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S 1060 - 104

Lobbying Disclosure Act of 1995

Became Public Law No: 104-65.

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Summary

35 Passed Senate amended May 7, 2001

Lobbying Disclosure Act of 1995 - Requires registration with the Secretary of the Senate and the Clerk of the House of Representatives (appropriate congressional officials) by any individual lobbyist (or the individual's employer if it employs one or more lobbyists) within 45 days after the individual first makes, or is employed or retained to make, a lobbying contact with either the President, the Vice President, a Member of Congress, or any other specified Federal officer or employee, including certain high-ranking members of the uniformed services. Defines a lobbyist as any individual employed or retained by a client for financial or other compensation for services that include more than one lobbying contact (but not an individual whose lobbying activities constitute less than twenty percent of the time engaged in the services provided to that client over a six month period). (Sec. 4) Provides for: (1) special registration filing rules in cases involving multiple clients and contacts; and (2) registration termination in cases where a registrant is no longer employed or retained by a client to conduct lobbying activities and does not anticipate any additional lobbying activities for such client. Specifies the contents of such registration. Provides for exemptions from registration requirements above in cases involving lobbying income of $5,000 or less (for a particular client) or total expenses of $20,000 or less (in the case of an organization whose employees engage in lobbying activities on the organization's behalf) (adjusted periodically for inflation) for the semiannual period. (Sec. 5) Requires registrants to file semiannual lobbying activity reports with the appropriate congressional officials. (Sec. 6) Specifies the contents of such reports. officials for carrying out this Act, including reviewing registrations and reports filed under it, and making copies of them available to the public. (Sec. 7) Sets forth penalties for violations involving the requirements of this Act. (Sec. 9) Amends the Foreign Agents Registration Act of 1938 to: (1) replace references to political propaganda with references to informational materials; and (2) add to the exemption from registration requirements under such Act for certain lawyers providing legal representation to disclosed foreign principals to apply it to such representative actions as judicial proceedings and criminal or civil law enforcement inquiries, investigations, or proceedings. Exempts from the requirements of the Foreign Agents Registration Act of 1938 any agent of a foreign government, foreign political party, or other foreign entity not organized for business that registers under this Act. (Sec. 10) Revises (Byrd Amendment) limitations on use of appropriated funds to influence certain Federal contracting and financial transactions, removing obsolete reporting requirements, among other changes. (Sec. 11) Repeals the Federal Regulation of Lobbying Act. Repeals provisions under the Department of Housing and Urban Development Act and the Housing Act of 1949 relating to lobbyist activities. (Sec. 14) Sets forth special rules for the identification of: (1) foreign and other clients on whose behalf lobbying contacts are made with a covered legislative or executive branch official; and (2) such covered officials. (Sec. 15) Permits tax-exempt charitable organizations required to report lobbying expenses by the Internal Revenue Code to report, under this Act, only good faith estimates of such expenses in order to meet specified reporting (including exemption from such reporting) requirements of this Act. (Sec. 16) Amends provisions of Federal law known as the Ramspeck Act to repeal authority extending competitive status to certain legislative and judicial branch employees involuntarily separated without prejudice from their respective branch, entitling them to transfer to the competitive service in the executive branch. (Sec. 17) Requires the Office of Personnel Management (OPM) to promulgate regulations on the manner and extent that experience in a position other than a competitive one may be considered in making appointments to a competitive position. Prohibits the grant, in such regulations, of any preference based on the fact of service in the legislative or judicial branch. Directs OPM to study excepted service considerations for competitive service appointments relating to this Act. (Sec. 18) Makes certain civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare, and certain local associations of employees whose net earnings are devoted exclusively to charitable, educational, or recreational purposes, ineligible for Federal funds in any form if they engage in lobbying activities. (Sec. 19) Amends the Foreign Agents Registration Act of 1938 to require the Attorney General to report to Congress semiannually on administrative matters (currently from "time to time") including registration filings. (Sec. 20) Amends the Ethics in Government Act of 1978 to: (1) augment the dollar value categories for required disclosure of income, assets, and liabilities of subject individuals, but limiting disclosure requirements for their spouses and dependent children to income, assets, and liabilities held jointly with the subject individual, and leaving unspecified any such amounts or values exceeding $1 million; and (2) require the financial disclosure reports of subject individuals to include the category of the total cash value of any interest of the reporting individual in a qualified blind trust, except under certain circumstances. (Sec. 21) Amends the Federal criminal code to apply to the Deputy United States Trade Representative (Deputy USTR) the same three-year prohibition against representing, aiding, or advising a foreign entity after leaving Government service as applies to the United States Trade Representative (USTR). Amends the Trade Act of 1974 to prohibit any person who has directly represented, aided, or advised a foreign entity in any trade negotiation, or trade dispute, with the United States from being appointed as USTR or Deputy USTR. (Sec. 23) Expresses the sense of the Senate that lobbying expenses should not be tax deductible.

00 Introduced in Senate May 7, 2001

Lobbying Disclosure Act of 1995 - Requires registration with the Office of Lobbying Registration and Public Disclosure (Office) (established by this Act) by any individual lobbyist (or the individual's employer, if it employs one or more lobbyists) within 30 days after the individual first makes, or is employed or retained to make, a lobbying contact with either the President, the Vice President, a Member of Congress, or any other specified Federal officer or employee, including certain high-ranking members of the uniformed services. Defines a lobbyist as any individual employed or retained by a client for financial or other compensation for services that include one or more lobbying contacts (but not an individual whose lobbying activities constitute less than ten percent of the time engaged in the services provided to that client). Provides for: (1) special registration filing rules in cases involving multiple clients and contacts; and (2) registration termination in cases where a registrant is no longer employed or retained by a client to conduct lobbying activities, and does not anticipate any additional lobbying activities for such client. (Sec. 4) Specifies the contents of such registration and reports. (Sec. 5) Requires registrants to file semiannual lobbying activity reports with the Office. Provides for exemptions from such registration and reporting requirements in cases involving lobbying income of $2,500 or less (for a particular client) or total expenses of $5,000 or less (in the case of an organization whose employees engage in lobbying activities on the organization's behalf) (adjusted periodically for inflation) for the semiannual period. (Sec. 6) Provides for special rules generally prohibiting registrants under this Act and the Foreign Agents Registration Act from providing gifts (including meals, lodging, transportation, entertainment, reimbursements, loans, or forbearance) to any covered legislative branch official, or to the spouse, dependent, friend, or relative of such an official if it is given with the knowledge and acquiescence of such official and is given because of his or her position. Permits certain such items under prescribed circumstances, such as lawful political contributions and informational materials sent to the official's office, and gifts given for a nonbusiness purpose and motivated by family relationship or close personal friendship. (Sec. 7) Establishes the Office as an executive agency, and specifies its duties, including making public the semiannual lobbyist activity reports. (Sec. 8) Establishes procedures for: (1) determining and resolving alleged violations of this Act; and (2) judicial review of Office decisions. (Sec. 13) Amends the Foreign Agents Registration Act of 1938 to: (1) eliminate references to political propaganda and, in certain cases, replace them with references to informational materials; and (2) modify registration exemption provisions. (Sec. 14) Revises (Byrd Amendment) requirements for a declaration by persons requesting or receiving a Federal contract, grant, loan, or cooperative agreement with respect to any payments made in connection with it which would be prohibited if made with appropriated funds. Requires, in lieu of information currently required, the: (1) name of any registrant under this Act who has made lobbying contacts on behalf of the person with respect to that Federal contract, grant, loan, or cooperative agreement; and (2) certification that the declarant has not made, and will not make, any prohibited payment. (Sec. 15) Repeals: (1) the Federal Regulation of Lobbying Act; and (2) provisions on lobbyist activities of the Department of Housing and Urban Development Act and the Housing Act of 1949. (Sec. 18) Authorizes appropriations. (Sec. 19) Sets forth special rules for the identification of: (1) foreign and other clients on whose behalf lobbying contacts are made with a covered legislative or executive branch official; and (2) such covered officials. (Sec. 21) Permits tax-exempt charitable organizations required to report lobbying expenses by the Internal Revenue Code to report, under this Act, only good faith estimates of such expenses in order to meet criteria for exemption from the reporting requirements of this Act. Permits trade or business entities that may take income tax deductions for certain lobbying expenses to make good faith estimates of any non- deductible lobbying expenses in order to meet criteria for exemption from the reporting requirements of this Act. Directs the Comptroller General to study and report to the Congress on differences in meaning between this Act and the Internal Revenue Code of "lobbying activities," "lobbying expenditures," "influencing legislation," and related terms. (Sec. 22) Requires the President to appoint an interim Director of the Office within 30 days after enactment of this Act.

Sponsors

Timeline

Dec 19, 1995

Signed by President.

Dec 19, 1995

Signed by President.

Dec 19, 1995

Became Public Law No: 104-65.

Dec 19, 1995

Became Public Law No: 104-65.

Dec 16, 1995

Presented to President.

Dec 16, 1995

Presented to President.

Nov 29, 1995

Committee on Judiciary discharged.

Nov 29, 1995

Committee on Judiciary discharged.

Nov 29, 1995

Committee on Government Reform discharged.

Nov 29, 1995

Committee on Government Reform discharged.

Nov 29, 1995

Committee on Rules discharged.

Nov 29, 1995

Committee on Rules discharged.

Nov 29, 1995

Committee on Ways and Means discharged.

Nov 29, 1995

Committee on Ways and Means discharged.

Nov 29, 1995

Considered under the provisions of rule H. Res. 269. (consideration: CR H13745-13749)

Nov 29, 1995

Rule provides for consideration of H.R. 2564 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Upon adoption of this resolution, it shall be in order for the Speaker to declare the House resolved into the Committee of the Whole House for consideration of the bill. Points of order against consideration of the bill for failure to comply with clause 2(l)(6) of rule XI shall be waived. Bill is open to amendments. All points of order against any amendment printed in the report of the Committee on Rules accompanying this resolution shall be waived. If H.R. 2564 is passed by the House in a form identical to S. 1060, as passed by the Senate, it shall be in order without intervention of any point of order to consider the Senate bill in the House. The previous question shall be considered as ordered on the Senate bill to final passage withou...

Nov 29, 1995

The previous question was ordered pursuant to the rule.

Nov 29, 1995

Passed/agreed to in House: On passage Passed by voice vote.

Nov 29, 1995

On passage Passed by voice vote.

Nov 29, 1995

Motion to reconsider laid on the table Agreed to without objection.

Nov 29, 1995

A similar measure H.R. 2564 was laid on the table without objection.

Nov 1, 1995

Referred to the Subcommittee on the Constitution.

Oct 31, 1995

Referred to the Subcommittee on Civil Service.

Oct 30, 1995

Referred to the Committee on the Judiciary, and in addition to the Committees 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.

Oct 30, 1995

Referred to the Committee on the Judiciary, and in addition to the Committees 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.

Jul 26, 1995

Received in the House.

Jul 26, 1995

Message on Senate action sent to the House.

Jul 26, 1995

Held at the desk.

Jul 25, 1995

Considered by Senate. (consideration: CR S10594-10603)

Jul 25, 1995

Passed/agreed to in Senate: Passed Senate with amendments by Yea-Nay Vote. 98-0. Record Vote No: 328.

Jul 25, 1995

Passed Senate with amendments by Yea-Nay Vote. 98-0. Record Vote No: 328.

Jul 24, 1995

Measure laid before Senate by unanimous consent. (consideration: CR S10512-10531, S10535-10536, S10538-10562)

Jul 24, 1995

Section 6 of the bill was stricken by Unanimous Consent.

Jul 21, 1995

Introduced in Senate

Jul 21, 1995

Introduced in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 151.

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