109 STAT. 692 PUBLIC LAW 104-65—DEC. 19, 1995 (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 0-7 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 lobby- ing 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;
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