[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5617 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5617
To amend the Lobbying Disclosure Act of 1995 to require the disclosure
of political intelligence activities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 13, 2008
Mr. Baird (for himself and Ms. Slaughter) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Lobbying Disclosure Act of 1995 to require the disclosure
of political intelligence activities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Political Intelligence Disclosure
Act''.
SEC. 2. DISCLOSURE OF POLITICAL INTELLIGENCE ACTIVITIES UNDER LOBBYING
DISCLOSURE ACT.
(a) Definitions.--Section 3 of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602) is amended--
(1) in paragraph (2)--
(A) by inserting after ``lobbying activities'' each
place that term appears the following: ``or political
intelligence activities''; and
(B) by inserting after ``lobbyists'' the following:
``or political intelligence consultants''; and
(2) by adding at the end the following new paragraphs:
``(17) Political intelligence activities.--The term
`political intelligence activities' means political
intelligence 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
political intelligence activities of others.
``(18) Political intelligence contact.--
``(A) Definition.--The term `political intelligence
contact' means any oral or written communication
(including an electronic communication) to or from a
covered executive branch official or a covered
legislative branch official, the information derived
from which is intended for use in analyzing securities
or commodities markets, or in informing investment
decisions, 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; or
``(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).
``(B) Exception.--The term `political intelligence
contact' does not include a communication that is made
by or to a representative of the media if the purpose
of the communication is gathering and disseminating
news and information to the public.
``(19) Political intelligence firm.--The term `political
intelligence firm' means a person or entity that has 1 or more
employees who are political intelligence consultants to a
client other than that person or entity.
``(20) Political intelligence consultant.--The term
`political intelligence consultant' means any individual who is
employed or retained by a client for financial or other
compensation for services that include one or more political
intelligence contacts.''.
(b) Registration Requirement.--Section 4 of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1603) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting after ``whichever is
earlier,'' the following: ``or a political
intelligence consultant first makes a political
intelligence contact,''; and
(ii) by inserting after ``such lobbyist''
each place that term appears the following:
``or consultant'';
(B) in paragraph (2), by inserting after
``lobbyists'' each place that term appears the
following: ``or consultants''; and
(C) in paragraph (3)(A)--
(i) by inserting after ``lobbying
activities'' each place that term appears the
following: ``and political intelligence
activities''; and
(ii) in clause (i), by inserting after
``lobbying firm'' the following: ``or political
intelligence firm'';
(2) in subsection (b)--
(A) in paragraph (3), by inserting after ``lobbying
activities'' each place that term appears the
following: ``or political intelligence activities'';
(B) in paragraph (4)--
(i) in the matter preceding subparagraph
(A), by inserting after ``lobbying activities''
the following: ``or political intelligence
activities''; and
(ii) in subparagraph (C), by inserting
after ``lobbying activity'' the following: ``or
political intelligence activity'';
(C) in paragraph (5), by inserting after ``lobbying
activities'' each place that term appears the
following: ``or political intelligence activities'';
(D) in paragraph (6), by inserting after
``lobbyist'' each place that term appears the
following: ``or political intelligence consultant'';
and
(E) in the matter following paragraph (6), by
inserting ``or political intelligence activities''
after ``such lobbying activities'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting after ``lobbying
contacts'' the following: ``or political intelligence
contacts''; and
(B) in paragraph (2)--
(i) by inserting after ``lobbying contact''
the following: ``or political intelligence
contact''; and
(ii) by inserting after ``lobbying
contacts'' the following: ``and political
intelligence contacts''; and
(4) in subsection (d)(1), by inserting after ``lobbying
activities'' each place that term appears the following: ``or
political intelligence activities''.
(c) Reports by Registered Political Intelligence Consultants.--
Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is
amended--
(1) in subsection (a), by inserting after ``lobbying
activities'' the following: ``and political intelligence
activities'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting after ``lobbying activities''
the following: ``or political intelligence
activities'';
(ii) in subparagraph (A)--
(I) by inserting after ``lobbyist''
the following: ``or political
intelligence consultant''; and
(II) by inserting after ``lobbying
activities'' the following: ``or
political intelligence activities'';
(iii) in subparagraph (B), by inserting
after ``lobbyists'' the following: ``or
political intelligence consultants''; and
(iv) in subparagraph (C), by inserting
after ``lobbyists'' the following: ``or
political intelligence consultants'';
(B) in paragraph (3)--
(i) by inserting after ``lobbying firm''
the following: ``or political intelligence
firm''; and
(ii) by inserting after ``lobbying
activities'' each place that term appears the
following: ``or political intelligence
activities''; and
(C) in paragraph (4), by inserting after ``lobbying
activities'' each place that term appears the
following: ``or political intelligence activities'';
and
(3) in subsection (d)(1), in the matter preceding
subparagraph (A), by inserting ``or a political intelligence
consultant'' after ``a lobbyist''.
(d) Disclosure and Enforcement.--Section 6(a) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1605) is amended--
(1) in paragraph (3)(A), by inserting after ``lobbying
firms'' the following: ``, political intelligence consultants,
political intelligence firms,'';
(2) in paragraph (7), by striking ``or lobbying firm'' and
inserting ``lobbying firm, political intelligence consultant,
or political intelligence firm''; and
(3) in paragraph (8), by striking ``or lobbying firm'' and
inserting ``lobbying firm, political intelligence consultant,
or political intelligence firm''.
(e) Rules of Construction.--Section 8(b) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1607(b)) is amended by striking ``or lobbying
contacts'' and inserting ``lobbying contacts, political intelligence
activities, or political intelligence contacts''.
(f) Identification of Clients and Covered Officials.--Section 14 of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) is amended--
(1) in subsection (a)--
(A) in the heading, by inserting ``or Political
Intelligence'' after ``Lobbying'';
(B) by inserting ``or political intelligence
contact'' after ``lobbying contact'' each place that
term appears; and
(C) in paragraph (2), by inserting ``or political
intelligence activity, as the case may be'' after
``lobbying activity'';
(2) in subsection (b)--
(A) in the heading, by inserting ``or Political
Intelligence'' after ``Lobbying'';
(B) by inserting ``or political intelligence
contact'' after ``lobbying contact'' each place that
term appears; and
(C) in paragraph (2), by inserting ``or political
intelligence activity, as the case may be'' after
``lobbying activity''; and
(3) in subsection (c), by inserting ``or political
intelligence contact'' after ``lobbying contact''.
(g) Annual Audits and Reports by Comptroller General.--Section 26
of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1614) is amended--
(1) in subsection (a), by inserting ``political
intelligence firms, political intelligence consultants,'' after
``lobbying firms'';
(2) in subsection (b)(1)(A), by inserting ``political
intelligence firms, political intelligence consultants,'' after
``lobbying firms''; and
(3) in subsection (c), by inserting ``or political
intelligence consultant'' after ``a lobbyist''.
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