IV
104TH CONGRESS
1ST SESSION
H. CON. RES. 99
Providing for corrections in the enrollment of the bill (H.R. 1854) making
appropriations for the Legislative Branch for the fiscal year ending
September 30, 1996, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 6, 1995
Mr. BRYANT of Texas (for himself and Mr. OBEY) submitted the following
concurrent resolution; which was referred to the Committee on the Judici-
ary, and in addition to the Committees on House Oversight and Stand-
ards of Official Conduct, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
CONCURRENT RESOLUTION
Providing for corrections in the enrollment of the bill (H.R.
1854) making appropriations for the Legislative Branch
for the fiscal year ending September 30, 1996, and for
other purposes.
Resolved by the House of Representatives (the Senate
concurring), That in the enrollment of the bill (H.R. 1854)
entitled, ‘‘An Act making appropriations for the Legisla-
tive Branch for the fiscal year ending September 30, 1996,
and for other purposes’’, the Clerk of the House shall
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make the following correction: At the end of title III add
the following:
‘‘TITLE IV—LOBBYING
DISCLOSURE
‘‘SEC. 401. SHORT TITLE.
‘‘This title may be cited as the ‘Lobbying Disclosure
Act of 1995’.
‘‘SEC. 402. FINDINGS.
‘‘The Congress finds that—
‘‘(1) responsible representative Government re-
quires public awareness of the efforts of paid lobby-
ists to influence the public decisionmaking process in
both the legislative and executive branches of the
Federal Government;
‘‘(2) existing lobbying disclosure statutes 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 iden-
tity and extent of the efforts of paid lobbyists to in-
fluence Federal officials in the conduct of Govern-
ment actions will increase public confidence in the
integrity of Government.
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‘‘SEC. 403. 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
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 the coalition or
association and not its individual members.
‘‘(3) COVERED
EXECUTIVE
BRANCH
OFFI-
CIAL.—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 member of the uniformed serv-
ices whose pay grade is at or above O–7 under
section 201 of title 37, United States Code; and
‘‘(F) 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,
United 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;
‘‘(ii) a committee of either House of
Congress;
‘‘(iii) the leadership staff of the House
of Representatives or the leadership staff
of the Senate;
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‘‘(iv) a joint committee of Congress;
and
‘‘(v) a working group or caucus orga-
nized to provide legislative services or
other assistance to Members of Congress;
and
‘‘(D) any other legislative branch employee
serving in a position described under section
109(13) of the Ethics in Government Act of
1978 (5 U.S.C. App.).
‘‘(5) EMPLOYEE.—The term ‘employee’ means
any individual who is an officer, employee, partner,
director, or proprietor of a person or entity, but does
not include—
‘‘(A) independent contractors; or
‘‘(B) volunteers who receive no financial or
other compensation from the person or entity
for their services.
‘‘(6) FOREIGN ENTITY.—The term ‘foreign 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)).
‘‘(7) LOBBYING ACTIVITIES.—The term ‘lobby-
ing activities’ means lobbying contacts and efforts in
support of such contacts, including preparation and
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planning activities, research and other background
work that is intended, at the time it is performed,
for use in contacts, and coordination with the lobby-
ing activities of others.
‘‘(8) 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 license); or
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‘‘(iv) the nomination or confirmation
of a person for a position subject to con-
firmation 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;
‘‘(iii) made in a speech, article, publi-
cation or other material that is distributed
and made available to the public, or
through radio, television, cable television,
or other medium of mass communication;
‘‘(iv) made on behalf of a government
of a foreign country or a foreign political
party and disclosed under the Foreign
Agents Registration Act of 1938 (22
U.S.C. 611 et seq.);
‘‘(v) a request for a meeting, a re-
quest for the status of an action, or any
other similar administrative request, if the
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request does not include an attempt to in-
fluence 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 com-
mittee, 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;
‘‘(viii) information provided in writing
in response to an oral or written request
by a covered executive branch official or a
covered legislative branch official for spe-
cific information;
‘‘(ix) required by subpoena, civil inves-
tigative demand, or otherwise compelled by
statute, regulation, or other action of the
Congress or an agency;
‘‘(x) made in response to a notice in
the Federal Register, Commerce Business
Daily, or other similar publication solicit-
ing communications from the public and
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directed to the agency official specifically
designated in the notice to receive such
communications;
‘‘(xi) not possible to report without
disclosing information, the unauthorized
disclosure of which is prohibited by law;
‘‘(xii) made to an official in an agency
with regard to—
‘‘(I) a judicial proceeding or a
criminal or civil law enforcement in-
quiry, investigation, or proceeding; or
‘‘(II) a filing or proceeding that
the Government is specifically 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 writ-
ten agency procedures regarding an adju-
dication conducted by the agency under
section 554 of title 5, United States Code,
or substantially similar provisions;
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‘‘(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 mat-
ter of public record pursuant to established
agency procedures;
‘‘(xvi) made on behalf of an individual
with regard to that individual’s benefits,
employment, or other personal matters in-
volving only that individual, except that
this clause does not apply to any commu-
nication with—
‘‘(I) a covered executive branch
official, or
‘‘(II) a covered legislative branch
official (other than the individual’s
elected Members of Congress or em-
ployees who work under such Mem-
bers’ direct supervision),
with respect to the formulation, modifica-
tion, or adoption of private legislation for
the relief of that individual;
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‘‘(xvii) a disclosure by an individual
that is protected under the amendments
made by the Whistleblower Protection Act
of 1989, under the Inspector General Act
of 1978, or under another provision of law;
‘‘(xviii) made by—
‘‘(I) a church, its integrated aux-
iliary, 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); and
‘‘(xix) between—
‘‘(I) officials of a self-regulatory
organization (as defined in section
3(a)(26) of the Securities Exchange
Act) that is registered with or estab-
lished by the Securities and Exchange
Commission as required by that Act
or a similar organization that is des-
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ignated by or registered with the
Commodities Future Trading Com-
mission as provided under the Com-
modity Exchange Act; and
‘‘(II) the Securities and Ex-
change Commission or the Commod-
ities Future Trading Commission, re-
spectively;
relating to the regulatory responsibilities of
such organization under that Act.
‘‘(9) LOBBYING
FIRM.—The term ‘lobbying
firm’ means a person or entity that has 1 or more
employees who are lobbyists on behalf of a client
other than that person or entity. The term also in-
cludes a self-employed individual who is a lobbyist.
‘‘(10) 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 more than one lobbying contact, other
than an individual whose lobbying activities con-
stitute less than 20 percent of the time engaged in
the services provided by such individual to that cli-
ent over a six month period.
‘‘(11) MEDIA ORGANIZATION.—The term ‘media
organization’ means a person or entity engaged in
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disseminating information to the general public
through a newspaper, magazine, other publication,
radio, television, cable television, or other medium of
mass communication.
‘‘(12) 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.
‘‘(13) ORGANIZATION.—The term ‘organization’
means a person or entity other than an individual.
‘‘(14) 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.
‘‘(15) PUBLIC OFFICIAL.—The term ‘public of-
ficial’ 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 enter-
prise (as defined in section 3(8) of the
Congressional Budget and Impoundment
Control Act of 1974);
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‘‘(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 function-
ing as a student loan secondary market
pursuant 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);
‘‘(C) an organization of State or local
elected 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.
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‘‘(16) 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. 404. REGISTRATION OF LOBBYISTS.
‘‘(a) REGISTRATION.—
‘‘(1) GENERAL RULE.—No later than 45 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 Secretary of
the Senate and the Clerk of the House of Represent-
atives.
‘‘(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 par-
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ticular client (in the case of a lobbying
firm) does not exceed and is not expected
to exceed $5,000; 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
$20,000,
(as estimated under section 405) in the semi-
annual period described in section 405(a) dur-
ing which the registration would be made is not
required to register under subsection (a) with
respect to such client.
‘‘(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 Act;
and
‘‘(ii) on January 1 of each fourth year
occurring after January 1, 1997, to reflect
changes in the Consumer Price Index (as
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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 contain—
‘‘(1) the name, address, business telephone
number, and principal place of business of the reg-
istrant, and a general description of its business or
activities;
‘‘(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));
‘‘(3) the name, address, and principal place of
business of any organization, other than the client,
that—
‘‘(A) contributes more than $10,000 to-
ward the lobbying activities of the registrant in
a semiannual period described in section
405(a); and
‘‘(B) in whole or in major part plans, su-
pervises, or controls such lobbying activities.
‘‘(4) the name, address, principal place of busi-
ness, amount of any contribution of more than
$10,000 to the lobbying activities of the registrant,
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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 or-
ganization identified under paragraph (3) and
has a direct interest in the outcome of the lob-
bying activity;
‘‘(5) 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
‘‘(6) the name of each employee of the reg-
istrant who has acted or whom the registrant ex-
pects to act as a lobbyist on behalf of the client and,
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if any such employee has served as a covered execu-
tive branch official or a covered legislative branch of-
ficial in the 2 years before the date on which such
employee first acted (after the date of enactment of
this Act) as a 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 Secretary of the Senate and the Clerk
of the House of Representatives and terminate its reg-
istration.
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‘‘SEC. 405. REPORTS BY REGISTERED LOBBYISTS.
‘‘(a) SEMIANNUAL REPORT.—No later than 45 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 404,
each registrant shall file a report with the Secretary of
the Senate and the Clerk of the House of Representatives
on its lobbying activities during such semiannual period.
A separate report shall be filed for each client of the reg-
istrant.
‘‘(b) CONTENTS OF REPORT.—Each semiannual re-
port filed under subsection (a) shall contain—
‘‘(1) the name of the registrant, the name of
the client, and any changes or updates to the infor-
mation provided in the initial registration;
‘‘(2) for each general issue area in which the
registrant 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 en-
gaged in lobbying activities, including, to the
maximum extent practicable, a list of bill num-
bers and references to specific executive branch
actions;
‘‘(B) a statement of the Houses of Con-
gress and the Federal agencies contacted by
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lobbyists employed by the registrant on behalf
of the client;
‘‘(C) a list of the employees of the reg-
istrant who acted as lobbyists on behalf of the
client; and
‘‘(D) a description of the interest, if any,
of any foreign entity identified under section
404(b)(4) in the specific issues listed under
subparagraph (A).
‘‘(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; and
‘‘(4) in the case of a registrant engaged in lob-
bying activities on its own behalf, a good faith esti-
mate of the total expenses that the registrant and its
employees incurred in connection with lobbying ac-
tivities during the semiannual filing period.
‘‘(c) ESTIMATES OF INCOME OR EXPENSES.—For
purposes of this section, estimates of income or expenses
shall be made as follows:
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‘‘(1) Estimates of amounts in excess of $10,000
shall be rounded to the nearest $20,000.
‘‘(2) In the event income or expenses do not ex-
ceed $10,000, the registrant shall include a state-
ment that income or expenses totaled less than
$10,000 for the reporting period.
‘‘(3) A registrant that reports lobbying expendi-
tures pursuant to section 6033(b)(8) of the Internal
Revenue Code of 1986 may satisfy the requirement
to report income or expenses by filing with the Sec-
retary of the Senate and the Clerk of the House of
Representatives a copy of the form filed in accord-
ance with section 6033(b)(8).
‘‘SEC. 406. DISCLOSURE AND ENFORCEMENT.
‘‘The Secretary of the Senate and the Clerk of the
House of Representatives shall—
‘‘(1) provide guidance and assistance on the
registration and reporting requirements of this title
and develop common standards, rules, and proce-
dures for compliance with this title;
‘‘(2) review, and, where necessary, verify and
inquire to ensure the accuracy, completeness, and
timeliness of registration and reports;
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‘‘(3) develop filing, coding, and cross-indexing
systems to carry out the purpose of this title, includ-
ing—
‘‘(A) a publicly available list of all reg-
istered lobbyists, lobbying firms, and their cli-
ents; and
‘‘(B) computerized systems designed to
minimize the burden of filing and maximize
public access to materials filed under this title;
‘‘(4) make available for public inspection and
copying at reasonable times the registrations and re-
ports filed under this title;
‘‘(5) retain registrations for a period of at least
6 years after they are terminated and reports for a
period of at least 6 years after they are filed;
‘‘(6) compile and summarize, with respect to
each semiannual period, the information contained
in registrations and reports filed with respect to
such period in a clear and complete manner;
‘‘(7) notify any lobbyist or lobbying firm in
writing that may be in noncompliance with this title;
and
‘‘(8) notify the United States Attorney for the
District of Columbia that a lobbyist or lobbying firm
may be in noncompliance with this title, if the reg-
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istrant has been notified in writing and has failed to
provide an appropriate response within 60 days after
notice was given under paragraph (6).
‘‘SEC. 407. PENALTIES.
‘‘Whoever knowingly fails to—
‘‘(1) remedy a defective filing within 60 days
after notice of such a defect by the Secretary of the
Senate or the Clerk of the House of Representatives;
or
‘‘(2) comply with any other provision of this
title;
shall, upon proof of such knowing violation by a prepon-
derance of the evidence, be subject to a civil fine of not
more than $50,000, depending on the extent and gravity
of the violation.
‘‘SEC. 408. 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 any
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court to prohibit, lobbying activities or lobbying contacts
by any person or entity, regardless of whether such person
or entity is in compliance with the requirements of this
title.
‘‘(c) AUDIT AND INVESTIGATIONS.—Nothing in this
title shall be construed to grant general audit or investiga-
tive authority to the Secretary of the Senate or the Clerk
of the House of Representatives.
‘‘SEC. 409. AMENDMENTS TO THE FOREIGN AGENTS REG-
ISTRATION ACT.
‘‘The Foreign Agents Registration Act of 1938 (22
U.S.C. 611 et seq.) is amended—
‘‘(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
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‘‘(D) by striking subsection (q);
‘‘(2) in section 3(g) (22 U.S.C. 613(g)), by
striking ‘established agency proceedings, whether
formal or informal.’ and inserting ‘judicial proceed-
ings, criminal or civil law enforcement inquiries, in-
vestigations, 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
agent is required to register and does register under the
Lobbying Disclosure Act of 1995 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))—
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‘‘(A) in the matter preceding clause (i), by
striking ‘political propaganda’ and inserting ‘in-
formational 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.’;
‘‘(6) in section 4(c) (22 U.S.C. 614(c)), by
striking ‘political propaganda’ and inserting ‘infor-
mational 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
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‘‘(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 polit-
ical propaganda disseminated or distributed’.
‘‘SEC. 410. AMENDMENTS TO THE BYRD AMENDMENT.
‘‘(a) REVISED CERTIFICATION REQUIREMENTS.—
Section 1352(b) of title 31, United States Code, is
amended—
‘‘(1) in paragraph (2) by striking subpara-
graphs (A), (B), and (C) and inserting the following:
‘‘ ‘(A) the name of any registrant under
the Lobbying Disclosure Act of 1995 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 mak-
ing the declaration has not made, and will not
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make, any payment prohibited by subsection
(a).’;
‘‘(2) in paragraph (3) by striking all that fol-
lows ‘loan shall contain’ and inserting ‘the name of
any registrant under the Lobbying Disclosure Act of
1995 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 redesignat-
ing 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) by redesignating subsections (e), (f), (g),
and (h) as subsections (d), (e), (f), and (g), respec-
tively.
‘‘SEC. 411. REPEAL OF CERTAIN LOBBYING PROVISIONS.
‘‘(a) REPEAL OF THE FEDERAL REGULATION OF
LOBBYING ACT.—The Federal Regulation of Lobbying
Act (2 U.S.C. 261 et seq.) is repealed.
‘‘(b) REPEAL OF PROVISIONS RELATING TO HOUS-
ING LOBBYIST ACTIVITIES.—
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‘‘(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. 412. 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
3 of the Lobbying Disclosure Act of 1995)’ 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 1995 in
connection with the representation of a foreign en-
tity, as defined in section 3(7) of that Act’ after ‘an
agent of a foreign principal required to register
under the Foreign Agents Registration Act of 1938’;
and
‘‘(2) by striking out ‘, as amended,’.
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‘‘(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 lobbyist
for a foreign entity (as defined in section 3(7) of the Lob-
bying Disclosure Act of 1995)’ after ‘an agent of a foreign
principal (as defined by section 1(b) of the Foreign Agents
Registration Act of 1938)’.
‘‘SEC. 413. IDENTIFICATION OF CLIENTS AND COVERED OF-
FICIALS.
‘‘(a) ORAL LOBBYING CONTACTS.—Any person or
entity that makes an oral lobbying contact with a covered
legislative branch official or a covered executive branch of-
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 Act and identify the client on
whose behalf the lobbying contact is made; and
‘‘(2) state whether such client is a foreign en-
tity and identify any foreign entity required to be
disclosed under section 404(b)(4) that has a direct
interest in the outcome of the lobbying activity.
‘‘(b) WRITTEN LOBBYING CONTACTS.—Any person
or entity registered under this Act that makes a written
lobbying contact (including an electronic communication)
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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 Act, and state whether the person
making the lobbying contact is registered on behalf
of that client under section 4; and
‘‘(2) identify any other foreign entity identified
pursuant to section 404(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 con-
tact, the individual who is contacted or the office employ-
ing that individual shall indicate whether or not the indi-
vidual is a covered legislative branch official or a covered
executive branch official.
‘‘SEC. 414. ESTIMATES BASED ON TAX REPORTING SYSTEM.
‘‘(a) ENTITIES COVERED BY SECTION 6033(b) OF
THE INTERNAL REVENUE CODE OF 1986.—A registrant
that is required to report and does report lobbying expend-
itures pursuant to section 6033(b)(8) of the Internal Rev-
enue Code of 1986 may—
‘‘(1) make a good faith estimate (by category of
dollar value) of applicable amounts that would be re-
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‘‘TITLE V—CONGRESSIONAL
GIFT RULES
‘‘SEC. 501. AMENDMENT TO HOUSE RULES.
‘‘Clause 4 of rule XLIII of the Rules of the House
of Representatives is amended to read as follows:
‘‘ ‘4. (a)(1) No Member, officer, or employee of the
House of Representatives shall knowingly accept a gift ex-
cept as provided in this rule.
‘‘ ‘(2) A Member, officer, or employee may accept a
gift (other than cash or cash equivalent) which the Mem-
ber, officer, or employee reasonably and in good faith be-
lieves to have a value of less than $50, and a cumulative
value from one source during a calendar year of less than
$100. No gift with a value below $10 shall count toward
the $100 annual limit. No formal recordkeeping is re-
quired by this paragraph, but a Member, officer, or em-
ployee shall make a good faith effort to comply with this
paragraph.
‘‘ ‘(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.
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‘‘ ‘(2)(A) A gift to a family member 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, offi-
cer, or employee if it is given with the knowledge and ac-
quiescence 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.
‘‘ ‘(B) If food or refreshment is provided at the same
time and place to both a Member, officer, or employee and
the spouse or dependent thereof, only the food or refresh-
ment provided to the Member, officer, or employee shall
be treated as a gift for purposes of this rule.
‘‘ ‘(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
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.
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‘‘ ‘(3) A gift from a relative as described in sec-
tion 107(2) of title I of the Ethics in Government
Act of 1978 (Public Law 95–521).
‘‘ ‘(4)(A) Anything provided by an individual on
the basis of a personal friendship unless the Mem-
ber, officer, or employee has reason to believe that,
under the circumstances, the gift was provided be-
cause of the official position of the Member, officer,
or employee and not because of the personal friend-
ship.
‘‘ ‘(B) In determining whether a gift is provided
on the basis of personal friendship, the Member, of-
ficer, or employee shall consider the circumstances
under which the gift was offered, such as:
‘‘ ‘(i) The history of the relationship be-
tween the individual giving the gift and the re-
cipient of the gift, including any previous ex-
change of gifts between such individuals.
‘‘ ‘(ii) Whether to the actual knowledge of
the Member, officer, or employee the individual
who gave the gift personally paid for the gift or
sought a tax deduction or business reimburse-
ment for the gift.
‘‘ ‘(iii) Whether to the actual knowledge of
the Member, officer, or employee the individual
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who gave the gift also at the same time gave
the same or similar gifts to other Members, of-
ficers, or employees.
‘‘ ‘(5) Except as provided in paragraph 3(c), a
contribution or other payment to a legal expense
fund established for the benefit of a Member, officer,
or employee, that is otherwise lawfully made, if the
person making the contribution or payment is identi-
fied for the Committee of Standards of Official Con-
duct and complies with other disclosure require-
ments established by such Committee.
‘‘ ‘(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 ac-
tivities that are not connected to the duties of
the Member, officer, or employee as an office-
holder) of the Member, officer, or employee, or
the spouse of the Member, officer, or employee,
if such benefits have not been offered or en-
hanced because of the official position of the
•HCON 99 IH
Member, officer, or employee and are customar-
ily provided to others in similar circumstances;
‘‘ ‘(B) customarily provided by a prospec-
tive employer in connection with bona fide em-
ployment 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
form of books, articles, periodicals, other written
materials, audiotapes, videotapes, or other forms of
communication.
‘‘ ‘(10) Awards or prizes which are given to
competitors in contests or events open to the public,
including 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-
•HCON 99 IH
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) 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
House of Representatives.
‘‘ ‘(14) Bequests, inheritances, and other trans-
fers at death.
‘‘ ‘(15) 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.
‘‘ ‘(16) Anything which is paid for by the Fed-
eral Government, by a State or local government, or
secured by the Government under a Government
contract.
‘‘ ‘(17) A gift of personal hospitality (as defined
in section 109(14) of the Ethics in Government Act)
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of an individual other than a registered lobbyist or
agent of a foreign principal.
‘‘ ‘(18) Free attendance at a widely attended
event permitted pursuant to subparagraph (d).
‘‘ ‘(19) 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;
‘‘ ‘(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;
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‘‘ ‘(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
activities offered to all Government employees
by professional organizations if the only restric-
tions on membership relate to professional
qualifications.
‘‘ ‘(20) A plaque, trophy, or other item that is
substantially commemorative in nature and which is
intended solely for presentation.
‘‘ ‘(21) Anything for which, in an unusual case,
a waiver is granted by the Committee on Standards
of Official Conduct.
‘‘ ‘(22) Food or refreshments of a nominal value
offered other than as a part of a meal.
‘‘ ‘(23) An item of little intrinsic value such as
a greeting card, baseball cap, or a T-shirt.
‘‘ ‘(d)(1) A Member, officer, or employee may accept
an offer of free attendance at a widely attended conven-
tion, conference, symposium, forum, panel discussion, din-
ner, viewing, reception, or similar event, provided by the
sponsor of the event, if—
•HCON 99 IH
‘‘ ‘(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
be similarly accompanied or if such attendance is appro-
priate to assist in the representation of the House of Rep-
resentatives.
‘‘ ‘(3) 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 re-
imbursement for transportation and lodging may not be
accepted in connection with an event that does not meet
the standards provided in paragraph 2.
‘‘ ‘(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,
•HCON 99 IH
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, nor does it include food
or refreshments taken other than in a group setting with
all or substantially 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 friendship exception in subparagraph (c)(4)
unless the Committee on Standards of Official Conduct
issues a written determination that such exception applies.
No determination under this subparagraph is required for
gifts given on the basis of the family relationship excep-
tion.
‘‘ ‘(f) When it is not practicable to return a tangible
item because it is perishable, the item may, at the discre-
tion of the recipient, be given to an appropriate charity
or destroyed.
‘‘ ‘(g)(1) A reimbursement (including payment in
kind) to a Member, officer, or employee from an individual
other than a registered lobbyist or agent of a foreign prin-
cipal for necessary transportation, lodging and related ex-
penses for travel to a meeting, speaking engagement, fact-
finding trip or similar event in connection with the duties
of the Member, officer, or employee as an officeholder
•HCON 99 IH
shall be deemed to be a reimbursement to the House of
Representatives and not a gift prohibited by this rule, if
the Member, officer, or employee—
‘‘ ‘(A) 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
‘‘ ‘(B) 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.
‘‘ ‘(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.
‘‘ ‘(h) Each advance authorization to accept reim-
bursement shall be signed by the Member or officer under
whose direct supervision the employee works and shall in-
clude—
‘‘ ‘(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
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‘‘ ‘(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.
‘‘ ‘(i) Each disclosure made under subparagraph
(g)(1) of expenses reimbursed or to be reimbursed shall
be signed by the Member or officer (in the case of travel
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
expenses 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-
•HCON 99 IH
ance that the Member or officer is using public of-
fice for private gain.
‘‘ ‘(j) 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
exclusive of travel time within the United States or
7 days exclusive of travel time outside of the United
States unless approved in advance by the Committee
on Standards of Official Conduct;
‘‘ ‘(2) is limited to reasonable expenditures for
transportation, lodging, conference fees and mate-
rials, and 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, nor does it include entertainment
other than that provided to all attendees as an inte-
gral part of the event, except for activities or enter-
tainment otherwise permissible under this rule; 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
•HCON 99 IH
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 House of Represent-
atives.
‘‘ ‘(k) The Clerk of the House of Representatives shall
make available to the public all advance authorizations
and disclosures of reimbursement filed pursuant to sub-
paragraph (g) as soon as possible after they are received.
‘‘ ‘(l) A gift prohibited by paragraph (a) includes the
following:
‘‘ ‘(1) Anything provided by a registered lobby-
ist or an agent of a foreign principal to an entity
that is maintained or controlled by a Member, offi-
cer, or employee.
‘‘ ‘(2) A charitable contribution (as defined in
section 170(c) of the Internal Revenue Code of
1986) made by a registered lobbyist or an agent of
a foreign principal on the basis of a designation, rec-
ommendation, or other specification of a Member,
officer, or employee (not including a mass mailing or
other solicitation directed to a broad category of per-
sons or entities), other than a charitable contribu-
tion permitted by paragraph (4).
•HCON 99 IH
‘‘ ‘(3) A contribution or other payment by a reg-
istered lobbyist or an agent of a foreign principal to
a legal expense fund established for the benefit of a
Member, officer, or employee.
‘‘ ‘(4) A financial contribution or expenditure
made by a registered lobbyist or an agent of a for-
eign principal relating to a conference, retreat, or
similar event, sponsored by or affiliated with an offi-
cial congressional organization, for or on behalf of
Members, officers, or employees.
‘‘ ‘(m) A charitable contribution (as defined in section
170(c) of the Internal Revenue Code of 1986) made by
a registered lobbyist or an agent of a foreign principal in
lieu of an honorarium to a Member, officer, or employee
shall not be considered a gift under this rule if it is re-
ported as provided in subparagraph (n).
‘‘ ‘(n) A Member, officer, or employee who designates
or recommends a contribution to a charitable organization
in lieu of honoraria described in subparagraph (m) shall
report within 30 days after such designation or rec-
ommendation to the Clerk of the House of Representa-
tives—
‘‘ ‘(1) the name and address of the registered
lobbyist who is making the contribution in lieu of
honoraria;
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‘‘ ‘(2) the date and amount of the contribution;
and
‘‘ ‘(3) the name and address of the charitable
organization designated or recommended by the
Member.
The Clerk of the House of Representatives shall make
public information received pursuant to this subparagraph
as soon as possible after it is received.
‘‘ ‘(o) For purposes of this rule—
‘‘ ‘(1) the term ‘‘registered lobbyist’’ means a
lobbyist registered under the Federal Regulation of
Lobbying Act or any successor statute; and
‘‘ ‘(2) the term ‘‘agent of a foreign principal’’
means an agent of a foreign principal registered
under the Foreign Agents Registration Act.
‘‘ ‘(p) All the provisions of this rule shall be inter-
preted and enforced solely by the Committee on Standards
of Official Conduct. The Committee on Standards of Offi-
cial Conduct is authorized to issue guidance on any matter
contained in this rule.’ ’’.
‘‘SEC. 502. EFFECTIVE DATE.
‘‘The amendments made by this title shall take effect,
and shall be effective with respect to calendar years begin-
ning on, January 1, 1996.’’.
Æ
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