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;
(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 planning activities, research and other back-
ground work that is intended, at the time it is per-
formed, for use in contacts, and coordination with
the lobbying activities of others.
(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 li-
cense); or
(iv) the nomination or confirmation of
a person for a position subject to confirma-
tion by the Senate.
(B) EXCEPTIONS.—The term ‘‘lobbying
contact’’ does not include a communication that
is—
(i) made by a public official acting in
the public official’s official capacity;
(ii) made by a representative of a
media organization if the purpose of the
communication is gathering and dissemi-
nating news and information to the public;
(iii) made in a speech, article, publica-
tion 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 request
for the status of an action, or any other
similar administrative request, if the re-
quest does not include an attempt to influ-
ence a covered executive branch official or
a covered legislative branch official;
(vi) made in the course of participa-
tion in an advisory committee subject to
the Federal Advisory Committee Act;
(vii) testimony given before a commit-
tee, subcommittee, or task force of the
Congress, or submitted for inclusion in the
public record of a hearing conducted by
such committee, subcommittee, or task
force;
(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
directed to the agency official specifically
designated in the notice to receive such
communications;
(xi) not possible to report without dis-
closing information, the unauthorized dis-
closure of which is prohibited by law;
(xii) made to an official in an agency
with regard to—