IV

104TH CONGRESS

1ST SESSION H. CON. RES. 99

Providing for corrections in the enrollment of the bill (H.R. 1854) making

appropriations for the Legislative Branch for the fiscal year ending

September 30, 1996, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 6, 1995

Mr. BRYANT of Texas (for himself and Mr. OBEY) submitted the following

concurrent resolution; which was referred to the Committee on the Judiciary, and in addition to the Committees on House Oversight and Standards of Official Conduct, for a period to be subsequently determined by

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

CONCURRENT RESOLUTION

Providing for corrections in the enrollment of the bill (H.R.

1854) making appropriations for the Legislative Branch

for the fiscal year ending September 30, 1996, and for

other purposes.

1 Resolved by the House of Representatives (the Senate

2 concurring), That in the enrollment of the bill (H.R. 1854)

3 entitled, ‘‘An Act making appropriations for the Legisla4 tive Branch for the fiscal year ending September 30, 1996,

5 and for other purposes’’, the Clerk of the House shall
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1 make the following correction: At the end of title III add

2 the following:

3 ‘‘TITLE IV—LOBBYING

4 DISCLOSURE

5 ‘‘SEC. 401. SHORT TITLE.

6 ‘‘This title may be cited as the ‘Lobbying Disclosure

7 Act of 1995’.

8 ‘‘SEC. 402. FINDINGS.

9 ‘‘The Congress finds that—

10 ‘‘(1) responsible representative Government re11 quires public awareness of the efforts of paid lobby12 ists to influence the public decisionmaking process in

13 both the legislative and executive branches of the

14 Federal Government;

15 ‘‘(2) existing lobbying disclosure statutes have

16 been ineffective because of unclear statutory lan17 guage, weak administrative and enforcement provi18 sions, and an absence of clear guidance as to who

19 is required to register and what they are required to

20 disclose; and

21 ‘‘(3) the effective public disclosure of the iden22 tity and extent of the efforts of paid lobbyists to in23 fluence Federal officials in the conduct of Govern24 ment actions will increase public confidence in the

25 integrity of Government.
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1 ‘‘SEC. 403. DEFINITIONS.

2 ‘‘As used in this title:

3 ‘‘(1) AGENCY.—The term ‘agency’ has the

4 meaning given that term in section 551(1) of title 5,

5 United States Code.

6 ‘‘(2) CLIENT.—The term ‘client’ means any

7 person or entity that employs or retains another per8 son for financial or other compensation to conduct

9 lobbying activities on behalf of that person or entity.

10 A person or entity whose employees act as lobbyists

11 on its own behalf is both a client and an employer

12 of such employees. In the case of a coalition or asso13 ciation that employs or retains other persons to con14 duct lobbying activities, the client is the coalition or

15 association and not its individual members.

16 ‘‘(3) COVERED EXECUTIVE BRANCH OFFI17 CIAL.—The term ‘covered executive branch official’

18 means—

19 ‘‘(A) the President;

20 ‘‘(B) the Vice President;

21 ‘‘(C) any officer or employee, or any other

22 individual functioning in the capacity of such

23 an officer or employee, in the Executive Office

24 of the President;

25 ‘‘(D) any officer or employee serving in a

26 position in level I, II, III, IV, or V of the Exec-
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1 utive Schedule, as designated by statute or Ex2 ecutive order;

3 ‘‘(E) any member of the uniformed serv4 ices whose pay grade is at or above O–7 under

5 section 201 of title 37, United States Code; and

6 ‘‘(F) any officer or employee serving in a

7 position of a confidential, policy-determining,

8 policy-making, or policy-advocating character

9 described in section 7511(b)(2) of title 5,

10 United States Code.

11 ‘‘(4) COVERED LEGISLATIVE BRANCH OFFI12 CIAL.—The term ‘covered legislative branch official’

13 means—

14 ‘‘(A) a Member of Congress;

15 ‘‘(B) an elected officer of either House of

16 Congress;

17 ‘‘(C) any employee of, or any other individ18 ual functioning in the capacity of an employee

19 of—

20 ‘‘(i) a Member of Congress;

21 ‘‘(ii) a committee of either House of

22 Congress;

23 ‘‘(iii) the leadership staff of the House

24 of Representatives or the leadership staff

25 of the Senate;
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1 ‘‘(iv) a joint committee of Congress;

2 and

3 ‘‘(v) a working group or caucus orga4 nized to provide legislative services or

5 other assistance to Members of Congress;

6 and

7 ‘‘(D) any other legislative branch employee

8 serving in a position described under section

9 109(13) of the Ethics in Government Act of

10 1978 (5 U.S.C. App.).

11 ‘‘(5) EMPLOYEE.—The term ‘employee’ means

12 any individual who is an officer, employee, partner,

13 director, or proprietor of a person or entity, but does

14 not include—

15 ‘‘(A) independent contractors; or

16 ‘‘(B) volunteers who receive no financial or

17 other compensation from the person or entity

18 for their services.

19 ‘‘(6) FOREIGN ENTITY.—The term ‘foreign en20 tity’ means a foreign principal (as defined in section

21 1(b) of the Foreign Agents Registration Act of 1938

22 (22 U.S.C. 611(b)).

23 ‘‘(7) LOBBYING ACTIVITIES.—The term ‘lobby24 ing activities’ means lobbying contacts and efforts in

25 support of such contacts, including preparation and
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1 planning activities, research and other background

2 work that is intended, at the time it is performed,

3 for use in contacts, and coordination with the lobby4 ing activities of others.

5 ‘‘(8) LOBBYING CONTACT.—

6 ‘‘(A) DEFINITION.—The term ‘lobbying

7 contact’ means any oral or written communica8 tion (including an electronic communication) to

9 a covered executive branch official or a covered

10 legislative branch official that is made on behalf

11 of a client with regard to—

12 ‘‘(i) the formulation, modification, or

13 adoption of Federal legislation (including

14 legislative proposals);

15 ‘‘(ii) the formulation, modification, or

16 adoption of a Federal rule, regulation, Ex17 ecutive order, or any other program, policy,

18 or position of the United States Govern19 ment;

20 ‘‘(iii) the administration or execution

21 of a Federal program or policy (including

22 the negotiation, award, or administration

23 of a Federal contract, grant, loan, permit,

24 or license); or
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1 ‘‘(iv) the nomination or confirmation

2 of a person for a position subject to con3 firmation by the Senate.

4 ‘‘(B) EXCEPTIONS.—The term ‘lobbying

5 contact’ does not include a communication that

6 is—

7 ‘‘(i) made by a public official acting in

8 the public official’s official capacity;

9 ‘‘(ii) made by a representative of a

10 media organization if the purpose of the

11 communication is gathering and dissemi12 nating news and information to the public;

13 ‘‘(iii) made in a speech, article, publi14 cation or other material that is distributed

15 and made available to the public, or

16 through radio, television, cable television,

17 or other medium of mass communication;

18 ‘‘(iv) made on behalf of a government

19 of a foreign country or a foreign political

20 party and disclosed under the Foreign

21 Agents Registration Act of 1938 (22

22 U.S.C. 611 et seq.);

23 ‘‘(v) a request for a meeting, a re24 quest for the status of an action, or any

25 other similar administrative request, if the
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1 request does not include an attempt to in2 fluence a covered executive branch official

3 or a covered legislative branch official;

4 ‘‘(vi) made in the course of participa5 tion in an advisory committee subject to

6 the Federal Advisory Committee Act;

7 ‘‘(vii) testimony given before a com8 mittee, subcommittee, or task force of the

9 Congress, or submitted for inclusion in the

10 public record of a hearing conducted by

11 such committee, subcommittee, or task

12 force;

13 ‘‘(viii) information provided in writing

14 in response to an oral or written request

15 by a covered executive branch official or a

16 covered legislative branch official for spe17 cific information;

18 ‘‘(ix) required by subpoena, civil inves19 tigative demand, or otherwise compelled by

20 statute, regulation, or other action of the

21 Congress or an agency;

22 ‘‘(x) made in response to a notice in

23 the Federal Register, Commerce Business

24 Daily, or other similar publication solicit25 ing communications from the public and
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1 directed to the agency official specifically

2 designated in the notice to receive such

3 communications;

4 ‘‘(xi) not possible to report without

5 disclosing information, the unauthorized

6 disclosure of which is prohibited by law;

7 ‘‘(xii) made to an official in an agency

8 with regard to—

9 ‘‘(I) a judicial proceeding or a

10 criminal or civil law enforcement in11 quiry, investigation, or proceeding; or

12 ‘‘(II) a filing or proceeding that

13 the Government is specifically re14 quired by statute or regulation to

15 maintain or conduct on a confidential

16 basis,

17 if that agency is charged with responsibil18 ity for such proceeding, inquiry, investiga19 tion, or filing;

20 ‘‘(xiii) made in compliance with writ21 ten agency procedures regarding an adju22 dication conducted by the agency under

23 section 554 of title 5, United States Code,

24 or substantially similar provisions;
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1 ‘‘(xiv) a written comment filed in the

2 course of a public proceeding or any other

3 communication that is made on the record

4 in a public proceeding;

5 ‘‘(xv) a petition for agency action

6 made in writing and required to be a mat7 ter of public record pursuant to established

8 agency procedures;

9 ‘‘(xvi) made on behalf of an individual

10 with regard to that individual’s benefits,

11 employment, or other personal matters in12 volving only that individual, except that

13 this clause does not apply to any commu14 nication with—

15 ‘‘(I) a covered executive branch

16 official, or

17 ‘‘(II) a covered legislative branch

18 official (other than the individual’s

19 elected Members of Congress or em20 ployees who work under such Mem21 bers’ direct supervision),

22 with respect to the formulation, modifica23 tion, or adoption of private legislation for

24 the relief of that individual;
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1 ‘‘(xvii) a disclosure by an individual

2 that is protected under the amendments

3 made by the Whistleblower Protection Act

4 of 1989, under the Inspector General Act

5 of 1978, or under another provision of law;

6 ‘‘(xviii) made by—

7 ‘‘(I) a church, its integrated aux8 iliary, or a convention or association

9 of churches that is exempt from filing

10 a Federal income tax return under

11 paragraph 2(A)(i) of section 6033(a)

12 of the Internal Revenue Code of 1986,

13 or

14 ‘‘(II) a religious order that is ex15 empt from filing a Federal income tax

16 return under paragraph (2)(A)(iii) of

17 such section 6033(a); and

18 ‘‘(xix) between—

19 ‘‘(I) officials of a self-regulatory

20 organization (as defined in section

21 3(a)(26) of the Securities Exchange

22 Act) that is registered with or estab23 lished by the Securities and Exchange

24 Commission as required by that Act

25 or a similar organization that is des-
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1 ignated by or registered with the

2 Commodities Future Trading Com3 mission as provided under the Com4 modity Exchange Act; and

5 ‘‘(II) the Securities and Ex6 change Commission or the Commod7 ities Future Trading Commission, re8 spectively;

9 relating to the regulatory responsibilities of

10 such organization under that Act.

11 ‘‘(9) LOBBYING FIRM.—The term ‘lobbying

12 firm’ means a person or entity that has 1 or more

13 employees who are lobbyists on behalf of a client

14 other than that person or entity. The term also in15 cludes a self-employed individual who is a lobbyist.

16 ‘‘(10) LOBBYIST.—The term ‘lobbyist’ means

17 any individual who is employed or retained by a cli18 ent for financial or other compensation for services

19 that include more than one lobbying contact, other

20 than an individual whose lobbying activities con21 stitute less than 20 percent of the time engaged in

22 the services provided by such individual to that cli23 ent over a six month period.

24 ‘‘(11) MEDIA ORGANIZATION.—The term ‘media

25 organization’ means a person or entity engaged in
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1 disseminating information to the general public

2 through a newspaper, magazine, other publication,

3 radio, television, cable television, or other medium of

4 mass communication.

5 ‘‘(12) MEMBER OF CONGRESS.—The term

6 ‘Member of Congress’ means a Senator or a Rep7 resentative in, or Delegate or Resident Commis8 sioner to, the Congress.

9 ‘‘(13) ORGANIZATION.—The term ‘organization’

10 means a person or entity other than an individual.

11 ‘‘(14) PERSON OR ENTITY.—The term ‘person

12 or entity’ means any individual, corporation, com13 pany, foundation, association, labor organization,

14 firm, partnership, society, joint stock company,

15 group of organizations, or State or local government.

16 ‘‘(15) PUBLIC OFFICIAL.—The term ‘public of17 ficial’ means any elected official, appointed official,

18 or employee of—

19 ‘‘(A) a Federal, State, or local unit of gov20 ernment in the United States other than—

21 ‘‘(i) a college or university;

22 ‘‘(ii) a government-sponsored enter23 prise (as defined in section 3(8) of the

24 Congressional Budget and Impoundment

25 Control Act of 1974);
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1 ‘‘(iii) a public utility that provides

2 gas, electricity, water, or communications;

3 ‘‘(iv) a guaranty agency (as defined in

4 section 435(j) of the Higher Education Act

5 of 1965 (20 U.S.C. 1085(j))), including

6 any affiliate of such an agency; or

7 ‘‘(v) an agency of any State function8 ing as a student loan secondary market

9 pursuant to section 435(d)(1)(F) of the

10 Higher Education Act of 1965 (20 U.S.C.

11 1085(d)(1)(F));

12 ‘‘(B) a Government corporation (as defined

13 in section 9101 of title 31, United States

14 Code);

15 ‘‘(C) an organization of State or local

16 elected or appointed officials other than officials

17 of an entity described in clause (i), (ii), (iii),

18 (iv), or (v) of subparagraph (A);

19 ‘‘(D) an Indian tribe (as defined in section

20 4(e) of the Indian Self-Determination and Edu21 cation Assistance Act (25 U.S.C. 450b(e));

22 ‘‘(E) a national or State political party or

23 any organizational unit thereof; or

24 ‘‘(F) a national, regional, or local unit of

25 any foreign government.
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1 ‘‘(16) STATE.—The term ‘State’ means each of

2 the several States, the District of Columbia, and any

3 commonwealth, territory, or possession of the United

4 States.

5 ‘‘SEC. 404. REGISTRATION OF LOBBYISTS.

6 ‘‘(a) REGISTRATION.—

7 ‘‘(1) GENERAL RULE.—No later than 45 days

8 after a lobbyist first makes a lobbying contact or is

9 employed or retained to make a lobbying contact,

10 whichever is earlier, such lobbyist (or, as provided

11 under paragraph (2), the organization employing

12 such lobbyist), shall register with the Secretary of

13 the Senate and the Clerk of the House of Represent14 atives.

15 ‘‘(2) EMPLOYER FILING.—Any organization

16 that has 1 or more employees who are lobbyists shall

17 file a single registration under this section on behalf

18 of such employees for each client on whose behalf

19 the employees act as lobbyists.

20 ‘‘(3) EXEMPTION.—

21 ‘‘(A) GENERAL RULE.—Notwithstanding

22 paragraphs (1) and (2), a person or entity

23 whose—

24 ‘‘(i) total income for matters related

25 to lobbying activities on behalf of a par-
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1 ticular client (in the case of a lobbying

2 firm) does not exceed and is not expected

3 to exceed $5,000; or

4 ‘‘(ii) total expenses in connection with

5 lobbying activities (in the case of an orga6 nization whose employees engage in lobby7 ing activities on its own behalf) do not ex8 ceed or are not expected to exceed

9 $20,000,

10 (as estimated under section 405) in the semi11 annual period described in section 405(a) dur12 ing which the registration would be made is not

13 required to register under subsection (a) with

14 respect to such client.

15 ‘‘(B) ADJUSTMENT.—The dollar amounts

16 in subparagraph (A) shall be adjusted—

17 ‘‘(i) on January 1, 1997, to reflect

18 changes in the Consumer Price Index (as

19 determined by the Secretary of Labor)

20 since the date of enactment of this Act;

21 and

22 ‘‘(ii) on January 1 of each fourth year

23 occurring after January 1, 1997, to reflect

24 changes in the Consumer Price Index (as
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1 determined by the Secretary of Labor)

2 during the preceding 4-year period,

3 rounded to the nearest $500.

4 ‘‘(b) CONTENTS OF REGISTRATION.—Each registra5 tion under this section shall contain—

6 ‘‘(1) the name, address, business telephone

7 number, and principal place of business of the reg8 istrant, and a general description of its business or

9 activities;

10 ‘‘(2) the name, address, and principal place of

11 business of the registrant’s client, and a general de12 scription of its business or activities (if different

13 from paragraph (1));

14 ‘‘(3) the name, address, and principal place of

15 business of any organization, other than the client,

16 that—

17 ‘‘(A) contributes more than $10,000 to18 ward the lobbying activities of the registrant in

19 a semiannual period described in section

20 405(a); and

21 ‘‘(B) in whole or in major part plans, su22 pervises, or controls such lobbying activities.

23 ‘‘(4) the name, address, principal place of busi24 ness, amount of any contribution of more than

25 $10,000 to the lobbying activities of the registrant,
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1 and approximate percentage of equitable ownership

2 in the client (if any) of any foreign entity that—

3 ‘‘(A) holds at least 20 percent equitable

4 ownership in the client or any organization

5 identified under paragraph (3);

6 ‘‘(B) directly or indirectly, in whole or in

7 major part, plans, supervises, controls, directs,

8 finances, or subsidizes the activities of the cli9 ent or any organization identified under para10 graph (3); or

11 ‘‘(C) is an affiliate of the client or any or12 ganization identified under paragraph (3) and

13 has a direct interest in the outcome of the lob14 bying activity;

15 ‘‘(5) a statement of—

16 ‘‘(A) the general issue areas in which the

17 registrant expects to engage in lobbying activi18 ties on behalf of the client; and

19 ‘‘(B) to the extent practicable, specific is20 sues that have (as of the date of the registra21 tion) already been addressed or are likely to be

22 addressed in lobbying activities; and

23 ‘‘(6) the name of each employee of the reg24 istrant who has acted or whom the registrant ex25 pects to act as a lobbyist on behalf of the client and,
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1 if any such employee has served as a covered execu2 tive branch official or a covered legislative branch of3 ficial in the 2 years before the date on which such

4 employee first acted (after the date of enactment of

5 this Act) as a lobbyist on behalf of the client, the

6 position in which such employee served.

7 ‘‘(c) GUIDELINES FOR REGISTRATION.—

8 ‘‘(1) MULTIPLE CLIENTS.—In the case of a reg9 istrant making lobbying contacts on behalf of more

10 than 1 client, a separate registration under this sec11 tion shall be filed for each such client.

12 ‘‘(2) MULTIPLE CONTACTS.—A registrant who

13 makes more than 1 lobbying contact for the same

14 client shall file a single registration covering all such

15 lobbying contacts.

16 ‘‘(d) TERMINATION OF REGISTRATION.—A registrant

17 who after registration—

18 ‘‘(1) is no longer employed or retained by a cli19 ent to conduct lobbying activities, and

20 ‘‘(2) does not anticipate any additional lobbying

21 activities for such client,

22 may so notify the Secretary of the Senate and the Clerk

23 of the House of Representatives and terminate its reg24 istration.
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1 ‘‘SEC. 405. REPORTS BY REGISTERED LOBBYISTS.

2 ‘‘(a) SEMIANNUAL REPORT.—No later than 45 days

3 after the end of the semiannual period beginning on the

4 first day of each January and the first day of July of each

5 year in which a registrant is registered under section 404,

6 each registrant shall file a report with the Secretary of

7 the Senate and the Clerk of the House of Representatives

8 on its lobbying activities during such semiannual period.

9 A separate report shall be filed for each client of the reg10 istrant.

11 ‘‘(b) CONTENTS OF REPORT.—Each semiannual re12 port filed under subsection (a) shall contain—

13 ‘‘(1) the name of the registrant, the name of

14 the client, and any changes or updates to the infor15 mation provided in the initial registration;

16 ‘‘(2) for each general issue area in which the

17 registrant engaged in lobbying activities on behalf of

18 the client during the semiannual filing period—

19 ‘‘(A) a list of the specific issues upon

20 which a lobbyist employed by the registrant en21 gaged in lobbying activities, including, to the

22 maximum extent practicable, a list of bill num23 bers and references to specific executive branch

24 actions;

25 ‘‘(B) a statement of the Houses of Con26 gress and the Federal agencies contacted by
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1 lobbyists employed by the registrant on behalf

2 of the client;

3 ‘‘(C) a list of the employees of the reg4 istrant who acted as lobbyists on behalf of the

5 client; and

6 ‘‘(D) a description of the interest, if any,

7 of any foreign entity identified under section

8 404(b)(4) in the specific issues listed under

9 subparagraph (A).

10 ‘‘(3) in the case of a lobbying firm, a good faith

11 estimate of the total amount of all income from the

12 client (including any payments to the registrant by

13 any other person for lobbying activities on behalf of

14 the client) during the semiannual period, other than

15 income for matters that are unrelated to lobbying

16 activities; and

17 ‘‘(4) in the case of a registrant engaged in lob18 bying activities on its own behalf, a good faith esti19 mate of the total expenses that the registrant and its

20 employees incurred in connection with lobbying ac21 tivities during the semiannual filing period.

22 ‘‘(c) ESTIMATES OF INCOME OR EXPENSES.—For

23 purposes of this section, estimates of income or expenses

24 shall be made as follows:
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1 ‘‘(1) Estimates of amounts in excess of $10,000

2 shall be rounded to the nearest $20,000.

3 ‘‘(2) In the event income or expenses do not ex4 ceed $10,000, the registrant shall include a state5 ment that income or expenses totaled less than

6 $10,000 for the reporting period.

7 ‘‘(3) A registrant that reports lobbying expendi8 tures pursuant to section 6033(b)(8) of the Internal

9 Revenue Code of 1986 may satisfy the requirement

10 to report income or expenses by filing with the Sec11 retary of the Senate and the Clerk of the House of

12 Representatives a copy of the form filed in accord13 ance with section 6033(b)(8).

14 ‘‘SEC. 406. DISCLOSURE AND ENFORCEMENT.

15 ‘‘The Secretary of the Senate and the Clerk of the

16 House of Representatives shall—

17 ‘‘(1) provide guidance and assistance on the

18 registration and reporting requirements of this title

19 and develop common standards, rules, and proce20 dures for compliance with this title;

21 ‘‘(2) review, and, where necessary, verify and

22 inquire to ensure the accuracy, completeness, and

23 timeliness of registration and reports;
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1 ‘‘(3) develop filing, coding, and cross-indexing

2 systems to carry out the purpose of this title, includ3 ing—

4 ‘‘(A) a publicly available list of all reg5 istered lobbyists, lobbying firms, and their cli6 ents; and

7 ‘‘(B) computerized systems designed to

8 minimize the burden of filing and maximize

9 public access to materials filed under this title;

10 ‘‘(4) make available for public inspection and

11 copying at reasonable times the registrations and re12 ports filed under this title;

13 ‘‘(5) retain registrations for a period of at least

14 6 years after they are terminated and reports for a

15 period of at least 6 years after they are filed;

16 ‘‘(6) compile and summarize, with respect to

17 each semiannual period, the information contained

18 in registrations and reports filed with respect to

19 such period in a clear and complete manner;

20 ‘‘(7) notify any lobbyist or lobbying firm in

21 writing that may be in noncompliance with this title;

22 and

23 ‘‘(8) notify the United States Attorney for the

24 District of Columbia that a lobbyist or lobbying firm

25 may be in noncompliance with this title, if the reg-
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1 istrant has been notified in writing and has failed to

2 provide an appropriate response within 60 days after

3 notice was given under paragraph (6).

4 ‘‘SEC. 407. PENALTIES.

5 ‘‘Whoever knowingly fails to—

6 ‘‘(1) remedy a defective filing within 60 days

7 after notice of such a defect by the Secretary of the

8 Senate or the Clerk of the House of Representatives;

9 or

10 ‘‘(2) comply with any other provision of this

11 title;

12 shall, upon proof of such knowing violation by a prepon13 derance of the evidence, be subject to a civil fine of not

14 more than $50,000, depending on the extent and gravity

15 of the violation.

16 ‘‘SEC. 408. RULES OF CONSTRUCTION.

17 ‘‘(a) CONSTITUTIONAL RIGHTS.—Nothing in this

18 title shall be construed to prohibit or interfere with—

19 ‘‘(1) the right to petition the government for

20 the redress of grievances;

21 ‘‘(2) the right to express a personal opinion; or

22 ‘‘(3) the right of association,

23 protected by the first amendment to the Constitution.

24 ‘‘(b) PROHIBITION OF ACTIVITIES.—Nothing in this

25 title shall be construed to prohibit, or to authorize any
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1 court to prohibit, lobbying activities or lobbying contacts

2 by any person or entity, regardless of whether such person

3 or entity is in compliance with the requirements of this

4 title.

5 ‘‘(c) AUDIT AND INVESTIGATIONS.—Nothing in this

6 title shall be construed to grant general audit or investiga7 tive authority to the Secretary of the Senate or the Clerk

8 of the House of Representatives.

9 ‘‘SEC. 409. AMENDMENTS TO THE FOREIGN AGENTS REG10 ISTRATION ACT.

11 ‘‘The Foreign Agents Registration Act of 1938 (22

12 U.S.C. 611 et seq.) is amended—

13 ‘‘(1) in section 1—

14 ‘‘(A) by striking subsection (j);

15 ‘‘(B) in subsection (o) by striking ‘the dis16 semination of political propaganda and any

17 other activity which the person engaging therein

18 believes will, or which he intends to, prevail

19 upon, indoctrinate, convert, induce, persuade,

20 or in any other way influence’ and inserting

21 ‘any activity that the person engaging in be22 lieves will, or that the person intends to, in any

23 way influence’;

24 ‘‘(C) in subsection (p) by striking the semi25 colon and inserting a period; and
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1 ‘‘(D) by striking subsection (q);

2 ‘‘(2) in section 3(g) (22 U.S.C. 613(g)), by

3 striking ‘established agency proceedings, whether

4 formal or informal.’ and inserting ‘judicial proceed5 ings, criminal or civil law enforcement inquiries, in6 vestigations, or proceedings, or agency proceedings

7 required by statute or regulation to be conducted on

8 the record.’;

9 ‘‘(3) in section 3 (22 U.S.C. 613) by adding at

10 the end the following:

11 ‘‘ ‘(h) Any agent of a person described in section

12 1(b)(2) or an entity described in section 1(b)(3) if the

13 agent is required to register and does register under the

14 Lobbying Disclosure Act of 1995 in connection with the

15 agent’s representation of such person or entity.’;

16 ‘‘(4) in section 4(a) (22 U.S.C. 614(a))—

17 ‘‘(A) by striking ‘political propaganda’ and

18 inserting ‘informational materials’; and

19 ‘‘(B) by striking ‘and a statement, duly

20 signed by or on behalf of such an agent, setting

21 forth full information as to the places, times,

22 and extent of such transmittal’;

23 ‘‘(5) in section 4(b) (22 U.S.C. 614(b))—
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1 ‘‘(A) in the matter preceding clause (i), by

2 striking ‘political propaganda’ and inserting ‘in3 formational materials’; and

4 ‘‘(B) by striking ‘(i) in the form of prints,

5 or’ and all that follows through the end of the

6 subsection and inserting ‘without placing in

7 such informational materials a conspicuous

8 statement that the materials are distributed by

9 the agent on behalf of the foreign principal, and

10 that additional information is on file with the

11 Department of Justice, Washington, District of

12 Columbia. The Attorney General may by rule

13 define what constitutes a conspicuous statement

14 for the purposes of this subsection.’;

15 ‘‘(6) in section 4(c) (22 U.S.C. 614(c)), by

16 striking ‘political propaganda’ and inserting ‘infor17 mational materials’;

18 ‘‘(7) in section 6 (22 U.S.C. 616)—

19 ‘‘(A) in subsection (a) by striking ‘and all

20 statements concerning the distribution of politi21 cal propaganda’;

22 ‘‘(B) in subsection (b) by striking ‘, and

23 one copy of every item of political propaganda’;

24 and
28

•HCON 99 IH

1 ‘‘(C) in subsection (c) by striking ‘copies of

2 political propaganda,’;

3 ‘‘(8) in section 8 (22 U.S.C. 618)—

4 ‘‘(A) in subsection (a)(2) by striking ‘or in

5 any statement under section 4(a) hereof con6 cerning the distribution of political propa7 ganda’; and

8 ‘‘(B) by striking subsection (d); and

9 ‘‘(9) in section 11 (22 U.S.C. 621) by striking

10 ‘, including the nature, sources, and content of polit11 ical propaganda disseminated or distributed’.

12 ‘‘SEC. 410. AMENDMENTS TO THE BYRD AMENDMENT.

13 ‘‘(a) REVISED CERTIFICATION REQUIREMENTS.—

14 Section 1352(b) of title 31, United States Code, is

15 amended—

16 ‘‘(1) in paragraph (2) by striking subpara17 graphs (A), (B), and (C) and inserting the following:

18 ‘‘ ‘(A) the name of any registrant under

19 the Lobbying Disclosure Act of 1995 who has

20 made lobbying contacts on behalf of the person

21 with respect to that Federal contract, grant,

22 loan, or cooperative agreement; and

23 ‘‘ ‘(B) a certification that the person mak24 ing the declaration has not made, and will not
29

•HCON 99 IH

1 make, any payment prohibited by subsection

2 (a).’;

3 ‘‘(2) in paragraph (3) by striking all that fol4 lows ‘loan shall contain’ and inserting ‘the name of

5 any registrant under the Lobbying Disclosure Act of

6 1995 who has made lobbying contacts on behalf of

7 the person in connection with that loan insurance or

8 guarantee.’; and

9 ‘‘(3) by striking paragraph (6) and redesignat10 ing paragraph (7) as paragraph (6).

11 ‘‘(b) REMOVAL OF OBSOLETE REPORTING REQUIRE12 MENT.—Section 1352 of title 31, United States Code, is

13 further amended—

14 ‘‘(1) by striking subsection (d); and

15 ‘‘(2) by redesignating subsections (e), (f), (g),

16 and (h) as subsections (d), (e), (f), and (g), respec17 tively.

18 ‘‘SEC. 411. REPEAL OF CERTAIN LOBBYING PROVISIONS.

19 ‘‘(a) REPEAL OF THE FEDERAL REGULATION OF

20 LOBBYING ACT.—The Federal Regulation of Lobbying

21 Act (2 U.S.C. 261 et seq.) is repealed.

22 ‘‘(b) REPEAL OF PROVISIONS RELATING TO HOUS23 ING LOBBYIST ACTIVITIES.—
30

•HCON 99 IH

1 ‘‘(1) Section 13 of the Department of Housing

2 and Urban Development Act (42 U.S.C. 3537b) is

3 repealed.

4 ‘‘(2) Section 536(d) of the Housing Act of 1949

5 (42 U.S.C. 1490p(d)) is repealed.

6 ‘‘SEC. 412. CONFORMING AMENDMENTS TO OTHER STAT7 UTES.

8 ‘‘(a) AMENDMENT TO COMPETITIVENESS POLICY

9 COUNCIL ACT.—Section 5206(e) of the Competitiveness

10 Policy Council Act (15 U.S.C. 4804(e)) is amended by in11 serting ‘or a lobbyist for a foreign entity (as the terms

12 ‘‘lobbyist’’ and ‘‘foreign entity’’ are defined under section

13 3 of the Lobbying Disclosure Act of 1995)’ after ‘an agent

14 for a foreign principal’.

15 ‘‘(b) AMENDMENTS TO TITLE 18, UNITED STATES

16 CODE.—Section 219(a) of title 18, United States Code,

17 is amended—

18 ‘‘(1) by inserting ‘or a lobbyist required to reg19 ister under the Lobbying Disclosure Act of 1995 in

20 connection with the representation of a foreign en21 tity, as defined in section 3(7) of that Act’ after ‘an

22 agent of a foreign principal required to register

23 under the Foreign Agents Registration Act of 1938’;

24 and

25 ‘‘(2) by striking out ‘, as amended,’.
31

•HCON 99 IH

1 ‘‘(c) AMENDMENT TO FOREIGN SERVICE ACT OF

2 1980.—Section 602(c) of the Foreign Service Act of 1980

3 (22 U.S.C. 4002(c)) is amended by inserting ‘or a lobbyist

4 for a foreign entity (as defined in section 3(7) of the Lob5 bying Disclosure Act of 1995)’ after ‘an agent of a foreign

6 principal (as defined by section 1(b) of the Foreign Agents

7 Registration Act of 1938)’.

8 ‘‘SEC. 413. IDENTIFICATION OF CLIENTS AND COVERED OF9 FICIALS.

10 ‘‘(a) ORAL LOBBYING CONTACTS.—Any person or

11 entity that makes an oral lobbying contact with a covered

12 legislative branch official or a covered executive branch of13 ficial shall, on the request of the official at the time of

14 the lobbying contact—

15 ‘‘(1) state whether the person or entity is reg16 istered under this Act and identify the client on

17 whose behalf the lobbying contact is made; and

18 ‘‘(2) state whether such client is a foreign en19 tity and identify any foreign entity required to be

20 disclosed under section 404(b)(4) that has a direct

21 interest in the outcome of the lobbying activity.

22 ‘‘(b) WRITTEN LOBBYING CONTACTS.—Any person

23 or entity registered under this Act that makes a written

24 lobbying contact (including an electronic communication)
32

•HCON 99 IH

1 with a covered legislative branch official or a covered exec2 utive branch official shall—

3 ‘‘(1) if the client on whose behalf the lobbying

4 contact was made is a foreign entity, identify such

5 client, state that the client is considered a foreign

6 entity under this Act, and state whether the person

7 making the lobbying contact is registered on behalf

8 of that client under section 4; and

9 ‘‘(2) identify any other foreign entity identified

10 pursuant to section 404(b)(4) that has a direct in11 terest in the outcome of the lobbying activity.

12 ‘‘(c) IDENTIFICATION AS COVERED OFFICIAL.—

13 Upon request by a person or entity making a lobbying con14 tact, the individual who is contacted or the office employ15 ing that individual shall indicate whether or not the indi16 vidual is a covered legislative branch official or a covered

17 executive branch official.

18 ‘‘SEC. 414. ESTIMATES BASED ON TAX REPORTING SYSTEM.

19 ‘‘(a) ENTITIES COVERED BY SECTION 6033(b) OF

20 THE INTERNAL REVENUE CODE OF 1986.—A registrant

21 that is required to report and does report lobbying expend22 itures pursuant to section 6033(b)(8) of the Internal Rev23 enue Code of 1986 may—

24 ‘‘(1) make a good faith estimate (by category of

25 dollar value) of applicable amounts that would be re-
33

•HCON 99 IH

1 quired to be disclosed under such section for the ap2 propriate semiannual period to meet the require3 ments of sections 404(a)(3), 405(a)(2), and

4 405(b)(4); and

5 ‘‘(2) in lieu of using the definition of ‘lobbying

6 activities’ in section 3(8) of this Act, consider as lob7 bying activities only those activities that are influ8 encing legislation as defined in section 4911(d) of

9 the Internal Revenue Code of 1986.

10 ‘‘(b) ENTITIES COVERED BY SECTION 162(e) OF THE

11 INTERNAL REVENUE CODE OF 1986.—A registrant that

12 is subject to section 162(e) of the Internal Revenue Code

13 of 1986 may—

14 ‘‘(1) make a good faith estimate (by category of

15 dollar value) of applicable amounts that would not

16 be deductible pursuant to such section for the appro17 priate semiannual period to meet the requirements

18 of sections 404(a)(3), 405(a)(2), and 405(b)(4); and

19 ‘‘(2) in lieu of using the definition of ‘lobbying

20 activities’ in section 403(7) of this Act, consider as

21 lobbying activities only those activities, the costs of

22 which are not deductible pursuant to section 162(e)

23 of the Internal Revenue Code of 1986.

24 ‘‘(c) DISCLOSURE OF ESTIMATE.—Any registrant

25 that elects to make estimates required by this Act under
34

•HCON 99 IH

1 the procedures authorized by subsection (a) or (b) for re2 porting or threshold purposes shall—

3 ‘‘(1) inform the Secretary of the Senate and the

4 Clerk of the House of Representatives that the reg5 istrant has elected to make its estimates under such

6 procedures; and

7 ‘‘(2) make all such estimates, in a given cal8 endar year, under such procedures.

9 ‘‘(d) STUDY.—Not later than March 31, 1997, the

10 Comptroller General of the United States shall review re11 porting by registrants under subsections (a) and (b) and

12 report to the Congress—

13 ‘‘(1) the differences between the definition of

14 ‘lobbying activities’ in section 403(7) and the defini15 tions of ‘lobbying expenditures’, ‘influencing legisla16 tion’, and related terms in sections 162(e) and 4911

17 of the Internal Revenue Code of 1986, as each are

18 implemented by regulations;

19 ‘‘(2) the impact that any such differences may

20 have on filing and reporting under this Act pursuant

21 to this subsection; and

22 ‘‘(3) any changes to this Act or to the appro23 priate sections of the Internal Revenue Code of 1986

24 that the Comptroller General may recommend to

25 harmonize the definitions.
35

•HCON 99 IH

1 ‘‘SEC. 415. SEVERABILITY.

2 ‘‘If any provision of this title, or the application

3 thereof, is held invalid, the validity of the remainder of

4 this title and the application of such provision to other

5 persons and circumstances shall not be affected thereby.

6 ‘‘SEC. 416. EFFECTIVE DATES.

7 ‘‘(a) Except as otherwise provided in this section, this

8 title and the amendments made by this title shall take ef9 fect, and shall be effective with respect to calendar years

10 beginning on, January 1, 1996.

11 ‘‘(b) The repeals and amendments made under sec12 tions 409, 410, and 411 shall take effect as provided

13 under subsection (a), except that such repeals and amend14 ments—

15 ‘‘(1) shall not affect any proceeding or suit

16 commenced before the effective date under sub17 section (a), and in all such proceedings or suits, pro18 ceedings shall be had, appeals taken, and judgments

19 rendered in the same manner and with the same ef20 fect as if this Act had not been enacted; and

21 ‘‘(2) shall not affect the requirements of Fed22 eral agencies to compile, publish, and retain infor23 mation filed or received before the effective date of

24 such repeals and amendments.
36

•HCON 99 IH

1 ‘‘TITLE V—CONGRESSIONAL

2 GIFT RULES

3 ‘‘SEC. 501. AMENDMENT TO HOUSE RULES.

4 ‘‘Clause 4 of rule XLIII of the Rules of the House

5 of Representatives is amended to read as follows:

6 ‘‘ ‘4. (a)(1) No Member, officer, or employee of the

7 House of Representatives shall knowingly accept a gift ex8 cept as provided in this rule.

9 ‘‘ ‘(2) A Member, officer, or employee may accept a

10 gift (other than cash or cash equivalent) which the Mem11 ber, officer, or employee reasonably and in good faith be12 lieves to have a value of less than $50, and a cumulative

13 value from one source during a calendar year of less than

14 $100. No gift with a value below $10 shall count toward

15 the $100 annual limit. No formal recordkeeping is re16 quired by this paragraph, but a Member, officer, or em17 ployee shall make a good faith effort to comply with this

18 paragraph.

19 ‘‘ ‘(b)(1) For the purpose of this rule, the term ‘‘gift’’

20 means any gratuity, favor, discount, entertainment, hospi21 tality, loan, forbearance, or other item having monetary

22 value. The term includes gifts of services, training, trans23 portation, lodging, and meals, whether provided in kind,

24 by purchase of a ticket, payment in advance, or reimburse25 ment after the expense has been incurred.
37

•HCON 99 IH

1 ‘‘ ‘(2)(A) A gift to a family member of a Member,

2 officer, or employee, or a gift to any other individual based

3 on that individual’s relationship with the Member, officer,

4 or employee, shall be considered a gift to the Member, offi5 cer, or employee if it is given with the knowledge and ac6 quiescence of the Member, officer, or employee and the

7 Member, officer, or employee has reason to believe the gift

8 was given because of the official position of the Member,

9 officer, or employee.

10 ‘‘ ‘(B) If food or refreshment is provided at the same

11 time and place to both a Member, officer, or employee and

12 the spouse or dependent thereof, only the food or refresh13 ment provided to the Member, officer, or employee shall

14 be treated as a gift for purposes of this rule.

15 ‘‘ ‘(c) The restrictions in subparagraph (a) shall not

16 apply to the following:

17 ‘‘ ‘(1) Anything for which the Member, officer,

18 or employee pays the market value, or does not use

19 and promptly returns to the donor.

20 ‘‘ ‘(2) A contribution, as defined in the Federal

21 Election Campaign Act of 1971 (2 U.S.C. 431 et

22 seq.) that is lawfully made under that Act, or at23 tendance at a fundraising event sponsored by a po24 litical organization described in section 527(e) of the

25 Internal Revenue Code of 1986.
38

•HCON 99 IH

1 ‘‘ ‘(3) A gift from a relative as described in sec2 tion 107(2) of title I of the Ethics in Government

3 Act of 1978 (Public Law 95–521).

4 ‘‘ ‘(4)(A) Anything provided by an individual on

5 the basis of a personal friendship unless the Mem6 ber, officer, or employee has reason to believe that,

7 under the circumstances, the gift was provided be8 cause of the official position of the Member, officer,

9 or employee and not because of the personal friend10 ship.

11 ‘‘ ‘(B) In determining whether a gift is provided

12 on the basis of personal friendship, the Member, of13 ficer, or employee shall consider the circumstances

14 under which the gift was offered, such as:

15 ‘‘ ‘(i) The history of the relationship be16 tween the individual giving the gift and the re17 cipient of the gift, including any previous ex18 change of gifts between such individuals.

19 ‘‘ ‘(ii) Whether to the actual knowledge of

20 the Member, officer, or employee the individual

21 who gave the gift personally paid for the gift or

22 sought a tax deduction or business reimburse23 ment for the gift.

24 ‘‘ ‘(iii) Whether to the actual knowledge of

25 the Member, officer, or employee the individual
39

•HCON 99 IH

1 who gave the gift also at the same time gave

2 the same or similar gifts to other Members, of3 ficers, or employees.

4 ‘‘ ‘(5) Except as provided in paragraph 3(c), a

5 contribution or other payment to a legal expense

6 fund established for the benefit of a Member, officer,

7 or employee, that is otherwise lawfully made, if the

8 person making the contribution or payment is identi9 fied for the Committee of Standards of Official Con10 duct and complies with other disclosure require11 ments established by such Committee.

12 ‘‘ ‘(6) Any gift from another Member, officer, or

13 employee of the Senate or the House of Representa14 tives.

15 ‘‘ ‘(7) Food, refreshments, lodging, and other

16 benefits—

17 ‘‘ ‘(A) resulting from the outside business

18 or employment activities (or other outside ac19 tivities that are not connected to the duties of

20 the Member, officer, or employee as an office21 holder) of the Member, officer, or employee, or

22 the spouse of the Member, officer, or employee,

23 if such benefits have not been offered or en24 hanced because of the official position of the
40

•HCON 99 IH

1 Member, officer, or employee and are customar2 ily provided to others in similar circumstances;

3 ‘‘ ‘(B) customarily provided by a prospec4 tive employer in connection with bona fide em5 ployment discussions; or

6 ‘‘ ‘(C) provided by a political organization

7 described in section 527(e) of the Internal Rev8 enue Code of 1986 in connection with a fund9 raising or campaign event sponsored by such an

10 organization.

11 ‘‘ ‘(8) Pension and other benefits resulting from

12 continued participation in an employee welfare and

13 benefits plan maintained by a former employer.

14 ‘‘ ‘(9) Informational materials that are sent to

15 the office of the Member, officer, or employee in the

16 form of books, articles, periodicals, other written

17 materials, audiotapes, videotapes, or other forms of

18 communication.

19 ‘‘ ‘(10) Awards or prizes which are given to

20 competitors in contests or events open to the public,

21 including random drawings.

22 ‘‘ ‘(11) Honorary degrees (and associated travel,

23 food, refreshments, and entertainment) and other

24 bona fide, nonmonetary awards presented in recogni25 tion of public service (and associated food, refresh-
41

•HCON 99 IH

1 ments, and entertainment provided in the presen2 tation of such degrees and awards).

3 ‘‘ ‘(12) Donations of products from the State

4 that the Member represents that are intended pri5 marily for promotional purposes, such as display or

6 free distribution, and are of minimal value to any in7 dividual recipient.

8 ‘‘ ‘(13) Training (including food and refresh9 ments furnished to all attendees as an integral part

10 of the training) provided to a Member, officer, or

11 employee, if such training is in the interest of the

12 House of Representatives.

13 ‘‘ ‘(14) Bequests, inheritances, and other trans14 fers at death.

15 ‘‘ ‘(15) Any item, the receipt of which is author16 ized by the Foreign Gifts and Decorations Act, the

17 Mutual Educational and Cultural Exchange Act, or

18 any other statute.

19 ‘‘ ‘(16) Anything which is paid for by the Fed20 eral Government, by a State or local government, or

21 secured by the Government under a Government

22 contract.

23 ‘‘ ‘(17) A gift of personal hospitality (as defined

24 in section 109(14) of the Ethics in Government Act)
42

•HCON 99 IH

1 of an individual other than a registered lobbyist or

2 agent of a foreign principal.

3 ‘‘ ‘(18) Free attendance at a widely attended

4 event permitted pursuant to subparagraph (d).

5 ‘‘ ‘(19) Opportunities and benefits which are—

6 ‘‘ ‘(A) available to the public or to a class

7 consisting of all Federal employees, whether or

8 not restricted on the basis of geographic consid9 eration;

10 ‘‘ ‘(B) offered to members of a group or

11 class in which membership is unrelated to con12 gressional employment;

13 ‘‘ ‘(C) offered to members of an organiza14 tion, such as an employees’ association or con15 gressional credit union, in which membership is

16 related to congressional employment and similar

17 opportunities are available to large segments of

18 the public through organizations of similar size;

19 ‘‘ ‘(D) offered to any group or class that is

20 not defined in a manner that specifically dis21 criminates among Government employees on the

22 basis of branch of Government or type of re23 sponsibility, or on a basis that favors those of

24 higher rank or rate of pay;
43

•HCON 99 IH

1 ‘‘ ‘(E) in the form of loans from banks and

2 other financial institutions on terms generally

3 available to the public; or

4 ‘‘ ‘(F) in the form of reduced membership

5 or other fees for participation in organization

6 activities offered to all Government employees

7 by professional organizations if the only restric8 tions on membership relate to professional

9 qualifications.

10 ‘‘ ‘(20) A plaque, trophy, or other item that is

11 substantially commemorative in nature and which is

12 intended solely for presentation.

13 ‘‘ ‘(21) Anything for which, in an unusual case,

14 a waiver is granted by the Committee on Standards

15 of Official Conduct.

16 ‘‘ ‘(22) Food or refreshments of a nominal value

17 offered other than as a part of a meal.

18 ‘‘ ‘(23) An item of little intrinsic value such as

19 a greeting card, baseball cap, or a T-shirt.

20 ‘‘ ‘(d)(1) A Member, officer, or employee may accept

21 an offer of free attendance at a widely attended conven22 tion, conference, symposium, forum, panel discussion, din23 ner, viewing, reception, or similar event, provided by the

24 sponsor of the event, if—
44

•HCON 99 IH

1 ‘‘ ‘(A) the Member, officer, or employee partici2 pates in the event as a speaker or a panel partici3 pant, by presenting information related to Congress

4 or matters before Congress, or by performing a cere5 monial function appropriate to the Member’s, offi6 cer’s, or employee’s official position; or

7 ‘‘ ‘(B) attendance at the event is appropriate to

8 the performance of the official duties or representa9 tive function of the Member, officer, or employee.

10 ‘‘ ‘(2) A Member, officer, or employee who attends an

11 event described in clause (1) may accept a sponsor’s unso12 licited offer of free attendance at the event for an accom13 panying individual if others in attendance will generally

14 be similarly accompanied or if such attendance is appro15 priate to assist in the representation of the House of Rep16 resentatives.

17 ‘‘ ‘(3) A Member, officer, or employee, or the spouse

18 or dependent thereof, may accept a sponsor’s unsolicited

19 offer of free attendance at a charity event, except that re20 imbursement for transportation and lodging may not be

21 accepted in connection with an event that does not meet

22 the standards provided in paragraph 2.

23 ‘‘ ‘(4) For purposes of this paragraph, the term ‘free

24 attendance’ may include waiver of all or part of a con25 ference or other fee, the provision of local transportation,
45

•HCON 99 IH

1 or the provision of food, refreshments, entertainment, and

2 instructional materials furnished to all attendees as an in3 tegral part of the event. The term does not include enter4 tainment collateral to the event, nor does it include food

5 or refreshments taken other than in a group setting with

6 all or substantially all other attendees.

7 ‘‘ ‘(e) No Member, officer, or employee may accept

8 a gift the value of which exceeds $250 on the basis of

9 the personal friendship exception in subparagraph (c)(4)

10 unless the Committee on Standards of Official Conduct

11 issues a written determination that such exception applies.

12 No determination under this subparagraph is required for

13 gifts given on the basis of the family relationship excep14 tion.

15 ‘‘ ‘(f) When it is not practicable to return a tangible

16 item because it is perishable, the item may, at the discre17 tion of the recipient, be given to an appropriate charity

18 or destroyed.

19 ‘‘ ‘(g)(1) A reimbursement (including payment in

20 kind) to a Member, officer, or employee from an individual

21 other than a registered lobbyist or agent of a foreign prin22 cipal for necessary transportation, lodging and related ex23 penses for travel to a meeting, speaking engagement, fact24 finding trip or similar event in connection with the duties

25 of the Member, officer, or employee as an officeholder
46

•HCON 99 IH

1 shall be deemed to be a reimbursement to the House of

2 Representatives and not a gift prohibited by this rule, if

3 the Member, officer, or employee—

4 ‘‘ ‘(A) in the case of an employee, receives ad5 vance authorization, from the Member or officer

6 under whose direct supervision the employee works,

7 to accept reimbursement, and

8 ‘‘ ‘(B) discloses the expenses reimbursed or to

9 be reimbursed and the authorization to the Clerk of

10 the House of Representatives within 30 days after

11 the travel is completed.

12 ‘‘ ‘(2) For purposes of clause (1), events, the activities

13 of which are substantially recreational in nature, shall not

14 be considered to be in connection with the duties of a

15 Member, officer, or employee as an officeholder.

16 ‘‘ ‘(h) Each advance authorization to accept reim17 bursement shall be signed by the Member or officer under

18 whose direct supervision the employee works and shall in19 clude—

20 ‘‘ ‘(1) the name of the employee;

21 ‘‘ ‘(2) the name of the person who will make the

22 reimbursement;

23 ‘‘ ‘(3) the time, place, and purpose of the travel;

24 and
47

•HCON 99 IH

1 ‘‘ ‘(4) a determination that the travel is in con2 nection with the duties of the employee as an office3 holder and would not create the appearance that the

4 employee is using public office for private gain.

5 ‘‘ ‘(i) Each disclosure made under subparagraph

6 (g)(1) of expenses reimbursed or to be reimbursed shall

7 be signed by the Member or officer (in the case of travel

8 by that Member or officer) or by the Member or officer

9 under whose direct supervision the employee works (in the

10 case of travel by an employee) and shall include—

11 ‘‘ ‘(1) a good faith estimate of total transpor12 tation expenses reimbursed or to be reimbursed;

13 ‘‘ ‘(2) a good faith estimate of total lodging ex14 penses reimbursed or to be reimbursed;

15 ‘‘ ‘(3) a good faith estimate of total meal ex16 penses reimbursed or to be reimbursed;

17 ‘‘ ‘(4) a good faith estimate of the total of other

18 expenses reimbursed or to be reimbursed;

19 ‘‘ ‘(5) a determination that all such expenses

20 are necessary transportation, lodging, and related

21 expenses as defined in this paragraph; and

22 ‘‘ ‘(6) in the case of a reimbursement to a Mem23 ber or officer, a determination that the travel was in

24 connection with the duties of the Member or officer

25 as an officeholder and would not create the appear-
48

•HCON 99 IH

1 ance that the Member or officer is using public of2 fice for private gain.

3 ‘‘ ‘(j) For the purposes of this paragraph, the term

4 ‘‘necessary transportation, lodging, and related ex5 penses’’—

6 ‘‘ ‘(1) includes reasonable expenses that are nec7 essary for travel for a period not exceeding 3 days

8 exclusive of travel time within the United States or

9 7 days exclusive of travel time outside of the United

10 States unless approved in advance by the Committee

11 on Standards of Official Conduct;

12 ‘‘ ‘(2) is limited to reasonable expenditures for

13 transportation, lodging, conference fees and mate14 rials, and food and refreshments, including reim15 bursement for necessary transportation, whether or

16 not such transportation occurs within the periods de17 scribed in clause (1);

18 ‘‘ ‘(3) does not include expenditures for rec19 reational activities, nor does it include entertainment

20 other than that provided to all attendees as an inte21 gral part of the event, except for activities or enter22 tainment otherwise permissible under this rule; and

23 ‘‘ ‘(4) may include travel expenses incurred on

24 behalf of either the spouse or a child of the Member,

25 officer, or employee, subject to a determination
49

•HCON 99 IH

1 signed by the Member or officer (or in the case of

2 an employee, the Member or officer under whose di3 rect supervision the employee works) that the at4 tendance of the spouse or child is appropriate to as5 sist in the representation of the House of Represent6 atives.

7 ‘‘ ‘(k) The Clerk of the House of Representatives shall

8 make available to the public all advance authorizations

9 and disclosures of reimbursement filed pursuant to sub10 paragraph (g) as soon as possible after they are received.

11 ‘‘ ‘(l) A gift prohibited by paragraph (a) includes the

12 following:

13 ‘‘ ‘(1) Anything provided by a registered lobby14 ist or an agent of a foreign principal to an entity

15 that is maintained or controlled by a Member, offi16 cer, or employee.

17 ‘‘ ‘(2) A charitable contribution (as defined in

18 section 170(c) of the Internal Revenue Code of

19 1986) made by a registered lobbyist or an agent of

20 a foreign principal on the basis of a designation, rec21 ommendation, or other specification of a Member,

22 officer, or employee (not including a mass mailing or

23 other solicitation directed to a broad category of per24 sons or entities), other than a charitable contribu25 tion permitted by paragraph (4).
50

•HCON 99 IH

1 ‘‘ ‘(3) A contribution or other payment by a reg2 istered lobbyist or an agent of a foreign principal to

3 a legal expense fund established for the benefit of a

4 Member, officer, or employee.

5 ‘‘ ‘(4) A financial contribution or expenditure

6 made by a registered lobbyist or an agent of a for7 eign principal relating to a conference, retreat, or

8 similar event, sponsored by or affiliated with an offi9 cial congressional organization, for or on behalf of

10 Members, officers, or employees.

11 ‘‘ ‘(m) A charitable contribution (as defined in section

12 170(c) of the Internal Revenue Code of 1986) made by

13 a registered lobbyist or an agent of a foreign principal in

14 lieu of an honorarium to a Member, officer, or employee

15 shall not be considered a gift under this rule if it is re16 ported as provided in subparagraph (n).

17 ‘‘ ‘(n) A Member, officer, or employee who designates

18 or recommends a contribution to a charitable organization

19 in lieu of honoraria described in subparagraph (m) shall

20 report within 30 days after such designation or rec21 ommendation to the Clerk of the House of Representa22 tives—

23 ‘‘ ‘(1) the name and address of the registered

24 lobbyist who is making the contribution in lieu of

25 honoraria;
51

•HCON 99 IH

1 ‘‘ ‘(2) the date and amount of the contribution;

2 and

3 ‘‘ ‘(3) the name and address of the charitable

4 organization designated or recommended by the

5 Member.

6 The Clerk of the House of Representatives shall make

7 public information received pursuant to this subparagraph

8 as soon as possible after it is received.

9 ‘‘ ‘(o) For purposes of this rule—

10 ‘‘ ‘(1) the term ‘‘registered lobbyist’’ means a

11 lobbyist registered under the Federal Regulation of

12 Lobbying Act or any successor statute; and

13 ‘‘ ‘(2) the term ‘‘agent of a foreign principal’’

14 means an agent of a foreign principal registered

15 under the Foreign Agents Registration Act.

16 ‘‘ ‘(p) All the provisions of this rule shall be inter17 preted and enforced solely by the Committee on Standards

18 of Official Conduct. The Committee on Standards of Offi19 cial Conduct is authorized to issue guidance on any matter

20 contained in this rule.’ ’’.

21 ‘‘SEC. 502. EFFECTIVE DATE.

22 ‘‘The amendments made by this title shall take effect,

23 and shall be effective with respect to calendar years begin24 ning on, January 1, 1996.’’.

Æ
52

•HCON 99 IH

HCON 99 IH——2

HCON 99 IH——3

HCON 99 IH——4

HCON 99 IH——5