Continuing Resolution" provides for the continuation of funding for the
government, pending the passage of individual appropriations bills.  The
Senate passed its version yesterday, and it contains a number of
restrictions on lobbying that are even worse than the House-passed  version
with its infamous "Istook amendment."
 
        Unlike the House version,  the Senate bill would restrict not just nonprofit
organizations but also state and local governments, universities and colleges
and private businesses.  The Senate provisions apply to  "any organization"
that receives at least $125,000 in any year of "any Federal funds" (with the
same exceptions as in the House, such as entitlement payments, student loans,
etc.)
 
        Regulated organizations, including state and local governments, are
restricted in what they can spend on "lobbying activities."  The phrase does
NOT include communications by elected officials, appointed officials and
employees of state and local governments, but DOES INCLUDE communications by
"independent contractors" working for state and local governments.  This
presumably would include, for example, state historic preservation offices
that are part of a historical commission that works for the state under a
contract.
 
        The lobbying activities that would be restricted include applications for
government licenses and permits, and the research needed to support them.
For a start-up company needing initial licensing or approval by the
government to commence operations, this could be an insurmountable obstacle
to its startup.
 
        The definition of "lobbying" covers executive branch as well as legislative,
and includes research and other background work as well as actual contacts
and coordination with the lobbying activities of others
 
        The bill also requires a national political data base, and information about
grant applications would be made public. The provisions would take effect
Jan. 1, 1996.
 
        The House is  voting on the bill this afternoon; the continuing resolution
runs out on Monday, November 13.  The President has indicated he will veto
the bill if it contains the Istook amendment; presumably he will veto this
new version of it.
 
        I will update this message as soon as we know more.  In the meantime, you
may want to exercise what's left of your first amendment right to petition
your government and call your Representative right away.  Also call the White
House and urge the President to veto the Continuing Resolution if the
anti-lobbying provisions are in it. Phone: (202) 456-1111.
 
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