[Congressional Record Volume 143, Number 65 (Friday, May 16, 1997)]
[Senate]
[Pages S4658-S4660]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS OF INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. GRASSLEY (for himself and Mr. Breaux):
  S. 757. A bill to amend the Employee Retirement Savings Act of 1974 
to promote retirement income savings through the establishment of an 
outreach program in the Department of Labor and periodic national 
summits on retirement savings; to the Committee on Labor and Human 
Resources.


       the savings are vital to everyone's retirement act of 1997

  Mr. GRASSLEY. Mr. President, today I am pleased to introduce 
legislation to address a problem of critical importance to this 
country: The dismal level of individual retirement savings. This 
measure would encourage retirement savings by initiating an education 
project and creating a national summit on retirement savings.
  Before I go any further let me read you some statistics:
  Our national net savings fell from 7.1 to 1.8 percent from the 1970's 
to the 1990's. On an individual level, this means that individuals may 
not be able to retire when they desire with the lifestyle that they 
desire.
  In a 1994 survey by the Employee Benefits Research Institute [EBRI]: 
14 percent of workers who were saving for their retirement did not know 
much they had saved, and 13 percent saved less than $1,000.
  In another survey by Merrill Lynch of workers in their forties and 
early fifties, savings levels had dropped by 6 percent from 1988 to 
1994.
  According to the 1996 Retirement Confidence Survey released earlier 
this year by the EBRI: Only one-third of American workers have 
calculated how much money they will need to have saved by retirement in 
order to live comfortably; of the workers that have tried to determine 
how much money they should be saving, only one-third felt very 
confident that they had determined an accurate figure; when asked how 
much they calculated that they would need to save, 42 percent could not 
give an amount; and less than 20 percent had a specific number with 
which to work.

  So, the problem is twofold: There is a lack of adequate retirement 
savings, and Americans workers do not understand the importance of 
determining how much money they should be saving in order to retire 
comfortably. The Special Committee on Aging, which I chair, held its 
first hearing on meeting the challenges of the retiring baby boom 
generation. At that hearing, witness after witness stressed the need to 
start a national public education campaign. This downward trend in 
savings couldn't be happending at a worse time, given the retirement of 
the first wave of baby boomers is in just over 10 years. When baby 
boomers retire we will be unable to sustain, as presently structured, 
the programs on which the elderly rely for their health and income 
security. Educating the public about the necessity to save for their 
retirement is vital. That is why I am introducing the Savings Are Vital 
to Everyone's Retirement, or SAVER, Act of 1997.
  The SAVER Act would direct the Department of Labor to maintain an 
ongoing retirement savings education program. This program would 
include public service announcements, public meetings, the creation and 
dissemination of educational materials, and establish a site on the 
Internet. This project will give the American people the information 
they need, in terms they can understand, to develop retirement savings 
goals and a plan to achieve those goals. The information will include 
the tools necessary for individuals to cacluate how much an individual 
will need to save. Just a important, this educational effort will also 
focus on how employers can establish different retirement savings 
arrangements for their employees.
  My legislation will also convene a national summit on retirement 
savings. The summit will bring together in one forum experts in the 
field of employee benefits and retirement savings, leaders of 
Government, and interested parties from the private sector and the 
general public. By bringing these delegates together we hope to advance 
the public's knowledge and understanding of the need to put money away 
for retirement, urge American workers to set aside adequate funds, and 
identify the impediments for small employers in setting up retirement 
savings arrangements for their employees.
  I want to commend Congressmen Harris Fawell and Donald Payne, 
chairman and ranking member of the Subcommittee on Employee-Employer 
Relations of the Education and Workforce Committee, for their 
leadership. The House legislation, H.R. 1377, has bipartisan support 
with over 30 cosponsors across the political spectrum. In addition the 
bill is endorsed by the several organizations including the U.S. 
Chamber of Commerce, and the American Association of Retired Persons.
  Today's workers need to have confidence and feel good about their 
retirement and quality of life. One of the most important things 
Government can do is encourage individuals to acquire the knowledge 
that will help them achieve a secure retirement. The SAVER Act is by no 
means a solution to the problem of inadequate retirement savings, but 
it is a critical first step to facing the future demographic tidalwave.
                                 ______
                                 
      By Mr. LEVIN:
  S. 758. A bill to make certain technical corrections to the Lobbying 
Disclosure Act of 1995; to the Committee on Governmental Affairs.


        THE LOBBYING DISCLOSURE TECHNICAL AMENDMENTS ACT OF 1997

  Mr. LEVIN. Mr. President, I introduce the Lobbying Disclosure 
Technical Amendments Act of 1997. Last

[[Page S4659]]

year, Congressmen Charles Canady and Barney Frank sponsored a similar 
piece of legislation and moved it through the House of Representatives. 
Unfortunately, a last minute dispute over one of the provisions 
precluded the Senate from passing the bill and sending it to the 
President for signature. The bill I am introducing today contains all 
but one of the key elements of the bill passed by the House last year; 
the provision that was problematic to some Members of the Senate has 
been omitted. I hope that the Senate will act expeditiously to pass 
this revised bill, so that we can clear up the technical issues 
identified by our colleagues on the House side in the last Congress.
  Mr. President, just 2 years ago, Congress enacted the Lobbying 
Disclosure Act [LDA], the first substantive reform in the laws 
governing lobbying disclosure in 50 years. The LDA was designed to 
overhaul our lobbying disclosure statutes and plug the glaring 
loopholes in those laws. Lobbying of congressional staff is no longer 
exempt; lobbying of executive branch officials is no longer exempt; 
lobbying on nonlegislative issues is no longer exempt; and the much-
abused primary purpose test has been eliminated. For the first time 
ever, all paid, professional lobbyists are required to disclose who is 
paying them how much to lobby Congress and the executive branch on what 
issues.

  At the same time, the 1995 Lobbying Disclosure Act made the lobbying 
disclosure laws more understandable and easier to comply with by 
providing clear, sensible disclosure rules; establishing sensible de 
minimis requirements; eliminating duplicative and overlapping 
disclosure requirements; replacing quarterly reports with semi-annual 
reports; authorizing the development of computer-filing systems; 
requiring a single registration by each organization whose employees 
lobby instead of separate registrations by each employee-lobbyist; 
requiring good-faith estimates of total, bottom-line lobbying 
expenditures; and allowing entities that are already required to 
account for lobbying expenditures under the Internal Revenue Code to 
use data collected for the IRS for disclosure purposes as well. 
Detailed guidance provided by the Secretary of the Senate and the Clerk 
of the House of Representatives have also helped provide clear lines as 
to who is required to register and what must be disclosed. I would like 
to commend the Secretary of the Senate and the Clerk of the House of 
Representatives for the tremendous job that they have done in 
developing guidance, communicating with the public, and handling huge 
quantities of new information, with almost no lead time to prepare.
  There is already substantial evidence that this reform is working. 
Preliminary reports indicate that the number of organizations and 
individuals registered under the new law in the first year was almost 
triple the number of organizations and individuals registered a year 
earlier, under the old law. Reporting of lobbying expenditures appears 
to have increased to an even greater degree and may now be as much as a 
billion dollars a year. The new lobbying disclosure forms not only 
contain more accurate information than the old forms, they also convey 
it in a manner that is far more readable and easier to understand. As a 
result, the public is getting a far more accurate picture than ever 
before of what issues are being lobbied, who is lobbying them, and how 
much is being spent.
  I remain disappointed that the Lobbying Disclosure Act does not cover 
paid efforts by professional lobbyists to stimulate grassroots 
lobbying--so-called astroturf lobbying--and I would like to see faster 
progress in the development of computer filing systems and automated 
data bases to make filing easier and lobbying information more 
accessible. But already, in just 1 year, we have made huge progress in 
shining the light of public disclosure on the lobbying industry.
  The legislation now before us would make minor adjustments to the 
LDA, to ensure that the law continues to operate as intended. In 
particular, the bill would:
  Clarify the definition of a ``covered executive branch official'' 
under the LDA;
  Clarify that any communication compelled by a federal contract, 
grant, loan, permit or license is not considered to be a lobbying 
contact;
  Clarify that the official representatives of international groups 
such as NATO and the United Nations are public officials who are not 
required to register as lobbyists;
  Clarify how estimates of lobbying income and expenditures may be made 
on the basis of the tax reporting system;
  Clarify that organizations lobbying on behalf of foreign commercial 
entities should register under the Lobbying Disclosure Act, even if 
they engage in only de minimis lobbying; and
  Make a conforming change to the terminology of the Foreign Agents 
Registration Act which was inadvertently omitted in the LDA.

  Mr. President, the most significant provision of this bill addresses 
the coordination of IRS and LDA reporting requirements for companies 
and organizations that are required to report to the IRS in accordance 
with the Internal Revenue Code [IRC]. The IRC's definition of 
``lobbying'' is different that the one contained in the LDA.
  The IRC's definition of lobbying encompasses the local, State and 
Federal levels. The LDA's definition is limited to the Federal level.
  The IRC's definition covers lobbying only on legislative issues. The 
LDA's definition includes non-legislative lobbying as well.
  Because Congress did not want to require entities that lobby to keep 
two sets of books on their lobbying activities, the Lobbying Disclosure 
Act permits entities that are subject to IRS lobbying requirements to 
use the IRS definitions in lieu of the LDA definitions in regard to 
several LDA reporting requirements: the dollar amounts spent on 
lobbying activities, whether there has been a contact that triggers 
reporting, and the 20-percent test for determining who is a lobbyist. 
As for the requirement to report who was lobbied and the issues that 
were the subject of the lobbying, the Secretary of the Senate and the 
Clerk of the House have interpreted the Lobbying Disclosure Act to 
require that reporting be done in accordance with the LDA definition of 
lobbying.
  The LDA provisions authorizing entities to use, for LDA purposes, the 
same information they submit to the IRS make sense, as far as they 
apply to the reporting of dollar amounts. However, the application of 
these provisions to other aspects of lobbying leads to confusing 
results--most notably in connection with the triggering contacts and 
calculating whether an individual has crossed the 20-percent line and 
therefore is required to register as a lobbyist. When registrants are 
allowed to use IRS definitions in these situations, they may be 
required to list their State and local government lobbyists--since the 
IRS definition includes State and local lobbying--but not all of their 
Federal Government lobbyists, since the IRS definition excludes 
lobbying Congress on nonlegislative matters. In other words, we get 
both too much information and too little. The intent of the Lobbying 
Disclosure Act is to provide a full picture of lobbying on the Federal 
level without being overly burdensome. That means we don't need to know 
about State and local lobbyists, but we do need to know about lobbying 
of Congress on legislative and nonlegislative matters.

  This bill would continue to allow registrants subject to the IRS 
lobbying requirements to apply the IRS definition of lobbying 
activities to the requirement under the LDA for reporting the amount of 
money spent on lobbying activities. At the same time, it would address 
the problem caused by applying IRS definitions for other purposes. In 
particular, the bill would:
  First, require the application of the LDA definition with respect to 
legislative branch lobbying for the determination of contacts, the 
application of the 20 percent test, and the reporting of who was 
lobbied and on what issues.
  Second, allow such registrants to use the IRS definition with respect 
to executive branch lobbying for these same reporting requirements. 
This approach would produce more useful information, while reducing the 
problem of tracking lobbying to two different definitions by allowing 
lobbyists to follow IRS definitions in regard to executive branch 
lobbying.
  Mr. President, when we passed the Lobbying Disclosure Act 2 years 
ago, we had a clear goal in mind: We wanted

[[Page S4660]]

to get a full overview of Federal level lobbying. The bill I am 
introducing today is designed to ensure that the act achieves that goal 
in the most effective manner without imposing an undue burden on the 
registrants. The Lobbying Disclosure Act has already proved its worth. 
This technical amendments bill will, through a few commonsense 
corrections, make the LDA even more useful.
  Mr. President, I ask unanimous consent that the text of the bill 
appear in the Record.

                                 S. 758

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE AND REFERENCE.

       (a) Short Title.--This Act may be cited as the ``Lobbying 
     Disclosure Technical Amendments Act of 1997''.
       (b) Reference.Whenever in this Act an amendment or repeal 
     is expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Lobbying 
     Disclosure Act of 1995.

     SEC. 2. DEFINITION OF COVERED EXECUTIVE BRANCH OFFICIAL.

       Section 3(3)(F) (2 U.S.C. 1602(3)(F)) is amended by 
     striking ``7511(b)(2)'' and inserting ``7511(b)(2)(B)''.

     SEC. 3. CLARIFICATION OF EXCEPTION TO LOBBYING CONTACT.

       (a) Certain Communications.--Section 3(8)(B)(ix) (2 U.S.C. 
     1602(8)(B)(ix)) is amended by inserting before the semicolon 
     the following:``, including any communication compelled by a 
     Federal contract grant, loan, permit, or license''.
       (b) Definition of ``Public Official''.--Section 3(15)(F) (2 
     U.S.C. 1602(15)(F)) is amended by inserting ``, or a group of 
     governments acting together as an international 
     organization'' before the period.

     SEC. 4. ESTIMATES BASED ON TAX REPORTING SYSTEM.

       (a) Section 15(a).--Section 15(a) (2 U.S.C. 1610(a)) is 
     amended--
       (1) by striking ``A registrant'' and inserting ``A person, 
     other than a lobbying firm,''; and
       (2) by amending paragraph (2) to read as follows:
       ``(2) for all other purposes consider as lobbying contacts 
     and lobbying activities only--
       ``(A) lobbying contacts with covered legislative branch 
     officials (as defined in section 3(4)) and lobbying 
     activities in support of such contacts; and
       ``(B) lobbying of Federal executive branch officials to the 
     extent that such activities are influencing legislation as 
     defined in section 4911(d) of the Internal Revenue Code of 
     1986.''.
       (b) Section 15(b).--Section 15(b) (2 U.S.C. 1610(b)) is 
     amended--
       (1) by striking ``A registrant that is subject to'' and 
     inserting ``A person, other than a lobbying firm, who is 
     required to account and does account for lobbying 
     expenditures pursuant to''; and
       (2) by amending paragraph (2) to read as follows:
       ``(2) for all other purposes consider as lobbying contacts 
     and lobbying activities only--
       ``(A) lobbying contacts with covered legislative branch 
     officials (as defined in section 3(4)) and lobbying 
     activities in support of such contacts; and
       ``(B) lobbying of Federal executive branch officials to the 
     extent that amounts paid or costs incurred in connection with 
     such activities are not deductible pursuant to section 162(e) 
     of the Internal Revenue Code of 1986.''.
       (c) Section 5(c).--Section 5(c) (2 U.S.C. 1604(c)) is 
     amended by striking paragraph (3).

     SEC. 5. EXEMPTION BASED ON REGISTRATION UNDER LOBBYING ACT.

       Section 3(h) of the Foreign Agents Registration Act of 1938 
     (22 U.S.C. 613(h)) is amended by striking ``is required to 
     register and does register'' and inserting ``has engaged in 
     lobbying activities and has registered''.
                                 ______
                                 
      By Mr. DODD (for himself and Mr. Harkin):
  S. 761. A bill to amend the Rehabilitation Act of 1973 to establish 
certain additional requirements relating to electronic and information 
technology accessibility guidelines for individuals with disabilities, 
and for other purposes; to the Committee on Labor and Human Resources.


THE Federal ELECTRONIC AND INFORMATION TECHNOLOGY DISABILITY COMPLIANCE 
                              ACT OF 1997

  Mr. DODD. Mr. President, I introduce the Federal Electronic and 
Information Technology Disability Compliance Act of 1997. In an effort 
to make it easier for persons with disabilities to work, this 
legislation will allow the Federal Government to take the lead in 
providing Federal employees who have disabilities with critical access 
to technological tools in the workplace.
  The Federal Electronic and Information Technology Accessibility 
Compliance Act of 1997 strengthens Federal requirements that electronic 
tools and information technology purchased by Federal agencies be made 
accessible to their employees. Additionally, it would require States 
that receive Federal resources toward disability programs to meet 
accessibility guidelines when they purchase technology. Section 508 of 
the Rehabilitation Act of 1973 requires such compliance, but currently 
there is no enforcement mechanism to assure that this is done. The 
House of Representatives today passed similar legislation introduced by 
Representative Anna Eshoo.
  Barriers to information and technology must be broken down. By giving 
Federal employees with disabilities the opportunity to utilize 
technological advancements, we provide them hope and encourage self-
sufficiency.
  Additionally, I believe these new efforts will encourage the private 
sector to adopt similar procedures. Let the Federal Government provide 
a good example to the private sector in its efforts.
  Concrete examples of technological advancements that have aided 
persons with disabilities include: Telephones and fax machines with 
voice features for the visually impaired; voice mail that is converted 
for the deaf or hearing impaired; and CD-ROM or network-based 
information systems that can be equipped with audio descriptions of 
visual elements.
  Nationally, there are 49 million Americans who have disabilities. It 
is critical, Mr. President, that given the rapid introduction of new 
technologies, persons with disabilities not be allowed to fall behind. 
The more we can do to promote their equality, independence, and 
dignity, the better.
  I want to commend Mr. William Paul of United Technologies Corp., in 
my state of Connecticut, for first bringing this matter to my 
attention. Mr. Paul has identified a critical need among members of our 
society. His civic-minded actions deserve to be commended not only by 
people with disabilities, but by all Americans.
  Mr. President, I believe this a modest measure, that will improve the 
lives of the millions of Americans who have disabilities across this 
country and benefit our society as a whole. I hope to have my 
colleagues support.

                          ____________________