[Congressional Record Volume 141, Number 120 (Monday, July 24, 1995)]
[Senate]
[Pages S10573-S10575]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


                    LOBBYING DISCLOSURE ACT OF 1995

                                 ______


                 McCAIN (AND COHEN) AMENDMENT NO. 1836

  Mr. McCAIN (for himself and Mr. Cohen) proposed an amendment to the 
bill (S. 1060) to provide for the disclosure of lobbying activities to 
influence the Federal Government, and for other purposes; as follows:

       On page 5, line 9, strike paragraphs (5) and renumber 
     accordingly.
       On page 6, line 5, strike ``Lobbying activities also 
     include efforts to stimulate grassroots lobbying'' and all 
     that follows through the end of the paragraph and insert in 
     lieu thereof the following:
       ``Lobbying activities do not include grassroots lobbying 
     communications or other communications by volunteers who 
     express their own views on an issue, but do include paid 
     efforts, by the employees or contractors of a person who is 
     otherwise required to register, to stimulate such 
     communications in support of lobbying contacts by a 
     registered lobbyist.''
       On page 8, line 11, strike ``that is widely distributed to 
     the public'' and insert ``that is distributed and made 
     available to the public''.
       On page 9, line 11, strike ``a written request'' and insert 
     ``an oral or written request''.
       On page 13, line 15, strike ``1 or more lobbying contacts'' 
     and insert ``more than one lobbying contact''.
       On page 13, line 17 and 18, strike ``10 percent of the time 
     engaged in the services provided by such individual to that 
     client'' and insert ``20 percent of the time engaged in the 
     services provided by such individual to that client over a 
     six month period''.
       On page 16, line 3, strike ``30 days'' and insert ``45 
     days''.
       On page 16, line 8, strike ``the Office of Lobbying 
     Registration and Public Disclosure'' and insert ``the 
     Secretary of the Senate and the Clerk of the House of 
     Representatives''.
       On page 16, line 23, strike ``$2,500'' and insert 
     ``$5,000''.
       On page 17, line 2, strike ``$5,000'' and insert 
     ``$10,000''.
       On page 17, line 22, strike ``shall be in such form as the 
     Director shall prescribe by regulation and''.
       On page 18, line 10, strike ``$5,000'' and insert 
     ``$10,000''.
       On page 18, line 19, strike ``$5,000'' and insert 
     ``$10,000''.
       On page 20, line 18, strike ``the Director'' and insert 
     ``the Secretary of the Senate and the Clerk of the House of 
     Representatives''.
       On page 20, line 21, strike ``30 days'' and insert ``45 
     days''.
       On page 21, line 1, strike ``the Office of Lobbying 
     Registration and Public Disclosure'' and insert ``the 
     Secretary of the Senate and the Clerk of the House of 
     Representatives''.
       On page 21, line 12, strike ``$2,500'' and insert 
     ``$5,000''.
       On page 21, line 17, strike ``$5,000'' and insert 
     ``$10,000''.
       On page 21, line 23, strike ``the Director in such form as 
     the Director may prescribe'' and insert ``the Secretary of 
     the Senate and the Clerk of the House of Representatives''.
       On page 22, line 6, strike ``shall be in such form as the 
     Director shall prescribe by regulation and''
       On page 23, line 20, strike subsection (c) and insert in 
     lieu thereof the following:
       ``(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).''
       On page 25, line 24, strike subsection (e).
       On page 31, line 1 and all that follows through line 17 on 
     page 47, and insert in lieu there of the following:

     ``SEC. 7. DISCLOSURE AND ENFORCEMENT.

       ``(a) The Director of the Office of Government Ethics 
     shall--
       (1) provide guidance and assistance on the registration and 
     reporting requirements of this Act; and
       ``(2) after consultation with the Secretary of the Senate 
     and the Clerk of the House of Representatives, develop common 
     standards, rules, and procedures for compliance with this 
     Act.
       ``(b) The Secretary of the Senate and the Clerk of the 
     House of Representatives shall--
       ``(1) review, and, where necessary, verify and inquire to 
     ensure the accuracy, completeness, and timeliness of 
     registration and reports;
       ``(2) 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 
     and their clients; and
       ``(B) computerized systems designed to minimize the burden 
     of filing and minimize public access to materials filed under 
     this Act;
       ``(3) ensure that the computer systems developed pursuant 
     to paragraph (2) 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;
       ``(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.''
       On page 48, line 2, strike ``the Director or''.
       On page 48, line 9, strike ``the Director'' and insert 
     ``the Secretary of the Senate or the Clerk of the House of 
     Representatives''.
       On page 54, line 9, strike Section 18.
       On page 55, line 23, strike Section 20.
       On page 58, line 5, strike ``the Director'' and insert 
     ``the Secretary of the Senate and the Clerk of the House of 
     Representatives''.
       On page 59, strike line 3 and all that follows through the 
     end of the bill, and insert in lieu thereof the following:

     ``SEC. 22. 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, 1997.
       ``(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 

[[Page S10574]]
     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.''

                                 ______


                       McCAIN AMENDMENT NO. 1837

  Mr. McCAIN proposed an amendment to the bill, S. 1060, supra; as 
follows:

       At the appropriate place, insert the following:

     SEC.   . 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.
                                 ______


                        BROWN AMENDMENT NO. 1838

  Mr. BROWN proposed an amendment to the bill, S. 1060, supra; as 
follows:

       At the appropriate place in the bill, insert the following:

     SEC.   . 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 (viii) 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.''.
                                 ______


                SIMPSON (AND OTHERS) AMENDMENT NO. 1839

  Mr. SIMPSON (for himself, Mr. Craig, Mr. Murkowski, Mr. Kyl, Mr. 
Faircloth, Mr. Abraham, Mr. Grams, Mr. Nickles, Mr. Lott, Mr. Shelby, 
and Mr. Coverdell) proposed an amendment to the bill, S. 1060, supra; 
as follows:

       At the appropriate place, insert the following:

     SEC.   . EXEMPT ORGANIZATIONS.

       An organization described in section 501(c)(4) of the 
     Internal Revenue Code of 1986 shall not be eligible for the 
     receipt of Federal funds constituting an award, grant, 
     contract, loan, or any other form.
                                 ______


                        BROWN AMENDMENT NO. 1840

  Mr. BROWN proposed an amendment to the bill, S. 1060, supra; as 
follows:

       At the appropriate place, insert the following:

     SEC.   . DISCLOSURE OF THE VALUE OF ANY PERSONAL RESIDENCE IN 
                   EXCESS OF $1,000,000 UNDER THE ETHICS IN 
                   GOVERNMENT ACT OF 1978.

       (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 value of any property used solely as 
     a personal residence of the reporting individual or the 
     spouse of the individual which exceeds $1,000,000.''.
       (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)''.
                                 ______


                        BROWN AMENDMENT NO. 1841

  Mr. BROWN proposed an amendment to the bill, S. 1060, supra; as 
follows:

       At the appropriate place, insert the following:

     SEC.   . 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)''.
       (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.
                                 ______


                        CRAIG AMENDMENT NO. 1842

  Mr. CRAIG proposed an amendment to the bill, S. 1060, supra; as 
follows:

       Strike all after the word ``Sec.'', and insert the 
     following:

       . EXEMPT ORGANIZATIONS.

       An organization described in section 501(c)(4) which 
     engages in lobbying of the Internal Revenue Code of 1986 
     shall not be eligible for the receipt of Federal funds 
     constituting an award, grant, contract, loan, or any other 
     form.
                                 ______


                LEVIN (AND McCONNELL) AMENDMENT NO. 1843

  Mr. LEVIN (for himself and Mr. McConnell) proposed an amendment to 
the bill, S. 1060, supra; as follows:

       Strike the text of the amendment and insert the following 
     in lieu thereof:
       On page 3, line 20, strike paragraph (E) and redesignate 
     the following paragraphs accordingly.
       On page 5, line 9, strike paragraph (5) and renumber 
     accordingly.
       On page 6, line 5, strike ``Lobbying activities also 
     include efforts to stimulate grassroots lobbying'' and all 
     that follows through the end of the paragraph.
       On page 7, line 10, strike lines 10 through 21 and insert 
     in lieu thereof ``cense); or''
       On page 8, line 11, strike ``that is widely distributed to 
     the public'' and insert ``that is distributed and made 
     available to the public''.
       On page 9, line 11, strike ``a written request'' and insert 
     ``an oral or written request''.
       On page 13, line 15, strike ``1 or more lobbying 
     contacts'', and insert ``more than one lobbying contact''.
       On page 13, lines 17 and 18, strike ``10 percent of the 
     time engaged in the services provided by such individual to 
     that client'' and insert ``20 percent of the time engaged in 
     the services provided by such individual to that client over 
     a six month period''.
       On page 16, line 3, strike ``30 days'' and insert ``45 
     days''.
       On page 16, line 8, strike ``the Office of Lobbying 
     Registration and Public Disclosure'' and insert ``the 
     Secretary of the Senate and the Clerk of the House of 
     Representatives''.
       On page 16, line 23, strike ``$2,500'' and insert 
     ``$5,000''.
       On page 17, line 2, strike ``$5,000'' and insert 
     ``$20,000''.
       On page 17, line 11, strike ``shall be in such form as the 
     Director shall prescribe by regulation and''.
       On page 18, line 10, strike ``$5,000'' and insert 
     ``$10,000''.
       On page 18, line 14, strike paragraph (B) and insert in 
     lieu thereof the following:
       ``(B) in whole or in major part plans, supervises, or 
     controls such lobbying activities.''
       On page 18, line 19, strike ``$5,000'' and insert 
     ``$10,000''.
       On page 20, line 18, strike ``the Director'' and insert 
     ``the Secretary of the Senate and the Clerk of the House of 
     Representatives''.
       On page 20, line 21, strike ``30 days'' and insert ``45 
     days''.
       On page 21, line 1, strike ``the Office of Lobbying 
     Registration and Public Disclosure'' and insert ``the 
     Secretary of the Senate and the Clerk of the House of 
     Representatives''.
       On page 21, line 5, strike paragraph (2).
       On page 22, line 5, strike ``shall be in such form as the 
     Director shall prescribe by regulation and''.
       On page 22, line 18, strike ``regulatory actions'' and all 
     that follows through the end of line 20 and insert in lieu 
     thereof ``executive branch actions''.
       On page 22, line 21, strike ``and committees''.
       On page 23, line 20, strike subsection (c) and insert in 
     lieu thereof the following:
       ``(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).''
       On page 24, line 23, strike subsection (d).
       On page 25, line 24, strike subsection (e).
       On page 31, strike line 1 and all that follows through line 
     17 on page 47, and insert in lieu thereof the following:

     ``SEC. 7. 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;

[[Page S10575]]

       ``(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, incuding--
       ``(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.''
       On page 48, line 2, strike ``the Director or''.
       On page 48, line 9, strike ``the Director'' and insert 
     ``the Secretary of the Senate or the Clerk of the House of 
     Representatives''.
       On page 54, line 9, strike Section 18 and renumber 
     accordingly.
       On page 55, line 23, strike Section 20 and renumber 
     accordingly.
       On page 58, line 5, strike ``the Director'' and insert 
     ``the Secretary of the Senate and the Clerk of the House of 
     Representatives''.
       On page 59, strike line 3 and all that follows through the 
     end of the bill, and insert in lieu thereof the following:

     ``SEC. 22. 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.''
                                 ______


                        DOLE AMENDMENT NO. 1844

  Mr. McCONNELL (for Mr. Dole) proposed an amendment to the bill, S. 
1060, supra; as follows:

       Strike section 11 of the Foreign Agents Registration Act of 
     1938, as amended, and insert in lieu thereof the following:

     SEC. 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.
                                 ______


                  DOLE (AND McCAIN) AMENDMENT NO. 1845

  Mr. McCONNELL (for Mr. Dole, for himself and Mr. McCain) proposed an 
amendment to the bill, S. 1060, supra; as follows:

       At the appropriate place, insert the following:

     SEC.   . 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.
     

                          ____________________