Text: S.1060 — 104th Congress (1995-1996)All Information (Except Text)

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Public Law No: 104-65 (12/19/1995)

 
[104th Congress Public Law 65]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ65.104]

Public Law 104-65
104th Congress

                                 An Act


 
 To provide for the disclosure of lobbying activities to influence the 
Federal Government, and for other purposes. <<NOTE: Dec. 19, 1995 -  [S. 
                                1060]>> 

    Be it enacted by the Senate and House of Representatives of the 
United <<NOTE: Lobbying Disclosure Act of 1995. Public information.>>  
States of America in Congress assembled,

SECTION 1. <<NOTE: 2 USC 1601 note.>> SHORT TITLE.

    This Act may be cited as the ``Lobbying Disclosure Act of 1995''.

SEC. 2. <<NOTE: 2 USC 1601.>> FINDINGS.

    The Congress finds that--
            (1) responsible representative Government requires public 
        awareness of the efforts of paid lobbyists to influence the 
        public decisionmaking process in both the legislative and 
        executive branches of the Federal Government;
            (2) existing lobbying disclosure statutes have been 
        ineffective because of unclear statutory language, weak 
        administrative and enforcement provisions, and an absence of 
        clear guidance as to who is required to register and what they 
        are required to disclose; and
            (3) the effective public disclosure of the identity and 
        extent of the efforts of paid lobbyists to influence Federal 
        officials in the conduct of Government actions will increase 
        public confidence in the integrity of Government.

SEC. 3. <<NOTE: 2 USC 1602.>> DEFINITIONS.

    As used in this Act:
            (1) Agency.--The term ``agency'' has the meaning given that 
        term in section 551(1) of title 5, United States Code.
            (2) Client.--The term ``client'' means any person or entity 
        that employs or retains another person for financial or other 
        compensation to conduct lobbying activities on behalf of that 
        person or entity. A person or entity whose employees act as 
        lobbyists on its own behalf is both a client and an employer of 
        such employees. In the case of a coalition or association that 
        employs or retains other persons to conduct lobbying activities, 
        the client is the coalition or association and not its 
        individual members.
            (3) Covered executive branch official.--The term ``covered 
        executive branch official'' means--
                    (A) the President;
                    (B) the Vice President;
                    (C) any officer or employee, or any other individual 
                functioning in the capacity of such an officer or 
                employee, in the Executive Office of the President;
                    (D) any officer or employee serving in a position in 
                level I, II, III, IV, or V of the Executive Schedule, as 
                designated by statute or Executive order;
                    (E) any member of the uniformed services whose pay 
                grade is at or above O-7 under section 201 of title 37, 
                United States Code; and
                    (F) any officer or employee serving in a position of 
                a confidential, policy-determining, policy-making, or 
                policy-advocating character described in section 
                7511(b)(2) of title 5, United States Code.
            (4) Covered legislative branch official.--The term ``covered 
        legislative branch official'' means--
                    (A) a Member of Congress;
                    (B) an elected officer of either House of Congress;
                    (C) any employee of, or any other individual 
                functioning in the capacity of an employee of--
                          (i) a Member of Congress;
                          (ii) a committee of either House of Congress;
                          (iii) the leadership staff of the House of 
                      Representatives or the leadership staff of the 
                      Senate;
                          (iv) a joint committee of Congress; and
                          (v) a working group or caucus organized to 
                      provide legislative services or other assistance 
                      to Members of Congress; and
                    (D) any other legislative branch employee serving in 
                a position described under section 109(13) of the Ethics 
                in Government Act of 1978 (5 U.S.C. App.).
            (5) Employee.--The term ``employee'' means any individual 
        who is an officer, employee, partner, director, or proprietor of 
        a person or entity, but does not include--
                    (A) independent contractors; or
                    (B) volunteers who receive no financial or other 
                compensation from the person or entity for their 
                services.
            (6) Foreign entity.--The term ``foreign entity'' means a 
        foreign principal (as defined in section 1(b) of the Foreign 
        Agents Registration Act of 1938 (22 U.S.C. 611(b)).
            (7) Lobbying activities.--The term ``lobbying activities'' 
        means lobbying contacts and efforts in support of such contacts, 
        including preparation and planning activities, research and 
        other background work that is intended, at the time it is 
        performed, for use in contacts, and coordination with the 
        lobbying activities of others.
            (8) Lobbying contact.--
                    (A) Definition.--The term ``lobbying contact'' means 
                any oral or written communication (including an 
                electronic communication) to a covered executive branch 
                official or a covered legislative branch official that 
                is made on behalf of a client with regard to--
                          (i) the formulation, modification, or adoption 
                      of Federal legislation (including legislative 
                      proposals);
                          (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;
                          (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); or
                          (iv) the nomination or confirmation of a 
                      person for a position subject to confirmation by 
                      the Senate.
                    (B) Exceptions.--The term ``lobbying contact'' does 
                not include a communication that is--
                          (i) made by a public official acting in the 
                      public official's official capacity;
                          (ii) made by a representative of a media 
                      organization if the purpose of the communication 
                      is gathering and disseminating news and 
                      information to the public;
                          (iii) made in a speech, article, publication 
                      or other material that is distributed and made 
                      available to the public, or through radio, 
                      television, cable television, or other medium of 
                      mass communication;
                          (iv) made on behalf of a government of a 
                      foreign country or a foreign political party and 
                      disclosed under the Foreign Agents Registration 
                      Act of 1938 (22 U.S.C. 611 et seq.);
                          (v) a request for a meeting, a request for the 
                      status of an action, or any other similar 
                      administrative request, if the request does not 
                      include an attempt to influence a covered 
                      executive branch official or a covered legislative 
                      branch official;
                          (vi) made in the course of participation in an 
                      advisory committee subject to the Federal Advisory 
                      Committee Act;
                          (vii) testimony given before a committee, 
                      subcommittee, or task force of the Congress, or 
                      submitted for inclusion in the public record of a 
                      hearing conducted by such committee, subcommittee, 
                      or task force;
                          (viii) information provided in writing in 
                      response to an oral or written request by a 
                      covered executive branch official or a covered 
                      legislative branch official for specific 
                      information;
                          (ix) required by subpoena, civil investigative 
                      demand, or otherwise compelled by statute, 
                      regulation, or other action of the Congress or an 
                      agency;
                          (x) made in response to a notice in the 
                      Federal Register, Commerce Business Daily, or 
                      other similar publication soliciting 
                      communications from the public and directed to the 
                      agency official specifically designated in the 
                      notice to receive such communications;
                          (xi) not possible to report without disclosing 
                      information, the unauthorized disclosure of which 
                      is prohibited by law;
                          (xii) made to an official in an agency with 
                      regard to--
                                    (I) a judicial proceeding or a 
                                criminal or civil law enforcement 
                                inquiry, investigation, or proceeding; 
                                or
                                    (II) a filing or proceeding that the 
                                Government is specifically required by 
                                statute or regulation to maintain or 
                                conduct on a confidential basis,
                      if that agency is charged with responsibility for 
                      such proceeding, inquiry, investigation, or 
                      filing;
                          (xiii) 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;
                          (xiv) a written comment filed in the course of 
                      a public proceeding or any other communication 
                      that is made on the record in a public proceeding;
                          (xv) a petition for agency action made in 
                      writing and required to be a matter of public 
                      record pursuant to established agency procedures;
                          (xvi) made on behalf of an individual with 
                      regard to that individual's benefits, employment, 
                      or other personal matters involving only that 
                      individual, except that this clause does not apply 
                      to any communication with--
                                    (I) a covered executive branch 
                                official, or
                                    (II) a covered legislative branch 
                                official (other than the individual's 
                                elected Members of Congress or employees 
                                who work under such Members' direct 
                                supervision),
                      with respect to the formulation, modification, or 
                      adoption of private legislation for the relief of 
                      that individual;
                          (xvii) a disclosure by an individual that is 
                      protected under the amendments made by the 
                      Whistleblower Protection Act of 1989, under the 
                      Inspector General Act of 1978, or under another 
                      provision of law;
                          (xviii) made by--
                                    (I) a church, its integrated 
                                auxiliary, or a convention or 
                                association of churches that is exempt 
                                from filing a Federal income tax return 
                                under paragraph 2(A)(i) of section 
                                6033(a) of the Internal Revenue Code of 
                                1986, or
                                    (II) a religious order that is 
                                exempt from filing a Federal income tax 
                                return under paragraph (2)(A)(iii) of 
                                such section 6033(a); and
                          (xix) between--
                                    (I) officials of a self-regulatory 
                                organization (as defined in section 
                                3(a)(26) of the Securities Exchange Act) 
                                that is registered with or established 
                                by the Securities and Exchange 
                                Commission as required by that Act or a 
                                similar organization that is designated 
                                by or registered with the Commodities 
                                Future Trading Commission as provided 
                                under the Commodity Exchange Act; and
                                    (II) the Securities and Exchange 
                                Commission or the Commodities Future 
                                Trading Commission, respectively;
                      relating to the regulatory responsibilities of 
                      such organization under that Act.
            (9) Lobbying firm.--The term ``lobbying firm'' means a 
        person or entity that has 1 or more employees who are lobbyists 
        on behalf of a client other than that person or entity. The term 
        also includes a self-employed individual who is a lobbyist.
            (10) Lobbyist.--The term ``lobbyist'' means any individual 
        who is employed or retained by a client for financial or other 
        compensation for services that include more than one lobbying 
        contact, other than an individual whose lobbying activities 
        constitute less than 20 percent of the time engaged in the 
        services provided by such individual to that client over a six 
        month period.
            (11) Media organization.--The term ``media organization'' 
        means a person or entity engaged in disseminating information to 
        the general public through a newspaper, magazine, other 
        publication, radio, television, cable television, or other 
        medium of mass communication.
            (12) Member of congress.--The term ``Member of Congress'' 
        means a Senator or a Representative in, or Delegate or Resident 
        Commissioner to, the Congress.
            (13) Organization.--The term ``organization'' means a person 
        or entity other than an individual.
            (14) Person or entity.--The term ``person or entity'' means 
        any individual, corporation, company, foundation, association, 
        labor organization, firm, partnership, society, joint stock 
        company, group of organizations, or State or local government.
            (15) Public official.--The term ``public official'' means 
        any elected official, appointed official, or employee of--
                    (A) a Federal, State, or local unit of government in 
                the United States other than--
                          (i) a college or university;
                          (ii) a government-sponsored enterprise (as 
                      defined in section 3(8) of the Congressional 
                      Budget and Impoundment Control Act of 1974);
                          (iii) a public utility that provides gas, 
                      electricity, water, or communications;
                          (iv) a guaranty agency (as defined in section 
                      435(j) of the Higher Education Act of 1965 (20 
                      U.S.C. 1085(j))), including any affiliate of such 
                      an agency; or
                          (v) an agency of any State functioning as a 
                      student loan secondary market pursuant to section 
                      435(d)(1)(F) of the Higher Education Act of 1965 
                      (20 U.S.C. 1085(d)(1)(F));
                    (B) a Government corporation (as defined in section 
                9101 of title 31, United States Code);
                    (C) an organization of State or local elected or 
                appointed officials other than officials of an entity 
                described in clause (i), (ii), (iii), (iv), or (v) of 
                subparagraph (A);
                    (D) an Indian tribe (as defined in section 4(e) of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 450b(e));
                    (E) a national or State political party or any 
                organizational unit thereof; or
                    (F) a national, regional, or local unit of any 
                foreign government.
            (16) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.

SEC. 4. <<NOTE: 2 USC 1603.>> REGISTRATION OF LOBBYISTS.

    (a) Registration.--
            (1) General rule.--No later than 45 days after a lobbyist 
        first makes a lobbying contact or is employed or retained to 
        make a lobbying contact, whichever is earlier, such lobbyist 
        (or, as provided under paragraph (2), the organization employing 
        such lobbyist), shall register with the Secretary of the Senate 
        and the Clerk of the House of Representatives.
            (2) Employer filing.--Any organization that has 1 or more 
        employees who are lobbyists shall file a single registration 
        under this section on behalf of such employees for each client 
        on whose behalf the employees act as lobbyists.
            (3) Exemption.--
                    (A) General rule.--Notwithstanding paragraphs (1) 
                and (2), a person or entity whose--
                          (i) total income for matters related to 
                      lobbying activities on behalf of a particular 
                      client (in the case of a lobbying firm) does not 
                      exceed and is not expected to exceed $5,000; or
                          (ii) total expenses in connection with 
                      lobbying activities (in the case of an 
                      organization whose employees engage in lobbying 
                      activities on its own behalf) do not exceed or are 
                      not expected to exceed $20,000,
                (as estimated under section 5) in the semiannual period 
                described in section 5(a) during which the registration 
                would be made is not required to register under 
                subsection (a) with respect to such client.
                    (B) Adjustment.--The dollar amounts in subparagraph 
                (A) shall be adjusted--
                          (i) on January 1, 1997, to reflect changes in 
                      the Consumer Price Index (as determined by the 
                      Secretary of Labor) since the date of enactment of 
                      this Act; and
                          (ii) on January 1 of each fourth year 
                      occurring after January 1, 1997, to reflect 
                      changes in the Consumer Price Index (as determined 
                      by the Secretary of Labor) during the preceding 4-
                      year period,
                rounded to the nearest $500.

    (b) Contents of Registration.--Each registration under this section 
shall contain--
            (1) the name, address, business telephone number, and 
        principal place of business of the registrant, and a general 
        description of its business or activities;
            (2) the name, address, and principal place of business of 
        the registrant's client, and a general description of its 
        business or activities (if different from paragraph (1));
            (3) the name, address, and principal place of business of 
        any organization, other than the client, that--
                    (A) contributes more than $10,000 toward the 
                lobbying activities of the registrant in a semiannual 
                period described in section 5(a); and
                    (B) in whole or in major part plans, supervises, or 
                controls such lobbying activities.
            (4) the name, address, principal place of business, amount 
        of any contribution of more than $10,000 to the lobbying 
        activities of the registrant, and approximate percentage of 
        equitable ownership in the client (if any) of any foreign entity 
        that--
                    (A) holds at least 20 percent equitable ownership in 
                the client or any organization identified under 
                paragraph (3);
                    (B) directly or indirectly, in whole or in major 
                part, plans, supervises, controls, directs, finances, or 
                subsidizes the activities of the client or any 
                organization identified under paragraph (3); or
                    (C) is an affiliate of the client or any 
                organization identified under paragraph (3) and has a 
                direct interest in the outcome of the lobbying activity;
            (5) a statement of--
                    (A) the general issue areas in which the registrant 
                expects to engage in lobbying activities on behalf of 
                the client; and
                    (B) to the extent practicable, specific issues that 
                have (as of the date of the registration) already been 
                addressed or are likely to be addressed in lobbying 
                activities; and
            (6) the name of each employee of the registrant who has 
        acted or whom the registrant expects to act as a lobbyist on 
        behalf of the client and, if any such employee has served as a 
        covered executive branch official or a covered legislative 
        branch official in the 2 years before the date on which such 
        employee first acted (after the date of enactment of this Act) 
        as a lobbyist on behalf of the client, the position in which 
        such employee served.

    (c) Guidelines for Registration.--
            (1) Multiple clients.--In the case of a registrant making 
        lobbying contacts on behalf of more than 1 client, a separate 
        registration under this section shall be filed for each such 
        client.
            (2) Multiple contacts.--A registrant who makes more than 1 
        lobbying contact for the same client shall file a single 
        registration covering all such lobbying contacts.

    (d) Termination of Registration.--A registrant who after 
registration--
            (1) is no longer employed or retained by a client to conduct 
        lobbying activities, and
            (2) does not anticipate any additional lobbying activities 
        for such client,

may so notify the Secretary of the Senate and the Clerk of the House of 
Representatives and terminate its registration.

SEC. 5. <<NOTE: 2 USC 1604.>> REPORTS BY REGISTERED LOBBYISTS.

    (a) Semiannual Report.--No later than 45 days after the end of the 
semiannual period beginning on the first day of each January and the 
first day of July of each year in which a registrant is registered under 
section 4, each registrant shall file a report with the Secretary of the 
Senate and the Clerk of the House of Representatives on its lobbying 
activities during such semiannual period. A separate report shall be 
filed for each client of the registrant.
    (b) Contents of Report.--Each semiannual report filed under 
subsection (a) shall contain--
            (1) the name of the registrant, the name of the client, and 
        any changes or updates to the information provided in the 
        initial registration;
            (2) for each general issue area in which the registrant 
        engaged in lobbying activities on behalf of the client during 
        the semiannual filing period--
                    (A) a list of the specific issues upon which a 
                lobbyist employed by the registrant engaged in lobbying 
                activities, including, to the maximum extent 
                practicable, a list of bill numbers and references to 
                specific executive branch actions;
                    (B) a statement of the Houses of Congress and the 
                Federal agencies contacted by lobbyists employed by the 
                registrant on behalf of the client;
                    (C) a list of the employees of the registrant who 
                acted as lobbyists on behalf of the client; and
                    (D) a description of the interest, if any, of any 
                foreign entity identified under section 4(b)(4) in the 
                specific issues listed under subparagraph (A);
            (3) in the case of a lobbying firm, a good faith estimate of 
        the total amount of all income from the client (including any 
        payments to the registrant by any other person for lobbying 
        activities on behalf of the client) during the semiannual 
        period, other than income for matters that are unrelated to 
        lobbying activities; and
            (4) in the case of a registrant engaged in lobbying 
        activities on its own behalf, a good faith estimate of the total 
        expenses that the registrant and its employees incurred in 
        connection with lobbying activities during the semiannual filing 
        period.

    (c) Estimates of Income or Expenses.--For purposes of this section, 
estimates of income or expenses shall be made as follows:
            (1) Estimates of amounts in excess of $10,000 shall be 
        rounded to the nearest $20,000.
            (2) In the event income or expenses do not exceed $10,000, 
        the registrant shall include a statement that income or expenses 
        totaled less than $10,000 for the reporting period.
            (3) A registrant that reports lobbying expenditures pursuant 
        to section 6033(b)(8) of the Internal Revenue Code of 1986 may 
        satisfy the requirement to report income or expenses by filing 
        with the Secretary of the Senate and the Clerk of the House of 
        Representatives a copy of the form filed in accordance with 
        section 6033(b)(8).

SEC. 6. <<NOTE: 2 USC 1605.>> DISCLOSURE AND ENFORCEMENT.

    The Secretary of the Senate and the Clerk of the House of 
Representatives shall--
            (1) provide guidance and assistance on the registration and 
        reporting requirements of this Act and develop common standards, 
        rules, and procedures for compliance with this Act;
            (2) review, and, where necessary, verify and inquire to 
        ensure the accuracy, completeness, and timeliness of 
        registration and reports;
            (3) develop filing, coding, and cross-indexing systems to 
        carry out the purpose of this Act, including--
                    (A) a publicly available list of all registered 
                lobbyists, lobbying firms, and their clients; and
                    (B) computerized systems designed to minimize the 
                burden of filing and maximize public access to materials 
                filed under this Act;
            (4) make available for public inspection and copying at 
        reasonable times the registrations and reports filed under this 
        Act;
            (5) retain registrations for a period of at least 6 years 
        after they are terminated and reports for a period of at least 6 
        years after they are filed;
            (6) <<NOTE: Records.>> compile and summarize, with respect 
        to each semiannual period, the information contained in 
        registrations and reports filed with respect to such period in a 
        clear and complete manner;
            (7) notify any lobbyist or lobbying firm in writing that may 
        be in noncompliance with this Act; and
            (8) notify the United States Attorney for the District of 
        Columbia that a lobbyist or lobbying firm may be in 
        noncompliance with this Act, if the registrant has been notified 
        in writing and has failed to provide an appropriate response 
        within 60 days after notice was given under paragraph (7).

SEC. 7. <<NOTE: 2 USC 1606.>> PENALTIES.

    Whoever knowingly fails to--
            (1) remedy a defective filing within 60 days after notice of 
        such a defect by the Secretary of the Senate or the Clerk of the 
        House of Representatives; or
            (2) comply with any other provision of this Act;

shall, upon proof of such knowing violation by a preponderance of the 
evidence, be subject to a civil fine of not more than $50,000, depending 
on the extent and gravity of the violation.

SEC. 8. <<NOTE: 2 USC 1607.>> RULES OF CONSTRUCTION.

    (a) Constitutional Rights.--Nothing in this Act shall be construed 
to prohibit or interfere with--
            (1) the right to petition the Government for the redress of 
        grievances;
            (2) the right to express a personal opinion; or
            (3) the right of association,

protected by the first amendment to the Constitution.
    (b) Prohibition of Activities.--Nothing in this Act shall be 
construed to prohibit, or to authorize any court to prohibit, lobbying 
activities or lobbying contacts by any person or entity, regardless of 
whether such person or entity is in compliance with the requirements of 
this Act.
    (c) Audit and Investigations.--Nothing in this Act shall be 
construed to grant general audit or investigative authority to the 
Secretary of the Senate or the Clerk of the House of Representatives.

SEC. 9. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT.

    The Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) 
is amended--
            (1) in section 1-- <<NOTE: 22 USC 611.>> 
                    (A) by striking subsection (j);
                    (B) in subsection (o) by striking ``the 
                dissemination of political propaganda and any other 
                activity which the person engaging therein believes 
                will, or which he intends to, prevail upon, 
                indoctrinate, convert, induce, persuade, or in any other 
                way influence'' and inserting ``any activity that the 
                person engaging in believes will, or that the person 
                intends to, in any way influence'';
                    (C) in subsection (p) by striking the semicolon and 
                inserting a period; and
                    (D) by striking subsection (q);
            (2) in section 3(g) (22 U.S.C. 613(g)), by striking 
        ``established agency proceedings, whether formal or informal.'' 
        and inserting ``judicial proceedings, criminal or civil law 
        enforcement inquiries, investigations, or proceedings, or agency 
        proceedings required by statute or regulation to be conducted on 
        the record.'';
            (3) in section 3 (22 U.S.C. 613) by adding at the end the 
        following:

    ``(h) Any agent of a person described in section 1(b)(2) or an 
entity described in section 1(b)(3) if the agent is required to register 
and does register under the Lobbying Disclosure Act of 1995 in 
connection with the agent's representation of such person or entity.'';
            (4) in section 4(a) (22 U.S.C. 614(a))--
                    (A) by striking ``political propaganda'' and 
                inserting ``informational materials''; and
                    (B) by striking ``and a statement, duly signed by or 
                on behalf of such an agent, setting forth full 
                information as to the places, times, and extent of such 
                transmittal'';
            (5) in section 4(b) (22 U.S.C. 614(b))--
                    (A) in the matter preceding clause (i), by striking 
                ``political propaganda'' and inserting ``informational 
                materials''; and
                    (B) by striking ``(i) in the form of prints, or'' 
                and all that follows through the end of the subsection 
                and inserting ``without placing in such informational 
                materials a conspicuous statement that the materials are 
                distributed by the agent on behalf of the foreign 
                principal, and that additional information is on file 
                with the Department of Justice, Washington, District of 
                Columbia. The Attorney General may by rule define what 
                constitutes a conspicuous statement for the purposes of 
                this subsection.'';
            (6) in section 4(c) (22 U.S.C. 614(c)), by striking 
        ``political propaganda'' and inserting ``informational 
        materials'';
            (7) in section 6 (22 U.S.C. 616)--
                    (A) in subsection (a) by striking ``and all 
                statements concerning the distribution of political 
                propaganda'';
                    (B) in subsection (b) by striking ``, and one copy 
                of every item of political propaganda''; and
                    (C) in subsection (c) by striking ``copies of 
                political propaganda,''; and
            (8) in section 8 (22 U.S.C. 618)--
                    (A) in subsection (a)(2) by striking ``or in any 
                statement under section 4(a) hereof concerning the 
                distribution of political propaganda''; and
                    (B) by striking subsection (d).

SEC. 10. AMENDMENTS TO THE BYRD AMENDMENT.

    (a) Revised Certification Requirements.--Section 1352(b) of title 
31, United States Code, is amended--
            (1) in paragraph (2) by striking subparagraphs (A), (B), and 
        (C) and inserting the following:
                    ``(A) the name of any registrant under the Lobbying 
                Disclosure Act of 1995 who has made lobbying contacts on 
                behalf of the person with respect to that Federal 
                contract, grant, loan, or cooperative agreement; and
                    ``(B) a certification that the person making the 
                declaration has not made, and will not make, any payment 
                prohibited by subsection (a).'';
            (2) in paragraph (3) by striking all that follows ``loan 
        shall contain'' and inserting ``the name of any registrant under 
        the Lobbying Disclosure Act of 1995 who has made lobbying 
        contacts on behalf of the person in connection with that loan 
        insurance or guarantee.''; and
            (3) by striking paragraph (6) and redesignating paragraph 
        (7) as paragraph (6).

    (b) Removal of Obsolete Reporting Requirement.--Section 1352 of 
title 31, United States Code, is further amended--
            (1) by striking subsection (d); and
            (2) by redesignating subsections (e), (f), (g), and (h) as 
        subsections (d), (e), (f), and (g), respectively.

SEC. 11. REPEAL OF CERTAIN LOBBYING PROVISIONS.

    (a) Repeal of the Federal Regulation of Lobbying Act.--The Federal 
Regulation of Lobbying Act (2 U.S.C. 261 et seq.) is repealed.
    (b) Repeal of Provisions Relating to Housing Lobbyist Activities.--
            (1) Section 13 of the Department of Housing and Urban 
        Development Act (42 U.S.C. 3537b) is repealed.
            (2) Section 536(d) of the Housing Act of 1949 (42 U.S.C. 
        1490p(d)) is repealed.

SEC. 12. CONFORMING AMENDMENTS TO OTHER STATUTES.

    (a) Amendment to Competitiveness Policy Council Act.--Section 
5206(e) of the Competitiveness Policy Council Act (15 U.S.C. 4804(e)) is 
amended by inserting ``or a lobbyist for a foreign entity (as the terms 
`lobbyist' and `foreign entity' are defined under section 3 of the 
Lobbying Disclosure Act of 1995)'' after ``an agent for a foreign 
principal''.
    (b) Amendments to Title 18, United States Code.--Section 219(a) of 
title 18, United States Code, is amended--
            (1) by inserting ``or a lobbyist required to register under 
        the Lobbying Disclosure Act of 1995 in connection with the 
        representation of a foreign entity, as defined in section 3(6) 
        of that Act'' after ``an agent of a foreign principal required 
        to register under the Foreign Agents Registration Act of 1938''; 
        and
            (2) by striking out ``, as amended,''.

    (c) Amendment to Foreign Service Act of 1980.--Section 602(c) of the 
Foreign Service Act of 1980 (22 U.S.C. 4002(c)) is amended by inserting 
``or a lobbyist for a foreign entity (as defined in section 3(6) of the 
Lobbying Disclosure Act of 1995)'' after ``an agent of a foreign 
principal (as defined by section 1(b) of the Foreign Agents Registration 
Act of 1938)''.

SEC. 13. <<NOTE: 2 USC 1608.>> SEVERABILITY.

    If any provision of this Act, or the application thereof, is held 
invalid, the validity of the remainder of this Act and the application 
of such provision to other persons and circumstances shall not be 
affected thereby.

SEC. 14. <<NOTE: 2 USC 1609.>> IDENTIFICATION OF CLIENTS AND COVERED 
            OFFICIALS.

    (a) Oral Lobbying Contacts.--Any person or entity that makes an oral 
lobbying contact with a covered legislative branch official or a covered 
executive branch official shall, on the request of the official at the 
time of the lobbying contact--
            (1) state whether the person or entity is registered under 
        this Act and identify the client on whose behalf the lobbying 
        contact is made; and
            (2) state whether such client is a foreign entity and 
        identify any foreign entity required to be disclosed under 
        section 4(b)(4) that has a direct interest in the outcome of the 
        lobbying activity.

    (b) Written Lobbying Contacts.--Any person or entity registered 
under this Act that makes a written lobbying contact (including an 
electronic communication) with a covered legislative branch official or 
a covered executive branch official shall--
            (1) if the client on whose behalf the lobbying contact was 
        made is a foreign entity, identify such client, state that the 
        client is considered a foreign entity under this Act, and state 
        whether the person making the lobbying contact is registered on 
        behalf of that client under section 4; and
            (2) identify any other foreign entity identified pursuant to 
        section 4(b)(4) that has a direct interest in the outcome of the 
        lobbying activity.

    (c) Identification as Covered Official.--Upon request by a person or 
entity making a lobbying contact, the individual who is contacted or the 
office employing that individual shall indicate whether or not the 
individual is a covered legislative branch official or a covered 
executive branch official.

SEC. 15. <<NOTE: 2 USC 1610.>> ESTIMATES BASED ON TAX REPORTING SYSTEM.

    (a) Entities Covered by Section 6033(b) of the Internal Revenue Code 
of 1986.--A registrant that is required to report and does report 
lobbying expenditures pursuant to section 6033(b)(8) of the Internal 
Revenue Code of 1986 may--
            (1) make a good faith estimate (by category of dollar value) 
        of applicable amounts that would be required to be disclosed 
        under such section for the appropriate semiannual period to meet 
        the requirements of sections 4(a)(3) and 5(b)(4); and
            (2) in lieu of using the definition of ``lobbying 
        activities'' in section 3(7) of this Act, consider as lobbying 
        activities only those activities that are influencing 
        legislation as defined in section 4911(d) of the Internal 
        Revenue Code of 1986.

    (b) Entities Covered by Section 162(e) of the Internal Revenue Code 
of 1986.--A registrant that is subject to section 162(e) of the Internal 
Revenue Code of 1986 may--
            (1) make a good faith estimate (by category of dollar value) 
        of applicable amounts that would not be deductible pursuant to 
        such section for the appropriate semiannual period to meet the 
        requirements of sections 4(a)(3) and 5(b)(4); and
            (2) in lieu of using the definition of ``lobbying 
        activities'' in section 3(7) of this Act, consider as lobbying 
        activities only those activities, the costs of which are not 
        deductible pursuant to section 162(e) of the Internal Revenue 
        Code of 1986.

    (c) Disclosure of Estimate.--Any registrant that elects to make 
estimates required by this Act under the procedures authorized by 
subsection (a) or (b) for reporting or threshold purposes shall--
            (1) inform the Secretary of the Senate and the Clerk of the 
        House of Representatives that the registrant has elected to make 
        its estimates under such procedures; and
            (2) make all such estimates, in a given calendar year, under 
        such procedures.

    (d) Study.--Not later than March 31, 1997, the Comptroller General 
of the United States shall review reporting by registrants under 
subsections (a) and (b) and report to the Congress--
            (1) the differences between the definition of ``lobbying 
        activities'' in section 3(7) and the definitions of ``lobbying 
        expenditures'', ``influencing legislation'', and related terms 
        in sections 162(e) and 4911 of the Internal Revenue Code of 
        1986, as each are implemented by regulations;
            (2) the impact that any such differences may have on filing 
        and reporting under this Act pursuant to this subsection; and
            (3) any changes to this Act or to the appropriate sections 
        of the Internal Revenue Code of 1986 that the Comptroller 
        General may recommend to harmonize the definitions.

SEC. 16. REPEAL OF THE RAMSPECK ACT.

    (a) Repeal.--Subsection (c) of section 3304 of title 5, United 
States Code, is repealed.
    (b) Redesignation.--Subsection (d) of section 3304 of title 5, 
United States Code, is redesignated as subsection (c).
    (c) <<NOTE: 5 USC 3304 note.>> Effective Date.--The repeal and 
amendment made by this section shall take effect 2 years after the date 
of the enactment of this Act.
SEC. 17. EXCEPTED SERVICE AND OTHER EXPERIENCE CONSIDERATIONS FOR 
                      COMPETITIVE SERVICE APPOINTMENTS.

    (a) In General.--Section 3304 of title 5, United States Code (as 
amended by section 2 of this Act) is further amended by adding at the 
end thereof the following new subsection:
    ``(d) <<NOTE: Regulations.>> The Office of Personnel Management 
shall promulgate regulations on the manner and extent that experience of 
an individual in a position other than the competitive service, such as 
the excepted service (as defined under section 2103) in the legislative 
or judicial branch, or in any private or nonprofit enterprise, may be 
considered in making appointments to a position in the competitive 
service (as defined under section 2102). In promulgating such 
regulations OPM shall not grant any preference based on the fact of 
service in the legislative or judicial branch. The regulations shall be 
consistent with the principles of equitable competition and merit based 
appointments.''.

    (b) <<NOTE: 5 USC 3304 note.>> Effective Date.--The amendment made 
by this section shall take effect 2 years after the date of the 
enactment of this Act, except the Office of Personnel Management shall--
            (1) conduct a study on excepted service considerations for 
        competitive service appointments relating to such amendment; and
            (2) take all necessary actions for the regulations described 
        under such amendment to take effect as final regulations on the 
        effective date of this section.

SEC. 18. <<NOTE: 2 USC 1611.>> EXEMPT ORGANIZATIONS.

    An organization described in section 501(c)(4) of the Internal 
Revenue Code of 1986 which engages in lobbying activities shall not be 
eligible for the receipt of Federal funds constituting an award, grant, 
contract, loan, or any other form.
SEC. 19. AMENDMENT TO THE FOREIGN AGENTS REGISTRATION ACT (P.L. 
                      75-583).

    Strike section 11 of the Foreign Agents Registration Act of 
1938, <<NOTE: 22 USC 621.>>  as amended, and insert in lieu thereof the 
following:

    ``Section 11. Reports to the Congress.--The Attorney General shall 
every six months report to the Congress concerning administration of 
this Act, including registrations filed pursuant to the Act, and the 
nature, sources and content of political propaganda disseminated and 
distributed.''.
SEC. 20. DISCLOSURE OF THE VALUE OF ASSETS UNDER THE ETHICS IN 
                      GOVERNMENT ACT OF 1978.

    (a) Income.--Section 102(a)(1)(B) of the Ethics in Government Act of 
1978 <<NOTE: 5 USC app. 102.>> is amended--
            (1) in clause (vii) by striking ``or''; and
            (2) by striking clause (viii) and inserting the following:
                    ``(viii) greater than $1,000,000 but not more than 
                $5,000,000, or
                    ``(ix) greater than $5,000,000.''.

    (b) Assets and Liabilities.--Section 102(d)(1) of the Ethics in 
Government Act of 1978 is amended--
            (1) in subparagraph (F) by striking ``and''; and
            (2) by striking subparagraph (G) and inserting the 
        following:
                    ``(G) greater than $1,000,000 but not more than 
                $5,000,000;
                    ``(H) greater than $5,000,000 but not more than 
                $25,000,000;
                    ``(I) greater than $25,000,000 but not more than 
                $50,000,000; and
                    ``(J) greater than $50,000,000.''.

    (c) Exception.--Section 102(e)(1) of the Ethics in Government Act of 
1978 is amended by adding after subparagraph (E) the following:
                    ``(F) For purposes of this section, categories with 
                amounts or values greater than $1,000,000 set forth in 
                sections 102(a)(1)(B) and 102(d)(1) shall apply to the 
                income, assets, or liabilities of spouses and dependent 
                children only if the income, assets, or liabilities are 
                held jointly with the reporting individual. All other 
                income, assets, or liabilities of the spouse or 
                dependent children required to be reported under this 
                section in an amount or value greater than $1,000,000 
                shall be categorized only as an amount or value greater 
                than $1,000,000.''.
SEC. 21. BAN ON TRADE REPRESENTATIVE REPRESENTING OR ADVISING 
                      FOREIGN ENTITIES.

    (a) Representing after Service.--Section 207(f)(2) of title 18, 
United States Code, is amended by--
            (1) inserting ``or Deputy United States Trade 
        Representative'' after ``is the United States Trade 
        Representative''; and
            (2) striking ``within 3 years'' and inserting ``at any 
        time''.

    (b) Limitation on Appointment as United States Trade Representative 
and Deputy United States Trade Representative.--Section 141(b) of the 
Trade Act of 1974 (19 U.S.C. 2171(b)) is amended by adding at the end 
the following new paragraph:
            ``(3) Limitation on appointments.--A person who has directly 
        represented, aided, or advised a foreign entity (as defined by 
        section 207(f)(3) of title 18, United States Code) in any trade 
        negotiation, or trade dispute, with the United States may not be 
        appointed as United States Trade Representative or as a Deputy 
        United States Trade Representative.''.

    (c) <<NOTE: 18 USC 207 note.>> Effective Date.--The amendments made 
by this section shall apply with respect to an individual appointed as 
United States Trade Representative or as a Deputy United States Trade 
Representative on or after the date of enactment of this Act.
SEC. 22. FINANCIAL DISCLOSURE OF INTEREST IN QUALIFIED BLIND 
                      TRUST.

    (a) In General.--Section 102(a) of the Ethics in Government Act of 
1978 <<NOTE: 5 USC app. 102.>> is amended by adding at the end thereof 
the following:
            ``(8) The category of the total cash value of any interest 
        of the reporting individual in a qualified blind trust, unless 
        the trust instrument was executed prior to July 24, 1995 and 
        precludes the beneficiary from receiving information on the 
        total cash value of any interest in the qualified blind 
        trust.''.

    (b) Conforming Amendment.--Section 102(d)(1) of the Ethics in 
Government Act of 1978 is amended by striking ``and (5) and inserting 
``(5), and (8)''.
    (c) <<NOTE: 5 USC app. 102 note.>> Effective Date.--The amendment 
made by this section shall apply with respect to reports filed under 
title I of the Ethics in Government Act of 1978 for calendar year 1996 
and thereafter.
SEC. 23.  <<NOTE: 2 USC 1612.>> SENSE OF THE SENATE THAT LOBBYING 
                      EXPENSES SHOULD REMAIN NONDEDUCTIBLE.

    (a) Findings.--The Senate finds that ordinary Americans generally 
are not allowed to deduct the costs of communicating with their elected 
representatives.
    (b) Sense of the Senate.--It is the sense of the Senate that 
lobbying expenses should not be tax deductible.

SEC. 24. <<NOTE: 2 USC 1601 note.>> EFFECTIVE DATES.

    (a) Except as otherwise provided in this section, this Act and the 
amendments made by this Act shall take effect on January 1, 1996.
    (b) The repeals and amendments made under sections 9, 10, 11, and 12 
shall take effect as provided under subsection (a), except that such 
repeals and amendments--
            (1) shall not affect any proceeding or suit commenced before 
        the effective date under subsection (a), and in all such 
        proceedings or suits, proceedings shall be had, appeals taken, 
        and judgments rendered in the same manner and with the same 
        effect as if this Act had not been enacted; and
            (2) shall not affect the requirements of Federal agencies to 
        compile, publish, and retain information filed or received 
        before the effective date of such repeals and amendments.

    Approved December 19, 1995.

LEGISLATIVE HISTORY--S. 1060 (H.R. 2564) (S. 101):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 104-339, Pt. 1, accompanying H.R. 2564 (Comm. on the 
Judiciary).
CONGRESSIONAL RECORD, Vol. 141 (1995):
            July 24, 25, considered and passed Senate.
            Nov. 16, 28, 29, H.R. 2564 considered and passed House; S. 
                1060 passed in lieu.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):
            Nov. 19, Presidential statement.

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