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WEST: A STUDY IN SPECIAL INTEREST LOBBYING, The Hill, February 22, 1995
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"Back to HyperLaw in the News
Page"
(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