June, 15, 1976
Page 18280
UP AMENDMENT NO. 32
Mr. MUSKIE. Mr. President, I send an amendment to the desk and ask that it be stated.
May I say that I am most appreciative of my colleagues, Senator RIBICOFF, Senator METCALF, and Senator PERCY, for giving me this courtesy. I would like to get this amendment into the dialog and, perhaps, add to it — maybe not — but, in any case, put it before the Senate.
The PRESIDING OFFICER. The Senator requires unanimous consent in order to call up the amendment.
Mr. MUSKIE. Mr. President, I ask unanimous consent that the pending amendment be temporarily laid aside and my amendment considered so that it may be reported.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will state the amendment. The legislative clerk proceeded to read the amendment.
Mr. MUSKIE. Mr. President, I ask unanimous consent that further reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 1 of amendment No. 1830 strike lines 4 through page 3 line 5 and insert in lieu thereof:
(2) an organization, other than an organization described in subsection (f) of this section, which engages on its own behalf, or on behalf of its members, in twelve or more oral lobbying communications in any quarterly period, acting through its own paid officers, paid directors, or paid employees. For purposes of determining whether any organization is a lobbyist under this paragraph, there shall be excluded any communication with a Member of Congress, or an individual on the personal staff of such Member, representing the State, or the congressional district within the State, in which such organization has its principal place of business, and, further, there shall be excluded any communication initiated by Congress whereby the organization provides information or opinions to Congress solely at the request of Congress; or
"(f) Any organization that would otherwise be a lobbyist solely as a result of this paragraph of this section shall not be a lobbyist for purposes of this Act if—
(i) the Comptroller General determines that the organization is a controlled local affiliate of a parent voluntary membership organization. The Comptroller General shall not designate any organization a controlled local affiliate if he determines that it is the intent of the parent organization to use such it designation as a means to evade, in whole or in part. the requirements of this Act;
(ii) the paid officers, paid directors, and paid employees of the controlled local affiliate engage in less than 12 in-person oral lobbying communications in the quarter: and
(iii) the parent voluntary membership organization is a lobbyist which includes on its quarterly report all the information on the lobbying activities of the controlled local affiliate described in subsection (g) of this section.
"(g) A parent voluntary membership organization may also provide the following additional information about the lobbying activities of any of its controlled local affiliates described in subsection (f) of section 3 of the Act:
(1) the identity of the affiliate and the approximate number of individuals who are members of that affiliate, and the approximate number of organizations which are members of that affiliate;
(2) a description of each issue in connection with which the lobbyist urged, requested, or required the affiliate to engage in one or more lobbying communications or solicitations; and
(3) a report of any gifts by the affiliate or its officers, directors, or employees, which the affiliate would otherwise be required as a lobbyist to report pursuant to section 7."
"(h) For purposes of subsection (g) controlled local affiliate means a local voluntary membership organization whose lobbying activities and policies are, either by formal agreement, or by practice, subject to the control of a parent voluntary membership organization with whom the affiliate is related through bylaws, charters, or similar agreements. In determining whether an organization is a controlled local affiliate the Comptroller General shall consider, among other factors, whether the parent may control what position the affiliate may take on an issue before Congress, and whether the parent may require the affiliate to engage, or not to engage, in particular lobbying communications or solicitations."
Strike page 3, line 9, of amendment No. 1830 through line 7 on page 6.
Strike line 10 of page 6 of amendment No. 1830 through line 2 of page 8 and insert in lieu thereof :
"honorarium and a description of the gift, loan, or honorarium and its amount or value, except that in the case of a gift described in subsection (d) the recipients need not be named individually, but may be described by appropriate categories."
(b) The requirements of this section shall apply—
(1) to any gift or loan of money, or any honorarium, made during the quarterly period by the lobbyist, by any officer, director, or employee of the lobbyist, or by any legislative agent on behalf of the lobbyist, which exceeds $10 in amount;
(2) to any gift or loan of any goods, services, or any other thing of value made during the quarterly period, by the lobbyist, or by a legislative agent on behalf of the lobbyist, including food, lodging, transportation or entertainment, which exceeds $10 in value;
(3) to any gift or loan of any goods, services, or any other thing of value made during the quarterly period by any officer, director, or employee of the lobbyist or by a legislative agent on behalf of the lobbyist, which exceeds $10 in value and which the officer, director, employee, or legislative agent has taken or will take, in whole or in part, as a deduction under section 162 or 212 of the Internal Revenue Code; where the aggregate value of all the gifts, loans, or honorariums described in paragraphs (1), (2), and (3) made by the lobbyist, or by the officers, directors, employees, or legislative agents of the lobbyist, to any individual Member, officer, or employee of Congress exceeds $50 in amount of value.
(c) The requirements of this section shall also apply to any gift or loan of any goods, services, or any other thing of value, including food, lodging, transportation, or entertainment, made during the quarterly period by an officer, director or employee of the lobbyist, or by a legislative agent on behalf of the lobbyist, which exceeds $100 in value.
"(d) The requirements of this section shall also apply to any reception, dinner, or other similar event paid for, in whole or in part, by the lobbyist for Members, officers, or employees of Congress, regardless of the number of persons invited or in attendance where the total cost of the event exceeds $500;"
(d) This section shall not apply to any loan made on terms and conditions that are no more favorable than available generally, or to any gift or loan to any individual who is an immediate member of the family of the donor or lender, or to any contribution to a candidate as defined in section 431(e) of title 2, United States Code.
Strike line 7 of page 7 of amendment No. 1830 through line 13 of page 9.
Strike line 5 of page 10 of amendment No. 1830 through page 11, line 25.
Mr. JAVITS. Mr. President, I ask unanimous consent that four lines of the lobbying bill be reinserted as part of unprinted amendment No. 32 after line 14. The lines are:
(3) an organization which, in any quarterly period, engages directly or through a legislative agent in any lobbying solicitations where the total direct expenses of such solicitations is $5,000 or more.
The PRESIDING OFFICER. Without objection, it is so ordered.
(This concludes the proceedings which occurred earlier in the day.)
Mr. MUSKIE. Mr. President, I offer this amendment on behalf of myself, Senator JAVITS, Senator BROCK., and Senator CLARK, and I will at this point describe it briefly.
Before I do, may I say I listened with great interest and great respect to the comments of my good friend from Montana, Senator METCALF. I know of his extensive work on this bill in the Committee on Government Operations of which we are both members, and a great deal of the philosophy which he expressed with reference to the objectives and the problems of the disclosure bill I find myself in agreement with.
I think we ought to be careful that in the process of writing the lobbying disclosure law that we do not chill the right of citizens to petition Congress as provided in the Constitution of the United States.
It is not easy to draw that line, and the Senator from Montana has undertaken to refine that line in order to serve both objectives with maximum benefit to the public interest. I want him to understand that I sympathize wholly with his objectives, and I do not suspect his motives at all.
As a matter of fact, I honor them completely, and it may be that the formula I am advocating may also be subject to some questions. But may I describe it.
This amendment, Mr. President, hopefully insures that the local affiliates of a lobbyist which carry out the policy or the wishes of that lobbyist would not be required to register and report as a lobbyist unless they make 12 or more in-person contacts with Congress. Therefore, such a local affiliate will not have to register and report regardless of the extent of its lobbying by letters, telegrams, or telephone.
Incidentally, I hope to give a copy to the Senator, and I will get it shortly.
The amendment applies to all organizations whose lobbying practices are directed by a parent organization which is itself a lobbyist. It will apply to national labor unions and their State and local organizations. It will apply to churches and their State and local organizations. The Comptroller General determines that an affiliate qualifies as a controlled local affiliate under this provision.
The parent organization of the controlled affiliate must provide a minimal amount of information about the activities of its affiliates. This information is limited to: First, a description of the affiliate; second, a description of the issues before Congress on which the parent organization asked the affiliate to lobby; and third, a report on any gifts by the affiliate to Congress where the gifts are large enough to meet the reporting requirements applicable to lobbyists themselves.
The amendment will provide Congress and the public with the essential information about the lobbying activities of a controlled local affiliate. But it does so in a way that avoids placing any reporting burden on the local affiliate itself.
The remainder of the compromise amendment is addressed to a number of questions raised during the consideration of this legislation. These include the following:
A clarification of the definition of an oral lobbying communication so as to minimize the number of oral lobbying contacts that will be allocable to an organization which sends several employees to a single meeting with Congress;
An addition to the reporting requirements applicable to gifts to cover large receptions or similar events given by lobbyists for Congress;
An addition to the definition of "direct expenses" so that an organization need not determine what portion of the cost of its regular newsletters is allocable to lobbying when calculating the amount spent by it on lobbying solicitations.
Now, Mr. President, I think all of us who have been here any length of time at all understand that lobbying is done in two ways: By direct contact here in Washington with Members of Congress; and, second, by directing communications from our constituents to bring pressure or influence upon us indirectly. I myself think that the latter kind of lobbying is the most effective in the long run. It is, after all, our constituents to whom we are answerable and accountable, and when a national organization is able to generate that kind of pressure with local affiliates upon Members of Congress I think that ought to be understood. It ought to be understood that that kind of pressure is lobbying in the same way, with the same impact and perhaps, even greater, than the lobbying which is applied directly to us in Washington.
It is with that in mind that we tried to phrase this amendment to try to meet some of the legitimate questions which the Senator from Montana has raised while, at the same meeting the broad and, hopefully, evenhanded objectives of the bill itself.
At this point I regret I must go to a meeting of the Budget Committee which was called at 10 o'clock to consider the tax bill which is pending and it is a rather important one, and I apologize for that fact. But I understand that my cosponsors and, indeed, Senator RIBICOFF himself, are ready to address themselves to the language of the amendment, and I hope the Senator from Montana would do so as well.
Mr. RIBICOFF. Mr. President, I ask for the yeas and nays on the Muskie amendment and the Metcalf amendment.
The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient second.
The yeas and nays were ordered.
PRIVILEGE OF THE FLOOR
Mr. MUSKIE. Mr. President, I ask unanimous consent that Alvin From of my staff have the privileges of the floor during the consideration and debate on this measure.
The PRESIDING OFFICER. Without objection, it is so ordered.