[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1060 Placed on Calendar Senate (PCS)]
Calendar No. 151
104th CONGRESS
1st Session
S. 1060
_______________________________________________________________________
A BILL
To provide for the disclosure of lobbying activities to influence the
Federal Government, and for other purposes.
_______________________________________________________________________
July 21 (legislative day, July 10), 1995
Read twice and ordered to be placed on the calendar
Calendar No. 151
104th CONGRESS
1st Session
S. 1060
To provide for the disclosure of lobbying activities to influence the
Federal Government, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21 (legislative day, July 10), 1995
Mr. Levin (for himself, Mr. Cohen, Mr. Glenn, Mr. Wellstone, Mr.
Lautenberg, Mr. Feingold, and Mr. Baucus) introduced the following
bill; which was read twice and ordered to be placed on the calendar
_______________________________________________________________________
A BILL
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 officer or employee serving in a Senior
Executive Service position, as defined in section
3132(a)(2) of title 5, United States Code;
(F) 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
(G) 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) Director.--The term ``Director'' means the Director of
the Office of Lobbying Registration and Public Disclosure.
(6) 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.
(7) 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)).
(8) Lobbying activities.--The term ``lobbying activities''
means lobbying contacts and efforts in support of such
contacts, including preparation and planning activities,
research and other background work that is intended, at the
time it is performed, for use in contacts, and coordination
with the lobbying activities of others. Lobbying activities
also include efforts to stimulate grassroots lobbying, as
described in section 4911(d)(1)(A) of the Internal Revenue Code
of 1986, to the extent that such communications are made in
support of a lobbying contact by a registered lobbyist. A
communication in support of a lobbying contact is a lobbying
activity even if the communication is excluded from the
definition of ``lobbying contact'' under paragraph (9)(B).
(9) Lobbying contact.--
(A) Definition.--The term ``lobbying contact''
means any oral or written communication (including an
electronic communication) to a covered executive branch
official or a covered legislative branch official that
is made on behalf of a client with regard to--
(i) the formulation, modification, or
adoption of Federal legislation (including
legislative proposals);
(ii) the formulation, modification, or
adoption of a Federal rule, regulation,
Executive order, or any other program, policy,
or position of the United States Government;
(iii) the administration or execution of a
Federal program or policy (including the
negotiation, award, or administration of a
Federal contract, grant, loan, permit, or
license), except that this clause does not
include communications that are made to any
covered executive branch official--
(I) who is serving in a Senior
Executive Service position described in
paragraph (3)(E); or
(II) who is a member of the
uniformed services whose pay grade is
lower than O-9 under section 201 of
title 37, United States Code,
in the agency responsible for taking such
administrative or executive action; 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 widely
distributed 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 a written request by a covered
executive branch official or a covered
legislative branch official for specific
information;
(ix) required by subpoena, civil
investigative demand, or otherwise compelled by
statute, regulation, or other action of the
Congress or an agency;
(x) made in response to a notice in the
Federal Register, Commerce Business Daily, or
other similar publication soliciting
communications from the public and directed to
the agency official specifically designated in
the notice to receive such communications;
(xi) not possible to report without
disclosing information, the unauthorized
disclosure of which is prohibited by law;
(xii) made to an official in an agency with
regard to--
(I) a judicial proceeding or a
criminal or civil law enforcement
inquiry, investigation, or proceeding;
or
(II) a filing or proceeding that
the Government is specifically required
by statute or regulation to maintain or
conduct on a confidential basis,
if that agency is charged with responsibility
for such proceeding, inquiry, investigation, or
filing;
(xiii) made in compliance with written
agency procedures regarding an adjudication
conducted by the agency under section 554 of
title 5, United States Code, or substantially
similar provisions;
(xiv) a written comment filed in the course
of a public proceeding or any other
communication that is made on the record in a
public proceeding;
(xv) a petition for agency action made in
writing and required to be a matter of public
record pursuant to established agency
procedures;
(xvi) made on behalf of an individual with
regard to that individual's benefits,
employment, or other personal matters involving
only that individual, except that this clause
does not apply to any communication with--
(I) a covered executive branch
official, or
(II) a covered legislative branch
official (other than the individual's
elected Members of Congress or
employees who work under such Members'
direct supervision),
with respect to the formulation, modification,
or adoption of private legislation for the
relief of that individual;
(xvii) a disclosure by an individual that
is protected under the amendments made by the
Whistleblower Protection Act of 1989, under the
Inspector General Act of 1978, or under another
provision of law;
(xviii) made by--
(I) a church, its integrated
auxiliary, or a convention or
association of churches that is exempt
from filing a Federal income tax return
under paragraph 2(A)(i) of section
6033(a) of the Internal Revenue Code of
1986, or
(II) a religious order that is
exempt from filing a Federal income tax
return under paragraph (2)(A)(iii) of
such section 6033(a); and
(xix) between--
(I) officials of a self-regulatory
organization (as defined in section
3(a)(26) of the Securities Exchange
Act) that is registered with or
established by the Securities and
Exchange Commission as required by that
Act or a similar organization that is
designated by or registered with the
Commodities Future Trading Commission
as provided under the Commodity
Exchange Act; and
(II) the Securities and Exchange
Commission or the Commodities Future
Trading Commission, respectively;
relating to the regulatory responsibilities of
such organization under that Act.
(10) Lobbying firm.--The term ``lobbying firm'' means a
person or entity that has 1 or more employees who are lobbyists
on behalf of a client other than that person or entity. The
term also includes a self-employed individual who is a
lobbyist.
(11) Lobbyist.--The term ``lobbyist'' means any individual
who is employed or retained by a client for financial or other
compensation for services that include 1 or more lobbying
contacts, other than an individual whose lobbying activities
constitute less than 10 percent of the time engaged in the
services provided by such individual to that client.
(12) Media organization.--The term ``media organization''
means a person or entity engaged in disseminating information
to the general public through a newspaper, magazine, other
publication, radio, television, cable television, or other
medium of mass communication.
(13) Member of congress.--The term ``Member of Congress''
means a Senator or a Representative in, or Delegate or Resident
Commissioner to, the Congress.
(14) Organization.--The term ``organization'' means a
person or entity other than an individual.
(15) Person or entity.--The term ``person or entity'' means
any individual, corporation, company, foundation, association,
labor organization, firm, partnership, society, joint stock
company, group of organizations, or State or local government.
(16) Public official.--The term ``public official'' means
any elected official, appointed official, or employee of--
(A) a Federal, State, or local unit of government
in the United States other than--
(i) a college or university;
(ii) a government-sponsored enterprise (as
defined in section 3(8) of the Congressional
Budget and Impoundment Control Act of 1974);
(iii) a public utility that provides gas,
electricity, water, or communications;
(iv) a guaranty agency (as defined in
section 435(j) of the Higher Education Act of
1965 (20 U.S.C. 1085(j))), including any
affiliate of such an agency; or
(v) an agency of any State functioning as a
student loan secondary market pursuant to
section 435(d)(1)(F) of the Higher Education
Act of 1965 (20 U.S.C. 1085(d)(1)(F));
(B) a Government corporation (as defined in section
9101 of title 31, United States Code);
(C) an organization of State or local elected or
appointed officials other than officials of an entity
described in clause (i), (ii), (iii), (iv), or (v) of
subparagraph (A);
(D) an Indian tribe (as defined in section 4(e) of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e));
(E) a national or State political party or any
organizational unit thereof; or
(F) a national, regional, or local unit of any
foreign government.
(17) State.--The term ``State'' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
SEC. 4. REGISTRATION OF LOBBYISTS.
(a) Registration.--
(1) General rule.--No later than 30 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 Office of
Lobbying Registration and Public Disclosure.
(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
$2,500; 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 $5,000,
(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 be in such form as the Director shall prescribe by regulation and
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 $5,000 toward the
lobbying activities of the registrant in a semiannual
period described in section 5(a); and
(B) participates significantly in the planning,
supervision, or control of such lobbying activities;
(4) the name, address, principal place of business, amount
of any contribution of more than $5,000 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 Director and terminate its registration.
SEC. 5. REPORTS BY REGISTERED LOBBYISTS.
(a) Semiannual Report.--
(1) In general.--No later than 30 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 Office of Lobbying Registration and Public Disclosure
on its lobbying activities during such semiannual period. A
separate report shall be filed for each client of the
registrant.
(2) Exemption.--
(A) General rule.--Any registrant whose--
(i) total income for a particular client
for matters that are related to lobbying
activities on behalf of that client (in the
case of a lobbying firm), does not exceed and
is not expected to exceed $2,500; or
(ii) total expenses in connection with
lobbying activities (in the case of a
registrant whose employees engage in lobbying
activities on its own behalf) do not exceed and
are not expected to exceed $5,000,
in a semiannual period (as estimated under paragraph
(3) or (4) of subsection (b) or paragraph (4) of
subsection (c), as applicable) is deemed to be inactive
during such period and may comply with the reporting
requirements of this section by so notifying the
Director in such form as the Director may prescribe.
(B) Adjustment.--The dollar amounts in subparagraph
(A) shall be adjusted as provided in section
4(a)(3)(B).
(b) Contents of Report.--Each semiannual report filed under
subsection (a) shall be in such form as the Director shall prescribe by
regulation and 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 regulatory actions, programs, projects,
contracts, grants, and loans;
(B) a statement of the Houses and committees 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) $100,000 or less.--Income or expenses of $100,000 or
less shall be estimated in accordance with the following
categories:
(A) $10,000 or less.
(B) More than $10,000 but not more than $20,000.
(C) More than $20,000 but not more than $50,000.
(D) More than $50,000 but not more than $100,000.
(2) More than $100,000 but not more than $500,000.--Income
or expenses in excess of $100,000 but not more than $500,000
shall be estimated and rounded to the nearest $50,000.
(3) More than $500,000.--Income or expenses in excess of
$500,000 shall be estimated and rounded to the nearest
$100,000.
(4) Construction.--In estimating total income or expenses
under this section, a registrant is not required to include--
(A) the value of contributed services for which no
payment is made; or
(B) the expenses for services provided by an
independent contractor of the registrant who is
separately registered under this Act.
(d) Contacts.--
(1) Contacts with committees.--For purposes of subsection
(b)(2), any contact with a member of a committee of Congress,
an employee of a committee of Congress, or an employee of a
member of a committee of Congress regarding a matter within the
jurisdiction of such committee shall be considered to be a
contact with the committee.
(2) Contacts with house of congress.--For purposes of
subsection (b)(2), any contact with a Member of Congress or an
employee of a Member of Congress regarding a matter that is not
within the jurisdiction of a committee of Congress of which
that Member is a member shall be considered to be a contact
with the House of Congress of that Member.
(3) Contacts with federal agencies.--For purposes of
subsection (b)(2), any contact with a covered executive branch
official shall be considered to be a contact with the Federal
agency that employs that official, except that a contact with a
covered executive branch official who is detailed to another
Federal agency or to the Congress shall be considered to be a
contact with the Federal agency or with the committee of
Congress or House of Congress to which the official is
detailed.
(e) Extension for Filing.--The Director may grant an extension of
time of not more than 30 days for the filing of any report under this
section, upon the request of the registrant, for good cause shown.
SEC. 6. PROHIBITION ON GIFTS BY LOBBYISTS, LOBBYING FIRMS, AND AGENTS
OF FOREIGN PRINCIPALS.
(a) In General.--
(1) Prohibition.--No lobbyist or lobbying firm registered
under this Act and no agent of a foreign principal registered
under the Foreign Agents Registration Act may provide a gift,
directly or indirectly, to any covered legislative branch
official.
(2) Definition.--For purposes of this section--
(A) the term ``gift'' means any gratuity, favor,
discount, entertainment, hospitality, loan,
forbearance, or other item having monetary value and
such term includes gifts of services, training,
transportation, lodging, and meals, whether provided in
kind, by purchase of a ticket, payment in advance, or
reimbursement after the expense has been incurred; and
(B) a gift to the spouse or dependent of a covered
legislative branch official (or a gift to any other
individual based on that individual's relationship with
the covered legislative branch official) shall be
considered a gift to the covered legislative branch
official if it is given with the knowledge and
acquiescence of the covered legislative branch official
and is given because of the official position of the
covered legislative branch official.
(b) Gifts.--The prohibition in subsection (a) includes the
following:
(1) Anything provided by a lobbyist or a foreign agent
which is paid for, charged to, or reimbursed by a client or
firm of such lobbyist or foreign agent.
(2) Anything provided by a lobbyist, a lobbying firm, or a
foreign agent to an entity that is maintained or controlled by
a covered legislative branch official.
(3) A charitable contribution (as defined in section 170(c)
of the Internal Revenue Code of 1986) made by a lobbyist, a
lobbying firm, or a foreign agent on the basis of a
designation, recommendation, or other specification of a
covered legislative branch official (not including a mass
mailing or other solicitation directed to a broad category of
persons or entities).
(4) A contribution or other payment by a lobbyist, a
lobbying firm, or a foreign agent to a legal expense fund
established for the benefit of a covered legislative branch
official or a covered executive branch official.
(5) A charitable contribution (as defined in section 170(c)
of the Internal Revenue Code of 1986) made by a lobbyist, a
lobbying firm, or a foreign agent in lieu of an honorarium to a
covered legislative branch official.
(6) A financial contribution or expenditure made by a
lobbyist, a lobbying firm, or a foreign agent relating to a
conference, retreat, or similar event, sponsored by or
affiliated with an official congressional organization, for or
on behalf of covered legislative branch officials.
(c) Not Gifts.--The following are not gifts subject to the
prohibition in subsection (a):
(1) Anything for which the recipient pays the market value,
or does not use and promptly returns to the donor.
(2) A contribution, as defined in the Federal Election
Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully
made under that Act, or attendance at a fundraising event
sponsored by a political organization described in section
527(e) of the Internal Revenue Code of 1986.
(3) Food or refreshments of nominal value offered other
than as part of a meal.
(4) Benefits resulting from the business, employment, or
other outside activities of the spouse of a covered legislative
branch official, if such benefits are customarily provided to
others in similar circumstances.
(5) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan
maintained by a former employer.
(6) Informational materials that are sent to the office of
a covered legislative branch official in the form of books,
articles, periodicals, other written materials, audiotapes,
videotapes, or other forms of communication.
(d) Gifts Given for a Nonbusiness Purpose and Motivated by Family
Relationship or Close Personal Friendship.--
(1) In general.--A gift given by an individual under
circumstances which make it clear that the gift is given for a
nonbusiness purpose and is motivated by a family relationship
or close personal friendship and not by the position of the
covered legislative branch official shall not be subject to the
prohibition in subsection (a).
(2) Nonbusiness purpose.--A gift shall not be considered to
be given for a nonbusiness purpose if the individual giving the
gift seeks--
(A) to deduct the value of such gift as a business
expense on the individual's Federal income tax return,
or
(B) direct or indirect reimbursement or any other
compensation for the value of the gift from a client or
employer of such lobbyist or foreign agent.
(3) Family relationship or close personal friendship.--In
determining if the giving of a gift is motivated by a family
relationship or close personal friendship, at least the
following factors shall be considered:
(A) The history of the relationship between the
individual giving the gift and the recipient of the
gift, including whether or not gifts have previously
been exchanged by such individuals.
(B) Whether the gift was purchased by the
individual who gave the item.
(C) Whether the individual who gave the gift also
at the same time gave the same or
similar gifts to other covered legislative branch
officials.
SEC. 7. OFFICE OF LOBBYING REGISTRATION AND PUBLIC DISCLOSURE.
(a) Establishment and Director.--
(1) Establishment.--There is established an executive
agency to be known as the Office of Lobbying Registration and
Public Disclosure.
(2) Director.--(A) The Office shall be headed by a
Director, who shall be appointed by the President, by and with
the advice and consent of the Senate.
(B) The Director shall be an individual who, by
demonstrated ability, background, training, and experience, is
qualified to carry out the functions of the position. The term
of service of the Director shall be 5 years. The Director may
be removed for cause.
(C) Section 5316 of title 5, United States Code, is amended
by adding at the end the following: ``Director of the Office of
Lobbying Registration and Public Disclosure''.
(b) Administrative Powers.--The Director may--
(1) appoint officers and employees, including attorneys, in
accordance with chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, define their duties and
responsibilities, and direct and supervise their activities;
(2) contract for financial and administrative services
(including those related to budget and accounting, financial
reporting, personnel, and procurement) with the General
Services Administration, or such Federal agency as the Director
determines appropriate, for which payment shall be made in
advance or by reimbursement from funds of the Office in such
amounts as may be agreed upon by the Director and the head of
the agency providing such services, but the contract authority
under this paragraph shall be effective for any fiscal year
only to the extent that appropriations are available for that
purpose;
(3) request the head of any Federal department or agency
(who is hereby so authorized) to detail to temporary duties
with the Office such personnel within the agency head's
administrative jurisdiction as the Office may need for carrying
out its functions under this Act, with or without
reimbursement;
(4) request agency heads to provide information needed by
the Office, which information shall be supplied to the extent
permitted by law;
(5) utilize, with their consent, the services and
facilities of Federal agencies with or without reimbursement;
(6) accept, use, and dispose of gifts or donations of
services or property, real, personal, or mixed, tangible or
intangible, for purposes of aiding or facilitating the work of
the Office; and
(7) use the United States mails in the same manner and
under the same conditions as other departments and agencies of
the United States.
(c) Cooperation With Other Governmental Agencies.--In order to
avoid unnecessary expense and duplication of function among Government
agencies, the Office may make such arrangements or agreements for
cooperation or mutual assistance in the performance of its functions
under this Act as is practicable and consistent with law. The head of
the General Services Administration and each department, agency, or
establishment of the United States shall cooperate with the Office and,
to the extent permitted by law, provide such information, services,
personnel, and facilities as the Office may request for its assistance
in the performance of its functions under this Act.
(d) Duties.--The Director shall--
(1) after notice and a reasonable opportunity for public
comment, and consultation with the Secretary of the Senate, the
Clerk of the House of Representatives, and the Administrative
Conference of the United States, prescribe such regulations,
penalty guidelines, and forms as are necessary to carry out
this Act;
(2) provide guidance and assistance on the registration and
reporting requirements of this Act, including--
(A) providing information to all registrants at the
time of registration about the obligations of
registered lobbyists under this Act, and
(B) issuing published decisions and advisory
opinions;
(3) review the registrations and reports filed under this
Act and make such verifications or inquiries as are necessary
to ensure the completeness, accuracy, and timeliness of the
registrations and reports;
(4) develop filing, coding, and cross-indexing systems to
carry out the purposes of this Act, including--
(A) a publicly available list of all registered
lobbyists and their clients; and
(B) computerized systems designed to minimize the
burden of filing and maximize public access to
materials filed under this Act;
(5) ensure that the computer systems developed pursuant to
paragraph (4)--
(A) allow the materials filed under this Act to be
accessed by the client name, lobbyist name, and
registrant name;
(B) are compatible with computer systems developed
and maintained by the Federal Election Commission, and
that information filed in the two systems can be
readily cross-referenced; and
(C) are compatible with computer systems developed
and maintained by the Secretary of the Senate and the
Clerk of the House of Representatives;
(6) make copies of each registration and report filed under
this Act available to the public, upon the payment of
reasonable fees, not to exceed the cost of such copies, as
determined by the Director, in written and electronic formats,
as soon as practicable after the date on which such
registration or report is received;
(7) preserve the originals or accurate reproduction of--
(A) registrations filed under this Act for a period
that ends not less than 3 years after the termination
of the registration under section 4(d); and
(B) reports filed under this Act for a period that
ends not less than 3 years after the date on which the
report is received;
(8) maintain a computer record of--
(A) the information contained in registrations for
a period that ends not less than 5 years after the
termination of the registration under section 4(d); and
(B) the information contained in reports filed
under this Act for a period that ends not less than 5
years after the date on which the reports are received;
(9) compile and summarize, with respect to each semiannual
period, the information contained in registrations and reports
filed with respect to such period in a manner which clearly
presents the extent and nature of expenditures on lobbying
activities during such period;
(10) make information compiled and summarized under
paragraph (9) available to the public in electronic and hard
copy formats as soon as practicable after the close of each
semiannual filing period;
(11) provide, by computer telecommunication or other
transmittal in a form accessible by computer, to the Secretary
of the Senate and the Clerk of the House of Representatives
copies of all registrations and reports received under sections
4 and 5 and all compilations, cross-indexes, and summaries of
such registrations and reports, as soon as practicable (but not
later than 3 working days) after such material is received or
created;
(12) make available to the public a list of all persons
whom the Director determines, under section 9 (after exhaustion
of all appeals under section 11) to have committed a major or
minor violation of this Act and submit such list to the
Congress as part of the report provided for under paragraph
(13);
(13) make available to the public upon request and transmit
to the President, the Secretary of the Senate, the Clerk of the
House of Representatives, the Committee on Governmental Affairs
of the Senate, and the Committee on the Judiciary of the House
of Representatives a report, not later than March 31 of each
year, describing the activities of the Office and the
implementation of this Act, including--
(A) a financial statement for the preceding fiscal
year;
(B) a summary of the registrations and reports
filed with the Office with respect to the preceding
calendar year;
(C) a summary of the registrations and reports
filed on behalf of foreign entities with respect to the
preceding calendar year; and
(D) recommendations for such legislative or other
action as the Director considers appropriate; and
(14) study the appropriateness of the definition of
``public official'' under section 3(17) and make
recommendations for any change in such definition in the first
report filed pursuant to paragraph (13).
SEC. 8. INITIAL PROCEDURE FOR ALLEGED VIOLATIONS.
(a) Allegation of a Violation.--Whenever the Office of Lobbying
Registration and Public Disclosure has reason to believe that a person
or entity may be in violation of the requirements of this Act, the
Director shall notify the person or entity in writing of the nature of
the alleged violation and provide an opportunity for the person or
entity to respond in writing to the allegation within 30 days after the
notification is sent or such longer period as the Director may
determine appropriate in the circumstances.
(b) Initial Determination.--
(1) In general.--If the person or entity responds within
the period described in the notification under subsection (a),
the Director shall--
(A) issue a written determination that the person
or entity has not violated this Act if the person or
entity provides adequate information or explanation to
make such determination; or
(B) make a formal request for information under
subsection (c) or a notification under section 9(a), if
the information or explanation provided is not adequate
to make a determination under subparagraph (A).
(2) Written decision.--If the Director makes a
determination under paragraph (1)(A), the Director shall issue
a public written decision in accordance with section 10.
(c) Formal Request for Information.--If a person or entity fails to
respond in writing within the period described in the notification
under subsection (a) or the response is not adequate to determine
whether such person or entity has violated this Act, the Director may
make a formal request for specific additional written information
(subject to applicable privileges) that is reasonably necessary for the
Director to make such determination. Each such request shall be
structured to minimize any burden imposed, consistent with the need to
determine whether the person or entity is in compliance with this Act,
and shall--
(1) state the nature of the conduct constituting the
alleged violation which is the basis for the inquiry and the
provision of law applicable thereto;
(2) describe the class or classes of material to be
produced pursuant to the request with such definiteness and
certainty as to permit such material to be readily identified;
and
(3) prescribe a return date or dates which provide a
reasonable period of time within which the person or entity may
assemble and make available for inspection and copying or
reproduction the material so requested.
SEC. 9. DETERMINATIONS OF VIOLATIONS.
(a) Notification and Hearing.--If the information provided to the
Director under section 8 indicates that a person or entity may have
violated this Act, the Director shall--
(1) notify the person or entity in writing of this finding
and, if appropriate, a proposed penalty assessment and provide
such person or entity with an opportunity to respond in writing
within 30 days after the notice is sent; and
(2) if requested in writing by that person or entity within
that 30-day period, afford the person or entity an opportunity
for a hearing on the record under the provisions of section 554
of title 5, United States Code.
(b) Determination.--Upon the receipt of a written response under
subsection (a)(1) when no hearing under subsection (a)(2) is requested,
upon the completion of a hearing requested under subsection (a)(2), or
upon the expiration of 30 days in a case in which no such written
response is received, the Director shall review the information
received under section 8 and this section (including evidence presented
at any such hearing) and make a final determination whether there was a
violation and a final determination of the penalty, if any. If no
written response was received under this section within the 30-day
period provided, the determination and penalty assessment shall
constitute a final order not subject to appeal.
(c) Written Decision.--
(1) Determination of violation.--If the Director makes a
final determination under subsection (b) that there was a
violation, the Director
shall issue a written decision in accordance with section 10--
(A) directing the person or entity to correct the
violation; and
(B) assessing a civil monetary penalty--
(i) in the case of a minor violation, which
shall be no more than $10,000, depending on the
extent and gravity of the violation;
(ii) in the case of a major violation,
which shall be more than $10,000, but no more
than $100,000, depending on the extent and
gravity of the violation;
(iii) in the case of a late registration or
filing, which shall be $200 for each week by
which the registration or filing was late,
unless the Director determines that the failure
to timely register or file constitutes a major
violation (as defined under subsection (e)(2))
in which case the
amount shall be as prescribed by clause (ii);
or
(iv) in the case of a failure to provide
information requested by the Director pursuant
to section 8(c), which shall be no more than
$10,000, depending on the extent and gravity of
the violation, except that no penalty shall be
assessed if the Director determines that the
violation was the result of a good faith
dispute over the validity or appropriate scope
of a request for information.
(2) Determination of no violation or insufficient
evidence.--If the Director determines that no violation
occurred or there was not sufficient evidence that a violation
occurred, the Director shall issue a written decision in
accordance with section 10.
(d) Civil Injunctive Relief.--If a person or entity fails to comply
with a directive to correct a violation under subsection (c), the
Director shall refer the case to the Attorney General to seek civil
injunctive relief in the appropriate court of the United States to
compel such person or entity to comply with such directive.
(e) Penalty Assessments.--
(1) General rule.--No penalty shall be assessed under this
section unless the Director finds that the person or entity
subject to the penalty knew or should have known that such
person or entity was in violation of this Act. In determining
the amount of a penalty to be assessed, the Director shall take
into account the totality of the circumstances, including the
extent and gravity of the violation, whether the violation was
voluntarily admitted and corrected, the extent to which the
person or entity may have profited from the violation, the
ability of the person or entity to pay, and such other matters
as justice may require.
(2) Regulations.--Regulations prescribed by the Director
under section 7 shall define major and minor violations. Major
violations shall be defined to include a failure to register
and any other violation that is extensive or repeated, if the
person or entity who failed to register or committed such other
violation--
(A) had actual knowledge that the conduct
constituted a violation;
(B) acted in deliberate ignorance of the provisions
of this Act or regulations related to the conduct
constituting a violation; or
(C) acted in reckless disregard of the provisions
of this Act or regulations related to the conduct
constituting a violation.
(f) Limitation.--No proceeding shall be initiated under section 8
or this section unless the Director notifies the person or entity who
is to be the subject of the proceeding of the alleged violation within
3 years after the date on which the alleged violation occurred.
SEC. 10. DISCLOSURE OF INFORMATION; WRITTEN DECISIONS.
(a) Disclosure of Information.--Information provided to the
Director pursuant to sections 8 and 9 shall not be made available to
the public without the consent of the person or entity providing the
information, except to the extent that such information may be included
in--
(1) a new or amended report or registration filed under
this Act; or
(2) a written decision issued by the Director under this
section.
(b) Written Decisions.--All written decisions issued by the
Director under sections 8 and 9 shall be made available to the public.
The Director may provide for the publication of a written decision if
the Director determines that publication would provide useful guidance.
Before making a written decision public, the Director--
(1) shall delete information that would identify a person
or entity who was alleged to have violated this Act if--
(A) there was insufficient evidence to determine
that the person or entity violated this Act or the
Director found that person or entity did not violate
this Act, and
(B) the person or entity so requests; and
(2) shall delete information that would identify any other
person or entity (other than a person or entity who was found
to have violated this Act), if the Director determines that
such person or entity could reasonably be expected to be
injured by the disclosure of such information.
SEC. 11. JUDICIAL REVIEW.
(a) Final Decision.--A written decision issued by the Director
under section 9 shall become final 60 days after the date on which the
Director provides notice of the decision, unless such decision is
appealed under subsection (b) of this section.
(b) Appeal.--Any person or entity adversely affected by a written
decision issued by the Director under section 9 may appeal such
decision, except as provided under section 9(b), to the appropriate
United States court of appeals. Such review may be obtained by filing a
written notice of appeal in such court no later than 60 days after the
date on which the Director provides notice of the Director's decision
and by simultaneously sending a copy of such notice of appeal to the
Director. The Director shall file in such court the record upon which
the decision was
issued, as provided under section 2112 of title 28, United States
Code. The findings of fact of the Director shall be conclusive, unless
found to be unsupported by substantial evidence, as provided under
section 706(2)(E) of title 5, United States Code. Any penalty assessed
or other action taken in the decision shall be stayed during the
pendency of the appeal.
(c) Recovery of Penalty.--Any penalty assessed in a written
decision which has become final under this Act may be recovered in a
civil action brought by the Attorney General in an appropriate United
States district court. In any such action, no matter that was raised or
that could have been raised before the Director or pursuant to judicial
review under subsection (b) may be raised as a defense, and the
determination of liability and the determination of amounts of
penalties and assessments shall not be subject to review.
SEC. 12. 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 the Director or 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
Director.
SEC. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal years 1995,
1996, 1997, 1998, and 1999 such sums as may be necessary to carry out
this Act.
SEC. 19. 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. 20. TRANSITIONAL FILING REQUIREMENT.
(a) Simultaneous Filing.--Subject to subsection (b), each
registrant shall transmit simultaneously to the
Secretary of the Senate and the Clerk of the House of Representatives
an identical copy of each registration and report required to be filed
under this Act.
(b) Sunset Provision.--The simultaneous filing requirement under
subsection (a) shall be effective until such time as the Director, in
consultation with the Secretary of the Senate and the Clerk of the
House of Representatives, determines that the Office of Lobbying
Registration and Public Disclosure is able to provide computer
telecommunication or other transmittal of registrations and reports as
required under section 7(b)(11).
(c) Implementation.--The Director, the Secretary of the Senate, and
the Clerk of the House of Representatives shall take such actions as
necessary to ensure that the Office of Lobbying Registration and Public
Disclosure is able to provide computer telecommunication or other
transmittal of registrations and reports as required under
section 7(b)(11) on the effective date of this Act, or as soon
thereafter as reasonably practicable.
SEC. 21. 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 required to account for lobbying
expenditures and does account for lobbying expenditures pursuant 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 Director 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. 22. EFFECTIVE DATES AND INTERIM RULES.
(a) In General.--Except as otherwise provided in this section, this
Act and the amendments made by this Act shall take effect January 1,
1996.
(b) Effective Date of Gift Prohibition.--Section 6 shall take
effect on January 3, 1995. Beginning on that date, and for the
remainder of calendar year 1995, such section shall apply to any gift
provided by a lobbyist or an agent of a foreign principal registered
under the Federal Regulation of Lobbying Act or the Foreign Agents
Registration Act, including any person registered under such Acts as of
July 1, 1994, or thereafter.
(c) Establishment of Office.--Sections 7 and 18 shall take effect
on the date of enactment of this Act.
(d) Repeals and Amendments.--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.
(e) Regulations.--Proposed regulations required to implement this
Act shall be published for public comment no later than 270 days after
the date of the enactment of this Act. No later than 1 year after the
date of the enactment of this Act, final regulations required to
implement this Act shall be published.
(f) Phase-In Period.--No penalty shall be assessed by the Director
under section 9(e) for a violation of this Act, other than for a
violation of section 6, which occurs during the first semiannual
reporting period under section 5 after the effective date prescribed by
subsection (a).
(g) Interim Director.--Within 30 days after the date of the
enactment of this Act, the President shall designate an interim
Director of the Office of Lobbying Registration and Public Disclosure,
who shall serve at the pleasure of the President until a Director of
such Office has been nominated by the President and confirmed by the
Senate. The interim Director may not promulgate final regulations
pursuant to section 7(d) or initiate procedures for alleged violations
pursuant to section 8.
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