[Congressional Record Volume 141, Number 207 (Friday, December 22, 1995)]
[Senate]
[Pages S19288-S19291]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             CONFIRMATIONS

  Executive nominations confirmed by the Senate December 22, 1995:


                     nuclear regulatory commission

       Greta Joy Dicus, of Arkansas, to be a Member of the Nuclear 
     Regulatory Commission for the term of five years expiring 
     June 30, 1998.


                     national council on disability

       Hughey Walker, of South Carolina, to be a Member of the 
     National Council on Disability for a term expiring September 
     17, 1996.


                        national mediation board

       Ernest W. DuBester, of New Jersey, to be a Member of the 
     national Mediation Board for a term expiring July 1, 1998.


                       department of the interior

       Patricia J. Beneke, of Iowa, to be an Assistant Secretary 
     of the Interior.


                  united states enrichment corporation

       Charles William Burton, of Texas, to be a Member of the 
     Board of Directors of the United States Enrichment 
     Corporation for the remainder of the term expiring February 
     24, 1996.


                       department of the interior

       Eluid Levi Martinez, of New Mexico, to be Commissioner of 
     Reclamation.
     
[[Page S19289]]



             corporation for national and community service

       Eli J. Segal, of Massachusetts, to be a Member of the Board 
     of Directors of the Corporation for National and Community 
     Service for the remainder of the term expiring February 8, 
     1999.


              james madison memorial fellowship foundation

       Marc R. Pacheco, of Massachusetts, to be a Member of the 
     Board of Trustees of the James Madison Memorial Fellowship 
     Foundation for a term expiring October 3, 2000.


                 harry s truman scholarship foundation

       Mel Carnahan, of Missouri, to be a Member of the Board of 
     Trustees of the Harry S Truman Scholarship Foundation for a 
     term expiring December 10, 1999.


                    united states institute of peace

       Chester A. Crocker, of the District of Columbia, to be a 
     Member of the Board of Directors of the United States 
     Institute of Peace for a term expiring January 19, 1999.
       Max M. Kampelman, of the District of Columbia, to be a 
     Member of the Board of Directors of the United States 
     Institute of Peace for a term expiring January 19, 1999.
       Seymour Martin LIpset, of Virginia, to be a Member of the 
     Board of Directors of the United States Institute of Peace 
     for a term expiring January 19, 1999.
     department of education
       Thomas R. Bloom, of Virginia, to be Inspector General, 
     Department of Education.


                   executive office of the president

       Kathleen A. McGinty, of Pennsylvania, to be a Member of the 
     Council on Environmental Quality.


              department of housing and urban development

       Dwight P. Robinson, of Michigan, to be Deputy Secretary of 
     Housing and Urban Development.
       Hal C. DeCell III, of Mississippi, to be an Assistant 
     Secretary of Housing and Urban Development.
       John A. Knubel, of Maryland, to be Chief Financial Officer, 
     Department of Housing and Urban Development.


               securities investor protection corporation

       Albert James Dwoskin, of Virginia, to be a Director of the 
     Securities Investor Protection Corporation for a term 
     expiring December 31, 1995.


                 federal deposit insurance corporation

       Joseph H. Neely, of Mississippi, to be a Member of the 
     Board of Directors of the Federal Deposit Insurance 
     Corporation for a term of six years.


              department of housing and urban development

       Kevin G. Chavers, of Pennsylvania, to be President, 
     Government National Mortgage Association.


                          department of labor

       Susan Robinson King, of the District of Columbia, to be an 
     Assistant Secretary of Labor.
       Anne H. Lewis, of Maryland, to be an Assistant Secretary of 
     Labor.


              james madison memorial fellowship foundation

       Elisabeth Griffith, of Virginia, to be a Member of the 
     Board of Trustees of the James Madison Memorial Foundation 
     for the remainder of the term expiring September 27, 1996.


                    united states institute of peace

       Theodore M. Hesburgh, of Indiana, to be a Member of the 
     Board of Directors of the United States Institute of Peace 
     for a term expiring January 19, 1999.


            federal mine safety and health review commission

       James Charles Riley, of Virginia, to be a Member of the 
     Federal Mine Safety and Health Review Commission for a term 
     of six years expiring August 30, 2000.


        national commission on libraries and information science

       Walter Anderson, of New York, to be a Member of the 
     National Commission on Libraries and Information Science for 
     a term expiring July 19, 2000.


                       department of agriculture

       John David Carlin, of Kansas, to be an Assistant Secretary 
     of Agriculture.
       MIchael V. Dunn, of Iowa, to be an Assistant Secretary of 
     Agriculture.


                      commodity credit corporation

       Michael V. Dunn, of Iowa, to be a Member of the Board of 
     Directors of the commodity Credit Corporation.


              james madison memorial fellowship foundation

       Louise L. Stevenson, of Pennsylvania, to be a Member of the 
     Board of Trustees of the James Madison Memorial Fellowship 
     Foundation for a term expiring November 17, 1999.


                         department of commerce

       Jane Bobbitt, of West Virginia, to be an Assistant 
     Secretary of Commerce.


                      department of transportation

       Nancy E. McFadden, of California, to be General Counsel of 
     the Department of Transportation.


                   executive office of the president

       Ernest J. Moniz, of Massachusetts, to be an Associate 
     Director of the Office of Science and Technology Policy.


                      department of transportation

       George D. Milidrag, of Michigan, to be a Member of the 
     Advisory Board of the Saint Lawrence Seaway Development 
     Corporation.
       Gail Clements McDonald, of Maryland, to be Administrator of 
     the Saint Lawrence Seaway Development Corporation for the 
     remainder of the term expiring March 20, 1998.


                      Mississippi River Commission

       Rear Admiral John carter Albright, National Oceanic and 
     Atmospheric Administration, to be a Member of the Mississippi 
     River Commission.


                         department of commerce

       Phillip A. Singerman, of Pennsylvania, to be an Assistant 
     Secretary of Commerce.


                department of health and human services

       Melissa T. Skolfield, of Louisiana, to be an Assistant 
     Secretary of Health and Human Services.


                       department of the treasury

       Darcy E. Bradbury, of New York, to be an Assistant 
     Secretary of the Treasury.
       David A. Lipton, of Massachusetts, to be a Deputy Under 
     Secretary of the Treasury.


                             the judiciary

       Joseph H. Gale, of Virginia, to be a Judge of the United 
     States Tax Court for a term expiring fifteen years after he 
     takes office.


                          department of state

       Ralph R. Johnson, of Virginia, a Career Member of the 
     Senior Foreign Service, Class of Minister-Counselor, to be 
     Ambassador Extraordinary and Plenipotentiary of the United 
     States of America to the Slovak Republic.


                   federal labor relations authority

       Donald S. Wasserman, of the District of Columbia, to be a 
     Member of the Federal Labor Relations Authority for a term of 
     five years expiring July 1, 2000.


                       department of the treasury

       Jeffrey R. Shafer, of New Jersey, to be an Under Secretary 
     of the Treasury.
       Joshua Gotbaum, of New York, to be an Assistant Secretary 
     of the Treasury.


                     social security administration

       David C. Williams, of Illinois, to be Inspector General, 
     Social Security Administration.
       The above nominations were approved subject to the 
     nominees' commitment to respond to requests to appear and 
     testify before any duly constituted committee of the Senate.


                             the judiciary

       R. Guy Cole, Jr., of Ohio, to be United States Circuit 
     Judge for the Sixth Circuit.
       Barry Ted Moskowitz, of California, to be United States 
     District Judge for the Southern District of California.
       Stephen M. Orlofsky, of New Jersey, to be United States 
     District Judge for the District of New Jersey.
       John R. Tunheim, of Minnesota, to be United States District 
     Judge for the District of Minnesota.
       Susan J. Dlott, of Ohio, to be United States District Judge 
     for the Southern District of Ohio.


                         department of justice

       Juan Abran DeHerrera, of Wyoming, to be United States 
     Marshal for the District of Wyoming for the term of four 
     years.


                             the judiciary

       Todd J. Campbell, of Tennessee, to be United States 
     District Judge for the Middle District of Tennessee.
       Kim McLane Wardlaw, of California, to be United States 
     District Judge for the Central District of California.
       E. Richard Webber, of Missouri, to be United States 
     District Judge for the Eastern District of Missouri.
       P. Michael Duffy, of Southern Carolina, to be United States 
     District Judge for the District of South Carolina.


                         department of justice

       D.W. Bransom, Jr., of Texas, to be United States Marshal 
     for the Northern District of Texas for the term of four 
     years.
       Frank Policaro, Jr., of Pennsylvania, to be United States 
     Marshal for the Western District of Pennsylvania for the term 
     of four years.


                        state justice institute

       Joseph Francis Baca, of New Mexico, to be a Member of the 
     Board of Directors of the State Justice Institute for a term 
     expiring September 17, 1998.
       Robert Nelson Baldwin, of Virginia, to be a Member of the 
     Board of Directors of the State Justice Institute for a term 
     expiring September 17, 1998.
       David Allen Brock, of New Hampshire, to be Member of the 
     Board of Directors of the State Justice Institute for a term 
     expiring September 17, 1997.
       Florence K. Murray, of Rhode Island, to be a Member of the 
     Board of Directors of the State Justice Institute for a term 
     expiring September 17, 1998.


                             the judiciary

       Bruce D. Black, of New Mexico, to be United States District 
     Judge for the District of New Mexico.
       Hugh Lawson, of Georgia, to be United States District Judge 
     for the Middle District of Georgia.
       Patricia A. Gaughan, of Ohio, to be United States District 
     Judge for the Northern District of Ohio.


                        state justice institute

       Tommy Edward Jewell, III, of New Mexico, to be a Member of 
     the Board of Directors of the State Justice Institute for a 
     term expiring September 17, 1995.
       Tommy Edward Jewell, III, of New Mexico, to be a Member of 
     the Board of Directors of the State Justice Institute for a 
     term expiring September 17, 1998.


                             the judiciary

       Joan A. Lenard, of Florida, to be United States District 
     Judge for the Southern District of Florida.
       Barbara S. Jones, of New York, to be United States District 
     Judge for the Southern District of New York.
       Bernice B. Donald, of Tennessee, to be United States 
     District Judge for the Western District of Tennessee.
       C. Lynwood Smith, of Alabama, to be United States District 
     Judge for the Northern District of Alabama.


                         public health service

       Public Health Service nominations beginning Patricia A. 
     Berry and ending Catherine L. Woodhouse, which nominations 
     were received by the Senate and Appeared in the Congressional 
     Record on June 26, 1995.


                           in the coast guard

       Coast Guard nominations beginning John D. Cook, and ending 
     Charles T. Lancaster, which nominations were received by the 
     Senate and appeared in the Congressional Record on September 
     5, 1995.
       Coast Guard nominations beginning James E. Bussey, III, and 
     ending Scott L. Krammes, which nominations were received by 
     the Senate and appeared in the Congressional Record on 
     September 19, 1995.
       Coast Guard nomination of Jordan D. Isaac, which was 
     received by the Senate and appeared in the Congressional 
     Record of October 11, 1995.
       Coast Guard nominations beginning Kurt J. Colella, and 
     ending George J. Rezendes, which nominations were received by 
     the Senate and appeared in the Congressional Record on 
     October 11, 1995.


            National Oceanic and Atmospheric Administration

       National Oceanic and Atmospheric Administration nominations 
     beginning Andrew M. Snella, and ending Jennifer D. Garte, 
     which nominations were received by the Senate and appeared in 
     the Congressional Record on October 13, 1995.
     
[[Page S19290]]


                  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 S19291]]
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                   
                                                                        

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