I

103D CONGRESS

2D SESSION H. R. 5085

A bill to provide for the disclosure of lobbying activities to influence the

Federal Government, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 23, 1994

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

Committee on the Judiciary

A BILL

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 DISCLOSURE

4 SECTION 101. SHORT TITLE.

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

6 Act of 1994’’.

7 SEC. 102. FINDINGS.

8 The Congress finds that—

9 (1) responsible representative Government re10 quires public awareness of the efforts of paid lobby-
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1 ists to influence the public decision making process

2 in both the legislative and executive branches of the

3 Federal Government;

4 (2) existing lobbying disclosure statues have

5 been ineffective because of unclear statutory lan6 guage, weak administrative and enforcement provi7 sions, and an absence of clear guidance as to who

8 is required to register and what they are required to

9 disclose; and

10 (3) the effective public disclosure of the identity

11 and extent of the efforts of paid lobbyists to influ12 ence Federal officials in the conduct of Government

13 actions will increase public confidence in the integ14 rity of Government.

15 SEC. 103. DEFINITIONS.

16 As used in this title:

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

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

19 United States Code.

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

21 person or entity that employs or retains another per22 son for financial or other compensation to conduct

23 lobbying activities on behalf of that person or entity.

24 A person or entity whose employees act as lobbyists

25 on its own behalf is both a client and an employer
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1 of such employees. In the case of a coalition or asso2 ciation that employs or retains other persons to con3 duct lobbying activities, the client is—

4 (A) the coalition or association and not its

5 individual members when the lobbying activities

6 are conducted on behalf of its membership and

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

8 and assessments; or

9 (B) an individual member or members,

10 when the lobbying activities are conducted on

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

12 individual members and not by the coalition’s or

13 association’s dues and assessments.

14 (3) COVERED EXECUTIVE BRANCH OFFICIAL.—

15 The term ‘‘covered executive branch official’’

16 means—

17 (A) the President;

18 (B) the Vice President;

19 (C) any officer or employee, or any other

20 individual functioning in the capacity of such

21 an officer or employee, in the Executive Office

22 of the President;

23 (D) any officer or employee serving in a

24 position in level I, II, III, IV, or V of the Exec-
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1 utive Schedule, as designated by statute or ex2 ecutive order;

3 (E) any officer or employee serving in a

4 Senior Executive Service position, as defined in

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

6 Code;

7 (F) any member of the uniformed services

8 whose pay grade is at or above O–7 under sec9 tion 201 of title 37, United States Code; and

10 (G) any officer or employee serving in a

11 position of a confidential, policy-determining,

12 policy-making, or policy-advocating character

13 described in section 7511(b)(2) of title 5, Unit14 ed States Code.

15 (4) COVERED LEGISLATIVE BRANCH OFFI16 CIAL.—The term ‘‘covered legislative branch official’’

17 means—

18 (A) a Member of Congress;

19 (B) an elected officer of either House of

20 Congress;

21 (C) any employee of, or any other individ22 ual functioning in the capacity of an employee

23 of—

24 (i) a Member of Congress;
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1 (ii) a committee of either House of

2 Congress;

3 (iii) the leadership staff of the House

4 of Representatives or the leadership staff

5 of the Senate;

6 (iv) a joint committee of Congress;

7 and

8 (v) a working group or caucus orga9 nized to provide legislative services or

10 other assistance to Members of Congress;

11 and

12 (D) any other legislative branch employee

13 serving in a position described under section

14 109(13) of the Ethics in Government Act of

15 1978 (5 U.S.C. App.).

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

17 the Director of the Office of Lobbying Registration

18 and Public Disclosure.

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

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

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

22 not include—

23 (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 cli8 ent.

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) or 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 grass

8 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 grass roots 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) CONTACT 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 offi16 cial.

17 (2) DEFINITION.—For purposes of this sec18 tion—

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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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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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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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 Lobby14 ing 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.

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

25 is amended by adding at the end the following: ‘‘Di-
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1 rector of the Office of Lobbying Registration and

2 Public Disclosure’’.

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

4 (1) appoint officers and employees, including

5 attorneys, in accordance with chapter 51 and sub6 chapter III of chapter 53 of title 5, United States

7 Code, define their duties and responsibilities, and di8 rect and supervise their activities;

9 (2) contract for financial and administrative

10 services (including those related to budget and ac11 counting, financial reporting, personnel, and pro12 curement) with the General Services Administration,

13 or such Federal agency as the Director determines

14 appropriate, for which payment shall be made in ad15 vance or by reimbursement from funds of the Office

16 in such amounts as may be agreed upon by the Di17 rector and the head of the agency providing such

18 services, but the contract authority under this para19 graph shall be effective for any fiscal year only to

20 the extent that appropriations are available for that

21 purpose;

22 (3) request the head of any Federal department

23 or agency (who is hereby so authorized) to detail to

24 temporary duties with the Office such personnel

25 within the agency head’s administrative jurisdiction
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1 as the Office may need for carrying out its functions

2 under this title, with or without reimbursement;

3 (4) request agency heads to provide information

4 needed by the office, which information shall be sup5 plied to the extent permitted by law;

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

7 facilities of Federal agencies with or without reim8 bursement;

9 (6) accept, use, and dispose of gifts or dona10 tions of services or property, real, personal, or

11 mixed, tangible or intangible, for purposes of aiding

12 or facilitating the work of the Office; and

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

14 manner and under the same conditions as other de15 partments and agencies of the United States.

16 (c) COOPERATION WITH OTHER GOVERNMENTAL

17 AGENCIES.—In order to avoid unnecessary expense and

18 duplication of function among Government agencies, the

19 Office may make such arrangements or agreements for co20 operation or mutual assistance in the performance of its

21 functions under this title as is practicable and consistent

22 with law. The head of the General Services Administration

23 and each department, agency, or establishment of the

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

25 extent permitted by law, provide such information, serv-
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1 ices, personnel, and facilities as the Office may request

2 for its assistance in the performance of its functions under

3 this title.

4 (d) DUTIES.—The Director shall—

5 (1) after notice and a reasonable opportunity

6 for public comment, and consultation with the Sec7 retary of the Senate, the Clerk of the House of Rep8 resentatives, and the Administrative Conference of

9 the United States, prescribe such regulations, pen10 alty guidelines, and forms as are necessary to carry

11 out this title;

12 (2) provide guidance and assistance on the reg13 istration and reporting requirements of this title, in14 cluding—

15 (A) providing information to all registrants

16 at the time of registration about the obligations

17 of registered lobbyists under this title, and

18 (B) issuing published decisions and advi19 sory opinions;

20 (3) review the registrations and reports filed

21 under this title and make such verifications or in22 quiries as are necessary to ensure the completeness,

23 accuracy, and timeliness of the registrations and re24 ports;
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1 (4) develop filing, coding, and cross-indexing

2 systems to carry out the purposes of this title, in3 cluding—

4 (A) a publicly available list of all registered

5 lobbyists and their clients; and

6 (B) computerized systems designed to min7 imize the burden of filing and maximize public

8 access to materials filed under this title;

9 (5) ensure that the computer systems developed

10 pursuant to paragraph (4)—

11 (A) allow the materials filed under this

12 title to be accessed by the client name, lobbyist

13 name, and registrant name;

14 (B) are compatible with computer systems

15 developed and maintained by the Federal Elec16 tion Commission, and that information filed in

17 the two systems can be readily cross-referenced;

18 and

19 (C) are compatible with computer systems

20 developed and maintained by the Secretary of

21 the Senate and the Clerk of the House of Rep22 resentatives;

23 (6) make copies of each registration and report

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

25 payment of reasonable fees, not to exceed the cost
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1 of such copies, as determined by the Director, in

2 written and electronic formats, as soon as prac3 ticable after the date on which such registration or

4 report is received;

5 (7) preserve the originals or accurate reproduc6 tion of—

7 (A) registrations filed under this title for a

8 period that ends not less than 3 years after the

9 termination of the registration under section

10 104(d); and

11 (B) reports filed under this title for a pe12 riod that ends not less than 3 years after the

13 date on which the report is received;

14 (8) maintain a computer record of—

15 (A) the information contained in registra16 tions for a period that end not less than 5 years

17 after the termination of the registration under

18 section 104(d); and

19 (B) the information contained in reports

20 filed under this title for a period that ends not

21 less than 5 years after the date on which the

22 reports are received;

23 (9) compile and summarize, with respect to

24 each semiannual period, the information contained

25 in registrations and reports filed with respect to
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1 such period in a manner which clearly presents the

2 extent and nature of expenditures on lobbying activi3 ties during such period;

4 (10) make information compiled and summa5 rized under paragraph (9) available to the public in

6 electronic and hard copy formats as soon as prac7 ticable after the close of each semiannual filing

8 period;

9 (11) provide, by computer telecommunication or

10 other transmittal in a form accessible by computer,

11 to the Secretary of the Senate and the Clerk of the

12 House of Representatives copies of all registrations

13 and reports received under sections 104 and 105

14 and all compilations, cross-indexes, and summaries

15 of such registrations and reports, as soon as prac16 ticable (but not later than 3 working days) after

17 such material is received or created;

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

19 persons whom the Director determines, under sec20 tion 109 (after exhaustion of all appeals under sec21 tion 111) to have committed a major or minor viola22 tion of this title and submit such list to the Con23 gress as part of the report provided for under para24 graph (13);
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1 (13) make available to the public upon request

2 and transmit to the President, the Secretary of the

3 Senate, the Clerk of the House of Representatives,

4 the Committee on Governmental Affairs of the Sen5 ate, and the Committee on the Judiciary of the

6 House of Representatives a report, not later than

7 March 31 of each year, describing the activities of

8 the Office and the implementation of this title, in9 cluding—

10 (A) a financial statement for the preceding

11 fiscal year;

12 (B) a summary of the registrations and re13 ports filed with the Office with respect to the

14 preceding calendar year;

15 (C) a summary of the registrations and re16 ports filed on behalf of foreign entities with re17 spect to the preceding calendar year; and

18 (D) recommendations for such legislative

19 or other action as the Director considers appro20 priate; and

21 (14) study the appropriateness of the definition

22 of ‘‘public official’’ under section 103(17) and make

23 recommendations for any change in such definition

24 in the first report filed pursuant to paragraph (13).
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1 SEC. 108. INITIAL PROCEDURES FOR ALLEGED VIOLA2 TIONS.

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

4 Office of Lobbying Registration and Public Disclosure has

5 reason to believe that a person or entity may be in viola6 tion of the requirements of this title, the Director shall

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

8 alleged violation and provide an opportunity for the person

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

10 days after the notification is sent or such longer period

11 as the Director may determine appropriate in the cir12 cumstances.

13 (b) INITIAL DETERMINATION.—

14 (1) IN GENERAL.—If the person or entity re15 sponds within the period described in the notification

16 under subsection (a), the Director shall—

17 (A) issue a written determination that the

18 person or entity has not violated this title if the

19 person or entity provides adequate information

20 or explanation to make such determination; or

21 (B) make a formal request for information

22 under subsection (c) or a notification under sec23 tion 109(a), if the information or explanation

24 provided is not adequate to make a determina25 tion under subparagraph (A).
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1 (2) WRITTEN DECISION.—If the Director makes

2 a determination under paragraph (1)(A), the Direc3 tor shall issue a public written decision in accord4 ance with section 110.

5 (c) FORMAL REQUEST FOR INFORMATION.—If a per6 son or entity fails to respond in writing within the period

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

8 response is not adequate to determine whether such per9 son or entity has violated this title, the Director may make

10 a formal request for specific additional written informa11 tion (subject to applicable privileges) that is reasonably

12 necessary for the Director to make such determination.

13 Each such request shall be structured to minimize any

14 burden imposed, consistent with the need to determine

15 whether the person or entity is in compliance with this

16 title, and shall—

17 (1) state the nature of the conduct constituting

18 the alleged violation which is the basis for the in19 quiry and the provision of law applicable thereto;

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

21 be produced pursuant to the request with such defi22 niteness and certainty as to permit such material to

23 be readily identified; and

24 (3) prescribe a return date or dates which pro25 vide a reasonable period of time within which the
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1 person or entity may assemble and make available

2 for inspection and copying or reproduction the mate3 rial so requested.

4 SEC. 109. DETERMINATIONS OF VIOLATIONS.

5 (a) NOTIFICATION AND HEARING.—If the informa6 tion provided to the Director under section 108 indicates

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

8 Director shall—

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

10 finding and, if appropriate, a proposed penalty as11 sessment and provide such person or entity with an

12 opportunity to respond in writing within 30 days

13 after the notice is sent; and

14 (2) if requested in writing by that person or en15 tity within that 30-day period, afford the person or

16 entity an opportunity for a hearing on the record

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

18 States Code.

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

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

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

22 hearing requested under subsection (a)(2), or upon the ex23 piration of 30 days in a case in which no such written

24 response is received, the Director shall review the informa25 tion received under section 108 and this section (including
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1 evidence presented at any such hearing) and make a final

2 determination whether there was a violation and a final

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

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

5 provided, the determination and penalty assessment shall

6 constitute a final order not subject to appeal.

7 (c) WRITTEN DECISION.—

8 (1) DETERMINATION OF VIOLATION.—If the

9 Director makes a final determination under sub10 section (b) that there was a violation, the Director

11 shall issue a written decision in accordance with sec12 tion 110—

13 (A) directing the person or entity to cor14 rect the violation; and

15 (B) assessing a civil monetary penalty—

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

17 which shall be no more than $10,000, de18 pending on the extent and gravity of the

19 violation;

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

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

22 more than $200,000, depending on the ex23 tent and gravity of the violation;

24 (iii) in the case of a late registration

25 or filing, which shall be $200 for each
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1 week by which the registration or filing

2 was late, unless the Director determines

3 that the failure to timely register or file

4 constitutes a major violation (as defined

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

6 amount shall be as prescribed by clause

7 (ii); or

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

9 information requested by the Director pur10 suant to section 108(c), which shall be no

11 more than $10,000, depending on the ex12 tent and gravity of the violation, except

13 that no penalty shall be assessed if the Di14 rector determines that the violation was

15 the result of a good faith dispute over the

16 validity or appropriate scope of a request

17 for information.

18 (2) DETERMINATION OF NO VIOLATION OR IN19 SUFFICIENT EVIDENCE.—If the Director determines

20 that no violation occurred or there was not sufficient

21 evidence that a violation occurred, the Director shall

22 issue a written decision in accordance with section

23 110.

24 (d) CIVIL INJUNCTIVE RELIEF.—If a person or en25 tity fails to comply with a directive to correct a violation
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1 under subsection (c), the Director shall refer the case to

2 the Attorney General to seek civil injunctive relief in the

3 appropriate court of the United States to compel such per4 son or entity to comply with such directive.

5 (e) PENALTY ASSESSMENTS.—

6 (1) GENERAL RULE.—No penalty shall be as7 sessed under this section unless the Director finds

8 that the person or entity subject to the penalty knew

9 or should have known that such person or entity was

10 in violation of this title. In determining the amount

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

12 into account the totality of the circumstances, in13 cluding the extent and gravity of the violation,

14 whether the violation was voluntarily admitted and

15 corrected, the extent to which the person or entity

16 may have profited from the violation, the ability of

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

18 as justice may require.

19 (2) REGULATIONS.—Regulations prescribed by

20 the Director under section 107 shall define major

21 and minor violations. Major violations shall be de22 fined to include a failure to register and any other

23 violation that is extensive or repeated, if the person

24 or entity who failed to register or committed such

25 other violation—
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1 (A) had actual knowledge that the conduct

2 constituted a violation;

3 (B) acted in deliberate ignorance of the

4 provisions of this title or regulations related to

5 the conduct constituting a violation; or

6 (C) acted in reckless disregard of the pro7 visions of this title or regulations related to the

8 conduct constituting a violation.

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

10 under section 108 or this section unless the Director noti11 fies the person or entity who is to be the subject of the

12 proceeding of the alleged violation within 3 years after the

13 date on which the alleged violation occurred.

14 SEC. 110. DISCLOSURE OF INFORMATION; WRITTEN DECI15 SIONS.

16 (a) DISCLOSURE OF INFORMATION.—Information

17 provided to the Director pursuant to sections 108 and 109

18 shall not be made available to the public without the con19 sent of the person or entity providing the information, ex20 cept to the extent that such information may be included

21 in—

22 (1) a new or amended report or registration

23 filed under this title; or

24 (2) a written decision issued by the Director

25 under this section.
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1 (b) WRITTEN DECISIONS.—All written decisions is2 sued by the Director under sections 108 and 109 shall

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

4 for the publication of a written decision if the Director

5 determines that publication would provide useful guidance.

6 Before making a written decision public, the Director—

7 (1) shall delete information that would identify

8 a person or entity who was alleged to have violated

9 this title if—

10 (A) there was insufficient evidence to de11 termine that the person or entity violated this

12 title or the Director found that person or entity

13 did not violate this title; and

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

15 (2) shall delete information that would identify

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

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

18 the Director determines that such person or entity

19 could reasonably be expected to be injured by the

20 disclosure of such information.

21 SEC. 111. JUDICIAL REVIEW.

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

23 the Director under section 109 shall become final 60 days

24 after the date on which the Director provides notice of
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1 the decision, unless such decision is appealed under sub2 section (b) of this section.

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

4 by a written decision issued by the Director under section

5 109 may appeal such decision, except as provided under

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

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

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

9 the date on which the Director provides notice of the Di10 rector’s decision and by simultaneously sending a copy of

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

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

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

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

15 conclusive, unless found to be unsupported by substantial

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

17 United States Code. Any penalty assessed or other action

18 taken in the decision shall be stayed during the pendency

19 of the appeal.

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

21 in a written decision which has become final under this

22 title may be recovered in a civil action brought by the At23 torney General in an appropriate United States district

24 court. In any such action, no matter that was raised or

25 that could have been raised before the Director or pursu-
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1 ant to judicial review under subsection (b) may be raised

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

3 determination of amounts of penalties and assessments

4 shall not be subject to review.

5 SEC. 112. RULES OF CONSTRUCTION.

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

7 shall be construed to prohibit or interfere with—

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

9 redress of grievances;

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

11 (3) the right of association,

12 protected by the First Amendment to the Constitution.

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

14 title shall be construed to prohibit, or to authorize the Di15 rector or any court to prohibit, lobbying activities or lobby16 ing contacts by any person or entity, regardless of whether

17 such person or entity is in compliance with the require18 ments of this title.

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

20 title shall be construed to grant general audit or investiga21 tive authority to the Director.

22 SEC. 113. AMENDMENTS TO THE FOREIGN AGENTS REG23 ISTRATION ACT.

24 The Foreign Agents Registration Act of 1938 (22

25 U.S.C. 611 et seq.) is amended—
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1 (1) in section 1—

2 (A) by striking subsection (j);

3 (B) in subsection (o) by striking ‘‘the dis4 semination of political propaganda and any

5 other activity which the person engaging therein

6 believes will, or which he intends to, prevail

7 upon, indoctrinate, convert, induce, persuade,

8 or in any other way influence’’ and inserting

9 ‘‘any activity that the person engaging in be10 lieves will, or that the person intends to, in any

11 way influence’’;

12 (C) in subsection (p) by striking the semi13 colon and inserting a period; and

14 (D) by striking subsection (q);

15 (2) in section 3(g) (22 U.S.C. 613(g)), by strik16 ing ‘‘established agency proceedings, whether formal

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

18 criminal or civil law enforcement inquiries, investiga19 tions, or proceedings, or agency proceedings required

20 by statute or regulation to be conducted on the

21 record.’’;

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

23 the end the following:

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

25 1(b)(2) or an entity described in section 1(b)(3) if the
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1 agent is required to register and does register under the

2 Lobbying Disclosure Act of 1994 in connection with the

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

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

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

6 inserting ‘‘informational materials’’; and

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

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

9 forth full information as to the places, times,

10 and extent of such transmittal’’;

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

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

13 striking ‘‘political propaganda’’ and inserting

14 ‘‘informational materials’’; and

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

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

17 subsection and inserting ‘‘without placing in

18 such informational materials a conspicuous

19 statement that the materials are distributed by

20 the agent on behalf of the foreign principal, and

21 that additional information is on file with the

22 Department of Justice, Washington, District of

23 Columbia. The Attorney General may by rule

24 define what constitutes a conspicuous statement

25 for the purposes of this subsection.’’;
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1 (6) in section 4(c)(22 U.S.C. 614(c)), by strik2 ing ‘‘political propaganda’’ and inserting ‘‘informa3 tional materials’’;

4 (7) in section 6 (22 U.S.C. 616)—

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

6 statements concerning the distribution of politi7 cal propaganda’’;

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

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

10 and

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

12 political propaganda,’’;

13 (8) in section 8 (22 U.S.C. 618)—

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

15 any statement under section 4(a) hereof con16 cerning the distribution of political propa17 ganda’’; and

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

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

20 ‘‘, including the nature, sources, and content of po21 litical propaganda disseminated or distributed’’.

22 SEC. 114. AMENDMENTS TO THE BYRD AMENDMENT.

23 (a) REVISED CERTIFICATION REQUIREMENTS.—Sec24 tion 1352(b) of title 31, United States Code, is amended—
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1 (1) in paragraph (2) by striking subparagraphs

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

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

4 Lobbying Disclosure Act of 1994 who has made

5 lobbying contacts on behalf of the person with

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

7 cooperative agreement; and

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

9 the declaration has not made, and will not

10 make, any payment prohibited by subsection

11 (a).’’;

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

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

14 registrant under the Lobbying Disclosure Act of

15 1994 who has made lobbying contacts on behalf of

16 the person in connection with that loan insurance or

17 guarantee.’’; and

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

19 paragraph (7) as paragraph (6).

20 (b) REMOVAL OF OBSOLETE REPORTING REQUIRE21 MENT.—Section 1352 of title 31, United States Code, is

22 further amended—

23 (1) by striking subsection (d); and

24 (2) redesignating subsections (e), (f), (g), and

25 (h) as subsections (d), (e), (f), and (g), respectively.
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1 SEC. 115. REPEAL OF CERTAIN LOBBYING PROVISIONS.

2 (a) REPEAL OF THE FEDERAL REGULATION OF LOB3 BYING ACT.—The Federal Regulation of Lobbying Act (2

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

5 (b) REPEAL OF PROVISIONS RELATING TO HOUSING

6 LOBBYIST ACTIVITIES.—

7 (1) Section 13 of the Department of Housing

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

9 repealed.

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

11 (42 U.S.C. 1490p(d)) is repealed.

12 SEC. 116. CONFORMING AMENDMENTS TO OTHER STAT13 UTES.

14 (a) AMENDMENT TO COMPETITIVENESS POLICY

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

16 Policy Council Act (15 U.S.C. 4804(e)) is amended by in17 serting ‘‘or a lobbyist for a foreign entity (as the terms

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

19 103 of the Lobbying Disclosure Act of 1994)’’ after ‘‘an

20 agent for a foreign principal’’.

21 (b) AMENDMENTS TO TITLE 18, UNITED STATES

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

23 is amended (1) by inserting ‘‘or a lobbyist required to reg24 ister under the Lobbying Disclosure Act of 1994 in con25 nection with the representation of a foreign entity, as de26 fined in section 103(7) of that Act’’ after ‘‘an agent of
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1 a foreign principal required to register under the Foreign

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

3 ‘‘, as amended,’’.

4 (c) AMENDMENT TO FOREIGN SERVICE ACT OF

5 1980.—Section 602(c) of the Foreign Service Act of 1980

6 (22 U.S.C. 4002(c)) is amended by inserting ‘‘or a lobby7 ist for a foreign entity (as defined in section 103(7) of

8 the Lobbying Disclosure Act of 1994)’’ after ‘‘an agent

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

10 Foreign Agents Registration Act of 1938’’.

11 SEC. 117. SEVERABILITY.

12 If any provision of this title, or the application there13 of, is held invalid, the validity of the remainder of this

14 title and the application of such provision to other persons

15 and circumstances shall not be affected thereby.

16 SEC. 118. AUTHORIZATION OF APPROPRIATIONS.

17 There are authorized to be appropriated for fiscal

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

19 may be necessary to carry out this title.

20 SEC. 119. IDENTIFICATION OF CLIENTS AND COVERED

21 OFFICIALS.

22 (a) ORAL LOBBYING CONTACTS.—Any person or en23 tity that makes an oral lobbying contact with a covered

24 legislative branch official or a covered executive branch of-
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1 ficial shall, on the request of the official at the time of

2 the lobbying contact—

3 (1) state whether the person or entity is reg4 istered under this title and identify the client on

5 whose behalf the lobbying contact is made; and

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

7 and identify any foreign entity required to be dis8 closed under section 104(b)(4) that has a direct in9 terest in the outcome of the lobbying activity.

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

11 entity registered under this title that makes a written lob12 bying contact (including an electronic communication)

13 with a covered legislative branch official or a covered exec14 utive branch official shall—

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

16 contact was made is a foreign entity, identify such

17 client, state that the client is considered a foreign

18 entity under this title, and state whether the person

19 making the lobbying contact is registered on behalf

20 of that client under section 104; and

21 (2) identify any other foreign entity identified

22 pursuant to section 104(b)(4) that has a direct in23 terest in the outcome of the lobbying activity.

24 (c) IDENTIFICATION AS COVERED OFFICIAL.—Upon

25 request by a person or entity making a lobbying contact,
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1 the individual who is contacted or the office employing

2 that individual shall indicate whether or not the individual

3 is a covered legislative branch official or a covered execu4 tive branch official.

5 SEC. 120. TRANSITIONAL FILING REQUIREMENT.

6 (a) SIMULTANEOUS FILING.—Subject to subsection

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

8 Secretary of the Senate and the Clerk of the House of

9 Representatives an identical copy of each registration and

10 report required to be filed under this title.

11 (b) SUNSET PROVISION.—The simultaneous filing re12 quirement under subsection (a) shall be effective until

13 such time as the Director, in consultation with the Sec14 retary of the Senate and the Clerk of the House of Rep15 resentatives, determines that the Office of Lobbying Reg16 istration and Public Disclosure is able to provide computer

17 telecommunication or other transmittal or registrations

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

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

20 of the Senate, and the Clerk of the House of Representa21 tives shall take such actions as necessary to ensure that

22 the Office of Lobbying Registration and Public Disclosure

23 is able to provide computer telecommunication or other

24 transmittal of registrations and reports as required under
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1 section 107(b)(11) on the effective date of this title, or

2 as soon thereafter as reasonably practicable.

3 SEC. 121. EFFECTIVE DATES AND INTERIM RULES.

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

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

6 title shall take effect January 1, 1996.

7 (b) EFFECTIVE DATE OF GIFT PROHIBITION.—Sec8 tion 6 shall take effect on January 1, 1995. During cal9 endar year 1995, such section shall apply to any gift pro10 vided by a lobbyist or an agent of a foreign principal reg11 istered under the Federal Regulation of Lobbying Act or

12 the Foreign Agents Registration Act, including any person

13 registered under such Acts as of July 1, 1994, or there14 after.

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

16 108 shall take effect on the date of enactment of this Act.

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

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

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

20 that such repeals and amendments—

21 (1) shall not affect any proceeding or suit com22 menced before the effective date under subsection

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

24 shall be had, appeals taken, and judgments rendered
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1 in the same manner and with the same effect as if

2 this title had not been enacted; and

3 (2) shall not affect the requirements of Federal

4 agencies to compile, publish, and retain information

5 filed or received before the effective date of such re6 peals and amendments.

7 (e) REGULATIONS.—Proposed regulations required to

8 implement this title shall be published for public comment

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

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

11 enactment of this Act, final regulations required to imple12 ment this title shall be published.

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

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

15 title, other than for a violation of section 106, which oc16 curs during the first semiannual reporting period under

17 section 105 after the effective date prescribed by sub18 section (a).

19 (g) INTERIM RULES.—

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

21 is required to account for lobbying expenditures and

22 does account for lobbying expenditures pursuant to

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

24 may make a good faith estimate (by category of dol25 lar value) of the amount that would not be deduct-
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1 ible pursuant to that section for the applicable semi2 annual period to meet the requirements of sections

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

4 entity—

5 (A) makes such an estimate to meet the

6 requirements of each such section of this title

7 for a given calendar year; and

8 (B) informs the Director that the person

9 or entity is making such an estimate in any

10 registration or report including such an esti11 mate.

12 (2) DE MINIMUS RULE.—In determining wheth13 er its employees are lobbyists under section

14 103(12)—

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

16 report and does report lobbying expenditures

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

18 Revenue Code of 1986, and makes an estimate

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

20 this title to meet the requirements of sections

21 104(a)(3), 105(a)(2), 105(b)(4), and 105(b)(6)

22 of this title, shall, in lieu of using the definition

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

24 title, consider as lobbying activities—
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1 (i) activities that are influencing legis2 lation as defined in section 4911(d) of the

3 Internal Revenue Code of 1986;

4 (ii) activities described in section

5 4911(d)(2)(C) of the Internal Revenue

6 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; and

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

12 account for lobbying expenditures and does ac13 count for lobbying expenditures pursuant to

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

15 1986, and makes an estimate of expenses pur16 suant to paragraph (1) of this subsection, shall,

17 in lieu of using the definition of ‘‘lobbying ac18 tivities’’ in section 103(9), consider as lobbying

19 activities—

20 (i) activities that are influencing legis21 lation within the meaning of section

22 162(e)(1)(A) of the Internal Revenue Code

23 of 1986;

24 (ii) activities that are attempts to in25 fluence the general public, as described in
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1 section 162(e)(1)(C) of the Internal Reve2 nue Code of 1986; and

3 (iii) lobbying activities (as defined in

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

5 lobbying contact with a covered executive

6 branch official.

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

8 the Comptroller General of the United States shall

9 review reporting by registrants under paragraph (1)

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

11 the Congress—

12 (A) the differences between the definition

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

14 the definitions of ‘‘lobbying expenditures’’, ‘‘in15 fluencing legislation’’, and related terms in sec16 tions 162(e) and 4911 of the Internal Revenue

17 Code of 1986, as each are implemented by reg18 ulations;

19 (B) the impact that any such differences

20 may have on filing and reporting under this

21 title pursuant to this subsection; and

22 (C) any changes to this title or to the ap23 propriate sections of the Internal Revenue Code

24 of 1986 that the Comptroller General may rec25 ommend to harmonize the definitions.
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1 (4) SUNSET PERIOD.—This subsection shall

2 cease to be effective on December 31, 1998.

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

4 date of the enactment of this Act, the President shall des5 ignate an interim Director of the Office of Lobbying Reg6 istration and Public Disclosure, who shall serve at the

7 pleasure of the President until a Director of such Office

8 has been nominated by the President and confirmed by

9 the Senate. The interim Director may not promulgate

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

11 procedures for alleged violations pursuant to sections 108

12 and 109.

13 TITLE II—CONGRESSIONAL GIFT RULES

14 SEC. 201. AMENDMENTS TO SENATE RULES.

15 Rule XXXV of the Standing Rules of the Senate is

16 amended to read as follows:

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

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

19 a registered lobbyist, a lobbying firm, or an agent of a

20 foreign principal in violation of the Lobbying Disclosure

21 Act of 1994.

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

23 from registered lobbyists, lobbying firms, and agents of

24 foreign principals provided by paragraph 1 and except as

25 provided in this Rule, no Member, officer, or employee of
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1 the Senate shall knowingly accept a gift from any other

2 person.

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

4 means any gratuity, favor, discount, entertainment, hospi5 tality, loan, forbearance, or other item having monetary

6 value. The term includes gifts of services, training, trans7 portation, lodging, and meals, whether provided in kind,

8 by purchase of a ticket, payment in advance, or reimburse9 ment after the expense has been incurred.

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

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

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

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

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

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

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

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

18 officer, or employee.

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

20 apply to the following:

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

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

23 promptly returns to the donor.

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

25 Election Campaign Act of 1971 (2 U.S.C. 431 et
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1 seq.) that is lawfully made under that Act, or at2 tendance at a fundraising event sponsored by a po3 litical organization described in section 527(e) of the

4 Internal Revenue Code of 1986.

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

6 basis of a personal or family relationship unless the

7 Member, officer, or employee has reason to believe

8 that, under the circumstances, the gift was provided

9 because of the official position of the Member, offi10 cer, or employee and not because of the personal or

11 family relationship. The Select Committee on Ethics

12 shall provide guidance on the applicability of this

13 clause and examples of circumstances under which a

14 gift may be accepted under this exception.

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

16 expense fund established for the benefit of a Mem17 ber, officer, or employee that is otherwise lawfully

18 made.

19 ‘‘(5) Any food or refreshments which the recipi20 ent reasonably believes to have a value of less than

21 $20.

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

23 employee of the Senate or the House of Representa24 tives.
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1 ‘‘(7) Food, refreshments, lodging, and other

2 benefits—

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

4 employment activities (or other outside activi5 ties that re not connected to the duties of the

6 Member, officer, or employee as an officeholder)

7 of the Member, officer, or employee, or the

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

9 such benefits have not been offered or enhanced

10 because of the official position of the Member,

11 officer, or employee and are customarily pro12 vided to others in similar circumstances;

13 ‘‘(B) customarily provided by a prospective

14 employer in connection with bona fide employ15 ment discussions; or

16 ‘‘(C) provided by a political organization

17 described in section 527(e) of the Internal Rev18 enue Code of 1986 in connection with a fund19 raising or campaign event sponsored by such an

20 organization.

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

22 continued participation in an employee welfare and

23 benefits plan maintained by a former employer.

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

25 the office of the Member, officer, or employee in the
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1 form of books, articles, periodicals, other written

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

3 communication.

4 ‘‘(10) Awards or prizes which are given to com5 petitors in contests or events open to the public, in6 cluding random drawings.

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

8 food, refreshments, and entertainment) and other

9 bona fide, nonmonetary awards presented in recogni10 tion of public service (and associated food, refresh11 ments, and entertainment provided in the presen12 tation of such degrees and awards).

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

14 that the Member represents that are intended pri15 marily for promotional purposes, such as display or

16 free distribution, and are of minimal value to any in17 dividual recipient.

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

19 provided to a Member or an employee of a Member

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

21 limitations, to be established by the Committee on

22 Rules and Administration.

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

24 a greeting card, baseball cap, or a T shirt.
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1 ‘‘(15) Training (including food and refresh2 ments furnished to all attendees as an integral part

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

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

5 Senate.

6 ‘‘(16) Bequests, inheritances, and other trans7 fers at death.

8 ‘‘(17) Any item, the receipt of which is author9 ized by the Foreign Gifts and Decorations Act, the

10 Mutual Educational and Cultural Exchange Act, or

11 any other statute.

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

13 Government, by a State or local government, or se14 cured by the Government under a Government con15 tract.

16 ‘‘(19) A gift of personal hospitality of an indi17 vidual, as defined in section 109(14) of the Ethics

18 in Government Act.

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

20 event permitted pursuant to subparagraph (d).

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

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

23 consisting of all Federal employees, whether or

24 not restricted on the basis of geographic consid25 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 an unusual case,

4 a waiver is granted by the Select Committee on

5 Ethics.

6 ‘‘(d)(1) Except as prohibited by paragraph 1, a Mem7 ber, officer, or employee may accept an offer of free at8 tendance at a widely attended convention, conference,

9 symposium, form, panel discussion, dinner, viewing, recep10 tion, or similar event, provided by the sponsor of the event,

11 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 clause (1) may accept a sponsor’s unso23 licited offer of free attendance at the event for an accom24 panying individual if others in attendance will generally
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1 be similarly accompanied or if such attendance is appro2 priate to assist in the representation of the Senate.

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

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

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

6 at a charity event, except that reimbursement for trans7 portation and lodging may not be accepted in connection

8 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 ‘‘(e) 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 subparagraph (c)(3) or

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

22 of the Lobbying Disclosure Act of 1994 unless the Select

23 Committee on Ethics issues a written determination that

24 one of such exceptions applies.
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1 ‘‘(f)(1) The Committee on Rules and Administration

2 is authorized to adjust the dollar amount referred to in

3 subparagraph (c)(5) on a periodic basis, to the extent nec4 essary to adjust for inflation.

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

6 guidance setting forth reasonable steps that may be taken

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

8 paperwork and time, to prevent the acceptance of prohib9 ited gifts from lobbyists.

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

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

13 or destroyed.

14 ‘‘3. (a)(1) Except as prohibited by paragraph 1, a re15 imbursement (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 Senate and not a gift prohibited by this rule, if the Mem22 ber, officer, or employee—

23 ‘‘(A) 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 ‘‘(B) discloses the expenses reimbursed or to be

4 reimbursed and the authorization to the Secretary of

5 the Senate within 30 days after the travel is com6 pleted.

7 ‘‘(2) For purposes of clause (1), 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 ‘‘(b) 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 ‘‘(1) the name of the employee;

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

16 reimbursement;

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

18 and

19 ‘‘(4) 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 ‘‘(c) Each disclosure made under subparagraph

24 (a)(1) 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 ‘‘(1) a good faith estimate of total transpor5 tation expenses reimbursed or to be reimbursed;

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

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

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

11 expenses reimbursed or to be reimbursed;

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

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

15 ‘‘(6) 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 ‘‘(d) for the purposes of this paragraph, the term

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

24 ‘‘(1) includes reasonable expenses that are nec25 essary for travel for a period not exceeding 3 days
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1 exclusive of traveltime within the United States or 7

2 days exclusive of traveltime outside of the United

3 States unless approved in advance by the Select

4 Committee on Ethics;

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

6 transportation, lodging, conference fees and mate7 rials, land food and refreshments, including reim8 bursement for necessary transportation, whether or

9 not such transportation occurs within the periods de10 scribed in clause (1);

11 ‘‘(3) does not include expenditures for rec12 reational activities, or entertainment other than that

13 provided to all attendees as an integral part of the

14 event; and

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

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

17 officer, or employee, subject to a determination

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

19 an employee, the Member or officer under whose di20 rect supervision the employee works) that the at21 tendance of the spouse or child is appropriate to as22 sist in the representation of the Senate.

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

24 to the public all advance authorizations and disclosures
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1 of reimbursement filed pursuant to subparagraph (a) as

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

3 SEC. 202. AMENDMENTS TO HOUSE RULES.

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

5 of Representatives is amended to read as follows:

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

7 of Representatives shall accept a gift, knowing that such

8 gift is provided directly or indirectly by a registered lobby9 ist, a lobbying firm, or an agent of a foreign principal in

10 violation of the Lobbying Disclosure Act of 1994.

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

12 from registered lobbyists, lobbying firms, and agents of

13 foreign principals provided by paragraph (a) and except

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

15 of the House of Representatives shall knowingly accept a

16 gift from any other person.

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

18 means any gratuity, favor, discount, entertainment, hospi19 tality, loan, forbearance, or other item having monetary

20 value. The term includes gifts of services, training, trans21 portation, lodging, and meals, whether provided in kind,

22 by purchase of a ticket, payment in advance, or reimburse23 ment after the expense has been incurred.

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

25 officer, or employee (or a gift to any other individual based
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1 on that individual’s relationship with the Member, officer,

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

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

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

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

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

7 officer, or employee.

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

9 to the following:

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

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

12 promptly returns to the donor.

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

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

15 seq.) that is lawfully made under that Act, or at16 tendance at a fundraising event sponsored by a po17 litical organization described in section 527(e) of the

18 Internal Revenue Code of 1986.

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

20 basis of a personal or family relationship unless the

21 Member, officer, or employee has reason to believe

22 that, under the circumstance, the gift was provided

23 because of the official position of the Member, offi24 cer, or employee and not because of the personal or

25 family relationship. The Committee on Standards of
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1 Official Conduct shall provide guidance on the appli2 cability of this clause and examples of circumstances

3 under which a gift may be accepted under this ex4 ception.

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

6 expense fund established for the benefit of a Mem7 ber, officer, or employee that is otherwise lawfully

8 made.

9 ‘‘(5) Any food or refreshments which the recipi10 ent reasonably believes to have a value of less than

11 $20.

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

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

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

16 benefits—

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

18 employment activities (or other outside activi19 ties that are not connected to the duties of the

20 Member, officer, or employee as an officeholder)

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

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

23 such benefits have not been offered or enhanced

24 because of the official position of the Member,
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1 officer, or employee and are customarily pro2 vided to others in similar circumstances;

3 ‘‘(B) customarily provided by a prospective

4 employer in connection with bona fide employ5 ment discussions; or

6 ‘‘(C) provided by a political organization

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

10 organization.

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

12 continued participation in an employee welfare and

13 benefits plan maintained by a former employer.

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

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

16 form of books, articles, periodicals, other written

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

18 communication.

19 ‘‘(10) Awards or prizes which are given to com20 petitors in contests or events open to the public, in21 cluding random drawings.

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

23 food, refreshments, and entertainment) and other

24 bona fide, nonmonetary awards presented in recogni25 tion of public service (and associated food, refresh-
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1 ments, and entertainment provided in the presen2 tation of such degrees and awards).

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

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

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

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

9 provided to a Member or an employee of a Member

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

11 limitations, to be established by the Committee on

12 Standards of Official Conduct.

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

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

15 ‘‘(15) Training (including food and refresh16 ments furnished to all attendees as an integral part

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

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

19 House of Representatives.

20 ‘‘(16) Bequests, inheritances, and other trans21 fers at death.

22 ‘‘(17) Any item, the receipt of which is author23 ized by the Foreign Gifts and Decorations Act, the

24 Mutual Educational and Cultural Exchange Act, or

25 any other statute.
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1 ‘‘(18) Anything which is paid for by the Federal

2 Government, by a State or local government, or se3 cured by the Government under a Government con4 tract.

5 ‘‘(19) A gift of personal hospitality of an indi6 vidual, as defined in section 109(14) of the Ethics

7 in Government Act.

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

9 event permitted pursuant to paragraph (e).

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

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

12 consisting of all Federal employees, whether or

13 not restricted on the basis of geographic consid14 eration;

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

16 class in which membership is unrelated to con17 gressional employment;

18 ‘‘(C) offered to members of an organiza19 tion, such as an employees’ association or con20 gressional credit union, in which membership is

21 related to congressional employment and similar

22 opportunities are available to large segments of

23 the public through organizations of similar size;

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

25 not defined in a manner that specifically dis-
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1 criminates among Government employees on the

2 basis of branch of Government or type of re3 sponsibility, or on a basis that favors those of

4 higher rank or rate of pay;

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

6 other financial institutions on terms generally

7 available to the public; or

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

9 other fees for participation in organization ac10 tivities offered to all Government employees by

11 professional organizations if the only restric12 tions on membership relate to professional

13 qualifications.

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

15 modest value.

16 ‘‘(23) Anything for which, in exceptional cir17 cumstances, a waiver is granted by the Committee

18 on Standards of Official Conduct.

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

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

21 attendance at a widely attended convention, conference,

22 symposium, forum, panel discussion, dinner, viewing, re23 ception, or similar event, provided by the sponsor of the

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

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

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

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

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

11 event described in subparagraph (1) may accept a spon12 sor’s unsolicited offer of free attendance at the event for

13 an accompanying individual if others in attendance will

14 generally be similarly accompanied or if such attendance

15 is appropriate to assist in the representation of the House

16 of Representatives.

17 ‘‘(3) Except as prohibited by paragraph (a), a Mem18 ber, officer, or employee, or the spouse or dependent there19 of, may accept a sponsor’s unsolicited offer of free attend20 ance at a charity event, except that reimbursement for

21 transportation and lodging may not be accepted in connec22 tion with the event.

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

24 attendance’ may include waiver of all or part of a con25 ference or other fee, the provision of local transportation,
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1 or the provision of food, refreshments, entertainment, and

2 instructional materials furnished to all attendees as an in3 tegral part of the event. The term does not include enter4 tainment collateral to the event, or food or refreshments

5 taken other than in a group setting with all or substan6 tially all other attendees.

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

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

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

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

11 Lobbying Disclosure Act of 1994 unless the Committee

12 on Standards of Official Conduct issues a written deter13 mination that one of such exceptions applies.

14 ‘‘(g)(1) The Committee on Standards of Official Con15 duct is authorized to adjust the dollar amount referred

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

17 necessary to adjust for inflation.

18 ‘‘(2) The Committee on Standards of Official Con19 duct shall provide guidance setting forth reasonable steps

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

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

22 acceptance of prohibited gifts from lobbyists.

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

24 item because it is perishable, the item may, at the discre-
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1 tion of the recipient, be given to an appropriate charity

2 or destroyed.

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

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

5 officer, or employee for necessary transportation, lodging

6 and related expenses for travel to a meeting, speaking en7 gagement, factfinding trip or similar event in connection

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

9 officeholder shall be deemed to be a reimbursement to the

10 House of Representatives and not a gift prohibited by this

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

12 ‘‘(i) in the case of an employee, receives ad13 vance authorization, from the Member or officer

14 under whose direct supervision the employee works,

15 to accept reimbursement, and

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

17 reimbursed and the authorization to the Clerk of the

18 House of Representatives within 30 days after the

19 travel is completed.

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

21 of which are substantially recreational in nature, shall not

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

23 Member, officer, or employee as an officeholder.
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1 ‘‘(2) Each advance authorization to accept reimburse2 ment shall be signed by the Member or officer under whose

3 direct supervision the employee works and shall include—

4 ‘‘(A) the name of the employee;

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

6 reimbursement;

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

8 and

9 ‘‘(D) a determination that the travel is in con10 nection with the duties of the employee as an office11 holder and would not create the appearance that the

12 employee is using public office for private gain.

13 ‘‘(3) Each disclosure made under subparagraph

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

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

16 by that Member or officer) or by the Member or officer

17 under whose direct supervision the employee works (in the

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

19 ‘‘(A) a good faith estimate of total transpor20 tation expenses reimbursed or to be reimbursed;

21 ‘‘(B) a good faith estimate of total lodging ex22 penses reimbursed or to be reimbursed;

23 ‘‘(C) a good faith estimate of total meal ex24 penses reimbursed or to be reimbursed;
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1 ‘‘(D) a good faith estimate of the total of other

2 expenses reimbursed or to be reimbursed;

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

4 necessary transportation, lodging, and related ex5 penses as defined in this paragraph; and

6 ‘‘(F) in the case of a reimbursement to a Mem7 ber or officer, a determination that the travel was in

8 connection with the duties of the Member or officer

9 as an officeholder and would not create the appear10 ance that the Member or officer is using public of11 fice for private gain.

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

13 ‘necessary transportation, lodging, and related ex14 penses’—

15 ‘‘(A) includes reasonable expenses that are nec16 essary for travel—

17 ‘‘(i) for a period not exceeding 4 days in18 cluding travel time within the United States or

19 7 days in addition to travel time outside the

20 United States; and

21 ‘‘(ii) within 24 hours before or after par22 ticipation in an event in the United States or

23 within 48 hours before or after participation in

24 an event outside the United States,
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1 unless approved in advance by the Committee on

2 Standards of Official Conduct;

3 ‘‘(B) is limited to reasonable expenditures for

4 transportation, lodging, conference fees and mate5 rials, and food and refreshments, including reim6 bursement for necessary transportation, whether or

7 not such transportation occurs within the periods de8 scribed in clause (A);

9 ‘‘(C) does not include expenditures for rec10 reational activities or entertainment other than that

11 provided to all attendees as an integral part of the

12 event; and

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

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

15 officer, or employee, subject to a determination

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

17 an employee, the Member or officer under whose di18 rect supervision the officer or employee works) that

19 the attendance the spouse or child is appropriate to

20 assist in the representation of the House of Rep21 resentatives.

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

23 make available to the public all advance authorizations

24 and disclosures of reimbursement filed pursuant to sub25 paragraph (1) as soon as possible after they are received.’’.
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1 SEC. 203. MISCELLANEOUS PROVISIONS.

2 (a) AMENDMENTS TO THE ETHICS IN GOVERNMENT

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

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

5 end thereof the following: ‘‘Reimbursements accepted by

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

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

8 the House of Representatives pursuant to rule XXXV of

9 the Standing Rules of the Senate or clause 4 of rule XLIII

10 of the Rules of the House of Representatives shall be re11 ported as required by such statute or rule and need not

12 be reported under this section.’’.

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

14 of the Ethics Reform Act of 1989 (2 U.S.C. 31–2) is re15 pealed.

16 (c) SENATE PROVISIONS.—

17 (1) AUTHORITY OF THE COMMITTEE ON RULES

18 AND ADMINISTRATION.—The Senate Committee on

19 Rules and Administration, on behalf of the Senate,

20 may accept gifts provided they do not involve any

21 duty, burden, or condition, or are not made depend22 ent upon some future performance by the United

23 States. The Committee on Rules and Administration

24 is authorized to promulgate regulations to carry out

25 this section.
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1 (2) FOOD, REFRESHMENTS, AND ENTERTAIN2 MENT.—The rules on acceptance of food, refresh3 ments, and entertainment provided to a Member of

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

5 Member’s home State before the adoption of reason6 able limitations by the Committee on Rules and Ad7 ministration shall be the rules in effect on the day

8 before the effective date of this title.

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

10 food, refreshments, and entertainment provided to a Mem11 ber of the House of Representatives or an employee of

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

13 adoption of reasonable limitations by the Committee on

14 Standards of Official Conduct shall be the rules in effect

15 on the day before the effective date of this title.

16 SEC. 204. EXERCISE OF CONGRESSIONAL RULEMAKING

17 POWERS.

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

19 are enacted by Congress—

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

21 the Senate and the House of Representatives, re22 spectively, and pursuant to section 7353(b)(1) of

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

24 shall be considered as part of the rules of each

25 House, respectively, or of the House to which they
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1 specifically apply, and such rules shall supersede

2 other rules only to the extent that they are inconsist3 ent therewith; and

4 (2) with full recognition of the constitutional

5 right of either House to change such rules (insofar

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

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

8 of any other rule of that House.

9 SEC. 205. EFFECTIVE DATE.

10 This title and the amendments made by this title

11 shall take effect on January 1, 1995.

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