[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1060 Enrolled Bill (ENR)]

        S.1060

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
  the fourth day of January, one thousand nine hundred and ninety-five


                                 An Act


 
 To provide for the disclosure of lobbying activities to influence the 
               Federal Government, and for other purposes.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. 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. 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. 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. 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. 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) 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. 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. 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--
            (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. 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. 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. 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) 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) 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) 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. 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, 
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 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) 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 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) 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. 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. 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.