IB
Union Calendar No. 181
104TH CONGRESS
1ST SESSION
H. R. 2564
[Report No. 104–339, Part 1]
To provide for the disclosure of lobbying activities to influence the Federal
Government, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 31, 1995
Mr. CANADY of Florida (for himself, Mr. FRANK of Massachusetts, Mr.
SHAYS, and Mr. MCHALE) introduced the following bill; which was re-
ferred to the Committee on the Judiciary, and in addition to the Commit-
tees on Government Reform and Oversight, Rules, and Ways and Means,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
NOVEMBER 14, 1995
Reported from the Committee on the Judiciary
NOVEMBER 14, 1995
Referral to the Committees on Government Reform and Oversight, Rules, and
Ways and Means extended for a period ending not later than November
14, 1995
NOVEMBER 14, 1995
Additional sponsors: Mr. CHABOT, Mr. BRYANT of Tennessee, Mr. COBLE, Mr.
FLANAGAN, Mr. HEINEMAN, Mr. INGLIS of South Carolina, Mr. SENSEN-
BRENNER, Mrs. ROUKEMA, Mr. SMITH of Texas, Mr. CASTLE, Mr.
LEVIN, Mr. HINCHEY, and Mr. GOODLATTE
NOVEMBER 14, 1995
The Committees on Government Reform and Oversight, Rules, and Ways and
Means discharged from further consideration; committed to the Commit-
tee of the Whole House on the State of the Union and ordered to be
printed
A BILL
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 Representa-
tives 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 re-
quires public awareness of the efforts of paid lobby-
ists 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 lan-
guage, weak administrative and enforcement provi-
sions, 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 influ-
ence Federal officials in the conduct of Government
actions will increase public confidence in the integ-
rity 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 per-
son 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 asso-
ciation that employs or retains other persons to con-
duct 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 Exec-
utive Schedule, as designated by statute or Ex-
ecutive order;
(E) any member of the uniformed services
whose pay grade is at or above O–7 under sec-
tion 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
OFFI-
CIAL.—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 individ-
ual 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 orga-
nized 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 en-
tity’’ 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 ‘‘lobby-
ing activities’’ means lobbying contacts and efforts
in support of such contacts, including preparation
and planning activities, research and other back-
ground work that is intended, at the time it is per-
formed, 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 communica-
tion (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, Ex-
ecutive order, or any other program, policy,
(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 re-
quest does not include an attempt to influ-
ence a covered executive branch official or
a covered legislative branch official;
(vi) made in the course of participa-
tion in an advisory committee subject to
the Federal Advisory Committee Act;
(vii) testimony given before a commit-
tee, 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 spe-
cific information;
(ix) required by subpoena, civil inves-
tigative 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 solicit-
ing 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 dis-
closing information, the unauthorized dis-
closure 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 in-
quiry, investigation, or proceeding; or
(II) a filing or proceeding that
the Government is specifically re-
quired by statute or regulation to
maintain or conduct on a confidential
basis,
if that agency is charged with responsibil-
ity for such proceeding, inquiry, investiga-
tion, or filing;
(xiii) made in compliance with written
agency procedures regarding an adjudica-
tion conducted by the agency under section
554 of title 5, United States Code, or sub-
stantially 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 agen-
cy procedures;
(xvi) made on behalf of an individual
with regard to that individual’s benefits,
employment, or other personal matters in-
volving only that individual, except that
this clause does not apply to any commu-
nication with—
(I) a covered executive branch of-
ficial, or
(II) a covered legislative branch
official (other than the individual’s
elected Members of Congress or em-
ployees who work under such Mem-
bers’ direct supervision),
with respect to the formulation, modifica-
tion, 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 auxil-
iary, 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 ex-
empt 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 estab-
lished by the Securities and Exchange
Commission as required by that Act
or a similar organization that is des-
ignated by or registered with the
Commodities Future Trading Com-
mission as provided under the Com-
modity Exchange Act; and
(II) the Securities and Exchange
Commission or the Commodities Fu-
ture Trading Commission, respec-
tively;
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 in-
cludes a self-employed individual who is a lobbyist.
(10) LOBBYIST.—The term ‘‘lobbyist’’ means
any individual who is employed or retained by a cli-
ent for financial or other compensation for services
that include more than one lobbying contact, other
than an individual whose lobbying activities con-
stitute less than 20 percent of the time engaged in
the services provided by such individual to that cli-
ent 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 Rep-
resentative in, or Delegate or Resident Commis-
sioner 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, com-
pany, foundation, association, labor organization,
firm, partnership, society, joint stock company,
group of organizations, or State or local government.
(C) an organization of State or local elect-
ed 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 Edu-
cation Assistance Act (25 U.S.C. 450b(e));
(E) a national or State political party or
any organizational unit thereof; or
(F) a national, regional, or local unit of
any foreign government.
(16) STATE.—The term ‘‘State’’ means each of
the several States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States.
SEC. 4. REGISTRATION OF LOBBYISTS.
(a) REGISTRATION.—
(1) GENERAL RULE.—No later than 45 days
after a lobbyist first makes a lobbying contact or is
employed or retained to make a lobbying contact,
whichever is earlier, such lobbyist (or, as provided
under paragraph (2), the organization employing
such lobbyist), shall register with the Secretary of
the Senate and the Clerk of the House of Represent-
atives.
(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 orga-
nization whose employees engage in lobby-
ing activities on its own behalf) do not ex-
ceed or are not expected to exceed
$20,000,
(as estimated under section 5) in the semi-
annual period described in section 5(a) during
which the registration would be made is not re-
quired to register under subsection (a) with re-
spect 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 registra-
tion under this section shall contain—
(1) the name, address, business telephone num-
ber, and principal place of business of the registrant,
and a general description of its business or activi-
ties;
(2) the name, address, and principal place of
business of the registrant’s client, and a general de-
scription 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, super-
vises, or controls such lobbying activities.
(4) the name, address, principal place of busi-
ness, 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 cli-
ent or any organization identified under para-
graph (3); or
(C) is an affiliate of the client or any orga-
nization 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 activi-
ties on behalf of the client; and
(B) to the extent practicable, specific is-
sues that have (as of the date of the registra-
tion) 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 reg-
istrant making lobbying contacts on behalf of more
than 1 client, a separate registration under this sec-
tion shall be filed for each such client.
(1) the name of the registrant, the name of the
client, and any changes or updates to the informa-
tion provided in the initial registration;
(2) for each general issue area in which the reg-
istrant 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 maxi-
mum 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 sub-
paragraph (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 lobby-
ing activities on its own behalf, a good faith estimate
of the total expenses that the registrant and its em-
ployees incurred in connection with lobbying activi-
ties during the semiannual filing period.
(c) ESTIMATES OF INCOME OR EXPENSES.—For pur-
poses 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 ex-
ceed $10,000, the registrant shall include a state-
ment that income or expenses totaled less than
$10,000 for the reporting period.
(3) A registrant that reports lobbying expendi-
tures 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 Sec-
retary of the Senate and the Clerk of the House of
Representatives a copy of the form filed in accord-
ance 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 reg-
istration 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 in-
quire 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, includ-
ing—
(A) a publicly available list of all registered
lobbyists, lobbying firms, and their clients; and
(B) computerized systems designed to min-
imize 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 re-
ports 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 writ-
ing 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 reg-
istrant has been notified in writing and has failed to
provide an appropriate response within 60 days after
notice was given under paragraph (6).
SEC. 7. PENALTIES.
Whoever knowingly fails to—
(1) remedy a defective filing within 60 days
after notice of such a defect by the Secretary of the
Senate or the Clerk of the House of Representatives;
or
(2) comply with any other provision of this Act;
shall, upon proof of such knowing violation by a pre-
ponderance 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 investiga-
tive authority to the Secretary of the Senate or the Clerk
of the House of Representatives.
SEC. 9. AMENDMENTS TO THE FOREIGN AGENTS REG-
ISTRATION 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 dis-
semination 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 be-
lieves will, or that the person intends to, in any
way influence’’;
(C) in subsection (p) by striking the semi-
colon and inserting a period; and
(D) by striking subsection (q);
(2) in section 3(g) (22 U.S.C. 613(g)), by strik-
ing ‘‘established agency proceedings, whether formal
or informal.’’ and inserting ‘‘judicial proceedings,
criminal or civil law enforcement inquiries, investiga-
tions, 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 strik-
ing ‘‘political propaganda’’ and inserting ‘‘informa-
tional materials’’;
(7) in section 6 (22 U.S.C. 616)—
(A) in subsection (a) by striking ‘‘and all
statements concerning the distribution of politi-
cal propaganda’’;
(B) in subsection (b) by striking ‘‘, and
one copy of every item of political propaganda’’;
and
(C) in subsection (c) by striking ‘‘copies of
political propaganda,’’;
(8) in section 8 (22 U.S.C. 618)—
(A) in subsection (a)(2) by striking ‘‘or in
any statement under section 4(a) hereof con-
cerning the distribution of political propa-
ganda’’; and
(B) by striking subsection (d); and
(9) in section 11 (22 U.S.C. 621) by striking
‘‘, including the nature, sources, and content of po-
litical propaganda disseminated or distributed’’.
SEC. 10. AMENDMENTS TO THE BYRD AMENDMENT.
(a) REVISED CERTIFICATION REQUIREMENTS.—Sec-
tion 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 REQUIRE-
MENT.—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), respec-
tively.
SEC. 11. REPEAL OF CERTAIN LOBBYING PROVISIONS.
(a) REPEAL OF THE FEDERAL REGULATION OF LOB-
BYING 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 in-
serting ‘‘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 reg-
ister under the Lobbying Disclosure Act of 1995 in
connection with the representation of a foreign en-
tity, as defined in section 3(7) of that Act’’ after
‘‘an agent of a foreign principal required to register
under the Foreign Agents Registration Act of
1938’’; and
(2) by striking out ‘‘, as amended,’’.
(c) AMENDMENT
TO FOREIGN SERVICE ACT
OF
1980.—Section 602(c) of the Foreign Service Act of 1980
(22 U.S.C. 4002(c)) is amended by inserting ‘‘or a lobby-
ist for a foreign entity (as defined in section 3(7) of the
Lobbying Disclosure Act of 1995)’’ after ‘‘an agent of a
foreign principal (as defined by section 1(b) of the Foreign
Agents Registration Act of 1938)’’.
SEC. 13. SEVERABILITY.
If any provision of this Act, or the application there-
of, is held invalid, the validity of the remainder of this
Act and the application of such provision to other persons
and circumstances shall not be affected thereby.
SEC. 14. IDENTIFICATION OF CLIENTS AND COVERED OFFI-
CIALS.
(a) ORAL LOBBYING CONTACTS.—Any person or en-
tity that makes an oral lobbying contact with a covered
legislative branch official or a covered executive branch of-
ficial shall, on the request of the official at the time of
the lobbying contact—
(1) state whether the person or entity is reg-
istered 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 dis-
closed under section 4(b)(4) that has a direct inter-
est in the outcome of the lobbying activity.
(b) WRITTEN LOBBYING CONTACTS.—Any person or
entity registered under this Act that makes a written lob-
bying contact (including an electronic communication)
with a covered legislative branch official or a covered exec-
utive 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 execu-
tive 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 re-
quired to be disclosed under such section for the ap-
propriate semiannual period to meet the require-
ments of sections 4(a)(3), 5(a)(2), and 5(b)(4); and
(2) in lieu of using the definition of ‘‘lobbying
activities’’ in section 3(8) of this Act, consider as
lobbying activities only those activities that are influ-
encing 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 appro-
priate semiannual period to meet the requirements
of sections 4(a)(3), 5(a)(2), and 5(b)(4); and
(2) in lieu of using the definition of ‘‘lobbying
activities’’ in section 3(8) of this Act, consider as
lobbying activities only those activities, the costs of
which are not deductible pursuant to section 162(e)
of the Internal Revenue Code of 1986.
(c) DISCLOSURE OF ESTIMATE.—Any registrant that
elects to make estimates required by this Act under the
procedures authorized by subsection (a) or (b) for report-
ing or threshold purposes shall—
(1) inform the Secretary of the Senate and the
Clerk of the House of Representatives that the reg-
istrant 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 re-
porting by registrants under subsections (a) and (b) and
report to the Congress—
(1) the differences between the definition of
‘‘lobbying activities’’ in section 3(8) and the defini-
tions of ‘‘lobbying expenditures’’, ‘‘influencing legis-
lation’’, 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 appro-
priate 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 sub-
section (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 SERV-
ICE APPOINTMENTS.
(a) IN GENERAL.—Section 3304 of title 5, United
States Code (as amended by section 2 of this Act) is fur-
ther amended by adding at the end thereof the following
new subsection:
‘‘(d) The Office of Personnel Management shall pro-
mulgate regulations on the manner and extent that experi-
ence of an individual in a position other than the competi-
tive 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 serv-
ice (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 equi-
table 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 Man-
agement shall—
(1) conduct a study on excepted service consid-
erations for competitive service appointments relat-
ing to such amendment; and
(2) take all necessary actions for the regula-
tions described under such amendment to take effect
as final regulations on the effective date of this sec-
tion.
SEC. 18. EXEMPT ORGANIZATIONS.
An organization described in section 501(c)(4) of the
Internal Revenue Code of 1986 which engages in lobbying
activities shall not be eligible for the receipt of Federal
funds constituting an award, grant, contract, loan, or any
other form.
SEC. 19. AMENDMENT TO THE FOREIGN AGENTS REGISTRA-
TION ACT (PUBLIC LAW 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 Con-
gress concerning administration of this Act, including reg-
istrations 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 sub-
paragraph (E) the following:
‘‘(F) For purposes of this section, cat-
egories 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,