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FIRST AMENDMENT RIGHTS PRESERVED
SEC. 306. Nothing in this title shall be deemed to
abridge any rights guaranteed under the First Amend-
ment of the United States Constitution, including freedom
of speech, or of the press; or the right of the people peace-
ably to assemble, and to petition the Government for a
redress of grievances.
EXPEDITED CONSIDERATION AND APPEAL OF CERTAIN
ACTIONS
SEC. 307. (a) DISTRICT COURT CONSIDERATION.—
Any action challenging the constitutionality of this title
shall be heard and determined by a panel of three judges
in accordance with section 2284 of title 28, United States
Code. The United States District Court for the District
of Columbia shall have exclusive jurisdiction over such ac-
tion, without regard to the sum or value of the matter
in controversy. It shall be the duty of the district court
to advance on the docket, and to expedite the disposition
of, any action brought under this subsection.
(b) APPEAL TO SUPREME COURT.—An appeal may
be taken directly to the Supreme Court of the United
States from any interlocutory or final judgment, decree,
or order entered in any action brought under subsection
(a). Any such appeal shall be taken by a notice of appeal
filed within 20 days after such judgment, decree, or order
is entered. The Supreme Court shall, if it has not pre-
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viously ruled on the question presented by such appeal,
accept jurisdiction over the appeal, advance the appeal on
the docket, and expedite the appeal.
CONSTRUCTION AND EFFECT
SEC. 308. Nothing in this title shall be construed to
affect the application of the internal revenue laws of the
United States.
TITLE III
PROHIBITION ON SUBSIDIZING POLITICAL ORGANIZATIONS
WITH TAXPAYER FUNDS
SEC. 301. (a) LIMITATIONS.—(1) Notwithstanding any
other provision of law, any organization receiving Federal
grants in an amount that, in the aggregate, is greater than
$125,000 in the most recent Federal fiscal year, shall be
subject to the limitations on lobbying activity expenditures
under section 4911(c)(2)(B) of the Internal Revenue Code
of 1986, except that, if exempt purpose expenditures are
over $17,000,000 then the organization shall also be subject
to a limitation on lobbying of 1 percent of the excess of
the exempt purpose expenditures over $17,000,000 unless
otherwise subject to section 4911(c)(2)(A) based on an elec-
tion made under section 501(h) of the Internal Revenue
Code of 1986.
(2) An organization described in section 501(c)(4) of
the Internal Revenue Code of 1986 that engaged in lobbying
activities during the organization’s previous taxable year
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shall not be eligible to receive Federal funds constituting
a taxpayer subsidized grant. This paragraph shall not
apply to organizations described in section 501(c)(4) with
gross annual revenues of less than $3,000,000 in such pre-
vious taxable year, including Federal funds received as a
taxpayer subsidized grant.
(b) DEFINITIONS.—For the purposes of this title:
(1) AGENCY.—The term ‘‘agency’’ has the mean-
ing given that term in section 551(1) of title 5, Unit-
ed States Code.
(2) CLIENT.—The term ‘‘client’’ means any per-
son or entity that employs or retains another person
for financial or other compensation to conduct lobby-
ing 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 associa-
tion that employs or retains other persons to conduct
lobbying activities, the client is the coalition or asso-
ciation and not its individual members.
(3) COVERED EXECUTIVE BRANCH OFFICIAL.—
The term ‘‘covered executive branch official’’ means—
(A) the President;
(B) the Vice President;
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(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 po-
sition 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 sec-
tion 201 of title 37, United States Code; and
(F) any officer or employee serving in a po-
sition of a confidential, policy-determining, pol-
icy-making, or policy-advocating character de-
scribed 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 individ-
ual functioning in the capacity of an employee
of—
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(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 orga-
nized to provide legislative services or other
assistance to Members of Congress; and
(D) any other legislative branch employee
serving in a position described under section
109(13) of the Ethics in Government Act of 1978
(5 U.S.C. App.).
(5) 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)
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of the Foreign Agents Registration Act of 1938 (22
U.S.C. 611(b)).
(7) GRANT.—The term ‘‘grant’’ means the provi-
sion of any Federal funds, appropriated under this or
any other Act, to carry out a public purpose of the
United States, except—
(A) the provision of funds for acquisition
(by purchase, lease, or barter) of property or
services for the direct benefit or use of the United
States;
(B) the payments of loans, debts, or entitle-
ments;
(C) the provision of funds to, or distribution
of funds by, a Federal court established under
Article I or III of the Constitution of the United
States;
(D) nonmonetary assistance provided by the
Department of Veterans Affairs to organizations
approved or recognized under section 5902 of
title 38, United States Code; and
(E) the provision of grant and scholarship
funds to students for educational purposes.
(8) LOBBYING ACTIVITIES.—The term ‘‘lobbying
activities’’ means lobbying contacts and efforts in
support of such contacts, including preparation and
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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.
(9) LOBBYING CONTACT.—
(A) DEFINITION.—The term ‘‘lobbying con-
tact’’ means any oral or written communication
(including an electronic communication) to a
covered executive branch official or a covered leg-
islative 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, Ex-
ecutive order, or any other program, policy,
or position of the United States Govern-
ment;
(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 li-
cense); or
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(iv) the nomination or confirmation of
a person for a position subject to confirma-
tion by the Senate.
(B) EXCEPTIONS.—The term ‘‘lobbying con-
tact’’ 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 dissemi-
nating news and information to the public;
(iii) made in a speech, article, publica-
tion 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 re-
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quest does not include an attempt to influ-
ence a covered executive branch official or a
covered legislative branch official;
(vi) made in the course of participa-
tion in an advisory committee subject to the
Federal Advisory Committee Act;
(vii) testimony given before a commit-
tee, subcommittee, or task force of the Con-
gress, or submitted for inclusion in the pub-
lic 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 cov-
ered legislative branch official for specific
information;
(ix) required by subpoena, civil inves-
tigative 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 com-
munications from the public and directed to
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the agency official specifically designated in
the notice to receive such communications;
(xi) not possible to report without dis-
closing information, the unauthorized dis-
closure 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 in-
quiry, 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 adjudica-
tion conducted by the agency under section
554 of title 5, United States Code, or sub-
stantially similar provisions;
(xiv) a written comment filed in the
course of a public proceeding or any other
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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 in-
volving only that individual, except that
this clause does not apply to any commu-
nication with—
(I) a covered executive branch offi-
cial, or
(II) a covered legislative branch
official (other than the individual’s
elected Members of Congress or employ-
ees who work under such Members’ di-
rect supervision),
with respect to the formulation, modifica-
tion, 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
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1989, under the Inspector General Act of
1978, or under another provision of law;
(xviii) made by—
(I) a church, its integrated auxil-
iary, or a convention or association of
churches that is exempt from filing a
Federal income tax return under para-
graph 2(A)(i) of section 6033(a) of the
Internal Revenue Code of 1986, or
(II) a religious order that is ex-
empt 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 or-
ganization (as defined in section
3(a)(26) of the Securities Exchange
Act) that is registered with or estab-
lished by the Securities and Exchange
Commission as required by that Act or
a similar organization that is des-
ignated by or registered with the Com-
modities Future Trading Commission
as provided under the Commodity Ex-
change Act; and
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(II) the Securities and Exchange
Commission or the Commodities Fu-
ture Trading Commission, respectively;
relating to the regulatory responsibilities of
such organization under that Act.
(10) 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.
(11) 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.
(12) 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.
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(13) MEMBER OF CONGRESS.—The term ‘‘Mem-
ber of Congress’’ means a Senator or a Representative
in, or Delegate or Resident Commissioner to, the Con-
gress.
(14) ORGANIZATION.—The term ‘‘organization’’
means a person or entity other than an individual.
(15) 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 or-
ganizations, or State or local government.
(16) PUBLIC OFFICIAL.—The term ‘‘public offi-
cial’’ means any elected official, appointed official, or
employee of—
(A) a Federal, State, or local unit of gov-
ernment in the United States other than—
(i) a college or university;
(ii) a government-sponsored enterprise
(as defined in section 3(8) of the Congres-
sional 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