[Congressional Record Volume 141, Number 189 (Wednesday, November 29, 1995)]
[House]
[Pages H13745-H13749]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             GENERAL LEAVE

  Mr. CANADY of Florida. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
on H.R. 2564, the bill just passed.
  The SPEAKER pro tempore (Mr. Allard). Is there objection to the 
request of the gentleman from Florida?
  There was no objection.
  Mr. CANADY of Florida. Mr. Speaker, pursuant to House Resolution 269, 
I call up the Senate bill (S. 1060) to provide for the disclosure of 
lobbying activities to influence the Federal Government, and for other 
purposes, and ask for its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:
       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;

[[Page H 13746]]

       (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--

[[Page H 13747]]

       (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 

[[Page H 13748]]
     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.
     
[[Page H 13749]]


     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.

  The SPEAKER pro tempore. Pursuant to House Resolution 269, the 
previous question is ordered. The question is on the third reading of 
the Senate bill.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.
  A similar House bill (H.R. 2564) was laid on the table.

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