I

104TH CONGRESS

1ST SESSION H. R. 2261

To provide for the regulation of lobbyists and gift reform.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 6, 1995

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

bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Standards of Official Conduct, for a period to

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee

concerned

A BILL

To provide for the regulation of lobbyists and gift reform.

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

3 TITLE I—LOBBYING

4 DISCLOSURE

5 SEC. 101. SHORT TITLE.

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

7 Act of 1995’’.

8 SEC. 102. FINDINGS.

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

4 both the legislative and executive branches of the

5 Federal Government;

6 (2) existing lobbying disclosure statutes have

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

10 is required to register and what they are required to

11 disclose; and

12 (3) the effective public disclosure of the identity

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

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

17 SEC. 103. DEFINITIONS.

18 As used in this title:

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

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

21 United States Code.

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

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

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

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

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

6 association and not its individual members.

7 (3) COVERED EXECUTIVE BRANCH OFFICIAL.—

8 The term ‘‘covered executive branch official’’

9 means—

10 (A) the President;

11 (B) the Vice President;

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

13 individual functioning in the capacity of such

14 an officer or employee, in the Executive Office

15 of the President;

16 (D) any officer or employee serving in a

17 position in level I, II, III, IV, or V of the Exec18 utive Schedule, as designated by statute or Ex19 ecutive order;

20 (E) any member of the uniformed services

21 whose pay grade is at or above O–7 under sec22 tion 201 of title 37, United States Code; and

23 (F) any officer or employee serving in a

24 position of a confidential, policy-determining,

25 policy-making, or policy-advocating character
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1 described in section 7511(b)(2) of title 5, Unit2 ed States Code.

3 (4) COVERED LEGISLATIVE BRANCH OFFI4 CIAL.—The term ‘‘covered legislative branch official’’

5 means—

6 (A) a Member of Congress;

7 (B) an elected officer of either House of

8 Congress;

9 (C) any employee of, or any other individ10 ual functioning in the capacity of an employee

11 of—

12 (i) a Member of Congress;

13 (ii) a committee of either House of

14 Congress;

15 (iii) the leadership staff of the House

16 of Representatives or the leadership staff

17 of the Senate;

18 (iv) a joint committee of Congress;

19 and

20 (v) a working group or caucus orga21 nized to provide legislative services or

22 other assistance to Members of Congress;

23 and

24 (D) any other legislative branch employee

25 serving in a position described under section
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1 109(13) of the Ethics in Government Act of

2 1978 (5 U.S.C. App. 109(13)).

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

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

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

6 not include—

7 (A) independent contractors; or

8 (B) volunteers who receive no financial or

9 other compensation from the person or entity

10 for their services.

11 (6) FOREIGN ENTITY.—The term ‘‘foreign en12 tity’’ means a foreign principal (as defined in section

13 1(b) of the Foreign Agents Registration Act of 1938

14 (22 U.S.C. 611(b)).

15 (7) LOBBYING ACTIVITIES.—The term ‘‘lobby16 ing activities’’ means lobbying contacts and efforts

17 in support of such contacts, including preparation

18 and planning activities, research and other back19 ground work that is intended, at the time it is per20 formed, for use in contacts, and coordination with

21 the lobbying activities of others.

22 (8) LOBBYING CONTACT.—

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

24 contact’’ means any oral or written communica25 tion (including an electronic communication) to
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1 a covered executive branch official or a covered

2 legislative branch official that is made on behalf

3 of a client with regard to—

4 (i) the formulation, modification, or

5 adoption of Federal legislation (including

6 legislative proposals);

7 (ii) the formulation, modification, or

8 adoption of a Federal rule, regulation, Ex9 ecutive order, or any other program, policy,

10 or position of the United States Govern11 ment;

12 (iii) the administration or execution of

13 a Federal program or policy (including the

14 negotiation, award, or administration of a

15 Federal contract, grant, loan, permit, or li16 cense); or

17 (iv) the nomination or confirmation of

18 a person for a position subject to confirma19 tion by the Senate.

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

21 contact’’ does not include a communication that

22 is—

23 (i) made by a public official acting in

24 the public official’s official capacity;
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1 (ii) made by a representative of a

2 media organization if the purpose of the

3 communication is gathering and dissemi4 nating news and information to the public;

5 (iii) made in a speech, article, publica6 tion or other material that is distributed

7 and made available to the public, or

8 through radio, television, cable television,

9 or other medium of mass communication;

10 (iv) made on behalf of a government

11 of a foreign country or a foreign political

12 party and disclosed under the Foreign

13 Agents Registration Act of 1938 (22

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

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

16 for the status of an action, or any other

17 similar administrative request, if the re18 quest does not include an attempt to influ19 ence a covered executive branch official or

20 a covered legislative branch official;

21 (vi) made in the course of participa22 tion in an advisory committee subject to

23 the Federal Advisory Committee Act;

24 (vii) testimony given before a commit25 tee, subcommittee, or task force of the
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1 Congress, or submitted for inclusion in the

2 public record of a hearing conducted by

3 such committee, subcommittee, or task

4 force;

5 (viii) information provided in writing

6 in response to an oral or written request

7 by a covered executive branch official or a

8 covered legislative branch official for spe9 cific information;

10 (ix) required by subpoena, civil inves11 tigative demand, or otherwise compelled by

12 statute, regulation, or other action of the

13 Congress or an agency;

14 (x) made in response to a notice in

15 the Federal Register, Commerce Business

16 Daily, or other similar publication solicit17 ing communications from the public and

18 directed to the agency official specifically

19 designated in the notice to receive such

20 communications;

21 (xi) not possible to report without dis22 closing information, the unauthorized dis23 closure of which is prohibited by law;

24 (xii) made to an official in an agency

25 with regard to—
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1 (I) a judicial proceeding or a

2 criminal or civil law enforcement in3 quiry, investigation, or proceeding; or

4 (II) a filing or proceeding that

5 the Government is specifically re6 quired by statute or regulation to

7 maintain or conduct on a confidential

8 basis,

9 if that agency is charged with responsibil10 ity for such proceeding, inquiry, investiga11 tion, or filing;

12 (xiii) made in compliance with written

13 agency procedures regarding an adjudica14 tion conducted by the agency under section

15 554 of title 5, United States Code, or sub16 stantially similar provisions;

17 (xiv) a written comment filed in the

18 course of a public proceeding or any other

19 communication that is made on the record

20 in a public proceeding;

21 (xv) a petition for agency action made

22 in writing and required to be a matter of

23 public record pursuant to established agen24 cy procedures;
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1 (xvi) made on behalf of an individual

2 with regard to that individual’s benefits,

3 employment, or other personal matters in4 volving only that individual, except that

5 this clause does not apply to any commu6 nication with—

7 (I) a covered executive branch of8 ficial, or

9 (II) a covered legislative branch

10 official (other than the individual’s

11 elected Members of Congress or em12 ployees who work under such Mem13 bers’ direct supervision),

14 with respect to the formulation, modifica15 tion, or adoption of private legislation for

16 the relief of that individual;

17 (xvii) a disclosure by an individual

18 that is protected under the amendments

19 made by the Whistleblower Protection Act

20 of 1989, under the Inspector General Act

21 of 1978, or under another provision of law;

22 (xviii) made by—

23 (I) a church, its integrated auxil24 iary, or a convention or association of

25 churches that is exempt from filing a
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1 Federal income tax return under

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

3 of the Internal Revenue Code of 1986,

4 or

5 (II) a religious order that is ex6 empt from filing a Federal income tax

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

8 such section 6033(a); and

9 (xix) between—

10 (I) officials of a self-regulatory

11 organization (as defined in section

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

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

15 Commission as required by that Act

16 or a similar organization that is des17 ignated by or registered with the

18 Commodities Future Trading Com19 mission as provided under the Com20 modity Exchange Act; and

21 (II) the Securities and Exchange

22 Commission or the Commodities Fu23 ture Trading Commission, respec24 tively;
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1 relating to the regulatory responsibilities of

2 such organization under that Act.

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

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

5 employees who are lobbyists on behalf of a client

6 other than that person or entity. The term also in7 cludes a self-employed individual who is a lobbyist.

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

9 any individual who is employed or retained by a cli10 ent for financial or other compensation for services

11 that include more than one lobbying contact, other

12 than an individual whose lobbying activities con13 stitute less than 20 percent of the time engaged in

14 the services provided by such individual to that cli15 ent over a six month period.

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

17 organization’’ means a person or entity engaged in

18 disseminating information to the general public

19 through a newspaper, magazine, other publication,

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

21 mass communication.

22 (12) MEMBER OF CONGRESS.—The term

23 ‘‘Member of Congress’’ means a Senator or a Rep24 resentative in, or Delegate or Resident Commis25 sioner to, the Congress.
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1 (13) ORGANIZATION.—The term ‘‘organization’’

2 means a person or entity other than an individual.

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

4 or entity’’ means any individual, corporation, com5 pany, foundation, association, labor organization,

6 firm, partnership, society, joint stock company,

7 group of organizations, or State or local government.

8 (15) PUBLIC OFFICIAL.—The term ‘‘public offi9 cial’’ means any elected official, appointed official, or

10 employee of—

11 (A) a Federal, State, or local unit of gov12 ernment in the United States other than—

13 (i) a college or university;

14 (ii) a government-sponsored enterprise

15 (as defined in section 3(8) of the Congres16 sional Budget and Impoundment Control

17 Act of 1974);

18 (iii) a public utility that provides gas,

19 electricity, water, or communications;

20 (iv) a guaranty agency (as defined in

21 section 435(j) of the Higher Education Act

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

23 any affiliate of such an agency; or

24 (v) an agency of any State functioning

25 as a student loan secondary market pursu-
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1 ant to section 435(d)(1)(F) of the Higher

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

3 1085(d)(1)(F));

4 (B) a Government corporation (as defined

5 in section 9101 of title 31, United States

6 Code);

7 (C) an organization of State or local elect8 ed or appointed officials other than officials of

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

10 or (v) of subparagraph (A);

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

12 4(e) of the Indian Self-Determination and Edu13 cation Assistance Act (25 U.S.C. 450b(e));

14 (E) a national or State political party or

15 any organizational unit thereof; or

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

17 any foreign government.

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

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

20 commonwealth, territory, or possession of the United

21 States.

22 SEC. 104. REGISTRATION OF LOBBYISTS.

23 (a) REGISTRATION.—

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

25 after a lobbyist first makes a lobbying contact or is
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1 employed or retained to make a lobbying contact,

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

3 under paragraph (2), the organization employing

4 such lobbyist), shall register with the Secretary of

5 the Senate and the Clerk of the House of Represent6 atives.

7 (2) EMPLOYER FILING.—Any organization that

8 has 1 or more employees who are lobbyists shall file

9 a single registration under this section on behalf of

10 such employees for each client on whose behalf the

11 employees act as lobbyists.

12 (3) EXEMPTION.—

13 (A) GENERAL RULE.—Notwithstanding

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

15 whose—

16 (i) total income for matters related to

17 lobbying activities on behalf of a particular

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

19 not exceed and is not expected to exceed

20 $5,000; or

21 (ii) total expenses in connection with

22 lobbying activities (in the case of an orga23 nization whose employees engage in lobby24 ing activities on its own behalf) do not ex-
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1 ceed or are not expected to exceed

2 $20,000,

3 (as estimated under section 105) in the semi4 annual period described in section 105(a) dur5 ing which the registration would be made is not

6 required to register under subsection (a) with

7 respect to such client.

8 (B) ADJUSTMENT.—The dollar amounts in

9 subparagraph (A) shall be adjusted—

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

11 changes in the Consumer Price Index (as

12 determined by the Secretary of Labor)

13 since the date of enactment of this Act;

14 and

15 (ii) on January 1 of each fourth year

16 occurring after January 1, 1997, to reflect

17 changes in the Consumer Price Index (as

18 determined by the Secretary of Labor)

19 during the preceding 4-year period,

20 rounded to the nearest $500.

21 (b) CONTENTS OF REGISTRATION.—Each registra22 tion under this section shall contain—

23 (1) the name, address, business telephone num24 ber, and principal place of business of the registrant,
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1 and a general description of its business or activi2 ties;

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

4 business of the registrant’s client, and a general de5 scription of its business or activities (if different

6 from paragraph (1));

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

8 business of any organization, other than the client,

9 that—

10 (A) contributes more than $10,000 toward

11 the lobbying activities of the registrant in a

12 semiannual period described in section 105(a);

13 and

14 (B) in whole or in major part plans, super15 vises, or controls such lobbying activities.

16 (4) the name, address, principal place of busi17 ness, amount of any contribution of more than

18 $10,000 to the lobbying activities of the registrant,

19 and approximate percentage of equitable ownership

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

21 (A) holds at least 20 percent equitable

22 ownership in the client or any organization

23 identified under paragraph (3);

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

25 major part, plans, supervises, controls, directs,
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1 finances, or subsidizes the activities of the cli2 ent or any organization identified under para3 graph (3); or

4 (C) is an affiliate of the client or any orga5 nization identified under paragraph (3) and has

6 a direct interest in the outcome of the lobbying

7 activity;

8 (5) a statement of—

9 (A) the general issue areas in which the

10 registrant expects to engage in lobbying activi11 ties on behalf of the client; and

12 (B) to the extent practicable, specific is13 sues that have (as of the date of the registra14 tion) already been addressed or are likely to be

15 addressed in lobbying activities; and

16 (6) the name of each employee of the registrant

17 who has acted or whom the registrant expects to act

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

19 employee has served as a covered executive branch

20 official or a covered legislative branch official in the

21 2 years before the date on which such employee first

22 acted (after the date of enactment of this Act) as a

23 lobbyist on behalf of the client, the position in which

24 such employee served.

25 (c) GUIDELINES FOR REGISTRATION.—
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1 (1) MULTIPLE CLIENTS.—In the case of a reg2 istrant making lobbying contacts on behalf of more

3 than 1 client, a separate registration under this sec4 tion shall be filed for each such client.

5 (2) MULTIPLE CONTACTS.—A registrant who

6 makes more than 1 lobbying contact for the same

7 client shall file a single registration covering all such

8 lobbying contacts.

9 (d) TERMINATION OF REGISTRATION.—A registrant

10 who after registration—

11 (1) is no longer employed or retained by a cli12 ent to conduct lobbying activities, and

13 (2) does not anticipate any additional lobbying

14 activities for such client,

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

16 of the House of Representatives and terminate its reg17 istration.

18 SEC. 105. REPORTS BY REGISTERED LOBBYISTS.

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

20 after the end of the semiannual period beginning on the

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

22 year in which a registrant is registered under section 104,

23 each registrant shall file a report with the Secretary of

24 the Senate and the Clerk of the House of Representatives

25 on its lobbying activities during such semiannual period.
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1 A separate report shall be filed for each client of the reg2 istrant.

3 (b) CONTENTS OF REPORT.—Each semiannual re4 port filed under subsection (a) shall contain—

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

6 client, and any changes or updates to the informa7 tion provided in the initial registration;

8 (2) for each general issue area in which the reg9 istrant engaged in lobbying activities on behalf of

10 the client during the semiannual filing period—

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

12 a lobbyist employed by the registrant engaged

13 in lobbying activities, including, to the maxi14 mum extent practicable, a list of bill numbers

15 and references to specific executive branch ac16 tions;

17 (B) a statement of the Houses of Congress

18 and the Federal agencies contacted by lobbyists

19 employed by the registrant on behalf of the cli20 ent;

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

22 who acted as lobbyists on behalf of the client;

23 and

24 (D) a description of the interest, if any, of

25 any foreign entity identified under section
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1 104(b)(4) in the specific issues listed under

2 subparagraph (A).

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

4 estimate of the total amount of all income from the

5 client (including any payments to the registrant by

6 any other person for lobbying activities on behalf of

7 the client) during the semiannual period, other than

8 income for matters that are unrelated to lobbying

9 activities; and

10 (4) in the case of a registrant engaged in lobby11 ing activities on its own behalf, a good faith estimate

12 of the total expenses that the registrant and its em13 ployees incurred in connection with lobbying activi14 ties during the semiannual filing period.

15 (c) ESTIMATES OF INCOME OR EXPENSES.—For pur16 poses of this section, estimates of income or expenses shall

17 be made as follows:

18 (1) Estimates of amounts in excess of $10,000

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

20 (2) In the event income or expenses do not ex21 ceed $10,000, the registrant shall include a state22 ment that income or expenses totaled less than

23 $10,000 for the reporting period.

24 (3) A registrant that reports lobbying expendi25 tures pursuant to section 6033(b)(8) of the Internal
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1 Revenue Code of 1986 may satisfy the requirement

2 to report income or expenses by filing with the Sec3 retary of the Senate and the Clerk of the House of

4 Representatives a copy of the form filed in accord5 ance with section 6033(b)(8).

6 SEC. 106. DISCLOSURE AND ENFORCEMENT.

7 The Secretary of the Senate and the Clerk of the

8 House of Representatives shall—

9 (1) provide guidance and assistance on the reg10 istration and reporting requirements of this title and

11 develop common standards, rules, and procedures for

12 compliance with this title;

13 (2) review, and, where necessary, verify and in14 quire to ensure the accuracy, completeness, and

15 timeliness of registration and reports;

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

17 systems to carry out the purpose of this title, includ18 ing—

19 (A) a publicly available list of all registered

20 lobbyists, lobbying firms, and their clients; and

21 (B) computerized systems designed to min22 imize the burden of filing and maximize public

23 access to materials filed under this title;
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1 (4) make available for public inspection and

2 copying at reasonable times the registrations and re3 ports filed under this title;

4 (5) retain registrations for a period of at least

5 6 years after they are terminated and reports for a

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

7 (6) compile and summarize, with respect to

8 each semiannual period, the information contained

9 in registrations and reports filed with respect to

10 such period in a clear and complete manner;

11 (7) notify any lobbyist or lobbying firm in writ12 ing that may be in noncompliance with this title;

13 and

14 (8) notify the United States Attorney for the

15 District of Columbia that a lobbyist or lobbying firm

16 may be in noncompliance with this title, if the reg17 istrant has been notified in writing and has failed to

18 provide an appropriate response within 60 days after

19 notice was given under paragraph (6).

20 SEC. 107. PENALTIES.

21 Whoever knowingly fails to—

22 (1) remedy a defective filing within 60 days

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

24 Senate or the Clerk of the House of Representatives;

25 or
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1 (2) comply with any other provision of this title;

2 shall, upon proof of such knowing violation by a pre3 ponderance of the evidence, be subject to a civil fine

4 of not more than $50,000, depending on the extent

5 and gravity of the violation.

6 SEC. 108. RULES OF CONSTRUCTION.

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

8 shall be construed to prohibit or interfere with—

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

10 redress of grievances;

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

12 (3) the right of association,

13 protected by the first amendment to the Constitution.

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

15 title shall be construed to prohibit, or to authorize any

16 court to prohibit, lobbying activities or lobbying contacts

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

18 or entity is in compliance with the requirements of this

19 title.

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

21 title shall be construed to grant general audit or investiga22 tive authority to the Secretary of the Senate or the Clerk

23 of the House of Representatives.
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1 SEC. 109. AMENDMENTS TO THE FOREIGN AGENTS REG2 ISTRATION ACT.

3 The Foreign Agents Registration Act of 1938 (22

4 U.S.C. 611 et seq.) is amended—

5 (1) in section 1—

6 (A) by striking subsection (j);

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

9 other activity which the person engaging therein

10 believes will, or which he intends to, prevail

11 upon, indoctrinate, convert, induce, persuade,

12 or in any other way influence’’ and inserting

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

15 way influence’’;

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

18 (D) by striking subsection (q);

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

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

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

24 by statute or regulation to be conducted on the

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

2 the end the following:

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

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

5 agent is required to register and does register under the

6 Lobbying Disclosure Act of 1995 in connection with the

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

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

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

10 inserting ‘‘informational materials’’; and

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

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

13 forth full information as to the places, times,

14 and extent of such transmittal’’;

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

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

17 striking ‘‘political propaganda’’ and inserting

18 ‘‘informational materials’’; and

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

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

21 subsection and inserting ‘‘without placing in

22 such informational materials a conspicuous

23 statement that the materials are distributed by

24 the agent on behalf of the foreign principal, and

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

2 Columbia. The Attorney General may by rule

3 define what constitutes a conspicuous statement

4 for the purposes of this subsection.’’;

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

8 (7) in section 6 (22 U.S.C. 616)—

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

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

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

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

14 and

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

16 political propaganda,’’;

17 (8) in section 8 (22 U.S.C. 618)—

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

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

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

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

24 ‘‘, including the nature, sources, and content of po25 litical propaganda disseminated or distributed’’.
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1 SEC. 110. AMENDMENTS TO THE BYRD AMENDMENT.

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

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

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

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

7 Lobbying Disclosure Act of 1995 who has made

8 lobbying contacts on behalf of the person with

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

10 cooperative agreement; and

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

12 the declaration has not made, and will not

13 make, any payment prohibited by subsection

14 (a).’’;

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

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

17 registrant under the Lobbying Disclosure Act of

18 1995 who has made lobbying contacts on behalf of

19 the person in connection with that loan insurance or

20 guarantee.’’; and

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

22 paragraph (7) as paragraph (6).

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

25 further amended—

26 (1) by striking subsection (d); and
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1 (2) by redesignating subsections (e), (f), (g),

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

4 SEC. 111. REPEAL OF CERTAIN LOBBYING PROVISIONS.

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

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

8 (b) REPEAL OF PROVISIONS RELATING TO HOUSING

9 LOBBYIST ACTIVITIES.—

10 (1) Section 13 of the Department of Housing

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

12 repealed.

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

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

15 SEC. 112. CONFORMING AMENDMENTS TO OTHER STAT16 UTES.

17 (a) AMENDMENT TO COMPETITIVENESS POLICY

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

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

21 ‘lobbyist’ and ‘foreign entity’ are defined under section 3

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

23 for a foreign principal’’.
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1 (b) AMENDMENTS TO TITLE 18, UNITED STATES

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

3 is amended—

4 (1) by inserting ‘‘or a lobbyist required to reg5 ister under the Lobbying Disclosure Act of 1995 in

6 connection with the representation of a foreign en7 tity, as defined in section 3(7) of that Act’’ after

8 ‘‘an agent of a foreign principal required to register

9 under the Foreign Agents Registration Act of

10 1938’’; and

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

12 (c) AMENDMENT TO FOREIGN SERVICE ACT OF

13 1980.—Section 602(c) of the Foreign Service Act of 1980

14 (22 U.S.C. 4002(c)) is amended by inserting ‘‘or a lobby15 ist for a foreign entity (as defined in section 3(7) of the

16 Lobbying Disclosure Act of 1995)’’ after ‘‘an agent of a

17 foreign principal (as defined by section 1(b) of the Foreign

18 Agents Registration Act of 1938)’’.

19 SEC. 113. IDENTIFICATION OF CLIENTS AND COVERED OF20 FICIALS.

21 (a) ORAL LOBBYING CONTACTS.—Any person or en22 tity that makes an oral lobbying contact with a covered

23 legislative branch official or a covered executive branch of24 ficial shall, on the request of the official at the time of

25 the lobbying contact—
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1 (1) state whether the person or entity is reg2 istered under this Act and identify the client on

3 whose behalf the lobbying contact is made; and

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

5 and identify any foreign entity required to be dis6 closed under section 104(b)(4) that has a direct in7 terest in the outcome of the lobbying activity.

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

9 entity registered under this Act that makes a written lob10 bying contact (including an electronic communication)

11 with a covered legislative branch official or a covered exec12 utive branch official shall—

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

14 contact was made is a foreign entity, identify such

15 client, state that the client is considered a foreign

16 entity under this Act, and state whether the person

17 making the lobbying contact is registered on behalf

18 of that client under section 4; and

19 (2) identify any other foreign entity identified

20 pursuant to section 104(b)(4) that has a direct in21 terest in the outcome of the lobbying activity.

22 (c) IDENTIFICATION AS COVERED OFFICIAL.—Upon

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

24 the individual who is contacted or the office employing

25 that individual shall indicate whether or not the individual
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1 is a covered legislative branch official or a covered execu2 tive branch official.

3 SEC. 114. ESTIMATES BASED ON TAX REPORTING SYSTEM.

4 (a) ENTITIES COVERED BY SECTION 6033(b) OF THE

5 INTERNAL REVENUE CODE OF 1986.—A registrant that

6 is required to report and does report lobbying expenditures

7 pursuant to section 6033(b)(8) of the Internal Revenue

8 Code of 1986 may—

9 (1) make a good faith estimate (by category of

10 dollar value) of applicable amounts that would be re11 quired to be disclosed under such section for the ap12 propriate semiannual period to meet the require13 ments of sections 104(a)(3), 105(a)(2), and

14 105(b)(4); and

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

16 activities’’ in section 3(8) of this Act, consider as

17 lobbying activities only those activities that are influ18 encing legislation as defined in section 4911(d) of

19 the Internal Revenue Code of 1986.

20 (b) ENTITIES COVERED BY SECTION 162(e) OF THE

21 INTERNAL REVENUE CODE OF 1986.—A registrant that

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

23 of 1986 may—

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

25 dollar value) of applicable amounts that would not
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1 be deductible pursuant to such section for the appro2 priate semiannual period to meet the requirements

3 of sections 104(a)(3), 105(a)(2), and 105(b)(4); and

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

5 activities’’ in section 103(7) of this Act, consider as

6 lobbying activities only those activities, the costs of

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

8 of the Internal Revenue Code of 1986.

9 (c) DISCLOSURE OF ESTIMATE.—Any registrant that

10 elects to make estimates required by this Act under the

11 procedures authorized by subsection (a) or (b) for report12 ing or threshold purposes shall—

13 (1) inform the Secretary of the Senate and the

14 Clerk of the House of Representatives that the reg15 istrant has elected to make its estimates under such

16 procedures; and

17 (2) make all such estimates, in a given calendar

18 year, under such procedures.

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

20 Comptroller General of the United States shall review re21 porting by registrants under subsections (a) and (b) and

22 report to the Congress—

23 (1) the differences between the definition of

24 ‘‘lobbying activities’’ in section 103(7) and the defi25 nitions of ‘‘lobbying expenditures’’, ‘‘influencing leg-
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1 islation’’, and related terms in sections 162(e) and

2 4911 of the Internal Revenue Code of 1986, as each

3 are implemented by regulations;

4 (2) the impact that any such differences may

5 have on filing and reporting under this Act pursuant

6 to this subsection; and

7 (3) any changes to this Act or to the appro8 priate sections of the Internal Revenue Code of 1986

9 that the Comptroller General may recommend to

10 harmonize the definitions.

11 SEC. 115. SEVERABILITY.

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

14 title and the application of such provision to other persons

15 and circumstances shall not be affected thereby.

16 SEC. 116. EFFECTIVE DATES.

17 (a) Except as otherwise provided in this section, this

18 title and the amendments made by this title shall take ef19 fect, and shall be effective with respect to calendar years

20 beginning on, January 1, 1996.

21 (b) The repeals and amendments made under sec22 tions 109, 110, and 111 shall take effect as provided

23 under subsection (a), except that such repeals and amend24 ments—
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1 (1) shall not affect any proceeding or suit com2 menced before the effective date under subsection

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

4 shall be had, appeals taken, and judgments rendered

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

6 this Act had not been enacted; and

7 (2) shall not affect the requirements of Federal

8 agencies to compile, publish, and retain information

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

11 TITLE II—CONGRESSIONAL GIFT

12 RULES

13 SEC. 201. AMENDMENT TO HOUSE RULES.

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

15 of Representatives is amended to read as follows:

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

17 House of Representatives shall knowingly accept a gift ex18 cept as provided in this rule.

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

20 gift (other than cash or cash equivalent) which the Mem21 ber, officer, or employee reasonably and in good faith be22 lieves to have a value of less than $50, and a cumulative

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

24 $100. No gift with a value below $10 shall count toward

25 the $100 annual limit. No formal recordkeeping is re-
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1 quired by this paragraph, but a Member, officer, or em2 ployee shall make a good faith effort to comply with this

3 paragraph.

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

5 means any gratuity, favor, discount, entertainment, hospi6 tality, loan, forbearance, or other item having monetary

7 value. The term includes gifts of services, training, trans8 portation, lodging, and meals, whether provided in kind,

9 by purchase of a ticket, payment in advance, or reimburse10 ment after the expense has been incurred.

11 ‘‘(2)(A) A gift to a family member of a Member, offi12 cer, or employee, or a gift to any other individual based

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

14 or employee, shall be considered a gift to the Member, offi15 cer, or employee if it is given with the knowledge and ac16 quiescence of the Member, officer, or employee and the

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

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

19 officer, or employee.

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

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

22 the spouse or dependent thereof, only the food or refresh23 ment provided to the Member, officer, or employee shall

24 be treated as a gift for purposes of this rule.
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1 ‘‘(c) The restrictions in subparagraph (a) shall not

2 apply to the following:

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

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

5 promptly returns to the donor.

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

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

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

11 Internal Revenue Code of 1986.

12 ‘‘(3) A gift from a relative as described in sec13 tion 107(2) of the Ethics in Government Act of

14 1978 (5 U.S.C. App. 107(2)).

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

16 the basis of a personal friendship unless the Mem17 ber, officer, or employee has reason to believe that,

18 under the circumstances, the gift was provided be19 cause of the official position of the Member, officer,

20 or employee and not because of the personal friend21 ship.

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

23 on the basis of personal friendship, the Member, of24 ficer, or employee shall consider the circumstances

25 under which the gift was offered, such as:
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1 ‘‘(i) The history of the relationship be2 tween the individual giving the gift and the re3 cipient of the gift, including any previous ex4 change of gifts between such individuals.

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

6 the Member, officer, or employee the individual

7 who gave the gift personally paid for the gift or

8 sought a tax deduction or business reimburse9 ment for the gift.

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

11 the Member, officer, or employee the individual

12 who gave the gift also at the same time gave

13 the same or similar gifts to other Members, of14 ficers, or employees.

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

16 contribution or other payment to a legal expense

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

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

19 person making the contribution or payment is identi20 fied for the Committee of Standards of Official Con21 duct and complies with other disclosure require22 ments established by such Committee.

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

24 employee of the Senate or the House of Representa25 tives.
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1 ‘‘(7) Food, refreshments, lodging, and other

2 benefits—

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

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

6 Member, officer, or employee as an officeholder)

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

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

9 such benefits have not been offered or enhanced

10 because of the official position of the Member,

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

13 ‘‘(B) customarily provided by a prospective

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

16 ‘‘(C) provided by a political organization

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

20 organization.

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

22 continued participation in an employee welfare and

23 benefits plan maintained by a former employer.

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

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

2 materials, audiotapes, videotapes, or other forms of

3 communication.

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

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

8 food, refreshments, and entertainment) and other

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

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

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

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

18 ‘‘(13) Training (including food and refresh19 ments furnished to all attendees as an integral part

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

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

22 House of Representatives.

23 ‘‘(14) Bequests, inheritances, and other trans24 fers at death.
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1 ‘‘(15) Any item, the receipt of which is author2 ized by the Foreign Gifts and Decorations Act, the

3 Mutual Educational and Cultural Exchange Act, or

4 any other statute.

5 ‘‘(16) Anything which is paid for by the Federal

6 Government, by a State or local government, or se7 cured by the Government under a Government con8 tract.

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

10 in section 109(14) of the Ethics in Government Act

11 of 1978) of an individual other than a registered

12 lobbyist or agent of a foreign principal.

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

14 event permitted pursuant to subparagraph (d).

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

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

17 consisting of all Federal employees, whether or

18 not restricted on the basis of geographic consid19 eration;

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

21 class in which membership is unrelated to con22 gressional employment;

23 ‘‘(C) offered to members of an organiza24 tion, such as an employees’ association or con25 gressional credit union, in which membership is
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1 related to congressional employment and similar

2 opportunities are available to large segments of

3 the public through organizations of similar size;

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

5 not defined in a manner that specifically dis6 criminates among Government employees on the

7 basis of branch of Government or type of re8 sponsibility, or on a basis that favors those of

9 higher rank or rate of pay;

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

11 other financial institutions on terms generally

12 available to the public; or

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

14 other fees for participation in organization ac15 tivities offered to all Government employees by

16 professional organizations if the only restric17 tions on membership relate to professional

18 qualifications.

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

20 substantially commemorative in nature and which is

21 intended solely for presentation.

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

23 a waiver is granted by the Committee on Standards

24 of Official Conduct.
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1 ‘‘(22) Food or refreshments of a nominal value

2 offered other than as a part of a meal.

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

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

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

6 an offer of free attendance at a widely attended conven7 tion, conference, symposium, forum, panel discussion, din8 ner, viewing, reception, or similar event, provided by the

9 sponsor of the event, if—

10 ‘‘(A) the Member, officer, or employee partici11 pates in the event as a speaker or a panel partici12 pant, by presenting information related to Congress

13 or matters before Congress, or by performing a cere14 monial function appropriate to the Member’s, offi15 cer’s, or employee’s official position; or

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

17 the performance of the official duties or representa18 tive function of the Member, officer, or employee.

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

20 event described in clause (1) may accept a sponsor’s unso21 licited offer of free attendance at the event for an accom22 panying individual if others in attendance will generally

23 be similarly accompanied or if such attendance is appro24 priate to assist in the representation of the House of Rep25 resentatives.
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1 ‘‘(3) A Member, officer, or employee, or the spouse

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

3 offer of free attendance at a charity event, except that re4 imbursement for transportation and lodging may not be

5 accepted in connection with an event that does not meet

6 the standards provided in paragraph 2.

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

8 attendance’ may include waiver of all or part of a con9 ference or other fee, the provision of local transportation,

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

11 instructional materials furnished to all attendees as an in12 tegral part of the event. The term does not include enter13 tainment collateral to the event, nor does it include food

14 or refreshments taken other than in a group setting with

15 all or substantially all other attendees.

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

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

18 personal friendship exception in subparagraph (c)(4) un19 less the Committee on Standards of Official Conduct is20 sues a written determination that such exception applies.

21 No determination under this subparagraph is required for

22 gifts given on the basis of the family relationship excep23 tion.

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

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

2 or destroyed.

3 ‘‘(g)(1) A reimbursement (including payment in kind)

4 to a Member, officer, or employee from an individual other

5 than a registered lobbyist or agent of a foreign principal

6 for necessary transportation, lodging and related expenses

7 for travel to a meeting, speaking engagement, factfinding

8 trip or similar event in connection with the duties of the

9 Member, officer, or employee as an officeholder shall be

10 deemed to be a reimbursement to the House of Represent11 atives and not a gift prohibited by this rule, if the Mem12 ber, officer, or employee—

13 ‘‘(A) in the case of an employee, receives ad14 vance authorization, from the Member or officer

15 under whose direct supervision the employee works,

16 to accept reimbursement, and

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

18 reimbursed and the authorization to the Clerk of the

19 House of Representatives within 30 days after the

20 travel is completed.

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

22 of which are substantially recreational in nature, shall not

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

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

3 direct supervision the employee works and shall include—

4 ‘‘(1) the name of the employee;

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

6 reimbursement;

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

8 and

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

12 employee is using public office for private gain.

13 ‘‘(i) Each disclosure made under subparagraph (g)(1)

14 of expenses reimbursed or to be reimbursed shall be signed

15 by the Member or officer (in the case of travel by that

16 Member or officer) or by the Member or officer under

17 whose direct supervision the employee works (in the case

18 of travel by an employee) and shall include—

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

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

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

2 expenses reimbursed or to be reimbursed;

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

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

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

8 connection with the duties of the Member or officer

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

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

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

15 ‘‘(1) includes reasonable expenses that are nec16 essary for travel for a period not exceeding 3 days

17 exclusive of travel time within the United States or

18 7 days exclusive of travel time outside of the United

19 States unless approved in advance by the Committee

20 on Standards of Official Conduct;

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

22 transportation, lodging, conference fees and mate23 rials, and food and refreshments, including reim24 bursement for necessary transportation, whether or
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1 not such transportation occurs within the periods de2 scribed in clause (1);

3 ‘‘(3) does not include expenditures for rec4 reational activities, nor does it include entertainment

5 other than that provided to all attendees as an inte6 gral part of the event, except for activities or enter7 tainment otherwise permissible under this rule; and

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

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

10 officer, or employee, subject to a determination

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

12 an employee, the Member or officer under whose di13 rect supervision the employee works) that the at14 tendance of the spouse or child is appropriate to as15 sist in the representation of the House of Represent16 atives.

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

18 make available to the public all advance authorizations

19 and disclosures of reimbursement filed pursuant to sub20 paragraph (g) as soon as possible after they are received.

21 ‘‘(l) A gift prohibited by subparagraph (a) includes

22 the following:

23 ‘‘(1) Anything provided by a registered lobbyist

24 or an agent of a foreign principal to an entity that
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1 is maintained or controlled by a Member, officer, or

2 employee.

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

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

5 1986) made by a registered lobbyist or an agent of

6 a foreign principal on the basis of a designation, rec7 ommendation, or other specification of a Member,

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

9 other solicitation directed to a broad category of per10 sons or entities), other than a charitable contribu11 tion permitted by paragraph (4).

12 ‘‘(3) A contribution or other payment by a reg13 istered lobbyist or an agent of a foreign principal to

14 a legal expense fund established for the benefit of a

15 Member, officer, or employee.

16 ‘‘(4) A financial contribution or expenditure

17 made by a registered lobbyist or an agent of a for18 eign principal relating to a conference, retreat, or

19 similar event, sponsored by or affiliated with an offi20 cial congressional organization, for or on behalf of

21 Members, officers, or employees.

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

23 170(c) of the Internal Revenue Code of 1986) made by

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

25 lieu of an honorarium to a Member, officer, or employee
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1 shall not be considered a gift under this rule if it is re2 ported as provided in subparagraph (n).

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

4 or recommends a contribution to a charitable organization

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

6 report within 30 days after such designation or rec7 ommendation to the Clerk of the House of Representa8 tives—

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

10 lobbyist who is making the contribution in lieu of

11 honoraria;

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

13 and

14 ‘‘(3) the name and address of the charitable or15 ganization designated or recommended by the Mem16 ber.

17 The Clerk of the House of Representatives shall make

18 public information received pursuant to this subparagraph

19 as soon as possible after it is received.

20 ‘‘(o) For purposes of this rule—

21 ‘‘(1) the term ‘registered lobbyist’ means a lob22 byist registered under the Federal Regulation of

23 Lobbying Act or any successor statute; and
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1 ‘‘(2) the term ‘agent of a foreign principal’

2 means an agent of a foreign principal registered

3 under the Foreign Agents Registration Act.

4 ‘‘(p) All the provisions of this rule shall be interpreted

5 and enforced solely by the Committee on Standards of Of6 ficial Conduct. The Committee on Standards of Official

7 Conduct is authorized to issue guidance on any matter

8 contained in this rule.’’.

9 SEC. 202. EFFECTIVE DATE.

10 The amendments made by this title shall take effect,

11 and shall be effective with respect to calendar years begin12 ning on, January 1, 1996.

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