Pub.L. 104-66 To provide for the modification or elimination of Federal reporting requirements. <> ...

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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. <<NOTE: Dec. 19, 1995 -  [S. 
                                1060]>> 

    Be it enacted by the Senate and House of Representatives of the 
United <<NOTE: Lobbying Disclosure Act of 1995. Public information.>>  
States of America in Congress assembled,

SECTION 1. <<NOTE: 2 USC 1601 note.>> SHORT TITLE.

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

SEC. 2. <<NOTE: 2 USC 1601.>> 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. <<NOTE: 2 USC 1602.>> 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;
                    (C) any officer or employee, or any other individual 
                functioning in the capacity of such an officer or 
                employee, in the Executive Office of the President;
                    (D) any officer or employee serving in a position in 
                level I, II, III, IV, or V of the Executive Schedule, as 
                designated by statute or Executive order;
                    (E) any member of the uniformed services whose pay 
                grade is at or above O-7 under section 201 of title 37, 
                United States Code; and
                    (F) any officer or employee serving in a position of 
                a confidential, policy-determining, policy-making, or 
                policy-advocating character described in section 
                7511(b)(2) of title 5, United States Code.
            (4) Covered legislative branch official.--The term ``covered 
        legislative branch official'' means--
                    (A) a Member of Congress;
                    (B) an elected officer of either House of Congress;
                    (C) any employee of, or any other individual 
                functioning in the capacity of an employee of--
                          (i) a Member of Congress;
                          (ii) a committee of either House of Congress;
                          (iii) the leadership staff of the House of 
                      Representatives or the leadership staff of the 
                      Senate;
                          (iv) a joint committee of Congress; and
                          (v) a working group or caucus organized to 
                      provide legislative services or other assistance 
                      to Members of Congress; and
                    (D) any other legislative branch employee serving in 
                a position described under section 109(13) of the Ethics 
                in Government Act of 1978 (5 U.S.C. App.).
            (5) Employee.--The term ``employee'' means any individual 
        who is an officer, employee, partner, director, or proprietor of 
        a person or entity, but does not include--
                    (A) independent contractors; or
                    (B) volunteers who receive no financial or other 
                compensation from the person or entity for their 
                services.
            (6) Foreign entity.--The term ``foreign entity'' means a 
        foreign principal (as defined in section 1(b) of the Foreign 
        Agents Registration Act of 1938 (22 U.S.C. 611(b)).
            (7) Lobbying activities.--The term ``lobbying activities'' 
        means lobbying contacts and efforts in support of such contacts, 
        including preparation and planning activities, research and 
        other background work that is intended, at the time it is 
        performed, for use in contacts, and coordination with the 
        lobbying activities of others.
            (8) Lobbying contact.--
                    (A) Definition.--The term ``lobbying contact'' means 
                any oral or written communication (including an 
                electronic communication) to a covered executive branch 
                official or a covered legislative branch official that 
                is made on behalf of a client with regard to--
                          (i) the formulation, modification, or adoption 
                      of Federal legislation (including legislative 
                      proposals);
                          (ii) the formulation, modification, or 
                      adoption of a Federal rule, regulation, Executive 
                      order, or any other program, policy,
or position of the United States Government;
                          (iii) the administration or execution of a 
                      Federal program or policy (including the 
                      negotiation, award, or administration of a Federal 
                      contract, grant, loan, permit, or license); or
                          (iv) the nomination or confirmation of a 
                      person for a position subject to confirmation by 
                      the Senate.
                    (B) Exceptions.--The term ``lobbying contact'' does 
                not include a communication that is--
                          (i) made by a public official acting in the 
                      public official's official capacity;
                          (ii) made by a representative of a media 
                      organization if the purpose of the communication 
                      is gathering and disseminating news and 
                      information to the public;
                          (iii) made in a speech, article, publication 
                      or other material that is distributed and made 
                      available to the public, or through radio, 
                      television, cable television, or other medium of 
                      mass communication;
                          (iv) made on behalf of a government of a 
                      foreign country or a foreign political party and 
                      disclosed under the Foreign Agents Registration 
                      Act of 1938 (22 U.S.C. 611 et seq.);
                          (v) a request for a meeting, a request for the 
                      status of an action, or any other similar 
                      administrative request, if the request does not 
                      include an attempt to influence a covered 
                      executive branch official or a covered legislative 
                      branch official;
                          (vi) made in the course of participation in an 
                      advisory committee subject to the Federal Advisory 
                      Committee Act;
                          (vii) testimony given before a committee, 
                      subcommittee, or task force of the Congress, or 
                      submitted for inclusion in the public record of a 
                      hearing conducted by such committee, subcommittee, 
                      or task force;
                          (viii) information provided in writing in 
                      response to an oral or written request by a 
                      covered executive branch official or a covered 
                      legislative branch official for specific 
                      information;
                          (ix) required by subpoena, civil investigative 
                      demand, or otherwise compelled by statute, 
                      regulation, or other action of the Congress or an 
                      agency;
                          (x) made in response to a notice in the 
                      Federal Register, Commerce Business Daily, or 
                      other similar publication soliciting 
                      communications from the public and directed to the 
                      agency official specifically designated in the 
                      notice to receive such communications;
                          (xi) not possible to report without disclosing 
                      information, the unauthorized disclosure of which 
                      is prohibited by law;
                          (xii) made to an official in an agency with 
                      regard to--
                                    (I) a judicial proceeding or a 
                                criminal or civil law enforcement 
                                inquiry, investigation, or proceeding; 
                                or
                                    (II) a filing or proceeding that the 
                                Government is specifically required by 
                                statute or regulation to maintain or 
                                conduct on a confidential basis,
                      if that agency is charged with responsibility for 
                      such proceeding, inquiry, investigation, or 
                      filing;
                          (xiii) made in compliance with written agency 
                      procedures regarding an adjudication conducted by 
                      the agency under section 554 of title 5, United 
                      States Code, or substantially similar provisions;
                          (xiv) a written comment filed in the course of 
                      a public proceeding or any other communication 
                      that is made on the record in a public proceeding;
                          (xv) a petition for agency action made in 
                      writing and required to be a matter of public 
                      record pursuant to established agency procedures;
                          (xvi) made on behalf of an individual with 
                      regard to that individual's benefits, employment, 
                      or other personal matters involving only that 
                      individual, except that this clause does not apply 
                      to any communication with--
                                    (I) a covered executive branch 
                                official, or
                                    (II) a covered legislative branch 
                                official (other than the individual's 
                                elected Members of Congress or employees 
                                who work under such Members' direct 
                                supervision),
                      with respect to the formulation, modification, or 
                      adoption of private legislation for the relief of 
                      that individual;
                          (xvii) a disclosure by an individual that is 
                      protected under the amendments made by the 
                      Whistleblower Protection Act of 1989, under the 
                      Inspector General Act of 1978, or under another 
                      provision of law;
                          (xviii) made by--
                                    (I) a church, its integrated 
                                auxiliary, or a convention or 
                                association of churches that is exempt 
                                from filing a Federal income tax return 
                                under paragraph 2(A)(i) of section 
                                6033(a) of the Internal Revenue Code of 
                                1986, or
                                    (II) a religious order that is 
                                exempt from filing a Federal income tax 
                                return under paragraph (2)(A)(iii) of 
                                such section 6033(a); and
                          (xix) between--
                                    (I) officials of a self-regulatory 
                                organization (as defined in section 
                                3(a)(26) of the Securities Exchange Act) 
                                that is registered with or established 
                                by the Securities and Exchange 
                                Commission as required by that Act or a 
                                similar organization that is designated 
                                by or registered with the Commodities 
                                Future Trading Commission as provided 
                                under the Commodity Exchange Act; and
                                    (II) the Securities and Exchange 
                                Commission or the Commodities Future 
                                Trading Commission, respectively;
                      relating to the regulatory responsibilities of 
                      such organization under that Act.
            (9) Lobbying firm.--The term ``lobbying firm'' means a 
        person or entity that has 1 or more employees who are lobbyists 
        on behalf of a client other than that person or entity. The term 
        also includes a self-employed individual who is a lobbyist.
            (10) Lobbyist.--The term ``lobbyist'' means any individual 
        who is employed or retained by a client for financial or other 
        compensation for services that include more than one lobbying 
        contact, other than an individual whose lobbying activities 
        constitute less than 20 percent of the time engaged in the 
        services provided by such individual to that client over a six 
        month period.
            (11) Media organization.--The term ``media organization'' 
        means a person or entity engaged in disseminating information to 
        the general public through a newspaper, magazine, other 
        publication, radio, television, cable television, or other 
        medium of mass communication.
            (12) Member of congress.--The term ``Member of Congress'' 
        means a Senator or a Representative in, or Delegate or Resident 
        Commissioner to, the Congress.
            (13) Organization.--The term ``organization'' means a person 
        or entity other than an individual.
            (14) Person or entity.--The term ``person or entity'' means 
        any individual, corporation, company, foundation, association, 
        labor organization, firm, partnership, society, joint stock 
        company, group of organizations, or State or local government.
            (15) Public official.--The term ``public official'' means 
        any elected official, appointed official, or employee of--
                    (A) a Federal, State, or local unit of government in 
                the United States other than--
                          (i) a college or university;
                          (ii) a government-sponsored enterprise (as 
                      defined in section 3(8) of the Congressional 
                      Budget and Impoundment Control Act of 1974);
                          (iii) a public utility that provides gas, 
                      electricity, water, or communications;
                          (iv) a guaranty agency (as defined in section 
                      435(j) of the Higher Education Act of 1965 (20 
                      U.S.C. 1085(j))), including any affiliate of such 
                      an agency; or
                          (v) an agency of any State functioning as a 
                      student loan secondary market pursuant to section 
                      435(d)(1)(F) of the Higher Education Act of 1965 
                      (20 U.S.C. 1085(d)(1)(F));
                    (B) a Government corporation (as defined in section 
                9101 of title 31, United States Code);
                    (C) an organization of State or local elected or 
                appointed officials other than officials of an entity 
                described in clause (i), (ii), (iii), (iv), or (v) of 
                subparagraph (A);
                    (D) an Indian tribe (as defined in section 4(e) of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 450b(e));
                    (E) a national or State political party or any 
                organizational unit thereof; or
                    (F) a national, regional, or local unit of any 
                foreign government.

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