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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5085 Introduced in House (IH)]

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.

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

                      TITLE I--LOBBYING DISCLOSURE

SECTION 101. SHORT TITLE.

    This title may be cited as the ``Lobbying Disclosure Act of 1994''.

SEC. 102. FINDINGS.

    The Congress finds that--
            (1) responsible representative Government requires public 
        awareness of the efforts of paid lobbyists to influence the 
        public decision making process in both the legislative and 
        executive branches of the Federal Government;
            (2) existing lobbying disclosure statues have been 
        ineffective because of unclear statutory language, weak 
        administrative and enforcement provisions, and an absence of 
        clear guidance as to who is required to register and what they 
        are required to disclose; and
            (3) the effective public disclosure of the identity and 
        extent of the efforts of paid lobbyists to influence Federal 
        officials in the conduct of Government actions will increase 
        public confidence in the integrity of Government.

SEC. 103. DEFINITIONS.

    As used in this title:
            (1) Agency.--The term ``agency'' has the meaning given that 
        term in section 551(1) of title 5, United States Code.
            (2) Client.--The term ``client'' means any person or entity 
        that employs or retains another person for financial or other 
        compensation to conduct lobbying activities on behalf of that 
        person or entity. A person or entity whose employees act as 
        lobbyists on its own behalf is both a client and an employer of 
        such employees. In the case of a coalition or association that 
        employs or retains other persons to conduct lobbying 
        activities, the client is--
                    (A) the coalition or association and not its 
                individual members when the lobbying activities are 
                conducted on behalf of its membership and financed by 
                the coalition's or association's dues and assessments; 
                or
                    (B) an individual member or members, when the 
                lobbying activities are conducted on behalf of, and 
                financed separately by, 1 or more individual members 
                and not by the coalition's or association's dues and 
                assessments.
            (3) Covered executive branch official.--The term ``covered 
        executive branch official'' means--
                    (A) the President;
                    (B) the Vice President;
                    (C) any officer or employee, or any other 
                individual functioning in the capacity of such an 
                officer or employee, in the Executive Office of the 
                President;
                    (D) any officer or employee serving in a position 
                in level I, II, III, IV, or V of the Executive 
                Schedule, as designated by statute or executive order;
                    (E) any officer or employee serving in a Senior 
                Executive Service position, as defined in section 
                3132(a)(2) of title 5, United States Code;
                    (F) any member of the uniformed services whose pay 
                grade is at or above O-7 under section 201 of title 37, 
                United States Code; and
                    (G) any officer or employee serving in a position 
                of a confidential, policy-determining, policy-making, 
                or policy-advocating character described in section 
                7511(b)(2) of title 5, United States Code.
            (4) Covered legislative branch official.--The term 
        ``covered legislative branch official'' means--
                    (A) a Member of Congress;
                    (B) an elected officer of either House of Congress;
                    (C) any employee of, or any other individual 
                functioning in the capacity of an employee of--
                            (i) a Member of Congress;
                            (ii) a committee of either House of 
                        Congress;
                            (iii) the leadership staff of the House of 
                        Representatives or the leadership staff of the 
                        Senate;
                            (iv) a joint committee of Congress; and
                            (v) a working group or caucus organized to 
                        provide legislative services or other 
                        assistance to Members of Congress; and
                    (D) any other legislative branch employee serving 
                in a position described under section 109(13) of the 
                Ethics in Government Act of 1978 (5 U.S.C. App.).
            (5) Director.--The term ``Director'' means the Director of 
        the Office of Lobbying Registration and Public Disclosure.
            (6) Employee.--The term ``employee'' means any individual 
        who is an officer, employee, partner, director, or proprietor 
        of a person or entity, but does not include--
                    (A) independent contractors; or
                    (B) volunteers who receive no financial or other 
                compensation from the person or entity for their 
                services.
            (7) Foreign entity.--The term ``foreign entity'' means a 
        foreign principal (as defined in section 1(b) of the Foreign 
        Agents Registration Act of 1938 (22 U.S.C. 611(b)).
            (8) Grassroots lobbying communications.--The term 
        ``grassroots lobbying communications'' means--
                    (A) any communication that attempts to influence a 
                matter described in clause (i), (ii), (iii), or (iv) of 
                section 103(10)(A) through an attempt to affect the 
                opinions of the general public or any segment thereof;
                    (B) any communication between an organization and 
                any bona fide member of such organization to directly 
                encourage such member to make a communication to a 
                covered executive branch official or a covered 
                legislative branch official with regard to a matter 
                described in clause (i), (ii), (iii), or (iv) of 
                section 103(10)(A); and
                    (C) any communication between an organization and 
                any bona fide member of such organization to directly 
                encourage such member to urge persons other than 
                members to communicate as provided in either 
                subparagraph (A) or subparagraph (B).
            (9) Lobbying activities.--
                    (A) Definition.--The term ``lobbying activities'' 
                means lobbying contacts and efforts in support of such 
                contacts, including preparation and planning 
                activities, research and other background work that is 
                intended, at the time it is performed, for use in 
                contacts, and coordination with the lobbying activities 
                of others. Except as provided in subparagraph (B), 
                lobbying activities also include grassroots lobbying 
                communications to the extent that such communications 
                are made in support of a lobbying contact. A 
                communication in support of a lobbying contact is a 
                lobbying activity even if the communication is excluded 
                from the definition of ``lobbying contact'' under 
                paragraph (10)(B).
                    (B) Religious organizations.--Lobbying activities 
                do not include grassroots lobbying communications by 
                churches, their integrated auxiliaries, conventions or 
                associations of churches, and religious orders that are 
                exempt from filing Federal income tax returns under 
                paragraph (2)(A)(i) (or) (2)(A)(iii) of section 6033(a) 
                of the Internal Revenue Code of 1986, unless such 
                communications are made by another registrant or any 
                person or entity required to be identified under 
                section 104(b)(5).
            (10) Lobbying contact.--
                    (A) Definition.--The term ``lobbying contact'' 
                means any oral or written communication (including an 
                electronic communication) to a covered executive branch 
                official or a covered legislative branch official that 
                is made on behalf of a client with regard to--
                            (i) the formulation, modification, or 
                        adoption of Federal legislation (including 
                        legislative proposals);
                            (ii) the formulation, modification, or 
                        adoption of a Federal rule, regulation, 
                        Executive order, or any other program, policy, 
                        or position of the United States Government;
                            (iii) the administration or execution of a 
                        Federal program or policy (including the 
                        negotiation, award, or administration of a 
                        Federal contract, grant, loan, permit, or 
                        license), except that this clause does not 
                        include communications that are made to any 
                        covered executive branch official--
                                    (I) who is serving in a Senior 
                                Executive Service position described in 
                                paragraph (3)(E); or
                                    (II) who is a member of the 
                                uniformed services whose pay grade is 
                                lower than O-9 under section 201 of 
                                title 37, United States Code,
                        in the agency responsible for taking such 
                        administrative or executive action; or
                            (iv) the nomination or confirmation of a 
                        person for a position subject to confirmation 
                        by the Senate.
                    (B) Exceptions.--The term ``lobbying contact'' does 
                not include a communication that is--
                            (i) made by a public official acting in the 
                        public official's official capacity;
                            (ii) made by a representative of a media 
                        organization if the purpose of the 
                        communication is gathering and disseminating 
                        news and information to the public;
                            (iii) made in a speech, article, 
                        publication or other material that is widely 
                        distributed to the public, or through radio, 
                        television, cable television, or other medium 
                        of mass communication;
                            (iv) made on behalf of a government of a 
                        foreign country or a foreign political party 
                        and disclosed under the Foreign Agents 
                        Registration Act of 1938 (22 U.S.C. 611 et 
                        seq.);
                            (v) a request for a meeting, a request for 
                        the status of an action, or any other similar 
                        administrative request, if the request does not 
                        include an attempt to influence a covered 
                        executive branch official or a covered 
                        legislative branch official;
                            (vi) made in the course of participation in 
                        an advisory committee subject to the Federal 
                        Advisory Committee Act;
                            (vii) testimony given before a committee, 
                        subcommittee, or task force of the Congress, or 
                        submitted for inclusion in the public record of 
                        a hearing conducted by such committee, 
                        subcommittee, or task force;
                            (viii) information provided in writing in 
                        response to a written request by a covered 
                        executive branch official or a covered 
                        legislative branch official for specific 
                        information;
                            (ix) required by subpoena, civil 
                        investigative demand, or otherwise compelled by 
                        statute, regulation, or other action of the 
                        Congress or an agency;
                            (x) made in response to a notice in the 
                        Federal Register, Commerce Business Daily, or 
                        other similar publication soliciting 
                        communications from the public and directed to 
                        the agency official specifically designated in 
                        the notice to receive such communications;
                            (xi) not possible to report without 
                        disclosing information, the unauthorized 
                        disclosure of which is prohibited by law;
                            (xii) made to an official in an agency with 
                        regard to--
                                    (I) a judicial proceeding or a 
                                criminal or civil law enforcement 
                                inquiry, investigation, or proceeding; 
                                or
                                    (II) a filing or proceeding that 
                                the Government is specifically required 
                                by statute or regulation to maintain or 
                                conduct on a confidential basis,
                        if that agency is charged with responsibility 
                        for such proceeding, inquiry, investigation, or 
                        filing;
                            (xiii) made in compliance with written 
                        agency procedures regarding an adjudication 
                        conducted by the agency under section 554 of 
                        title 5, United States Code, or substantially 
                        similar provisions;
                            (xiv) a written comment filed in the course 
                        of a public proceeding or any other 
                        communication that is made on the record in a 
                        public proceeding;
                            (xv) a petition for agency action made in 
                        writing and required to be a matter of public 
                        record pursuant to established agency 
                        procedures;
                            (xvi) made on behalf of an individual with 
                        regard to that individual's benefits, 
                        employment, or other personal matters involving 
                        only that individual, except that this clause 
                        does not apply to any communication with--
                                    (I) a covered executive branch 
                                official, or
                                    (II) a covered legislative branch 
                                official (other than the individual's 
                                elected Members of Congress or 
                                employees who work under such Members' 
                                direct supervision),
                        with respect to the formulation, modification, 
                        or adoption of private legislation for the 
                        relief of that individual;
                            (xvii) a disclosure by an individual that 
                        is protected under the amendments made by the 
                        Whistleblower Protection Act of 1989, under the 
                        Inspector General Act of 1978, or under another 
                        provision of law;
                            (xviii) made by--
                                    (I) a church, its integrated 
                                auxiliary, or a convention or 
                                association of churches that is exempt 
                                from filing a Federal income tax return 
                                under paragraph 2(A)(i) of section 
                                6033(a) of the Internal Revenue Code of 
                                1986, or
                                    (II) a religious order that is 
                                exempt from filing a Federal income tax 
                                return under paragraph (2)(A)(iii) of 
                                such section 6033(a),
                        if the communication constitutes the free 
                        exercise of religion or is for the purpose of 
                        protecting the right to the free exercise of 
                        religion; and
                            (xix) between--
                                    (I) officials of a self-regulatory 
                                organization (as defined in section 
                                3(a)(26) of the Securities Exchange 
                                Act) that is registered with or 
                                established by the Securities and 
                                Exchange Commission as required by that 
                                Act; and
                                    (II) the Securities and Exchange 
                                Commission,
                        relating to the regulatory responsibilities of 
                        such organization under that Act.
            (11) Lobbying firm.--The term ``lobbying firm'' means a 
        person or entity that has 1 or more employees who are lobbyists 
        on behalf of a client other than that person or entity. The 
        term also includes a self-employed individual who is a 
        lobbyist.
            (12) Lobbyist.--The term ``lobbyist'' means any individual 
        who is employed or retained by a client for financial or other 
        compensation for services that include one or more lobbying 
        contacts, other than an individual whose lobbying activities 
        constitute less than 10 percent of the time engaged in the 
        services provided by such individual to that client.
            (13) Media organization.--The term ``media organization'' 
        means a person or entity engaged in disseminating information 
        to the general public through a newspaper, magazine, other 
        publication, radio, television, cable television, or other 
        medium of mass communication.
            (14) Member of congress.--The term ``Member of Congress'' 
        means a Senator or a Representative in, or Delegate or Resident 
        Commissioner to, the Congress.
            (15) Organization.--The term ``organization'' means a 
        person or entity other than an individual.
            (16) Person or entity.--The term ``person or entity'' means 
        any individual, corporation, company, foundation, association, 
        labor organization, firm, partnership, society, joint stock 
        company, group of organizations, or State or local government.
            (17) Public official.--The term ``public official'' means 
        any elected official, appointed official, or employee of--
                    (A) a Federal, State, or local unit of government 
                in the United States other than--
                            (i) a college or university;
                            (ii) a government-sponsored enterprise (as 
                        defined in section 3(8) of the Congressional 
                        Budget and Impoundment Control Act of 1974);
                            (iii) a public utility that provides gas, 
                        electricity, water, or communications;
                            (iv) a guaranty agency (as defined in 
                        section 435(j) of the Higher Education Act of 
                        1965 (20 U.S.C. 1085(j))), including any 
                        affiliate of such an agency; or
                            (v) an agency of any State functioning as a 
                        student loan secondary market pursuant to 
                        section 435(d)(1)(F) of the Higher Education 
                        Act of 1965 (20 U.S.C. 1085(d)(1)(F));
                    (B) a Government corporation (as defined in section 
                9101 of title 31, United States Code);
                    (C) an organization of State or local elected or 
                appointed officials other than officials of an entity 
                described in clause (i), (ii), (iii), (iv), or (v) of 
                subparagraph (A);
                    (D) an Indian tribe (as defined in section 4(e) of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 450b(e));
                    (E) a national or State political party or any 
                organizational unit thereof; or
                    (F) a national, regional, or local unit of any 
                foreign government.
            (18) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.

SEC. 104. REGISTRATION OF LOBBYISTS.

    (a) Registration.--
            (1) General rule.--No later than 30 days after a lobbyist 
        first makes a lobbying contact or is employed or retained to 
        make a lobbying contact, whichever is earlier, such lobbyist 
        (or, as provided under paragraph (2), the organization 
        employing such lobbyist), shall register with the Office of 
        Lobbying Registration and Public Disclosure.
            (2) Employer filing.--Any organization that has 1 or more 
        employees who are lobbyists shall file a single registration 
        under this section on behalf of such employees for each client 
        on whose behalf the employees act as lobbyists.
            (3) Exemption.--
                    (A) General rule.--Notwithstanding paragraphs (1) 
                and (2), a person or entity whose--
                            (i) total income for matters related to 
                        lobbying activities on behalf of a particular 
                        client (in the case of a lobbying firm) does 
                        not exceed and is not expected to exceed 
                        $2,500; or
                            (ii) total expenses in connection with 
                        lobbying activities (in the case of an 
                        organization whose employees engage in lobbying 
                        activities on its own behalf) do not exceed or 
                        are not expected to exceed $5,000.
                (as estimated under section 105) in the semiannual 
                period described in section 105(a) during which the 
                registration would be made is not required to register 
                under subsection (a) with respect to such client.
                    (B) Adjustment.--The dollar amounts in subparagraph 
                (A) shall be adjusted--
                            (i) on January 1, 1997, to reflect changes 
                        in the Consumer Price Index (as determined by 
                        the Secretary of Labor) since the date of 
                        enactment of this title; and
                            (ii) on January 1 of each fourth year 
                        occurring after January 1, 1997, to reflect 
                        changes in the Consumer Price Index (as 
                        determined by the Secretary of Labor) during 
                        the preceding 4-year period,
                rounded to the nearest $500.
    (b) Contents of Registration.--Each registration under this section 
shall be in such form as the Director shall prescribe by regulation and 
shall contain--
            (1) the name, address, business telephone number, and 
        principal place of business of the registrant, and a general 
        description of its business or activities;
            (2) the name, address, and principal place of business of 
        the registrant's client, and a general description of its 
        business or activities (if different from paragraph (1));
            (3) the name, address, and principal place of business of 
        any organization, other than the client, that--
                    (A) contributes more than $5,000 toward the 
                lobbying activities of the registrant in a semiannual 
                period described in section 105(a); and
                    (B) participates significantly in the planning, 
                supervision, or control of such lobbying activities;
            (4) the name, address, principal place of business, amount 
        of any contribution of more than $5,000 to the lobbying 
        activities of the registrant, and approximate percentage of 
        equitable ownership in the client (if any) of any foreign 
        entity that--
                    (A) holds at least 20 percent equitable ownership 
                in the client or any organization identified under 
                paragraph (3);
                    (B) directly or indirectly, in whole or in major 
                part, plans, supervises, controls, directs, finances, 
                or subsidizes the activities of the client or any 
                organization identified under paragraph (3); or
                    (C) is an affiliate of the client or any 
                organization identified under paragraph (3) and has a 
                direct interest in the outcome of the lobbying 
                activity;
            (5) the name, address, and principal place of business of 
        any person or entity retained by the registrant to conduct 
        grassroots lobbying communications on behalf of the registrant 
        or the client (other than an employee of the registrant or a 
        person or entity that is separately registered under this title 
        in connection with such representation);
            (6) a statement of--
                    (A) the general issue areas in which the registrant 
                expects to engage in lobbying activities on behalf of 
                the client; and
                    (B) to the extent practicable, specific issues that 
                have (as of the date of the registration) already been 
                addressed or are likely to be addressed in lobbying 
                activities; and
            (7) the name of each employee of the registrant who has 
        acted or whom the registrant expects to act as a lobbyist on 
        behalf of the client and, if any such employee has served as a 
        covered executive branch official or a covered legislative 
        branch official in the 2 years before the date on which such 
        employee first acted (after the date of enactment of this Act) 
        as a lobbyist on behalf of the client, the position in which 
        such employee served.
    (c) Guidelines for Registration.--
            (1) Multiple clients.--In the case of a registrant making 
        lobbying contacts on behalf of more than 1 client, a separate 
        registration under this section shall be filed for each such 
        client.
            (2) Multiple contacts.--A registrant who makes more than 1 
        lobbying contact for the same client shall file a single 
        registration covering all such lobbying contacts.
    (d) Termination of Registration.--A registrant who after 
registration--
            (1) is no longer employed or retained by a client to 
        conduct lobbying activities; and
            (2) does not anticipate any additional lobbying activities 
        for such client,
may so notify the Director and terminate its registration.

SEC. 105. REPORTS BY REGISTERED LOBBYISTS.

    (a) Semiannual Report.--
            (1) In general.--No later than 30 days after the end of the 
        semiannual period beginning on the first day of each January 
        and the first day of July of each year in which a registrant is 
        registered under section 104, each registrant shall file a 
        report with the Office of Lobbying Registration and Public 
        Disclosure on its lobbying activities during such semiannual 
        period. A separate report shall be filed for each client of the 
        registrant.
            (2) Exemption.--
                    (A) General rule.--Any registrant whose--
                            (i) total income for a particular client 
                        for matters that are related to lobbying 
                        activities on behalf of that client (in the 
                        case of a lobbying firm), does not exceed and 
                        is not expected to exceed $2,500; or
                            (ii) total expenses in connection with 
                        lobbying activities (in the case of a 
                        registrant whose employees engage in lobbying 
                        activities on its own behalf) do not exceed and 
                        are not expected to exceed $5,000,
                in a semiannual period (as estimated under paragraph 
                (3) or (4) of subsection (b) or paragraph (4) or 
                subsection (c), as applicable) is deemed to be inactive 
                during such period and may comply with the reporting 
                requirements of this section by so notifying the 
                Director in such form as the Director may prescribe.
                    (B) Adjustment.--The dollar amounts in subparagraph 
                (A) shall be adjusted as provided in section 
                104(a)(3)(B).
    (b) Contents of Report.--Each semiannual report filed under 
subsection (a) shall be in such form as the Director shall prescribe by 
regulation and shall contain--
            (1) the name of the registrant, the name of the client, and 
        any changes or updates to the information provided in the 
        initial registration;
            (2) for each general issue area in which the registrant 
        engaged in lobbying activities on behalf of the client during 
        the semiannual filing period--
                    (A) a list of the specific issues upon which a 
                lobbyist employed by the registrant engaged in lobbying 
                activities, including, to the maximum extent 
                practicable, a list of bill numbers and references to 
                specific regulatory actions, programs, projects, 
                contracts, grants and loans;
                    (B) a statement of the Houses and committees of 
                Congress and the Federal agencies contacted by 
                lobbyists employed by the registrant on behalf of the 
                client;
                    (C) a list of the employees of the registrant who 
                acted as lobbyists on behalf of the client;
                    (D) a description of the interest, if any, of any 
                foreign entity identified under section 104(b)(4) in 
                the specific issues listed under subparagraph (A); and
                    (E) a list of the specific issues on which any 
                person or entity required to be identified under 
                section 104(b)(5) has engaged in grass roots lobbying 
                communications on behalf of the client;
            (3) in the case of a lobbying firm, a good faith estimate 
        of the total amount of all income from the client (including 
        any payments to the registrant by any other person for lobbying 
        activities on behalf of the client) during the semiannual 
        period, other than income for matters that are unrelated to 
        lobbying activities;
            (4) in the case of a registrant engaged in lobbying 
        activities on its own behalf, a good faith estimate of the 
        total expenses that the registrant and its employees incurred 
        in connection with lobbying activities during the semiannual 
        filing period;
            (5) the name, address, and principal place of business of 
        any person or entity other than the client who paid the 
        registrant to lobby on behalf of the client; and
            (6) a good faith estimate of the total expenses that the 
        registrant and its employees incurred in connection with grass 
        roots lobbying communications on behalf of the client 
        (including any amount paid, in connection with such 
        communications, to a person or entity required to be identified 
        under section 104(b)(5)).
    (c) Estimates of Income or Expenses.--For purposes of this section, 
estimates of income or expenses shall be made as follows:
            (1) $100,000 or less.--Income or expenses of $100,000 or 
        less shall be estimated in accordance with the following 
        categories:
                    (A) $10,000 or less.
                    (B) More than $10,000 but not more than $20,000.
                    (C) More than $20,000 but not more than $50,000.
                    (D) More than $50,000 but not more than $100,000.
            (2) More than $100,000 but not more than $500,000.--Income 
        or expenses in excess of $100,000 but not more than $500,000 
        shall be estimated and rounded to the nearest $50,000.
            (3) More than $500,000.--Income or expenses in excess of 
        $500,000 shall be estimated and rounded to the nearest 
        $100,000.
            (4) Estimates based on tax reporting system.--In the case 
        of any registrant that is required to report and does report 
        lobbying expenditures as required by section 6033(b)(8) of the 
        Internal Revenue Code of 1986, regulations prescribed under 
        section 107 shall provide that the registrant may make a good 
        faith estimate of applicable amounts that would be required to 
        be disclosed under such section of the Internal Revenue Code of 
        1986 for the applicable semiannual period (by category of 
        dollar value) to meet the requirements of subsections (b)(4) 
        and (b)(6), if each time the registrant makes such an estimate, 
        the registrant informs the Director that the registrant is 
        making such an estimate.
            (5) Construction.--In estimating total income or expenses 
        under this section, a registrant is not required to include--
                    (A) the value of contributed services for which no 
                payment is made; or
                    (B) the expenses for services provided by an 
                independent contractor of the registrant who is 
                separately registered under this title.
    (d) Contacts.--
            (1) Contact with committees.--For purposes of subsection 
        (b)(2), any contact with a member of a committee of Congress, 
        an employee of a committee of Congress, or an employee of a 
        member of a committee of Congress regarding a matter within the 
        jurisdiction of such committee shall be considered to be a 
        contact with the committee.
            (2) Contacts with house of congress.--For purposes of 
        subsection (b)(2), any contact with a Member of Congress or an 
        employee of a Member of Congress regarding a matter that is not 
        within the jurisdiction of a committee of Congress of which 
        that Member is a member shall be considered to be a contact 
        with the House of Congress of that Member.
            (3) Contacts with federal agencies.--For purposes of 
        subsection (b)(2), any contact with a covered executive branch 
        official shall be considered to be a contact with the Federal 
        agency that employs that official, except that a contact with a 
        covered executive branch official who is detailed to another 
        Federal agency or to the Congress shall be considered to be a 
        contact with the Federal agency or with the committee of 
        Congress or House of Congress to which the official is 
        detailed.
    (e) Extension for Filing.--The Director may grant an extension of 
time of not more than 30 days for the filing of any report under this 
section, upon the request of the registrant, for good cause shown.

SEC. 106. PROHIBITION ON GIFTS BY LOBBYISTS, LOBBYING FIRMS, AND AGENTS 
              OF FOREIGN PRINCIPALS.

    (a) In General.--
            (1) Prohibition.--No lobbyist or lobbying firm registered 
        under this title and no agent of a foreign principal registered 
        under the Foreign Agents Registration Act may provide a gift, 
        directly or indirectly, to any covered legislative branch 
        official.
            (2) Definition.--For purposes of this section--
                    (A) the term ``gift'' means any gratuity, favor, 
                discount, entertainment, hospitality, loan, 
                forbearance, or other item having monetary value and 
                such term includes gifts of services, training, 
                transportation, lodging, and meals, whether provided in 
                kind, by purchase of a ticket, payment in advance, or 
                reimbursement after the expense has been incurred; and
                    (B) a gift to the spouse or dependent of a covered 
                legislative branch official (or a gift to any other 
                individual based on that individual's relationship with 
                the covered legislative branch official) shall be 
                considered a gift to the covered legislative branch 
                official if it is given with the knowledge and 
                acquiescence of the covered legislative branch official 
                and is given because of the official position of the 
                covered legislative branch official.
    (b) Gifts.--The prohibition in subsection (a) includes the 
following:
            (1) Anything provided by a lobbyist or a foreign agent 
        which is paid for, charged to, or reimbursed by a client or 
        firm of such lobbyist or foreign agent.
            (2) Anything provided by a lobbyist, a lobbying firm, or a 
        foreign agent to an entity that is maintained or controlled by 
        a covered legislative branch official.
            (3) A charitable contribution (as defined in section 170(c) 
        of the Internal Revenue Code of 1986) made by a lobbyist, a 
        lobbying firm, or a foreign agent on the basis of a 
        designation, recommendation, or other specification of a 
        covered legislative branch official (not including a mass 
        mailing or other solicitation directed to a broad category of 
        persons or entities).
            (4) A contribution or other payment by a lobbyist, a 
        lobbying firm, or a foreign agent to a legal expense fund 
        established for the benefit of a covered legislative branch 
        official or a covered executive branch official.
            (5) A charitable contribution (as defined in section 170(c) 
        of the Internal Revenue Code of 1986) made by a lobbyist, a 
        lobbying firm, or a foreign agent in lieu of an honorarium to a 
        covered legislative branch official.
            (6) A financial contribution or expenditure made by a 
        lobbyist, a lobbying firm, or a foreign agent relating to a 
        conference, retreat, or similar event, sponsored by or 
        affiliated with an official congressional organization, for or 
        on behalf of covered legislative branch officials.
    (c) Not Gifts.--The following are not gifts subject to the 
prohibition in subsection (a):
            (1) Anything for which the recipient pays the market value, 
        or does not use and promptly returns to the donor.
            (2) A contribution, as defined in the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully 
        made under that Act, or attendance at a fundraising event 
        sponsored by a political organization described in section 
        527(e) of the Internal Revenue Code of 1986.
            (3) Food or refreshments of nominal value offered other 
        than as part of a meal.
            (4) Benefits resulting from the business, employment, or 
        other outside activities of the spouse of a covered legislative 
        branch official, if such benefits are customarily provided to 
        others in similar circumstances.
            (5) Pension and other benefits resulting from continued 
        participation in an employee welfare and benefits plan 
        maintained by a former employer.
            (6) Informational materials that are sent to the office of 
        a covered legislative branch official in the form of books, 
        articles, periodicals, other written materials, audio tapes, 
        videotapes, or other forms of communication.
    (d) Gifts Given for a Nonbusiness Purpose and Motivated by Family 
Relationship or Close Personal Friendship.--
            (1) In general.--A gift given by an individual under 
        circumstances which make it clear that the gift is given for a 
        nonbusiness purpose and is motivated by a family relationship 
        or close personal friendship and not by the position of the 
        covered legislative branch official shall not be subject to the 
        prohibition in subsection (a).
            (2) Nonbusiness purpose.--A gift shall not be considered to 
        be given for a nonbusiness purpose if the individual giving the 
        gift seeks--
                    (A) to deduct the value of such gift as a business 
                expense on the individual's Federal income tax return, 
                or
                    (B) direct or indirect reimbursement or any other 
                compensation for the value of the gift from a client or 
                employer of such lobbyist or foreign agent.
            (3) Family relationship or close personal friendship.--In 
        determining if the giving of a gift is motivated by a family 
        relationship or close personal friendship, at least the 
        following factors shall be considered:
                    (A) The history of the relationship between the 
                individual giving the gift and the recipient of the 
                gift, including whether or not gifts have previously 
                been exchanged by such individuals.
                    (B) Whether the gift was purchased by the 
                individual who gave the item.
                    (C) Whether the individual who gave the gift also 
                at the same time gave the same or similar gifts to 
                other covered legislative branch officials.

SEC. 107. OFFICE OF LOBBYING REGISTRATION AND PUBLIC DISCLOSURE.

    (a) Establishment and Director.--
            (1) Establishment.--There is established an executive 
        agency to be known as the office of Lobbying Registration and 
        Public Disclosure.
            (2) Director.--(A) the Office shall be headed by a 
        Director, who shall be appointed by the President, by and with 
        the advice and consent of the Senate.
            (B) The Director shall be an individual who, by 
        demonstrated ability, background, training, and experience, is 
        qualified to carry out the functions of the position. The term 
        of service of the Director shall be 5 years.
            (C) Section 5316 of title 5, United States Code, is amended 
        by adding at the end the following: ``Director of the Office of 
        Lobbying Registration and Public Disclosure''.
    (b) Administrative Powers.--The Director may--
            (1) appoint officers and employees, including attorneys, in 
        accordance with chapter 51 and subchapter III of chapter 53 of 
        title 5, United States Code, define their duties and 
        responsibilities, and direct and supervise their activities;
            (2) contract for financial and administrative services 
        (including those related to budget and accounting, financial 
        reporting, personnel, and procurement) with the General 
        Services Administration, or such Federal agency as the Director 
        determines appropriate, for which payment shall be made in 
        advance or by reimbursement from funds of the Office in such 
        amounts as may be agreed upon by the Director and the head of 
        the agency providing such services, but the contract authority 
        under this paragraph shall be effective for any fiscal year 
        only to the extent that appropriations are available for that 
        purpose;
            (3) request the head of any Federal department or agency 
        (who is hereby so authorized) to detail to temporary duties 
        with the Office such personnel within the agency head's 
        administrative jurisdiction as the Office may need for carrying 
        out its functions under this title, with or without 
        reimbursement;
            (4) request agency heads to provide information needed by 
        the office, which information shall be supplied to the extent 
        permitted by law;
            (5) utilize, with their consent, the services and 
        facilities of Federal agencies with or without reimbursement;
            (6) accept, use, and dispose of gifts or donations of 
        services or property, real, personal, or mixed, tangible or 
        intangible, for purposes of aiding or facilitating the work of 
        the Office; and
            (7) use the United States mails in the same manner and 
        under the same conditions as other departments and agencies of 
        the United States.
    (c) Cooperation With Other Governmental Agencies.--In order to 
avoid unnecessary expense and duplication of function among Government 
agencies, the Office may make such arrangements or agreements for 
cooperation or mutual assistance in the performance of its functions 
under this title as is practicable and consistent with law. The head of 
the General Services Administration and each department, agency, or 
establishment of the United States shall cooperate with the Office and, 
to the extent permitted by law, provide such information, services, 
personnel, and facilities as the Office may request for its assistance 
in the performance of its functions under this title.
    (d) Duties.--The Director shall--
            (1) after notice and a reasonable opportunity for public 
        comment, and consultation with the Secretary of the Senate, the 
        Clerk of the House of Representatives, and the Administrative 
        Conference of the United States, prescribe such regulations, 
        penalty guidelines, and forms as are necessary to carry out 
        this title;
            (2) provide guidance and assistance on the registration and 
        reporting requirements of this title, including--
                    (A) providing information to all registrants at the 
                time of registration about the obligations of 
                registered lobbyists under this title, and
                    (B) issuing published decisions and advisory 
                opinions;
            (3) review the registrations and reports filed under this 
        title and make such verifications or inquiries as are necessary 
        to ensure the completeness, accuracy, and timeliness of the 
        registrations and reports;
            (4) develop filing, coding, and cross-indexing systems to 
        carry out the purposes of this title, including--
                    (A) a publicly available list of all registered 
                lobbyists and their clients; and
                    (B) computerized systems designed to minimize the 
                burden of filing and maximize public access to 
                materials filed under this title;
            (5) ensure that the computer systems developed pursuant to 
        paragraph (4)--
                    (A) allow the materials filed under this title to 
                be accessed by the client name, lobbyist name, and 
                registrant name;
                    (B) are compatible with computer systems developed 
                and maintained by the Federal Election Commission, and 
                that information filed in the two systems can be 
                readily cross-referenced; and
                    (C) are compatible with computer systems developed 
                and maintained by the Secretary of the Senate and the 
                Clerk of the House of Representatives;
            (6) make copies of each registration and report filed under 
        this title available to the public, upon the payment of 
        reasonable fees, not to exceed the cost of such copies, as 
        determined by the Director, in written and electronic formats, 
        as soon as practicable after the date on which such 
        registration or report is received;
            (7) preserve the originals or accurate reproduction of--
                    (A) registrations filed under this title for a 
                period that ends not less than 3 years after the 
                termination of the registration under section 104(d); 
                and
                    (B) reports filed under this title for a period 
                that ends not less than 3 years after the date on which 
                the report is received;
            (8) maintain a computer record of--
                    (A) the information contained in registrations for 
                a period that end not less than 5 years after the 
                termination of the registration under section 104(d); 
                and
                    (B) the information contained in reports filed 
                under this title for a period that ends not less than 5 
                years after the date on which the reports are received;
            (9) compile and summarize, with respect to each semiannual 
        period, the information contained in registrations and reports 
        filed with respect to such period in a manner which clearly 
        presents the extent and nature of expenditures on lobbying 
        activities during such period;
            (10) make information compiled and summarized under 
        paragraph (9) available to the public in electronic and hard 
        copy formats as soon as practicable after the close of each 
        semiannual filing period;
            (11) provide, by computer telecommunication or other 
        transmittal in a form accessible by computer, to the Secretary 
        of the Senate and the Clerk of the House of Representatives 
        copies of all registrations and reports received under sections 
        104 and 105 and all compilations, cross-indexes, and summaries 
        of such registrations and reports, as soon as practicable (but 
        not later than 3 working days) after such material is received 
        or created;
            (12) make available to the public a list of all persons 
        whom the Director determines, under section 109 (after 
        exhaustion of all appeals under section 111) to have committed 
        a major or minor violation of this title and submit such list 
        to the Congress as part of the report provided for under 
        paragraph (13);
            (13) make available to the public upon request and transmit 
        to the President, the Secretary of the Senate, the Clerk of the 
        House of Representatives, the Committee on Governmental Affairs 
        of the Senate, and the Committee on the Judiciary of the House 
        of Representatives a report, not later than March 31 of each 
        year, describing the activities of the Office and the 
        implementation of this title, including--
                    (A) a financial statement for the preceding fiscal 
                year;
                    (B) a summary of the registrations and reports 
                filed with the Office with respect to the preceding 
                calendar year;
                    (C) a summary of the registrations and reports 
                filed on behalf of foreign entities with respect to the 
                preceding calendar year; and
                    (D) recommendations for such legislative or other 
                action as the Director considers appropriate; and
            (14) study the appropriateness of the definition of 
        ``public official'' under section 103(17) and make 
        recommendations for any change in such definition in the first 
        report filed pursuant to paragraph (13).

SEC. 108. INITIAL PROCEDURES FOR ALLEGED VIOLATIONS.

    (a) Allegation of a Violation.--Whenever the Office of Lobbying 
Registration and Public Disclosure has reason to believe that a person 
or entity may be in violation of the requirements of this title, the 
Director shall notify the person or entity in writing of the nature of 
the alleged violation and provide an opportunity for the person or 
entity to respond in writing to the allegation within 30 days after the 
notification is sent or such longer period as the Director may 
determine appropriate in the circumstances.
    (b) Initial Determination.--
            (1) In general.--If the person or entity responds within 
        the period described in the notification under subsection (a), 
        the Director shall--
                    (A) issue a written determination that the person 
                or entity has not violated this title if the person or 
                entity provides adequate information or explanation to 
                make such determination; or
                    (B) make a formal request for information under 
                subsection (c) or a notification under section 109(a), 
                if the information or explanation provided is not 
                adequate to make a determination under subparagraph 
                (A).
            (2) Written decision.--If the Director makes a 
        determination under paragraph (1)(A), the Director shall issue 
        a public written decision in accordance with section 110.
    (c) Formal Request for Information.--If a person or entity fails to 
respond in writing within the period described in the notification 
under subsection (a) or the response is not adequate to determine 
whether such person or entity has violated this title, the Director may 
make a formal request for specific additional written information 
(subject to applicable privileges) that is reasonably necessary for the 
Director to make such determination. Each such request shall be 
structured to minimize any burden imposed, consistent with the need to 
determine whether the person or entity is in compliance with this 
title, and shall--
            (1) state the nature of the conduct constituting the 
        alleged violation which is the basis for the inquiry and the 
        provision of law applicable thereto;
            (2) describe the class or classes of material to be 
        produced pursuant to the request with such definiteness and 
        certainty as to permit such material to be readily identified; 
        and
            (3) prescribe a return date or dates which provide a 
        reasonable period of time within which the person or entity may 
        assemble and make available for inspection and copying or 
        reproduction the material so requested.

SEC. 109. DETERMINATIONS OF VIOLATIONS.

    (a) Notification and Hearing.--If the information provided to the 
Director under section 108 indicates that a person or entity may have 
violated this title, the Director shall--
            (1) notify the person or entity in writing of this finding 
        and, if appropriate, a proposed penalty assessment and provide 
        such person or entity with an opportunity to respond in writing 
        within 30 days after the notice is sent; and
            (2) if requested in writing by that person or entity within 
        that 30-day period, afford the person or entity an opportunity 
        for a hearing on the record under the provisions of section 554 
        of title 5, United States Code.
    (b) Determination.--Upon the receipt of a written response under 
subsection (a)(1) when no hearing under subsection (a)(2) is requested, 
upon the completion of a hearing requested under subsection (a)(2), or 
upon the expiration of 30 days in a case in which no such written 
response is received, the Director shall review the information 
received under section 108 and this section (including evidence 
presented at any such hearing) and make a final determination whether 
there was a violation and a final determination of the penalty, if any. 
If no written response was received under this section within the 30-
day period provided, the determination and penalty assessment shall 
constitute a final order not subject to appeal.
    (c) Written Decision.--
            (1) Determination of violation.--If the Director makes a 
        final determination under subsection (b) that there was a 
        violation, the Director shall issue a written decision in 
        accordance with section 110--
                    (A) directing the person or entity to correct the 
                violation; and
                    (B) assessing a civil monetary penalty--
                            (i) in the case of a minor violation, which 
                        shall be no more than $10,000, depending on the 
                        extent and gravity of the violation;
                            (ii) in the case of a major violation, 
                        which shall be more than $10,000, but no more 
                        than $200,000, depending on the extent and 
                        gravity of the violation;
                            (iii) in the case of a late registration or 
                        filing, which shall be $200 for each week by 
                        which the registration or filing was late, 
                        unless the Director determines that the failure 
                        to timely register or file constitutes a major 
                        violation (as defined under subsection (e)(2)) 
                        in which case the amount shall be as prescribed 
                        by clause (ii); or
                            (iv) in the case of a failure to provide 
                        information requested by the Director pursuant 
                        to section 108(c), which shall be no more than 
                        $10,000, depending on the extent and gravity of 
                        the violation, except that no penalty shall be 
                        assessed if the Director determines that the 
                        violation was the result of a good faith 
                        dispute over the validity or appropriate scope 
                        of a request for information.
            (2) Determination of no violation or insufficient 
        evidence.--If the Director determines that no violation 
        occurred or there was not sufficient evidence that a violation 
        occurred, the Director shall issue a written decision in 
        accordance with section 110.
    (d) Civil Injunctive Relief.--If a person or entity fails to comply 
with a directive to correct a violation under subsection (c), the 
Director shall refer the case to the Attorney General to seek civil 
injunctive relief in the appropriate court of the United States to 
compel such person or entity to comply with such directive.
    (e) Penalty Assessments.--
            (1) General rule.--No penalty shall be assessed under this 
        section unless the Director finds that the person or entity 
        subject to the penalty knew or should have known that such 
        person or entity was in violation of this title. In determining 
        the amount of a penalty to be assessed, the Director shall take 
        into account the totality of the circumstances, including the 
        extent and gravity of the violation, whether the violation was 
        voluntarily admitted and corrected, the extent to which the 
        person or entity may have profited from the violation, the 
        ability of the person or entity to pay, and such other matters 
        as justice may require.
            (2) Regulations.--Regulations prescribed by the Director 
        under section 107 shall define major and minor violations. 
        Major violations shall be defined to include a failure to 
        register and any other violation that is extensive or repeated, 
        if the person or entity who failed to register or committed 
        such other violation--
                    (A) had actual knowledge that the conduct 
                constituted a violation;
                    (B) acted in deliberate ignorance of the provisions 
                of this title or regulations related to the conduct 
                constituting a violation; or
                    (C) acted in reckless disregard of the provisions 
                of this title or regulations related to the conduct 
                constituting a violation.
    (f) Limitation.--No proceeding shall be initiated under section 108 
or this section unless the Director notifies the person or entity who 
is to be the subject of the proceeding of the alleged violation within 
3 years after the date on which the alleged violation occurred.

SEC. 110. DISCLOSURE OF INFORMATION; WRITTEN DECISIONS.

    (a) Disclosure of Information.--Information provided to the 
Director pursuant to sections 108 and 109 shall not be made available 
to the public without the consent of the person or entity providing the 
information, except to the extent that such information may be included 
in--
            (1) a new or amended report or registration filed under 
        this title; or
            (2) a written decision issued by the Director under this 
        section.
    (b) Written Decisions.--All written decisions issued by the 
Director under sections 108 and 109 shall be made available to the 
public. The Director may provide for the publication of a written 
decision if the Director determines that publication would provide 
useful guidance. Before making a written decision public, the 
Director--
            (1) shall delete information that would identify a person 
        or entity who was alleged to have violated this title if--
                    (A) there was insufficient evidence to determine 
                that the person or entity violated this title or the 
                Director found that person or entity did not violate 
                this title; and
                    (B) the person or entity so requests; and
            (2) shall delete information that would identify any other 
        person or entity (other than a person or entity who was found 
        to have violated this title), if the Director determines that 
        such person or entity could reasonably be expected to be 
        injured by the disclosure of such information.

SEC. 111. JUDICIAL REVIEW.

    (a) Final Decision.--A written decision issued by the Director 
under section 109 shall become final 60 days after the date on which 
the Director provides notice of the decision, unless such decision is 
appealed under subsection (b) of this section.
    (b) Appeal.--Any person or entity adversely affected by a written 
decision issued by the Director under section 109 may appeal such 
decision, except as provided under section 109(b), to the appropriate 
United States court of appeals. Such review may be obtained by filing a 
written notice of appeal in such court no later than 60 days after the 
date on which the Director provides notice of the Director's decision 
and by simultaneously sending a copy of such notice of appeal to the 
Director. The Director shall file in such court the record upon which 
the decision was issued, as provided under section 2112 of title 28, 
United States Code. The findings of fact of the Director shall be 
conclusive, unless found to be unsupported by substantial evidence, as 
provided under section 706(2)(E) of title 5, United States Code. Any 
penalty assessed or other action taken in the decision shall be stayed 
during the pendency of the appeal.
    (c) Recovery of Penalty.--Any penalty assessed in a written 
decision which has become final under this title may be recovered in a 
civil action brought by the Attorney General in an appropriate United 
States district court. In any such action, no matter that was raised or 
that could have been raised before the Director or pursuant to judicial 
review under subsection (b) may be raised as a defense, and the 
determination of liability and the determination of amounts of 
penalties and assessments shall not be subject to review.

SEC. 112. RULES OF CONSTRUCTION.

    (a) Constitutional Rights.--Nothing in this title shall be 
construed to prohibit or interfere with--
            (1) the right to petition the government for the redress of 
        grievances;
            (2) the right to express a personal opinion; or
            (3) the right of association,
protected by the First Amendment to the Constitution.
    (b) Prohibition of Activities.--Nothing in this title shall be 
construed to prohibit, or to authorize the Director or any court to 
prohibit, lobbying activities or lobbying contacts by any person or 
entity, regardless of whether such person or entity is in compliance 
with the requirements of this title.
    (c) Audit and Investigations.--Nothing in this title shall be 
construed to grant general audit or investigative authority to the 
Director.

SEC. 113. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT.

    The Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) 
is amended--
            (1) in section 1--
                    (A) by striking subsection (j);
                    (B) in subsection (o) by striking ``the 
                dissemination of political propaganda and any other 
                activity which the person engaging therein believes 
                will, or which he intends to, prevail upon, 
                indoctrinate, convert, induce, persuade, or in any 
                other way influence'' and inserting ``any activity that 
                the person engaging in believes will, or that the 
                person intends to, in any way influence'';
                    (C) in subsection (p) by striking the semicolon and 
                inserting a period; and
                    (D) by striking subsection (q);
            (2) in section 3(g) (22 U.S.C. 613(g)), by striking 
        ``established agency proceedings, whether formal or informal.'' 
        and inserting ``judicial proceedings, criminal or civil law 
        enforcement inquiries, investigations, or proceedings, or 
        agency proceedings required by statute or regulation to be 
        conducted on the record.'';
            (3) in section 3 (22 U.S.C. 613) by adding at the end the 
        following:
    ``(h) Any agent of a person described in section 1(b)(2) or an 
entity described in section 1(b)(3) if the agent is required to 
register and does register under the Lobbying Disclosure Act of 1994 in 
connection with the agent's representation of such person or entity.'';
            (4) in section 4(a) (22 U.S.C. 614(a))--
                    (A) by striking ``political propaganda'' and 
                inserting ``informational materials''; and
                    (B) by striking ``and a statement, duly signed by 
                or on behalf of such an agent, setting forth full 
                information as to the places, times, and extent of such 
                transmittal'';
            (5) in section 4(b) (22 U.S.C. 614(b))--
                    (A) in the matter preceding clause (i), by striking 
                ``political propaganda'' and inserting ``informational 
                materials''; and
                    (B) by striking ``(i) in the form of prints, or'' 
                and all that follows through the end of the subsection 
                and inserting ``without placing in such informational 
                materials a conspicuous statement that the materials 
                are distributed by the agent on behalf of the foreign 
                principal, and that additional information is on file 
                with the Department of Justice, Washington, District of 
                Columbia. The Attorney General may by rule define what 
                constitutes a conspicuous statement for the purposes of 
                this subsection.'';
            (6) in section 4(c)(22 U.S.C. 614(c)), by striking 
        ``political propaganda'' and inserting ``informational 
        materials'';
            (7) in section 6 (22 U.S.C. 616)--
                    (A) in subsection (a) by striking ``and all 
                statements concerning the distribution of political 
                propaganda'';
                    (B) in subsection (b) by striking ``, and one copy 
                of every item of political propaganda''; and
                    (C) in subsection (c) by striking ``copies of 
                political propaganda,'';
            (8) in section 8 (22 U.S.C. 618)--
                    (A) in subsection (a)(2) by striking ``or in any 
                statement under section 4(a) hereof concerning the 
                distribution of political propaganda''; and
                    (B) by striking subsection (d); and
            (9) in section 11 (22 U.S.C. 621) by striking ``, including 
        the nature, sources, and content of political propaganda 
        disseminated or distributed''.

SEC. 114. AMENDMENTS TO THE BYRD AMENDMENT.

    (a) Revised Certification Requirements.--Section 1352(b) of title 
31, United States Code, is amended--
            (1) in paragraph (2) by striking subparagraphs (A), (B), 
        and (C) and inserting the following:
                    ``(A) the name of any registrant under the Lobbying 
                Disclosure Act of 1994 who has made lobbying contacts 
                on behalf of the person with respect to that Federal 
                contract, grant, loan, or cooperative agreement; and
                    ``(B) a certification that the person making the 
                declaration has not made, and will not make, any 
                payment prohibited by subsection (a).'';
            (2) in paragraph (3) by striking all that follows ``loan 
        shall contain'' and inserting ``the name of any registrant 
        under the Lobbying Disclosure Act of 1994 who has made lobbying 
        contacts on behalf of the person in connection with that loan 
        insurance or guarantee.''; and
            (3) by striking paragraph (6) and redesignating paragraph 
        (7) as paragraph (6).
    (b) Removal of Obsolete Reporting Requirement.--Section 1352 of 
title 31, United States Code, is further amended--
            (1) by striking subsection (d); and
            (2) redesignating subsections (e), (f), (g), and (h) as 
        subsections (d), (e), (f), and (g), respectively.

SEC. 115. REPEAL OF CERTAIN LOBBYING PROVISIONS.

    (a) Repeal of the Federal Regulation of Lobbying Act.--The Federal 
Regulation of Lobbying Act (2 U.S.C. 261 et seq.) is repealed.
    (b) Repeal of Provisions Relating to Housing Lobbyist Activities.--
            (1) Section 13 of the Department of Housing and Urban 
        Development Act (42 U.S.C. 3537b) is repealed.
            (2) Section 536(d) of the Housing Act of 1949 (42 U.S.C. 
        1490p(d)) is repealed.

SEC. 116. CONFORMING AMENDMENTS TO OTHER STATUTES.

    (a) Amendment to Competitiveness Policy Council Act.--Section 
5206(e) of the Competitiveness Policy Council Act (15 U.S.C. 4804(e)) 
is amended by inserting ``or a lobbyist for a foreign entity (as the 
terms `lobbyist' and `foreign entity' are defined under section 103 of 
the Lobbying Disclosure Act of 1994)'' after ``an agent for a foreign 
principal''.
    (b) Amendments to Title 18, United States Code.--Section 219(a) of 
title 18, United States Code, is amended (1) by inserting ``or a 
lobbyist required to register under the Lobbying Disclosure Act of 1994 
in connection with the representation of a foreign entity, as defined 
in section 103(7) of that Act'' after ``an agent of a foreign principal 
required to register under the Foreign Agents Registration Act of 
1938'', and (2) by striking out ``, as amended,''.
    (c) Amendment to Foreign Service Act of 1980.--Section 602(c) of 
the Foreign Service Act of 1980 (22 U.S.C. 4002(c)) is amended by 
inserting ``or a lobbyist for a foreign entity (as defined in section 
103(7) of the Lobbying Disclosure Act of 1994)'' after ``an agent of a 
foreign principal (as defined by section 1(b) of the Foreign Agents 
Registration Act of 1938''.

SEC. 117. SEVERABILITY.

    If any provision of this title, or the application thereof, is held 
invalid, the validity of the remainder of this title and the 
application of such provision to other persons and circumstances shall 
not be affected thereby.

SEC. 118. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal years 1995, 
1996, 1997, 1998, and 1999 such sums as may be necessary to carry out 
this title.

SEC. 119. IDENTIFICATION OF CLIENTS AND COVERED OFFICIALS.

    (a) Oral Lobbying Contacts.--Any person or entity that makes an 
oral lobbying contact with a covered legislative branch official or a 
covered executive branch official shall, on the request of the official 
at the time of the lobbying contact--
            (1) state whether the person or entity is registered under 
        this title and identify the client on whose behalf the lobbying 
        contact is made; and
            (2) state whether such client is a foreign entity and 
        identify any foreign entity required to be disclosed under 
        section 104(b)(4) that has a direct interest in the outcome of 
        the lobbying activity.
    (b) Written Lobbying Contacts.--Any person or entity registered 
under this title that makes a written lobbying contact (including an 
electronic communication) with a covered legislative branch official or 
a covered executive branch official shall--
            (1) if the client on whose behalf the lobbying contact was 
        made is a foreign entity, identify such client, state that the 
        client is considered a foreign entity under this title, and 
        state whether the person making the lobbying contact is 
        registered on behalf of that client under section 104; and
            (2) identify any other foreign entity identified pursuant 
        to section 104(b)(4) that has a direct interest in the outcome 
        of the lobbying activity.
    (c) Identification as Covered Official.--Upon request by a person 
or entity making a lobbying contact, the individual who is contacted or 
the office employing that individual shall indicate whether or not the 
individual is a covered legislative branch official or a covered 
executive branch official.

SEC. 120. TRANSITIONAL FILING REQUIREMENT.

    (a) Simultaneous Filing.--Subject to subsection (b), each 
registrant shall transmit simultaneously to the Secretary of the Senate 
and the Clerk of the House of Representatives an identical copy of each 
registration and report required to be filed under this title.
    (b) Sunset Provision.--The simultaneous filing requirement under 
subsection (a) shall be effective until such time as the Director, in 
consultation with the Secretary of the Senate and the Clerk of the 
House of Representatives, determines that the Office of Lobbying 
Registration and Public Disclosure is able to provide computer 
telecommunication or other transmittal or registrations and reports as 
required under section 107(b)(11).
    (c) Implementation.--The Director, the Secretary of the Senate, and 
the Clerk of the House of Representatives shall take such actions as 
necessary to ensure that the Office of Lobbying Registration and Public 
Disclosure is able to provide computer telecommunication or other 
transmittal of registrations and reports as required under section 
107(b)(11) on the effective date of this title, or as soon thereafter 
as reasonably practicable.

SEC. 121. EFFECTIVE DATES AND INTERIM RULES.

    (a) In General.--Except as otherwise provided in this section, this 
title and the amendments made by this title shall take effect January 
1, 1996.
    (b) Effective Date of Gift Prohibition.--Section 6 shall take 
effect on January 1, 1995. During calendar year 1995, such section 
shall apply to any gift provided by a lobbyist or an agent of a foreign 
principal registered under the Federal Regulation of Lobbying Act or 
the Foreign Agents Registration Act, including any person registered 
under such Acts as of July 1, 1994, or thereafter.
    (c) Establishment of Office.--Sections 107 and 108 shall take 
effect on the date of enactment of this Act.
    (d) Repeals and Amendments.--The repeals and amendments made under 
sections 113, 114, 115, and 116 shall take effect as provided under 
subsection (a), except that such repeals and amendments--
            (1) shall not affect any proceeding or suit commenced 
        before the effective date under subsection (a), and in all such 
        proceedings or suits, proceedings shall be had, appeals taken, 
        and judgments rendered in the same manner and with the same 
        effect as if this title had not been enacted; and
            (2) shall not affect the requirements of Federal agencies 
        to compile, publish, and retain information filed or received 
        before the effective date of such repeals and amendments.
    (e) Regulations.--Proposed regulations required to implement this 
title shall be published for public comment no later than 270 days 
after the date of the enactment of this Act. No later than 1 year after 
the date of the enactment of this Act, final regulations required to 
implement this title shall be published.
    (f) Phase-In Period.--No penalty shall be assessed by the Director 
under section 109(e) for a violation of this title, other than for a 
violation of section 106, which occurs during the first semiannual 
reporting period under section 105 after the effective date prescribed 
by subsection (a).
    (g) Interim Rules.--
            (1) Reporting rule.--A person or entity that is required to 
        account for lobbying expenditures and does account for lobbying 
        expenditures pursuant to section 162(e) of the Internal Revenue 
        Code of 1986 may make a good faith estimate (by category of 
        dollar value) of the amount that would not be deductible 
        pursuant to that section for the applicable semiannual period 
        to meet the requirements of sections 104(a)(3), 105(a)(2), and 
        105(b)(4), if the person or entity--
                    (A) makes such an estimate to meet the requirements 
                of each such section of this title for a given calendar 
                year; and
                    (B) informs the Director that the person or entity 
                is making such an estimate in any registration or 
                report including such an estimate.
            (2) De minimus rule.--In determining whether its employees 
        are lobbyists under section 103(12)--
                    (A) a person or entity that is required to report 
                and does report lobbying expenditures pursuant to 
                section 6033(b)(8) of the Internal Revenue Code of 
                1986, and makes an estimate of expenses pursuant to 
                section 105(c)(4) of this title to meet the 
                requirements of sections 104(a)(3), 105(a)(2), 
                105(b)(4), and 105(b)(6) of this title, shall, in lieu 
                of using the definition of ``lobbying activities'' in 
                section 103(9) of this title, consider as lobbying 
                activities--
                            (i) activities that are influencing 
                        legislation as defined in section 4911(d) of 
                        the Internal Revenue Code of 1986;
                            (ii) activities described in section 
                        4911(d)(2)(C) of the Internal Revenue Code of 
                        1986; and
                            (iii) lobbying activities (as defined in 
                        section 103(9)) that are in support of a 
                        lobbying contact with a covered executive 
                        branch official; and
                    (B) a person or entity that is required to account 
                for lobbying expenditures and does account for lobbying 
                expenditures pursuant to section 162(e) of the Internal 
                Revenue Code of 1986, and makes an estimate of expenses 
                pursuant to paragraph (1) of this subsection, shall, in 
                lieu of using the definition of ``lobbying activities'' 
                in section 103(9), consider as lobbying activities--
                            (i) activities that are influencing 
                        legislation within the meaning of section 
                        162(e)(1)(A) of the Internal Revenue Code of 
                        1986;
                            (ii) activities that are attempts to 
                        influence the general public, as described in 
                        section 162(e)(1)(C) of the Internal Revenue 
                        Code of 1986; and
                            (iii) lobbying activities (as defined in 
                        section 103(9)) that are in support of a 
                        lobbying contact with a covered executive 
                        branch official.
            (3) Study.--Not later than March 31, 1997, the Comptroller 
        General of the United States shall review reporting by 
        registrants under paragraph (1) of this section and section 
        105(c)(4) and report to the Congress--
                    (A) the differences between the definition of 
                ``lobbying activities'' in section 103(9) and the 
                definitions of ``lobbying expenditures'', ``influencing 
                legislation'', and related terms in sections 162(e) and 
                4911 of the Internal Revenue Code of 1986, as each are 
                implemented by regulations;
                    (B) the impact that any such differences may have 
                on filing and reporting under this title pursuant to 
                this subsection; and
                    (C) any changes to this title or to the appropriate 
                sections of the Internal Revenue Code of 1986 that the 
                Comptroller General may recommend to harmonize the 
                definitions.
            (4) Sunset period.--This subsection shall cease to be 
        effective on December 31, 1998.
    (h) Interim Director.--Within 30 days after the date of the 
enactment of this Act, the President shall designate an interim 
Director of the Office of Lobbying Registration and Public Disclosure, 
who shall serve at the pleasure of the President until a Director of 
such Office has been nominated by the President and confirmed by the 
Senate. The interim Director may not promulgate final regulations 
pursuant to section 107(d) or initiate procedures for alleged 
violations pursuant to sections 108 and 109.

                   TITLE II--CONGRESSIONAL GIFT RULES

SEC. 201. AMENDMENTS TO SENATE RULES.

    Rule XXXV of the Standing Rules of the Senate is amended to read as 
follows:
    ``1. No Member, officer, or employee of the Senate shall accept a 
gift, knowing that such gift is provided by a registered lobbyist, a 
lobbying firm, or an agent of a foreign principal in violation of the 
Lobbying Disclosure Act of 1994.
    ``2. (a) In addition to the restriction on receiving gifts from 
registered lobbyists, lobbying firms, and agents of foreign principals 
provided by paragraph 1 and except as provided in this Rule, no Member, 
officer, or employee of the Senate shall knowingly accept a gift from 
any other person.
    ``(b)(1) For the purpose of this Rule, the term `gift' means any 
gratuity, favor, discount, entertainment, hospitality, loan, 
forbearance, or other item having monetary value. The term includes 
gifts of services, training, transportation, lodging, and meals, 
whether provided in kind, by purchase of a ticket, payment in advance, 
or reimbursement after the expense has been incurred.
    ``(2) A gift to the spouse or dependent of a Member, officer, or 
employee (or a gift to any other individual based on that individual's 
relationship with the Member, officer, or employee) shall be considered 
a gift to the Member, officer, or employee if it is given with the 
knowledge and acquiescence of the Member, officer, or employee and the 
Member, officer, or employee has reason to believe the gift was given 
because of the official position of the Member, officer, or employee.
    ``(c) The restrictions in subparagraph (a) shall not apply to the 
following:
            ``(1) Anything for which the Member, officer, or employee 
        pays the market value, or does not use and promptly returns to 
        the donor.
            ``(2) A contribution, as defined in the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully 
        made under that Act, or attendance at a fundraising event 
        sponsored by a political organization described in section 
        527(e) of the Internal Revenue Code of 1986.
            ``(3) Anything provided by an individual on the basis of a 
        personal or family relationship unless the Member, officer, or 
        employee has reason to believe that, under the circumstances, 
        the gift was provided because of the official position of the 
        Member, officer, or employee and not because of the personal or 
        family relationship. The Select Committee on Ethics shall 
        provide guidance on the applicability of this clause and 
        examples of circumstances under which a gift may be accepted 
        under this exception.
            ``(4) A contribution or other payment to a legal expense 
        fund established for the benefit of a Member, officer, or 
        employee that is otherwise lawfully made.
            ``(5) Any food or refreshments which the recipient 
        reasonably believes to have a value of less than $20.
            ``(6) Any gift from another Member, officer, or employee of 
        the Senate or the House of Representatives.
            ``(7) Food, refreshments, lodging, and other benefits--
                    ``(A) resulting from the outside business or 
                employment activities (or other outside activities that 
                re not connected to the duties of the Member, officer, 
                or employee as an officeholder) of the Member, officer, 
                or employee, or the spouse of the Member, officer, or 
                employee, if such benefits have not been offered or 
                enhanced because of the official position of the 
                Member, officer, or employee and are customarily 
                provided to others in similar circumstances;
                    ``(B) customarily provided by a prospective 
                employer in connection with bona fide employment 
                discussions; or
                    ``(C) provided by a political organization 
                described in section 527(e) of the Internal Revenue 
                Code of 1986 in connection with a fundraising or 
                campaign event sponsored by such an organization.
            ``(8) Pension and other benefits resulting from continued 
        participation in an employee welfare and benefits plan 
        maintained by a former employer.
            ``(9) Informational materials that are sent to the office 
        of the Member, officer, or employee in the form of books, 
        articles, periodicals, other written materials, audio tapes, 
        videotapes, or other forms of communication.
            ``(10) Awards or prizes which are given to competitors in 
        contests or events open to the public, including random 
        drawings.
            ``(11) Honorary degrees (and associated travel, food, 
        refreshments, and entertainment) and other bona fide, 
        nonmonetary awards presented in recognition of public service 
        (and associated food, refreshments, and entertainment provided 
        in the presentation of such degrees and awards).
            ``(12) Donations of products from the State that the Member 
        represents that are intended primarily for promotional 
        purposes, such as display or free distribution, and are of 
        minimal value to any individual recipient.
            ``(13) Food, refreshments, and entertainment provided to a 
        Member or an employee of a Member in the Member's home State, 
        subject to reasonable limitations, to be established by the 
        Committee on Rules and Administration.
            ``(14) An item of little intrinsic value such as a greeting 
        card, baseball cap, or a T shirt.
            ``(15) Training (including food and refreshments furnished 
        to all attendees as an integral part of the training) provided 
        to a Member, officer, or employee, if such training is in the 
        interest of the Senate.
            ``(16) Bequests, inheritances, and other transfers at 
        death.
            ``(17) Any item, the receipt of which is authorized by the 
        Foreign Gifts and Decorations Act, the Mutual Educational and 
        Cultural Exchange Act, or any other statute.
            ``(18) Anything which is paid for by the Federal 
        Government, by a State or local government, or secured by the 
        Government under a Government contract.
            ``(19) A gift of personal hospitality of an individual, as 
        defined in section 109(14) of the Ethics in Government Act.
            ``(20) Free attendance at a widely attended event permitted 
        pursuant to subparagraph (d).
            ``(21) Opportunities and benefits which are--
                    ``(A) available to the public or to a class 
                consisting of all Federal employees, whether or not 
                restricted on the basis of geographic consideration;
                    ``(B) offered to members of a group or class in 
                which membership is unrelated to congressional 
                employment;
                    ``(C) offered to members of an organization, such 
                as an employees' association or congressional credit 
                union, in which membership is related to congressional 
                employment and similar opportunities are available to 
                large segments of the public through organizations of 
                similar size;
                    ``(D) offered to any group or class that is not 
                defined in a manner that specifically discriminates 
                among Government employees on the basis of branch of 
                Government or type of responsibility, or on a basis 
                that favors those of higher rank or rate of pay;
                    ``(E) in the form of loans from banks and other 
                financial institutions on terms generally available to 
                the public; or
                    ``(F) in the form of reduced membership or other 
                fees for participation in organization activities 
                offered to all Government employees by professional 
                organizations if the only restrictions on membership 
                relate to professional qualifications.
            ``(22) A plaque, trophy, or other memento of modest value.
            ``(23) Anything for which, in an unusual case, a waiver is 
        granted by the Select Committee on Ethics.
    ``(d)(1) Except as prohibited by paragraph 1, a Member, officer, or 
employee may accept an offer of free attendance at a widely attended 
convention, conference, symposium, form, panel discussion, dinner, 
viewing, reception, or similar event, provided by the sponsor of the 
event, if--
            ``(A) the Member, officer, or employee participates in the 
        event as a speaker or a panel participant, by presenting 
        information related to Congress or matters before Congress, or 
        by performing a ceremonial function appropriate to the 
        Member's, officer's, or employee's official position; or
            ``(B) attendance at the event is appropriate to the 
        performance of the official duties or representative function 
        of the Member, officer, or employee.
    ``(2) A Member, officer, or employee who attends an event described 
in clause (1) may accept a sponsor's unsolicited offer of free 
attendance at the event for an accompanying individual if others in 
attendance will generally be similarly accompanied or if such 
attendance is appropriate to assist in the representation of the 
Senate.
    ``(3) Except as prohibited by paragraph 1, a Member, officer, or 
employee, or the spouse or dependent thereof, may accept a sponsor's 
unsolicited offer of free attendance at a charity event, except that 
reimbursement for transportation and lodging may not be accepted in 
connection with the event.
    ``(4) For purposes of this paragraph, the term `free attendance' 
may include waiver of all or part of a conference or other fee, the 
provision of local transportation, or the provision of food, 
refreshments, entertainment, and instructional materials furnished to 
all attendees as an integral part of the event. The term does not 
include entertainment collateral to the event, or food or refreshments 
taken other than in a group setting with all or substantially all other 
attendees.
    ``(e) No Member, officer, or employee may accept a gift the value 
of which exceeds $250 on the basis of the personal relationship 
exception in subparagraph (c)(3) or the close personal friendship 
exception in section 106(d) of the Lobbying Disclosure Act of 1994 
unless the Select Committee on Ethics issues a written determination 
that one of such exceptions applies.
    ``(f)(1) The Committee on Rules and Administration is authorized to 
adjust the dollar amount referred to in subparagraph (c)(5) on a 
periodic basis, to the extent necessary to adjust for inflation.
    ``(2) The Select Committee on Ethics shall provide guidance setting 
forth reasonable steps that may be taken by Members, officers, and 
employees, with a minimum of paperwork and time, to prevent the 
acceptance of prohibited gifts from lobbyists.
    ``(3) When it is not practicable to return a tangible items because 
it is perishable, the time may, at the discretion of the recipient, be 
given to an appropriate charity or destroyed.
    ``3. (a)(1) Except as prohibited by paragraph 1, a reimbursement 
(including payment in kind) to a Member, officer, or employee for 
necessary transportation, lodging and related expenses for travel to a 
meeting, speaking engagement, factfinding trip or similar event in 
connection with the duties of the Member, officer, or employee as an 
officeholder shall be deemed to be a reimbursement to the Senate and 
not a gift prohibited by this rule, if the Member, officer, or 
employee--
            ``(A) in the case of an employee, receives advance 
        authorization, from the Member or officer under whose direct 
        supervision the employee works, to accept reimbursement, and
            ``(B) discloses the expenses reimbursed or to be reimbursed 
        and the authorization to the Secretary of the Senate within 30 
        days after the travel is completed.
    ``(2) For purposes of clause (1), events, the activities of which 
are substantially recreational in nature, shall not be considered to be 
in connection with the duties of a Member, officer, or employee as an 
officeholder.
    ``(b) Each advance authorization to accept reimbursement shall be 
signed by the Member or officer under whose direct supervision the 
employee works and shall include--
            ``(1) the name of the employee;
            ``(2) the name of the person who will make the 
        reimbursement;
            ``(3) the time, place, and purpose of the travel; and
            ``(4) a determination that the travel is in connection with 
        the duties of the employee as an officeholder and would not 
        create the appearance that the employee is using public office 
        for private gain.
    ``(c) Each disclosure made under subparagraph (a)(1) of expenses 
reimbursed or to be reimbursed shall be signed by the Member or officer 
(in the case of travel by that Member or officer) or by the Member or 
officer under whose direct supervision the employee works (in the case 
of travel by an employee) and shall include--
            ``(1) a good faith estimate of total transportation 
        expenses reimbursed or to be reimbursed;
            ``(2) a good faith estimate of total lodging expenses 
        reimbursed or to be reimbursed;
            ``(3) a good faith estimate of total meal expenses 
        reimbursed or to be reimbursed;
            ``(4) a good faith estimate of the total of other expenses 
        reimbursed or to be reimbursed;
            ``(5) a determination that all such expenses are necessary 
        transportation, lodging, and related expenses as defined in 
        this paragraph; and
            ``(6) in the case of a reimbursement to a Member or 
        officer, a determination that the travel was in connection with 
        the duties of the Member or officer as an officeholder and 
        would not create the appearance that the Member or officer is 
        using public office for private gain.
    ``(d) for the purposes of this paragraph, the term `necessary 
transportation, lodging, and related expenses'--
            ``(1) includes reasonable expenses that are necessary for 
        travel for a period not exceeding 3 days exclusive of 
        traveltime within the United States or 7 days exclusive of 
        traveltime outside of the United States unless approved in 
        advance by the Select Committee on Ethics;
            ``(2) is limited to reasonable expenditures for 
        transportation, lodging, conference fees and materials, land 
        food and refreshments, including reimbursement for necessary 
        transportation, whether or not such transportation occurs 
        within the periods described in clause (1);
            ``(3) does not include expenditures for recreational 
        activities, or entertainment other than that provided to all 
        attendees as an integral part of the event; and
            ``(4) may include travel expenses incurred on behalf of 
        either the spouse or a child of the Member, officer, or 
        employee, subject to a determination signed by the Member or 
        officer (or in the case of an employee, the Member or officer 
        under whose direct supervision the employee works) that the 
        attendance of the spouse or child is appropriate to assist in 
        the representation of the Senate.
    ``(e) The Secretary of the Senate shall make available to the 
public all advance authorizations and disclosures of reimbursement 
filed pursuant to subparagraph (a) as soon as possible after they are 
received.''.

SEC. 202. AMENDMENTS TO HOUSE RULES.

    Clause 4 of rule XLIII of the Rules of the House of Representatives 
is amended to read as follows:
    ``4. (a) No Member, officer, or employee of the House of 
Representatives shall accept a gift, knowing that such gift is provided 
directly or indirectly by a registered lobbyist, a lobbying firm, or an 
agent of a foreign principal in violation of the Lobbying Disclosure 
Act of 1994.
    ``(b) In addition to the restriction on receiving gifts from 
registered lobbyists, lobbying firms, and agents of foreign principals 
provided by paragraph (a) and except as provided in this Rule, no 
Member, officer, or employee of the House of Representatives shall 
knowingly accept a gift from any other person.
    ``(c)(1) For the purpose of this clause, the term `gift' means any 
gratuity, favor, discount, entertainment, hospitality, loan, 
forbearance, or other item having monetary value. The term includes 
gifts of services, training, transportation, lodging, and meals, 
whether provided in kind, by purchase of a ticket, payment in advance, 
or reimbursement after the expense has been incurred.
    ``(2) A gift to the spouse or dependent of a Member, officer, or 
employee (or a gift to any other individual based on that individual's 
relationship with the Member, officer, or employee) shall be considered 
a gift to the Member, officer, or employee if it is given with the 
knowledge and acquiescence of the Member, officer, or employee and the 
Member, officer, or employee has reason to believe the gift was given 
because of the official position of the Member, officer, or employee.
    ``(d) The restrictions in paragraph (b) shall not apply to the 
following:
            ``(1) Anything for which the Member, officer, or employee 
        pays the market value, or does not use and promptly returns to 
        the donor.
            ``(2) A contribution, as defined in the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully 
        made under that Act, or attendance at a fundraising event 
        sponsored by a political organization described in section 
        527(e) of the Internal Revenue Code of 1986.
            ``(3) Anything provided by an individual on the basis of a 
        personal or family relationship unless the Member, officer, or 
        employee has reason to believe that, under the circumstance, 
        the gift was provided because of the official position of the 
        Member, officer, or employee and not because of the personal or 
        family relationship. The Committee on Standards of Official 
        Conduct shall provide guidance on the applicability of this 
        clause and examples of circumstances under which a gift may be 
        accepted under this exception.
            ``(4) A contribution or other payment to a legal expense 
        fund established for the benefit of a Member, officer, or 
        employee that is otherwise lawfully made.
            ``(5) Any food or refreshments which the recipient 
        reasonably believes to have a value of less than $20.
            ``(6) Any gift from another Member, officer, or employee of 
        the Senate or the House of Representatives.
            ``(7) Food, refreshments, lodging, and other benefits--
                    ``(A) resulting from the outside business or 
                employment activities (or other outside activities that 
                are not connected to the duties of the Member, officer, 
                or employee as an officeholder) of the Member, officer, 
                or employee, or the spouse of the Member, officer, or 
                employee, if such benefits have not been offered or 
                enhanced because of the official position of the 
                Member, officer, or employee and are customarily 
                provided to others in similar circumstances;
                    ``(B) customarily provided by a prospective 
                employer in connection with bona fide employment 
                discussions; or
                    ``(C) provided by a political organization 
                described in section 527(e) of the Internal Revenue 
                Code of 1986 in connection with a fundraising or 
                campaign event sponsored by such an organization.
            ``(8) Pension and other benefits resulting from continued 
        participation in an employee welfare and benefits plan 
        maintained by a former employer.
            ``(9) Informational materials that are sent to the office 
        of the Member, officer, or employee in the form of books, 
        articles, periodicals, other written materials, audio tapes, 
        videotapes, or other forms of communication.
            ``(10) Awards or prizes which are given to competitors in 
        contests or events open to the public, including random 
        drawings.
            ``(11) Honorary degrees (and associated travel, food, 
        refreshments, and entertainment) and other bona fide, 
        nonmonetary awards presented in recognition of public service 
        (and associated food, refreshments, and entertainment provided 
        in the presentation of such degrees and awards).
            ``(12) Donations of products from the State that the Member 
        represents that are intended primarily for promotional 
        purposes, such as display or free distribution, and are of 
        minimal value to any individual recipient.
            ``(13) Food, refreshments, and entertainment provided to a 
        Member or an employee of a Member in the Member's home State, 
        subject to reasonable limitations, to be established by the 
        Committee on Standards of Official Conduct.
            ``(14) An item of little intrinsic value such as a greeting 
        card, baseball cap, or a T shirt.
            ``(15) Training (including food and refreshments furnished 
        to all attendees as an integral part of the training) provided 
        to a Member, officer, or employee, if such training is in the 
        interest of the House of Representatives.
            ``(16) Bequests, inheritances, and other transfers at 
        death.
            ``(17) Any item, the receipt of which is authorized by the 
        Foreign Gifts and Decorations Act, the Mutual Educational and 
        Cultural Exchange Act, or any other statute.
            ``(18) Anything which is paid for by the Federal 
        Government, by a State or local government, or secured by the 
        Government under a Government contract.
            ``(19) A gift of personal hospitality of an individual, as 
        defined in section 109(14) of the Ethics in Government Act.
            ``(20) Free attendance at a widely attended event permitted 
        pursuant to paragraph (e).
            ``(21) Opportunities and benefits which are--
                    ``(A) available to the public or to a class 
                consisting of all Federal employees, whether or not 
                restricted on the basis of geographic consideration;
                    ``(B) offered to members of a group or class in 
                which membership is unrelated to congressional 
                employment;
                    ``(C) offered to members of an organization, such 
                as an employees' association or congressional credit 
                union, in which membership is related to congressional 
                employment and similar opportunities are available to 
                large segments of the public through organizations of 
                similar size;
                    ``(D) offered to any group or class that is not 
                defined in a manner that specifically discriminates 
                among Government employees on the basis of branch of 
                Government or type of responsibility, or on a basis 
                that favors those of higher rank or rate of pay;
                    ``(E) in the form of loans from banks and other 
                financial institutions on terms generally available to 
                the public; or
                    ``(F) in the form of reduced membership or other 
                fees for participation in organization activities 
                offered to all Government employees by professional 
                organizations if the only restrictions on membership 
                relate to professional qualifications.
            ``(22) A plaque, trophy, or other memento of modest value.
            ``(23) Anything for which, in exceptional circumstances, a 
        waiver is granted by the Committee on Standards of Official 
        Conduct.
    ``(e)(1) Except as prohibited by paragraph (a), a Member, officer, 
or employee may accept an offer of free attendance at a widely attended 
convention, conference, symposium, forum, panel discussion, dinner, 
viewing, reception, or similar event, provided by the sponsor of the 
event, if--
            ``(A) the Member, officer, or employee participates in the 
        event as a speaker or a panel participant, by presenting 
        information related to Congress or matters before Congress, or 
        by performing a ceremonial function appropriate to the 
        Member's, officer's, or employee's official position; or
            ``(B) attendance at the event is appropriate to the 
        performance of the official duties or representative function 
        of the Member, officer, or employee.
    ``(2) A Member, officer, or employee who attends an event described 
in subparagraph (1) may accept a sponsor's unsolicited offer of free 
attendance at the event for an accompanying individual if others in 
attendance will generally be similarly accompanied or if such 
attendance is appropriate to assist in the representation of the House 
of Representatives.
    ``(3) Except as prohibited by paragraph (a), a Member, officer, or 
employee, or the spouse or dependent thereof, may accept a sponsor's 
unsolicited offer of free attendance at a charity event, except that 
reimbursement for transportation and lodging may not be accepted in 
connection with the event.
    ``(4) For purposes of this paragraph, the term `free attendance' 
may include waiver of all or part of a conference or other fee, the 
provision of local transportation, or the provision of food, 
refreshments, entertainment, and instructional materials furnished to 
all attendees as an integral part of the event. The term does not 
include entertainment collateral to the event, or food or refreshments 
taken other than in a group setting with all or substantially all other 
attendees.
    ``(f) No Member, officer, or employee may accept a gift the value 
of which exceeds $250 on the basis of the personal relationship 
exception in paragraph (d)(3) or the close personal friendship 
exception in section 106(d) of the Lobbying Disclosure Act of 1994 
unless the Committee on Standards of Official Conduct issues a written 
determination that one of such exceptions applies.
    ``(g)(1) The Committee on Standards of Official Conduct is 
authorized to adjust the dollar amount referred to in paragraph (c)(5) 
on a periodic basis, to the extent necessary to adjust for inflation.
    ``(2) The Committee on Standards of Official Conduct shall provide 
guidance setting forth reasonable steps that may be taken by Members, 
officers, and employees, with a minimum of paperwork and time, to 
prevent the acceptance of prohibited gifts from lobbyists.
    ``(3) When it is not practicable to return a tangible item because 
it is perishable, the item may, at the discretion of the recipient, be 
given to an appropriate charity or destroyed.
    ``(h)(1)(A) Except as prohibited by paragraph (a), a reimbursement 
(including payment in kind) to a Member, officer, or employee for 
necessary transportation, lodging and related expenses for travel to a 
meeting, speaking engagement, factfinding trip or similar event in 
connection with the duties of the Member, officer, or employee as an 
officeholder shall be deemed to be a reimbursement to the House of 
Representatives and not a gift prohibited by this paragraph, if the 
Member, officer, or employee--
            ``(i) in the case of an employee, receives advance 
        authorization, from the Member or officer under whose direct 
        supervision the employee works, to accept reimbursement, and
            ``(ii) discloses the expenses reimbursed or to be 
        reimbursed and the authorization to the Clerk of the House of 
        Representatives within 30 days after the travel is completed.
    ``(B) For purposes of clause (A), events, the activities of which 
are substantially recreational in nature, shall not be considered to be 
in connection with the duties of a Member, officer, or employee as an 
officeholder.
    ``(2) Each advance authorization to accept reimbursement shall be 
signed by the Member or officer under whose direct supervision the 
employee works and shall include--
            ``(A) the name of the employee;
            ``(B) the name of the person who will make the 
        reimbursement;
            ``(C) the time, place, and purpose of the travel; and
            ``(D) a determination that the travel is in connection with 
        the duties of the employee as an officeholder and would not 
        create the appearance that the employee is using public office 
        for private gain.
    ``(3) Each disclosure made under subparagraph (1)(A) of expenses 
reimbursed or to be reimbursed shall be signed by the Member or officer 
(in the case of travel by that Member or officer) or by the Member or 
officer under whose direct supervision the employee works (in the case 
of travel by an employee) and shall include--
            ``(A) a good faith estimate of total transportation 
        expenses reimbursed or to be reimbursed;
            ``(B) a good faith estimate of total lodging expenses 
        reimbursed or to be reimbursed;
            ``(C) a good faith estimate of total meal expenses 
        reimbursed or to be reimbursed;
            ``(D) a good faith estimate of the total of other expenses 
        reimbursed or to be reimbursed;
            ``(E) a determination that all such expenses are necessary 
        transportation, lodging, and related expenses as defined in 
        this paragraph; and
            ``(F) in the case of a reimbursement to a Member or 
        officer, a determination that the travel was in connection with 
        the duties of the Member or officer as an officeholder and 
        would not create the appearance that the Member or officer is 
        using public office for private gain.
    ``(4) For the purposes of this paragraph, the term `necessary 
transportation, lodging, and related expenses'--
            ``(A) includes reasonable expenses that are necessary for 
        travel--
                    ``(i) for a period not exceeding 4 days including 
                travel time within the United States or 7 days in 
                addition to travel time outside the United States; and
                    ``(ii) within 24 hours before or after 
                participation in an event in the United States or 
                within 48 hours before or after participation in an 
                event outside the United States,
        unless approved in advance by the Committee on Standards of 
        Official Conduct;
            ``(B) is limited to reasonable expenditures for 
        transportation, lodging, conference fees and materials, and 
        food and refreshments, including reimbursement for necessary 
        transportation, whether or not such transportation occurs 
        within the periods described in clause (A);
            ``(C) does not include expenditures for recreational 
        activities or entertainment other than that provided to all 
        attendees as an integral part of the event; and
            ``(D) may include travel expenses incurred on behalf of 
        either the spouse or a child of the Member, officer, or 
        employee, subject to a determination signed by the Member or 
        officer (or in the case of an employee, the Member or officer 
        under whose direct supervision the officer or employee works) 
        that the attendance the spouse or child is appropriate to 
        assist in the representation of the House of Representatives.
    ``(5) The Clerk of the House of Representatives shall make 
available to the public all advance authorizations and disclosures of 
reimbursement filed pursuant to subparagraph (1) as soon as possible 
after they are received.''.

SEC. 203. MISCELLANEOUS PROVISIONS.

    (a) Amendments to the Ethics in Government Act.--Section 
102(a)(2)(B) of the Ethics in Government Act (5 U.S.C. 102, App. 6) is 
amended by adding at the end thereof the following: ``Reimbursements 
accepted by a Federal agency pursuant to section 1353 of title 31, 
United States Code, or deemed accepted by the Senate or the House of 
Representatives pursuant to rule XXXV of the Standing Rules of the 
Senate or clause 4 of rule XLIII of the Rules of the House of 
Representatives shall be reported as required by such statute or rule 
and need not be reported under this section.''.
    (b) Repeal of Obsolete Provision.--Section 901 of the Ethics Reform 
Act of 1989 (2 U.S.C. 31-2) is repealed.
    (c) Senate Provisions.--
            (1) Authority of the committee on rules and 
        administration.--The Senate Committee on Rules and 
        Administration, on behalf of the Senate, may accept gifts 
        provided they do not involve any duty, burden, or condition, or 
        are not made dependent upon some future performance by the 
        United States. The Committee on Rules and Administration is 
        authorized to promulgate regulations to carry out this section.
            (2) Food, refreshments, and entertainment.--The rules on 
        acceptance of food, refreshments, and entertainment provided to 
        a Member of the Senate or an employee of such a Member in the 
        Member's home State before the adoption of reasonable 
        limitations by the Committee on Rules and Administration shall 
        be the rules in effect on the day before the effective date of 
        this title.
    (d) House Provision.--The rules on acceptance of food, 
refreshments, and entertainment provided to a Member of the House of 
Representatives or an employee of such a Member in the Member's home 
State before the adoption of reasonable limitations by the Committee on 
Standards of Official Conduct shall be the rules in effect on the day 
before the effective date of this title.

SEC. 204. EXERCISE OF CONGRESSIONAL RULEMAKING POWERS.

    Sections 201, 202, 203(c), and 203(d) of this title are enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and pursuant to 
        section 7353(b)(1) of title 5, United States Code, and 
        accordingly, they shall be considered as part of the rules of 
        each House, respectively, or of the House to which they 
        specifically apply, and such rules shall supersede other rules 
        only to the extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change such rules (insofar as they relate to 
        that House) at any time and in the same manner and to the same 
        extent as in the case of any other rule of that House.

SEC. 205. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
on January 1, 1995.
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