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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2261 Introduced in House (IH)]

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

                      TITLE I--LOBBYING DISCLOSURE

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Lobbying Disclosure Act of 1995''.

SEC. 102. FINDINGS.

    The Congress finds that--
            (1) responsible representative Government requires public 
        awareness of the efforts of paid lobbyists to influence the 
        public decisionmaking process in both the legislative and 
        executive branches of the Federal Government;
            (2) existing lobbying disclosure statutes 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 the coalition or association and not 
        its individual members.
            (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 member of the uniformed services whose pay 
                grade is at or above O-7 under section 201 of title 37, 
                United States Code; and
                    (F) 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. 
                109(13)).
            (5) 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.
            (6) 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)).
            (7) Lobbying activities.--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.
            (8) 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); 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 
                        distributed and made available 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 an oral or 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); 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 or a similar organization that is 
                                designated by or registered with the 
                                Commodities Future Trading Commission 
                                as provided under the Commodity 
                                Exchange Act; and
                                    (II) the Securities and Exchange 
                                Commission or the Commodities Future 
                                Trading Commission, respectively;
                        relating to the regulatory responsibilities of 
                        such organization under that Act.
            (9) 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.
            (10) Lobbyist.--The term ``lobbyist'' means any individual 
        who is employed or retained by a client for financial or other 
        compensation for services that include more than one lobbying 
        contact, other than an individual whose lobbying activities 
        constitute less than 20 percent of the time engaged in the 
        services provided by such individual to that client over a six 
        month period.
            (11) 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.
            (12) Member of congress.--The term ``Member of Congress'' 
        means a Senator or a Representative in, or Delegate or Resident 
        Commissioner to, the Congress.
            (13) Organization.--The term ``organization'' means a 
        person or entity other than an individual.
            (14) 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.
            (15) 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.
            (16) 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 45 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 Secretary of 
        the Senate and the Clerk of the House of Representatives.
            (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 
                        $5,000; 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 $20,000,
                (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 Act; 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 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 $10,000 toward the 
                lobbying activities of the registrant in a semiannual 
                period described in section 105(a); and
                    (B) in whole or in major part plans, supervises, or 
                controls such lobbying activities.
            (4) the name, address, principal place of business, amount 
        of any contribution of more than $10,000 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) 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
            (6) 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 Secretary of the Senate and the Clerk of the House of 
Representatives and terminate its registration.

SEC. 105. REPORTS BY REGISTERED LOBBYISTS.

    (a) Semiannual Report.--No later than 45 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 
Secretary of the Senate and the Clerk of the House of Representatives 
on its lobbying activities during such semiannual period. A separate 
report shall be filed for each client of the registrant.
    (b) Contents of Report.--Each semiannual report filed under 
subsection (a) 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 executive branch actions;
                    (B) a statement of the Houses 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; and
                    (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).
            (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; and
            (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.
    (c) Estimates of Income or Expenses.--For purposes of this section, 
estimates of income or expenses shall be made as follows:
            (1) Estimates of amounts in excess of $10,000 shall be 
        rounded to the nearest $20,000.
            (2) In the event income or expenses do not exceed $10,000, 
        the registrant shall include a statement that income or 
        expenses totaled less than $10,000 for the reporting period.
            (3) A registrant that reports lobbying expenditures 
        pursuant to section 6033(b)(8) of the Internal Revenue Code of 
        1986 may satisfy the requirement to report income or expenses 
        by filing with the Secretary of the Senate and the Clerk of the 
        House of Representatives a copy of the form filed in accordance 
        with section 6033(b)(8).

SEC. 106. DISCLOSURE AND ENFORCEMENT.

    The Secretary of the Senate and the Clerk of the House of 
Representatives shall--
            (1) provide guidance and assistance on the registration and 
        reporting requirements of this title and develop common 
        standards, rules, and procedures for compliance with this 
        title;
            (2) review, and, where necessary, verify and inquire to 
        ensure the accuracy, completeness, and timeliness of 
        registration and reports;
            (3) develop filing, coding, and cross-indexing systems to 
        carry out the purpose of this title, including--
                    (A) a publicly available list of all registered 
                lobbyists, lobbying firms, and their clients; and
                    (B) computerized systems designed to minimize the 
                burden of filing and maximize public access to 
                materials filed under this title;
            (4) make available for public inspection and copying at 
        reasonable times the registrations and reports filed under this 
        title;
            (5) retain registrations for a period of at least 6 years 
        after they are terminated and reports for a period of at least 
        6 years after they are filed;
            (6) compile and summarize, with respect to each semiannual 
        period, the information contained in registrations and reports 
        filed with respect to such period in a clear and complete 
        manner;
            (7) notify any lobbyist or lobbying firm in writing that 
        may be in noncompliance with this title; and
            (8) notify the United States Attorney for the District of 
        Columbia that a lobbyist or lobbying firm may be in 
        noncompliance with this title, if the registrant has been 
        notified in writing and has failed to provide an appropriate 
        response within 60 days after notice was given under paragraph 
        (6).

SEC. 107. PENALTIES.

    Whoever knowingly fails to--
            (1) remedy a defective filing within 60 days after notice 
        of such a defect by the Secretary of the Senate or the Clerk of 
        the House of Representatives; or
            (2) comply with any other provision of this title; shall, 
        upon proof of such knowing violation by a preponderance of the 
        evidence, be subject to a civil fine of not more than $50,000, 
        depending on the extent and gravity of the violation.

SEC. 108. 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 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 
Secretary of the Senate or the Clerk of the House of Representatives.
SEC. 109. 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 1995 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. 110. 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 1995 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 1995 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) by redesignating subsections (e), (f), (g), and (h) as 
        subsections (d), (e), (f), and (g), respectively.

SEC. 111. 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. 112. 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 3 of 
the Lobbying Disclosure Act of 1995)'' 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 1995 in connection with the 
        representation of a foreign entity, as defined in section 3(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 
3(7) of the Lobbying Disclosure Act of 1995)'' after ``an agent of a 
foreign principal (as defined by section 1(b) of the Foreign Agents 
Registration Act of 1938)''.

SEC. 113. 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 Act 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 Act 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 Act, and state 
        whether the person making the lobbying contact is registered on 
        behalf of that client under section 4; 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. 114. ESTIMATES BASED ON TAX REPORTING SYSTEM.

    (a) Entities Covered by Section 6033(b) of the Internal Revenue 
Code of 1986.--A registrant that is required to report and does report 
lobbying expenditures pursuant to section 6033(b)(8) of the Internal 
Revenue Code of 1986 may--
            (1) make a good faith estimate (by category of dollar 
        value) of applicable amounts that would be required to be 
        disclosed under such section for the appropriate semiannual 
        period to meet the requirements of sections 104(a)(3), 
        105(a)(2), and 105(b)(4); and
            (2) in lieu of using the definition of ``lobbying 
        activities'' in section 3(8) of this Act, consider as lobbying 
        activities only those activities that are influencing 
        legislation as defined in section 4911(d) of the Internal 
        Revenue Code of 1986.
    (b) Entities Covered by Section 162(e) of the Internal Revenue Code 
of 1986.--A registrant that is subject to section 162(e) of the 
Internal Revenue Code of 1986 may--
            (1) make a good faith estimate (by category of dollar 
        value) of applicable amounts that would not
         be deductible pursuant to such section for the appropriate 
semiannual period to meet the requirements of sections 104(a)(3), 
105(a)(2), and 105(b)(4); and
            (2) in lieu of using the definition of ``lobbying 
        activities'' in section 103(7) of this Act, consider as 
        lobbying activities only those activities, the costs of which 
        are not deductible pursuant to section 162(e) of the Internal 
        Revenue Code of 1986.
    (c) Disclosure of Estimate.--Any registrant that elects to make 
estimates required by this Act under the procedures authorized by 
subsection (a) or (b) for reporting or threshold purposes shall--
            (1) inform the Secretary of the Senate and the Clerk of the 
        House of Representatives that the registrant has elected to 
        make its estimates under such procedures; and
            (2) make all such estimates, in a given calendar year, 
        under such procedures.
    (d) Study.--Not later than March 31, 1997, the Comptroller General 
of the United States shall review reporting by registrants under 
subsections (a) and (b) and report to the Congress--
            (1) the differences between the definition of ``lobbying 
        activities'' in section 103(7) 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;
            (2) the impact that any such differences may have on filing 
        and reporting under this Act pursuant to this subsection; and
            (3) any changes to this Act or to the appropriate sections 
        of the Internal Revenue Code of 1986 that the Comptroller 
        General may recommend to harmonize the definitions.

SEC. 115. 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. 116. EFFECTIVE DATES.

    (a) Except as otherwise provided in this section, this title and 
the amendments made by this title shall take effect, and shall be 
effective with respect to calendar years beginning on, January 1, 1996.
    (b) The repeals and amendments made under sections 109, 110, and 
111 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 Act 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.

                   TITLE II--CONGRESSIONAL GIFT RULES

SEC. 201. AMENDMENT TO HOUSE RULES.

    Clause 4 of rule XLIII of the Rules of the House of Representatives 
is amended to read as follows:

    ``4. (a)(1) No Member, officer, or employee of the House of 
Representatives shall knowingly accept a gift except as provided in 
this rule.
    ``(2) A Member, officer, or employee may accept a gift (other than 
cash or cash equivalent) which the Member, officer, or employee 
reasonably and in good faith believes to have a value of less than $50, 
and a cumulative value from one source during a calendar year of less 
than $100. No gift with a value below $10 shall count toward the $100 
annual limit. No formal recordkeeping is required by this paragraph, 
but a Member, officer, or employee shall make a good faith effort to 
comply with this paragraph.
    ``(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) A gift to a family member 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.
    ``(B) If food or refreshment is provided at the same time and place 
to both a Member, officer, or employee and the spouse or dependent 
thereof, only the food or refreshment provided to the Member, officer, 
or employee shall be treated as a gift for purposes of this rule.
    ``(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) A gift from a relative as described in section 107(2) 
        of the Ethics in Government Act of 1978 (5 U.S.C. App. 107(2)).
            ``(4)(A) Anything provided by an individual on the basis of 
        a personal friendship 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 
        friendship.
            ``(B) In determining whether a gift is provided on the 
        basis of personal friendship, the Member, officer, or employee 
        shall consider the circumstances under which the gift was 
        offered, such as:
                    ``(i) The history of the relationship between the 
                individual giving the gift and the recipient of the 
                gift, including any previous exchange of gifts between 
                such individuals.
                    ``(ii) Whether to the actual knowledge of the 
                Member, officer, or employee the individual who gave 
                the gift personally paid for the gift or sought a tax 
                deduction or business reimbursement for the gift.
                    ``(iii) Whether to the actual knowledge of the 
                Member, officer, or employee the individual who gave 
                the gift also at the same time gave the same or similar 
                gifts to other Members, officers, or employees.
            ``(5) Except as provided in paragraph 3(c), 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, if the person making the contribution or payment 
        is identified for the Committee of Standards of Official 
        Conduct and complies with other disclosure requirements 
        established by such Committee.
            ``(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, audiotapes, 
        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) 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.
            ``(14) Bequests, inheritances, and other transfers at 
        death.
            ``(15) 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.
            ``(16) Anything which is paid for by the Federal 
        Government, by a State or local government, or secured by the 
        Government under a Government contract.
            ``(17) A gift of personal hospitality (as defined in 
        section 109(14) of the Ethics in Government Act of 1978) of an 
        individual other than a registered lobbyist or agent of a 
        foreign principal.
            ``(18) Free attendance at a widely attended event permitted 
        pursuant to subparagraph (d).
            ``(19) 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.
            ``(20) A plaque, trophy, or other item that is 
        substantially commemorative in nature and which is intended 
        solely for presentation.
            ``(21) Anything for which, in an unusual case, a waiver is 
        granted by the Committee on Standards of Official Conduct.
            ``(22) Food or refreshments of a nominal value offered 
        other than as a part of a meal.
            ``(23) An item of little intrinsic value such as a greeting 
        card, baseball cap, or a T-shirt.
    ``(d)(1) 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 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 House 
of Representatives.
    ``(3) 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 an event that does not 
meet the standards provided in paragraph 2.
    ``(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, nor does it include 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 friendship exception 
in subparagraph (c)(4) unless the Committee on Standards of Official 
Conduct issues a written determination that such exception applies. No 
determination under this subparagraph is required for gifts given on 
the basis of the family relationship exception.
    ``(f) 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.
    ``(g)(1) A reimbursement (including payment in kind) to a Member, 
officer, or employee from an individual other than a registered 
lobbyist or agent of a foreign principal 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 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 Clerk of the House of 
        Representatives 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.
    ``(h) 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.
    ``(i) Each disclosure made under subparagraph (g)(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.
    ``(j) 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 travel 
        time within the United States or 7 days exclusive of travel 
        time outside of the United States unless approved in advance by 
        the Committee on Standards of Official Conduct;
            ``(2) 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 (1);
            ``(3) does not include expenditures for recreational 
        activities, nor does it include entertainment other than that 
        provided to all attendees as an integral part of the event, 
        except for activities or entertainment otherwise permissible 
        under this rule; 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 House of Representatives.
    ``(k) The Clerk of the House of Representatives shall make 
available to the public all advance authorizations and disclosures of 
reimbursement filed pursuant to subparagraph (g) as soon as possible 
after they are received.
    ``(l) A gift prohibited by subparagraph (a) includes the following:
            ``(1) Anything provided by a registered lobbyist or an 
        agent of a foreign principal to an entity that
         is maintained or controlled by a Member, officer, or employee.
            ``(2) A charitable contribution (as defined in section 
        170(c) of the Internal Revenue Code of 1986) made by a 
        registered lobbyist or an agent of a foreign principal on the 
        basis of a designation, recommendation, or other specification 
        of a Member, officer, or employee (not including a mass mailing 
        or other solicitation directed to a broad category of persons 
        or entities), other than a charitable contribution permitted by 
        paragraph (4).
            ``(3) A contribution or other payment by a registered 
        lobbyist or an agent of a foreign principal to a legal expense 
        fund established for the benefit of a Member, officer, or 
        employee.
            ``(4) A financial contribution or expenditure made by a 
        registered lobbyist or an agent of a foreign principal relating 
        to a conference, retreat, or similar event, sponsored by or 
        affiliated with an official congressional organization, for or 
        on behalf of Members, officers, or employees.
    ``(m) A charitable contribution (as defined in section 170(c) of 
the Internal Revenue Code of 1986) made by a registered lobbyist or an 
agent of a foreign principal in lieu of an honorarium to a Member, 
officer, or employee shall not be considered a gift under this rule if 
it is reported as provided in subparagraph (n).
    ``(n) A Member, officer, or employee who designates or recommends a 
contribution to a charitable organization in lieu of honoraria 
described in subparagraph (m) shall report within 30 days after such 
designation or recommendation to the Clerk of the House of 
Representatives--
            ``(1) the name and address of the registered lobbyist who 
        is making the contribution in lieu of honoraria;
            ``(2) the date and amount of the contribution; and
            ``(3) the name and address of the charitable organization 
        designated or recommended by the Member.
The Clerk of the House of Representatives shall make public information 
received pursuant to this subparagraph as soon as possible after it is 
received.
    ``(o) For purposes of this rule--
            ``(1) the term `registered lobbyist' means a lobbyist 
        registered under the Federal Regulation of Lobbying Act or any 
        successor statute; and
            ``(2) the term `agent of a foreign principal' means an 
        agent of a foreign principal registered under the Foreign 
        Agents Registration Act.
    ``(p) All the provisions of this rule shall be interpreted and 
enforced solely by the Committee on Standards of Official Conduct. The 
Committee on Standards of Official Conduct is authorized to issue 
guidance on any matter contained in this rule.''.

SEC. 202. EFFECTIVE DATE.

    The amendments made by this title shall take effect, and shall be 
effective with respect to calendar years beginning on, January 1, 1996.
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