I 

110TH CONGRESS 

2D SESSION H. R. 5617 

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

of political intelligence activities. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2008 

Mr. BAIRD (for himself and Ms. SLAUGHTER) 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. 

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 Disclosure Act’’. 

6 SEC. 2. DISCLOSURE OF POLITICAL INTELLIGENCE ACTIVI7 TIES UNDER LOBBYING DISCLOSURE ACT. 

8 (a) DEFINITIONS.—Section 3 of the Lobbying Disclo9 sure Act of 1995 (2 U.S.C. 1602) is amended— 

10 (1) in paragraph (2)— 


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

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

3 political intelligence activities’’; and 

4 (B) by inserting after ‘‘lobbyists’’ the fol5 lowing: ‘‘or political intelligence consultants’’; 

6 and 

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

8 paragraphs: 

9 ‘‘(17) POLITICAL INTELLIGENCE ACTIVITIES.— 

10 The term ‘political intelligence activities’ means po11 litical intelligence contacts and efforts in support of 

12 such contacts, including preparation and planning 

13 activities, research, and other background work that 

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

15 contacts, and coordination with the political intel16 ligence activities of others. 

17 ‘‘(18) POLITICAL INTELLIGENCE CONTACT.— 

18 ‘‘(A) DEFINITION.—The term ‘political in19 telligence contact’ means any oral or written 

20 communication (including an electronic commu21 nication) to or from a covered executive branch 

22 official or a covered legislative branch official, 

23 the information derived from which is intended 

24 for use in analyzing securities or commodities 

25 markets, or in informing investment decisions, 


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1 that is made on behalf of a client with regard 

2 to— 

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

4 adoption of Federal legislation (including 

5 legislative proposals); 

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

7 adoption of a Federal rule, regulation, Ex8 ecutive order, or any other program, policy, 

9 or position of the United States Govern10 ment; or 

11 ‘‘(iii) the administration or execution 

12 of a Federal program or policy (including 

13 the negotiation, award, or administration 

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

15 or license). 

16 ‘‘(B) EXCEPTION.—The term ‘political in17 telligence contact’ does not include a commu18 nication that is made by or to a representative 

19 of the media if the purpose of the communica20 tion is gathering and disseminating news and 

21 information to the public. 

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

23 term ‘political intelligence firm’ means a person or 

24 entity that has 1 or more employees who are politVerDate Aug 31 2005 06:10 Mar 14, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5617.IH H5617

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1 ical intelligence consultants to a client other than 

2 that person or entity. 

3 ‘‘(20) POLITICAL INTELLIGENCE CONSULT4 ANT.—The term ‘political intelligence consultant’ 

5 means any individual who is employed or retained by 

6 a client for financial or other compensation for serv7 ices that include one or more political intelligence 

8 contacts.’’. 

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

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

11 amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1)— 

14 (i) by inserting after ‘‘whichever is 

15 earlier,’’ the following: ‘‘or a political intel16 ligence consultant first makes a political 

17 intelligence contact,’’; and 

18 (ii) by inserting after ‘‘such lobbyist’’ 

19 each place that term appears the following: 

20 ‘‘or consultant’’; 

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

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

23 following: ‘‘or consultants’’; and 

24 (C) in paragraph (3)(A)— 


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1 (i) by inserting after ‘‘lobbying activi2 ties’’ each place that term appears the fol3 lowing: ‘‘and political intelligence activi4 ties’’; and 

5 (ii) in clause (i), by inserting after 

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

7 intelligence firm’’; 

8 (2) in subsection (b)— 

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

10 ‘‘lobbying activities’’ each place that term ap11 pears the following: ‘‘or political intelligence ac12 tivities’’; 

13 (B) in paragraph (4)— 

14 (i) in the matter preceding subpara15 graph (A), by inserting after ‘‘lobbying ac16 tivities’’ the following: ‘‘or political intel17 ligence activities’’; and 

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

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

20 political intelligence activity’’; 

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

22 ‘‘lobbying activities’’ each place that term ap23 pears the following: ‘‘or political intelligence ac24 tivities’’; 


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1 (D) in paragraph (6), by inserting after 

2 ‘‘lobbyist’’ each place that term appears the fol3 lowing: ‘‘or political intelligence consultant’’; 

4 and 

5 (E) in the matter following paragraph (6), 

6 by inserting ‘‘or political intelligence activities’’ 

7 after ‘‘such lobbying activities’’; 

8 (3) in subsection (c)— 

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

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

11 intelligence contacts’’; and 

12 (B) in paragraph (2)— 

13 (i) by inserting after ‘‘lobbying con14 tact’’ the following: ‘‘or political intel15 ligence contact’’; and 

16 (ii) by inserting after ‘‘lobbying con17 tacts’’ the following: ‘‘and political intel18 ligence contacts’’; and 

19 (4) in subsection (d)(1), by inserting after ‘‘lob20 bying activities’’ each place that term appears the 

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

22 (c) REPORTS BY REGISTERED POLITICAL INTEL23 LIGENCE CONSULTANTS.—Section 5 of the Lobbying Dis24 closure Act of 1995 (2 U.S.C. 1604) is amended— 


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1 (1) in subsection (a), by inserting after ‘‘lob2 bying activities’’ the following: ‘‘and political intel3 ligence activities’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (2)— 

6 (i) in the matter preceding subpara7 graph (A), by inserting after ‘‘lobbying ac8 tivities’’ the following: ‘‘or political intel9 ligence activities’’; 

10 (ii) in subparagraph (A)— 

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

12 the following: ‘‘or political intelligence 

13 consultant’’; and 

14 (II) by inserting after ‘‘lobbying 

15 activities’’ the following: ‘‘or political 

16 intelligence activities’’; 

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

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

19 intelligence consultants’’; and 

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

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

22 intelligence consultants’’; 

23 (B) in paragraph (3)— 


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

2 the following: ‘‘or political intelligence 

3 firm’’; and 

4 (ii) by inserting after ‘‘lobbying activi5 ties’’ each place that term appears the fol6 lowing: ‘‘or political intelligence activities’’; 

7 and 

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

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

12 (3) in subsection (d)(1), in the matter pre13 ceding subparagraph (A), by inserting ‘‘or a political 

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

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

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

17 is amended— 

18 (1) in paragraph (3)(A), by inserting after ‘‘lob19 bying firms’’ the following: ‘‘, political intelligence 

20 consultants, political intelligence firms,’’; 

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

22 firm’’ and inserting ‘‘lobbying firm, political intel23 ligence consultant, or political intelligence firm’’; and 


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

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

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

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

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

7 ‘‘lobbying contacts, political intelligence activities, or polit8 ical intelligence contacts’’. 

9 (f) IDENTIFICATION OF CLIENTS AND COVERED OF10 FICIALS.—Section 14 of the Lobbying Disclosure Act of 

11 1995 (2 U.S.C. 1609) is amended— 

12 (1) in subsection (a)— 

13 (A) in the heading, by inserting ‘‘OR PO14 LITICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; 

15 (B) by inserting ‘‘or political intelligence 

16 contact’’ after ‘‘lobbying contact’’ each place 

17 that term appears; and 

18 (C) in paragraph (2), by inserting ‘‘or po19 litical intelligence activity, as the case may be’’ 

20 after ‘‘lobbying activity’’; 

21 (2) in subsection (b)— 

22 (A) in the heading, by inserting ‘‘OR PO23 LITICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; 


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1 (B) by inserting ‘‘or political intelligence 

2 contact’’ after ‘‘lobbying contact’’ each place 

3 that term appears; and 

4 (C) in paragraph (2), by inserting ‘‘or po5 litical intelligence activity, as the case may be’’ 

6 after ‘‘lobbying activity’’; and 

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

8 intelligence contact’’ after ‘‘lobbying contact’’. 

9 (g) ANNUAL AUDITS AND REPORTS BY COMP10 TROLLER GENERAL.—Section 26 of the Lobbying Disclo11 sure Act of 1995 (2 U.S.C. 1614) is amended— 

12 (1) in subsection (a), by inserting ‘‘political in13 telligence firms, political intelligence consultants,’’ 

14 after ‘‘lobbying firms’’; 

15 (2) in subsection (b)(1)(A), by inserting ‘‘polit16 ical intelligence firms, political intelligence consult17 ants,’’ after ‘‘lobbying firms’’; and 

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

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

Æ 


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