[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2738 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 2738
To amend the Lobbying Disclosure Act of 1995 to require the disclosure
of political intelligence activities, to amend title 18, United States
Code, to provide for restrictions on former officers, employees, and
elected officials of the executive and legislative branches regarding
political intelligence contacts, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 17, 2016
Mr. Grassley introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend the Lobbying Disclosure Act of 1995 to require the disclosure
of political intelligence activities, to amend title 18, United States
Code, to provide for restrictions on former officers, employees, and
elected officials of the executive and legislative branches regarding
political intelligence contacts, and for other purposes.
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 Transparency
Act of 2016''.
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'';
(2) in paragraph (10), by inserting ``combined political
intelligence activities and'' after ``whose''; and
(3) 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 such
contacts and efforts 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 for use in analyzing the markets for
securities, commodities for future delivery, swaps, or
security-based swaps, and which 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;
``(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); or
``(iv) the nomination or confirmation of a
person for a position subject to confirmation
by the Senate.
``(B) Exception.--The term `political intelligence
contact' does not include a communication that is--
``(i) made by a representative of a media
organization (as such term is defined in this
subsection) if the purpose of the communication
is gathering and disseminating news and
information to the public;
``(ii) made in a speech, article,
publication or other material that is
distributed and made available to the public,
or through radio, television, cable television,
or other medium of mass communication;
``(iii) 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.);
``(iv) a request for a meeting, a request
for the status of an action, or any other
similar administrative request, if the request
does not include an attempt to influence a
covered executive branch official or a covered
legislative branch official;
``(v) made in the course of participation
in an advisory committee subject to the Federal
Advisory Committee Act;
``(vi) 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;
``(vii) information provided in writing in
response to an oral or written request by a
covered executive branch official or a covered
legislative branch official for specific
information;
``(viii) required by subpoena, civil
investigative demand, or otherwise compelled by
statute, regulation, or other action of the
Congress or an agency, including any
communication compelled by a Federal contract,
grant, loan, permit, or license;
``(ix) 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;
``(x) not possible to report without
disclosing information, the unauthorized
disclosure of which is prohibited by law;
``(xi) made to an official 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;
``(xii) 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;
``(xiii) a written comment filed in the
course of a public proceeding or any other
communication that is made on the record in a
public proceeding;
``(xiv) a petition for agency action made
in writing and required to be a matter of
public record pursuant to established agency
procedures;
``(xv) 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 clause
does not apply to any communication with--
``(I) a covered executive branch
official; or
``(II) a covered legislative branch
official (other than the individual's
elected Members of Congress or
employees who work under such Members'
direct supervision), with respect to
the formulation, modification, or
adoption of private legislation for the
relief of that individual;
``(xvi) a disclosure by an individual that
is protected under the amendments made by the
Whistleblower Protection Act of 1989, under the
Inspector General Act of 1978, or under another
provision of law;
``(xvii) made by--
``(I) a church, its integrated
auxiliary, or a convention or
association of churches that is exempt
from filing a Federal income tax return
under paragraph 2(A)(i) of section
6033(a) of the Internal Revenue Code of
1986; or
``(II) a religious order that is
exempt from filing a Federal income tax
return under paragraph (2)(A)(iii) of
such section 6033(a); and
``(xviii) between--
``(I) officials of a self-
regulatory organization (as defined in
section 3(a)(26) of the Securities
Exchange Act) that is registered with
or established by the Securities and
Exchange Commission as required by that
Act or a similar organization that is
designated by or registered with the
Commodities Future Trading Commission
as provided under the Commodity
Exchange Act; and
``(II) the Securities and Exchange
Commission or the Commodities Future
Trading Commission, respectively;
relating to the regulatory responsibilities of
such organization under that Act.
``(19) Political intelligence firm.--The term `political
intelligence firm' means a person or entity that has one 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, including an individual who provides
brokerage and research services under section 28(e) of the
Securities Exchange Act of 1934 (15 U.S.C. 78bb(e)), other than
an individual whose combined political intelligence activities
and lobbying activities constitute less than 20 percent of the
time engaged in the services provided by such individual to
that client over a 3-month period.
``(21) Security.--The term `security' has the meaning given
such term in section 3(a)(10) of the Securities Exchange Act of
1934 (15 U.S.C. 78c(a)(10)).
``(22) Security-based swap.--The term `security-based swap'
has the meaning given such term in section 3(a)(68) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(68)).
``(23) Commodity.--The term `commodity' has the meaning
given such term in section 1a(9) of the Commodity Exchange Act
(7 U.S.C. 1a(9)).
``(24) Swap.--The term `swap' has the meaning given such
term in section 1a(47) of the Commodity Exchange Act (7 U.S.C.
1a(47)).''.
(b) Registration Requirement.--Section 4 of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1603) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) General rule.--A lobbyist or a political intelligence
consultant (or, as provided under paragraph (2), the
organization employing such lobbyist or consultant), shall
register with the Secretary of the Senate and the Clerk of the
House of Representatives--
``(A) no later than 45 days after--
``(i) the lobbyist first makes a lobbying
contact or is employed or retained to make a
lobbying contact, whichever is earlier; or
``(ii) the political intelligence
consultant first makes a political intelligence
contact or is employed or retained to make a
political intelligence contact, whichever is
earlier; or
``(B) on the first business day after such 45th day
if the 45th day is not a business day.'';
(B) in paragraph (2), by inserting after
``lobbyists'' each place that term appears the
following: ``or political intelligence consultants'';
and
(C) in paragraph (3)(A)--
(i) in clause (i)--
(I) by inserting after ``lobbying
activities'' the following: ``and
political intelligence activities'';
and
(II) by inserting after ``lobbying
firm'' the following: ``or political
intelligence firm'';
(ii) in clause (ii)--
(I) by inserting after ``lobbying
activities'' the following: ``and
political intelligence activities'';
and
(II) by inserting after ``lobbying
activities'' the following: ``or
political intelligence activities'';
(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'';
and
(D) 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
(C) by inserting after paragraph (2), the following
new paragraph:
``(3) Rule of construction.--Any threshold dollar amount or
percentage described in subsection (b) relates to the sum of
the income, contributions, or percent equitable ownership
related to lobbying activities plus the income, contributions,
or percent equitable ownership related to political
intelligence activities.''; and
(4) in subsection (d), 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: ``and
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)--
(A) by inserting ``political intelligence firms,
political intelligence consultants,'' after ``lobbying
firms''; and
(B) by striking ``lobbying registrations'' and
inserting ``registrations'';
(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''.
SEC. 3. RESTRICTIONS ON FORMER OFFICERS, EMPLOYEES, AND ELECTED
OFFICIALS OF THE EXECUTIVE AND LEGISLATIVE BRANCHES
REGARDING POLITICAL INTELLIGENCE CONTACTS.
Section 207 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting after ``with the
intent to influence,'' the following: ``or with the
intent to gain information for use in analyzing
securities or commodities markets, or in informing
investment decisions in securities or commodities
markets,'';
(B) in paragraph (2), by inserting after ``with the
intent to influence,'' the following: ``or with the
intent to gain information for use in analyzing
securities or commodities markets, or in informing
investment decisions in securities or commodities
markets,'';
(2) in subsection (c)(1), by inserting after ``with the
intent to influence,'' the following: ``or with the intent to
gain information for use in analyzing securities or commodities
markets, or in informing investment decisions in securities or
commodities markets,'';
(3) in subsection (d)(1), by inserting after ``with the
intent to influence,'' the following: ``or with the intent to
gain information for use in analyzing securities or commodities
markets, or in informing investment decisions in securities or
commodities markets,'';
(4) in subsection (e), by inserting after ``with the intent
to influence,'' each place it appears the following: ``or with
the intent to gain information for use in analyzing securities
or commodities markets, or in informing investment decisions in
securities or commodities markets,'';
(5) in subsection (i)(1), by inserting after ``with the
intent to influence,'' each place it appears the following:
``or with the intent to gain information for use in analyzing
securities or commodities markets, or in informing investment
decisions in securities or commodities markets,''; and
(6) in subsection (j), by adding at the end the following:
``(8) Representative of a media organization.--The
restrictions contained in this section relating to a
communication made with the intent to gain information for use
in analyzing securities or commodities markets, or in informing
investment decisions in securities or commodities markets shall
not apply to a communication made by a representative of a
media organization (as such term is defined in section 3 of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1602)), if the
purpose of the communication is gathering and disseminating
news and information to the public.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to any
political intelligence contact (as defined in section 3 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602), as added by section 2 of this
Act) that is made on or after the 90th day after the date of the
enactment of this Act.
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