I
104TH CONGRESS
1ST SESSION
H. R. 2268
To provide for the disclosure of lobbying activities to influence the Federal
Government, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 6, 1995
Mr. MCHALE (for himself, Mr. SHAYS, Mr. DEAL of Georgia, Mr. DICKEY,
Mr. BARRETT of Wisconsin, Mr. MINGE, Mr. KLUG, Mrs. WALDHOLTZ,
Mr. CASTLE, Mr. ZIMMER, Mr. MEEHAN, and Mr. LUTHER) introduced
the following bill; which was referred to the Committee on the Judiciary
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, Unit-
ed 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,
or position of the United States Govern-
ment;
(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 li-
cense); or
(iv) the nomination or confirmation of
a person for a position subject to confirma-
tion 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 dissemi-
nating news and information to the public;
(iii) made in a speech, article, publica-
tion 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 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.
(15) PUBLIC OFFICIAL.—The term ‘‘public offi-
cial’’ means any elected official, appointed official, or
employee of—
(A) a Federal, State, or local unit of gov-
ernment in the United States other than—
(i) a college or university;
(ii) a government-sponsored enterprise
(as defined in section 3(8) of the Congres-
sional 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 pursu-
ant 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 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.—