Chronology of Events Related to the Istook Amendment

From "Handcuffing America's Charities."

The following chronology catalogues the major events related to the Istook amendment. The chronology does not track the 1981 Heritage Foundation proposal found in the Mandate for Leadership that is similar to the Istook amendment. Nor does it trace meetings earlier this year that involved the Heritage Foundation, Cato Institute, Capital Research Center, and several congressional offices, including House Majority Leader Richard Armey (R-TX) and his staff, Viriginia Thomas.

It appears that the proponents of the Istook amendment, led by Representatives Ernest Istook (R-OK), David McIntosh (R-IN) and Robert Ehrlich (R-MD), will continue proposing versions of the Istook amendment to attach to various bills.

June 29, 1995

• Rep. David McIntosh (R-IN), chair of the House National Economic Growth, Natural Resources and Regulatory Affairs Subcommittee of the Government Reform and Oversight Committee, holds a hearing on political advocacy by federal grantees. Rep. Robert Ehrlich (R-MD) serves on the subcommittee. Several unofficial drafts of a proposed bill by Reps. Ernest Istook (R-OK), McIntosh, and Ehrlich have been obtained, but are not discussed at the hearing.

July 24, 1995

• Senator Alan Simpson (R-WY) offers an amendment to the Lobby Reform Bill, which passes the Senate by a vote of 59-39. The amendment makes all 501(c)(4) nonprofit organizations (i.e., social welfare) that lobby ineligible to receive federal grants.

July 28, 1995

• Rep. David McIntosh (R-IN), chair of the House National Economic Growth, Natural Resources and Regulatory Affairs Subcommittee of the Government Reform and Oversight Committee, holds a second hearing on political advocacy by federal grantees. Although a version of the Istook amendment is being debated in the House Appropriations Committee mark-up of the Labor-HHS-Education Appropriations bill, the hearing is not about the proposed bill.

August 2, 1995

• Rep. David McIntosh (R-IN), chair of the House National Economic Growth, Natural Resources and Regulatory Affairs Subcommittee of the Government Reform and Oversight Committee, holds a third hearing on political advocacy by federal grantees. Still no witnesses have provided evidence of nonprofit grantees using federal funds to lobby. Although the hearing is not about the Istook amendment, the amendment has been attached to the Labor-HHS-Education Appropriations bill and the rule on the appropriations bill has just been completed.

August 4, 1995

• House votes 232-189 against an amendment offered by Rep. David Skaggs (D-CO) to strike the Istook amendment from the Labor-HHS-Education appropriations bill. This amendment was authored by Representatives Ernest Istook (R-OK), David McIntosh (R-IN) and Robert Ehrlich (R-MD) and was widely opposed by charities across the country.

August 5, 1995

• Senator Alan Simpson (R-WY) offers an amendment to the Treasury-Postal Service appropriations bill, which was approved by voice vote. The amendment makes 501(c)(4) nonprofit organizations with budgets of $10 million or more that lobby ineligible to receive federal grants.

September 28, 1995

• Rep. David McIntosh (R-IN), chair of the House National Economic Growth, Natural Resources and Regulatory Affairs Subcommittee of the Government Reform and Oversight Committee, holds a fourth hearing on political advocacy by federal grantees - the first as an "investigative oversight" hearing. Subcommittee staff acknowledge they forged Alliance for Justice letterhead and falsified a document about federal grants received by the Alliance's membership.

October 18, 1995

• Rep. David McIntosh (R-IN), chair of the House National Economic Growth, Natural Resources and Regulatory Affairs Subcommittee of the Government Reform and Oversight Committee, scheduled a fifth hearing on political advocacy by federal grantees for today, but then cancelled it. The only witness was the National Council of Senior Citizens. Another hearing planned for October 23 was also cancelled.

October 25, 1995

• House-Senate conferees report the Treasury-Postal Service appropriations bill out with one amendment in disagreement - the Simpson language. Rep. Istook had tried to attach the Istook amendment from the Labor-HHS appropriations bill, but his attempt was rejected. He then proposed a second Istook amendment, which was also rejected. With the Simpson amendment reported out in disagreement, it meant that the House must vote separately on the amendment. Istook still hoped to offer his amendment as a substitute to the Simpson amendment, but the news media reports that the conferee's actions provided a devastating blow to the Istook amendment.

November 7, 1995

• House Rules Committee votes to attach a new Istook amendment to the Continuing Resolution. The Treasury-Postal Service appropriations bill is temporarily shelved because of the controversy over the Istook amendment.

November 8, 1995

• By a vote of 216-210, the full House approves the rule for the Continuing Resolution, which includes the new Istook amendment. The CR itself is passed later that evening by a vote of 230-197. Congress and the President must agree to a CR by midnight on November 13 or large parts of government must shut down.

November 9, 1995

• Senate votes 49-47 to replace the Istook language on the Continuing Resolution with new language offered by Senators Alan Simpson (R-WY) and Larry Craig (R-ID). (On a first vote the Simpson-Craig amendment lost, but Majority Leader Robert Dole (R-KS) brought it up a second time and won.) The Simpson-Craig amendment requires new reporting requirements and prohibits 501(c)(4) nonprofit organizations with revenues of $3 million or more from getting grants. House proponents of the Istook amendment are on Senate floor lobbying for the Simpson-Craig amendment and hail the vote as a major victory to stop "welfare for lobbyists."

November 10, 1995

• Istook is on early morning TV praising the Simpson-Craig amendment. But later in the morning says he opposes the amendment. He prepares to offer the Istook amendment again. Some Republicans voice their objection to Istook and members take to chanting and wearing signs that say "Free Ernie" (as in Ernie Istook). Appropriations Chair Bob Livingston (R-LA) states that there are technical problems with the Simpson-Craig amendment and makes a motion to strike the language from the Continuing Resolution. Istook does not offer his amendment.
• By striking the Simpson-Craig amendment the CR has to go back to the Senate for approval. By the time the House acts, the Senate has left for the Veterans Day weekend and will not return until late on Monday, November 13, the day the government may need to shut down.

November 13, 1995

• Senate concurs with the House Continuing Resolution, which eliminates the Simpson-Craig amendment. The President receives the bill late in the day and follows through on his veto threat, shutting down parts of the government.

November 15, 1995

• House takes up the Treasury-Postal Service appropriations conference report and votes to drop the Simpson language, which had been reported in disagreement. Istook decides not to offer his amendment, stating that he will put it on other bills. The appropriations conference report goes to the Senate for approval.

November 28, 1995

• Reps. Istook and McIntosh withdraw amendments to theLobby Disclosure Bill after early votes clearly indicate that the House will reject all amendments. Appoval of any amendments, including the proposed Istook and McIntosh amendments, would send the bill back to the Senate, where its future would be in question.

November 29, 1995

• The House unanimously passes (421-0) the Lobby Reform Bill with no amendments, and send it to the the President for his signature. The original Simpson amendment to prevent 501(c)(4) nonprofits that lobby from getting federal funds is part of the bill that passes.

December 19, 1995

• President signs the Lobby Disclosure Act of 1995 into law.

Note: While the chronology only lists three Istook amendments, there were many more drafts. In fact, there have been so many versions of the amendment that it has confused reporters and charities throughout the country.