I
103D CONGRESS
2D SESSION
H. R. 5085
A bill to provide for the disclosure of lobbying activities to influence the
Federal Government, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 23, 1994
Mr. BRYANT introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
A bill to provide for the disclosure of lobbying activities
to influence the Federal Government, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—LOBBYING DISCLOSURE
SECTION 101. SHORT TITLE.
This title may be cited as the ‘‘Lobbying Disclosure
Act of 1994’’.
SEC. 102. FINDINGS.
The Congress finds that—
(1) responsible representative Government re-
quires public awareness of the efforts of paid lobby-
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ists to influence the public decision making process
in both the legislative and executive branches of the
Federal Government;
(2) existing lobbying disclosure statues have
been ineffective because of unclear statutory lan-
guage, weak administrative and enforcement provi-
sions, 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 influ-
ence Federal officials in the conduct of Government
actions will increase public confidence in the integ-
rity 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 per-
son 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
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of such employees. In the case of a coalition or asso-
ciation that employs or retains other persons to con-
duct lobbying activities, the client is—
(A) the coalition or association and not its
individual members when the lobbying activities
are conducted on behalf of its membership and
financed by the coalition’s or association’s dues
and assessments; or
(B) an individual member or members,
when the lobbying activities are conducted on
behalf of, and financed separately by, 1 or more
individual members and not by the coalition’s or
association’s dues and assessments.
(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 Exec-
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utive Schedule, as designated by statute or ex-
ecutive order;
(E) any officer or employee serving in a
Senior Executive Service position, as defined in
section 3132(a)(2) of title 5, United States
Code;
(F) 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
(G) 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, Unit-
ed States Code.
(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;
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(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) DIRECTOR.—The term ‘‘Director’’ means
the Director of the Office of Lobbying Registration
and Public Disclosure.
(6) 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
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(B) volunteers who receive no financial or
other compensation from the person or entity
for their services.
(7) 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)).
(8) 
GRASSROOTS
LOBBYING
COMMUNICA-
TIONS.—The term ‘‘grassroots lobbying communica-
tions’’ means—
(A) any communication that attempts to
influence a matter described in clause (i), (ii),
(iii), or (iv) of section 103(10)(A) through an
attempt to affect the opinions of the general
public or any segment thereof;
(B) any communication between an organi-
zation and any bona fide member of such orga-
nization to directly encourage such member to
make a communication to a covered executive
branch official or a covered legislative branch
official with regard to a matter described in
clause (i), (ii), (iii), or (iv) of section
103(10)(A); and
(C) any communication between an organi-
zation and any bona fide member of such orga-
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nization to directly encourage such member to
urge persons other than members to commu-
nicate as provided in either subparagraph (A)
or subparagraph (B).
(9) LOBBYING ACTIVITIES.—
(A) DEFINITION.—The term ‘‘lobbying ac-
tivities’’ 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 coordi-
nation with the lobbying activities of others.
Except as provided in subparagraph (B), lobby-
ing activities also include grassroots lobbying
communications to the extent that such commu-
nications are made in support of a lobbying
contact. A communication in support of a lob-
bying contact is a lobbying activity even if the
communication is excluded from the definition
of ‘‘lobbying contact’’ under paragraph (10)(B).
(B) RELIGIOUS
ORGANIZATIONS.—Lobby-
ing activities do not include grassroots lobbying
communications by churches, their integrated
auxiliaries, 
conventions 
or 
associations 
of
churches, and religious orders that are exempt
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from filing Federal income tax returns under
paragraph (2)(A)(i) (or) (2)(A)(iii) of section
6033(a) of the Internal Revenue Code of 1986,
unless such communications are made by an-
other registrant or any person or entity re-
quired to be identified under section 104(b)(5).
(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-
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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) 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;
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(iii) made in a speech, article, publica-
tion or other material that is widely dis-
tributed 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-
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
Congress, or submitted for inclusion in the
public record of a hearing conducted by
such committee, subcommittee, or task
force;
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(viii) information provided in writing
in response to a written request by a cov-
ered executive branch official or a covered
legislative branch official for specific infor-
mation;
(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 solicit-
ing 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 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
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(II) a filing or proceeding that
the Government is specifically re-
quired by statute or regulation to
maintain or conduct on a confidential
basis,
if that agency is charged with responsibil-
ity for such proceeding, inquiry, investiga-
tion, 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
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 agen-
cy 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
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(12) LOBBYIST.—The term ‘‘lobbyist’’ means
any individual who is employed or retained by a cli-
ent for financial or other compensation for services
that include one or more lobbying contacts, other
than an individual whose lobbying activities con-
stitute less than 10 percent of the time engaged in
the services provided by such individual to that cli-
ent.
(13) 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.
(14) 
MEMBER
OF
CONGRESS.—The 
term
‘‘Member of Congress’’ means a Senator or a Rep-
resentative in, or Delegate or Resident Commis-
sioner to, the Congress.
(15) ORGANIZATION.—The term ‘‘organization’’
means a person or entity other than an individual.
(16) PERSON OR ENTITY.—The term ‘‘person
or entity’’ means any individual, corporation, com-
pany, foundation, association, labor organization,
firm, partnership, society, joint stock company,
group of organizations, or State or local government.
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(17) 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
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 pursu-
ant 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);
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(C) an organization of State or local elect-
ed 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 Edu-
cation 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.
(18) 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 30 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 Office of Lob-
bying Registration and Public Disclosure.
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(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
$2,500; or
(ii) total expenses in connection with
lobbying activities (in the case of an orga-
nization whose employees engage in lobby-
ing activities on its own behalf) do not ex-
ceed or are not expected to exceed $5,000.
(as estimated under section 105) in the semi-
annual period described in section 105(a) dur-
ing which the registration would be made is not
required to register under subsection (a) with
respect to such client.
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(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 title;
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 registra-
tion under this section shall be in such form as the Direc-
tor shall prescribe by regulation and shall contain—
(1) the name, address, business telephone num-
ber, and principal place of business of the registrant,
and a general description of its business or activi-
ties;
(2) the name, address, and principal place of
business of the registrant’s client, and a general de-
scription of its business or activities (if different
from paragraph (1));
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(3) the name, address, and principal place of
business of any organization, other than the client,
that—
(A) contributes more than $5,000 toward
the lobbying activities of the registrant in a
semiannual period described in section 105(a);
and
(B) participates significantly in the plan-
ning, supervision, or control of such lobbying
activities;
(4) the name, address, principal place of busi-
ness, amount of any contribution of more than
$5,000 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 cli-
ent or any organization identified under para-
graph (3); or
(C) is an affiliate of the client or any orga-
nization identified under paragraph (3) and has
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a direct interest in the outcome of the lobbying
activity;
(5) the name, address, and principal place of
business of any person or entity retained by the reg-
istrant to conduct grassroots lobbying communica-
tions on behalf of the registrant or the client (other
than an employee of the registrant or a person or
entity that is separately registered under this title in
connection with such representation);
(6) a statement of—
(A) the general issue areas in which the
registrant expects to engage in lobbying activi-
ties on behalf of the client; and
(B) to the extent practicable, specific is-
sues that have (as of the date of the registra-
tion) already been addressed or are likely to be
addressed in lobbying activities; and
(7) 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
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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 reg-
istrant making lobbying contacts on behalf of more
than 1 client, a separate registration under this sec-
tion 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 cli-
ent to conduct lobbying activities; and
(2) does not anticipate any additional lobbying
activities for such client,
may so notify the Director and terminate its registration.
SEC. 105. REPORTS BY REGISTERED LOBBYISTS.
(a) SEMIANNUAL REPORT.—
(1) IN GENERAL.—No later than 30 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
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with the Office of Lobbying Registration and Public
Disclosure on its lobbying activities during such
semiannual period. A separate report shall be filed
for each client of the registrant.
(2) EXEMPTION.—
(A) 
GENERAL
RULE.—Any 
registrant
whose—
(i) total income for a particular client
for matters that are related to lobbying ac-
tivities on behalf of that client (in the case
of a lobbying firm), does not exceed and is
not expected to exceed $2,500; or
(ii) total expenses in connection with
lobbying activities (in the case of a reg-
istrant whose employees engage in lobbying
activities on its own behalf) do not exceed
and are not expected to exceed $5,000,
in a semiannual period (as estimated under
paragraph (3) or (4) of subsection (b) or para-
graph (4) or subsection (c), as applicable) is
deemed to be inactive during such period and
may comply with the reporting requirements of
this section by so notifying the Director in such
form as the Director may prescribe.
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(B) ADJUSTMENT.—The dollar amounts in
subparagraph (A) shall be adjusted as provided
in section 104(a)(3)(B).
(b) CONTENTS OF REPORT.—Each semiannual re-
port filed under subsection (a) shall be in such form as
the Director shall prescribe by regulation and shall
contain—
(1) the name of the registrant, the name of the
client, and any changes or updates to the informa-
tion provided in the initial registration;
(2) for each general issue area in which the reg-
istrant 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 maxi-
mum extent practicable, a list of bill numbers
and references to specific regulatory actions,
programs, projects, contracts, grants and loans;
(B) a statement of the Houses and com-
mittees of Congress and the Federal agencies
contacted by lobbyists employed by the reg-
istrant on behalf of the client;
(C) a list of the employees of the registrant
who acted as lobbyists on behalf of the client;
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(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); and
(E) a list of the specific issues on which
any person or entity required to be identified
under section 104(b)(5) has engaged in grass
roots lobbying communications on behalf of the
client;
(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;
(4) in the case of a registrant engaged in lobby-
ing activities on its own behalf, a good faith estimate
of the total expenses that the registrant and its em-
ployees incurred in connection with lobbying activi-
ties during the semiannual filing period;
(5) the name, address, and principal place of
business of any person or entity other than the cli-
ent who paid the registrant to lobby on behalf of the
client; and
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(6) a good faith estimate of the total expenses
that the registrant and its employees incurred in
connection with grass roots lobbying communications
on behalf of the client (including any amount paid,
in connection with such communications, to a person
or entity required to be identified under section
104(b)(5)).
(c) ESTIMATES OF INCOME OR EXPENSES.—For pur-
poses of this section, estimates of income or expenses shall
be made as follows:
(1) $100,000 OR LESS.—Income or expenses of
$100,000 or less shall be estimated in accordance
with the following categories:
(A) $10,000 or less.
(B) More than $10,000 but not more than
$20,000.
(C) More than $20,000 but not more than
$50,000.
(D) More than $50,000 but not more than
$100,000.
(2) MORE THAN $100,000 BUT NOT MORE THAN
$500,000.—Income or expenses in excess of $100,000
but not more than $500,000 shall be estimated and
rounded to the nearest $50,000.
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(3) MORE THAN $500,000.—Income or expenses
in excess of $500,000 shall be estimated and round-
ed to the nearest $100,000.
(4) ESTIMATES BASED ON TAX REPORTING SYS-
TEM.—In the case of any registrant that is required
to report and does report lobbying expenditures as
required by section 6033(b)(8) of the Internal Reve-
nue Code of 1986, regulations prescribed under sec-
tion 107 shall provide that the registrant may make
a good faith estimate of applicable amounts that
would be required to be disclosed under such section
of the Internal Revenue Code of 1986 for the appli-
cable semiannual period (by category of dollar value)
to meet the requirements of subsections (b)(4) and
(b)(6), if each time the registrant makes such an es-
timate, the registrant informs the Director that the
registrant is making such an estimate.
(5) CONSTRUCTION.—In estimating total in-
come or expenses under this section, a registrant is
not required to include—
(A) the value of contributed services for
which no payment is made; or
(B) the expenses for services provided by
an independent contractor of the registrant who
is separately registered under this title.
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(d) CONTACTS.—
(1) CONTACT
WITH
COMMITTEES.—For pur-
poses of subsection (b)(2), any contact with a mem-
ber of a committee of Congress, an employee of a
committee of Congress, or an employee of a member
of a committee of Congress regarding a matter with-
in the jurisdiction of such committee shall be consid-
ered to be a contact with the committee.
(2) CONTACTS WITH HOUSE OF CONGRESS.—
For purposes of subsection (b)(2), any contact with
a Member of Congress or an employee of a Member
of Congress regarding a matter that is not within
the jurisdiction of a committee of Congress of which
that Member is a member shall be considered to be
a contact with the House of Congress of that
Member.
(3) CONTACTS WITH FEDERAL AGENCIES.—For
purposes of subsection (b)(2), any contact with a
covered executive branch official shall be considered
to be a contact with the Federal agency that em-
ploys that official, except that a contact with a cov-
ered executive branch official who is detailed to an-
other Federal agency or to the Congress shall be
considered to be a contact with the Federal agency
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or with the committee of Congress or House of Con-
gress to which the official is detailed.
(e) EXTENSION
FOR FILING.—The Director may
grant an extension of time of not more than 30 days for
the filing of any report under this section, upon the re-
quest of the registrant, for good cause shown.
SEC. 106. PROHIBITION ON GIFTS BY LOBBYISTS, LOBBY-
ING FIRMS, AND AGENTS OF FOREIGN PRIN-
CIPALS.
(a) IN GENERAL.—
(1) PROHIBITION.—No lobbyist or lobbying
firm registered under this title and no agent of a
foreign principal registered under the Foreign
Agents Registration Act may provide a gift, directly
or indirectly, to any covered legislative branch offi-
cial.
(2) DEFINITION.—For purposes of this sec-
tion—
(A) the term ‘‘gift’’ means any gratuity,
favor, discount, entertainment, hospitality, loan,
forbearance, or other item having monetary
value and such term includes gifts of services,
training, transportation, lodging, and meals,
whether provided in kind, by purchase of a tick-
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et, payment in advance, or reimbursement after
the expense has been incurred; and
(B) a gift to the spouse or dependent of a
covered legislative branch official (or a gift to
any other individual based on that individual’s
relationship with the covered legislative branch
official) shall be considered a gift to the covered
legislative branch official if it is given with the
knowledge and acquiescence of the covered leg-
islative branch official and is given because of
the official position of the covered legislative
branch official.
(b) GIFTS.—The prohibition in subsection (a) in-
cludes the following:
(1) Anything provided by a lobbyist or a foreign
agent which is paid for, charged to, or reimbursed
by a client or firm of such lobbyist or foreign agent.
(2) Anything provided by a lobbyist, a lobbying
firm, or a foreign agent to an entity that is main-
tained or controlled by a covered legislative branch
official.
(3) A charitable contribution (as defined in sec-
tion 170(c) of the Internal Revenue Code of 1986)
made by a lobbyist, a lobbying firm, or a foreign
agent on the basis of a designation, recommenda-
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tion, or other specification of a covered legislative
branch official (not including a mass mailing or
other solicitation directed to a broad category of per-
sons or entities).
(4) A contribution or other payment by a lobby-
ist, a lobbying firm, or a foreign agent to a legal ex-
pense fund established for the benefit of a covered
legislative branch official or a covered executive
branch official.
(5) A charitable contribution (as defined in sec-
tion 170(c) of the Internal Revenue Code of 1986)
made by a lobbyist, a lobbying firm, or a foreign
agent in lieu of an honorarium to a covered legisla-
tive branch official.
(6) A financial contribution or expenditure
made by a lobbyist, a lobbying firm, or a foreign
agent relating to a conference, retreat, or similar
event, sponsored by or affiliated with an official con-
gressional organization, for or on behalf of covered
legislative branch officials.
(c) NOT GIFTS.—The following are not gifts subject
to the prohibition in subsection (a):
(1) Anything for which the recipient pays the
market value, or does not use and promptly returns
to the donor.
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(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 at-
tendance at a fundraising event sponsored by a po-
litical organization described in section 527(e) of the
Internal Revenue Code of 1986.
(3) Food or refreshments of nominal value of-
fered other than as part of a meal.
(4) Benefits resulting from the business, em-
ployment, or other outside activities of the spouse of
a covered legislative branch official, if such benefits
are customarily provided to others in similar cir-
cumstances.
(5) Pension and other benefits resulting from
continued participation in an employee welfare and
benefits plan maintained by a former employer.
(6) Informational materials that are sent to the
office of a covered legislative branch official in the
form of books, articles, periodicals, other written
materials, audio tapes, videotapes, or other forms of
communication.
(d) GIFTS GIVEN FOR A NONBUSINESS PURPOSE
AND MOTIVATED BY FAMILY RELATIONSHIP OR CLOSE
PERSONAL FRIENDSHIP.—
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(1) IN GENERAL.—A gift given by an individual
under circumstances which make it clear that the
gift is given for a nonbusiness purpose and is moti-
vated by a family relationship or close personal
friendship and not by the position of the covered leg-
islative branch official shall not be subject to the
prohibition in subsection (a).
(2) NONBUSINESS PURPOSE.—A gift shall not
be considered to be given for a nonbusiness purpose
if the individual giving the gift seeks—
(A) to deduct the value of such gift as a
business expense on the individual’s Federal in-
come tax return, or
(B) direct or indirect reimbursement or
any other compensation for the value of the gift
from a client or employer of such lobbyist or
foreign agent.
(3) FAMILY
RELATIONSHIP
OR
CLOSE
PER-
SONAL FRIENDSHIP.—In determining if the giving of
a gift is motivated by a family relationship or close
personal friendship, at least the following factors
shall be considered:
(A) The history of the relationship between
the individual giving the gift and the recipient
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of the gift, including whether or not gifts have
previously been exchanged by such individuals.
(B) Whether the gift was purchased by the
individual who gave the item.
(C) Whether the individual who gave the
gift also at the same time gave the same or
similar gifts to other covered legislative branch
officials.
SEC. 107. OFFICE OF LOBBYING REGISTRATION AND PUB-
LIC DISCLOSURE.
(a) ESTABLISHMENT AND DIRECTOR.—
(1) ESTABLISHMENT.—There is established an
executive agency to be known as the office of Lobby-
ing Registration and Public Disclosure.
(2) DIRECTOR.—(A) the Office shall be headed
by a Director, who shall be appointed by the Presi-
dent, by and with the advice and consent of the
Senate.
(B) The Director shall be an individual who, by
demonstrated ability, background, training, and ex-
perience, is qualified to carry out the functions of
the position. The term of service of the Director
shall be 5 years.
(C) Section 5316 of title 5, United States Code,
is amended by adding at the end the following: ‘‘Di-
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rector of the Office of Lobbying Registration and
Public Disclosure’’.
(b) ADMINISTRATIVE POWERS.—The Director may—
(1) appoint officers and employees, including
attorneys, in accordance with chapter 51 and sub-
chapter III of chapter 53 of title 5, United States
Code, define their duties and responsibilities, and di-
rect and supervise their activities;
(2) contract for financial and administrative
services (including those related to budget and ac-
counting, financial reporting, personnel, and pro-
curement) with the General Services Administration,
or such Federal agency as the Director determines
appropriate, for which payment shall be made in ad-
vance or by reimbursement from funds of the Office
in such amounts as may be agreed upon by the Di-
rector and the head of the agency providing such
services, but the contract authority under this para-
graph shall be effective for any fiscal year only to
the extent that appropriations are available for that
purpose;
(3) request the head of any Federal department
or agency (who is hereby so authorized) to detail to
temporary duties with the Office such personnel
within the agency head’s administrative jurisdiction
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as the Office may need for carrying out its functions
under this title, with or without reimbursement;
(4) request agency heads to provide information
needed by the office, which information shall be sup-
plied to the extent permitted by law;
(5) utilize, with their consent, the services and
facilities of Federal agencies with or without reim-
bursement;
(6) accept, use, and dispose of gifts or dona-
tions of services or property, real, personal, or
mixed, tangible or intangible, for purposes of aiding
or facilitating the work of the Office; and
(7) use the United States mails in the same
manner and under the same conditions as other de-
partments and agencies of the United States.
(c) COOPERATION WITH OTHER GOVERNMENTAL
AGENCIES.—In order to avoid unnecessary expense and
duplication of function among Government agencies, the
Office may make such arrangements or agreements for co-
operation or mutual assistance in the performance of its
functions under this title as is practicable and consistent
with law. The head of the General Services Administration
and each department, agency, or establishment of the
United States shall cooperate with the Office and, to the
extent permitted by law, provide such information, serv-
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ices, personnel, and facilities as the Office may request
for its assistance in the performance of its functions under
this title.
(d) DUTIES.—The Director shall—
(1) after notice and a reasonable opportunity
for public comment, and consultation with the Sec-
retary of the Senate, the Clerk of the House of Rep-
resentatives, and the Administrative Conference of
the United States, prescribe such regulations, pen-
alty guidelines, and forms as are necessary to carry
out this title;
(2) provide guidance and assistance on the reg-
istration and reporting requirements of this title, in-
cluding—
(A) providing information to all registrants
at the time of registration about the obligations
of registered lobbyists under this title, and
(B) issuing published decisions and advi-
sory opinions;
(3) review the registrations and reports filed
under this title and make such verifications or in-
quiries as are necessary to ensure the completeness,
accuracy, and timeliness of the registrations and re-
ports;
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(4) develop filing, coding, and cross-indexing
systems to carry out the purposes of this title, in-
cluding—
(A) a publicly available list of all registered
lobbyists and their clients; and
(B) computerized systems designed to min-
imize the burden of filing and maximize public
access to materials filed under this title;
(5) ensure that the computer systems developed
pursuant to paragraph (4)—
(A) allow the materials filed under this
title to be accessed by the client name, lobbyist
name, and registrant name;
(B) are compatible with computer systems
developed and maintained by the Federal Elec-
tion Commission, and that information filed in
the two systems can be readily cross-referenced;
and
(C) are compatible with computer systems
developed and maintained by the Secretary of
the Senate and the Clerk of the House of Rep-
resentatives;
(6) make copies of each registration and report
filed under this title available to the public, upon the
payment of reasonable fees, not to exceed the cost
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of such copies, as determined by the Director, in
written and electronic formats, as soon as prac-
ticable after the date on which such registration or
report is received;
(7) preserve the originals or accurate reproduc-
tion of—
(A) registrations filed under this title for a
period that ends not less than 3 years after the
termination of the registration under section
104(d); and
(B) reports filed under this title for a pe-
riod that ends not less than 3 years after the
date on which the report is received;
(8) maintain a computer record of—
(A) the information contained in registra-
tions for a period that end not less than 5 years
after the termination of the registration under
section 104(d); and
(B) the information contained in reports
filed under this title for a period that ends not
less than 5 years after the date on which the
reports are received;
(9) compile and summarize, with respect to
each semiannual period, the information contained
in registrations and reports filed with respect to
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such period in a manner which clearly presents the
extent and nature of expenditures on lobbying activi-
ties during such period;
(10) make information compiled and summa-
rized under paragraph (9) available to the public in
electronic and hard copy formats as soon as prac-
ticable after the close of each semiannual filing
period;
(11) provide, by computer telecommunication or
other transmittal in a form accessible by computer,
to the Secretary of the Senate and the Clerk of the
House of Representatives copies of all registrations
and reports received under sections 104 and 105
and all compilations, cross-indexes, and summaries
of such registrations and reports, as soon as prac-
ticable (but not later than 3 working days) after
such material is received or created;
(12) make available to the public a list of all
persons whom the Director determines, under sec-
tion 109 (after exhaustion of all appeals under sec-
tion 111) to have committed a major or minor viola-
tion of this title and submit such list to the Con-
gress as part of the report provided for under para-
graph (13);
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(13) make available to the public upon request
and transmit to the President, the Secretary of the
Senate, the Clerk of the House of Representatives,
the Committee on Governmental Affairs of the Sen-
ate, and the Committee on the Judiciary of the
House of Representatives a report, not later than
March 31 of each year, describing the activities of
the Office and the implementation of this title, in-
cluding—
(A) a financial statement for the preceding
fiscal year;
(B) a summary of the registrations and re-
ports filed with the Office with respect to the
preceding calendar year;
(C) a summary of the registrations and re-
ports filed on behalf of foreign entities with re-
spect to the preceding calendar year; and
(D) recommendations for such legislative
or other action as the Director considers appro-
priate; and
(14) study the appropriateness of the definition
of ‘‘public official’’ under section 103(17) and make
recommendations for any change in such definition
in the first report filed pursuant to paragraph (13).
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SEC. 108. INITIAL PROCEDURES FOR ALLEGED VIOLA-
TIONS.
(a) ALLEGATION OF A VIOLATION.—Whenever the
Office of Lobbying Registration and Public Disclosure has
reason to believe that a person or entity may be in viola-
tion of the requirements of this title, the Director shall
notify the person or entity in writing of the nature of the
alleged violation and provide an opportunity for the person
or entity to respond in writing to the allegation within 30
days after the notification is sent or such longer period
as the Director may determine appropriate in the cir-
cumstances.
(b) INITIAL DETERMINATION.—
(1) IN GENERAL.—If the person or entity re-
sponds within the period described in the notification
under subsection (a), the Director shall—
(A) issue a written determination that the
person or entity has not violated this title if the
person or entity provides adequate information
or explanation to make such determination; or
(B) make a formal request for information
under subsection (c) or a notification under sec-
tion 109(a), if the information or explanation
provided is not adequate to make a determina-
tion under subparagraph (A).
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(2) WRITTEN DECISION.—If the Director makes
a determination under paragraph (1)(A), the Direc-
tor shall issue a public written decision in accord-
ance with section 110.
(c) FORMAL REQUEST FOR INFORMATION.—If a per-
son or entity fails to respond in writing within the period
described in the notification under subsection (a) or the
response is not adequate to determine whether such per-
son or entity has violated this title, the Director may make
a formal request for specific additional written informa-
tion (subject to applicable privileges) that is reasonably
necessary for the Director to make such determination.
Each such request shall be structured to minimize any
burden imposed, consistent with the need to determine
whether the person or entity is in compliance with this
title, and shall—
(1) state the nature of the conduct constituting
the alleged violation which is the basis for the in-
quiry and the provision of law applicable thereto;
(2) describe the class or classes of material to
be produced pursuant to the request with such defi-
niteness and certainty as to permit such material to
be readily identified; and
(3) prescribe a return date or dates which pro-
vide a reasonable period of time within which the
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person or entity may assemble and make available
for inspection and copying or reproduction the mate-
rial so requested.
SEC. 109. DETERMINATIONS OF VIOLATIONS.
(a) NOTIFICATION AND HEARING.—If the informa-
tion provided to the Director under section 108 indicates
that a person or entity may have violated this title, the
Director shall—
(1) notify the person or entity in writing of this
finding and, if appropriate, a proposed penalty as-
sessment and provide such person or entity with an
opportunity to respond in writing within 30 days
after the notice is sent; and
(2) if requested in writing by that person or en-
tity within that 30-day period, afford the person or
entity an opportunity for a hearing on the record
under the provisions of section 554 of title 5, United
States Code.
(b) DETERMINATION.—Upon the receipt of a written
response under subsection (a)(1) when no hearing under
subsection (a)(2) is requested, upon the completion of a
hearing requested under subsection (a)(2), or upon the ex-
piration of 30 days in a case in which no such written
response is received, the Director shall review the informa-
tion received under section 108 and this section (including
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evidence presented at any such hearing) and make a final
determination whether there was a violation and a final
determination of the penalty, if any. If no written response
was received under this section within the 30-day period
provided, the determination and penalty assessment shall
constitute a final order not subject to appeal.
(c) WRITTEN DECISION.—
(1) DETERMINATION
OF
VIOLATION.—If the
Director makes a final determination under sub-
section (b) that there was a violation, the Director
shall issue a written decision in accordance with sec-
tion 110—
(A) directing the person or entity to cor-
rect the violation; and
(B) assessing a civil monetary penalty—
(i) in the case of a minor violation,
which shall be no more than $10,000, de-
pending on the extent and gravity of the
violation;
(ii) in the case of a major violation,
which shall be more than $10,000, but no
more than $200,000, depending on the ex-
tent and gravity of the violation;
(iii) in the case of a late registration
or filing, which shall be $200 for each
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week by which the registration or filing
was late, unless the Director determines
that the failure to timely register or file
constitutes a major violation (as defined
under subsection (e)(2)) in which case the
amount shall be as prescribed by clause
(ii); or
(iv) in the case of a failure to provide
information requested by the Director pur-
suant to section 108(c), which shall be no
more than $10,000, depending on the ex-
tent and gravity of the violation, except
that no penalty shall be assessed if the Di-
rector determines that the violation was
the result of a good faith dispute over the
validity or appropriate scope of a request
for information.
(2) DETERMINATION OF NO VIOLATION OR IN-
SUFFICIENT EVIDENCE.—If the Director determines
that no violation occurred or there was not sufficient
evidence that a violation occurred, the Director shall
issue a written decision in accordance with section
110.
(d) CIVIL INJUNCTIVE RELIEF.—If a person or en-
tity fails to comply with a directive to correct a violation
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under subsection (c), the Director shall refer the case to
the Attorney General to seek civil injunctive relief in the
appropriate court of the United States to compel such per-
son or entity to comply with such directive.
(e) PENALTY ASSESSMENTS.—
(1) GENERAL RULE.—No penalty shall be as-
sessed under this section unless the Director finds
that the person or entity subject to the penalty knew
or should have known that such person or entity was
in violation of this title. In determining the amount
of a penalty to be assessed, the Director shall take
into account the totality of the circumstances, in-
cluding the extent and gravity of the violation,
whether the violation was voluntarily admitted and
corrected, the extent to which the person or entity
may have profited from the violation, the ability of
the person or entity to pay, and such other matters
as justice may require.
(2) REGULATIONS.—Regulations prescribed by
the Director under section 107 shall define major
and minor violations. Major violations shall be de-
fined to include a failure to register and any other
violation that is extensive or repeated, if the person
or entity who failed to register or committed such
other violation—
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(A) had actual knowledge that the conduct
constituted a violation;
(B) acted in deliberate ignorance of the
provisions of this title or regulations related to
the conduct constituting a violation; or
(C) acted in reckless disregard of the pro-
visions of this title or regulations related to the
conduct constituting a violation.
(f) LIMITATION.—No proceeding shall be initiated
under section 108 or this section unless the Director noti-
fies the person or entity who is to be the subject of the
proceeding of the alleged violation within 3 years after the
date on which the alleged violation occurred.
SEC. 110. DISCLOSURE OF INFORMATION; WRITTEN DECI-
SIONS.
(a) DISCLOSURE
OF
INFORMATION.—Information
provided to the Director pursuant to sections 108 and 109
shall not be made available to the public without the con-
sent of the person or entity providing the information, ex-
cept to the extent that such information may be included
in—
(1) a new or amended report or registration
filed under this title; or
(2) a written decision issued by the Director
under this section.
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(b) WRITTEN DECISIONS.—All written decisions is-
sued by the Director under sections 108 and 109 shall
be made available to the public. The Director may provide
for the publication of a written decision if the Director
determines that publication would provide useful guidance.
Before making a written decision public, the Director—
(1) shall delete information that would identify
a person or entity who was alleged to have violated
this title if—
(A) there was insufficient evidence to de-
termine that the person or entity violated this
title or the Director found that person or entity
did not violate this title; and
(B) the person or entity so requests; and
(2) shall delete information that would identify
any other person or entity (other than a person or
entity who was found to have violated this title), if
the Director determines that such person or entity
could reasonably be expected to be injured by the
disclosure of such information.
SEC. 111. JUDICIAL REVIEW.
(a) FINAL DECISION.—A written decision issued by
the Director under section 109 shall become final 60 days
after the date on which the Director provides notice of
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the decision, unless such decision is appealed under sub-
section (b) of this section.
(b) APPEAL.—Any person or entity adversely affected
by a written decision issued by the Director under section
109 may appeal such decision, except as provided under
section 109(b), to the appropriate United States court of
appeals. Such review may be obtained by filing a written
notice of appeal in such court no later than 60 days after
the date on which the Director provides notice of the Di-
rector’s decision and by simultaneously sending a copy of
such notice of appeal to the Director. The Director shall
file in such court the record upon which the decision was
issued, as provided under section 2112 of title 28, United
States Code. The findings of fact of the Director shall be
conclusive, unless found to be unsupported by substantial
evidence, as provided under section 706(2)(E) of title 5,
United States Code. Any penalty assessed or other action
taken in the decision shall be stayed during the pendency
of the appeal.
(c) RECOVERY OF PENALTY.—Any penalty assessed
in a written decision which has become final under this
title may be recovered in a civil action brought by the At-
torney General in an appropriate United States district
court. In any such action, no matter that was raised or
that could have been raised before the Director or pursu-
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ant to judicial review under subsection (b) may be raised
as a defense, and the determination of liability and the
determination of amounts of penalties and assessments
shall not be subject to review.
SEC. 112. 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 the Di-
rector or any court to prohibit, lobbying activities or lobby-
ing contacts by any person or entity, regardless of whether
such person or entity is in compliance with the require-
ments of this title.
(c) AUDIT AND INVESTIGATIONS.—Nothing in this
title shall be construed to grant general audit or investiga-
tive authority to the Director.
SEC. 113. AMENDMENTS TO THE FOREIGN AGENTS REG-
ISTRATION ACT.
The Foreign Agents Registration Act of 1938 (22
U.S.C. 611 et seq.) is amended—
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(1) in section 1—
(A) by striking subsection (j);
(B) in subsection (o) by striking ‘‘the dis-
semination 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 be-
lieves will, or that the person intends to, in any
way influence’’;
(C) in subsection (p) by striking the semi-
colon and inserting a period; and
(D) by striking subsection (q);
(2) in section 3(g) (22 U.S.C. 613(g)), by strik-
ing ‘‘established agency proceedings, whether formal
or informal.’’ and inserting ‘‘judicial proceedings,
criminal or civil law enforcement inquiries, investiga-
tions, 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
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agent is required to register and does register under the
Lobbying Disclosure Act of 1994 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.’’;
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(6) in section 4(c)(22 U.S.C. 614(c)), by strik-
ing ‘‘political propaganda’’ and inserting ‘‘informa-
tional materials’’;
(7) in section 6 (22 U.S.C. 616)—
(A) in subsection (a) by striking ‘‘and all
statements concerning the distribution of politi-
cal 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 con-
cerning the distribution of political propa-
ganda’’; 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 po-
litical propaganda disseminated or distributed’’.
SEC. 114. AMENDMENTS TO THE BYRD AMENDMENT.
(a) REVISED CERTIFICATION REQUIREMENTS.—Sec-
tion 1352(b) of title 31, United States Code, is amended—
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(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 1994 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
1994 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 REQUIRE-
MENT.—Section 1352 of title 31, United States Code, is
further amended—
(1) by striking subsection (d); and
(2) redesignating subsections (e), (f), (g), and
(h) as subsections (d), (e), (f), and (g), respectively.
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SEC. 115. REPEAL OF CERTAIN LOBBYING PROVISIONS.
(a) REPEAL OF THE FEDERAL REGULATION OF LOB-
BYING 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. 116. CONFORMING AMENDMENTS TO OTHER STAT-
UTES.
(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 in-
serting ‘‘or a lobbyist for a foreign entity (as the terms
‘lobbyist’ and ‘foreign entity’ are defined under section
103 of the Lobbying Disclosure Act of 1994)’’ 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 reg-
ister under the Lobbying Disclosure Act of 1994 in con-
nection with the representation of a foreign entity, as de-
fined in section 103(7) of that Act’’ after ‘‘an agent of
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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 lobby-
ist for a foreign entity (as defined in section 103(7) of
the Lobbying Disclosure Act of 1994)’’ after ‘‘an agent
of a foreign principal (as defined by section 1(b) of the
Foreign Agents Registration Act of 1938’’.
SEC. 117. SEVERABILITY.
If any provision of this title, or the application there-
of, 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. 118. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal
years 1995, 1996, 1997, 1998, and 1999 such sums as
may be necessary to carry out this title.
SEC. 119. IDENTIFICATION OF CLIENTS AND COVERED
OFFICIALS.
(a) ORAL LOBBYING CONTACTS.—Any person or en-
tity that makes an oral lobbying contact with a covered
legislative branch official or a covered executive branch of-
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ficial shall, on the request of the official at the time of
the lobbying contact—
(1) state whether the person or entity is reg-
istered under this title 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 dis-
closed under section 104(b)(4) that has a direct in-
terest in the outcome of the lobbying activity.
(b) WRITTEN LOBBYING CONTACTS.—Any person or
entity registered under this title that makes a written lob-
bying contact (including an electronic communication)
with a covered legislative branch official or a covered exec-
utive 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 title, and state whether the person
making the lobbying contact is registered on behalf
of that client under section 104; and
(2) identify any other foreign entity identified
pursuant to section 104(b)(4) that has a direct in-
terest in the outcome of the lobbying activity.
(c) IDENTIFICATION AS COVERED OFFICIAL.—Upon
request by a person or entity making a lobbying contact,
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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 execu-
tive branch official.
SEC. 120. TRANSITIONAL FILING REQUIREMENT.
(a) SIMULTANEOUS FILING.—Subject to subsection
(b), each registrant shall transmit simultaneously to the
Secretary of the Senate and the Clerk of the House of
Representatives an identical copy of each registration and
report required to be filed under this title.
(b) SUNSET PROVISION.—The simultaneous filing re-
quirement under subsection (a) shall be effective until
such time as the Director, in consultation with the Sec-
retary of the Senate and the Clerk of the House of Rep-
resentatives, determines that the Office of Lobbying Reg-
istration and Public Disclosure is able to provide computer
telecommunication or other transmittal or registrations
and reports as required under section 107(b)(11).
(c) IMPLEMENTATION.—The Director, the Secretary
of the Senate, and the Clerk of the House of Representa-
tives shall take such actions as necessary to ensure that
the Office of Lobbying Registration and Public Disclosure
is able to provide computer telecommunication or other
transmittal of registrations and reports as required under
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section 107(b)(11) on the effective date of this title, or
as soon thereafter as reasonably practicable.
SEC. 121. EFFECTIVE DATES AND INTERIM RULES.
(a) IN GENERAL.—Except as otherwise provided in
this section, this title and the amendments made by this
title shall take effect January 1, 1996.
(b) EFFECTIVE DATE OF GIFT PROHIBITION.—Sec-
tion 6 shall take effect on January 1, 1995. During cal-
endar year 1995, such section shall apply to any gift pro-
vided by a lobbyist or an agent of a foreign principal reg-
istered under the Federal Regulation of Lobbying Act or
the Foreign Agents Registration Act, including any person
registered under such Acts as of July 1, 1994, or there-
after.
(c) ESTABLISHMENT OF OFFICE.—Sections 107 and
108 shall take effect on the date of enactment of this Act.
(d) REPEALS AND AMENDMENTS.—The repeals and
amendments made under sections 113, 114, 115, and 116
shall take effect as provided under subsection (a), except
that such repeals and amendments—
(1) shall not affect any proceeding or suit com-
menced before the effective date under subsection
(a), and in all such proceedings or suits, proceedings
shall be had, appeals taken, and judgments rendered
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in the same manner and with the same effect as if
this title 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 re-
peals and amendments.
(e) REGULATIONS.—Proposed regulations required to
implement this title shall be published for public comment
no later than 270 days after the date of the enactment
of this Act. No later than 1 year after the date of the
enactment of this Act, final regulations required to imple-
ment this title shall be published.
(f) PHASE-IN PERIOD.—No penalty shall be assessed
by the Director under section 109(e) for a violation of this
title, other than for a violation of section 106, which oc-
curs during the first semiannual reporting period under
section 105 after the effective date prescribed by sub-
section (a).
(g) INTERIM RULES.—
(1) REPORTING RULE.—A person or entity that
is required to account for lobbying expenditures and
does account for lobbying expenditures pursuant to
section 162(e) of the Internal Revenue Code of 1986
may make a good faith estimate (by category of dol-
lar value) of the amount that would not be deduct-
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ible pursuant to that section for the applicable semi-
annual period to meet the requirements of sections
104(a)(3), 105(a)(2), and 105(b)(4), if the person or
entity—
(A) makes such an estimate to meet the
requirements of each such section of this title
for a given calendar year; and
(B) informs the Director that the person
or entity is making such an estimate in any
registration or report including such an esti-
mate.
(2) DE MINIMUS RULE.—In determining wheth-
er its employees are lobbyists under section
103(12)—
(A) a person or entity that is required to
report and does report lobbying expenditures
pursuant to section 6033(b)(8) of the Internal
Revenue Code of 1986, and makes an estimate
of expenses pursuant to section 105(c)(4) of
this title to meet the requirements of sections
104(a)(3), 105(a)(2), 105(b)(4), and 105(b)(6)
of this title, shall, in lieu of using the definition
of ‘‘lobbying activities’’ in section 103(9) of this
title, consider as lobbying activities—
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(i) activities that are influencing legis-
lation as defined in section 4911(d) of the
Internal Revenue Code of 1986;
(ii) activities described in section
4911(d)(2)(C) of the Internal Revenue
Code of 1986; and
(iii) lobbying activities (as defined in
section 103(9)) that are in support of a
lobbying contact with a covered executive
branch official; and
(B) a person or entity that is required to
account for lobbying expenditures and does ac-
count for lobbying expenditures pursuant to
section 162(e) of the Internal Revenue Code of
1986, and makes an estimate of expenses pur-
suant to paragraph (1) of this subsection, shall,
in lieu of using the definition of ‘‘lobbying ac-
tivities’’ in section 103(9), consider as lobbying
activities—
(i) activities that are influencing legis-
lation within the meaning of section
162(e)(1)(A) of the Internal Revenue Code
of 1986;
(ii) activities that are attempts to in-
fluence the general public, as described in
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section 162(e)(1)(C) of the Internal Reve-
nue Code of 1986; and
(iii) lobbying activities (as defined in
section 103(9)) that are in support of a
lobbying contact with a covered executive
branch official.
(3) STUDY.—Not later than March 31, 1997,
the Comptroller General of the United States shall
review reporting by registrants under paragraph (1)
of this section and section 105(c)(4) and report to
the Congress—
(A) the differences between the definition
of ‘‘lobbying activities’’ in section 103(9) and
the definitions of ‘‘lobbying expenditures’’, ‘‘in-
fluencing legislation’’, and related terms in sec-
tions 162(e) and 4911 of the Internal Revenue
Code of 1986, as each are implemented by reg-
ulations;
(B) the impact that any such differences
may have on filing and reporting under this
title pursuant to this subsection; and
(C) any changes to this title or to the ap-
propriate sections of the Internal Revenue Code
of 1986 that the Comptroller General may rec-
ommend to harmonize the definitions.
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(4) SUNSET
PERIOD.—This subsection shall
cease to be effective on December 31, 1998.
(h) INTERIM DIRECTOR.—Within 30 days after the
date of the enactment of this Act, the President shall des-
ignate an interim Director of the Office of Lobbying Reg-
istration and Public Disclosure, who shall serve at the
pleasure of the President until a Director of such Office
has been nominated by the President and confirmed by
the Senate. The interim Director may not promulgate
final regulations pursuant to section 107(d) or initiate
procedures for alleged violations pursuant to sections 108
and 109.
TITLE II—CONGRESSIONAL GIFT RULES
SEC. 201. AMENDMENTS TO SENATE RULES.
Rule XXXV of the Standing Rules of the Senate is
amended to read as follows:
‘‘1. No Member, officer, or employee of the Senate
shall accept a gift, knowing that such gift is provided by
a registered lobbyist, a lobbying firm, or an agent of a
foreign principal in violation of the Lobbying Disclosure
Act of 1994.
‘‘2. (a) In addition to the restriction on receiving gifts
from registered lobbyists, lobbying firms, and agents of
foreign principals provided by paragraph 1 and except as
provided in this Rule, no Member, officer, or employee of
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the Senate shall knowingly accept a gift from any other
person.
‘‘(b)(1) For the purpose of this Rule, the term ‘gift’
means any gratuity, favor, discount, entertainment, hospi-
tality, loan, forbearance, or other item having monetary
value. The term includes gifts of services, training, trans-
portation, lodging, and meals, whether provided in kind,
by purchase of a ticket, payment in advance, or reimburse-
ment after the expense has been incurred.
‘‘(2) A gift to the spouse or dependent 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.
‘‘(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
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seq.) that is lawfully made under that Act, or at-
tendance at a fundraising event sponsored by a po-
litical organization described in section 527(e) of the
Internal Revenue Code of 1986.
‘‘(3) Anything provided by an individual on the
basis of a personal or family relationship 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, offi-
cer, or employee and not because of the personal or
family relationship. The Select Committee on Ethics
shall provide guidance on the applicability of this
clause and examples of circumstances under which a
gift may be accepted under this exception.
‘‘(4) A contribution or other payment to a legal
expense fund established for the benefit of a Mem-
ber, officer, or employee that is otherwise lawfully
made.
‘‘(5) Any food or refreshments which the recipi-
ent reasonably believes to have a value of less than
$20.
‘‘(6) Any gift from another Member, officer, or
employee of the Senate or the House of Representa-
tives.
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‘‘(7) Food, refreshments, lodging, and other
benefits—
‘‘(A) resulting from the outside business or
employment activities (or other outside activi-
ties that re 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 pro-
vided to others in similar circumstances;
‘‘(B) customarily provided by a prospective
employer in connection with bona fide employ-
ment discussions; or
‘‘(C) provided by a political organization
described in section 527(e) of the Internal Rev-
enue Code of 1986 in connection with a fund-
raising 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
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form of books, articles, periodicals, other written
materials, audio tapes, videotapes, or other forms of
communication.
‘‘(10) Awards or prizes which are given to com-
petitors in contests or events open to the public, in-
cluding random drawings.
‘‘(11) Honorary degrees (and associated travel,
food, refreshments, and entertainment) and other
bona fide, nonmonetary awards presented in recogni-
tion of public service (and associated food, refresh-
ments, and entertainment provided in the presen-
tation of such degrees and awards).
‘‘(12) Donations of products from the State
that the Member represents that are intended pri-
marily for promotional purposes, such as display or
free distribution, and are of minimal value to any in-
dividual recipient.
‘‘(13) Food, refreshments, and entertainment
provided to a Member or an employee of a Member
in the Member’s home State, subject to reasonable
limitations, to be established by the Committee on
Rules and Administration.
‘‘(14) An item of little intrinsic value such as
a greeting card, baseball cap, or a T shirt.
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‘‘(15) Training (including food and refresh-
ments 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
Senate.
‘‘(16) Bequests, inheritances, and other trans-
fers at death.
‘‘(17) Any item, the receipt of which is author-
ized by the Foreign Gifts and Decorations Act, the
Mutual Educational and Cultural Exchange Act, or
any other statute.
‘‘(18) Anything which is paid for by the Federal
Government, by a State or local government, or se-
cured by the Government under a Government con-
tract.
‘‘(19) A gift of personal hospitality of an indi-
vidual, as defined in section 109(14) of the Ethics
in Government Act.
‘‘(20) Free attendance at a widely attended
event permitted pursuant to subparagraph (d).
‘‘(21) 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 consid-
eration;
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‘‘(B) offered to members of a group or
class in which membership is unrelated to con-
gressional employment;
‘‘(C) offered to members of an organiza-
tion, such as an employees’ association or con-
gressional 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 dis-
criminates among Government employees on the
basis of branch of Government or type of re-
sponsibility, 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 ac-
tivities offered to all Government employees by
professional organizations if the only restric-
tions on membership relate to professional
qualifications.
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‘‘(22) A plaque, trophy, or other memento of
modest value.
‘‘(23) Anything for which, in an unusual case,
a waiver is granted by the Select Committee on
Ethics.
‘‘(d)(1) Except as prohibited by paragraph 1, a Mem-
ber, officer, or employee may accept an offer of free at-
tendance at a widely attended convention, conference,
symposium, form, panel discussion, dinner, viewing, recep-
tion, or similar event, provided by the sponsor of the event,
if—
‘‘(A) the Member, officer, or employee partici-
pates in the event as a speaker or a panel partici-
pant, by presenting information related to Congress
or matters before Congress, or by performing a cere-
monial function appropriate to the Member’s, offi-
cer’s, or employee’s official position; or
‘‘(B) attendance at the event is appropriate to
the performance of the official duties or representa-
tive 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 unso-
licited offer of free attendance at the event for an accom-
panying individual if others in attendance will generally
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be similarly accompanied or if such attendance is appro-
priate to assist in the representation of the Senate.
‘‘(3) Except as prohibited by paragraph 1, 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 trans-
portation and lodging may not be accepted in connection
with the event.
‘‘(4) For purposes of this paragraph, the term ‘free
attendance’ may include waiver of all or part of a con-
ference or other fee, the provision of local transportation,
or the provision of food, refreshments, entertainment, and
instructional materials furnished to all attendees as an in-
tegral part of the event. The term does not include enter-
tainment collateral to the event, or food or refreshments
taken other than in a group setting with all or substan-
tially 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 relationship exception in subparagraph (c)(3) or
the close personal friendship exception in section 106(d)
of the Lobbying Disclosure Act of 1994 unless the Select
Committee on Ethics issues a written determination that
one of such exceptions applies.
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‘‘(f)(1) The Committee on Rules and Administration
is authorized to adjust the dollar amount referred to in
subparagraph (c)(5) on a periodic basis, to the extent nec-
essary to adjust for inflation.
‘‘(2) The Select Committee on Ethics shall provide
guidance setting forth reasonable steps that may be taken
by Members, officers, and employees, with a minimum of
paperwork and time, to prevent the acceptance of prohib-
ited gifts from lobbyists.
‘‘(3) When it is not practicable to return a tangible
items because it is perishable, the time may, at the discre-
tion of the recipient, be given to an appropriate charity
or destroyed.
‘‘3. (a)(1) Except as prohibited by paragraph 1, a re-
imbursement (including payment in kind) to a Member,
officer, or employee for necessary transportation, lodging
and related expenses for travel to a meeting, speaking en-
gagement, 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
Senate and not a gift prohibited by this rule, if the Mem-
ber, officer, or employee—
‘‘(A) in the case of an employee, receives ad-
vance authorization, from the Member or officer
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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 Secretary of
the Senate within 30 days after the travel is com-
pleted.
‘‘(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.
‘‘(b) Each advance authorization to accept reimburse-
ment 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 con-
nection with the duties of the employee as an office-
holder and would not create the appearance that the
employee is using public office for private gain.
‘‘(c) Each disclosure made under subparagraph
(a)(1) of expenses reimbursed or to be reimbursed shall
be signed by the Member or officer (in the case of travel
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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 transpor-
tation expenses reimbursed or to be reimbursed;
‘‘(2) a good faith estimate of total lodging ex-
penses reimbursed or to be reimbursed;
‘‘(3) a good faith estimate of total meal ex-
penses 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 ex-
penses as defined in this paragraph; and
‘‘(6) in the case of a reimbursement to a Mem-
ber 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 appear-
ance that the Member or officer is using public of-
fice for private gain.
‘‘(d) for the purposes of this paragraph, the term
‘necessary transportation, lodging, and related ex-
penses’—
‘‘(1) includes reasonable expenses that are nec-
essary for travel for a period not exceeding 3 days
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exclusive of traveltime within the United States or 7
days exclusive of traveltime outside of the United
States unless approved in advance by the Select
Committee on Ethics;
‘‘(2) is limited to reasonable expenditures for
transportation, lodging, conference fees and mate-
rials, land food and refreshments, including reim-
bursement for necessary transportation, whether or
not such transportation occurs within the periods de-
scribed in clause (1);
‘‘(3) does not include expenditures for rec-
reational activities, or entertainment other than that
provided to all attendees as an integral part of the
event; 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 di-
rect supervision the employee works) that the at-
tendance of the spouse or child is appropriate to as-
sist in the representation of the Senate.
‘‘(e) The Secretary of the Senate shall make available
to the public all advance authorizations and disclosures
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of reimbursement filed pursuant to subparagraph (a) as
soon as possible after they are received.’’.
SEC. 202. AMENDMENTS TO HOUSE RULES.
Clause 4 of rule XLIII of the Rules of the House
of Representatives is amended to read as follows:
‘‘4. (a) No Member, officer, or employee of the House
of Representatives shall accept a gift, knowing that such
gift is provided directly or indirectly by a registered lobby-
ist, a lobbying firm, or an agent of a foreign principal in
violation of the Lobbying Disclosure Act of 1994.
‘‘(b) In addition to the restriction on receiving gifts
from registered lobbyists, lobbying firms, and agents of
foreign principals provided by paragraph (a) and except
as provided in this Rule, no Member, officer, or employee
of the House of Representatives shall knowingly accept a
gift from any other person.
‘‘(c)(1) For the purpose of this clause, the term ‘gift’
means any gratuity, favor, discount, entertainment, hospi-
tality, loan, forbearance, or other item having monetary
value. The term includes gifts of services, training, trans-
portation, lodging, and meals, whether provided in kind,
by purchase of a ticket, payment in advance, or reimburse-
ment after the expense has been incurred.
‘‘(2) A gift to the spouse or dependent of a Member,
officer, or employee (or a gift to any other individual based
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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.
‘‘(d) The restrictions in paragraph (b) 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 at-
tendance at a fundraising event sponsored by a po-
litical organization described in section 527(e) of the
Internal Revenue Code of 1986.
‘‘(3) Anything provided by an individual on the
basis of a personal or family relationship unless the
Member, officer, or employee has reason to believe
that, under the circumstance, the gift was provided
because of the official position of the Member, offi-
cer, or employee and not because of the personal or
family relationship. The Committee on Standards of
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Official Conduct shall provide guidance on the appli-
cability of this clause and examples of circumstances
under which a gift may be accepted under this ex-
ception.
‘‘(4) A contribution or other payment to a legal
expense fund established for the benefit of a Mem-
ber, officer, or employee that is otherwise lawfully
made.
‘‘(5) Any food or refreshments which the recipi-
ent reasonably believes to have a value of less than
$20.
‘‘(6) Any gift from another Member, officer, or
employee of the Senate or the House of Representa-
tives.
‘‘(7) Food, refreshments, lodging, and other
benefits—
‘‘(A) resulting from the outside business or
employment activities (or other outside activi-
ties 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,
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tion of the recipient, be given to an appropriate charity
or destroyed.
‘‘(h)(1)(A) Except as prohibited by paragraph (a), a
reimbursement (including payment in kind) to a Member,
officer, or employee for necessary transportation, lodging
and related expenses for travel to a meeting, speaking en-
gagement, 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
paragraph, if the Member, officer, or employee—
‘‘(i) in the case of an employee, receives ad-
vance authorization, from the Member or officer
under whose direct supervision the employee works,
to accept reimbursement, and
‘‘(ii) 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.
‘‘(B) For purposes of clause (A), 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.