[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1060 Enrolled Bill (ENR)]
S.1060
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
An Act
To provide for the disclosure of lobbying activities to influence the
Federal Government, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

19adbdc21f082aa47c7705ec6200e3aff670c86d0109e13a1d4219319a5e1055

This Act may be cited as the ``Lobbying Disclosure Act of 1995''.

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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.

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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;
(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.

e9a14d635b505dc52ba47093c3f07f39803d8190617e89d6a37aa4b4cbb08483

(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--
(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.

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(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).

2fee63b513c8aca4237220bd2bc47a121c331bd31c5412e1d87c3e67586f53b0

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 (7).

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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.

89f21961030235affbdbba11577da15e873390f63236b5876854805c9007de4d

(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.

9c16e36b87d88b4009258a51481b20dcaafcdeadc2a2b88e530e0f4332aa7438

The Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.)
is amended--
(1) in section 1--
(A) by striking subsection (j);
(B) in subsection (o) by striking ``the dissemination of
political propaganda and any other activity which the person
engaging therein believes will, or which he intends to, prevail
upon, indoctrinate, convert, induce, persuade, or in any other
way influence'' and inserting ``any activity that the person
engaging in believes will, or that the person intends to, in
any way influence'';
(C) in subsection (p) by striking the semicolon and
inserting a period; and
(D) by striking subsection (q);
(2) in section 3(g) (22 U.S.C. 613(g)), by striking
``established agency proceedings, whether formal or informal.'' and
inserting ``judicial proceedings, criminal or civil law enforcement
inquiries, investigations, or proceedings, or agency proceedings
required by statute or regulation to be conducted on the record.'';
(3) in section 3 (22 U.S.C. 613) by adding at the end the
following:
``(h) Any agent of a person described in section 1(b)(2) or an
entity described in section 1(b)(3) if the agent is required to
register and does register under the Lobbying Disclosure Act of 1995 in
connection with the agent's representation of such person or entity.'';
(4) in section 4(a) (22 U.S.C. 614(a))--
(A) by striking ``political propaganda'' and inserting
``informational materials''; and
(B) by striking ``and a statement, duly signed by or on
behalf of such an agent, setting forth full information as to
the places, times, and extent of such transmittal'';
(5) in section 4(b) (22 U.S.C. 614(b))--
(A) in the matter preceding clause (i), by striking
``political propaganda'' and inserting ``informational
materials''; and
(B) by striking ``(i) in the form of prints, or'' and all
that follows through the end of the subsection and inserting
``without placing in such informational materials a conspicuous
statement that the materials are distributed by the agent on
behalf of the foreign principal, and that additional
information is on file with the Department of Justice,
Washington, District of Columbia. The Attorney General may by
rule define what constitutes a conspicuous statement for the
purposes of this subsection.'';
(6) in section 4(c) (22 U.S.C. 614(c)), by striking ``political
propaganda'' and inserting ``informational materials'';
(7) in section 6 (22 U.S.C. 616)--
(A) in subsection (a) by striking ``and all statements
concerning the distribution of political propaganda'';
(B) in subsection (b) by striking ``, and one copy of every
item of political propaganda''; and
(C) in subsection (c) by striking ``copies of political
propaganda,''; and
(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).

1c9a4396848dc2a2a0dea62112483aba1d8637e3e462eaf796e98cc6f3549be0

(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.

09ac9558bea4aa7c4d6e8d976a876b20d8efdb1ebc35c073f14a049c1232298b

(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.

2c22ca7922739b54f3e4b0755305914d19bdceb02255581dad1b5016cddf359e

(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(6) 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(6) 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)''.

1845d131f7a6c3e18143d0c4ebe4b78c1c80be18e7d18c673ddb97775fcb28ea

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.

9465fb4496034c57f27f5bf50fd78add88b0bb43f6e4db04c148486dce5b987f

(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.

8b3f67487d804d517c9fff0d8bcb3cbcbb425a114f0564597decd048771e2240

(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) and 5(b)(4); and
(2) in lieu of using the definition of ``lobbying activities''
in section 3(7) 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) and 5(b)(4); and
(2) in lieu of using the definition of ``lobbying activities''
in section 3(7) 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(7) 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.

4a9c35bd0e9b5ee2eb12dc2edcb5ebc99009d8274ce774ee82a0e3d9832e6f68

(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.

c4b36f2246cc512f965382dc1b52daf56b2e808d8dc16fd5b20757e49f9f7c54

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.

5240149df1fb65e95d770b40956bab0abf62031523e0f7bc85b222b2b09c93dc

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.

6bdbffa55bb890dcd810b9ae231cfe0e0c46ccfb9a1e36da84756f63ee040ca3

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.''.

293886eb423c975d67669156bae9793acf22eac99bf25ce41f994a4280ed4645

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.''.

1ffe62b35cc6070b790caa1bac62b48d37b7d3968ee75bcbd0de8bf154b23c0d

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.

b51edec234e07fe704862eb240dd55901825ff41cd7cecd22aba026bd0a683fe

(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.--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.

39f27f14e5e52131d93ad514370d49e33ed5f981a55b4490cb0fd7fca6d7559c

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.

0751187f7f4dec36ca23dfff0b9a2619a1da319f72008c4b2fb8db329e55765e

(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 9, 10, 11, and
12 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

05c7f4d690e24f821b3829f2530b9217b4938682f5a9efe9734ace622f0a79d5

Lobbying Disclosure Act of 1995 — S. 1060

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