[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 349 Engrossed Amendment House (EAH)]
103d CONGRESS
2d Session
S. 349
_______________________________________________________________________
AMENDMENT
In the House of Representatives, U. S.,
March 24, 1994.
Resolved, That the bill from the Senate (S. 349) entitled ``An
Act to provide for the disclosure of lobbying activities to influence
the Federal Government, and for other purposes'', do pass with the
following
AMENDMENT:
Strike out all after the enacting clause, and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lobbying Disclosure Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) responsible representative Government requires public
awareness of the efforts of paid lobbyists to influence the
public decision making 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. 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
(including a State or local government) who employs or retains
another person for financial or other compensation to conduct
lobbying activities on behalf of that person or entity or
another person or entity. An organization whose employees act
as lobbyists on its own behalf is both a client and an employer
of such employees. In the case of any person or entity that
employs or retains a lobbyist to conduct lobbying activities on
behalf of another person or entity, the client is both the
person or entity that employs or retains the lobbyist and the
person or entity on whose behalf the lobbyist conducts lobbying
activities. In the case of a coalition or association that
employs or retains other persons to conduct lobbying
activities, the client is--
(A) the coalition or association and not its
individual members when the lobbying activities are
conducted on behalf of its membership and financed by
the coalition's or association's dues and assessments,
or
(B) the individual member or members, when the
lobbying activities are, directly or indirectly,
financed separately by one or more individual members
and not by the coalition's or association's dues and
assessments.
(3) Covered executive branch official.--The term ``covered
executive branch official'' means--
(A) the President or the President-elect;
(B) the Vice President or the Vice President-elect;
(C) any officer or employee (other than a clerical
or secretarial employee) of the Executive Office of the
President or any individual functioning in the capacity
of such an officer or employee on an unpaid basis;
(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 officer or employee serving in a Senior
Executive Service position, as defined in section 3132
(a)(2) of title 5, United States Code;
(F) 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
(G) 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, including an
employee listed in schedule C of subpart C of part 213
of title 5 of the Code of Federal Regulations.
(4) Covered legislative branch official.--
(A) In general.--The term ``covered legislative
branch official'' means--
(i) a Member of Congress or a Member-elect
of Congress;
(ii) an elected officer of either House of
Congress;
(iii) any employee of a Member of Congress
or of a committee of either House of Congress;
(iv) any employee on the leadership staff
of the House of Representatives and any
employee on the leadership staff of the Senate;
(v) any employee of a joint committee of
the Congress; and
(vi) any employee of a working group or
caucus organized to provide legislative
services or other assistance to Members of
Congress.
(B) Definitions.--For purposes of subparagraph (A)--
(i) the terms ``employee on the leadership staff of
the House of Representatives'' and ``employee on the
leadership staff of the Senate'' have the meanings
given these terms in section 207(e)(4) of title 18,
United States Code;
(ii) the term ``employee'' includes any individual
functioning in the capacity of an employee described in
subparagraph (A) on an unpaid basis but the term does
not include a clerical or secretarial employee, and
(iii) the term ``Member of Congress'' means a
Senator or a Representative in, or Delegate or Resident
Commissioner, to the Congress.
(5) Director.--The term ``Director'' means the Director of
the Office of Lobbying Registration and Public Disclosure.
(6) Employee.--Except as provided in paragraph (4)(B)(ii),
the term ``employee'' means any individual who is an officer,
employee, partner, director, or proprietor of an organization,
but does not include--
(A) independent contractors; or
(B) volunteers who receive no financial or other
compensation from the organization for their services.
(7) Foreign entity.--The term ``foreign entity'' means a
foreign principal as such term is defined in subsection (b) of
section 1 of the Foreign Agents Registration Act of 1938 (22
U.S.C. 611 (b)).
(8) Grass roots lobbying communications.--The term ``grass
roots lobbying communications'' means--
(A) any communication that attempts to influence
any legislation through an attempt to affect the
opinions of the general public or any segment thereof;
(B) any communication between an organization and
any bona fide member of such organization to directly
encourage such member to make a communication to a
covered executive branch official or a covered
legislative branch official with regard to a matter
described in clause (i), (ii), (iii), or (iv) of
paragraph (10)(A) of section 3; and
(C) any communication between an organization and
any bona fide member of such organization to directly
encourage such member to urge persons other than
members to communicate as provided in either
subparagraph (A) or subparagraph (B).
(9) Lobbying activities.--
(A) Definition.--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. Except as provided in subparagraph (B),
lobbying activities also include--
(i) grass roots lobbying communications,
and
(ii) any communication described in clause
(iii), (v), (vii), (viii), or (xvi) of
paragraph (10)(B),
to the extent that such communications are made in
support of a lobbying contact.
(B) Religious organizations.--Lobbying activities
do not include grass roots lobbying communications by
churches, their integrated auxiliaries, conventions or
associations of churches, and religious orders that are
exempt from filing Federal income tax returns under
paragraph (2)(A)(i) or (2)(A)(iii) of section 6033(a)
of the Internal Revenue Code of 1986, unless such
communications are made by any person or organization
required to be identified under section 4(b)(5) of this
Act.
(10) 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 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), except that this clause does not
include communications that are made to any
covered executive branch official--
(I) who is serving in a Senior
Executive Service position described in
paragraph (3)(E), or
(II) who is a member of the
uniformed services whose pay grade is
lower than O-9 under section 201 of
title 37, United States Code,
in the agency responsible for taking such
administrative or executive action; 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 communications that are--
(i) made by public officials acting in
their official capacity;
(ii) made by representatives 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 which is widely
distributed to the public 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) requests for meetings, requests for the
status of matters described in clauses (i),
(ii), (iii), and (iv) of subparagraph (A), or
other similar requests, if the requests do not
include attempts 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 a written request for specific
information from a covered executive branch
official or a covered legislative branch
official;
(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 officials 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) written comments filed in the course
of a public proceeding or other communications
that are made on the record in a public
proceeding;
(xv) a petition for agency action made in
writing 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
subclause does not apply to any communication
with respect to the formulation, modification,
or adoption of private legislation for the
relief of that individual;
(xvii) disclosures by an individual to the
appropriate authority on account of which that
individual is protected against adverse
personnel actions, or other reprisals, under
the amendments made by the Whistleblower
Protection Act of 1989, the Inspector General
Act of 1978, or other provision of law;
(xviii) made by a church, its integrated
auxiliary, a convention or association of
churches, or a religious order that is exempt
from filing a Federal income tax return under
paragraph (2)(A)(i) or (2)(A)(iii) of section
6033(a) of the Internal Revenue Code of 1986 if
the communication constitutes the free exercise
of religion or is for the purpose of protecting
the right to the free exercise of religion; and
(xix) between--
(I) officials of a self-regulatory
organization recognized by Federal law,
and
(II) the Federal regulatory agency
with jurisdiction over such
organization,
relating to the regulatory responsibilities of
such organization under such law.
The term ``media organization'', as used in clause
(ii), means an organization engaged in disseminating
information to the general public through a newspaper,
magazine, other publication, radio, television, cable
television, or other medium of mass communication.
(11) Lobbyist.--The term ``lobbyist'' means any individual
who is employed or retained by a client for financial or other
compensation for services that include one or more lobbying
contacts, other than an individual whose lobbying activities
constitute less than 10 percent of the time engaged in the
services provided by such individual to that client.
(12) Organization.--The term ``organization'' means any
corporation, company, foundation, association, labor
organization, firm, partnership, society, joint stock company,
or group of organizations.
(13) Public official.--The term ``public official'' means
any elected official, appointed official, or an employee of--
(A) a Federal, State, or local unit of government
in the United States other than--
(i) a college or university which is an
agency or instrumentality of the government of
any State or of a local unit of government
thereof, or which is owned or operated by such
a government or by any agency or
instrumentality of one or more such
governments;
(ii) a government-sponsored enterprise as
defined in section 3(8) of the Congressional
Budget and Impoundment Control Act of 1974; or
(iii) a public utility, including any
entity that provides gas, electricity, water,
or communications, which is an agency or
instrumentality of the government of any State
or States or of a local unit of government of a
State or which is owned, controlled, or
operated by such a government or by any agency
or instrumentality of one or more such
governments;
(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), or (iii) 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.
(14) 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.--Not later than 30 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 Office of
Lobbying Registration and Public Disclosure.
(2) Organization rule.--Any organization that has one or
more employees who are lobbyists shall make the registration
required by paragraph (1) on behalf of such employees.
(3) Exemption.--
(A) General rule.--Notwithstanding paragraph (1) or
(2), an individual or organization whose--
(i) total income for matters related to
lobbying activities on behalf of a particular
client (in the case of a lobbyist making
lobbying contacts on behalf of a client other
than the organization employing such lobbyist),
or
(ii) total expenses in connection with
lobbying activities (in the case of a lobbyist
making lobbying contacts on behalf of the
organization employing such lobbyist),
do not exceed, or are not expected to exceed $2,500 (as
estimated under section 5) in the semiannual period
described in section 5(a) during which the registration
would be made is not required to register under
subsection (a) with respect to such client.
(B) Adjustment.--The $2,500 figure 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 the
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 $100.
(b) Contents of Registration.--Each registration under this section
shall be in such form as the Director shall prescribe by regulation and
shall contain--
(1) the name, address, business telephone number, and
principal place of business of the registrant, and a general
description of its business or activities;
(2) the name, address, and principal place of business of
the registrant's client, and a general description 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 or has agreed to contribute more
than $5,000 toward the lobbying activities of the
registrant in the semiannual period described in
section 5(a) in which the registration is made; and
(B) significantly participates or has agreed to
participate significantly in the planning, supervision,
or control of such lobbying activities;
(4) the name, address, principal place of business, amount
of any contribution of more than $5,000 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 lobbying activities of the
registrant; or
(C) is an affiliate of the client or any
organization identified under paragraph (3) and has a
direct interest in the outcome of the lobbying
activity;
(5) the name, address, and principal place of business of
any person or organization retained by the registrant (other
than an employee of the registrant) to conduct grass roots
lobbying communications on behalf of the registrant or the
client of the registrant (other than a person or organization
that is separately registered under this Act in connection with
such representation);
(6) a statement of--
(A) the general issue areas in which the registrant
expects to engage in lobbying activities on behalf of
the client, and
(B) to the extent practicable, specific issues that
have (as of the date of the registration) already been
addressed or are likely to be addressed in lobbying
activities; and
(7) 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 was first required to register as a lobbyist on behalf
of the client, the position in which such employee served.
(c) Guidelines for Registration.--
(1) Multiple clients.--In the case of a registrant making
lobbying contacts on behalf of more than one client, a separate
registration under this section shall be filed for each such
client.
(2) Multiple lobbyists.--Any organization that has one or
more employees who are lobbyists shall file a single
registration under this section for each client on whose behalf
its employees act as lobbyists covering all lobbying contacts
made by such employees on behalf of such client.
(3) Multiple contacts.--If a registrant makes another
lobbying contact for the same client with a covered executive
branch official or covered legislative branch official, such
contact will not require another registration under paragraph
(1).
(d) Termination of Registration.--A registrant who after
registration does not--
(1) engage in any lobbying activities in a semiannual
reporting period on behalf of the client with respect to which
the registrant registered, and
(2) anticipate any additional lobbying activities for such
client in the 12-month period following such reporting period,
shall notify the Director of the termination of such activities and
shall not be required to file any additional reports with respect to
such client under this section.
SEC. 5. REPORTS BY REGISTERED LOBBYISTS.
(a) Semiannual Report.--
(1) In general.--No later than 30 days after the end of the
semiannual period beginning on the first day of each January
and the first day of July of each year in which a registrant is
registered under section 4, each registrant shall file a report
with the Office of Lobbying Registration and Public Disclosure
on its lobbying activities during such semiannual period. A
separate report shall be filed for each client of the
registrant.
(2) Exemption.--
(A) Income or expenses of less than $2,500.--Any
registrant whose--
(i) total income for a particular client
for matters that are related to lobbying
activities on behalf of that client (in the
case of a registrant described in subsection
(b)(3)), or
(ii) total expenses in connection with
lobbying activities (in the case of a
registrant described in subsection (b)(4)),
are less than $2,500 in a semiannual period (as
estimated under paragraph (3) or (4) of subsection (b),
or paragraph (3) of subsection (c), as applicable) is
deemed to be inactive during such period and may comply
with the reporting requirements of this section by so
notifying the Director in such form as the Director may
prescribe.
(B) Adjustment.--The $2,500 figure in subparagraph
(A) shall be adjusted as provided in section
4(a)(3)(B).
(b) Contents of Report.--Each semiannual report filed under
subsection (a) shall be in such form as the Director shall prescribe by
regulation and shall contain--
(1) the name of the registrant, the name of the client, and
any changes or updates to the information provided in the
initial registration;
(2) for each general issue area in which the registrant
engaged in lobbying activities on behalf of the client during
the semiannual filing period--
(A) a list of the specific issues upon which the
registrant engaged in lobbying activities, including,
to the maximum extent practicable, a list of bill
numbers and references to specific regulatory actions,
programs, projects, contracts, grants, and loans;
(B) a statement of the Houses and committees of
Congress and the Federal agencies contacted by
lobbyists employed by the registrant on behalf of the
client during the semiannual filing period;
(C) a list of the employees of the registrant who
acted as lobbyists on behalf of the client;
(D) a description of the interest in the specific
issues, if any, of any foreign entity identified under
section 4(b)(4); and
(E) a list of the specific issues on which any
person or organization required to be identified under
section 4(b)(5) has engaged in grassroots lobbying
communications on behalf of the client;
(3) in the case of a registrant engaged in lobbying
activities on behalf of a client other than the registrant, a
good faith estimate of the total amount of all income from the
client (including any payments to the registrant by any other
person for lobbying activities on behalf of the client) during
the semiannual period, other than income for matters that are
unrelated to lobbying activities;
(4) in the case of a registrant engaged in lobbying
activities on its own behalf, a good faith estimate of the
total expenses that the registrant and its employees incurred
in connection with lobbying activities during the semiannual
filing period; and
(5) a good faith estimate of the total expenses that the
registrant and its employees incurred in connection with
grassroots lobbying communications on behalf of the client
(including any amount paid in connection with such
communications to a person or organization required to be
identified under section 4(b)(5)).
(c) Estimates of Income or Expenses.--For purposes of this section,
estimates of income or expenses shall be made as follows:
(1) $200,000 or less.--Income or expenses of $200,000 or
less shall be estimated in accordance with the following
categories:
(A) At least $2,500 but not more than $10,000.
(B) More than $10,000 but not more than $20,000.
(C) More than $20,000 but not more than $50,000.
(D) More than $50,000 but not more than $100,000.
(E) More than $100,000 but not more than $200,000.
(2) More than $200,000.--Income or expenses in excess of
$200,000 shall be estimated and rounded to the nearest
$100,000.
(3) Estimates based on tax reporting system.--In the case
of any registrant that reports lobbying expenditures as
required by section 6033 of the Internal Revenue Code of 1986,
regulations prescribed under section 7 of this Act shall
provide that the registrant may make a good faith estimate of
amounts that would be required to be disclosed under such
section of the Internal Revenue Code of 1986 for the applicable
semiannual period (by category of dollar value) to meet the
requirements of subsection (b)(4), if each time the registrant
makes such an estimate, the registrant informs the Director
that the registrant is making such an estimate.
(4) Construction.--In estimating total income or expenses
under this section, a registrant is not required to include--
(A) the value of contributed services for which no
payment is made; or
(B) the expenses for services provided by an
independent contractor of the registrant who is
separately registered under this Act.
(d) Contacts.--
(1) Contacts considered contacts with committees.--For
purposes of subsection (b)(2), any contact with a member of a
committee of Congress, an employee of a committee of Congress,
or an employee of a member of a committee of Congress regarding
a matter within the jurisdiction of such committee shall be
considered a contact with the committee.
(2) Contacts considered contacts with house of congress.--
For purposes of subsection (b)(2), any contact with a Member of
Congress or an employee of a Member of Congress regarding a
matter which is not within the jurisdiction of a committee of
Congress of which that Member is a member shall be considered a
contact with the House of Congress of that Member.
(3) Contacts considered contacts with federal agencies.--
For purposes of subsection (b)(2), any contact with a covered
executive branch official shall be considered a contact with
the Federal agency that employs that official.
(e) Extension for Filing.--The Director may grant an extension of
time of not more than 30 days for the filing of any report under this
section, upon the request of the registrant, for good cause shown.
SEC. 6. PROHIBITION ON GIFTS, MEALS, TRAVEL, ENTERTAINMENT,
REIMBURSEMENTS, AND LOANS; ITEMIZATION OF CERTAIN
EXPENDITURES
(a) In General.--
(1) Registrants and lobbyists.--In accordance with this
section, each registrant (including a lobbyist employed by, or
a lobbyist who is a member of, a registrant) or any client of a
registrant shall be--
(A) prohibited from providing, directly or
indirectly, gifts, meals, travel, entertainment,
reimbursements, and loans described in subsection (b),
and
(B) required to make an itemized disclosure of
expenditures described in subsection (c) and provided,
directly or indirectly,
to a covered legislative branch official, to an entity that is
maintained or controlled by a covered legislative branch
official, or to any other person or entity on behalf of a
covered legislative branch official (collectively referred to
in this subsection as a ``covered person or entity'').
(2) Foreign lobbyists.--For purposes of this section, a
registrant or any client of a registrant shall include a
foreign principal (as defined in section 1(b) of the Foreign
Agents Registration Act) and an agent of a foreign principal
(as defined in section 1(c) of such Act).
(b) Prohibition.--A registrant (including a lobbyist) or any client
of a registrant may not provide, directly or indirectly (with funds of
a registrant or a client), to or on behalf of or for a covered person
or entity:
(1) Travel, entertainment, food, and lodging.--Payment for
local or long-distance transportation, entertainment, food, or
lodging, whether provided in kind, by purchase of a ticket, by
payment in advance or by reimbursement, or otherwise.
(2) Reimbursement.--Reimbursement of an expense.
(3) Loan.--A loan.
(4) Gifts.--Any other item of value.
(c) Disclosure.--With respect to expenditures described in this
subsection, the prohibitions prescribed by subsection (b) with respect
to an expenditure will not apply to a registrant or any client of a
registrant if the registrant discloses the expenditure of the
registrant or the client, in the registrant's semiannual report under
section 5(a) or in a separate report on itemized expenditures subject
to the same filing requirements, as follows:
(1) In general.--With respect to each expenditure described
in paragraph (2), the registrant shall disclose--
(A) the name and position of the covered
legislative branch official or other covered person or
entity to whom or which or on behalf of whom or which
the expenditure was made;
(B) the type of the expenditure;
(C) the date on which the expenditure was made; and
(D) the amount of the expenditure.
(2) Expenditures subject to disclosure.--The following
expenditures are subject to disclosure under paragraph (1):
(A) Necessary travel-related expenditures made by a
registrant described in section 5(b)(4) or a client of
a registrant described in section 5(b)(3) for a covered
legislative branch official or a person on behalf of
such an official in connection with speaking
engagements, fact finding trips, substantial
participation in an event sponsored by an entity
described in section 170(c) or 527(e) of the Internal
Revenue Code of 1986, and similar events if the
expenditure covers the costs of a trip for a period of
not more than--
(i) 4 consecutive days in the case of
domestic travel and 7 consecutive days
(excluding travel days) in the case of
international travel, and
(ii) 24 hours before or after such person's
actual participation in the event in the case
of domestic travel or 48 hours before or after
such person's actual participation in the event
in the case of international travel.
Necessary travel-related expenditures include
reimbursements for necessary transportation whether or
not such transportation occurs within the periods
described in clause (i) or (ii), but does not include
expenditures for travel, lodging, or entertainment
collateral to the event or meals taken other than in a
group setting to which all other attendees are invited.
(B) Honorary degrees and associated meals and
entertainment provided to a covered person or entity.
(C) Food, refreshment, or entertainment provided a
covered person or entity while attending a meeting or
event with persons who are not United States citizens
while on official travel to a foreign area.
(3) Conferences.--With respect to each financial
contribution or expenditure relating to a conference, retreat,
or similar event for or on behalf of covered legislative branch
officials which is sponsored by or affiliated with an official
congressional organization, the registrant shall disclose--
(A) the nature of the conference, retreat, or
similar event;
(B) the date or dates on which the conference,
retreat, or other event occurred;
(C) the identity of the organization that sponsored
or is affiliated with the event; and
(D) a single aggregate figure for the contributions
or expenditures made by the registrant or client of the
registrant in connection with the conference, retreat,
or similar event.
(4) Events.--With respect to each financial contribution or
expenditure that relates to a widely attended event that is
hosted or cohosted with, or in honor of, 1 or more covered
legislative branch officials, the registrant shall disclose--
(A) the name and position of each such covered
legislative branch official that hosted, cohosted, or
was honored at such event
(B) the nature of the event;
(C) the date on which the event occurred; and
(D) a single aggregate figure for the contributions
or expenditures made by the registrant in connection
with the event.
(5) Charitable contributions.--With respect to each
charitable contribution (as defined in section 170(c) of the
Internal Revenue Code of 1986) made in lieu of an honorarium on
the basis of a designation, recommendation, or other
specification made by a covered legislative branch official,
the registrant shall disclose--
(A) the name and position of each such covered
legislative branch official;
(B) the name of any covered person or entity to
whom or which the contribution was made;
(C) the date on which the contribution was made;
and
(D) the value of the contribution.
(6) Contributions to legal defense fund.--With respect to
each contribution or other payment made to a legal defense fund
established for the benefit of a covered legislative branch
official, the registrant shall disclose--
(A) the name and position of each such covered
legislative branch official;
(B) the name of any other person or entity to whom
or which the contribution was made;
(C) the date on which the contribution was made;
and
(D) the value of the contribution.
(7) Notification.--Not less than 3 weeks after an
expenditure required to be reported under this subsection is
made, the registrant or any client of a registrant who made or
for whom was made such expenditure shall provide, in a standard
format determined by the Office of Lobbying Registration and
Public Disclosure, to any covered person or entity, whose name
the registrant or client intends for the registrant to include
in either the registrant's semiannual report under section 5(a)
or a separate report on itemized expenditures under this
subsection, a complete list of the information the registrant
intends to disclose relative to that covered person or entity.
The registrant shall not list in its report referred to in this
paragraph any information relative to a covered person or
entity who--
(A) was not the subject of the expenditure referred
to in the preceding sentence, or
(B) reimburses the person making such expenditure
the full amount of such expenditure within 30 days of
the receipt of notification under this paragraph.
(d) Exceptions.--The following are not subject to subsection (b) or
(c):
(1) Anything for which market value is paid by the
recipient.
(2) A contribution, as defined in the Federal Election
Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully
made under that Act.
(3) An item of little intrinsic value such as a greeting
card, baseball cap, or a T-shirt or a personalized item such as
a plaque, certificate, or trophy that is intended solely for
recognition of a covered legislative branch official.
(4) Food and attendance provided to a covered person or
entity at an event sponsored by an organization described in
section 170(c) or 527(e) of the Internal Revenue Code of 1986.
(5)(A) An item described in subsection (b) (hereafter in
this paragraph referred to as an ``item'') given under
circumstances which make it clear that the item is given for a
nonbusiness purpose and is motivated by a family relationship
or personal friendship and not by the position of the
recipient. In determining if the giving of an item is motivated
by a family relationship or personal friendship, at least the
following factors shall be considered:
(i) The history of the relationship between the
individual giving the item and the individual receiving
the item, including whether or not items have
previously been exchanged by such individuals.
(ii) Whether the item was purchased by the
individual who gave the item.
(iii) Whether the individual who gave the item also
at the same time gave the same or similar item to other
covered persons or entities.
(B) The giving of an item shall not be considered to be
motivated by a family relationship or personal friendship if
the family member or friend seeks--
(i) to deduct the value of such item as a business
expense on the family member's or friend's Federal
income tax return, or
(ii) reimbursement either from a registrant or from
a client.
(6) Items which are not used and which are promptly
returned to the donor.
(7) Except with respect to items described in subsection
(c)--
(A) attendance, food, and refreshments at widely
attended gatherings, including conventions,
conferences, symposiums, retreats, dinners, receptions,
viewings, or similar events if such attendance, food,
and refreshments are unsolicited by the recipient and
provided by the sponsor of the event,
(B) meals or entertainment that are unsolicited by
the recipient and not paid for either directly or
indirectly (including with funds of a registrant or
client) by a lobbyist or an agent of a foreign
principal (as defined in section 1(c) of the Foreign
Agents Registration Act) and not paid for either
directly or indirectly by a registrant described in
section 5(b)(3), if an employee (other than a lobbyist)
of--
(i) a registrant described in section
5(b)(4), or
(ii) a client of a registrant described in
section 5(b)(3),
acting in a representational capacity, substantially
participates in the meal or entertainment, and
(C) modest items of food or refreshment such as
soft drinks, coffee, or doughnuts offered other than as
part of a meal.
(8) Rewards and prizes given to competitors in contests or
events, including random drawings open to the public.
(9) Loans from financial institutions on terms generally
available to the public.
(10) Opportunities and benefits, including favorable rates
and commercial discounts, available to the public or to a class
consisting of all Government employees whether or not
restricted on the basis of geographical considerations.
(11) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan
maintained by a former employer.
(12) Anything which is paid for by the Government or
secured by the Government under Government contract.
(13) Any gift accepted under specific statutory authority
except section 901 of the Ethics Reform Act of 1989 (2 U.S.C.
31-2).
(14) Reduced membership or other fees for participation in
organizational activities offered to all Government employees
by professional organizations if the only restrictions on
membership relate to professional qualifications.
(15) Opportunities and benefits offered to members of a
group or class in which membership is unrelated to
congressional employment.
(16) Opportunities and benefits offered to members of an
organization, such as credit unions, in which membership is
related to congressional employment if similar benefits are
broadly available to large segments of the public through
organizations of similar size.
(17) Gifts resulting from the covered legislative branch
official's outside business or employment activities when it is
clear that such benefits have not been offered or enhanced
because of the covered legislative branch official's official
status.
(18) Gifts resulting from the business or employment
activities of a covered legislative branch official's spouse
when it is clear that such benefits have not been offered or
enhanced because of the covered legislative branch official's
official position.
(19) Informational materials that are sent to a covered
legislative branch official's office in the form of books,
articles, periodicals, other written materials, audio tapes,
videotapes, or other forms of communication.
(20) Home State products, food, or other items of minimal
value used primarily for promotional purposes.
(e) Definition.--For purposes of this section, the term ``market
value'' when applied to a gift means the retail cost a person would
incur to purchase the gift. The market value of a gift of a ticket
entitling the holder to food, refreshments, or entertainment is the
retail cost of similar food, refreshments, or entertainment.
(f) Clients.--
(1) Notice to clients.--A registrant described in section
5(b)(3) shall by written notice inform any client of the
registrant of the requirements of this section applicable to
the client. Such notice shall be provided at the time the
registrant registers on behalf of such client under section 4
and at the beginning of each semiannual reporting period under
section 5(a).
(2) Notice by clients.--If a client of a registrant makes
an expenditure which such registrant will be required to report
under subsection (c), the client shall promptly notify the
registrant of such expenditure. Failure to provide such notice
shall be considered to be a violation of this Act.
(g) House Rules.--Clause (4) of Rule XLIII of the Rules of the
House of Representatives is amended by adding at the end the following:
``A Member, officer, or employee of the House of Representatives shall
not accept a gift given by a lobbyist or registrant subject to the
Lobbying Disclosure Act of 1994 in knowing violation of that Act.''.
SEC. 7. ESTABLISHMENT AND DUTIES OF OFFICE OF LOBBYING REGISTRATION AND
PUBLIC DISCLOSURE.
(a) Establishment.--
(1) Office and director.--There is established as an
independent agency in the executive branch an Office of
Lobbying Registration and Public Disclosure, which shall be
headed by a Director. The Director shall be appointed by the
President, by and with the advice and consent of the Senate.
The Director shall be an individual who, by demonstrated
ability, background, training, and experience, is especially
qualified to carry out the functions of the position. The term
of service of the Director shall be 5 years.
(2) Compensation.--Section 5316 of title 5, United States
Code, is amended by adding at the end thereof the following:
``Director of the Office of Lobbying Registration and
Public Disclosure.''.
(3) Employees and services.--The Director may--
(A) appoint officers and employees, including
attorneys, in accordance with chapter 51 and subchapter
III of chapter 53 of title 5, United States Code; and
(B) contract for financial and administrative
services (including those related to budget and
accounting, financial reporting, personnel, and
procurement) with the General Services Administration
or such other Federal agency as the Director determines
appropriate, for which payment shall be made in advance
or by reimbursement from funds of the Office in such
amounts as may be agreed upon by the Director and the
head of the agency providing such services.
Contract authority under subparagraph (B) shall be effective
for any fiscal year only to the extent that appropriations are
available for that purpose.
(b) Duties.--The Director of the Office of Lobbying Registration
and Public Disclosure shall--
(1) after notice and a reasonable opportunity for public
comment, and consultation with the Secretary of the Senate, the
Clerk of the House of Representatives, and the Administrative
Conference of the United States, prescribe such regulations,
forms, and penalty schedules as are necessary to carry out this
Act;
(2) provide guidance and assistance on the registration and
reporting requirements of this Act, including the issuance of
published decisions and advisory opinions;
(3) review the registrations and reports filed under this
Act and make such verifications or inquiries as are necessary
to ensure the completeness, accuracy, and timeliness of the
registrations and reports;
(4) develop filing, coding, and cross-indexing systems to
carry out the purposes of this Act, including computerized
systems designed to minimize the burden of filing and maximize
public access to materials filed under this Act;
(5) ensure that the computer systems developed pursuant to
paragraph (4)--
(A) allow the materials filed under this Act to be
accessed by client name, lobbyist name, and registrant
name;
(B) are compatible with computer systems developed
and maintained by the Federal Election Commission, and
that information filed in the two systems can be
readily cross-referenced; and
(C) are compatible with computer systems developed
and maintained by the Secretary of the Senate and the
Clerk of the House of Representatives;
(6) make copies of each registration and report filed under
this Act available to the public, upon the payment of
reasonable fees, not to exceed the cost of such copies, as
determined by the Director, in electronic and hard copy formats
as soon as practicable after the date on which such
registration or report is received;
(7) preserve the originals or accurate reproduction of--
(A) registrations filed under this Act, and
(B) of reports filed under this Act,
for a period of not less than 3 years from the date on which
the registration or report is received;
(8) maintain a computer record of--
(A) the information contained in registrations, and
(B) the information contained in reports filed
under this Act for not less than 5 years after the date
on which such reports are received;
(9) compile and summarize, with respect to each semiannual
period, the information contained in registrations and reports
filed with respect to such period in a manner which clearly
presents the extent and nature of expenditures on lobbying
activities during such period;
(10) make information compiled and summarized under
paragraph (9) available to the public in electronic and hard
copy formats as soon as practicable after the close of each
semiannual filing period;
(11) provide, by computer telecommunication or other
transmittal in a form accessible by computer, to the Secretary
of the Senate and the Clerk of the House of Representatives
copies of all registrations and reports received under sections
4 and 5 and all compilations, cross-indexes, and summaries of
such registrations and reports, as soon as practicable (but not
later than 3 working days) after such material is received or
created;
(12) make available to the public a list of all persons
whom the Director determines, under section 9(c) or 10(c), to
have violated this Act and submit such list to the Congress on
a semiannual basis;
(13) upon request, indicate if an individual who may have
been the subject of a lobbying contact is or has been within 3
years before the date of the request a covered executive branch
official or a covered legislative branch official; and
(14) transmit to the President and the Congress a report,
not later than March 31 of each year, describing the activities
of the Office and the implementation of this Act, including--
(A) a financial statement for the preceding fiscal
year;
(B) a summary of the registrations and reports
filed with the Office with respect to the preceding
calendar year;
(C) a summary of the registrations and reports
filed on behalf of foreign entities with respect to the
preceding calendar year; and
(D) recommendations for such legislative or other
action as the Director considers appropriate.
SEC. 8. INITIAL PROCEDURE FOR ALLEGED VIOLATIONS.
(a) Allegation of a Violation.--Whenever the Office of Lobbying
Registration and Public Disclosure has reason to believe that a person
may be in violation of the requirements of this Act, the Director shall
notify the person in writing of the nature of the alleged violation and
provide an opportunity for the person to respond in writing to the
allegation within 30 days after the notification is sent or such longer
period as the Director may determine appropriate in the circumstances.
(b) Initial Determination.--If the person responds within the
period described in the notification under subsection (a), the Director
shall--
(1) issue a written determination that the person has not
violated this Act if the person provides adequate information
or explanation to make such determination; or
(2) make a formal request for information under subsection
(c) or a determination under section 9, if the information or
explanation provided indicates that such person may have
violated this Act.
A determination under paragraph (1) may be published by the Director
with the names redacted if the Director determines the determination
without the names provides useful guidance.
(c) Formal Request for Information.--If a person fails to respond
in writing within the period described in the notification under
subsection (a) or the response is not adequate to determine whether
such person has violated this Act, the Director may make a formal
request for specific additional written information (subject to
applicable privileges) that is reasonably necessary for the Director to
make such determination. Each such request shall be structured to
minimize any burden imposed, consistent with the need to determine
whether the person is in compliance with this Act, and shall--
(1) state the nature of the conduct constituting the
alleged violation which is the basis for the inquiry and the
provision of law applicable thereto;
(2) describe the class or classes of material to be
produced pursuant to the request with such definiteness and
certainty as to permit such material to be readily identified;
and
(3) prescribe a return date or dates which provide a
reasonable period of time within which the person may assemble
and make available for inspection and copying or reproduction
the material so requested.
(d) Nondisclosure of Information.--Information provided to the
Director under this section and sections 9 and 10 shall not be made
available to the public without the consent of the person providing the
information, except to the extent such information may be included in--
(1) any new or amended registration or report filed in
connection with an inquiry under this section; or
(2) a written decision issued by the Director under section
9 or 10 after appropriate redaction by the Director to protect
the interests of innocent parties.
SEC. 9. DETERMINATIONS OF VIOLATIONS.
(a) Notification and Hearing.--If the information provided to the
Director under section 8 indicates that a person may have violated this
Act, the Director shall--
(1) notify the person in writing of this finding and, if
appropriate, a proposed penalty assessment and provide such
person with an opportunity to respond in writing within 30 days
after the notice is sent; and
(2) if requested in writing by that person within that 30-
day period, afford the person an opportunity for a hearing on
the record under the provisions of section 554 of title 5,
United States Code.
(b) Determination.--Upon the receipt of a written response under
subsection (a)(1) when no hearing under subsection (a)(2) is requested,
upon the completion of a hearing requested under subsection (a)(2), or
upon the expiration of 30 days in a case in which no such written
response is received, the Director shall review the information
received under this section (including evidence presented at any such
hearing) and section 8 and make a final determination whether there was
a violation and a final determination of the penalty, if any. If no
written response was received under this section within the 30-day
period provided, the determination and penalty assessment shall
constitute a final order not subject to appeal.
(c) Written Decision.--
(1) Determination of violation.--If the Director makes a
final determination under subsection (b) that there was a
violation, the Director shall issue a public written decision--
(A) directing the person to correct the violation;
and
(B) assessing a civil monetary penalty in an amount
determined as follows:
(i) In the case of a minor violation, the
amount shall be no more than $10,000, depending
on the nature and extent of the violation.
(ii) In the case of a significant
violation, the amount shall be more than
$10,000, but no more than $200,000, depending
on the nature and extent of the violation and
the extent to which the person may have
profited from the violation.
(2) Determination of no violation or insufficient
Evidence.--If the Director determines that no violation
occurred or there was not sufficient evidence that a violation
occurred, the Director shall issue a written notice of such
determination to the person charged. Such notice may be
published by the Director with names redacted if the Director
determines it provides useful guidance.
(d) Civil Injunctive Relief.--If a person fails to comply with a
directive to correct a violation under subsection (c), the Director
shall refer the case to the Attorney General to seek civil injunctive
relief in the appropriate court of the United States to compel such
person to comply with such directive.
(e) Penalty Assessments.--
(1) General rule.--No penalty shall be assessed under this
section unless the Director finds that the person subject to
the penalty knew or should have known that such person was in
violation of this Act. In determining the amount of a penalty
to be assessed, the Director shall take into account the
totality of the circumstances, including the extent and gravity
of the violation and such other matters as justice may require.
(2) Regulations.--Regulations prescribed by the Director
under section 7 shall define minor and significant violations.
Significant violations shall be defined to include a failure to
register and any other violation that is extensive or repeated
if the person who commits such violation knew or should have
known that the action constituting the violation was a
violation of this Act.
(f) Limitation.--No proceeding shall be initiated under this
section relating to a registration or report filed or required to be
filed under this Act unless the Director notifies the person who is to
be the subject to the proceeding of the alleged violation within 3
years after the date on which such registration or report was filed or
was required to be filed.
SEC. 10. OTHER VIOLATIONS.
(a) Late Registration or Filing; Failure To Provide Information.--
If a person registers or files a report after a registration or filing
is required under this Act, or fails to provide information requested
by the Director under section 8(c), the Director shall--
(1) notify the person in writing of the violation and a
proposed penalty assessment and provide such person with an
opportunity to respond in writing within 30 days after the
notice is sent; and
(2) if requested by that person within that 30-day period,
afford the person a hearing in accordance with section 9(a)(2).
(b) Determination.--Upon the receipt of a written response under
subsection (a)(1) when no hearing under subsection (a)(2) is requested,
upon the completion of a hearing requested under subsection (a)(2), or
upon the expiration of 30 days in a case in which no such written
response is received, the Director shall review the information
received under subsection (a) (including evidence presented at any such
hearing) and, unless the Director determines, on the basis of such
information, that the late filing or failure to provide information was
justified, the Director shall make a final determination of a violation
and a final determination of the penalty, if any. If no written
response or request for a hearing was received under subsection (a)
within the 30-day period provided, the determination and penalty
assessment shall constitute a final order not subject to appeal.
(c) Written Decision.--
(1) Determination of violation.--If the Director makes a
final determination under subsection (b) that there was a
violation, the Director shall issue a public written decision--
(A) in the case of a late registration or filing,
assessing a civil monetary penalty of $200 for each
week by which the filing was late, with the total
penalty not to exceed $10,000; or
(B) in the case of a failure to provide
information--
(i) directing the person to provide the
information within a reasonable period of time;
and
(ii) except where the Director determines
that the violation was the result of a good
faith dispute over the validity or appropriate
scope of a request for information, assessing a
civil monetary penalty in an amount not to
exceed $10,000.
(2) Determination of no violation or insufficient
evidence.--If the Director determines that no violation
occurred or there was not sufficient evidence that a violation
occurred, the Director shall issue a written notice of such
determination to the person charged. Such notice may be
published by the Director with names redacted if the Director
determines it provides useful guidance.
(d) Civil Injunctive Relief.--In the case of a person failing to
comply with a directive issued under subsection (c)(2)(A), the Director
shall refer such matter to the Attorney General, who shall seek civil
injunctive relief in the appropriate court of the United States to
compel such person to comply with such directive unless the Attorney
General finds no reasonable likelihood that the Government would
prevail.
SEC. 11. JUDICIAL REVIEW.
(a) Final Decision.--A written decision issued by the Director
under section 9 or 10 shall become final 60 days after the date on
which the Director provides notice of the decision, unless such
decision is appealed under subsection (b) of this section.
(b) Appeal.--Any person adversely affected by a written decision
issued by the Director under section 9 or 10 may appeal such decision,
except as provided under section 9(b) or 10(b), to the appropriate
United States court of appeals. Such review may be obtained by filing a
written notice of appeal in such court no later than 60 days after the
date on which the Director provides notice of the Director's decision
and by simultaneously sending a copy of such notice of appeal to the
Director. The Director shall file in such court the record upon which
the decision was issued, as provided under section 2112 of title 28,
United States Code. The findings of fact of the Director shall be
conclusive, unless found to be unsupported by substantial evidence, as
provided under section 706(2)(E) of title 5, United States Code. Any
penalty assessed or other action taken in the decision shall be stayed
during the pendency of the appeal.
(c) Recovery of Penalty.--Any penalty assessed in a written
decision which has become final under this Act may be recovered in a
civil action brought by the Attorney General in an appropriate United
States district court. In any such action, no matter that was raised or
that could have been raised before the Director or pursuant to judicial
review under subsection (b) may be raised as a defense, and the
determination of liability and the determination of amounts of
penalties and assessments shall not be subject to review.
SEC. 12. RULES OF CONSTRUCTION.
(a) Constitutional Rights.--Nothing in this Act shall be construed
to prohibit or interfere with--
(1) the right to petition the government for the redress of
grievances,
(2) the right to express a personal opinion, or
(3) the right of association,
protected by the First Amendment to the Constitution.
(b) Prohibition of Activities.--Nothing in this Act shall be
construed to prohibit, or to authorize the Director or any court to
prohibit lobbying activities or lobbying contacts by any person,
regardless of whether such person is in compliance with the
requirements of this Act.
(c) Audit and Investigations.--Nothing in this Act shall be
construed to grant general audit or investigative authority to the
Director, or to authorize the Director to review the files of a
registrant, except in accordance with the requirements of section 8.
SEC. 13. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT.
The Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et
seq.), is amended--
(1) in section 1--
(A) by striking out subsection (j);
(B) in subsection (o), by striking out ``the
dissemination of political propaganda and any other
activity which the person engaging therein believes
will, or which he intends to, prevail upon,
indoctrinate, convert, induce, persuade, or in any
other way influence'' and inserting in lieu thereof
``any activity which the person engaging in believes
will, or which he intends to, in any way influence'';
(C) in subsection (p) by striking out the semicolon
and inserting in lieu thereof a period; and
(D) by striking out subsection (q);
(2) in section 3(g) (22 U.S.C. 613(g)), by striking out
``established agency proceedings, whether formal or informal.''
and inserting in lieu thereof ``judicial proceedings, criminal
or civil law enforcement inquiries, investigations or
proceedings, or agency proceedings required by statute or
regulation to be conducted on the record.'';
(3) in section 3 (22 U.S.C. 613), by adding at the end the
following:
``(h) Any agent of a person described in section 1(b)(2) or an
entity described in section 1(b)(3) of this Act if the agent is
required to register and does register under the Lobbying Disclosure
Act of 1994 in connection with the agent's representation of such
person or entity.''.
(4) in section 4(a) (22 U.S.C. 614(a))--
(A) by striking out ``political propaganda'' and
inserting in lieu thereof ``informational materials'';
and
(B) by striking out ``and a statement, duly signed
by or on behalf of such an agent, setting forth full
information as to the places, times, and extent of such
transmittal'';
(5) in section 4(b) (22 U.S.C. 614(b))--
(A) in the matter preceding clause (i) by striking
out ``political propaganda'' and inserting in lieu
thereof ``informational materials''; and
(B) by striking out ``(i) in the form of prints,
or'' and all that follows through the end of the
subsection and inserting in lieu thereof ``without
placing in such informational materials a conspicuous
statement that the materials are distributed by the
agent on behalf of the foreign principal, and that
additional information is on file with the Department
of Justice, Washington, District of Columbia. The
Attorney General may by rule define what constitutes a
conspicuous statement for the purposes of this
subsection.'';
(6) in section 4(c) (22 U.S.C. 614(c)), by striking out
``political propaganda'' and inserting in lieu thereof
``informational materials'';
(7) in section 6 (22 U.S.C. 616)--
(A) in subsection (a), by striking out ``and all
statements concerning the distribution of political
propaganda'';
(B) in subsection (b), by striking out ``, and one
copy of every item of political propaganda''; and
(C) in subsection (c), by striking out ``copies of
political propaganda,'';
(8) in section 8 (22 U.S.C. 618)--
(A) in subsection (a)(2), by striking out ``or in
any statement under section 4(a) hereof concerning the
distribution of political propaganda''; and
(B) by striking out subsection (d); and
(9) in section 11 (22 U.S.C. 621), by striking out ``,
including the nature, sources, and content of political
propaganda disseminated or distributed''.
SEC. 14. AMENDMENTS TO THE BYRD AMENDMENT.
(a) Revised Certification Requirements.--Section 1352(b) of title
31, United States Code, is amended--
(1) in paragraph (2), by striking out subparagraphs (A),
(B), and (C) and inserting in lieu thereof the following:
``(A) the name of any registrant under the Lobbying
Disclosure Act of 1994 who has made lobbying contacts
on behalf of the person with respect to that Federal
contract, grant, loan, or cooperative agreement; and
``(B) a certification that the person making the
declaration has not made, and will not make, any
payment prohibited by subsection (a).'';
(2) in paragraph (3), by striking out all that follows
``loan shall contain'' and inserting in lieu thereof ``the name
of any registrant under the Lobbying Disclosure Act of 1994 who
has made lobbying contacts on behalf of the person in
connection with that loan insurance or guarantee.''; and
(3) by striking out paragraph (6) and redesignating
paragraph (7) as paragraph (6).
(b) Removal of Obsolete Reporting Requirement.--Section 1352 of
title 31, United States Code, is further amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
SEC. 15. REPEAL OF CERTAIN LOBBYING PROVISIONS.
(a) Repeal of the Federal Regulation of Lobbying Act.--The Federal
Regulation of Lobbying Act (2 U.S.C. 261 et seq.) is repealed.
(b) Repeal of Provisions Relating to Housing Lobbyist Activities.--
(1) Section 13 of the Department of Housing and Urban
Development Act (42 U.S.C. 3537b) is repealed.
(2) Section 536(d) of the Housing Act of 1949 (42 U.S.C.
1490p(d)) is repealed.
SEC. 16. CONFORMING AMENDMENTS TO OTHER STATUTES.
(a) Amendment to Competitiveness Policy Council Act.--Section
5205(e) of the Competitiveness Policy Council Act (15 U.S.C. 4804(e))
is amended by inserting ``or a lobbyist for a foreign entity (as the
terms `lobbyist' and `foreign entity' are defined in section 3 of the
Lobbying Disclosure Act of 1994)'' after ``an agent for a foreign
principal''.
(b) Amendments to Title 18, United States Code.--Section 219(a) of
title 18, United States Code, is amended (1) by inserting ``or a
lobbyist required to register under the Lobbying Disclosure Act of 1994
in connection with the representation of a foreign entity, as defined
in section 3(7) of that Act'' after ``an agent of a foreign principal
required to register under the Foreign Agents Registration Act of
1938'', and (2) by striking out ``, as amended,''. Section 201(c)(1) of
such title is amended by inserting ``or rule or regulation issued
pursuant to section 7353(b) by the supervising ethics office as defined
in section 7353(d)(1) (A) through (E) of title 5'' after ``as provided
by law''.
(c) Amendment to Foreign Service Act of 1980.--Section 602(c) of
the Foreign Service Act of 1980 (22 U.S.C. 4002(c)) is amended by
inserting ``or a lobbyist for a foreign entity (as defined in section
3(7) of the Lobbying Disclosure Act of 1994)'' after ``an agent of a
foreign principal (as defined by section 1(b) of the Foreign Agents
Registration Act of 1938)''.
SEC. 17. IDENTIFICATION OF FOREIGN CLIENT.
(a) Oral Lobbying Contact.--Any person who makes an oral lobbying
contact with a covered legislative branch official or a covered
executive branch official on behalf of a foreign client shall, on the
request of the official, identify the client on whose behalf the
lobbying contact was made, state that such client is considered a
foreign client under this section, and state whether such person is
registered on behalf of that client under section 4. Such person shall,
within one week of such lobbying contact, send to the covered
legislative branch official or the covered executive branch official
written confirmation of the information provided.
(b) Written Lobbying Contact.--Any person who makes a written
lobbying contact (including an electronic communication) with a covered
legislative branch official or a covered executive branch official on
behalf of a foreign client shall identify the client on whose behalf
the lobbying contact was made, state that such client is considered a
foreign client under this section, and state whether such person is
registered on behalf of that client under section 4.
(c) Definition.--For purposes of subsections (a) and (b), the term
``foreign client'' means a foreign entity as defined in section 3(7) or
any organization or combination of persons under United States or
foreign law if more than 50 percent of its members are foreign
entities, if more than 50 percent of the equitable ownership of the
organization or combination is held by foreign entities, or if more
than 50 percent of its financial support is provided by foreign
entities.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal year such
sums as may be necessary to carry out this Act.
SEC. 19. SEVERABILITY.
If any provision of this Act, or the application thereof, is held
invalid, the validity of the remainder of this Act and the application
of such provision to other persons and circumstances shall not be
affected thereby.
SEC. 20. EFFECTIVE DATES AND INTERIM RULE.
(a) In General.--Except as otherwise provided in this section, the
provisions of this Act shall take effect 1 year after the date of the
enactment of this Act.
(b) Establishment of Office.--The provisions of sections 7 and 18
and the amendments made by section 16 shall take effect on the date of
the enactment of this Act.
(c) Repeals and Amendments.--The repeals and amendments made under
sections 13, 14, and 15 shall take effect as provided under subsection
(a), except that such repeals and amendments--
(1) shall not affect any proceeding or suit commenced
before the effective date under subsection (a), and in all such
proceedings or suits, proceedings shall be had, appeals taken,
and judgments rendered in the same manner and with the same
effect as if this Act had not been enacted; and
(2) shall not affect the requirements of Federal agencies
to compile, publish, and retain information filed or received
before the effective date of such repeals and amendments.
(d) Regulations.--Proposed regulations required to implement this
Act shall be published for public comment no later than 270 days after
the date of the enactment of this Act. No later than 1 year after the
date of the enactment of this Act, final regulations required to
implement this Act shall be published.
(e) Phase-in-Period.--No penalty shall be assessed by the Director
under section 9(e) for a violation of this Act, other than for a
violation of section 6, which occurs during the first semiannual
reporting period under section 5 after the effective date prescribed by
subsection (a).
(f) Interim Reporting Rule.--
(1) Rule.--For 3 years after the date of the enactment of
this Act, any registrant engaged in lobbying activities on its
own behalf that is denied a deduction for expenditures
associated with such lobbying activities under section 162(e)
of the Internal Revenue Code of 1986, may make a good faith
estimate (by category of dollar value) of the amount of the
deduction denied for the applicable semiannual period to meet
the requirements of section 5(b)(4) of this Act. Each time a
registrant elects to estimate lobbying expenditures pursuant to
this paragraph, the registrant shall inform the Director that
it is making such an estimate.
(2) Study.--Within 120 days of the filing of reports by
registrants under section 5 in the second semiannual reporting
period, the Comptroller General of the United States shall
review reporting by registrants under paragraph (1) in such
periods and report to the Congress--
(A) the differences between the definition of
lobbying activities in section 3 and the definition of
lobbying expenditures in such section 162(e) as each
are implemented by regulations;
(B) the impact any such differences may have on the
amounts reported by the registrants who elect to
estimate lobbying expenditures pursuant to paragraph
(1); and
(C) any changes to this Act or to such section
162(e) which the Comptroller General may recommend to
harmonize the two definitions.
(g) Transitional Filing Requirement.--
(1) Simultaneous filing.--Subject to the provisions of
paragraph (2), each registrant shall transmit simultaneously to
the Secretary of the Senate and the Clerk of the House of
Representatives an identical copy of each registration and
report required to be filed under this Act.
(2) Sunset provision.--The simultaneous filing requirement
under paragraph (1) shall be effective until such time as the
Director, in consultation with the Secretary of the Senate and
the Clerk of the House of Representatives, determines that the
Office of Lobbying Registration and Public Disclosure is able
to provide computer telecommunication or other transmittal of
registrations and reports as required under section 7(b)(11).
(3) Implementation.--The Director, the Secretary of the
Senate, and the Clerk of the House of Representatives shall
take such actions as necessary to ensure that the Office of
Lobbying Registration and Public Disclosure is able to provide
computer telecommunication or other transmittal of
registrations and reports as required under section 7(b)(11) on
the effective date of this Act, or as soon thereafter as
reasonably practicable.
Attest:
Clerk.
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