[Congressional Record Volume 141, Number 207 (Friday, December 22, 1995)]
[House]
[Pages H15633-H15635]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        DELETIONS OF SPONSORS FROM PUBLIC BILLS AND RESOLUTIONS

  Under clause 4 of rule XXII, sponsors were deleted from public bills 
and resolutions as follows:

       H.R. 1834: Mr. Forbes.
       
[[Page H15634]]


                  THE LOBBYING DISCLOSURE ACT OF 1995
     NOTICE FROM THE SECRETARY OF THE SENATE AND THE CLERK OF THE 
                        HOUSE OF REPRESENTATIVES

  The Lobbying Disclosure Act of 1995, Public Law 104-65, was signed by 
the President on December 19, 1995, and takes effect on January 1, 
1996. The Federal Regulation of Lobbying Act of 1946 (2 USC 261 et 
seq.) is repealed on January 1, and certain other laws that regulate 
lobbying activities are amended, including the Foreign Agents 
Registration Act of 1938 (22 USC 611 et seq) and the 1989 Byrd 
Amendment (31 USC 1352).

  FOR FURTHER INFORMATION: For further information, forms, and 
instructions concerning the Lobbying Disclosure Act, contact the House 
Legislative Resource Center, 1036 Longworth House Office Building, 
Washington, DC 20515, (202) 225-1300, or the Senate Office of Public 
Records, 232 Hart Senate Office Building, Washington, DC 20510, (202) 
224-0758.

                           DESCRIPTION OF LAW

  In general, the Lobbying Disclosure Act (``Act'') establishes broad 
requirements that individuals and entities who seek to influence the 
Federal government register with the Secretary of the Senate and the 
Clerk of the House of Representatives, and disclose their clients, 
issues, fees, and interests of foreign entities. All registrations and 
reports filed under the Act are public records. The key provisions of 
the Act are summarized below; however, lobbyists, their employers, 
clients, and other interested persons should always consult the full 
text of the new law.

                              REGISTRATION

  The Act requires registration of: 1) lobbying firms that employ 
lobbyists for clients; and 2) organizations that employ in-house 
lobbyists. Registration with both the Secretary and the Clerk is 
required no later than 45 days after a lobbyist first makes a lobbying 
contact or is employed or retained to do so, whichever is earlier 
(e.g., a lobbyist who has a retainer agreement with a client in effect 
on January 1, 1996, must register on or before February 14, 1996). 
Lobbying firms must file separate registrations for each client, 
subject to limited exceptions.


                                                                                                                                                                                                
                                                                                                                                                                                                
                                                                                                                                                                                                 
741 NOTE: 738Individuals and organizations currently registered under the Federal Regulation of Lobbying Act should file their final quarterly reports under the former law with the Clerk and  
 the Secretary by January 10, 1996, to prevent a gap in the records. However, registrations under the former law will no longer be effective, and all lobbyists active after January 1, 1996,   
 must register under the new Lobbying Disclosure Act.                                                                                                                                           
738    Registration forms and instructions will be available from the House Legislative Resource Center and the Senate Office of Public Records in early January 1996.                          
                                                                                                                                                                                                


                                REPORTS

  Lobbying firms are required to file semiannual reports of income, and 
organizations employing in-house lobbyists are required to file 
semiannual reports of expenditures, by August 14 (covering the period 
January 1 thru June 30) and February 14 (covering the period July 1 
thru December 31). The first reports under the new Act will be due by 
August 14, 1996. Lobbying firms must file separate reports for each 
client. Forms and instructions will be available from the House 
Legislative Resource Center and the Senate Office of Public Records.

                            MAIN DEFINITIONS

  A LOBBYIST is an individual who is employed or retained for 
compensation to make more than one lobbying contact, and whose lobbying 
activities constitute at least 20 percent of his or her services 
performed for that client during a six month period.

  A LOBBYING FIRM means a person or entity that has one or more 
employees who are lobbyists on behalf of a client, other than that 
person or entity, and also includes a self-employed individual.

  A CLIENT is any person or entity that employs 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 the client and employer of such 
individuals. 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, not its individual members. Under the Act, 
there is no requirement that coalitions or associations disclose 
contributions or dues from the individual membership of such groups.

  A 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.

  The law provides for 19 specific exceptions from the definition of 
lobbying contacts (e.g. for contacts that are not considered lobbying, 
are routine in nature, are inherently confidential, are subject to 
formal procedural safeguards, or are the subject of a separate public 
record).

  LOBBYING ACTIVITIES are lobbying contacts and efforts in support of 
lobbying 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.

  COVERED EXECUTIVE BRANCH OFFICIALS include the President, Vice 
President, employees of the Executive Office of the President, Level I-
V of the Executive Schedule, Members of the Uniformed Services at a pay 
grade above 0-7, or any officer or employee in a position of a 
confidential, policy-determining, policy-making, or policy-advocating 
character.

  COVERED LEGISLATIVE BRANCH OFFICIALS include Members of the House of 
Representatives and Senate, their staffs, elected officers of either 
House of Congress, committee and leadership staff, joint committee 
staff, a working group 

[[Page H15635]]
or caucus organized to provide legislative services or other assistance 
to Members of Congress, and all legislative employees required to file 
Financial Disclosure Reports under the Ethics in Government Act.

                       IDENTIFICATION OF CLIENTS

  Any lobbyist making an oral lobbying contact with a covered 
legislative branch official or covered executive branch official is 
required, on request of the official, to state whether his or her 
lobbying firm or organization is registered, to identify the client, 
and to disclose any foreign interest regulated by the Act. A lobbyist 
making a written lobbying contact to a covered official for foreign 
interests regulated by the Act must disclose that fact in the writing.

                               EXEMPTIONS

  A LOBBYING FIRM is exempt from registration with respect to a 
particular client if total income from that client for lobbying 
activities does not exceed or is not expected to exceed $5,000 in a six 
month period.

  An ORGANIZATION whose employees engage in lobbying activities on its 
own behalf is exempt from registration if total expenses in connection 
with lobbying activities do not exceed or are not expected to exceed 
$20,000 in a six month period.

                               PENALTIES

Whoever knowingly fails to--

      (l) correct a defective filing within 60 days after notice of 
        such a defect by the Secretary of the Senate or the Clerk of 
        the House, or

      (2) fails to comply with any other provision of the Act,

is subject to a civil fine of not more than $50,000.
        
        
        

KELLY D. JOHNSTON                    ROBIN H. CARLE                     
Secretary of the Senate              Clerk of the House of              
                                      Representatives