[Congressional Record Volume 141, Number 3 (Friday, January 6, 1995)]
[Senate]
[Pages S566-S567]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


              THE CONGRESSIONAL ACCOUNTABILITY ACT OF 1995

                                 ______


                       WELLSTONE AMENDMENT NO. 5

  Mr. WELLSTONE proposed an amendment to the bill (S. 2) to make 
certain laws applicable to the legislative branch of the Federal 
Government; as follows:

       At the appropriate place, insert the following:

     SEC. ____. PROHIBITION OF CERTAIN CONTRIBUTIONS BY LOBBYISTS.

       Section 315 of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441a) is amended by adding at the end the following 
     new subsection:
       ``(i)(1) A lobbyist, or a political committee controlled by 
     a lobbyist, shall not make contributions to, or solicit 
     contributions for or on behalf of--
       ``(A) any member of Congress with whom the lobbyist has, 
     during the preceding 12 months, made a lobbying contact; or
       ``(B) any authorized committee of the President of the 
     United States if, during the preceding 12 months, the 
     lobbyist has made a lobbying contact with a covered executive 
     branch official.
       ``(2) A lobbyist who, or a lobbyist whose political 
     committee, has made any contribution to, or solicited 
     contributions for or on behalf of, any member of Congress or 
     candidate for Congress (or any authorized committee of the 
     President) shall not, during the 12 months following such 
     contribution or solicitation, make a lobbying contact with 
     such member or candidate who becomes a member of Congress (or 
     a covered executive branch official).
       ``(3) If a lobbyist advises or otherwise suggests to a 
     client of the lobbyist (including a client that is the 
     lobbyist's regular employer), or to a political committee 
     that is funded or administered by such a client, that the 
     client or political committee should make a contribution to 
     or solicit a contribution for or on behalf of--
       ``(A) a member of Congress or candidate for Congress, the 
     making or soliciting of such a contribution is prohibited if 
     the lobbyist has made a lobbying contact with the member of 
     Congress within the preceding 12 months; or
       ``(B) an authorized committee of the President, the making 
     or soliciting of such a contribution shall be unlawful if the 
     lobbyist has made a lobbying contact with a covered executive 
     branch official within the preceding 12 months.
       ``(4) For purposes of this subsection--
       ``(A) the term `covered executive branch official' means 
     the President, Vice-President, any officer or employee of the 
     executive office of the President other than a clerical or 
     secretarial employee, any officer or employee serving in an 
     Executive Level I, II, III, IV, or V position as designated 
     in statute or Executive order, any officer or employee 
     serving in a senior executive service position (as defined in 
     section 3232(a)(2) of title 5, United States Code), any 
     member of the uniformed services whose pay grade is at or in 
     excess of 0-7 under section 201 of title 37, United States 
     Code, and any officer or employee serving in a position of 
     confidential or policy-determining character under schedule C 
     of the excepted service pursuant to regulations implementing 
     section 2103 of title 5, United States Code;
       ``(B) the term `lobbyist' means a person required to 
     register under section 308 of the Federal Regulation of 
     Lobbying Act (2 U.S.C. 267) or the Foreign Agents 
     Registration Act of 1938 (22 U.S.C. 611 et seq.) or any 
     successor Federal law requiring a person who is a lobbyist or 
     foreign agent to register or a person to report its lobbying 
     activities; and
       ``(C) the term `lobbying contact'--
       ``(i) means an oral or written communication with or 
     appearance before a member of Congress or covered executive 
     branch official made by a lobbyist representing an interest 
     of another person with regard to--
       ``(I) the formulation, modification, or adoption of Federal 
     legislation (including a legislative proposal);
       ``(II) the formulation, modification, or adoption of a 
     Federal rule, regulation, Executive order, or any other 
     program, policy or position of the United States Government; 
     or
       ``(III) the administration or execution of a Federal 
     program or policy (including the negotiation, award, or 
     administration of a Federal contract, grant, loan, permit, or 
     license); but
       ``(ii) does not include a communication that is--
       ``(I) made by a public official acting in an official 
     capacity;
       ``(II) made by a representative of a media organization who 
     is primarily engaged in gathering and disseminating news and 
     information to the public;
       ``(III) made in a speech, article, publication, or other 
     material that is widely distributed to the public or through 
     the media;
       ``(IV) a request for an appointment, a request for the 
     status of a Federal action, or another similar ministerial 
     contact, if there is no attempt to influence a member of 
     Congress or covered executive branch official at the time of 
     the contact;
       ``(V) made in the course of participation in an advisory 
     committee subject to the Federal Advisory Committee Act (5 
     U.S.C. App.);
       ``(VI) testimony given before a committee, subcommittee, or 
     office of Congress a Federal agency, or submitted for 
     inclusion in the public record of a hearing conducted by the 
     committee, subcommittee, or office;
       ``(VII) information provided in writing in response to a 
     specific written request from a member of Congress or covered 
     executive branch official;
       ``(VIII) required by subpoena, civil investigative demand, 
     or otherwise compelled by statute, regulation, or other 
     action of Congress or a Federal agency;
       ``(IX) made to an agency official with regard to a judicial 
     proceeding, criminal or civil law enforcement inquiry, 
     investigation, or proceeding, or filing required by law;
       ``(X) made in compliance with written agency procedures 
     regarding an adjudication conducted by the agency under 
     section 554 of title 5, United States Code, or substantially 
     similar provisions;
       ``(XI) a written comment filed in a public docket and other 
     communication that is made on the record in a public 
     proceeding;
       ``(XII) a formal petition for agency action, made in 
     writing pursuant to established agency procedures; or
       ``(XIII) made on behalf of a person with regard to the 
     person's benefits, employment, other personal matters 
     involving only that person, or disclosures pursuant to a 
     whistleblower statute.
       ``(5) For purposes of this subsection, a lobbyist shall be 
     considered to make a lobbying contact or communication with a 
     member of Congress if the lobbyist makes a lobbying contact 
     or communication with--
       ``(i) the member of Congress;
       ``(ii) any person employed in the office of the member of 
     Congress; or
       ``(iii) any person employed by a committee, joint 
     committee, or leadership office who, to the knowledge of the 
     lobbyist, was employed at the request of or is employed at 
     the pleasure of, reports primarily to, represents, or acts as 
     the agent of the member of Congress.''.

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                   EXON (AND OTHERS) AMENDMENT NO. 6

  Mr. EXON (for himself, Mr. Bryan, Mr. Harkin, Mr. Daschle, and Mr. 
Kohl) proposed an amendment to the bill S. 2, supra; as follows:

       At the appropriate place in the bill, insert the following:

     SEC.   .--CONGRESSIONAL ENFORCEMENT OF A BALANCED BUDGET.

       (a) Purpose.--The Congress declares it essential that the 
     Congress--
       (1) adopt in the first session of the 104th Congress a 
     joint resolution proposing an amendment to the Constitution 
     requiring a balanced Federal budget;
       (2) set forth with specificity in the first session of the 
     104th Congress the policies that achieving such a balanced 
     Federal budget would require; and
       (3) enforce through the congressional budget process the 
     requirement to achieve a balanced Federal budget.
       (b) Point of Order Against Budget Resolutions That Fail To 
     Set Forth a Glide Path to a Balanced Budget.--Section 301 of 
     the Congressional Budget Act of 1974 is amended by inserting 
     at the end thereof the following new subsection:
       ``(j) Congressional Enforcement of a Balanced Budget.--It 
     shall not be in order to consider any concurrent resolution 
     on the budget (or amendment, motion, or conference report 
     thereon) that--
       ``(A) fails to set forth appropriate levels for all items 
     described in subsection (a)(1) through (7) for all fiscal 
     years through 2002;
       ``(B) sets forth a level of outlays for fiscal year 2002 or 
     any subsequent fiscal year that exceeds the level of revenues 
     for that fiscal year; or
       ``(C) relies on the assumption of either--
       ``(i) reductions in direct spending, or
       ``(ii) increases in revenues, without including specific 
     reconciliation instructions under section 310 to carry out 
     those assumptions.''.
       (c) Requirement for 60 Votes To Waive Or Appeal in the 
     Senate.--Section 904 of the Congressional Budget Act of 1974 
     is amended by inserting ``301(j),'' after ``301(i),'' in both 
     places that it appears.
       (d) Suspension in the Event of War or Congressionally 
     Declared Low Growth.--Section 258(b)(2) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 is amended 
     by inserting ``301(j),'' after ``sections''.

                                 ______


                   SIMON (AND OTHERS) AMENDMENT NO. 7

  Mr. SIMON (for himself, Mr. Harkin, Ms. Moseley-Braun, Mr. 
Feingold, Mr. Kennedy, and Mr. Glenn) proposed an amendment to the bill 
S. 2, supra; as follows:

  At the end of the bill, insert the following:

     SEC.  . SENSE OF THE SENATE.

       (a) Findings.--The Congress finds that--
       [[Page S567]] (1) Bridgestone/Firestone, a subsidiary of 
     foreign owned Bridgestone Corp., has recently announced its 
     decision to hire permanent replacement workers displacing 
     more than 2,000 American workers;
       (2) this action may result in the largest permanent 
     displacement of workers in over a decade;
       (3) the practice of hiring permanent replacement workers is 
     devastating, not only to the replaced workers, but also to 
     their families and communities;
       (4) the position of management of foreign owned 
     Bridgestone/Firestone appears to be that they cannot compete 
     with their American owned competitor, Goodyear, if they 
     provide wages, benefits, and conditions of employment 
     benefits patterned after those provided by Goodyear;
       (5) hiring permanent replacement workers is illegal under 
     the laws of the parent company's own country; and
       (6) most of the United States' major trading partners, 
     including, Japan, Germany, France, and Canada recognize that 
     using permanent replacements is bad business and bad public 
     policy.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) Bridgestone/Firestone should reconsider its decision to 
     hire permanent replacement workers and return to the 
     bargaining table and bargain in good faith with the United 
     Rubberworkers of America, the representative of their 
     employees; and
       (2) the Clinton Administration, working through the 
     appropriate diplomatic channels and using the appropriate 
     trade negotiations, should impress upon the parent company's 
     home government the concern of the United States over this 
     matter and seek their assistance in getting Bridgestone/
     Firestone to reconsider their decision.
     

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