[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 115 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      November 9, 1995.
      Resolved, That the resolution from the House of Representatives 
(H.J. Res. 115) entitled ``Joint resolution making further continuing 
appropriations for the fiscal year 1996, and for other purposes'' do 
pass with the following

                              AMENDMENTS:

(1)Page 2, line 20, after ``1948,'' insert: section 313 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236),

(2)Page 10, line 19, after ``resolution.'' insert: Included in the 
apportionment for the Federal Payment to the District of Columbia shall 
be an additional $15,000,000 above the amount otherwise made available 
by this joint resolution, for purposes of certain capital construction 
loan repayments pursuant to Public Law 85-451, as amended.

(3)Page 15, strike out line 1 and all that follows over to and 
including line 7 on page 36, and insert:

                               TITLE III

 prohibition on subsidizing political organizations with taxpayer funds

    Sec. 301. (a) Limitations.--(1) Notwithstanding any other provision 
of law, any organization receiving Federal grants in an amount that, in 
the aggregate, is greater than $125,000 in the most recent Federal 
fiscal year, shall be subject to the limitations on lobbying activity 
expenditures under section 4911(c)(2)(B) of the Internal Revenue Code 
of 1986, except that, if exempt purpose expenditures are over 
$17,000,000 then the organization shall also be subject to a limitation 
on lobbying of 1 percent of the excess of the exempt purpose 
expenditures over $17,000,000 unless otherwise subject to section 
4911(c)(2)(A) based on an election made under section 501(h) of the 
Internal Revenue Code of 1986.
    (2) An organization described in section 501(c)(4) of the Internal 
Revenue Code of 1986 that engaged in lobbying activities during the 
organization's previous taxable year shall not be eligible to receive 
Federal funds constituting a taxpayer subsidized grant. This paragraph 
shall not apply to organizations described in section 501(c)(4) with 
gross annual revenues of less than $3,000,000 in such previous taxable 
year, including Federal funds received as a taxpayer subsidized grant.
    (b) Definitions.--For the purposes of this title:
            (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) Grant.--The term ``grant'' means the provision of any 
        Federal funds, appropriated under this or any other Act, to 
        carry out a public purpose of the United States, except--
                    (A) the provision of funds for acquisition (by 
                purchase, lease, or barter) of property or services for 
                the direct benefit or use of the United States;
                    (B) the payments of loans, debts, or entitlements;
                    (C) the provision of funds to, or distribution of 
                funds by, a Federal court established under Article I 
                or III of the Constitution of the United States;
                    (D) nonmonetary assistance provided by the 
                Department of Veterans Affairs to organizations 
                approved or recognized under section 5902 of title 38, 
                United States Code; and
                    (E) the provision of grant and scholarship funds to 
                students for educational purposes.
            (8) 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.
            (9) 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.
            (10) 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.
            (11) 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.
            (12) 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.
            (13) Member of congress.--The term ``Member of Congress'' 
        means a Senator or a Representative in, or Delegate or Resident 
        Commissioner to, the Congress.
            (14) Organization.--The term ``organization'' means a 
        person or entity other than an individual.
            (15) 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.
            (16) 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.
            (17) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.

                        disclosure requirements

    Sec. 302. (a) In General.--Not later than December 31 of each year, 
each taxpayer subsidized grantee, except an individual person, shall 
provide (via either electronic or paper medium) to each Federal entity 
that awarded or administered its taxpayer subsidized grant an annual 
report for the previous Federal fiscal year, certified by the taxpayer 
subsidized grantee's chief executive officer or equivalent person of 
authority, setting forth--
            (1) the taxpayer subsidized grantee's name and grantee 
        identification number;
            (2) a statement that the taxpayer subsidized grantee agrees 
        that it is, and shall continue to be, contractually bound by 
        the terms of this title as a condition of the continued receipt 
        and use of Federal funds; and
            (3)(A) a statement that the taxpayer subsidized grantee 
        spent less than $25,000 on lobbying activities in the grantee's 
        most recent taxable year; or
            (B)(i) the amount or value of the taxpayer subsidized grant 
        (including all administrative and overhead costs awarded);
            (ii) a good faith estimate of the grantee's actual expenses 
        on lobbying activities in the most recent taxable year; and
            (iii) a good faith estimate of the grantee's allowed 
        expenses on lobbying activities under section 301 of this Act.

                         public accountability

    Sec. 303. (a) Public Availability of Lobbying Disclosure Forms.--
Any Federal entity awarding a taxpayer subsidized grant shall make 
publicly available any taxpayer subsidized grant application, and the 
annual report of a taxpayer subsidized grantee provided under section 
302 of this Act.
    (b) Accessibility to Public.--The public's access to the documents 
identified in subsection (a) shall be facilitated by placement of such 
documents in the Federal entity's public document reading room and also 
by expediting any requests under section 552 of title 5, United States 
Code, the Freedom of Information Act as amended, ahead of any requests 
for other information pending at such Federal entity.
    (c) Withholding Prohibited.--Records described in subsection (a) 
shall not be subject to withholding, except under the exemption set 
forth in subsection (b)(7)(A) of section 552 of title 5, United States 
Code.
    (d) Fees Prohibited.--No fees for searching for or copying such 
documents shall be charged to the public.
    (e) Effective Date.--The amendments made by this title shall become 
effective January 4, 1996.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                             H. J. Res. 115

_______________________________________________________________________

                               AMENDMENTS

HJ 115 EAS----2
HJ 115 EAS----3
HJ 115 EAS----4
HJ 115 EAS----5