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WEST: A STUDY IN SPECIAL INTEREST LOBBYING, The Hill, February 22, 1995


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(c) 1995 THE HILL - The Capitol Newspaper  
Washington, D.C.  Vol. 2, No. 8  
Wednesday, February 22, 1995  
Reprinted with Permission  
Reposting Permitted if Reposted in its entirety.  
  
Page 1  
WEST: A STUDY IN SPECIAL INTEREST LOBBYING (Full 3 Column   
Headline)  
  
BY Doug Obey and Albert Eisele  
  
It was an obscure 96-word provision buried deep inside a   
bill to reauthorize the Paperwork Reduction Act of 1980.    
But its seemingly innocuous language, inserted by a   
congressional aide, would have changed the rules of the game   
in the decade-long struggle over who controls access to   
hundreds of millions of dollars worth of information spawned   
by a vast array of government agencies.  
  
Most surprising of all, in a city where taking credit for   
authoring important legislation is an art form, no one was   
willing to claim responsibility for fathering what has   
become a legislative bastard.  But it's clear that two   
former House members who are lobbyists, one of whom is one   
of Newt Gingrich's closest friends, played a leading role in   
persuading the aide to insert the provision in the bill.  
  
By the time the din if the first information industry battle   
of the 104th Congress subsided last week, subsection 3518(f)   
of H.R. 830 had become a textbook example of how Congress   
sometimes operates to serve private interests.  
  
The legislative contretemps in the House Government Reform   
and Oversight Committee was triggered when a special   
interest provision favoring America's largest legal   
publisher was quietly inserted into a popular part of the   
Contract with America at the behest of its corporate   
lobbyists.  
  
Discovered at the last minute, it provoked a firestorm that   
had widespread and varied effects.  They Include  
  
--New committee chairman William Clinger (R-Pa.) lost one of   
the first tests of his leadership, after dramatic and at   
  
Page 12 --Continues from Page 1  
  
"How the West was lost: a Lobbying Saga" (4 Column   
Headline)"  
  
times angry debate that included Republican charges that   
Democrats were practicing "McCarthyism";  
  
--West Publishing Co. of Eagan, Minn., headed by a major   
Democratic contributor and friend of President Clinton, saw   
its virtual monopoly over adding value to the huge   
storehouse of law generated by America's legal system   
threatened by public scrutiny it had brought on itself;  
  
--A battalion of lawyers, lobbyists, and corporate   
retainers, including a former Minnesota congressman who is   
one of Newt Gingrich's closest friends, were given black   
eyes in the media and forced to forgo hundreds of thousands   
of dollars in consulting fees.  
  
--A group of giant companies in the information industry   
nearly succeeded in cementing their effective control of   
information created at public expense by rewriting copyright   
law in a few sentences--something they have been trying to   
do in the courts for years.  
  
--An ad hoc coalition of smaller competitors, consumer   
groups, and information industry trade organizations   
favoring greater access to government data were galvanized   
into action by an electronic Paul Revere, who used the   
Internent to create an E-Mail lobbying juggernaut.  
  
That it was not merely a special interest provision for one   
company was clear--many other comparable large companies   
stood to gain along with West.  They include the Washington   
Post's LEGI-SLATE, which provides some information now   
available on the Library of Congress' THOMAS system, DIALOG,   
Dun and Bradstreet, and LEXIS, who manages the Security and   
Exchange Commission's EDGAR database.  
  
Understandably there are many conflicting accounts of what   
actually happened, but the one point on which everyone   
agrees is that the