I 

114TH CONGRESS 

2D SESSION H. R. 4809 

To amend the Lobbying Disclosure Act of 1995 to require the disclosure 

of political intelligence activities, to amend title 18, United States Code, 

to provide for restrictions on former officers, employees, and elected 

officials of the executive and legislative branches regarding political intelligence contacts, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2016 

Ms. SLAUGHTER (for herself, Mr. DUNCAN of Tennessee, and Mr. WALZ) introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To amend the Lobbying Disclosure Act of 1995 to require 

the disclosure of political intelligence activities, to amend 

title 18, United States Code, to provide for restrictions 

on former officers, employees, and elected officials of 

the executive and legislative branches regarding political 

intelligence contacts, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Political Intelligence 

5 Transparency Act of 2016’’. 


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1 SEC. 2. DISCLOSURE OF POLITICAL INTELLIGENCE ACTIVI2 TIES UNDER LOBBYING DISCLOSURE ACT. 

3 (a) DEFINITIONS.—Section 3 of the Lobbying Disclo4 sure Act of 1995 (2 U.S.C. 1602) is amended— 

5 (1) in paragraph (2)— 

6 (A) by inserting after ‘‘lobbying activities’’ 

7 each place that term appears the following: ‘‘or 

8 political intelligence activities’’; and 

9 (B) by inserting after ‘‘lobbyists’’ the fol10 lowing: ‘‘or political intelligence consultants’’; 

11 and 

12 (2) by adding at the end the following new 

13 paragraphs: 

14 ‘‘(17) POLITICAL INTELLIGENCE ACTIVITIES.— 

15 The term ‘political intelligence activities’ means po16 litical intelligence contacts and efforts in support of 

17 such contacts, including preparation and planning 

18 activities, research, and other background work that 

19 is intended, at the time it is performed, for use in 

20 contacts, and coordination with such contacts and 

21 efforts of others. 

22 ‘‘(18) POLITICAL INTELLIGENCE CONTACT.— 

23 ‘‘(A) DEFINITION.—The term ‘political in24 telligence contact’ means any oral or written 

25 communication (including an electronic commu26 nication) to a covered executive branch official 


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1 or a covered legislative branch official, the in2 formation derived from which is for use in ana3 lyzing the markets for securities, commodities 

4 for future delivery, swaps, or security-based 

5 swaps, or in informing investment decisions in 

6 any such market, and which is made on behalf 

7 of a client with regard to— 

8 ‘‘(i) the formulation, modification, or 

9 adoption of Federal legislation (including 

10 legislative proposals); 

11 ‘‘(ii) the formulation, modification, or 

12 adoption of a Federal rule, regulation, Ex13 ecutive order, or any other program, policy, 

14 or position of the United States Govern15 ment; 

16 ‘‘(iii) the administration or execution 

17 of a Federal program or policy (including 

18 the negotiation, award, or administration 

19 of a Federal contract, grant, loan, permit, 

20 or license); or 

21 ‘‘(iv) the nomination or confirmation 

22 of a person for a position subject to con23 firmation by the Senate. 


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1 ‘‘(B) EXCEPTION.—The term ‘political in2 telligence contact’ does not include a commu3 nication that is— 

4 ‘‘(i) made by a representative of a 

5 media organization (as such term is de6 fined in this subsection) if the purpose of 

7 the communication is gathering and dis8 seminating news and information to the 

9 public; 

10 ‘‘(ii) made in a speech, article, publi11 cation or other material that is distributed 

12 and made available to the public, or 

13 through radio, television, cable television, 

14 or other medium of mass communication; 

15 ‘‘(iii) made on behalf of a government 

16 of a foreign country or a foreign political 

17 party and disclosed under the Foreign 

18 Agents Registration Act of 1938 (22 

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

20 ‘‘(iv) a request for a meeting, a re21 quest for the status of an action, or any 

22 other similar administrative request, if the 

23 request does not include an attempt to in24 fluence a covered executive branch official 

25 or a covered legislative branch official; 


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1 ‘‘(v) made in the course of participa2 tion in an advisory committee subject to 

3 the Federal Advisory Committee Act; 

4 ‘‘(vi) testimony given before a com5 mittee, subcommittee, or task force of the 

6 Congress, or submitted for inclusion in the 

7 public record of a hearing conducted by 

8 such committee, subcommittee, or task 

9 force; 

10 ‘‘(vii) information provided in writing 

11 in response to an oral or written request 

12 by a covered executive branch official or a 

13 covered legislative branch official for spe14 cific information; 

15 ‘‘(viii) required by subpoena, civil in16 vestigative demand, or otherwise compelled 

17 by statute, regulation, or other action of 

18 the Congress or an agency, including any 

19 communication compelled by a Federal 

20 contract, grant, loan, permit, or license; 

21 ‘‘(ix) made in response to a notice in 

22 the Federal Register, Commerce Business 

23 Daily, or other similar publication solic24 iting communications from the public and 

25 directed to the agency official specifically 


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1 designated in the notice to receive such 

2 communications; 

3 ‘‘(x) not possible to report without 

4 disclosing information, the unauthorized 

5 disclosure of which is prohibited by law; 

6 ‘‘(xi) made to an official in an agency 

7 with regard to— 

8 ‘‘(I) a judicial proceeding or a 

9 criminal or civil law enforcement in10 quiry, investigation, or proceeding; or 

11 ‘‘(II) a filing or proceeding that 

12 the Government is specifically re13 quired by statute or regulation to 

14 maintain or conduct on a confidential 

15 basis, if that agency is charged with 

16 responsibility for such proceeding, in17 quiry, investigation, or filing; 

18 ‘‘(xii) made in compliance with writ19 ten agency procedures regarding an adju20 dication conducted by the agency under 

21 section 554 of title 5, United States Code, 

22 or substantially similar provisions; 

23 ‘‘(xiii) a written comment filed in the 

24 course of a public proceeding or any other 


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1 communication that is made on the record 

2 in a public proceeding; 

3 ‘‘(xiv) a petition for agency action 

4 made in writing and required to be a mat5 ter of public record pursuant to established 

6 agency procedures; 

7 ‘‘(xv) made on behalf of an individual 

8 with regard to that individual’s benefits, 

9 employment, or other personal matters in10 volving only that individual, except that 

11 this clause does not apply to any commu12 nication with— 

13 ‘‘(I) a covered executive branch 

14 official, or 

15 ‘‘(II) a covered legislative branch 

16 official (other than the individual’s 

17 elected Members of Congress or em18 ployees who work under such Mem19 bers’ direct supervision), with respect 

20 to the formulation, modification, or 

21 adoption of private legislation for the 

22 relief of that individual; 

23 ‘‘(xvi) a disclosure by an individual 

24 that is protected under the amendments 

25 made by the Whistleblower Protection Act 


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1 of 1989, under the Inspector General Act 

2 of 1978, or under another provision of law; 

3 ‘‘(xvii) made by— 

4 ‘‘(I) a church, its integrated aux5 iliary, or a convention or association 

6 of churches that is exempt from filing 

7 a Federal income tax return under 

8 paragraph (2)(A)(i) of section 

9 6033(a) of the Internal Revenue Code 

10 of 1986, or 

11 ‘‘(II) a religious order that is ex12 empt from filing a Federal income tax 

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

14 such section 6033(a); and 

15 ‘‘(xviii) between— 

16 ‘‘(I) officials of a self-regulatory 

17 organization (as defined in section 

18 3(a)(26) of the Securities Exchange 

19 Act) that is registered with or estab20 lished by the Securities and Exchange 

21 Commission as required by that Act 

22 or a similar organization that is des23 ignated by or registered with the 

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1 mission as provided under the Com2 modity Exchange Act; and 

3 ‘‘(II) the Securities and Ex4 change Commission or the Commod5 ities Future Trading Commission, re6 spectively; 

7 relating to the regulatory responsibilities of 

8 such organization under that Act. 

9 ‘‘(19) POLITICAL INTELLIGENCE FIRM.—The 

10 term ‘political intelligence firm’ means a person or 

11 entity that has 1 or more employees who are polit12 ical intelligence consultants to a client other than 

13 that person or entity. 

14 ‘‘(20) POLITICAL INTELLIGENCE CONSULT15 ANT.—The term ‘political intelligence consultant’ 

16 means any individual who is employed or retained by 

17 a client for financial or other compensation for serv18 ices that include one or more political intelligence 

19 contacts, including an individual who provides bro20 kerage and research services under section 28(e) of 

21 the Securities Exchange Act of 1934. 

22 ‘‘(21) SECURITY.—The term ‘security’ has the 

23 meaning given such term in section 3(a)(10) of the 

24 Securities Exchange Act of 1934 (15 U.S.C. 

25 78c(a)(10)). 


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1 ‘‘(22) SECURITY-BASED SWAP.—The term ‘se2 curity-based swap’ has the meaning given such term 

3 in section 3(a)(68) of the Securities Exchange Act 

4 of 1934 (15 U.S.C. 78c(a)(68)). 

5 ‘‘(23) COMMODITY.—The term ‘commodity’ has 

6 the meaning given such term in section 1a(9) of the 

7 Commodity Exchange Act (7 U.S.C. 1a(9)). 

8 ‘‘(24) SWAP.—The term ‘swap’ has the mean9 ing given such term in section 1a(47) of the Com10 modity Exchange Act (7 U.S.C. 1a(47)).’’. 

11 (b) REGISTRATION REQUIREMENT.—Section 4 of the 

12 Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is 

13 amended— 

14 (1) in subsection (a)— 

15 (A) by amending paragraph (1) to read as 

16 follows: 

17 ‘‘(1) GENERAL RULE.—A lobbyist or a political 

18 intelligence consultant (or, as provided under para19 graph (2), the organization employing such lobbyist 

20 or consultant), shall register with the Secretary of 

21 the Senate and the Clerk of the House of Represent22 atives— 

23 ‘‘(A) no later than 45 days after— 

24 ‘‘(i) the lobbyist first makes a lob25 bying contact or is employed or retained to 


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1 make a lobbying contact, whichever is ear2 lier; or 

3 ‘‘(ii) the political intelligence consult4 ant first makes a political intelligence con5 tact or is employed or retained to make a 

6 political intelligence contact, whichever is 

7 earlier; or 

8 ‘‘(B) on the first business day after such 

9 45th day if the 45th day is not a business 

10 day.’’; 

11 (B) in paragraph (2), by inserting after 

12 ‘‘lobbyists’’ each place that term appears the 

13 following: ‘‘or political intelligence consultants’’; 

14 and 

15 (C) in paragraph (3)(A)— 

16 (i) in clause (i)— 

17 (I) by inserting after ‘‘lobbying 

18 activities’’ the following: ‘‘and political 

19 intelligence activities’’; and 

20 (II) by inserting after ‘‘lobbying 

21 firm’’ the following: ‘‘or political intel22 ligence firm’’; and 

23 (ii) in clause (ii)— 


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1 (I) by inserting after ‘‘lobbying 

2 activities’’ the following: ‘‘and political 

3 intelligence activities’’; and 

4 (II) by inserting after ‘‘lobbying 

5 activities’’ the following: ‘‘or political 

6 intelligence activities’’; 

7 (2) in subsection (b)— 

8 (A) in paragraph (3), by inserting after 

9 ‘‘lobbying activities’’ each place that term ap10 pears the following: ‘‘or political intelligence ac11 tivities’’; 

12 (B) in paragraph (4)— 

13 (i) in the matter preceding subpara14 graph (A), by inserting after ‘‘lobbying ac15 tivities’’ the following: ‘‘or political intel16 ligence activities’’; and 

17 (ii) in subparagraph (C), by inserting 

18 after ‘‘lobbying activity’’ the following: ‘‘or 

19 political intelligence activity’’; 

20 (C) in paragraph (5), by inserting after 

21 ‘‘lobbying activities’’ each place that term ap22 pears the following: ‘‘or political intelligence ac23 tivities’’; and 


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1 (D) in the matter following paragraph (6), 

2 by inserting ‘‘or political intelligence activities’’ 

3 after ‘‘such lobbying activities’’; 

4 (3) in subsection (c)— 

5 (A) in paragraph (1), by inserting after 

6 ‘‘lobbying contacts’’ the following: ‘‘or political 

7 intelligence contacts’’; 

8 (B) in paragraph (2)— 

9 (i) by inserting after ‘‘lobbying con10 tact’’ the following: ‘‘or political intel11 ligence contact’’; and 

12 (ii) by inserting after ‘‘lobbying con13 tacts’’ the following: ‘‘and political intel14 ligence contacts’’; and 

15 (C) by inserting after paragraph (2), the 

16 following new paragraph: 

17 ‘‘(3) RULE OF CONSTRUCTION.—Any threshold 

18 dollar amount or percentage described in subsection 

19 (b) relates to the sum of the income, contributions, 

20 or percent equitable ownership related to lobbying 

21 activities plus the income, contributions, or percent 

22 equitable ownership related to political intelligence 

23 activities.’’; and 


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1 (4) in subsection (d), by inserting after ‘‘lob2 bying activities’’ each place that term appears the 

3 following: ‘‘or political intelligence activities’’. 

4 (c) REPORTS BY REGISTERED POLITICAL INTEL5 LIGENCE CONSULTANTS.—Section 5 of the Lobbying Dis6 closure Act of 1995 (2 U.S.C. 1604) is amended— 

7 (1) in subsection (a), by inserting after ‘‘lob8 bying activities’’ the following: ‘‘and political intel9 ligence activities’’; 

10 (2) in subsection (b)— 

11 (A) in paragraph (2)— 

12 (i) in the matter preceding subpara13 graph (A), by inserting after ‘‘lobbying ac14 tivities’’ the following: ‘‘or political intel15 ligence activities’’; 

16 (ii) in subparagraph (A)— 

17 (I) by inserting after ‘‘lobbyist’’ 

18 the following: ‘‘or political intelligence 

19 consultant’’; and 

20 (II) by inserting after ‘‘lobbying 

21 activities’’ the following: ‘‘or political 

22 intelligence activities’’; 

23 (iii) in subparagraph (B), by inserting 

24 after ‘‘lobbyists’’ the following: ‘‘and polit25 ical intelligence consultants’’; and 


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1 (iv) in subparagraph (C), by inserting 

2 after ‘‘lobbyists’’ the following: ‘‘or political 

3 intelligence consultants’’; 

4 (B) in paragraph (3)— 

5 (i) by inserting after ‘‘lobbying firm’’ 

6 the following: ‘‘or political intelligence 

7 firm’’; and 

8 (ii) by inserting after ‘‘lobbying activi9 ties’’ each place that term appears the fol10 lowing: ‘‘or political intelligence activities’’; 

11 and 

12 (C) in paragraph (4), by inserting after 

13 ‘‘lobbying activities’’ each place that term ap14 pears the following: ‘‘or political intelligence ac15 tivities’’; and 

16 (3) in subsection (d)(1), in the matter pre17 ceding subparagraph (A), by inserting ‘‘or a political 

18 intelligence consultant’’ after ‘‘a lobbyist’’. 

19 (d) DISCLOSURE AND ENFORCEMENT.—Section 6(a) 

20 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) 

21 is amended— 

22 (1) in paragraph (3)(A), by inserting after ‘‘lob23 bying firms’’ the following: ‘‘, political intelligence 

24 consultants, political intelligence firms,’’; 


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1 (2) in paragraph (7), by striking ‘‘or lobbying 

2 firm’’ and inserting ‘‘lobbying firm, political intel3 ligence consultant, or political intelligence firm’’; and 

4 (3) in paragraph (8), by striking ‘‘or lobbying 

5 firm’’ and inserting ‘‘lobbying firm, political intel6 ligence consultant, or political intelligence firm’’. 

7 (e) RULES OF CONSTRUCTION.—Section 8(b) of the 

8 Lobbying Disclosure Act of 1995 (2 U.S.C. 1607(b)) is 

9 amended by striking ‘‘or lobbying contacts’’ and inserting 

10 ‘‘lobbying contacts, political intelligence activities, or polit11 ical intelligence contacts’’. 

12 (f) IDENTIFICATION OF CLIENTS AND COVERED OF13 FICIALS.—Section 14 of the Lobbying Disclosure Act of 

14 1995 (2 U.S.C. 1609) is amended— 

15 (1) in subsection (a)— 

16 (A) in the heading, by inserting ‘‘OR PO17 LITICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; 

18 (B) by inserting ‘‘or political intelligence 

19 contact’’ after ‘‘lobbying contact’’ each place 

20 that term appears; and 

21 (C) in paragraph (2), by inserting ‘‘or po22 litical intelligence activity, as the case may be’’ 

23 after ‘‘lobbying activity’’; 

24 (2) in subsection (b)— 


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1 (A) in the heading, by inserting ‘‘OR PO2 LITICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; 

3 (B) by inserting ‘‘or political intelligence 

4 contact’’ after ‘‘lobbying contact’’ each place 

5 that term appears; and 

6 (C) in paragraph (2), by inserting ‘‘or po7 litical intelligence activity, as the case may be’’ 

8 after ‘‘lobbying activity’’; and 

9 (3) in subsection (c), by inserting ‘‘or political 

10 intelligence contact’’ after ‘‘lobbying contact’’. 

11 (g) ANNUAL AUDITS AND REPORTS BY COMP12 TROLLER GENERAL.—Section 26 of the Lobbying Disclo13 sure Act of 1995 (2 U.S.C. 1614) is amended— 

14 (1) in subsection (a)— 

15 (A) by inserting ‘‘political intelligence 

16 firms, political intelligence consultants,’’ after 

17 ‘‘lobbying firms’’; and 

18 (B) by striking ‘‘lobbying registrations’’ 

19 and inserting ‘‘registrations’’; 

20 (2) in subsection (b)(1)(A), by inserting ‘‘polit21 ical intelligence firms, political intelligence consult22 ants,’’ after ‘‘lobbying firms’’; and 

23 (3) in subsection (c), by inserting ‘‘or political 

24 intelligence consultant’’ after ‘‘a lobbyist’’. 


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1 SEC. 3. RESTRICTIONS ON FORMER OFFICERS, EMPLOY2 EES, AND ELECTED OFFICIALS OF THE EXEC3 UTIVE AND LEGISLATIVE BRANCHES RE4 GARDING POLITICAL INTELLIGENCE CON5 TACTS. 

6 Section 207 of title 18, United States Code, is 

7 amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1), by inserting after 

10 ‘‘with the intent to influence,’’ the following: 

11 ‘‘or with the intent to gain information for use 

12 in analyzing securities or commodities markets, 

13 or in informing investment decisions in securi14 ties or commodities markets,’’; and 

15 (B) in paragraph (2), by inserting after 

16 ‘‘with the intent to influence,’’ the following: 

17 ‘‘or with the intent to gain information for use 

18 in analyzing securities or commodities markets, 

19 or in informing investment decisions in securi20 ties or commodities markets,’’; 

21 (2) in subsection (c)(1), by inserting after ‘‘with 

22 the intent to influence,’’ the following: ‘‘or with the 

23 intent to gain information for use in analyzing secu24 rities or commodities markets, or in informing in25 vestment decisions in securities or commodities mar26 kets,’’; 


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1 (3) in subsection (d)(1), by inserting after 

2 ‘‘with the intent to influence,’’ the following: ‘‘or 

3 with the intent to gain information for use in ana4 lyzing securities or commodities markets, or in in5 forming investment decisions in securities or com6 modities markets,’’; 

7 (4) in subsection (e), by inserting after ‘‘with 

8 the intent to influence,’’ each place it appears the 

9 following: ‘‘or with the intent to gain information for 

10 use in analyzing securities or commodities markets, 

11 or in informing investment decisions in securities or 

12 commodities markets,’’; 

13 (5) in subsection (i)(1), by inserting after ‘‘with 

14 the intent to influence,’’ each place it appears the 

15 following: ‘‘or with the intent to gain information for 

16 use in analyzing securities or commodities markets, 

17 or in informing investment decisions in securities or 

18 commodities markets,’’; and 

19 (6) in subsection (j), by adding at the end the 

20 following: 

21 ‘‘(8) REPRESENTATIVE OF A MEDIA ORGANIZA22 TION.—The restrictions contained in this section re23 lating to a communication made with the intent to 

24 gain information for use in analyzing securities or 

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1 cisions in securities or commodities markets shall 

2 not apply to a communication made by a representa3 tive of a media organization (as such term is defined 

4 in section 3 of the Lobbying Disclosure Act of 1995 

5 (2 U.S.C. 1602)), if the purpose of the communica6 tion is gathering and disseminating news and infor7 mation to the public.’’. 

8 SEC. 4. EFFECTIVE DATE. 

9 The amendments made by this Act shall apply with 

10 respect to any political intelligence contact (as defined in 

11 section 3 of the Lobbying Disclosure Act of 1995 (2 

12 U.S.C. 1602), as added by section 2 of this Act) that is 

13 made on or after the 90th day after the date of the enact14 ment of this Act. 

Æ 


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