[Congressional Record Volume 142, Number 113 (Monday, July 29, 1996)]
[House]
[Pages H8613-H8614]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
LOBBYING DISCLOSURE TECHNICAL AMENDMENTS ACT OF 1996
Mr. HOKE. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3435), to make technical amendments to the Lobbying Disclosure
Act of 1995, as amended.
The Clerk read as follows:
H.R. 3435
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Lobbying
Disclosure Technical Amendments Act of 1996''.
(b) Reference.--Whenever in this Act an amendment or repeal
is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Lobbying
Disclosure Act of 1995''.
SEC. 2. DEFINITION OF COVERED EXECUTIVE BRANCH OFFICICAL.
Section 3(3)(F) (2 U.S.C. 1602(3)(F)) is amended by
striking ``7511(b)(2)'' and inserting ``7511(b)(2)(B)''.
SEC. 3. CLARIFICATION OF EXCEPTION TO LOBBYING CONTACT.
(a) Certain Communications.--Section 3(8)(B)(ix) (2 U.S.C.
1602(8)(B)(ix)) is amended by inserting before the semicolon
the following: ``, including any communication compelled by a
Federal contract, grant, loan, permit, or license''.
(b) Definition of ``Public Official''.--Section 3(15)(F) (2
U.S.C. 1602(15)(F)) is amended by inserting ``, or a group of
governments acting together as an international
organization'' before the period.
SEC. 4. INTERESTS.
(a) Section 4.--Section 4(b)(4)(C) (2 U.S.C. 1603(b)(4)(C))
is amended by striking ``direct interest'' and inserting
``significant direct interest''.
(b) Section 5.--Section 5(b)(2)(D) (2 U.S.C. 1604(b)(2)(D))
is amended by striking ``of the interest, if any,'' and
inserting ``of any significant direct interest''.
(c) Section 14.--Section 14 (2 U.S.C. 1609) is amended--
(1) in subsection (a)(2), by striking ``a direct interest''
and inserting ``a significant direct interest''; and
(2) in subsection (b)(2), by striking ``a direct interest''
and inserting ``a significant direct interest''.
SEC. 5. ESTIMATES BASED ON TAX REPORTING SYSTEM.
(a) Section 15(a).--Section 15(a) (2 U.S.C. 1601 (a)) is
amended--
(1) by striking ``A registrant'' and inserting ``A person,
other than a lobbying firm,''; and
(2) by amending paragraph (2) to read as follows:
``(2) for all other purposes consider as lobbying contacts
and lobbying activities only--
``(A) lobbying contacts with covered legislative branch
officials (as defined in section 3(4)) and lobbying
activities in support of such contacts; and
``(B) lobbying of Federal executive branch officials to the
extent that such activities are influencing legislation as
defined in section 4911(d) of the Internal Revenue Code of
1986.''.
(b) Section 15(b).--Section 15(b) (2 U.S.C. 1610(b)) is
amended--
(1) by striking ``A registrant that is subject to'' and
inserting ``A person, other than a lobbying firm, who is
required to account and does account for lobbying
expenditures pursuant to''; and
(2) by amending paragraph (2) to read as follows:
(2) for all other purposes consider as lobbying contacts
and lobbying activities only--
``(A) lobbying contacts with covered legislative branch
officials (as defined in section 3(4)) and lobbying
activities in support of such contacts; and
``(B) lobbying of Federal executive branch officials to the
extent that amounts paid or costs incurred in connection with
such activities are not deductible pursuant to section 162(e)
of the Internal Revenue Code of 1986.''.
(c) Section 5(c).--Section 5(c) (2 U.S.C. 1604(c)) is
amended by striking paragraph (3).
SEC. 6. DISCLOSURE OF INDIVIDUAL REGISTERED LOBBYISTS.
Section 5(b) (2 U.S.C. 1604(b))--
(1) in paragraph (2), by inserting ``and'' at the end of
subparagraph (B), by striking subparagraph (C), and by
redesignating subparagraph (D) as subparagraph (C), and
(2) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively, and by adding
after paragraph (1) the following:
``(2) a list of employees of the registrant who acted as
lobbyists on behalf of the client during the semi-annual
reporting period;''.
SEC. 7. EXEMPTION BASED ON REGISTRATION UNDER LOBBYING ACT.
Section 3(h) of the Foreign Agents Registration Act of 1938
(22 U.S.C. 613(h)) is amended by striking ``is required to
register and does register'' and inserting ``has engaged in
lobbying activities and has registered''.
SEC. 8. FURNISHING INFORMATION.
(a) Information to Agency or Official of Government.--
Section 4(e) of the Foreign Agents Registration Act of 1938
(22 U.S.C. 614(e)) is amended--
(1) by striking ``political propaganda'' and inserting''
informational materials''; and
(2) by striking ``the propaganda'' and inserting ``the
informational materials''.
(b) Reports.--Section 11 of the Foreign Agents Registration
Act of 1938 (22 U.S.C. 621) is amended by striking
``political propaganda'' and inserting ``informational
materials''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Ohio [Mr. Hoke] and the gentleman from Virginia [Mr. Scott] each will
control 20 minutes.
The Chair recognizes the gentleman from Ohio [Mr. Hoke].
General Leave
Mr. HOKE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on the bill, H.R. 3435, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Ohio?
There was no objection.
Mr. HOKE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 3435, the Lobbying Disclosure Technical Amendments
Act of 1996 addresses several technical issues which have been raised
during the initial months of implementation of the Lobbying Disclosure
Act of 1995. The amendments made by the bill will strengthen what is
already widely viewed as a significant and successful law.
The Lobbying Disclosure Act of 1995 was the first substantive reform
in the
[[Page H8614]]
laws governing lobbying disclosure since the Federal Regulation of
Lobbying Act of 1946. This reform was necessary due to the Supreme
Court's narrow construction of the 1946 Regulation of Lobbying Act in
United States versus Harriss which effectively eviscerated that act.
Last fall, this House passed this landmark legislation in identical
form to the Senate-passed language. This action enabled the 104th
Congress to send the bill directly to the President, thus passing the
first meaningful lobbying disclosure legislation in over 40 years.
Section 2 of the bill would clarify the definition of a covered
executive branch official under the act. Section 3 of the bill would
add a clarification of the exception to a lobbying contact so that any
communication compelled by a Federal contract, grant, loan, permit or
license would not be considered a lobbying contact. Section 3 also
would make plain that groups of governments acting together as
international organizations would not be required to register under the
Lobbying Disclosure Act. Section 4 of the bill would clarify what a
``direct interest'' is when a registrant has an affiliation with a
foreign interest.
In addition, section 5 of the bill would clarify how estimates based
on the tax reporting system can an should be used in relation to
reporting lobbying expenses. This section also would provide that
registrants engaging in executive branch lobbying and who make a
section 15 election must use the Tax Code uniformly for all of their
executive branch lobbying registration and reporting under the act.
Section 6 of the bill would make the reporting requirement of the act
consistent with the registration requirement by eliminating the
duplicative reporting requirement of maintaining a list of lobbyists
for each general issue area under the act. This section would make
uniform the registration requirement that the name of each employee of
the registrant who acts as a lobbyist on behalf of a client be
disclosed in a similar fashion in the registration's semiannual
reports.
Moreover, section 7 of H.R. 3435 would clarify the original intent of
the act by providing that anyone engaged in even a de minimis level of
lobbying activities on behalf of a foreign commercial entity can
register under the Lobbying Disclosure Act rather than the Foreign
Agents Registration Act of 1938. This change would reaffirm the
Congressional intent of requiring disclosure of foreign non-government
representations under the Lobbying Disclosure Act and disclosure of
foreign governmental representations under the Foreign Agents
Registration Act.
Finally Mr. Speaker, section 8 of the bill would make a purely
technical change to the Foreign Agents Registration Act by striking the
term ``political propaganda'' and inserting in its place
``informational materials.'' The changes made by section 8 would
complete the changes made to the terminology that were first made in
the Lobbying Disclosure Act.
Mr. Speaker, I reserve the balance of my time.
Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 3435. Last session, with
strong bipartisan support, this Congress passed a major overhaul of the
lobbying disclosure rules which require the reporting of meaningful and
important information from registered lobbyists.
Since the passage of that measure, the Secretary of the Senate and
the Clerk of the House have worked hard to provide the specific rules
to implement this legislation. During the course of the promulgation of
the rules, suggestions have been made to improve and in some cases
strengthen the reporting requirements of the Lobbying Disclosure Act of
1995.
Further suggestions have been made to simplify what in this case may
have been duplicative and burdensome requirements on some not-for-
profit institutions.
Mr. Speaker, the technical amendments in today's bill reflect those
improvements.
{time} 1430
We have corrected unnecessary requirements, we have provided fairness
for those whose lobbying efforts are negligible, and we have
streamlined the duplicative reporting requirements.
The measure was passed out of the Committee on the Judiciary
unanimously, and I urge its passage today under the suspension of the
rules.
Mr. Speaker, I yield back the balance of my time.
Mr. HOKE. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Calvert). The question is on the motion
offered by the gentleman from Ohio [Mr. Hoke] that the House suspend
the rules and pass the bill, H.R. 3435, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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