I

104TH CONGRESS

1ST SESSION H. R. 119

To provide for the disclosure of lobbying activities to influence the Federal

Government, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. BRYANT of Texas introduced the following bill; which was referred to the

Committee on the Judiciary and, in addition, to the Committee on Standards of Official Conduct, for a period to be subsequently determined by

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

A BILL

To provide for the disclosure of lobbying activities to

influence the Federal Government, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 TITLE I—LOBBYING

4 DISCLOSURE

5 SECTION 101. SHORT TITLE.

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

7 Act of 1995’’.

8 SEC. 102. FINDINGS.

9 The Congress finds that—
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1 (1) responsible representative Government re2 quires public awareness of the efforts of paid lobby3 ists to influence the public decision making process

4 in both the legislative and executive branches of the

5 Federal Government;

6 (2) existing lobbying disclosure statutes have

7 been ineffective because of unclear statutory lan8 guage, weak administrative and enforcement provi9 sions, and an absence of clear guidance as to who

10 is required to register and what they are required to

11 disclose; and

12 (3) the effective public disclosure of the identity

13 and extent of the efforts of paid lobbyists to influ14 ence Federal officials in the conduct of Government

15 actions will increase public confidence in the integ16 rity of Government.

17 SEC. 103. DEFINITIONS.

18 As used in this title:

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

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

21 United States Code.

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

23 person or entity that employs or retains another per24 son for financial or other compensation to conduct

25 lobbying activities on behalf of that person or entity.
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1 A person or entity whose employees act as lobbyists

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

3 of such employees. In the case of a coalition or asso4 ciation that employs or retains other persons to con5 duct lobbying activities, the client is—

6 (A) the coalition or association and not its

7 individual members when the lobbying activities

8 are conducted on behalf of its membership and

9 financed by the coalition’s or association’s dues

10 and assessments; or

11 (B) an individual member or members,

12 when the lobbying activities are conducted on

13 behalf of, and financed separately by, 1 or more

14 individual members and not by the coalition’s or

15 association’s dues and assessments.

16 (3) COVERED EXECUTIVE BRANCH OFFICIAL.—

17 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;
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1 (D) any officer or employee serving in a

2 position in level I, II, III, IV, or V of the Exec3 utive Schedule, as designated by statute or ex4 ecutive order;

5 (E) any officer or employee serving in a

6 Senior Executive Service position, as defined in

7 section 3132(a)(2) of title 5, United States

8 Code;

9 (F) any member of the uniformed services

10 whose pay grade is at or above O–7 under sec11 tion 201 of title 37, United States Code; and

12 (G) any officer or employee serving in a

13 position of a confidential, policy-determining,

14 policy-making, or policy-advocating character

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

16 United States Code.

17 (4) COVERED LEGISLATIVE BRANCH OFFI18 CIAL.—The term ‘‘covered legislative branch official’’

19 means—

20 (A) a Member of Congress;

21 (B) an elected officer of either House of

22 Congress;

23 (C) any employee of, or any other individ24 ual functioning in the capacity of an employee

25 of—
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1 (i) a Member of Congress;

2 (ii) a committee of either House of

3 Congress;

4 (iii) the leadership staff of the House

5 of Representatives or the leadership staff

6 of the Senate;

7 (iv) a joint committee of Congress;

8 and

9 (v) a working group or caucus orga10 nized to provide legislative services or

11 other assistance to Members of Congress;

12 and

13 (D) any other legislative branch employee

14 serving in a position described under section

15 109(13) of the Ethics in Government Act of

16 1978 (5 U.S.C. App.).

17 (5) DIRECTOR.—The term ‘‘Director’’ means

18 the Director of the Office of Lobbying Registration

19 and Public Disclosure.

20 (6) EMPLOYEE.—The term ‘‘employee’’ means

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

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

23 not include—

24 (A) independent contractors; or
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1 (B) volunteers who receive no financial or

2 other compensation from the person or entity

3 for their services.

4 (7) FOREIGN ENTITY.—The term ‘‘foreign en5 tity’’ means a foreign principal (as defined in section

6 1(b) of the Foreign Agents Registration Act of 1938

7 (22 U.S.C. 611(b)).

8 (8) GRASSROOTS LOBBYING COMMUNICA9 TIONS.—The term ‘‘grassroots lobbying communica10 tions’’ means—

11 (A) any communication that attempts to

12 influence a matter described in clause (i), (ii),

13 (iii), or (iv) of section 103(10)(A) through an

14 attempt to affect the opinions of the general

15 public or any segment thereof;

16 (B) any communication between an organi17 zation and any bona fide member of such orga18 nization to directly encourage such member to

19 make a communication to a covered executive

20 branch official or a covered legislative branch

21 official with regard to a matter described in

22 clause (i), (ii), (iii), or (iv) of section

23 103(10)(A); and

24 (C) any communication between an organi25 zation and any bona fide member of such orga-
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1 nization to directly encourage such member to

2 urge persons other than members to commu3 nicate as provided in either subparagraph (A)

4 or subparagraph (B).

5 (9) LOBBYING ACTIVITIES.—

6 (A) DEFINITION.—The term ‘‘lobbying ac7 tivities’’ means lobbying contacts and efforts in

8 support of such contacts, including preparation

9 and planning activities, research and other

10 background work that is intended, at the time

11 it is performed, for use in contacts, and coordi12 nation with the lobbying activities of others.

13 Except as provided in subparagraph (B), lobby14 ing activities also include grassroots lobbying

15 communications to the extent that such commu16 nications are made in support of a lobbying

17 contact. A communication in support of a lob18 bying contact is a lobbying activity even if the

19 communication is excluded from the definition

20 of ‘‘lobbying contact’’ under paragraph (10)(B).

21 (B) RELIGIOUS ORGANIZATIONS.—Lobby22 ing activities do not include grassroots lobbying

23 communications by churches, their integrated

24 auxiliaries, conventions or associations of

25 churches, and religious orders that are exempt
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1 from filing Federal income tax returns under

2 paragraph (2)(A)(i) or (2)(A)(iii) of section

3 6033(a) of the Internal Revenue Code of 1986,

4 unless such communications are made by an5 other registrant or any person or entity re6 quired to be identified under section 104(b)(5).

7 (10) LOBBYING CONTACT.—

8 (A) DEFINITION.—The term ‘‘lobbying

9 contact’’ means any oral or written communica10 tion (including an electronic communication) to

11 a covered executive branch official or a covered

12 legislative branch official that is made on behalf

13 of a client with regard to—

14 (i) the formulation, modification, or

15 adoption of Federal legislation (including

16 legislative proposals);

17 (ii) the formulation, modification, or

18 adoption of a Federal rule, regulation, Ex19 ecutive order, or any other program, policy,

20 or position of the United States Govern21 ment;

22 (iii) the administration or execution of

23 a Federal program or policy (including the

24 negotiation, award, or administration of a

25 Federal contract, grant, loan, permit, or li-
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1 cense), except that this clause does not in2 clude communications that are made to

3 any covered executive branch official—

4 (I) who is serving in a Senior Ex5 ecutive Service position described in

6 paragraph (3)(E); or

7 (II) who is a member of the uni8 formed services whose pay grade is

9 lower than O–9 under section 201 of

10 title 37, United States Code,

11 in the agency responsible for taking such

12 administrative or executive action; or

13 (iv) the nomination or confirmation of

14 a person for a position subject to confirma15 tion by the Senate.

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

17 contact’’ does not include a communication that

18 is—

19 (i) made by a public official acting in

20 the public official’s official capacity;

21 (ii) made by a representative of a

22 media organization if the purpose of the

23 communication is gathering and dissemi24 nating news and information to the public;
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1 (iii) made in a speech, article, publica2 tion or other material that is widely dis3 tributed to the public, or through radio,

4 television, cable television, or other medium

5 of mass communication;

6 (iv) made on behalf of a government

7 of a foreign country or a foreign political

8 party and disclosed under the Foreign

9 Agents Registration Act of 1938 (22

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

11 (v) a request for a meeting, a request

12 for the status of an action, or any other

13 similar administrative request, if the re14 quest does not include an attempt to influ15 ence a covered executive branch official or

16 a covered legislative branch official;

17 (vi) made in the course of participa18 tion in an advisory committee subject to

19 the Federal Advisory Committee Act;

20 (vii) testimony given before a commit21 tee, subcommittee, or task force of the

22 Congress, or submitted for inclusion in the

23 public record of a hearing conducted by

24 such committee, subcommittee, or task

25 force;
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1 (viii) information provided in writing

2 in response to a written request by a cov3 ered executive branch official or a covered

4 legislative branch official for specific infor5 mation;

6 (ix) required by subpoena, civil inves7 tigative demand, or otherwise compelled by

8 statute, regulation, or other action of the

9 Congress or an agency;

10 (x) made in response to a notice in

11 the Federal Register, Commerce Business

12 Daily, or other similar publication solicit13 ing communications from the public and

14 directed to the agency official specifically

15 designated in the notice to receive such

16 communications;

17 (xi) not possible to report without dis18 closing information, the unauthorized dis19 closure of which is prohibited by law;

20 (xii) made to an official in an agency

21 with regard to—

22 (I) a judicial proceeding or a

23 criminal or civil law enforcement in24 quiry, investigation, or proceeding; or
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1 (II) a filing or proceeding that

2 the Government is specifically re3 quired by statute or regulation to

4 maintain or conduct on a confidential

5 basis,

6 if that agency is charged with responsibil7 ity for such proceeding, inquiry, investiga8 tion, or filing;

9 (xiii) made in compliance with written

10 agency procedures regarding an adjudica11 tion conducted by the agency under section

12 554 of title 5, United States Code, or sub13 stantially similar provisions;

14 (xiv) a written comment filed in the

15 course of a public proceeding or any other

16 communication that is made on the record

17 in a public proceeding;

18 (xv) a petition for agency action made

19 in writing and required to be a matter of

20 public record pursuant to established agen21 cy procedures;

22 (xvi) made on behalf of an individual

23 with regard to that individual’s benefits,

24 employment, or other personal matters in25 volving only that individual, except that
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1 this clause does not apply to any commu2 nication with—

3 (I) a covered executive branch of4 ficial, or

5 (II) a covered legislative branch

6 official (other than the individual’s

7 elected Members of Congress or em8 ployees who work under such Mem9 bers’ direct supervision),

10 with respect to the formulation, modifica11 tion, or adoption of private legislation for

12 the relief of that individual;

13 (xvii) a disclosure by an individual

14 that is protected under the amendments

15 made by the Whistleblower Protection Act

16 of 1989, under the Inspector General Act

17 of 1978, or under another provision of law;

18 (xviii) made by—

19 (I) a church, its integrated auxil20 iary, or a convention or association of

21 churches that is exempt from filing a

22 Federal income tax return under

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

24 of the Internal Revenue Code of 1986,

25 or
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1 (II) a religious order that is ex2 empt from filing a Federal income tax

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

4 such section 6033(a),

5 if the communication constitutes the free

6 exercise of religion or is for the purpose of

7 protecting the right to the free exercise of

8 religion; and

9 (xix) between—

10 (I) officials of a self-regulatory

11 organization (as defined in section

12 3(a)(26) of the Securities Exchange

13 Act) that is registered with or estab14 lished by the Securities and Exchange

15 Commission as required by that Act;

16 and

17 (II) the Securities and Exchange

18 Commission,

19 relating to the regulatory responsibilities of

20 such organization under that Act.

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

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

23 employees who are lobbyists on behalf of a client

24 other than that person or entity. The term also in25 cludes a self-employed individual who is a lobbyist.
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1 (12) LOBBYIST.—The term ‘‘lobbyist’’ means

2 any individual who is employed or retained by a cli3 ent for financial or other compensation for services

4 that include one or more lobbying contacts, other

5 than an individual whose lobbying activities con6 stitute less than 10 percent of the time engaged in

7 the services provided by such individual to that

8 client.

9 (13) MEDIA ORGANIZATION.—The term ‘‘media

10 organization’’ means a person or entity engaged in

11 disseminating information to the general public

12 through a newspaper, magazine, other publication,

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

14 mass communication.

15 (14) MEMBER OF CONGRESS.—The term

16 ‘‘Member of Congress’’ means a Senator or a Rep17 resentative in, or Delegate or Resident Commis18 sioner to, the Congress.

19 (15) ORGANIZATION.—The term ‘‘organization’’

20 means a person or entity other than an individual.

21 (16) PERSON OR ENTITY.—The term ‘‘person

22 or entity’’ means any individual, corporation, com23 pany, foundation, association, labor organization,

24 firm, partnership, society, joint stock company,

25 group of organizations, or State or local government.
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1 (17) PUBLIC OFFICIAL.—The term ‘‘public offi2 cial’’ means any elected official, appointed official, or

3 employee of—

4 (A) a Federal, State, or local unit of gov5 ernment in the United States other than—

6 (i) a college or university;

7 (ii) a government-sponsored enterprise

8 (as defined in section 3(8) of the Congres9 sional Budget and Impoundment Control

10 Act of 1974);

11 (iii) a public utility that provides gas,

12 electricity, water, or communications;

13 (iv) a guaranty agency (as defined in

14 section 435(j) of the Higher Education Act

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

16 any affiliate of such an agency; or

17 (v) an agency of any State functioning

18 as a student loan secondary market pursu19 ant to section 435(d)(1)(F) of the Higher

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

21 1085(d)(1)(F));

22 (B) a Government corporation (as defined

23 in section 9101 of title 31, United States

24 Code);
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1 (C) an organization of State or local elect2 ed or appointed officials other than officials of

3 an entity described in clause (i), (ii), (iii), (iv),

4 or (v) of subparagraph (A);

5 (D) an Indian tribe (as defined in section

6 4(e) of the Indian Self-Determination and Edu7 cation Assistance Act (25 U.S.C. 450b(e));

8 (E) a national or State political party or

9 any organizational unit thereof; or

10 (F) a national, regional, or local unit of

11 any foreign government.

12 (18) STATE.—The term ‘‘State’’ means each of

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

14 commonwealth, territory, or possession of the United

15 States.

16 SEC. 104. REGISTRATION OF LOBBYISTS.

17 (a) REGISTRATION.—

18 (1) GENERAL RULE.—No later than 30 days

19 after a lobbyist first makes a lobbying contact or is

20 employed or retained to make a lobbying contact,

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

22 under paragraph (2), the organization employing

23 such lobbyist), shall register with the Office of Lob24 bying Registration and Public Disclosure.
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1 (2) EMPLOYER FILING.—Any organization that

2 has 1 or more employees who are lobbyists shall file

3 a single registration under this section on behalf of

4 such employees for each client on whose behalf the

5 employees act as lobbyists.

6 (3) EXEMPTION.—

7 (A) GENERAL RULE.—Notwithstanding

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

9 whose—

10 (i) total income for matters related to

11 lobbying activities on behalf of a particular

12 client (in the case of a lobbying firm) does

13 not exceed and is not expected to exceed

14 $2,500; or

15 (ii) total expenses in connection with

16 lobbying activities (in the case of an orga17 nization whose employees engage in lobby18 ing activities on its own behalf) do not ex19 ceed or are not expected to exceed $5,000,

20 (as estimated under section 105) in the semi21 annual period described in section 105(a) dur22 ing which the registration would be made is not

23 required to register under subsection (a) with

24 respect to such client.
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1 (B) ADJUSTMENT.—The dollar amounts in

2 subparagraph (A) shall be adjusted—

3 (i) on January 1, 1997, to reflect

4 changes in the Consumer Price Index (as

5 determined by the Secretary of Labor)

6 since the date of enactment of this title;

7 and

8 (ii) on January 1 of each fourth year

9 occurring after January 1, 1997, to reflect

10 changes in the Consumer Price Index (as

11 determined by the Secretary of Labor)

12 during the preceding 4-year period,

13 rounded to the nearest $500.

14 (b) CONTENTS OF REGISTRATION.—Each registra15 tion under this section shall be in such form as the Direc16 tor shall prescribe by regulation and shall contain—

17 (1) the name, address, business telephone num18 ber, and principal place of business of the registrant,

19 and a general description of its business or activi20 ties;

21 (2) the name, address, and principal place of

22 business of the registrant’s client, and a general de23 scription of its business or activities (if different

24 from paragraph (1));
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1 (3) the name, address, and principal place of

2 business of any organization, other than the client,

3 that—

4 (A) contributes more than $5,000 toward

5 the lobbying activities of the registrant in a

6 semiannual period described in section 105(a);

7 and

8 (B) participates significantly in the plan9 ning, supervision, or control of such lobbying

10 activities;

11 (4) the name, address, principal place of busi12 ness, amount of any contribution of more than

13 $5,000 to the lobbying activities of the registrant,

14 and approximate percentage of equitable ownership

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

16 (A) holds at least 20 percent equitable

17 ownership in the client or any organization

18 identified under paragraph (3);

19 (B) directly or indirectly, in whole or in

20 major part, plans, supervises, controls, directs,

21 finances, or subsidizes the activities of the cli22 ent or any organization identified under para23 graph (3); or

24 (C) is an affiliate of the client or any orga25 nization identified under paragraph (3) and has
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1 a direct interest in the outcome of the lobbying

2 activity;

3 (5) the name, address, and principal place of

4 business of any person or entity retained by the reg5 istrant to conduct grassroots lobbying communica6 tions on behalf of the registrant or the client (other

7 than an employee of the registrant or a person or

8 entity that is separately registered under this title in

9 connection with such representation);

10 (6) a statement of—

11 (A) the general issue areas in which the

12 registrant expects to engage in lobbying activi13 ties on behalf of the client; and

14 (B) to the extent practicable, specific is15 sues that have (as of the date of the registra16 tion) already been addressed or are likely to be

17 addressed in lobbying activities; and

18 (7) the name of each employee of the registrant

19 who has acted or whom the registrant expects to act

20 as a lobbyist on behalf of the client and, if any such

21 employee has served as a covered executive branch

22 official or a covered legislative branch official in the

23 2 years before the date on which such employee first

24 acted (after the date of enactment of this Act) as a
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1 lobbyist on behalf of the client, the position in which

2 such employee served.

3 (c) GUIDELINES FOR REGISTRATION.—

4 (1) MULTIPLE CLIENTS.—In the case of a reg5 istrant making lobbying contacts on behalf of more

6 than 1 client, a separate registration under this sec7 tion shall be filed for each such client.

8 (2) MULTIPLE CONTACTS.—A registrant who

9 makes more than 1 lobbying contact for the same

10 client shall file a single registration covering all such

11 lobbying contacts.

12 (d) TERMINATION OF REGISTRATION.—A registrant

13 who after registration—

14 (1) is no longer employed or retained by a cli15 ent to conduct lobbying activities, and

16 (2) does not anticipate any additional lobbying

17 activities for such client,

18 may so notify the Director and terminate its registration.

19 SEC. 105. REPORTS BY REGISTERED LOBBYISTS.

20 (a) SEMIANNUAL REPORT.—

21 (1) IN GENERAL.—No later than 30 days after

22 the end of the semiannual period beginning on the

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

24 of each year in which a registrant is registered

25 under section 104, each registrant shall file a report
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1 with the Office of Lobbying Registration and Public

2 Disclosure on its lobbying activities during such

3 semiannual period. A separate report shall be filed

4 for each client of the registrant.

5 (2) EXEMPTION.—

6 (A) GENERAL RULE.—Any registrant

7 whose—

8 (i) total income for a particular client

9 for matters that are related to lobbying ac10 tivities on behalf of that client (in the case

11 of a lobbying firm), does not exceed and is

12 not expected to exceed $2,500; or

13 (ii) total expenses in connection with

14 lobbying activities (in the case of a reg15 istrant whose employees engage in lobbying

16 activities on its own behalf) do not exceed

17 and are not expected to exceed $5,000,

18 in a semiannual period (as estimated under

19 paragraph (3) or (4) of subsection (b) or para20 graph (4) of subsection (c), as applicable) is

21 deemed to be inactive during such period and

22 may comply with the reporting requirements of

23 this section by so notifying the Director in such

24 form as the Director may prescribe.
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1 (B) ADJUSTMENT.—The dollar amounts in

2 subparagraph (A) shall be adjusted as provided

3 in section 104(a)(3)(B).

4 (b) CONTENTS OF REPORT.—Each semiannual re5 port filed under subsection (a) shall be in such form as

6 the Director shall prescribe by regulation and shall

7 contain—

8 (1) the name of the registrant, the name of the

9 client, and any changes or updates to the informa10 tion provided in the initial registration;

11 (2) for each general issue area in which the reg12 istrant engaged in lobbying activities on behalf of

13 the client during the semiannual filing period—

14 (A) a list of the specific issues upon which

15 a lobbyist employed by the registrant engaged

16 in lobbying activities, including, to the maxi17 mum extent practicable, a list of bill numbers

18 and references to specific regulatory actions,

19 programs, projects, contracts, grants and loans;

20 (B) a statement of the Houses and com21 mittees of Congress and the Federal agencies

22 contacted by lobbyists employed by the reg23 istrant on behalf of the client;

24 (C) a list of the employees of the registrant

25 who acted as lobbyists on behalf of the client;
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1 (D) a description of the interest, if any, of

2 any foreign entity identified under section

3 104(b)(4) in the specific issues listed under

4 subparagraph (A); and

5 (E) a list of the specific issues on which

6 any person or entity required to be identified

7 under section 104(b)(5) has engaged in grass8 roots lobbying communications on behalf of the

9 client;

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;

17 (4) in the case of a registrant engaged in lobby18 ing activities on its own behalf, a good faith estimate

19 of the total expenses that the registrant and its em20 ployees incurred in connection with lobbying activi21 ties during the semiannual filing period;

22 (5) the name, address, and principal place of

23 business of any person or entity other than the cli24 ent who paid the registrant to lobby on behalf of the

25 client; and
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1 (6) a good faith estimate of the total expenses

2 that the registrant and its employees incurred in

3 connection with grassroots lobbying communications

4 on behalf of the client (including any amount paid,

5 in connection with such communications, to a person

6 or entity required to be identified under section

7 104(b)(5)).

8 (c) ESTIMATES OF INCOME OR EXPENSES.—For pur9 poses of this section, estimates of income or expenses shall

10 be made as follows:

11 (1) $100,000 OR LESS.—Income or expenses of

12 $100,000 or less shall be estimated in accordance

13 with the following categories:

14 (A) $10,000 or less.

15 (B) More than $10,000 but not more than

16 $20,000.

17 (C) More than $20,000 but not more than

18 $50,000.

19 (D) More than $50,000 but not more than

20 $100,000.

21 (2) MORE THAN $100,000 BUT NOT MORE THAN

22 $500,000.—Income or expenses in excess of $100,000

23 but not more than $500,000 shall be estimated and

24 rounded to the nearest $50,000.
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1 (3) MORE THAN $500,000.—Income or expenses

2 in excess of $500,000 shall be estimated and round3 ed to the nearest $100,000.

4 (4) ESTIMATES BASED ON TAX REPORTING SYS5 TEM.—In the case of any registrant that is required

6 to report and does report lobbying expenditures as

7 required by section 6033(b)(8) of the Internal Reve8 nue Code of 1986, regulations prescribed under sec9 tion 107 shall provide that the registrant may make

10 a good faith estimate of applicable amounts that

11 would be required to be disclosed under such section

12 of the Internal Revenue Code of 1986 for the appli13 cable semiannual period (by category of dollar value)

14 to meet the requirements of subsections (b)(4) and

15 (b)(6), if each time the registrant makes such an es16 timate, the registrant informs the Director that the

17 registrant is making such an estimate.

18 (5) CONSTRUCTION.—In estimating total in19 come or expenses under this section, a registrant is

20 not required to include—

21 (A) the value of contributed services for

22 which no payment is made; or

23 (B) the expenses for services provided by

24 an independent contractor of the registrant who

25 is separately registered under this title.
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1 (d) CONTACTS.—

2 (1) CONTACTS WITH COMMITTEES.—For pur3 poses of subsection (b)(2), any contact with a mem4 ber of a committee of Congress, an employee of a

5 committee of Congress, or an employee of a member

6 of a committee of Congress regarding a matter with7 in the jurisdiction of such committee shall be consid8 ered to be a contact with the committee.

9 (2) CONTACTS WITH HOUSE OF CONGRESS.—

10 For purposes of subsection (b)(2), any contact with

11 a Member of Congress or an employee of a Member

12 of Congress regarding a matter that is not within

13 the jurisdiction of a committee of Congress of which

14 that Member is a member shall be considered to be

15 a contact with the House of Congress of that

16 Member.

17 (3) CONTACTS WITH FEDERAL AGENCIES.—For

18 purposes of subsection (b)(2), any contact with a

19 covered executive branch official shall be considered

20 to be a contact with the Federal agency that em21 ploys that official, except that a contact with a cov22 ered executive branch official who is detailed to an23 other Federal agency or to the Congress shall be

24 considered to be a contact with the Federal agency
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1 or with the committee of Congress or House of Con2 gress to which the official is detailed.

3 (e) EXTENSION FOR FILING.—The Director may

4 grant an extension of time of not more than 30 days for

5 the filing of any report under this section, upon the re6 quest of the registrant, for good cause shown.

7 SEC. 106. PROHIBITION ON GIFTS BY LOBBYISTS, LOBBY8 ING FIRMS, AND AGENTS OF FOREIGN PRIN9 CIPALS.

10 (a) IN GENERAL.—

11 (1) PROHIBITION.—No lobbyist or lobbying

12 firm registered under this title and no agent of a

13 foreign principal registered under the Foreign

14 Agents Registration Act may provide a gift, directly

15 or indirectly, to any covered legislative branch

16 official.

17 (2) DEFINITION.—For purposes of this

18 section—

19 (A) the term ‘gift’ means any gratuity,

20 favor, discount, entertainment, hospitality, loan,

21 forbearance, or other item having monetary

22 value and such term includes gifts of services,

23 training, transportation, lodging, and meals,

24 whether provided in kind, by purchase of a tick-
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•HR 119 IH

1 et, payment in advance, or reimbursement after

2 the expense has been incurred; and

3 (B) a gift to the spouse or dependent of a

4 covered legislative branch official (or a gift to

5 any other individual based on that individual’s

6 relationship with the covered legislative branch

7 official) shall be considered a gift to the covered

8 legislative branch official if it is given with the

9 knowledge and acquiescence of the covered leg10 islative branch official and is given because of

11 the official position of the covered legislative

12 branch official.

13 (b) GIFTS.—The prohibition in subsection (a) in14 cludes the following:

15 (1) Anything provided by a lobbyist or a foreign

16 agent which is paid for, charged to, or reimbursed

17 by a client or firm of such lobbyist or foreign agent.

18 (2) Anything provided by a lobbyist, a lobbying

19 firm, or a foreign agent to an entity that is main20 tained or controlled by a covered legislative branch

21 official.

22 (3) A charitable contribution (as defined in sec23 tion 170(c) of the Internal Revenue Code of 1986)

24 made by a lobbyist, a lobbying firm, or a foreign

25 agent on the basis of a designation, recommenda-
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•HR 119 IH

1 tion, or other specification of a covered legislative

2 branch official (not including a mass mailing or

3 other solicitation directed to a broad category of per4 sons or entities).

5 (4) A contribution or other payment by a lobby6 ist, a lobbying firm, or a foreign agent to a legal ex7 pense fund established for the benefit of a covered

8 legislative branch official or a covered executive

9 branch official.

10 (5) A charitable contribution (as defined in sec11 tion 170(c) of the Internal Revenue Code of 1986)

12 made by a lobbyist, a lobbying firm, or a foreign

13 agent in lieu of an honorarium to a covered legisla14 tive branch official.

15 (6) A financial contribution or expenditure

16 made by a lobbyist, a lobbying firm, or a foreign

17 agent relating to a conference, retreat, or similar

18 event, sponsored by or affiliated with an official con19 gressional organization, for or on behalf of covered

20 legislative branch officials.

21 (c) NOT GIFTS.—The following are not gifts subject

22 to the prohibition in subsection (a):

23 (1) Anything for which the recipient pays the

24 market value, or does not use and promptly returns

25 to the donor.
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1 (2) A contribution, as defined in the Federal

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

3 seq.) that is lawfully made under that Act, or at4 tendance at a fundraising event sponsored by a po5 litical organization described in section 527(e) of the

6 Internal Revenue Code of 1986.

7 (3) Food or refreshments of nominal value of8 fered other than as part of a meal.

9 (4) Benefits resulting from the business, em10 ployment, or other outside activities of the spouse of

11 a covered legislative branch official, if such benefits

12 are customarily provided to others in similar cir13 cumstances.

14 (5) Pension and other benefits resulting from

15 continued participation in an employee welfare and

16 benefits plan maintained by a former employer.

17 (6) Informational materials that are sent to the

18 office of a covered legislative branch official in the

19 form of books, articles, periodicals, other written

20 materials, audio tapes, videotapes, or other forms of

21 communication.

22 (d) GIFTS GIVEN FOR A NONBUSINESS PURPOSE

23 AND MOTIVATED BY FAMILY RELATIONSHIP OR CLOSE

24 PERSONAL FRIENDSHIP.—
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1 (1) IN GENERAL.—A gift given by an individual

2 under circumstances which make it clear that the

3 gift is given for a nonbusiness purpose and is moti4 vated by a family relationship or close personal

5 friendship and not by the position of the covered leg6 islative branch official shall not be subject to the

7 prohibition in subsection (a).

8 (2) NONBUSINESS PURPOSE.—A gift shall not

9 be considered to be given for a nonbusiness purpose

10 if the individual giving the gift seeks—

11 (A) to deduct the value of such gift as a

12 business expense on the individual’s Federal in13 come tax return, or

14 (B) direct or indirect reimbursement or

15 any other compensation for the value of the gift

16 from a client or employer of such lobbyist or

17 foreign agent.

18 (3) FAMILY RELATIONSHIP OR CLOSE PER19 SONAL FRIENDSHIP.—In determining if the giving of

20 a gift is motivated by a family relationship or close

21 personal friendship, at least the following factors

22 shall be considered:

23 (A) The history of the relationship between

24 the individual giving the gift and the recipient
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•HR 119 IH

1 of the gift, including whether or not gifts have

2 previously been exchanged by such individuals.

3 (B) Whether the gift was purchased by the

4 individual who gave the item.

5 (C) Whether the individual who gave the

6 gift also at the same time gave the same or

7 similar gifts to other covered legislative branch

8 officials.

9 SEC. 107. OFFICE OF LOBBYING REGISTRATION AND PUB10 LIC DISCLOSURE.

11 (a) ESTABLISHMENT AND DIRECTOR.—

12 (1) ESTABLISHMENT.—There is established an

13 executive agency to be known as the Office of Lob14 bying Registration and Public Disclosure.

15 (2) DIRECTOR.—(A) The Office shall be headed

16 by a Director, who shall be appointed by the Presi17 dent, by and with the advice and consent of the

18 Senate.

19 (B) The Director shall be an individual who, by

20 demonstrated ability, background, training, and ex21 perience, is qualified to carry out the functions of

22 the position. The term of service of the Director

23 shall be 5 years. The Director may be removed for

24 cause.
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1 (C) Section 5316 of title 5, United States Code,

2 is amended by adding at the end the following: ‘‘Di3 rector of the Office of Lobbying Registration and

4 Public Disclosure’’.

5 (b) ADMINISTRATIVE POWERS.—The Director may—

6 (1) appoint officers and employees, including

7 attorneys, in accordance with chapter 51 and sub8 chapter III of chapter 53 of title 5, United States

9 Code, define their duties and responsibilities, and di10 rect and supervise their activities;

11 (2) contract for financial and administrative

12 services (including those related to budget and ac13 counting, financial reporting, personnel, and pro14 curement) with the General Services Administration,

15 or such Federal agency as the Director determines

16 appropriate, for which payment shall be made in ad17 vance or by reimbursement from funds of the Office

18 in such amounts as may be agreed upon by the Di19 rector and the head of the agency providing such

20 services, but the contract authority under this para21 graph shall be effective for any fiscal year only to

22 the extent that appropriations are available for that

23 purpose;

24 (3) request the head of any Federal department

25 or agency (who is hereby so authorized) to detail to
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•HR 119 IH

1 temporary duties with the Office such personnel

2 within the agency head’s administrative jurisdiction

3 as the Office may need for carrying out its functions

4 under this title, with or without reimbursement;

5 (4) request agency heads to provide information

6 needed by the Office, which information shall be

7 supplied to the extent permitted by law;

8 (5) utilize, with their consent, the services and

9 facilities of Federal agencies with or without reim10 bursement;

11 (6) accept, use, and dispose of gifts or dona12 tions of services or property, real, personal, or

13 mixed, tangible or intangible, for purposes of aiding

14 or facilitating the work of the Office; and

15 (7) use the United States mails in the same

16 manner and under the same conditions as other de17 partments and agencies of the United States.

18 (c) COOPERATION WITH OTHER GOVERNMENTAL

19 AGENCIES.—In order to avoid unnecessary expense and

20 duplication of function among Government agencies, the

21 Office may make such arrangements or agreements for co22 operation or mutual assistance in the performance of its

23 functions under this title as is practicable and consistent

24 with law. The head of the General Services Administration

25 and each department, agency, or establishment of the
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•HR 119 IH

1 United States shall cooperate with the Office and, to the

2 extent permitted by law, provide such information, serv3 ices, personnel, and facilities as the Office may request

4 for its assistance in the performance of its functions under

5 this title.

6 (d) DUTIES.—The Director shall—

7 (1) after notice and a reasonable opportunity

8 for public comment, and consultation with the Sec9 retary of the Senate, the Clerk of the House of Rep10 resentatives, and the Administrative Conference of

11 the United States, prescribe such regulations, pen12 alty guidelines, and forms as are necessary to carry

13 out this title;

14 (2) provide guidance and assistance on the reg15 istration and reporting requirements of this title,

16 including—

17 (A) providing information to all registrants

18 at the time of registration about the obligations

19 of registered lobbyists under this title, and

20 (B) issuing published decisions and advi21 sory opinions;

22 (3) review the registrations and reports filed

23 under this title and make such verifications or in24 quiries as are necessary to ensure the completeness,
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•HR 119 IH

1 accuracy, and timeliness of the registrations and

2 reports;

3 (4) develop filing, coding, and cross-indexing

4 systems to carry out the purposes of this title,

5 including—

6 (A) a publicly available list of all registered

7 lobbyists and their clients; and

8 (B) computerized systems designed to min9 imize the burden of filing and maximize public

10 access to materials filed under this title;

11 (5) ensure that the computer systems developed

12 pursuant to paragraph (4)—

13 (A) allow the materials filed under this

14 title to be accessed by the client name, lobbyist

15 name, and registrant name;

16 (B) are compatible with computer systems

17 developed and maintained by the Federal Elec18 tion Commission, and that information filed in

19 the two systems can be readily cross-referenced;

20 and

21 (C) are compatible with computer systems

22 developed and maintained by the Secretary of

23 the Senate and the Clerk of the House of

24 Representatives;
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•HR 119 IH

1 (6) make copies of each registration and report

2 filed under this title available to the public, upon the

3 payment of reasonable fees, not to exceed the cost

4 of such copies, as determined by the Director, in

5 written and electronic formats, as soon as prac6 ticable after the date on which such registration or

7 report is received;

8 (7) preserve the originals or accurate reproduc9 tion of—

10 (A) registrations filed under this title for a

11 period that ends not less than 3 years after the

12 termination of the registration under section

13 104(d); and

14 (B) reports filed under this title for a pe15 riod that ends not less than 3 years after the

16 date on which the report is received;

17 (8) maintain a computer record of—

18 (A) the information contained in registra19 tions for a period that ends not less than 5

20 years after the termination of the registration

21 under section 104(d); and

22 (B) the information contained in reports

23 filed under this title for a period that ends not

24 less than 5 years after the date on which the

25 reports are received;
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•HR 119 IH

1 (9) compile and summarize, with respect to

2 each semiannual period, the information contained

3 in registrations and reports filed with respect to

4 such period in a manner which clearly presents the

5 extent and nature of expenditures on lobbying activi6 ties during such period;

7 (10) make information compiled and summa8 rized under paragraph (9) available to the public in

9 electronic and hard copy formats as soon as prac10 ticable after the close of each semiannual filing

11 period;

12 (11) provide, by computer telecommunication or

13 other transmittal in a form accessible by computer,

14 to the Secretary of the Senate and the Clerk of the

15 House of Representatives copies of all registrations

16 and reports received under sections 104 and 105

17 and all compilations, cross-indexes, and summaries

18 of such registrations and reports, as soon as prac19 ticable (but not later than 3 working days) after

20 such material is received or created;

21 (12) make available to the public a list of all

22 persons whom the Director determines, under sec23 tion 109 (after exhaustion of all appeals under sec24 tion 111) to have committed a major or minor viola25 tion of this title and submit such list to the Con-
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•HR 119 IH

1 gress as part of the report provided for under para2 graph (13);

3 (13) make available to the public upon request

4 and transmit to the President, the Secretary of the

5 Senate, the Clerk of the House of Representatives,

6 the Committee on Governmental Affairs of the Sen7 ate, and the Committee on the Judiciary of the

8 House of Representatives a report, not later than

9 March 31 of each year, describing the activities of

10 the Office and the implementation of this title,

11 including—

12 (A) a financial statement for the preceding

13 fiscal year;

14 (B) a summary of the registrations and re15 ports filed with the Office with respect to the

16 preceding calendar year;

17 (C) a summary of the registrations and re18 ports filed on behalf of foreign entities with re19 spect to the preceding calendar year; and

20 (D) recommendations for such legislative

21 or other action as the Director considers appro22 priate; and

23 (14) study the appropriateness of the definition

24 of ‘‘public official’’ under section 103(17) and make
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1 recommendations for any change in such definition

2 in the first report filed pursuant to paragraph (13).

3 SEC. 108. INITIAL PROCEDURE FOR ALLEGED VIOLATIONS.

4 (a) ALLEGATION OF A VIOLATION.—Whenever the

5 Office of Lobbying Registration and Public Disclosure has

6 reason to believe that a person or entity may be in viola7 tion of the requirements of this title, the Director shall

8 notify the person or entity in writing of the nature of the

9 alleged violation and provide an opportunity for the person

10 or entity to respond in writing to the allegation within 30

11 days after the notification is sent or such longer period

12 as the Director may determine appropriate in the

13 circumstances.

14 (b) INITIAL DETERMINATION.—

15 (1) IN GENERAL.—If the person or entity re16 sponds within the period described in the notification

17 under subsection (a), the Director shall—

18 (A) issue a written determination that the

19 person or entity has not violated this title if the

20 person or entity provides adequate information

21 or explanation to make such determination; or

22 (B) make a formal request for information

23 under subsection (c) or a notification under sec24 tion 109(a), if the information or explanation
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1 provided is not adequate to make a determina2 tion under subparagraph (A).

3 (2) WRITTEN DECISION.—If the Director makes

4 a determination under paragraph (1)(A), the Direc5 tor shall issue a public written decision in accord6 ance with section 110.

7 (c) FORMAL REQUEST FOR INFORMATION.—If a per8 son or entity fails to respond in writing within the period

9 described in the notification under subsection (a) or the

10 response is not adequate to determine whether such per11 son or entity has violated this title, the Director may make

12 a formal request for specific additional written informa13 tion (subject to applicable privileges) that is reasonably

14 necessary for the Director to make such determination.

15 Each such request shall be structured to minimize any

16 burden imposed, consistent with the need to determine

17 whether the person or entity is in compliance with this

18 title, and shall—

19 (1) state the nature of the conduct constituting

20 the alleged violation which is the basis for the in21 quiry and the provision of law applicable thereto;

22 (2) describe the class or classes of material to

23 be produced pursuant to the request with such defi24 niteness and certainty as to permit such material to

25 be readily identified; and
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1 (3) prescribe a return date or dates which pro2 vide a reasonable period of time within which the

3 person or entity may assemble and make available

4 for inspection and copying or reproduction the mate5 rial so requested.

6 SEC. 109. DETERMINATIONS OF VIOLATIONS.

7 (a) NOTIFICATION AND HEARING.—If the informa8 tion provided to the Director under section 108 indicates

9 that a person or entity may have violated this title, the

10 Director shall—

11 (1) notify the person or entity in writing of this

12 finding and, if appropriate, a proposed penalty as13 sessment and provide such person or entity with an

14 opportunity to respond in writing within 30 days

15 after the notice is sent; and

16 (2) if requested in writing by that person or en17 tity within that 30-day period, afford the person or

18 entity an opportunity for a hearing on the record

19 under the provisions of section 554 of title 5, United

20 States Code.

21 (b) DETERMINATION.—Upon the receipt of a written

22 response under subsection (a)(1) when no hearing under

23 subsection (a)(2) is requested, upon the completion of a

24 hearing requested under subsection (a)(2), or upon the ex25 piration of 30 days in a case in which no such written
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•HR 119 IH

1 response is received, the Director shall review the informa2 tion received under section 108 and this section (including

3 evidence presented at any such hearing) and make a final

4 determination whether there was a violation and a final

5 determination of the penalty, if any. If no written response

6 was received under this section within the 30-day period

7 provided, the determination and penalty assessment shall

8 constitute a final order not subject to appeal.

9 (c) WRITTEN DECISION.—

10 (1) DETERMINATION OF VIOLATION.—If the

11 Director makes a final determination under sub12 section (b) that there was a violation, the Director

13 shall issue a written decision in accordance with sec14 tion 110—

15 (A) directing the person or entity to cor16 rect the violation; and

17 (B) assessing a civil monetary penalty—

18 (i) in the case of a minor violation,

19 which shall be no more than $10,000, de20 pending on the extent and gravity of the

21 violation;

22 (ii) in the case of a major violation,

23 which shall be more than $10,000, but no

24 more than $200,000, depending on the ex25 tent and gravity of the violation;
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1 (iii) in the case of a late registration

2 or filing, which shall be $200 for each

3 week by which the registration or filing

4 was late, unless the Director determines

5 that the failure to timely register or file

6 constitutes a major violation (as defined

7 under subsection (e)(2)) in which case the

8 amount shall be as prescribed by clause

9 (ii); or

10 (iv) in the case of a failure to provide

11 information requested by the Director pur12 suant to section 108(c), which shall be no

13 more than $10,000, depending on the ex14 tent and gravity of the violation, except

15 that no penalty shall be assessed if the Di16 rector determines that the violation was

17 the result of a good faith dispute over the

18 validity or appropriate scope of a request

19 for information.

20 (2) DETERMINATION OF NO VIOLATION OR IN21 SUFFICIENT EVIDENCE.—If the Director determines

22 that no violation occurred or there was not sufficient

23 evidence that a violation occurred, the Director shall

24 issue a written decision in accordance with section

25 110.
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1 (d) CIVIL INJUNCTIVE RELIEF.—If a person or en2 tity fails to comply with a directive to correct a violation

3 under subsection (c), the Director shall refer the case to

4 the Attorney General to seek civil injunctive relief in the

5 appropriate court of the United States to compel such per6 son or entity to comply with such directive.

7 (e) PENALTY ASSESSMENTS.—

8 (1) GENERAL RULE.—No penalty shall be as9 sessed under this section unless the Director finds

10 that the person or entity subject to the penalty knew

11 or should have known that such person or entity was

12 in violation of this title. In determining the amount

13 of a penalty to be assessed, the Director shall take

14 into account the totality of the circumstances, in15 cluding the extent and gravity of the violation,

16 whether the violation was voluntarily admitted and

17 corrected, the extent to which the person or entity

18 may have profited from the violation, the ability of

19 the person or entity to pay, and such other matters

20 as justice may require.

21 (2) REGULATIONS.—Regulations prescribed by

22 the Director under section 107 shall define major

23 and minor violations. Major violations shall be de24 fined to include a failure to register and any other

25 violation that is extensive or repeated, if the person
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1 or entity who failed to register or committed such

2 other violation—

3 (A) had actual knowledge that the conduct

4 constituted a violation;

5 (B) acted in deliberate ignorance of the

6 provisions of this title or regulations related to

7 the conduct constituting a violation; or

8 (C) acted in reckless disregard of the pro9 visions of this title or regulations related to the

10 conduct constituting a violation.

11 (f) LIMITATION.—No proceeding shall be initiated

12 under section 108 or this section unless the Director noti13 fies the person or entity who is to be the subject of the

14 proceeding of the alleged violation within 3 years after the

15 date on which the alleged violation occurred.

16 SEC. 110. DISCLOSURE OF INFORMATION; WRITTEN DECI17 SIONS.

18 (a) DISCLOSURE OF INFORMATION.—Information

19 provided to the Director pursuant to sections 108 and 109

20 shall not be made available to the public without the con21 sent of the person or entity providing the information, ex22 cept to the extent that such information may be included

23 in—

24 (1) a new or amended report or registration

25 filed under this title; or
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1 (2) a written decision issued by the Director

2 under this section.

3 (b) WRITTEN DECISIONS.—All written decisions is4 sued by the Director under sections 108 and 109 shall

5 be made available to the public. The Director may provide

6 for the publication of a written decision if the Director

7 determines that publication would provide useful guidance.

8 Before making a written decision public, the Director—

9 (1) shall delete information that would identify

10 a person or entity who was alleged to have violated

11 this title if—

12 (A) there was insufficient evidence to de13 termine that the person or entity violated this

14 title or the Director found that person or entity

15 did not violate this title, and

16 (B) the person or entity so requests; and

17 (2) shall delete information that would identify

18 any other person or entity (other than a person or

19 entity who was found to have violated this title), if

20 the Director determines that such person or entity

21 could reasonably be expected to be injured by the

22 disclosure of such information.

23 SEC. 111. JUDICIAL REVIEW.

24 (a) FINAL DECISION.—A written decision issued by

25 the Director under section 109 shall become final 60 days
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1 after the date on which the Director provides notice of

2 the decision, unless such decision is appealed under sub3 section (b) of this section.

4 (b) APPEAL.—Any person or entity adversely affected

5 by a written decision issued by the Director under section

6 109 may appeal such decision, except as provided under

7 section 109(b), to the appropriate United States court of

8 appeals. Such review may be obtained by filing a written

9 notice of appeal in such court no later than 60 days after

10 the date on which the Director provides notice of the Di11 rector’s decision and by simultaneously sending a copy of

12 such notice of appeal to the Director. The Director shall

13 file in such court the record upon which the decision was

14 issued, as provided under section 2112 of title 28, United

15 States Code. The findings of fact of the Director shall be

16 conclusive, unless found to be unsupported by substantial

17 evidence, as provided under section 706(2)(E) of title 5,

18 United States Code. Any penalty assessed or other action

19 taken in the decision shall be stayed during the pendency

20 of the appeal.

21 (c) RECOVERY OF PENALTY.—Any penalty assessed

22 in a written decision which has become final under this

23 title may be recovered in a civil action brought by the At24 torney General in an appropriate United States district

25 court. In any such action, no matter that was raised or
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1 that could have been raised before the Director or pursu2 ant to judicial review under subsection (b) may be raised

3 as a defense, and the determination of liability and the

4 determination of amounts of penalties and assessments

5 shall not be subject to review.

6 SEC. 112. RULES OF CONSTRUCTION.

7 (a) CONSTITUTIONAL RIGHTS.—Nothing in this title

8 shall be construed to prohibit or interfere with—

9 (1) the right to petition the government for the

10 redress of grievances;

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

12 (3) the right of association,

13 protected by the First Amendment to the Constitution.

14 (b) PROHIBITION OF ACTIVITIES.—Nothing in this

15 title shall be construed to prohibit, or to authorize the Di16 rector or any court to prohibit, lobbying activities or lobby17 ing contacts by any person or entity, regardless of whether

18 such person or entity is in compliance with the require19 ments of this title.

20 (c) AUDIT AND INVESTIGATIONS.—Nothing in this

21 title shall be construed to grant general audit or investiga22 tive authority to the Director.
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1 SEC. 113. AMENDMENTS TO THE FOREIGN AGENTS REG2 ISTRATION ACT.

3 The Foreign Agents Registration Act of 1938 (22

4 U.S.C. 611 et seq.) is amended—

5 (1) in section 1—

6 (A) by striking subsection (j);

7 (B) in subsection (o) by striking ‘‘the dis8 semination of political propaganda and any

9 other activity which the person engaging therein

10 believes will, or which he intends to, prevail

11 upon, indoctrinate, convert, induce, persuade,

12 or in any other way influence’’ and inserting

13 ‘‘any activity that the person engaging in be14 lieves will, or that the person intends to, in any

15 way influence’’;

16 (C) in subsection (p) by striking the semi17 colon and inserting a period; and

18 (D) by striking subsection (q);

19 (2) in section 3(g) (22 U.S.C. 613(g)), by strik20 ing ‘‘established agency proceedings, whether formal

21 or informal.’’ and inserting ‘‘judicial proceedings,

22 criminal or civil law enforcement inquiries, investiga23 tions, or proceedings, or agency proceedings required

24 by statute or regulation to be conducted on the

25 record.’’;
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1 (3) in section 3 (22 U.S.C. 613) by adding at

2 the end the following:

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

4 1(b)(2) or an entity described in section 1(b)(3) if the

5 agent is required to register and does register under the

6 Lobbying Disclosure Act of 1995 in connection with the

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

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

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

10 inserting ‘‘informational materials’’; and

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

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

13 forth full information as to the places, times,

14 and extent of such transmittal’’;

15 (5) in section 4(b) (22 U.S.C. 614(b))—

16 (A) in the matter preceding clause (i), by

17 striking ‘‘political propaganda’’ and inserting

18 ‘‘informational materials’’; and

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

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

21 subsection and inserting ‘‘without placing in

22 such informational materials a conspicuous

23 statement that the materials are distributed by

24 the agent on behalf of the foreign principal, and

25 that additional information is on file with the
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1 Department of Justice, Washington, District of

2 Columbia. The Attorney General may by rule

3 define what constitutes a conspicuous statement

4 for the purposes of this subsection.’’;

5 (6) in section 4(c) (22 U.S.C. 614(c)), by strik6 ing ‘‘political propaganda’’ and inserting ‘‘informa7 tional materials’’;

8 (7) in section 6 (22 U.S.C. 616)—

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

10 statements concerning the distribution of politi11 cal propaganda’’;

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

13 one copy of every item of political propaganda’’;

14 and

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

16 political propaganda,’’;

17 (8) in section 8 (22 U.S.C. 618)—

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

19 any statement under section 4(a) hereof con20 cerning the distribution of political propa21 ganda’’; and

22 (B) by striking subsection (d); and

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

24 ‘‘, including the nature, sources, and content of po25 litical propaganda disseminated or distributed’’.
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1 SEC. 114. AMENDMENTS TO THE BYRD AMENDMENT.

2 (a) REVISED CERTIFICATION REQUIREMENTS.—Sec3 tion 1352(b) of title 31, United States Code, is amended—

4 (1) in paragraph (2) by striking subparagraphs

5 (A), (B), and (C) and inserting the following:

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

7 Lobbying Disclosure Act of 1995 who has made

8 lobbying contacts on behalf of the person with

9 respect to that Federal contract, grant, loan, or

10 cooperative agreement; and

11 ‘‘(B) a certification that the person making

12 the declaration has not made, and will not

13 make, any payment prohibited by subsection

14 (a).’’;

15 (2) in paragraph (3) by striking all that follows

16 ‘‘loan shall contain’’ and inserting ‘‘the name of any

17 registrant under the Lobbying Disclosure Act of

18 1995 who has made lobbying contacts on behalf of

19 the person in connection with that loan insurance or

20 guarantee.’’; and

21 (3) by striking paragraph (6) and redesignating

22 paragraph (7) as paragraph (6).

23 (b) REMOVAL OF OBSOLETE REPORTING REQUIRE24 MENT.—Section 1352 of title 31, United States Code, is

25 further amended—

26 (1) by striking subsection (d); and
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•HR 119 IH

1 (2) by redesignating subsections (e), (f), (g),

2 and (h) as subsections (d), (e), (f), and (g), respec3 tively.

4 SEC. 115. REPEAL OF CERTAIN LOBBYING PROVISIONS.

5 (a) REPEAL OF THE FEDERAL REGULATION OF LOB6 BYING ACT.—The Federal Regulation of Lobbying Act (2

7 U.S.C. 261 et seq.) is repealed.

8 (b) REPEAL OF PROVISIONS RELATING TO HOUSING

9 LOBBYIST ACTIVITIES.—

10 (1) Section 13 of the Department of Housing

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

12 repealed.

13 (2) Section 536(d) of the Housing Act of 1949

14 (42 U.S.C. 1490p(d)) is repealed.

15 SEC. 116. CONFORMING AMENDMENTS TO OTHER STAT16 UTES.

17 (a) AMENDMENT TO COMPETITIVENESS POLICY

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

19 Policy Council Act (15 U.S.C. 4804(e)) is amended by in20 serting ‘‘or a lobbyist for a foreign entity (as the terms

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

22 103 of the Lobbying Disclosure Act of 1995)’’ after ‘‘an

23 agent for a foreign principal’’.

24 (b) AMENDMENTS TO TITLE 18, UNITED STATES

25 CODE.—Section 219(a) of title 18, United States Code,
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•HR 119 IH

1 is amended (1) by inserting ‘‘or a lobbyist required to reg2 ister under the Lobbying Disclosure Act of 1995 in con3 nection with the representation of a foreign entity, as de4 fined in section 103(7) of that Act’’ after ‘‘an agent of

5 a foreign principal required to register under the Foreign

6 Agents Registration Act of 1938’’, and (2) by striking out

7 ‘‘, as amended,’’.

8 (c) AMENDMENT TO FOREIGN SERVICE ACT OF

9 1980.—Section 602(c) of the Foreign Service Act of 1980

10 (22 U.S.C. 4002(c)) is amended by inserting ‘‘or a lobby11 ist for a foreign entity (as defined in section 103(7) of

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

13 of a foreign principal (as defined by section 1(b) of the

14 Foreign Agents Registration Act of 1938)’’.

15 SEC. 117. SEVERABILITY.

16 If any provision of this title, or the application there17 of, is held invalid, the validity of the remainder of this

18 title and the application of such provision to other persons

19 and circumstances shall not be affected thereby.

20 SEC. 118. AUTHORIZATION OF APPROPRIATIONS.

21 There are authorized to be appropriated for fiscal

22 years 1995, 1996, 1997, 1998, and 1999 such sums as

23 may be necessary to carry out this title.
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1 SEC. 119. IDENTIFICATION OF CLIENTS AND COVERED

2 OFFICIALS.

3 (a) ORAL LOBBYING CONTACTS.—Any person or en4 tity that makes an oral lobbying contact with a covered

5 legislative branch official or a covered executive branch of6 ficial shall, on the request of the official at the time of

7 the lobbying contact—

8 (1) state whether the person or entity is reg9 istered under this title and identify the client on

10 whose behalf the lobbying contact is made; and

11 (2) state whether such client is a foreign entity

12 and identify any foreign entity required to be dis13 closed under section 104(b)(4) that has a direct in14 terest in the outcome of the lobbying activity.

15 (b) WRITTEN LOBBYING CONTACTS.—Any person or

16 entity registered under this title that makes a written lob17 bying contact (including an electronic communication)

18 with a covered legislative branch official or a covered exec19 utive branch official shall—

20 (1) if the client on whose behalf the lobbying

21 contact was made is a foreign entity, identify such

22 client, state that the client is considered a foreign

23 entity under this title, and state whether the person

24 making the lobbying contact is registered on behalf

25 of that client under section 104; and
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•HR 119 IH

1 (2) identify any other foreign entity identified

2 pursuant to section 104(b)(4) that has a direct in3 terest in the outcome of the lobbying activity.

4 (c) IDENTIFICATION AS COVERED OFFICIAL.—Upon

5 request by a person or entity making a lobbying contact,

6 the individual who is contacted or the office employing

7 that individual shall indicate whether or not the individual

8 is a covered legislative branch official or a covered execu9 tive branch official.

10 SEC. 120. TRANSITIONAL FILING REQUIREMENT.

11 (a) SIMULTANEOUS FILING.—Subject to subsection

12 (b), each registrant shall transmit simultaneously to the

13 Secretary of the Senate and the Clerk of the House of

14 Representatives an identical copy of each registration and

15 report required to be filed under this title.

16 (b) SUNSET PROVISION.—The simultaneous filing re17 quirement under subsection (a) shall be effective until

18 such time as the Director, in consultation with the Sec19 retary of the Senate and the Clerk of the House of Rep20 resentatives, determines that the Office of Lobbying Reg21 istration and Public Disclosure is able to provide computer

22 telecommunication or other transmittal of registrations

23 and reports as required under section 107(b)(11).

24 (c) IMPLEMENTATION.—The Director, the Secretary

25 of the Senate, and the Clerk of the House of Representa-
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1 tives shall take such actions as necessary to ensure that

2 the Office of Lobbying Registration and Public Disclosure

3 is able to provide computer telecommunication or other

4 transmittal of registrations and reports as required under

5 section 107(b)(11) on the effective date of this title, or

6 as soon thereafter as reasonably practicable.

7 SEC. 121. EFFECTIVE DATES AND INTERIM RULES.

8 (a) IN GENERAL.—Except as otherwise provided in

9 this section, this title and the amendments made by this

10 title shall take effect January 1, 1996.

11 (b) EFFECTIVE DATE OF GIFT PROHIBITION.—Sec12 tion 106 shall take effect on the date of the enactment

13 of this Act. Beginning on that date, and for the remainder

14 of calendar year, such section shall apply to any gift pro15 vided by a lobbyist or an agent of a foreign principal reg16 istered under the Federal Regulation of Lobbying Act or

17 the Foreign Agents Registration Act, including any person

18 registered under such Acts as of July 1, 1994, or there19 after.

20 (c) ESTABLISHMENT OF OFFICE.—Sections 107 and

21 118 shall take effect on the date of enactment of this Act.

22 (d) REPEALS AND AMENDMENTS.—The repeals and

23 amendments made under sections 113, 114, 115, and 116

24 shall take effect as provided under subsection (a), except

25 that such repeals and amendments—
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1 (1) shall not affect any proceeding or suit com2 menced before the effective date under subsection

3 (a), and in all such proceedings or suits, proceedings

4 shall be had, appeals taken, and judgments rendered

5 in the same manner and with the same effect as if

6 this title had not been enacted; and

7 (2) shall not affect the requirements of Federal

8 agencies to compile, publish, and retain information

9 filed or received before the effective date of such re10 peals and amendments.

11 (e) REGULATIONS.—Proposed regulations required to

12 implement this title shall be published for public comment

13 no later than 270 days after the date of the enactment

14 of this Act. No later than 1 year after the date of the

15 enactment of this Act, final regulations required to imple16 ment this title shall be published.

17 (f) PHASE-IN PERIOD.—No penalty shall be assessed

18 by the Director under section 109(e) for a violation of this

19 title, other than for a violation of section 106, which oc20 curs during the first semiannual reporting period under

21 section 105 after the effective date prescribed by sub22 section (a).

23 (g) INTERIM RULES.—

24 (1) REPORTING RULE.—A person or entity that

25 is required to account for lobbying expenditures and
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•HR 119 IH

1 does account for lobbying expenditures pursuant to

2 section 162(e) of the Internal Revenue Code of 1986

3 may make a good faith estimate (by category of dol4 lar value) of the amount that would not be deduct5 ible pursuant to that section for the applicable semi6 annual period to meet the requirements of sections

7 104(a)(3), 105(a)(2), and 105(b)(4), if the person or

8 entity—

9 (A) makes such an estimate to meet the

10 requirements of each such section of this title

11 for a given calendar year; and

12 (B) informs the Director that the person

13 or entity is making such an estimate in any

14 registration or report including such an esti15 mate.

16 (2) DE MINIMIS RULE.—In determining wheth17 er its employees are lobbyists under section

18 103(12)—

19 (A) a person or entity that is required to

20 report and does report lobbying expenditures

21 pursuant to section 6033(b)(8) of the Internal

22 Revenue Code of 1986, and makes an estimate

23 of expenses pursuant to section 105(c)(4) of

24 this title to meet the requirements of sections

25 104(a)(3), 105(a)(2), 105(b)(4), and 105(b)(6)
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1 of this title, shall, in lieu of using the definition

2 of ‘‘lobbying activities’’ in section 103(9) of this

3 title, consider as lobbying activities—

4 (i) activities that are influencing legis5 lation as defined in section 4911(d) of the

6 Internal Revenue Code of 1986;

7 (ii) activities described in section

8 4911(d)(2)(C) of the Internal Revenue

9 Code of 1986; and

10 (iii) lobbying activities (as defined in

11 section 103(9)) that are in support of a

12 lobbying contact with a covered executive

13 branch official; and

14 (B) a person or entity that is required to

15 account for lobbying expenditures and does ac16 count for lobbying expenditures pursuant to

17 section 162(e) of the Internal Revenue Code of

18 1986, and makes an estimate of expenses pur19 suant to paragraph (1) of this subsection, shall,

20 in lieu of using the definition of ‘‘lobbying ac21 tivities’’ in section 103(9), consider as lobbying

22 activities—

23 (i) activities that are influencing legis24 lation within the meaning of section
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1 162(e)(1)(A) of the Internal Revenue Code

2 of 1986;

3 (ii) activities that are attempts to in4 fluence the general public, as described in

5 section 162(e)(1)(C) of the Internal Reve6 nue Code of 1986; and

7 (iii) lobbying activities (as defined in

8 section 103(9)) that are in support of a

9 lobbying contact with a covered executive

10 branch official.

11 (3) STUDY.—Not later than March 31, 1997,

12 the Comptroller General of the United States shall

13 review reporting by registrants under paragraph (1)

14 of this section and section 105(c)(4) and report to

15 the Congress—

16 (A) the differences between the definition

17 of ‘‘lobbying activities’’ in section 103(9) and

18 the definitions of ‘‘lobbying expenditures’’, ‘‘in19 fluencing legislation’’, and related terms in sec20 tions 162(e) and 4911 of the Internal Revenue

21 Code of 1986, as each are implemented by reg22 ulations;

23 (B) the impact that any such differences

24 may have on filing and reporting under this

25 title pursuant to this subsection; and
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1 (C) any changes to this title or to the ap2 propriate sections of the Internal Revenue Code

3 of 1986 that the Comptroller General may rec4 ommend to harmonize the definitions.

5 (4) SUNSET PERIOD.—This subsection shall

6 cease to be effective on December 31, 1998.

7 (h) INTERIM DIRECTOR.—Within 30 days after the

8 date of the enactment of this Act, the President shall des9 ignate an interim Director of the Office of Lobbying Reg10 istration and Public Disclosure, who shall serve at the

11 pleasure of the President until a Director of such Office

12 has been nominated by the President and confirmed by

13 the Senate. The interim Director may not promulgate

14 final regulations pursuant to section 107(d) or initiate

15 procedures for alleged violations pursuant to sections 108

16 and 109.

17 TITLE II—CONGRESSIONAL GIFT

18 RULES

19 SEC. 201. AMENDMENTS TO SENATE RULES.

20 Rule XXXV of the Standing Rules of the Senate is

21 amended to read as follows:

22 ‘‘1. No Member, officer, or employee of the Senate

23 shall accept a gift, knowing that such gift is provided by

24 a registered lobbyist, a lobbying firm, or an agent of a
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1 foreign principal in violation of the Lobbying Disclosure

2 Act of 1995.

3 ‘‘2. (a) In addition to the restriction on receiving gifts

4 from registered lobbyists, lobbying firms, and agents of

5 foreign principals provided by paragraph 1 and except as

6 provided in this Rule, no Member, officer, or employee of

7 the Senate shall knowingly accept a gift from any other

8 person.

9 ‘‘(b)(1) For the purpose of this Rule, the term ‘gift’

10 means any gratuity, favor, discount, entertainment, hospi11 tality, loan, forbearance, or other item having monetary

12 value. The term includes gifts of services, training, trans13 portation, lodging, and meals, whether provided in kind,

14 by purchase of a ticket, payment in advance, or reimburse15 ment after the expense has been incurred.

16 ‘‘(2) A gift to the spouse or dependent of a Member,

17 officer, or employee (or a gift to any other individual based

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

19 or employee) shall be considered a gift to the Member,

20 officer, or employee if it is given with the knowledge and

21 acquiescence of the Member, officer, or employee and the

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

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

24 officer, or employee.
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1 ‘‘(c) The restrictions in subparagraph (a) shall not

2 apply to the following:

3 ‘‘(1) Anything for which the Member, officer, or

4 employee pays the market value, or does not use and

5 promptly returns to the donor.

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

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

8 seq.) that is lawfully made under that Act, or at9 tendance at a fundraising event sponsored by a po10 litical organization described in section 527(e) of the

11 Internal Revenue Code of 1986.

12 ‘‘(3) Anything provided by an individual on the

13 basis of a personal or family relationship unless the

14 Member, officer, or employee has reason to believe

15 that, under the circumstances, the gift was provided

16 because of the official position of the Member, offi17 cer, or employee and not because of the personal or

18 family relationship. The Select Committee on Ethics

19 shall provide guidance on the applicability of this

20 clause and examples of circumstances under which a

21 gift may be accepted under this exception.

22 ‘‘(4) A contribution or other payment to a legal

23 expense fund established for the benefit of a Mem24 ber, officer, or employee, that is otherwise lawfully

25 made, if the person making the contribution or pay-
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1 ment is identified for the Select Committee on

2 Ethics.

3 ‘‘(5) Any food or refreshments which the recipi4 ent reasonably believes to have a value of less than

5 $20.

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

7 employee of the Senate or the House of Representa8 tives.

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

10 benefits—

11 ‘‘(A) resulting from the outside business or

12 employment activities (or other outside activi13 ties that are not connected to the duties of the

14 Member, officer, or employee as an officeholder)

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

16 spouse of the Member, officer, or employee, if

17 such benefits have not been offered or enhanced

18 because of the official position of the Member,

19 officer, or employee and are customarily pro20 vided to others in similar circumstances;

21 ‘‘(B) customarily provided by a prospective

22 employer in connection with bona fide employ23 ment discussions; or

24 ‘‘(C) provided by a political organization

25 described in section 527(e) of the Internal Rev-
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1 enue Code of 1986 in connection with a fund2 raising or campaign event sponsored by such an

3 organization.

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

5 continued participation in an employee welfare and

6 benefits plan maintained by a former employer.

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

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

9 form of books, articles, periodicals, other written

10 materials, audio tapes, videotapes, or other forms of

11 communication.

12 ‘‘(10) Awards or prizes which are given to com13 petitors in contests or events open to the public, in14 cluding random drawings.

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

16 food, refreshments, and entertainment) and other

17 bona fide, nonmonetary awards presented in recogni18 tion of public service (and associated food, refresh19 ments, and entertainment provided in the presen20 tation of such degrees and awards).

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

22 that the Member represents that are intended pri23 marily for promotional purposes, such as display or

24 free distribution, and are of minimal value to any in25 dividual recipient.
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1 ‘‘(13) Food, refreshments, and entertainment

2 provided to a Member or an employee of a Member

3 in the Member’s home State, subject to reasonable

4 limitations, to be established by the Committee on

5 Rules and Administration.

6 ‘‘(14) An item of little intrinsic value such as

7 a greeting card, baseball cap, or a T shirt.

8 ‘‘(15) 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 Senate.

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

15 ‘‘(17) 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 ‘‘(18) Anything which is paid for by the Federal

20 Government, by a State or local government, or se21 cured by the Government under a Government

22 contract.

23 ‘‘(19) A gift of personal hospitality of an indi24 vidual, as defined in section 109(14) of the Ethics

25 in Government Act.
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1 ‘‘(20) Free attendance at a widely attended

2 event permitted pursuant to subparagraph (d).

3 ‘‘(21) Opportunities and benefits which are—

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

5 consisting of all Federal employees, whether or

6 not restricted on the basis of geographic consid7 eration;

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

9 class in which membership is unrelated to con10 gressional employment;

11 ‘‘(C) offered to members of an organiza12 tion, such as an employees’ association or con13 gressional credit union, in which membership is

14 related to congressional employment and similar

15 opportunities are available to large segments of

16 the public through organizations of similar size;

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

18 not defined in a manner that specifically dis19 criminates among Government employees on the

20 basis of branch of Government or type of re21 sponsibility, or on a basis that favors those of

22 higher rank or rate of pay;

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

24 other financial institutions on terms generally

25 available to the public; or
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1 ‘‘(F) in the form of reduced membership or

2 other fees for participation in organization ac3 tivities offered to all Government employees by

4 professional organizations if the only restric5 tions on membership relate to professional

6 qualifications.

7 ‘‘(22) A plaque, trophy, or other memento of

8 modest value.

9 ‘‘(23) Anything for which, in an unusual case,

10 a waiver is granted by the Select Committee on

11 Ethics.

12 ‘‘(d)(1) Except as prohibited by paragraph 1, a Mem13 ber, officer, or employee may accept an offer of free at14 tendance at a widely attended convention, conference,

15 symposium, forum, panel discussion, dinner, viewing, re16 ception, or similar event, provided by the sponsor of the

17 event, if—

18 ‘‘(A) the Member, officer, or employee partici19 pates in the event as a speaker or a panel partici20 pant, by presenting information related to Congress

21 or matters before Congress, or by performing a cere22 monial function appropriate to the Member’s, offi23 cer’s, or employee’s official position; or
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1 ‘‘(B) attendance at the event is appropriate to

2 the performance of the official duties or representa3 tive function of the Member, officer, or employee.

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

5 event described in clause (1) may accept a sponsor’s unso6 licited offer of free attendance at the event for an accom7 panying individual if others in attendance will generally

8 be similarly accompanied or if such attendance is appro9 priate to assist in the representation of the Senate.

10 ‘‘(3) Except as prohibited by paragraph 1, a Member,

11 officer, or employee, or the spouse or dependent thereof,

12 may accept a sponsor’s unsolicited offer of free attendance

13 at a charity event, except that reimbursement for trans14 portation and lodging may not be accepted in connection

15 with the event.

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

17 attendance’ may include waiver of all or part of a con18 ference or other fee, the provision of local transportation,

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

20 instructional materials furnished to all attendees as an in21 tegral part of the event. The term does not include enter22 tainment collateral to the event, or food or refreshments

23 taken other than in a group setting with all or substan24 tially all other attendees.
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1 ‘‘(e) No Member, officer, or employee may accept a

2 gift the value of which exceeds $250 on the basis of the

3 personal relationship exception in subparagraph (c)(3) or

4 the close personal friendship exception in section 106(d)

5 of the Lobbying Disclosure Act of 1995 unless the Select

6 Committee on Ethics issues a written determination that

7 one of such exceptions applies.

8 ‘‘(f)(1) The Committee on Rules and Administration

9 is authorized to adjust the dollar amount referred to in

10 subparagraph (c)(5) on a periodic basis, to the extent nec11 essary to adjust for inflation.

12 ‘‘(2) The Select Committee on Ethics shall provide

13 guidance setting forth reasonable steps that may be taken

14 by Members, officers, and employees, with a minimum of

15 paperwork and time, to prevent the acceptance of prohib16 ited gifts from lobbyists.

17 ‘‘(3) When it is not practicable to return a tangible

18 item because it is perishable, the item may, at the discre19 tion of the recipient, be given to an appropriate charity

20 or destroyed.

21 ‘‘3. (a)(1) Except as prohibited by paragraph 1, a re22 imbursement (including payment in kind) to a Member,

23 officer, or employee for necessary transportation, lodging

24 and related expenses for travel to a meeting, speaking en25 gagement, factfinding trip or similar event in connection
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1 with the duties of the Member, officer, or employee as an

2 officeholder shall be deemed to be a reimbursement to the

3 Senate and not a gift prohibited by this rule, if the Mem4 ber, officer, or employee—

5 ‘‘(A) in the case of an employee, receives ad6 vance authorization, from the Member or officer

7 under whose direct supervision the employee works,

8 to accept reimbursement, and

9 ‘‘(B) discloses the expenses reimbursed or to be

10 reimbursed and the authorization to the Secretary of

11 the Senate within 30 days after the travel is

12 completed.

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

14 of which are substantially recreational in nature, shall not

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

16 Member, officer, or employee as an officeholder.

17 ‘‘(b) Each advance authorization to accept reimburse18 ment shall be signed by the Member or officer under whose

19 direct supervision the employee works and shall include—

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
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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 ‘‘(c) Each disclosure made under subparagraph

6 (a)(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 are

20 necessary transportation, lodging, and related ex21 penses 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-
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1 ance that the Member or officer is using public of2 fice for private gain.

3 ‘‘(d) 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 traveltime within the United States or 7

9 days exclusive of traveltime outside of the United

10 States unless approved in advance by the Select

11 Committee on Ethics;

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, or entertainment other than that

20 provided to all attendees as an integral part of the

21 event; and

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

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

24 officer, or employee, subject to a determination

25 signed by the Member or officer (or in the case of
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1 an employee, the Member or officer under whose di2 rect supervision the employee works) that the at3 tendance of the spouse or child is appropriate to as4 sist in the representation of the Senate.

5 ‘‘(e) The Secretary of the Senate shall make available

6 to the public all advance authorizations and disclosures

7 of reimbursement filed pursuant to subparagraph (a) as

8 soon as possible after they are received.’’.

9 SEC. 202. AMENDMENTS TO HOUSE RULES.

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

11 of Representatives is amended to read as follows:

12 ‘‘4. (a) No Member, officer, or employee of the House

13 of Representatives shall accept a gift, knowing that such

14 gift is provided directly or indirectly by a registered lobby15 ist, a lobbying firm, or an agent of a foreign principal in

16 violation of the Lobbying Disclosure Act of 1995.

17 ‘‘(b) In addition to the restriction on receiving gifts

18 from registered lobbyists, lobbying firms, and agents of

19 foreign principals provided by paragraph (a) and except

20 as provided in this Rule, no Member, officer, or employee

21 of the House of Representatives shall knowingly accept a

22 gift from any other person.

23 ‘‘(c)(1) For the purpose of this clause, the term ‘gift’

24 means any gratuity, favor, discount, entertainment, hospi25 tality, loan, forbearance, or other item having monetary
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1 value. The term includes gifts of services, training, trans2 portation, lodging, and meals, whether provided in kind,

3 by purchase of a ticket, payment in advance, or reimburse4 ment after the expense has been incurred.

5 ‘‘(2) A gift to the spouse or dependent of a Member,

6 officer, or employee (or a gift to any other individual based

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

8 or employee) shall be considered a gift to the Member,

9 officer, or employee if it is given with the knowledge and

10 acquiescence of the Member, officer, or employee and the

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

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

13 officer, or employee.

14 ‘‘(d) The restrictions in paragraph (b) shall not apply

15 to the following:

16 ‘‘(1) Anything for which the Member, officer, or

17 employee pays the market value, or does not use and

18 promptly returns to the donor.

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

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

21 seq.) that is lawfully made under that Act, or at22 tendance at a fundraising event sponsored by a po23 litical organization described in section 527(e) of the

24 Internal Revenue Code of 1986.
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1 ‘‘(3) Anything provided by an individual on the

2 basis of a personal or family relationship unless the

3 Member, officer, or employee has reason to believe

4 that, under the circumstances, the gift was provided

5 because of the official position of the Member, offi6 cer, or employee and not because of the personal or

7 family relationship. The Committee on Standards of

8 Official Conduct shall provide guidance on the appli9 cability of this clause and examples of circumstances

10 under which a gift may be accepted under this

11 exception.

12 ‘‘(4) A contribution or other payment to a legal

13 expense fund established for the benefit of a Mem14 ber, officer, or employee, that is otherwise lawfully

15 made, if the person making the contribution or pay16 ment is identified for the Committee on Standards

17 of Official Conduct.

18 ‘‘(5) Any food or refreshments which the recipi19 ent reasonably believes to have a value of less than

20 $20.

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

22 employee of the Senate or the House of Representa23 tives.

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

25 benefits—
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1 ‘‘(A) resulting from the outside business or

2 employment activities (or other outside activi3 ties that are not connected to the duties of the

4 Member, officer, or employee as an officeholder)

5 of the Member, officer, or employee, or the

6 spouse of the Member, officer, or employee, if

7 such benefits have not been offered or enhanced

8 because of the official position of the Member,

9 officer, or employee and are customarily pro10 vided to others in similar circumstances;

11 ‘‘(B) customarily provided by a prospective

12 employer in connection with bona fide employ13 ment discussions; or

14 ‘‘(C) provided by a political organization

15 described in section 527(e) of the Internal Rev16 enue Code of 1986 in connection with a fund17 raising or campaign event sponsored by such an

18 organization.

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

20 continued participation in an employee welfare and

21 benefits plan maintained by a former employer.

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

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

24 form of books, articles, periodicals, other written
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1 materials, audio tapes, videotapes, or other forms of

2 communication.

3 ‘‘(10) Awards or prizes which are given to com4 petitors in contests or events open to the public, in5 cluding random drawings.

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

7 food, refreshments, and entertainment) and other

8 bona fide, nonmonetary awards presented in recogni9 tion of public service (and associated food, refresh10 ments, and entertainment provided in the presen11 tation of such degrees and awards).

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

13 that the Member represents that are intended pri14 marily for promotional purposes, such as display or

15 free distribution, and are of minimal value to any in16 dividual recipient.

17 ‘‘(13) Food, refreshments, and entertainment

18 provided to a Member or an employee of a Member

19 in the Member’s home State, subject to reasonable

20 limitations, to be established by the Committee on

21 Standards of Official Conduct.

22 ‘‘(14) An item of little intrinsic value such as

23 a greeting card, baseball cap, or a T shirt.

24 ‘‘(15) Training (including food and refresh25 ments furnished to all attendees as an integral part
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1 of the training) provided to a Member, officer, or

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

3 House of Representatives.

4 ‘‘(16) Bequests, inheritances, and other trans5 fers at death.

6 ‘‘(17) Any item, the receipt of which is author7 ized by the Foreign Gifts and Decorations Act, the

8 Mutual Educational and Cultural Exchange Act, or

9 any other statute.

10 ‘‘(18) Anything which is paid for by the Federal

11 Government, by a State or local government, or se12 cured by the Government under a Government con13 tract.

14 ‘‘(19) A gift of personal hospitality of an indi15 vidual, as defined in section 109(14) of the Ethics

16 in Government Act.

17 ‘‘(20) Free attendance at a widely attended

18 event permitted pursuant to paragraph (e).

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

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

21 consisting of all Federal employees, whether or

22 not restricted on the basis of geographic consid23 eration;
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1 ‘‘(B) offered to members of a group or

2 class in which membership is unrelated to con3 gressional employment;

4 ‘‘(C) offered to members of an organiza5 tion, such as an employees’ association or con6 gressional credit union, in which membership is

7 related to congressional employment and similar

8 opportunities are available to large segments of

9 the public through organizations of similar size;

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

11 not defined in a manner that specifically dis12 criminates among Government employees on the

13 basis of branch of Government or type of re14 sponsibility, or on a basis that favors those of

15 higher rank or rate of pay;

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

17 other financial institutions on terms generally

18 available to the public; or

19 ‘‘(F) in the form of reduced membership or

20 other fees for participation in organization ac21 tivities offered to all Government employees by

22 professional organizations if the only restric23 tions on membership relate to professional

24 qualifications.
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1 ‘‘(22) A plaque, trophy, or other memento of

2 modest value.

3 ‘‘(23) Anything for which, in exceptional cir4 cumstances, a waiver is granted by the Committee

5 on Standards of Official Conduct.

6 ‘‘(e)(1) Except as prohibited by paragraph (a), a

7 Member, officer, or employee may accept an offer of free

8 attendance at a widely attended convention, conference,

9 symposium, forum, panel discussion, dinner, viewing, re10 ception, or similar event, provided by the sponsor of the

11 event, if—

12 ‘‘(A) the Member, officer, or employee partici13 pates in the event as a speaker or a panel partici14 pant, by presenting information related to Congress

15 or matters before Congress, or by performing a cere16 monial function appropriate to the Member’s, offi17 cer’s, or employee’s official position; or

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

19 the performance of the official duties or representa20 tive function of the Member, officer, or employee.

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

22 event described in subparagraph (1) may accept a spon23 sor’s unsolicited offer of free attendance at the event for

24 an accompanying individual if others in attendance will

25 generally be similarly accompanied or if such attendance
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1 is appropriate to assist in the representation of the House

2 of Representatives.

3 ‘‘(3) Except as prohibited by paragraph (a), a Mem4 ber, officer, or employee, or the spouse or dependent there5 of, may accept a sponsor’s unsolicited offer of free attend6 ance at a charity event, except that reimbursement for

7 transportation and lodging may not be accepted in connec8 tion with the event.

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

10 attendance’ may include waiver of all or part of a con11 ference or other fee, the provision of local transportation,

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

13 instructional materials furnished to all attendees as an in14 tegral part of the event. The term does not include enter15 tainment collateral to the event, or food or refreshments

16 taken other than in a group setting with all or substan17 tially all other attendees.

18 ‘‘(f) No Member, officer, or employee may accept a

19 gift the value of which exceeds $250 on the basis of the

20 personal relationship exception in paragraph (d)(3) or the

21 close personal friendship exception in section 106(d) of the

22 Lobbying Disclosure Act of 1995 unless the Committee

23 on Standards of Official Conduct issues a written deter24 mination that one of such exceptions applies.
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1 ‘‘(g)(1) The Committee on Standards of Official Con2 duct is authorized to adjust the dollar amount referred

3 to in paragraph (c)(5) on a periodic basis, to the extent

4 necessary to adjust for inflation.

5 ‘‘(2) The Committee on Standards of Official Con6 duct shall provide guidance setting forth reasonable steps

7 that may be taken by Members, officers, and employees,

8 with a minimum of paperwork and time, to prevent the

9 acceptance of prohibited gifts from lobbyists.

10 ‘‘(3) When it is not practicable to return a tangible

11 item because it is perishable, the item may, at the discre12 tion of the recipient, be given to an appropriate charity

13 or destroyed.

14 ‘‘(h)(1)(A) Except as prohibited by paragraph (a), a

15 reimbursement (including payment in kind) to a Member,

16 officer, or employee for necessary transportation, lodging

17 and related expenses for travel to a meeting, speaking en18 gagement, factfinding trip or similar event in connection

19 with the duties of the Member, officer, or employee as an

20 officeholder shall be deemed to be a reimbursement to the

21 House of Representatives and not a gift prohibited by this

22 paragraph, if the Member, officer, or employee—

23 ‘‘(i) in the case of an employee, receives ad24 vance authorization, from the Member or officer
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1 under whose direct supervision the employee works,

2 to accept reimbursement, and

3 ‘‘(ii) discloses the expenses reimbursed or to be

4 reimbursed and the authorization to the Clerk of the

5 House of Representatives within 30 days after the

6 travel is completed.

7 ‘‘(B) For purposes of clause (A), events, the activities

8 of which are substantially recreational in nature, shall not

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

10 Member, officer, or employee as an officeholder.

11 ‘‘(2) Each advance authorization to accept reimburse12 ment shall be signed by the Member or officer under whose

13 direct supervision the employee works and shall include—

14 ‘‘(A) the name of the employee;

15 ‘‘(B) the name of the person who will make the

16 reimbursement;

17 ‘‘(C) the time, place, and purpose of the travel;

18 and

19 ‘‘(D) a determination that the travel is in con20 nection with the duties of the employee as an office21 holder and would not create the appearance that the

22 employee is using public office for private gain.

23 ‘‘(3) Each disclosure made under subparagraph

24 (1)(A) of expenses reimbursed or to be reimbursed shall

25 be signed by the Member or officer (in the case of travel
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1 by that Member or officer) or by the Member or officer

2 under whose direct supervision the employee works (in the

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

4 ‘‘(A) a good faith estimate of total transpor5 tation expenses reimbursed or to be reimbursed;

6 ‘‘(B) a good faith estimate of total lodging ex7 penses reimbursed or to be reimbursed;

8 ‘‘(C) a good faith estimate of total meal ex9 penses reimbursed or to be reimbursed;

10 ‘‘(D) a good faith estimate of the total of other

11 expenses reimbursed or to be reimbursed;

12 ‘‘(E) a determination that all such expenses are

13 necessary transportation, lodging, and related ex14 penses as defined in this paragraph; and

15 ‘‘(F) in the case of a reimbursement to a Mem16 ber or officer, a determination that the travel was in

17 connection with the duties of the Member or officer

18 as an officeholder and would not create the appear19 ance that the Member or officer is using public of20 fice for private gain.

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

22 ‘necessary transportation, lodging, and related ex23 penses’—

24 ‘‘(A) includes reasonable expenses that are

25 necessary for travel—
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1 ‘‘(i) for a period not exceeding 4 days

2 including travel time within the United

3 States or 7 days in addition to travel time

4 outside the United States; and

5 ‘‘(ii) within 24 hours before or after

6 participation in an event in the United

7 States or within 48 hours before or after

8 participation in an event outside the

9 United States,

10 unless approved in advance by the Committee

11 on Standards of Official Conduct;

12 ‘‘(B) 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 (A);

18 ‘‘(C) does not include expenditures for rec19 reational activities or entertainment other than that

20 provided to all attendees as an integral part of the

21 event; and

22 ‘‘(D) may include travel expenses incurred on

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

24 officer, or employee, subject to a determination

25 signed by the Member or officer (or in the case of
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1 an employee, the Member or officer under whose di2 rect supervision the officer or employee works) that

3 the attendance of the spouse or child is appropriate

4 to assist in the representation of the House of

5 Representatives.

6 ‘‘(5) The Clerk of the House of Representatives shall

7 make available to the public all advance authorizations

8 and disclosures of reimbursement filed pursuant to sub9 paragraph (1) as soon as possible after they are received.’’.

10 SEC. 203. MISCELLANEOUS PROVISIONS.

11 (a) AMENDMENTS TO THE ETHICS IN GOVERNMENT

12 ACT.—Section 102(a)(2)(B) of the Ethics in Government

13 Act (5 U.S.C. 102, App. 6) is amended by adding at the

14 end thereof the following: ‘‘Reimbursements accepted by

15 a Federal agency pursuant to section 1353 of title 31,

16 United States Code, or deemed accepted by the Senate or

17 the House of Representatives pursuant to Rule XXXV of

18 the Standing Rules of the Senate or clause 4 of Rule

19 XLIII of the Rules of the House of Representatives shall

20 be reported as required by such statute or rule and need

21 not be reported under this section.’’.

22 (b) REPEAL OF OBSOLETE PROVISION.—Section 901

23 of the Ethics Reform Act of 1989 (2 U.S.C. 31–2) is

24 repealed.

25 (c) SENATE PROVISIONS.—
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1 (1) AUTHORITY OF THE COMMITTEE ON RULES

2 AND ADMINISTRATION.—The Senate Committee on

3 Rules and Administration, on behalf of the Senate,

4 may accept gifts provided they do not involve any

5 duty, burden, or condition, or are not made depend6 ent upon some future performance by the United

7 States. The Committee on Rules and Administration

8 is authorized to promulgate regulations to carry out

9 this section.

10 (2) FOOD, REFRESHMENTS, AND ENTERTAIN11 MENT.—The rules on acceptance of food, refresh12 ments, and entertainment provided to a Member of

13 the Senate or an employee of such a Member in the

14 Member’s home State before the adoption of reason15 able limitations by the Committee on Rules and Ad16 ministration shall be the rules in effect on the day

17 before the effective date of this title.

18 (d) HOUSE PROVISION.—The rules on acceptance of

19 food, refreshments, and entertainment provided to a Mem20 ber of the House of Representatives or an employee of

21 such a Member in the Member’s home State before the

22 adoption of reasonable limitations by the Committee on

23 Standards of Official Conduct shall be the rules in effect

24 on the day before the effective date of this title.
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1 SEC. 204. EXERCISE OF CONGRESSIONAL RULEMAKING

2 POWERS.

3 Sections 201, 202, 203(c), and 203(d) of this title

4 are enacted by Congress—

5 (1) as an exercise of the rulemaking power of

6 the Senate and the House of Representatives, re7 spectively, and pursuant to section 7353(b)(1) of

8 title 5, United States Code, and accordingly, they

9 shall be considered as part of the rules of each

10 House, respectively, or of the House to which they

11 specifically apply, and such rules shall supersede

12 other rules only to the extent that they are inconsist13 ent therewith; and

14 (2) with full recognition of the constitutional

15 right of either House to change such rules (insofar

16 as they relate to that House) at any time and in the

17 same manner and to the same extent as in the case

18 of any other rule of that House.

19 SEC. 205. EFFECTIVE DATE.

20 This title and the amendments made by this title

21 shall take effect on May 31, 1995.

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