I
103D CONGRESS
1ST SESSION
H. R. 823
To provide for the disclosure of lobbying activities to influence the Federal
Government, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 4, 1993
Mr. BRYANT (for himself, Mr. GEKAS, and Mr. GLICKMAN) introduced the
following bill; which was referred to the Committee on the Judiciary
MARCH 16, 1993
Additional sponsors: Mr. OLVER and Mr. MAZZOLI
OCTOBER 28, 1993
Additional sponsors: Mr. STARK, Mr. FRANK of Massachusetts, Mr. PETER-
SON of Minnesota, Mr. STRICKLAND, Mr. HYDE, Mr. SENSENBRENNER,
Mr. LEVIN, Mr. SMITH of New Jersey, Mr. WALSH, Mr. RAMSTAD, Mr.
MURTHA, Mr. COLEMAN, Mr. ACKERMAN, Ms. DELAURO, Ms. WOOLSEY,
Mr. BARRETT of Wisconsin, Mr. SHAYS, Mr. MACHTLEY, Mr. VENTO,
and Mr. SCHIFF
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Lobbying Disclosure
Act of 1993’’.
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SEC. 2. FINDINGS AND PURPOSE.
(a) 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 investigative 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.
(b) PURPOSE.—The purposes of this Act are to—
(1) provide for the disclosure of the efforts of
paid lobbyists to influence Federal legislative or ex-
ecutive branch officials in the conduct of Govern-
ment actions; and
(2) afford the fullest opportunity to the people
of the United States to exercise their constitutional
right to petition their Government for a redress of
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grievances, to express their opinions freely to their
Government, and to provide information to their
Government.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ‘‘agency’’ has the same meaning
as such term is defined under section 551(1) of title
5, United States Code.
(2) The term ‘‘client’’ means any person who
employs or retains another person for financial or
other compensation to conduct lobbying activities on
its own behalf. An organization whose employees
conduct lobbying activities on its behalf is both a cli-
ent and an employer of the lobbyists. In the case of
a coalition or association that employs or retains
others to conduct lobbying activities on behalf of its
membership, the client is the coalition or association
and not its individual members.
(3) The term ‘‘covered executive branch offi-
cial’’ means—
(A) the President;
(B) the Vice President;
(C) any officer or employee of the Execu-
tive Office of the President other than a clerical
or secretarial employee;
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(D) any officer or employee serving in an
Executive level I, II, III, IV, or V position, as
designated in statute or executive order;
(E) any officer or employee serving in a
Senior Executive Service position, as defined
under section 3232(a)(2) of title 5, United
States Code;
(F) any member of the uniformed services
whose pay grade is at or in excess of O–7 under
section 201 of title 37, United States Code; and
(G) any officer or employee serving in a
position of a confidential or policy-determining
character under Schedule C of the excepted
service pursuant to regulations implementing
section 2103 of title 5, United States Code.
(4) The term ‘‘covered legislative branch offi-
cial’’ means—
(A) a Member of Congress;
(B) an elected officer of Congress;
(C) any employee of a Member of the
House of Representatives, of a committee of the
House of Representatives, or on the leadership
staff of the House of Representatives, other
than a clerical or secretarial employee;
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(D) any employee of a Senator, of a Sen-
ate Committee, or on the leadership staff of the
Senate, other than a clerical or secretarial em-
ployee; and
(E) any employee of a joint committee of
the Congress, other than a clerical or secretar-
ial employee.
(5) The term ‘‘Director’’ means the Director of
the Office of Lobbying Registration and Public Dis-
closure.
(6) The term ‘‘employee’’ means any individual
who is an officer, employee, partner, director, or pro-
prietor of an organization, but does not include—
(A) independent contractors or other
agents who are not regular employees; or
(B) volunteers who receive no financial or
other compensation from the organization for
their services.
(7) The term ‘‘foreign entity’’ means—
(A) a government of a foreign country or
a foreign political party (as such terms are de-
fined in section 1 (e) and (f) of the Foreign
Agents Registration Act of 1938, as amended
(22 U.S.C. 611 (e) and (f)));
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(iv) made on behalf of a foreign principal
and disclosed under the Foreign Agents Reg-
istration Act of 1938, as amended (22 U.S.C.
611 et seq.);
(v) requests for appointments, requests for
the status of a Federal action, or other similar
ministerial contacts, if there is no attempt to
influence covered legislative or executive branch
officials;
(vi) made in the course of participation in
an advisory committee subject to the Federal
Advisory Committee Act;
(vii) testimony given before a committee,
subcommittee, or office of Congress, or submit-
ted for inclusion in the public record of a hear-
ing conducted by such committee, subcommit-
tee, or office;
(viii) information provided in writing in re-
sponse to a specific written request from a Fed-
eral agency or a congressional committee, sub-
committee, or office;
(ix) required by subpoena, civil investiga-
tive demand, or otherwise compelled by statute,
regulation, or other action of Congress or a
Federal agency;
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(x) made in response to a notice in the
Federal Register, Commerce Business Daily, or
other similar publication soliciting communica-
tions from the public and directed to the agency
official specifically designated in the notice to
receive such communications;
(xi) not possible to report without disclos-
ing information, the unauthorized disclosure of
which is prohibited by law;
(xii) made to agency officials with regard
to judicial proceedings, criminal or civil law en-
forcement inquiries, investigations or proceed-
ings, or filings required by statute or regula-
tion;
(xiii) made in compliance with written
agency procedures regarding an adjudication
conducted by the agency under section 554 of
title 5, United States Code, or substantially
similar provisions;
(xiv) written comments filed in a public
docket and other communications that are
made on the record in a public proceeding; and
(xv) made on behalf of an individual with
regard to such individual’s benefits, employ-
ment, other personal matters involving only
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that individual, or disclosures by that individual
pursuant to applicable whistleblower statutes.
(10) The term ‘‘lobbyist’’ means any individual
who is employed or retained by another for financial
or other compensation to perform services that in-
clude lobbying contacts, other than an individual
whose lobbying activities are only incidental to, and
are not a significant part of, the services provided by
such individual to the client.
(11) The term ‘‘organization’’ means any cor-
poration (excluding a Government corporation), com-
pany, foundation, association, labor organization,
firm, partnership, society, joint stock company, or
group of organizations. Such term shall not include
any Federal, State, or local unit of government
(other than a State college or university as described
under section 511(a)(2)(B) of the Internal Revenue
Code of 1986), organization of State or local elected
or appointed officials, any Indian tribe, any national
or State political party and any organizational unit
thereof, or any Federal, State, or local unit of any
foreign government.
(12) The term ‘‘public official’’ means any
elected or appointed official who is a regular em-
ployee of a Federal, State, or local unit of govern-
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ment (other than a State college or university as de-
scribed under section 511(a)(2)(B) of the Internal
Revenue Code of 1986), an organization of State or
local elected or appointed officials, an Indian tribe,
a national or State political party or any organiza-
tional unit thereof, or a Federal, State, or local unit
of any foreign government.
SEC. 4. REGISTRATION OF LOBBYISTS.
(a) REGISTRATION.—(1) No later than 30 days after
a lobbyist first makes a lobbying contact or agrees to make
lobbying contacts, such lobbyist (or, as provided under
subsection (c)(2), the organization employing such lobby-
ist), shall register with the Office of Lobbying Registration
and Public Disclosure.
(2) Notwithstanding paragraph (1), any person
whose total income or total expenses in connection with
lobbying activities on behalf of a particular client do not
exceed, or are not expected to exceed, $1,000 in a semi-
annual period is not required to register for such client.
(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,
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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));
(3) the name of any organization, other than
the client, that—
(A) contributes more than $5,000 toward
the lobbying activities in a semiannual period;
(B) significantly participates in the super-
vision or control of the lobbying activities; and
(C) has a direct financial interest in the
outcome of the lobbying activities;
(4) the name, principal place of business, and
approximate percentage of equitable ownership in
the client (if any) or any foreign entity that—
(A) holds at least 20 percent equitable
ownership in the client;
(B) directly or indirectly, in whole or in
major part, supervises, controls, directs, fi-
nances, or subsidizes the activities of the client;
or
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(C) is an affiliate of the client that has a
direct interest in the outcome of the lobbying
activity;
(5) a statement of the general issue areas in
which the registrant expects to engage in lobbying
activities on behalf of the client and, to the extent
practicable, a list of specific issues that have already
been addressed or are likely to be addressed; and
(6) the name of each employee of the registrant
whom the registrant expects to act as a lobbyist on
behalf of the client and, if any such employee has
served as a covered legislative or executive branch
official in the 2 years prior to the date of the reg-
istration (or a report amending the registration), the
position in which such employee served.
(c) GUIDELINES
FOR REGISTRATION.—(1) In the
case of a registrant representing more than one client, a
separate registration shall be filed for each client rep-
resented.
(2) Any organization that has one or more employees
who are lobbyists shall file a single registration for each
client on behalf of its employees who engage in lobbying
activities on behalf of such client.
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SEC. 5. REPORTS BY REGISTERED LOBBYISTS.
(a) SEMIANNUAL REPORT.—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 it is registered, each registrant shall file a
report with the Office of Lobbying Registration and Public
Disclosure on its lobbying activities during such semi-
annual period.
(b) CONTENTS OF REPORT.—Each semiannual re-
port filed under this section 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
the registrant engaged in significant lobbying
activities, including a list of bill numbers and
references to specific regulatory actions, pro-
grams, projects, contracts, grants and loans, to
the maximum extent practicable;
(B) a statement of the Houses and com-
mittees of Congress and the Federal agencies
contacted by lobbyists employed by the reg-
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istrant on behalf of the client during the semi-
annual filing period;
(C) a list of the employees of the registrant
who acted as lobbyists on behalf of the client;
and
(D) a description of the interest in the
issue, if any, of any foreign entity identified
under section 4(b)(4);
(3) in the case of a registrant lobbying on be-
half of a client other than the registrant, a good
faith estimate of the total amount of all income from
the client (including any payments to the registrant
by any other person to lobby 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 lobbying on its
own behalf, a good faith estimate of the total ex-
penses that the organization and its employees in-
curred in connection with lobbying activities during
the semiannual filing period.
(c) ESTIMATES OF INCOME OR EXPENSES.—For the
purpose of this section, estimates of income or expenses
shall be made as follows:
(1) Income or expenses of $200,000 or less
shall be estimated by the following categories:
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(A) At least $1,000 but not more than
$10,000.
(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.
(E) More than $100,000 but not more
than $200,000.
(2) Income or expenses in excess of $200,000
shall be estimated and rounded to the nearest
$100,000.
(3) Any registrant whose total income or total
expenses are less than $1,000 in a semiannual pe-
riod (as estimated under subsection (b) (3) or (4),
or paragraph (4) of this subsection, as applicable) is
deemed to be inactive during such period and may
comply with the reporting requirements of this sec-
tion by so notifying the Director, in such form as
the Director may prescribe.
(4) In the case of registrants that are required
to report or identify lobbying income or expenses
under sections 6033 and 6104 of the Internal Reve-
nue Code of 1986, regulations developed under sec-
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tion 6 shall provide that the amounts required to be
disclosed under such sections, or a good faith esti-
mate of such amounts, may be reported (by category
of dollar value) to meet the requirements of sub-
section (b) (3) or (4) of this section.
(5) In estimating total income or expenses
under this section, a registrant is not required to in-
clude—
(A) the value of contributed services for
which no payment is made; or
(B) the expenses for services provided by
an independent contractor or agent of the reg-
istrant who is separately registered under this
Act.
( d) CONTACTS
WITH
CONGRESSIONAL
COMMIT-
TEES.—For purposes of subsection (b)(2), any contact
with a member of a congressional committee, an employee
of a congressional committee, or an employee of a member
of a congressional committee regarding a matter within
the jurisdiction of such committee is a contact with the
committee.
(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, on the request
of the registrant, for good cause shown.
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SEC. 6. ADMINISTRATIVE DUTIES OF THE OFFICE OF LOB-
BYING REGISTRATION AND PUBLIC DISCLO-
SURE.
(a) ESTABLISHMENT.—(1) There is established with-
in the Department of Justice an Office of Lobbying Reg-
istration and Public Disclosure, which shall be headed by
a Director. The Director shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate.
The Director shall be an individual who, by demonstrated
ability, background, training, and experience, is especially
qualified to carry out the functions of the position.
(2) Section 5316 of title 5, United States Code, is
amended by adding at the end thereof the following:
‘‘Director of the Office of Lobbying Registra-
tion and Public Disclosure, Department of Justice.’’.
(b) DUTIES.—The Director of the Office of Lobbying
Registration and Public Disclosure shall—
(1) after notice and an opportunity for public
comment, and consultation with the Secretary of the
Senate, the Clerk of the House of Representatives,
and the Administrative Conference of the United
States, prescribe such rules, forms, penalty sched-
ules, and procedural regulations as are necessary for
the implementation of this Act;
(2) provide guidance and assistance on the reg-
istration and reporting requirements of this Act, in-
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cluding, to the extent practicable, the issuance of
published decisions and advisory opinions;
(3) review and make such supplemental ver-
ifications or inquiries as are necessary to ensure the
completeness, accuracy, and timeliness of registra-
tions and reports;
(4) develop filing, coding, and cross-indexing
systems to carry out the purposes of this Act, in-
cluding computerized systems designed to minimize
the burden of filing and maximize public access to
materials filed under this Act;
(5) ensure that the computer systems developed
pursuant to paragraph (4)—
(A) allow the materials filed under this Act
to be accessed by client name, lobbyist name,
and registrant name; and
(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;
(6) make copies of each registration and report
filed under this Act available to the public in elec-
tronic and hard copy formats as soon as practicable
after the date on which such registration or report
is received;
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(7) preserve the originals or accurate reproduc-
tion of registrations until such time as they are ter-
minated, and of reports for a period of no less than
2 years from the date on which the report is
received;
(8) maintain a computer record of the informa-
tion contained in registrations and reports for no
less than 5 years after the date on which such reg-
istrations and reports are received;
(9) compile and summarize, with respect to
each semiannual period, the information contained
in registrations and reports filed during such period
in a manner which clearly presents the extent and
nature of expenditures on lobbying activities 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 pe-
riod;
(11) provide, by computer telecommunication
and other means, to the Secretary of the Senate and
the Clerk of the House of Representatives copies of
all registrations and reports received under this Act
and all compilations, cross-indexes and summaries of
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such registrations and reports, as soon as prac-
ticable (but not later than 2 working days) after
such material is received or created; and
(12) transmit to the President and the Con-
gress an annual report describing the activities of
the Office and the implementation of this Act, in-
cluding—
(A) a financial statement for the preceding
year;
(B) a summary of the registrations and re-
ports filed with the Office in the preceding year;
(C) a summary of the registrations and re-
ports filed on behalf of foreign entities in the
preceding year; and
(D) recommendations for such legislative
or other action as the Director considers appro-
priate.
SEC. 7. INFORMAL RESOLUTION OF ALLEGED NONCOMPLI-
ANCE.
(a) ALLEGATION
OF NONCOMPLIANCE.—Whenever
the Office of Lobbying Registration and Public Disclosure
has reason to believe that a person may be in noncompli-
ance with the requirements of this Act, the Director shall
notify the person in writing of the nature of the alleged
noncompliance and provide an opportunity for the person
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to respond in writing to the allegation within 30 days or
such longer period as the Director may determine appro-
priate in the circumstances.
(b) INFORMAL RESOLUTION.—If the person responds
within 30 days or other time limit set by the Director,
the Director shall—
(1) take no further action, if the person pro-
vides adequate information or explanation to deter-
mine that it is unlikely that a noncompliance exists;
(2) treat the noncompliance as a minor non-
compliance and, if appropriate, assess a penalty
under section 8, if the person agrees that there was
a noncompliance and corrects such noncompliance;
or
(3) make a determination under section 8, if
the information or explanation provided indicates
that a noncompliance may exist.
(c) FORMAL REQUEST FOR INFORMATION.—If the
person fails to respond in writing within 30 days or other
time limit set by the Director, or the response is not ade-
quate to determine whether a noncompliance exists, the
Director may make a formal request for specific additional
information (subject to applicable privileges) that is rea-
sonably necessary for the Director to determine whether
the alleged noncompliance in fact exists. Each such re-
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quest shall be structured in a way to minimize the burden
imposed, consistent with the need to determine whether
the person is in compliance, and shall—
(1) state the nature of the conduct constituting
the alleged noncompliance which is the basis for the
inquiry and the provision of law applicable thereto;
(2) describe the class or classes of documentary
material to be produced thereunder 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
material so requested may be assembled and made
available for inspection and copying or reproduction.
(d) NONDISCLOSURE
OF INFORMATION.—Informa-
tion provided to the Director under this section shall not
be made available to the public without the consent of the
person providing the information, except that—
(1) any new or amended report or registration
filed in connection with an inquiry under this section
shall be made available to the public in the same
manner as any other registration or report filed
under section 4 or 5; and
(2) written decisions issued by the Director
under sections 8 and 9 may be published after ap-
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propriate redaction to ensure that confidential infor-
mation is not disclosed.
SEC. 8. DETERMINATIONS OF NONCOMPLIANCE.
(a) NOTIFICATION AND HEARING.—If the informa-
tion provided to the Director under section 7 indicates
that a noncompliance may exist, the Director shall—
(1) notify the person in writing of this finding
and, if appropriate, a proposed penalty assessment
and provide such person with an opportunity to re-
spond in writing within 30 days;
(2)(A) in the case of a minor noncompliance,
afford the person a 30-day period in which to re-
quest an oral hearing before an independent presid-
ing official; and
(B) grant such a request made during such pe-
riod for good cause shown; and
(3) in the case of a significant noncompliance,
afford the person an opportunity for a hearing on
the record under the provisions of section 556 of
title 5, United States Code, if requested by such per-
son within 30 days.
(b) DETERMINATION.—Upon the receipt of a written
response, the completion of a hearing, or the expiration
of 30 days, the Director shall review the information re-
ceived under this section and section 7 and make a final
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determination whether there was a noncompliance and a
final determination of the penalty, if any. If no written
response or request for a hearing was received under this
section within the 30-day period provided, the determina-
tion and penalty assessment shall constitute a final and
nonappealable order.
(c) WRITTEN DECISION.—If the Director makes a
final determination that there was a noncompliance, the
Director shall issue a public written decision—
(1) requiring that the noncompliance be in-
cluded in a publicly available list of noncompliances,
to be reported to the Congress on a semiannual
basis;
(2) directing the person to correct the non-
compliance; and
(3) assessing a civil monetary penalty in an
amount determined as follows:
(A) In the case of a minor noncompliance,
the amount shall be no more than $10,000, de-
pending on the nature and extent of the non-
compliance.
(B) In the case of a significant noncompli-
ance, the amount shall be more than $10,000,
but no more than $100,000, depending on the
nature and extent of the noncompliance.
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(d) CIVIL INJUNCTIVE RELIEF.—If a person fails to
comply with a directive to correct a noncompliance under
subsection (c), the Director shall refer the case to the At-
torney General to seek civil injunctive relief.
(e) PENALTY ASSESSMENTS.—(1) No penalty shall
be assessed under this section unless the Director finds
that the person subject to the penalty knew or should have
known that such person was not in compliance with the
requirements of this Act. In determining the amount of
a penalty to be assessed, the Director shall take into ac-
count the totality of the circumstances, including the ex-
tent and gravity of the noncompliance and such other mat-
ters as justice may require. The Director shall not assess
a penalty in an amount greater than that recommended
by an administrative law judge after a hearing on the
record under subsection (a)(3) unless the Director deter-
mines that the recommendation of the administrative law
judge is arbitrary and capricious or an abuse of discretion.
(2) Regulations prescribed by the Director under sec-
tion 6 shall define minor and significant noncompliances.
Significant noncompliances shall be defined to include a
knowing failure to register and any other knowing non-
compliance that is extensive or repeated.
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SEC. 9. OTHER VIOLATIONS.
(a) LATE REGISTRATION OR FILING; FAILURE TO
PROVIDE INFORMATION.—If a person registers or files
more than 30 days after a registration or filing is required
under this Act, or fails to provide information requested
by the Director under section 7(c), the Director shall—
(1) notify the person in writing of the non-
compliance and a proposed penalty assessment and
provide such person with an opportunity to respond
in writing within 30 days; and
(2)(A) afford the person a 30-day period in
which to request an oral hearing before an independ-
ent presiding official; and
(B) grant such a request made during such pe-
riod for good cause shown.
(b) DETERMINATION.—Unless the Director deter-
mines that the late filing or failure to provide information
was justified, the Director shall make a final determina-
tion of noncompliance and a final determination of the
penalty, if any. If no written response or request for a
hearing was received under this section within the 30-day
period provided, the determination and penalty assessment
shall constitute a final and unappealable order.
(c) WRITTEN DECISION.—If the Director makes a
final determination that there was a noncompliance, the
Director shall issue a public written decision—
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(1) in the case of a late filing, assessing a civil
monetary penalty of $200 for each week by which
the filing was late, with the total penalty not to ex-
ceed $10,000; or
(2) in the case of a failure to provide informa-
tion—
(A) including the noncompliance in a pub-
licly available list of noncompliances, to be re-
ported to the Congress on a semiannual basis;
and
(B) assessing a civil monetary penalty in
an amount not to exceed $10,000.
(d) CIVIL INJUNCTIVE RELIEF.—In addition to the
penalties provided in this section, the Director may refer
the noncompliance to the Attorney General to seek civil
injunctive relief.
SEC. 10. JUDICIAL REVIEW.
(a) FINAL DECISION.—A written decision issued by
the Director under section 8 or 9 shall become final 60
days after the date on which the Director provides notice
of the decision, unless such decision is appealed under sub-
section (b) of this section.
(b) APPEAL.—Any person adversely affected by a
written decision issued by the Director under section 8 or
9 may appeal such decision, except as provided under sec-
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tions 8(b) or 9(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 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 conclu-
sive, unless found to be unsupported by substantial evi-
dence, 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
Act 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-
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.
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(d) ATTORNEYS’ FEES.—In any appeal brought
under this section, in which the person who is the subject
of such action substantially prevails on the merits, the
court may assess against the United States attorneys’ fees
and other litigation costs reasonably incurred in the ad-
ministrative proceeding and the appeal.
SEC. 11. RULES OF CONSTRUCTION.
(a) PROHIBITION OF ACTIVITIES.—Nothing in this
Act 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, regardless of whether such
person is in compliance with the requirements of this Act.
(b) AUDIT AND INVESTIGATIONS.—Nothing in this
Act shall be construed to grant general audit or investiga-
tive authority to the Director, or to authorize the Director
to review the files of a registrant, except in accordance
with the requirements of section 7 regarding the informal
resolution of alleged noncompliances and formal requests
for information.
SEC. 12. AMENDMENTS TO THE FOREIGN AGENTS REG-
ISTRATION ACT.
The Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 611 et seq.), is amended—
(1) in section 1—
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(A) by amending subsection (b) to read as
follows:
‘‘(b) The term ‘foreign principal’ means a government
of a foreign country or a foreign political party.’’;
(B) by striking out subsection (j);
(C) in subsection (o), by striking out ‘‘the
dissemination 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 in
lieu thereof ‘‘any activity which the person en-
gaging in believes will, or which he intends to,
in any way influence’’;
(D) in subsection (p) by striking out the
semicolon and inserting in lieu thereof a period;
and
(E) by striking out subsection (q);
(2) in section 3(g) (22 U.S.C. 613(g)), by strik-
ing out ‘‘established agency proceedings, whether
formal or informal.’’ and inserting in lieu thereof
‘‘judicial proceedings, criminal or civil law enforce-
ment inquiries, investigations or proceedings, or
agency proceedings required by statute or regulation
to be conducted on the record.’’;