I 
114TH CONGRESS 
2D SESSION 
H. R. 4809 
To amend the Lobbying Disclosure Act of 1995 to require the disclosure 
of political intelligence activities, to amend title 18, United States Code, 
to provide for restrictions on former officers, employees, and elected 
officials of the executive and legislative branches regarding political intel-
ligence contacts, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 2016 
Ms. SLAUGHTER (for herself, Mr. DUNCAN of Tennessee, and Mr. WALZ) in-
troduced the following bill; which was referred to the Committee on the 
Judiciary 
A BILL 
To amend the Lobbying Disclosure Act of 1995 to require 
the disclosure of political intelligence activities, to amend 
title 18, United States Code, to provide for restrictions 
on former officers, employees, and elected officials of 
the executive and legislative branches regarding political 
intelligence contacts, 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 ‘‘Political Intelligence 
Transparency Act of 2016’’. 
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SEC. 2. DISCLOSURE OF POLITICAL INTELLIGENCE ACTIVI-
TIES UNDER LOBBYING DISCLOSURE ACT. 
(a) DEFINITIONS.—Section 3 of the Lobbying Disclo-
sure Act of 1995 (2 U.S.C. 1602) is amended— 
(1) in paragraph (2)— 
(A) by inserting after ‘‘lobbying activities’’ 
each place that term appears the following: ‘‘or 
political intelligence activities’’; and 
(B) by inserting after ‘‘lobbyists’’ the fol-
lowing: ‘‘or political intelligence consultants’’; 
and 
(2) by adding at the end the following new 
paragraphs: 
‘‘(17) POLITICAL INTELLIGENCE ACTIVITIES.— 
The term ‘political intelligence activities’ means po-
litical intelligence 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 coordination with such contacts and 
efforts of others. 
‘‘(18) POLITICAL INTELLIGENCE CONTACT.— 
‘‘(A) DEFINITION.—The term ‘political in-
telligence contact’ means any oral or written 
communication (including an electronic commu-
nication) to a covered executive branch official 
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or a covered legislative branch official, the in-
formation derived from which is for use in ana-
lyzing the markets for securities, commodities 
for future delivery, swaps, or security-based 
swaps, or in informing investment decisions in 
any such market, and which 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 
‘‘(iv) the nomination or confirmation 
of a person for a position subject to con-
firmation by the Senate. 
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‘‘(B) EXCEPTION.—The term ‘political in-
telligence contact’ does not include a commu-
nication that is— 
‘‘(i) made by a representative of a 
media organization (as such term is de-
fined in this subsection) if the purpose of 
the communication is gathering and dis-
seminating news and information to the 
public; 
‘‘(ii) 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; 
‘‘(iii) 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.); 
‘‘(iv) a request for a meeting, a re-
quest for the status of an action, or any 
other similar administrative request, if the 
request does not include an attempt to in-
fluence a covered executive branch official 
or a covered legislative branch official; 
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‘‘(v) made in the course of participa-
tion in an advisory committee subject to 
the Federal Advisory Committee Act; 
‘‘(vi) 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; 
‘‘(vii) 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; 
‘‘(viii) required by subpoena, civil in-
vestigative demand, or otherwise compelled 
by statute, regulation, or other action of 
the Congress or an agency, including any 
communication compelled by a Federal 
contract, grant, loan, permit, or license; 
‘‘(ix) made in response to a notice in 
the Federal Register, Commerce Business 
Daily, or other similar publication solic-
iting communications from the public and 
directed to the agency official specifically 
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designated in the notice to receive such 
communications; 
‘‘(x) not possible to report without 
disclosing information, the unauthorized 
disclosure of which is prohibited by law; 
‘‘(xi) 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 
responsibility for such proceeding, in-
quiry, investigation, or filing; 
‘‘(xii) 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; 
‘‘(xiii) a written comment filed in the 
course of a public proceeding or any other 
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communication that is made on the record 
in a public proceeding; 
‘‘(xiv) a petition for agency action 
made in writing and required to be a mat-
ter of public record pursuant to established 
agency procedures; 
‘‘(xv) 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, modification, or 
adoption of private legislation for the 
relief of that individual; 
‘‘(xvi) a disclosure by an individual 
that is protected under the amendments 
made by the Whistleblower Protection Act 
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of 1989, under the Inspector General Act 
of 1978, or under another provision of law; 
‘‘(xvii) 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 
‘‘(xviii) 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-
ignated by or registered with the 
Commodities Future Trading Com-
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‘‘(22) SECURITY-BASED SWAP.—The term ‘se-
curity-based swap’ has the meaning given such term 
in section 3(a)(68) of the Securities Exchange Act 
of 1934 (15 U.S.C. 78c(a)(68)). 
‘‘(23) COMMODITY.—The term ‘commodity’ has 
the meaning given such term in section 1a(9) of the 
Commodity Exchange Act (7 U.S.C. 1a(9)). 
‘‘(24) SWAP.—The term ‘swap’ has the mean-
ing given such term in section 1a(47) of the Com-
modity Exchange Act (7 U.S.C. 1a(47)).’’. 
(b) REGISTRATION REQUIREMENT.—Section 4 of the 
Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is 
amended— 
(1) in subsection (a)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) GENERAL RULE.—A lobbyist or a political 
intelligence consultant (or, as provided under para-
graph (2), the organization employing such lobbyist 
or consultant), shall register with the Secretary of 
the Senate and the Clerk of the House of Represent-
atives— 
‘‘(A) no later than 45 days after— 
‘‘(i) the lobbyist first makes a lob-
bying contact or is employed or retained to 
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make a lobbying contact, whichever is ear-
lier; or 
‘‘(ii) the political intelligence consult-
ant first makes a political intelligence con-
tact or is employed or retained to make a 
political intelligence contact, whichever is 
earlier; or 
‘‘(B) on the first business day after such 
45th day if the 45th day is not a business 
day.’’; 
(B) in paragraph (2), by inserting after 
‘‘lobbyists’’ each place that term appears the 
following: ‘‘or political intelligence consultants’’; 
and 
(C) in paragraph (3)(A)— 
(i) in clause (i)— 
(I) by inserting after ‘‘lobbying 
activities’’ the following: ‘‘and political 
intelligence activities’’; and 
(II) by inserting after ‘‘lobbying 
firm’’ the following: ‘‘or political intel-
ligence firm’’; and 
(ii) in clause (ii)— 
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(I) by inserting after ‘‘lobbying 
activities’’ the following: ‘‘and political 
intelligence activities’’; and 
(II) by inserting after ‘‘lobbying 
activities’’ the following: ‘‘or political 
intelligence activities’’; 
(2) in subsection (b)— 
(A) in paragraph (3), by inserting after 
‘‘lobbying activities’’ each place that term ap-
pears the following: ‘‘or political intelligence ac-
tivities’’; 
(B) in paragraph (4)— 
(i) in the matter preceding subpara-
graph (A), by inserting after ‘‘lobbying ac-
tivities’’ the following: ‘‘or political intel-
ligence activities’’; and 
(ii) in subparagraph (C), by inserting 
after ‘‘lobbying activity’’ the following: ‘‘or 
political intelligence activity’’; 
(C) in paragraph (5), by inserting after 
‘‘lobbying activities’’ each place that term ap-
pears the following: ‘‘or political intelligence ac-
tivities’’; and 
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(D) in the matter following paragraph (6), 
by inserting ‘‘or political intelligence activities’’ 
after ‘‘such lobbying activities’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by inserting after 
‘‘lobbying contacts’’ the following: ‘‘or political 
intelligence contacts’’; 
(B) in paragraph (2)— 
(i) by inserting after ‘‘lobbying con-
tact’’ the following: ‘‘or political intel-
ligence contact’’; and 
(ii) by inserting after ‘‘lobbying con-
tacts’’ the following: ‘‘and political intel-
ligence contacts’’; and 
(C) by inserting after paragraph (2), the 
following new paragraph: 
‘‘(3) RULE OF CONSTRUCTION.—Any threshold 
dollar amount or percentage described in subsection 
(b) relates to the sum of the income, contributions, 
or percent equitable ownership related to lobbying 
activities plus the income, contributions, or percent 
equitable ownership related to political intelligence 
activities.’’; and 
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(4) in subsection (d), by inserting after ‘‘lob-
bying activities’’ each place that term appears the 
following: ‘‘or political intelligence activities’’. 
(c) REPORTS
BY REGISTERED POLITICAL INTEL-
LIGENCE CONSULTANTS.—Section 5 of the Lobbying Dis-
closure Act of 1995 (2 U.S.C. 1604) is amended— 
(1) in subsection (a), by inserting after ‘‘lob-
bying activities’’ the following: ‘‘and political intel-
ligence activities’’; 
(2) in subsection (b)— 
(A) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by inserting after ‘‘lobbying ac-
tivities’’ the following: ‘‘or political intel-
ligence activities’’; 
(ii) in subparagraph (A)— 
(I) by inserting after ‘‘lobbyist’’ 
the following: ‘‘or political intelligence 
consultant’’; and 
(II) by inserting after ‘‘lobbying 
activities’’ the following: ‘‘or political 
intelligence activities’’; 
(iii) in subparagraph (B), by inserting 
after ‘‘lobbyists’’ the following: ‘‘and polit-
ical intelligence consultants’’; and 
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(3) in subsection (d)(1), by inserting after 
‘‘with the intent to influence,’’ the following: ‘‘or 
with the intent to gain information for use in ana-
lyzing securities or commodities markets, or in in-
forming investment decisions in securities or com-
modities markets,’’; 
(4) in subsection (e), by inserting after ‘‘with 
the intent to influence,’’ each place it appears the 
following: ‘‘or with the intent to gain information for 
use in analyzing securities or commodities markets, 
or in informing investment decisions in securities or 
commodities markets,’’; 
(5) in subsection (i)(1), by inserting after ‘‘with 
the intent to influence,’’ each place it appears the 
following: ‘‘or with the intent to gain information for 
use in analyzing securities or commodities markets, 
or in informing investment decisions in securities or 
commodities markets,’’; and 
(6) in subsection (j), by adding at the end the 
following: 
‘‘(8) REPRESENTATIVE OF A MEDIA ORGANIZA-
TION.—The restrictions contained in this section re-
lating to a communication made with the intent to 
gain information for use in analyzing securities or 
commodities markets, or in informing investment de-
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cisions in securities or commodities markets shall 
not apply to a communication made by a representa-
tive of a media organization (as such term is defined 
in section 3 of the Lobbying Disclosure Act of 1995 
(2 U.S.C. 1602)), if the purpose of the communica-
tion is gathering and disseminating news and infor-
mation to the public.’’. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall apply with 
respect to any political intelligence contact (as defined in 
section 3 of the Lobbying Disclosure Act of 1995 (2 
U.S.C. 1602), as added by section 2 of this Act) that is 
made on or after the 90th day after the date of the enact-
ment of this Act. 
Æ 
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