[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1060 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  1st Session
                                S. 1060

_______________________________________________________________________

                                 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 
        (6).

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,'';
            (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); and
            (9) in section 11 (22 U.S.C. 621) by striking ``, including 
        the nature, sources, and content of political propaganda 
        disseminated or distributed''.

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(7) 
        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(7) 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), 5(a)(2), 
        and 5(b)(4); and
            (2) in lieu of using the definition of ``lobbying 
        activities'' in section 3(8) 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), 5(a)(2), and 
        5(b)(4); and
            (2) in lieu of using the definition of ``lobbying 
        activities'' in section 3(8) 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(8) 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.--
            (1) In general.--Except as provided in paragraph (2), 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 13, 14, 15, and 
16 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.
            Passed the Senate July 25 (legislative day, July 10), 1995.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                                S. 1060

_______________________________________________________________________

                                 AN ACT

 To provide for the disclosure of lobbying activities to influence the 
              Federal Government, and for other purposes.
S 1060 ES----2
S 1060 ES----3
S 1060 ES----4
S 1060 ES----5