(4) COVERED
LEGISLATIVE
BRANCH
OFFI-
CIAL.—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—
(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) CHAIRMAN.—The term ‘‘Chairman’’ means
the Chairman of the Federal Election Commission.
(6) ATTORNEY GENERAL.—The term ‘‘Attorney
General’’ means the Attorney General of the United
States.
(7) 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;
(B) volunteers who receive no financial or
other compensation from the person or entity
for their services; and
(C) individual citizens acting on their own
behalf.
(8) FOREIGN ENTITY.—The term ‘‘foreign en-
tity’’ means a foreign principal (as defined in section
1(b) of the Foreign Agents Registration Act of 1938
(22 U.S.C. 611(b)).
(9) LOBBYING ACTIVITIES.—The term ‘‘lobby-
ing activities’’ means lobbying contacts and efforts
in support of such contacts, including preparation
and planning activities, research and other back-
ground work that is intended, at the time it is per-
formed, for use in contacts, and coordination with
the lobbying activities of others. Lobbying activities
also include efforts to stimulate grassroots lobbying,
as described in section 4911(d)(1)(A) of the Internal
Revenue Code of 1986, to the extent that such com-
munications are made in support of a lobbying con-
tact by a registered lobbyist. A communication in
support of a lobbying contact is a lobbying activity
even if the communication is excluded from the defi-
nition of ‘‘lobbying contact’’ under paragraph
(10)(B).
(10) LOBBYING CONTACT.—
(A) DEFINITION.—The term ‘‘lobbying
contact’’ means any oral or written communica-
tion (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, 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), except that this clause does not in-
clude communications that are made to
any covered executive branch official—
(I) who is serving in a Senior Ex-
ecutive Service position described in
paragraph (3)(E); or
(II) who is a member of the uni-
formed services whose pay grade is
lower than O–9 under section 201 of
title 37, United States Code,
in the agency responsible for taking such
administrative or executive action; or
(iv) the nomination or confirmation of
a person for a position subject to confirma-
tion by the Senate.
(B) EXCEPTIONS.—The term ‘‘lobbying
contact’’ does not include a communication that
is—
(i) required by subpoena, civil inves-
tigative demand, or otherwise compelled by
statute, regulation, or other action of the
Congress or an agency; and
(ii) 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
paragraph 
(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);
(iii) between—
(I) officials of a self-regulatory
organization (as defined in section
3(a)(26) of the Securities Exchange
Act of 1934) that is registered with or
established by the Securities and Ex-
change Commission as required by
that Act or a similar organization that
is designated by or registered with the
Commodities Future Trading Com-