PUBLIC LAW 104–65—DEC. 19, 1995 109 STAT. 691

Public Law 104–65

104th Congress

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,

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;

2 USC 1602.

2 USC 1601.

2 USC 1601 note.

Lobbying

Disclosure Act of

1995.

Public

information.

Dec. 19, 1995

[S. 1060]
109 STAT. 692 PUBLIC LAW 104–65—DEC. 19, 1995

(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 policyadvocating 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;
PUBLIC LAW 104–65—DEC. 19, 1995 109 STAT. 693

(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,
109 STAT. 694 PUBLIC LAW 104–65—DEC. 19, 1995

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.
PUBLIC LAW 104–65—DEC. 19, 1995 109 STAT. 695

(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.
109 STAT. 696 PUBLIC LAW 104–65—DEC. 19, 1995

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— (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—

2 USC 1603.
PUBLIC LAW 104–65—DEC. 19, 1995 109 STAT. 697

(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 USC 1604.
109 STAT. 698 PUBLIC LAW 104–65—DEC. 19, 1995

(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;

2 USC 1605.
PUBLIC LAW 104–65—DEC. 19, 1995 109 STAT. 699

(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).

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 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’’;

22 USC 611.

2 USC 1607.

2 USC 1606.

Records.
109 STAT. 700 PUBLIC LAW 104–65—DEC. 19, 1995

(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).

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
PUBLIC LAW 104–65—DEC. 19, 1995 109 STAT. 701

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(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)’’.

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.

2 USC 1608.
109 STAT. 702 PUBLIC LAW 104–65—DEC. 19, 1995

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) 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—

2 USC 1610.

2 USC 1609.
PUBLIC LAW 104–65—DEC. 19, 1995 109 STAT. 703

(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 activi- ties’’ 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.

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

2 USC 1611.

5 USC 3304 note.

Regulations.

5 USC 3304 note.
109 STAT. 704 PUBLIC LAW 104–65—DEC. 19, 1995

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 REPRESENTA5 USC app. 102.

22 USC 621.
PUBLIC LAW 104–65—DEC. 19, 1995 109 STAT. 705

TIVE.—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.—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 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 USC 1601 note.

2 USC 1612.

5 USC app. 102

note.

5 USC app. 102.

18 USC 207 note.
109 STAT. 706 PUBLIC LAW 104–65—DEC. 19, 1995

LEGISLATIVE HISTORY—S. 1060 (H.R. 2564) (S. 101):

HOUSE REPORTS: No. 104–339, Pt. 1, accompanying H.R. 2564 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 141 (1995):

July 24, 25, considered and passed Senate.

Nov. 16, 28, 29, H.R. 2564 considered and passed House; S. 1060 passed in

lieu.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):

Nov. 19, Presidential statement.

Æ

(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.

Approved December 19, 1995.