From firearms-alert-owner Fri Sep 30 12:42:46 1994 Received: from localhost (chan@localhost) by jobe.shell.portal.com (8.6.4/8.6.5) id MAA25946 for firearms-alert-outgoing; Fri, 30 Sep 1994 12:40:30 -0700 Received: from nova.unix.portal.com (nova.unix.portal.com [156.151.1.101]) by jobe.shell.portal.com (8.6.4/8.6.5) with ESMTP id MAA25939 for ; Fri, 30 Sep 1994 12:40:23 -0700 From: lvc@cbvox1.att.com Received: from gw1.att.com (gw1.att.com [192.20.239.133]) by nova.unix.portal.com (8.6.7/8.6.5) with SMTP id MAA06894 for ; Fri, 30 Sep 1994 12:40:13 -0700 Received: from cbvox1.UUCP by ig1.att.att.com id AA10993; Fri, 30 Sep 94 15:38:08 EDT Message-Id: <9409301938.AA10993@ig1.att.att.com> To: firearms-alert@shell.portal.com Date: Fri, 30 Sep 94 15:28:31 EST Subject: LEGIS: Full Text of S.349 (Lobbying Disclosure Act) Sender: firearms-alert-owner@shell.portal.com Precedence: bulk Status: RO S349 Levin (D-MI) 03/24/94 (1540 lines) Engrossed Amendment House Lobbying Disclosure Act of 1993. Special typefaces used in this bill version: // \\ Italic /! !\ Bold Italic --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- IN THE HOUSE OF REPRESENTATIVES, U. S., March 24, 1994. Resolved, That the bill from the Senate (S. 349) entitled "An Act to provide for the disclosure of lobbying activities to influence the Federal Government, and for other purposes", do pass with the following AMENDMENT: Strike out all after the enacting clause, and insert: /!SECTION 1. SHORT TITLE.!\ //This Act may be cited as the "Lobbying Disclosure Act of 1994".\\ /!SEC. 2. FINDINGS.!\ //The Congress finds that--\\ //(1) responsible representative Government requires public awareness of the efforts of paid lobbyists to influence the public decision making process in both the legislative and executive branches of the Federal Government;\\ //(2) existing lobbying disclosure statutes have been ineffective because of unclear statutory language, weak administrative and enforcement provisions, 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 influence Federal officials in the conduct of Government actions will increase public confidence in the integrity of Government. \\ /!SEC. 3. DEFINITIONS.!\ //As used in this Act:\\ //(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 (including a State or local government) who employs or retains another person for financial or other compensation to conduct lobbying activities on behalf of that person or entity or another person or entity. An organization whose employees act as lobbyists on its own behalf is both a client and an employer of such employees. In the case of any person or entity that employs or retains a lobbyist to conduct lobbying activities on behalf of another person or entity, the client is both the person or entity that employs or retains the lobbyist and the person or entity on whose behalf the lobbyist conducts lobbying activities. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is--\\ //(A) the coalition or association and not its individual members when the lobbying activities are conducted on behalf of its membership and financed by the coalition's or association's dues and assessments, or\\ //(B) the individual member or members, when the lobbying activities are, directly or indirectly, financed separately by one or more individual members and not by the coalition's or association's dues and assessments.\\ //(3) COVERED EXECUTIVE BRANCH OFFICIAL.--The term "covered executive branch official" means--\\ //(A) the President or the President-elect;\\ //(B) the Vice President or the Vice President-elect;\\ //(C) any officer or employee (other than a clerical or secretarial employee) of the Executive Office of the President or any individual functioning in the capacity of such an officer or employee on an unpaid basis;\\ //(D) any officer or employee serving in a position in level I, II, III, IV, or V of the Executive Schedule, as designated by statute or executive order;\\ //(E) any officer or employee serving in a Senior Executive Service position, as defined in section 3132 (a)(2) of title 5, United States Code;\\ //(F) any member of the uniformed services whose pay grade is at or above O-7 under section 201 of title 37, United States Code; and\\ //(G) any officer or employee serving in a position of a confidential, policy-determining, policy-making, or policy- advocating character described in section 7511(b)(2) of title 5, United States Code, including an employee listed in schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.\\ //(4) COVERED LEGISLATIVE BRANCH OFFICIAL.--\\ //(A) IN GENERAL.--The term "covered legislative branch official" means--\\ //(i) a Member of Congress or a Member-elect of Congress;\\ //(ii) an elected officer of either House of Congress;\\ //(iii) any employee of a Member of Congress or of a committee of either House of Congress; \\ //(iv) any employee on the leadership staff of the House of Representatives and any employee on the leadership staff of the Senate; \\ //(v) any employee of a joint committee of the Congress; and\\ //(vi) any employee of a working group or caucus organized to provide legislative services or other assistance to Members of Congress.\\ //(B) DEFINITIONS.--For purposes of subparagraph (A)--\\ //(i) the terms "employee on the leadership staff of the House of Representatives" and "employee on the leadership staff of the Senate" have the meanings given these terms in section 207(e)(4) of title 18, United States Code;\\ //(ii) the term "employee" includes any individual functioning in the capacity of an employee described in subparagraph (A) on an unpaid basis but the term does not include a clerical or secretarial employee, and\\ //(iii) the term "Member of Congress" means a Senator or a Representative in, or Delegate or Resident Commissioner, to the Congress.\\ //(5) DIRECTOR.--The term "Director" means the Director of the Office of Lobbying Registration and Public Disclosure.\\ //(6) EMPLOYEE.--Except as provided in paragraph (4)(B)(ii), the term "employee" means any individual who is an officer, employee, partner, director, or proprietor of an organization, but does not include--\\ //(A) independent contractors; or\\ //(B) volunteers who receive no financial or other compensation from the organization for their services.\\ //(7) FOREIGN ENTITY.--The term "foreign entity" means a foreign principal as such term is defined in subsection (b) of section 1 of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 (b)).\\ //(8) GRASS ROOTS LOBBYING COMMUNICATIONS.--The term "grass roots lobbying communications" means--\\ //(A) any communication that attempts to influence any legislation through an attempt to affect the opinions of the general public or any segment thereof;\\ //(B) any communication between an organization and any bona fide member of such organization to directly encourage such member to make a communication to a covered executive branch official or a covered legislative branch official with regard to a matter described in clause (i), (ii), (iii), or (iv) of paragraph (10)(A) of section 3; and\\ //(C) any communication between an organization and any bona fide member of such organization to directly encourage such member to urge persons other than members to communicate as provided in either subparagraph (A) or subparagraph (B).\\ //(9) LOBBYING ACTIVITIES.--\\ //(A) DEFINITION.--The term "lobbying activities" means lobbying contacts and efforts in support of such contacts, including preparation and planning activities, research and other background work that is intended at the time it is performed, for use in contacts, and coordination with the lobbying activities of others. Except as provided in subparagraph (B), lobbying activities also include--\\ //(i) grass roots lobbying communications, and\\ //(ii) any communication described in clause (iii), (v), (vii), (viii), or (xvi) of paragraph (10)(B),\\ //to the extent that such communications are made in support of a lobbying contact.\\ //(B) RELIGIOUS ORGANIZATIONS.--Lobbying activities do not include grass roots lobbying communications by churches, their integrated auxiliaries, conventions or associations of churches, and religious orders that are exempt from filing Federal income tax returns under paragraph (2)(A)(i) or (2)(A)(iii) of section 6033(a) of the Internal Revenue Code of 1986, unless such communications are made by any person or organization required to be identified under section 4(b)(5) of this Act.\\ //(10) LOBBYING CONTACT.--\\ //(A) DEFINITION.--The term "lobbying contact" means any oral or written communication (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 regulation, Executive order, or any other program, policy, or position of the United States Government;\\ //(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), except that this clause does not include communications that are made to any covered executive branch official--\\ //(I) who is serving in a Senior Executive Service position described in paragraph (3)(E), or\\ //(II) who is a member of the uniformed services whose pay grade is lower than O-9 under section 201 of title 37, United States Code,\\ //in the agency responsible for taking such administrative or executive action; or\\ //(iv) the nomination or confirmation of a person for a position subject to confirmation by the Senate.\\ //(B) EXCEPTIONS.--The term "lobbying contact" does not include communications that are--\\ //(i) made by public officials acting in their official capacity; \\ //(ii) made by representatives of a media organization if the purpose of the communication is gathering and disseminating news and information to the public;\\ //(iii) made in a speech, article, publication, or other material which is widely distributed to the public 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) requests for meetings, requests for the status of matters described in clauses (i), (ii), (iii), and (iv) of subparagraph (A), or other similar requests, if the requests do not include attempts to influence a covered executive branch official or a covered legislative branch official; \\ //(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 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 a written request for specific information from a covered executive branch official or a covered legislative branch official; \\ //(ix) required by subpoena, civil investigative 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 soliciting 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 disclosing information, the unauthorized disclosure of which is prohibited by law;\\ //(xii) made to officials in an agency with regard to--\\ //(I) a judicial proceeding or a criminal or civil law enforcement inquiry, investigation, or proceeding, or\\ //(II) a filing or proceeding that the Government is specifically required by statute or regulation to maintain or conduct on a confidential basis,\\ //if that agency is charged with responsibility for such proceeding, inquiry, investigation, or filing;\\ //(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 the course of a public proceeding or other communications that are made on the record in a public proceeding;\\ //(xv) a petition for agency action made in writing pursuant to established agency procedures;\\ //(xvi) made on behalf of an individual with regard to that individual's benefits, employment, or other personal matters involving only that individual, except that this subclause does not apply to any communication with respect to the formulation, modification, or adoption of private legislation for the relief of that individual;\\ //(xvii) disclosures by an individual to the appropriate authority on account of which that individual is protected against adverse personnel actions, or other reprisals, under the amendments made by the Whistleblower Protection Act of 1989, the Inspector General Act of 1978, or other provision of law;\\ //(xviii) made by a church, its integrated auxiliary, a convention or association of churches, or a religious order that is exempt from filing a Federal income tax return under paragraph (2)(A)(i) or (2)(A)(iii) of section 6033(a) of the Internal Revenue Code of 1986 if the communication constitutes the free exercise of religion or is for the purpose of protecting the right to the free exercise of religion; and\\ //(xix) between--\\ //(I) officials of a self-regulatory organization recognized by Federal law, and\\ //(II) the Federal regulatory agency with jurisdiction over such organization,\\ //relating to the regulatory responsibilities of such organization under such law.\\ //The term "media organization", as used in clause (ii), means an organization engaged in disseminating information to the general public through a newspaper, magazine, other publication, radio, television, cable television, or other medium of mass communication.\\ //(11) LOBBYIST.--The term "lobbyist" means any individual who is employed or retained by a client for financial or other compensation for services that include one or more lobbying contacts, other than an individual whose lobbying activities constitute less than 10 percent of the time engaged in the services provided by such individual to that client.\\ //(12) ORGANIZATION.--The term "organization" means any corporation, company, foundation, association, labor organization, firm, partnership, society, joint stock company, or group of organizations.\\ //(13) PUBLIC OFFICIAL.--The term "public official" means any elected official, appointed official, or an employee of--\\ //(A) a Federal, State, or local unit of government in the United States other than--\\ //(i) a college or university which is an agency or instrumentality of the government of any State or of a local unit of government thereof, or which is owned or operated by such a government or by any agency or instrumentality of one or more such governments;\\ //(ii) a government-sponsored enterprise as defined in section 3(8) of the Congressional Budget and Impoundment Control Act of 1974; or\\ //(iii) a public utility, including any entity that provides gas, electricity, water, or communications, which is an agency or instrumentality of the government of any State or States or of a local unit of government of a State or which is owned, controlled, or operated by such a government or by any agency or instrumentality of one or more such governments;\\ //(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), or (iii) of subparagraph (A);\\ //(D) an Indian tribe (as defined in section 4(e) of the Indian Self-Determination and Education 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.\\ //(14) The term "State" means each of the several States, the District of Columbia, and any commonwealth territory, or possession of the United States.\\ /!SEC. 4. REGISTRATION OF LOBBYISTS. !\ //(a) REGISTRATION.--\\ //(1) GENERAL RULE.--Not later than 30 days after a lobbyist first makes a lobbying contact or is employed or retained to make a lobbying contact, whichever is earlier, such lobbyist (or, as provided under paragraph (2), the organization employing such lobbyist), shall register with the Office of Lobbying Registration and Public Disclosure.\\ //(2) ORGANIZATION RULE.--Any organization that has one or more employees who are lobbyists shall make the registration required by paragraph (1) on behalf of such employees.\\ //(3) EXEMPTION.--\\ //(A) GENERAL RULE.--Notwithstanding paragraph (1) or (2), an individual or organization whose--\\ //(i) total income for matters related to lobbying activities on behalf of a particular client (in the case of a lobbyist making lobbying contacts on behalf of a client other than the organization employing such lobbyist), or \\ //(ii) total expenses in connection with lobbying activities (in the case of a lobbyist making lobbying contacts on behalf of the organization employing such lobbyist),\\ //do not exceed, or are not expected to exceed $2,500 (as estimated under section 5) in the semiannual period described in section 5(a) during which the registration would be made is not required to register under subsection (a) with respect to such client.\\ //(B) ADJUSTMENT.--The $2,500 figure 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 the 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 determined by the Secretary of Labor) during the preceding 4-year period, \\ //rounded to the nearest $100.\\ //(b) CONTENTS OF REGISTRATION.--Each registration under this section shall be in such form as the Director shall prescribe by regulation and shall contain--\\ //(1) the name, address, business telephone number, and principal place of business of the registrant, 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 description 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 or has agreed to contribute more than $5,000 toward the lobbying activities of the registrant in the semiannual period described in section 5(a) in which the registration is made; and\\ //(B) significantly participates or has agreed to participate significantly in the planning, supervision, or control of such lobbying activities;\\ //(4) the name, address, principal place of business, amount of any contribution of more than $5,000 to the lobbying activities of the registrant, and approximate percentage of equitable ownership in the client (if any) of any foreign entity that--\\ //(A) holds at least 20 percent equitable ownership in the client or any organization identified under paragraph (3);\\ //(B) directly or indirectly, in whole or in major part, plans,supervises, controls, directs, finances, or subsidizes the lobbying activities of the registrant; or\\ //(C) is an affiliate of the client or any organization identified under paragraph (3) and has a direct interest in the outcome of the lobbying activity;\\ //(5) the name, address, and principal place of business of any person or organization retained by the registrant (other than an employee of the registrant) to conduct grass roots lobbying communications on behalf of the registrant or the client of the registrant (other than a person or organization that is separately registered under this Act in connection with such representation);\\ //(6) a statement of--\\ //(A) the general issue areas in which the registrant expects to engage in lobbying activities on behalf of the client, and\\ //(B) to the extent practicable, specific issues that have (as of the date of the registration) already been addressed or are likely to be addressed in lobbying activities; and\\ //(7) the name of each employee of the registrant who has acted or whom the registrant expects to act as a lobbyist on behalf of the client and, if any such employee has served as a covered executive branch official or a covered legislative branch official in the 2 years before the date on which such employee was first required to register 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 registrant making lobbying contacts on behalf of more than one client, a separate registration under this section shall be filed for each such client.\\ //(2) MULTIPLE LOBBYISTS.--Any organization that has one or more employees who are lobbyists shall file a single registration under this section for each client on whose behalf its employees act as lobbyists covering all lobbying contacts made by such employees on behalf of such client.\\ //(3) MULTIPLE CONTACTS.--If a registrant makes another lobbying contact for the same client with a covered executive branch official or covered legislative branch official, such contact will not require another registration under paragraph (1).\\ //(d) TERMINATION OF REGISTRATION.--A registrant who after registration does not--\\ //(1) engage in any lobbying activities in a semiannual reporting period on behalf of the client with respect to which the registrant registered, and\\ //(2) anticipate any additional lobbying activities for such client in the 12-month period following such reporting period,\\ //shall notify the Director of the termination of such activities and shall not be required to file any additional reports with respect to such client under this section.\\ /!SEC. 5. REPORTS BY REGISTERED LOBBYISTS.!\ //(a) SEMIANNUAL REPORT.--\\ //(1) IN GENERAL.--No later than 30 days after the end of the semiannual period beginning on the first day of each January and the first day of July of each year in which a registrant is registered under section 4, each registrant shall file a report with the Office of Lobbying Registration and Public Disclosure on its lobbying activities during such semiannual period. A separate report shall be filed for each client of the registrant.\\ //(2) EXEMPTION.--\\ //(A) INCOME OR EXPENSES OF LESS THAN $2,500.--Any registrant whose--\\ //(i) total income for a particular client for matters that are related to lobbying activities on behalf of that client (in the case of a registrant described in subsection (b)(3)), or\\ //(ii) total expenses in connection with lobbying activities (in the case of a registrant described in subsection (b)(4)),\\ //are less than $2,500 in a semiannual period (as estimated under paragraph (3) or (4) of subsection (b), or paragraph (3) of subsection (c), as applicable) is deemed to be inactive during such period and may comply with the reporting requirements of this section by so notifying the Director in such form as the Director may prescribe.\\ //(B) ADJUSTMENT.--The $2,500 figure in subparagraph (A) shall be adjusted as provided in section 4(a)(3)(B).\\ //(b) CONTENTS OF REPORT.--Each semiannual report filed under subsection (a) shall be in such form as the Director shall prescribe by regulation and shall contain--\\ //(1) the name of the registrant, the name of the client, and any changes or updates to the information 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 the registrant engaged in lobbying activities, including, to the maximum extent practicable, a list of bill numbers and references to specific regulatory actions, programs, projects, contracts, grants, and loans;\\ //(B) a statement of the Houses and committees of Congress and the Federal agencies contacted by lobbyists employed by the registrant on behalf of the client during the semiannual filing period;\\ //(C) a list of the employees of the registrant who acted as lobbyists on behalf of the client;\\ //(D) a description of the interest in the specific issues, if any, of any foreign entity identified under section 4(b)(4); and\\ //(E) a list of the specific issues on which any person or organization required to be identified under section 4(b)(5) has engaged in grassroots lobbying communications on behalf of the client;\\ //(3) in the case of a registrant engaged in lobbying activities on behalf 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 for lobbying activities on behalf of the client) during the semiannual period, other than income for matters that are unrelated to lobbying activities;\\ //(4) in the case of a registrant engaged in lobbying activities on its own behalf, a good faith estimate of the total expenses that the registrantand its employees incurred in connection with lobbying activities during the semiannual filing period; and\\ //(5) a good faith estimate of the total expenses that the registrant and its employees incurred in connection with grassroots lobbying communications on behalf of the client(including any amount paid in connection with such communications to a person or organization required to be identified under section 4(b)(5)).\\ //(c) ESTIMATES OF INCOME OR EXPENSES.--For purposes of this section, estimates of income or expenses shall be made as follows:\\ //(1) $200,000 OR LESS.--Income or expenses of $200,000 or less shall be estimated in accordance with the following categories:\\ //(A) At least $2,500 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) MORE THAN $200,000.--Income or expenses in excess of $200,000 shall be estimated and rounded to the nearest $100,000.\\ //(3) ESTIMATES BASED ON TAX REPORTING SYSTEM.--In the case of any registrant that reports lobbying expenditures as required by section 6033 of the Internal Revenue Code of 1986, regulations prescribed under section 7 of this Act shall provide that the registrant may make a good faith estimate of amounts that would be required to be disclosed under such section of the Internal Revenue Code of 1986 for the applicable semiannual period (by category of dollar value) to meet the requirements of subsection (b)(4), if each time the registrant makes such an estimate, the registrant informs the Director that the registrant is making such an estimate.\\ //(4) CONSTRUCTION.--In estimating total income or expenses under this section, a registrant is not required to include--\\ //(A) the value of contributed services for which no payment is made; or\\ //(B) the expenses for services provided by an independent contractor of the registrant who is separately registered under this Act.\\ //(d) CONTACTS.--\\ //(1) CONTACTS CONSIDERED CONTACTS WITH COMMITTEES.--For purposes of subsection (b)(2), any contact with a member of a committee of Congress, an employee of a committee of Congress, or an employee of a member of a committee of Congress regarding a matter within the jurisdiction of such committee shall be considered a contact with the committee.\\ //(2) CONTACTS CONSIDERED CONTACTS WITH HOUSE OF CONGRESS.-- For purposes of subsection (b)(2), any contact with a Member of Congress or an employee of a Member of Congress regarding a matter which is not within the jurisdiction of a committee of Congress of which that Member is a member shall be considered a contact with the House of Congress of that Member.\\ //(3) CONTACTS CONSIDERED CONTACTS WITH FEDERAL AGENCIES.-- For purposes of subsection (b)(2), any contact with a covered executive branch official shall be considered a contact with the Federal agency that employs that official.\\ //(e) EXTENSION FOR FILING.--The Director may grant an extension of time of not more than 30 days for the filing of any report under this section, upon the request of the registrant, for good cause shown.\\ /!SEC. 6. PROHIBITION ON GIFTS, MEALS, TRAVEL, ENTERTAINMENT, REIMBURSEMENTS, AND LOANS; ITEMIZATION OF CERTAIN EXPENDITURES!\ //(a) IN GENERAL.--\\ //(1) REGISTRANTS AND LOBBYISTS.--In accordance with this section, each registrant (including a lobbyist employed by, or a lobbyist who is a member of, a registrant) or any client of a registrant shall be--\\ //(A) prohibited from providing, directly or indirectly, gifts, meals, travel, entertainment, reimbursements, and loans described in subsection (b), and\\ //(B) required to make an itemized disclosure of expenditures described in subsection (c) and provided, directly or indirectly,\\ //to a covered legislative branch official, to an entity that is maintained or controlled by a covered legislative branch official, or to any other person or entity on behalf of a covered legislative branch official (collectively referred to in this subsection as a "covered person or entity").\\ //(2) FOREIGN LOBBYISTS.--For purposes of this section, a registrant or any client of a registrant shall include a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act) and an agent of a foreign principal (as defined in section 1(c) of such Act).\\ //(b) PROHIBITION.--A registrant (including a lobbyist) or any client of a registrant may not provide, directly or indirectly (with funds of a registrant or a client), to or on behalf of or for a covered person or entity:\\ //(1) TRAVEL, ENTERTAINMENT, FOOD, AND LODGING.--Payment for local or long-distance transportation, entertainment, food, or lodging, whether provided in kind, by purchase of a ticket, by payment in advance or by reimbursement, or otherwise.\\ //(2) REIMBURSEMENT.--Reimbursement of an expense.\\ //(3) LOAN.--A loan.\\ //(4) GIFTS.--Any other item of value.\\ //(c) DISCLOSURE.--With respect to expenditures described in this subsection, the prohibitions prescribed by subsection (b) with respect to an expenditure will not apply to a registrant or any client of a registrant if the registrant discloses the expenditure of the registrant or the client, in the registrant's semiannual report under section 5(a) or in a separate report on itemized expenditures subject to the same filing requirements, as follows:\\ //(1) IN GENERAL.--With respect to each expenditure described in paragraph (2), the registrant shall disclose--\\ //(A) the name and position of the covered legislative branch official or other covered person or entity to whom or which or on behalf of whom or which the expenditure was made;\\ //(B) the type of the expenditure;\\ //(C) the date on which the expenditure was made; and\\ //(D) the amount of the expenditure.\\ //(2) EXPENDITURES SUBJECT TO DISCLOSURE.--The following expenditures are subject to disclosure under paragraph (1):\\ //(A) Necessary travel-related expenditures made by a registrant described in section 5(b)(4) or a client of a registrant described in section 5(b)(3) for a covered legislative branch official or a person on behalf of such an official in connection with speaking engagements, fact finding trips, substantial participation in an event sponsored by an entity described in section 170(c) or 527(e) of the Internal Revenue Code of 1986, and similar events if the expenditure covers the costs of a trip for a period of not more than--\\ //(i) 4 consecutive days in the case of domestic travel and 7 consecutive days (excluding travel days) in the case of international travel, and\\ //(ii) 24 hours before or after such person's actual participation in the event in the case of domestic travel or 48 hours before or after such person's actual participation in the event in the case of international travel.\\ //Necessary travel-related expenditures include reimbursements for necessary transportation whether or not such transportation occurs within the periods described in clause (i) or (ii), but does not include expenditures for travel, lodging, or entertainment collateral to the event or meals taken other than in a group setting to which all other attendees are invited.\\ //(B) Honorary degrees and associated meals and entertainment provided to a covered person or entity.\\ //(C) Food, refreshment, or entertainment provided a covered person or entity while attending a meeting or event with persons who are not United States citizens while on official travel to a foreign area.\\ //(3) CONFERENCES.--With respect to each financial contribution or expenditure relating to a conference, retreat, or similar event for or on behalf of covered legislative branch officials which is sponsored by or affiliated with an official congressional organization, the registrant shall disclose--\\ //(A) the nature of the conference, retreat, or similar event;\\ //(B) the date or dates on which the conference, retreat, or other event occurred; \\ //(C) the identity of the organization that sponsored or is affiliated with the event; and\\ //(D) a single aggregate figure for the contributions or expenditures made by the registrant or client of the registrant in connection with the conference, retreat, or similar event.\\ //(4) EVENTS.--With respect to each financial contribution or expenditure that relates to a widely attended event that is hosted or cohosted with, or in honor of, 1 or more covered legislative branch officials, the registrant shall disclose--\\ //(A) the name and position of each such covered legislative branch official that hosted, cohosted, or was honored at such event\\ //(B) the nature of the event;\\ //(C) the date on which the event occurred; and\\ //(D) a single aggregate figure for the contributions or expenditures made by the registrant in connection with the event.\\ //(5) CHARITABLE CONTRIBUTIONS.--With respect to each charitable contribution (as defined in section 170(c) of the Internal Revenue Code of 1986) made in lieu of an honorarium on the basis of a designation, recommendation, or other specification made by a covered legislative branch official, the registrant shall disclose--\\ //(A) the name and position of each such covered legislative branch official;\\ //(B) the name of any covered person or entity to whom or which the contribution was made;\\ //(C) the date on which the contribution was made; and\\ //(D) the value of the contribution.\\ //(6) CONTRIBUTIONS TO LEGAL DEFENSE FUND.--With respect to each contribution or other payment made to a legal defense fund established for the benefit of a covered legislative branch official, the registrant shall disclose--\\ //(A) the name and position of each such covered legislative branch official;\\ //(B) the name of any other person or entity to whom or which the contribution was made;\\ //(C) the date on which the contribution was made; and\\ //(D) the value of the contribution.\\ //(7) NOTIFICATION.--Not less than 3 weeks after an expenditure required to be reported under this subsection is made, the registrant or any client of a registrant who made or for whom was made such expenditure shall provide, in a standard format determined by the Office of Lobbying Registration and Public Disclosure, to any covered person or entity, whose name the registrant or client intends for the registrant to include in either the registrant's semiannual report under section 5(a) or a separate report on itemized expenditures under this subsection, a complete list of the information the registrant intends to disclose relative to that covered person or entity. The registrant shall not list in its report referred to in this paragraph any information relative to a covered person or entity who--\\ //(A) was not the subject of the expenditure referred to in the preceding sentence, or\\ //(B) reimburses the person making such expenditure the full amount of such expenditure within 30 days of the receipt of notification under this paragraph.\\ //(d) EXCEPTIONS.--The following are not subject to subsection (b) or (c):\\ //(1) Anything for which market value is paid by the recipient. \\ //(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.\\ //(3) An item of little intrinsic value such as a greeting card, baseball cap, or a T-shirt or a personalized item such as a plaque, certificate, or trophy that is intended solely for recognition of a covered legislative branch official.\\ //(4) Food and attendance provided to a covered person or entity at an event sponsored by an organization described in section 170(c) or 527(e) of the Internal Revenue Code of 1986.\\ //(5)(A) An item described in subsection (b) (hereafter in this paragraph referred to as an "item") given under circumstances which make it clear that the item is given for a nonbusiness purpose and is motivated by a family relationship or personal friendship and not by the position of the recipient. In determining if the giving of an item is motivated by a family relationship or personal friendship, at least the following factors shall be considered:\\ //(i) The history of the relationship between the individual giving the item and the individual receiving the item, including whether or not items have previously been exchanged by such individuals.\\ //(ii) Whether the item was purchased by the individual who gave the item.\\ //(iii) Whether the individual who gave the item also at the same time gave the same or similar item to other covered persons or entities.\\ //(B) The giving of an item shall not be considered to be motivated by a family relationship or personal friendship if the family member or friend seeks--\\ //(i) to deduct the value of such item as a business expense on the family member's or friend's Federal income tax return, or\\ //(ii) reimbursement either from a registrant or from a client.\\ //(6) Items which are not used and which are promptly returned to the donor.\\ //(7) Except with respect to items described in subsection (c)--\\ //(A) attendance, food, and refreshments at widely attended gatherings, including conventions, conferences, symposiums, retreats, dinners, receptions, viewings, or similar events if such attendance, food, and refreshments are unsolicited by the recipient and provided by the sponsor of the event,\\ //(B) meals or entertainment that are unsolicited by the recipient and not paid for either directly or indirectly (including with funds of a registrant or client) by a lobbyist or an agent of a foreign principal (as defined in section 1(c) of the Foreign Agents Registration Act) and not paid for either directly or indirectly by a registrant described in section 5(b)(3), if an employee (other than a lobbyist) of--\\ //(i) a registrant described in section 5(b)(4), or\\ //(ii) a client of a registrant described in section 5(b)(3),\\ //acting in a representational capacity, substantially participates in the meal or entertainment, and\\ //(C) modest items of food or refreshment such as soft drinks, coffee, or doughnuts offered other than as part of a meal.\\ //(8) Rewards and prizes given to competitors in contests or events, including random drawings open to the public.\\ //(9) Loans from financial institutions on terms generally available to the public.\\ //(10) Opportunities and benefits, including favorable rates and commercial discounts, available to the public or to a class consisting of all Government employees whether or not restricted on the basis of geographical considerations.\\ //(11) Pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer.\\ //(12) Anything which is paid for by the Government or secured by the Government under Government contract.\\ //(13) Any gift accepted under specific statutory authority except section 901 of the Ethics Reform Act of 1989 (2 U.S.C. 31- 2).\\ //(14) Reduced membership or other fees for participation in organizational activities offered to all Government employees by professional organizations if the only restrictions on membership relate to professional qualifications.\\ //(15) Opportunities and benefits offered to members of a group or class in which membership is unrelated to congressional employment.\\ //(16) Opportunities and benefits offered to members of an organization, such as credit unions, in which membership is related to congressional employment if similar benefits are broadly available to large segments of the public through organizations of similar size.\\ //(17) Gifts resulting from the covered legislative branch official's outside business or employment activities when it is clear that such benefits have not been offered or enhanced because of the covered legislative branch official's official status.\\ //(18) Gifts resulting from the business or employment activities of a covered legislative branch official's spouse when it is clear that such benefits have not been offered or enhanced because of the covered legislative branch official's official position.\\ //(19) Informational materials that are sent to a covered legislative branch official's office in the form of books, articles, periodicals, other written materials, audio tapes, videotapes, or other forms of communication.\\ //(20) Home State products, food, or other items of minimal value used primarily for promotional purposes.\\ //(e) DEFINITION.--For purposes of this section, the term "market value" when applied to a gift means the retail cost a person would incur to purchase the gift. The market value of a gift of a ticket entitling the holder to food, refreshments, or entertainment is the retail cost of similar food, refreshments, or entertainment.\\ //(f) CLIENTS.--\\ //(1) NOTICE TO CLIENTS.--A registrant described in section 5(b)(3) shall by written notice inform any client of the registrant of the requirements of this section applicable to the client. Such notice shall be provided at the time the registrant registers on behalf of such client under section 4 and at the beginning of each semiannual reporting period under section 5(a).\\ //(2) NOTICE BY CLIENTS.--If a client of a registrant makes an expenditure which such registrant will be required to report under subsection (c), the client shall promptly notify the registrant of such expenditure. Failure to provide such notice shall be considered to be a violation of this Act.\\ //(g) HOUSE RULES.--Clause (4) of Rule XLIII of the Rules of the House of Representatives is amended by adding at the end the following: "A Member, officer, or employee of the House of Representatives shall not accept a gift given by a lobbyist or registrant subject to the Lobbying Disclosure Act of 1994 in knowing violation of that Act.".\\ /!SEC. 7. ESTABLISHMENT AND DUTIES OF OFFICE OF LOBBYING REGISTRATION AND PUBLIC DISCLOSURE.!\ //(a) ESTABLISHMENT.--\\ //(1) OFFICE AND DIRECTOR.--There is established as an independent agency in the executive branch an Office of Lobbying Registration and Public Disclosure, which shall be headed by a Director. The Director shall be appointed by the President, 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. The term of service of the Director shall be 5 years.\\ //(2) COMPENSATION.--Section 5316 of title 5, United States Code, is amended by adding at the end thereof the following:\\ //"Director of the Office of Lobbying Registration and Public Disclosure.". \\ //(3) EMPLOYEES AND SERVICES.--The Director may--\\ //(A) appoint officers and employees, including attorneys, in accordance with chapter 51 and subchapter III of chapter 53 of title 5, United States Code; and\\ //(B) contract for financial and administrative services (including those related to budget and accounting, financial reporting, personnel, and procurement) with the General Services Administration or such other Federal agency as the Director determines appropriate, for which payment shall be made in advance or by reimbursement from funds of the Office in such amounts as may be agreed upon by the Director and the head of the agency providing such services.\\ //Contract authority under subparagraph (B) shall be effective for any fiscal year only to the extent that appropriations are available for that purpose.\\ //(b) DUTIES.--The Director of the Office of Lobbying Registration and Public Disclosure shall--\\ //(1) after notice and a reasonable 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 regulations, forms, and penalty schedules as are necessary to carry out this Act;\\ //(2) provide guidance and assistance on the registration and reporting requirements of this Act, including the issuance of published decisions and advisory opinions; \\ //(3) review the registrations and reports filed under this Act and make such verifications or inquiries as are necessary to ensure the completeness, accuracy, and timeliness of the registrations and reports;\\ //(4) develop filing, coding, and cross-indexing systems to carry out the purposes of this Act, including 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;\\ //(B) are compatible with computer systems developed and maintained by the Federal Election Commission, and that information filed in the two systems can be readily cross- referenced; and\\ //(C) are compatible with computer systems developed and maintained by the Secretary of the Senate and the Clerk of the House of Representatives;\\ //(6) make copies of each registration and report filed under this Act available to the public, upon the payment of reasonable fees, not to exceed the cost of such copies, as determined by the Director, in electronic and hard copy formats as soon as practicable after the date on which such registration or report is received;\\ //(7) preserve the originals or accurate reproduction of-\\ //(A) registrations filed under this Act, and\\ //(B) of reports filed under this Act,\\ //for a period of not less than 3 years from the date on which the registration or report is received;\\ //(8) maintain a computer record of--\\ //(A) the information contained in registrations, and\\ //(B) the information contained in reports filed under this Act for not less than 5 years after the date on which such reports are received;\\ //(9) compile and summarize, with respect to each semiannual period, the information contained in registrations and reports filed with respect to 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 summarized under paragraph (9) available to the public in electronic and hard copy formats as soon as practicable after the close of each semiannual filing period; \\ //(11) provide, by computer telecommunication or other transmittal in a form accessible by computer, to the Secretary of the Senate and the Clerk of the House of Representatives copies of all registrations and reports received under sections 4 and 5 and all compilations, cross-indexes, and summaries of such registrations and reports, as soon as practicable (but not later than 3 working days) after such material is received or created;\\ //(12) make available to the public a list of all persons whom the Director determines, under section 9(c) or 10(c), to have violated this Act and submit such list to the Congress on a semiannual basis;\\ //(13) upon request, indicate if an individual who may have been the subject of a lobbying contact is or has been within 3 years before the date of the request a covered executive branch official or a covered legislative branch official; and\\ //(14) transmit to the President and the Congress a report, not later than March 31 of each year, describing the activities of the Office and the implementation of this Act, including--\\ //(A) a financial statement for the preceding fiscal year;\\ //(B) a summary of the registrations and reports filed with the Office with respect to the preceding calendar year;\\ //(C) a summary of the registrations and reports filed on behalf of foreign entities with respect to the preceding calendar year; and\\ //(D) recommendations for such legislative or other action as the Director considers appropriate.\\ /!SEC. 8. INITIAL PROCEDURE FOR ALLEGED VIOLATIONS. !\ //(a) ALLEGATION OF A VIOLATION.--Whenever the Office of Lobbying Registration and Public Disclosure has reason to believe that a person may be in violation of the requirements of this Act, the Director shall notify the person in writing of the nature of the alleged violation and provide an opportunity for the person to respond in writing to the allegation within 30 days after the notification is sent or such longer period as the Director may determine appropriate in the circumstances.\\ //(b) INITIAL DETERMINATION.--If the person responds within the period described in the notification under subsection (a), the Director shall--\\ //(1) issue a written determination that the person has not violated this Act if the person provides adequate information or explanation to make such determination; or\\ // (2) make a formal request for information under subsection (c) or a determination under section 9, if the information or explanation provided indicates that such person may have violated this Act.\\ //A determination under paragraph (1) may be published by the Director with the names redacted if the Director determines the determination without the names provides useful guidance.\\ //(c) FORMAL REQUEST FOR INFORMATION.--If a person fails to respond in writing within the period described in the notification under subsection (a) or the response is not adequate to determine whether such person has violated this Act, the Director may make a formal request for specific additional written information (subject to applicable privileges) that is reasonably necessary for the Director to make such determination. Each such request shall be structured to minimize any burden imposed, consistent with the need to determine whether the person is in compliance with this Act, and shall--\\ //(1) state the nature of the conduct constituting the alleged violation which is the basis for the inquiry and the provision of law applicable thereto; \\ //(2) describe the class or classes of material to be produced pursuant to the request with such definiteness and certainty as to permit such material to be readily identified; and \\ //(3) prescribe a return date or dates which provide a reasonable period of time within which the person may assemble and make available for inspection and copying or reproduction the material so requested.\\ //(d) NONDISCLOSURE OF INFORMATION.--Information provided to the Director under this section and sections 9 and 10 shall not be made available to the public without the consent of the person providing the information, except to the extent such information may be included in--\\ //(1) any new or amended registration or report filed in connection with an inquiry under this section; or\\ //(2) a written decision issued by the Director under section 9 or 10 after appropriate redaction by the Director to protect the interests of innocent parties.\\ /!SEC. 9. DETERMINATIONS OF VIOLATIONS.!\ //(a) NOTIFICATION AND HEARING.--If the information provided to the Director under section 8 indicates that a person may have violated this Act, 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 respond in writing within 30 days after the notice is sent; and\\ //(2) if requested in writing by that person within that 30- day period, afford the person an opportunity for a hearing on the record under the provisions of section 554 of title 5, United States Code.\\ //(b) DETERMINATION.--Upon the receipt of a written response under subsection (a)(1) when no hearing under subsection (a)(2) is requested, upon the completion of a hearing requested under subsection (a)(2), or upon the expiration of 30 days in a case in which no such written response is received, the Director shall review the information received under this section (including evidence presented at any such hearing) and section 8 and make a final determination whether there was a violation and a final determination of the penalty, if any. If no written response was received under this section within the 30-day period provided, the determination and penalty assessment shall constitute a final order not subject to appeal.\\ //(c) WRITTEN DECISION.--\\ //(1) DETERMINATION OF VIOLATION.--If the Director makes a final determination under subsection (b) that there was a violation, the Director shall issue a public written decision-\\ //(A) directing the person to correct the violation; and\\ //(B) assessing a civil monetary penalty in an amount determined as follows:\\ //(i) In the case of a minor violation, the amount shall be no more than $10,000, depending on the nature and extent of the violation.\\ //(ii) In the case of a significant violation, the amount shall be more than $10,000, but no more than $200,000, depending on the nature and extent of the violation and the extent to which the person may have profited from the violation.\\ //(2) DETERMINATION OF NO VIOLATION OR INSUFFICIENT EVIDENCE.--If the Director determines that no violation occurred or there was not sufficient evidence that a violation occurred, the Director shall issue a written notice of such determination to the person charged. Such notice may be published by the Director with names redacted if the Director determines it provides useful guidance.\\ //(d) CIVIL INJUNCTIVE RELIEF.--If a person fails to comply with a directive to correct a violation under subsection (c), the Director shall refer the case to the Attorney General to seek civil injunctive relief in the appropriate court of the United States to compel such person to comply with such directive.\\ //(e) PENALTY ASSESSMENTS.--\\ //(1) GENERAL RULE.--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 in violation of this Act. In determining the amount of a penalty to be assessed, the Director shall take into account the totality of the circumstances, including the extent and gravity of the violation and such other matters as justice may require.\\ //(2) REGULATIONS.--Regulations prescribed by the Director under section 7 shall define minor and significant violations. Significant violations shall be defined to include a failure to register and any other violation that is extensive or repeated if the person who commits such violation knew or should have known that the action constituting the violation was a violation of this Act.\\ //(f) LIMITATION.--No proceeding shall be initiated under this section relating to a registration or report filed or required to be filed under this Act unless the Director notifies the person who is to be the subject to the proceeding of the alleged violation within 3 years after the date on which such registration or report was filed or was required to be filed.\\ /!SEC. 10. OTHER VIOLATIONS. !\ //(a) LATE REGISTRATION OR FILING; FAILURE TO PROVIDE INFORMATION.--If a person registers or files a report after a registration or filing is required under this Act, or fails to provide information requested by the Director under section 8(c), the Director shall--\\ //(1) notify the person in writing of the violation and a proposed penalty assessment and provide such person with an opportunity to respond in writing within 30 days after the notice is sent; and \\ //(2) if requested by that person within that 30-day period, afford the person a hearing in accordance with section 9(a)(2).\\ //(b) DETERMINATION.--Upon the receipt of a written response under subsection (a)(1) when no hearing under subsection (a)(2) is requested, upon the completion of a hearing requested under subsection (a)(2), or upon the expiration of 30 days in a case in which no such written response is received, the Director shall review the information received under subsection (a) (including evidence presented at any such hearing) and, unless the Director determines, on the basis of such information, that the late filing or failure to provide information was justified, the Director shall make a final determination of a violation and a final determination of the penalty, if any. If no written response or request for a hearing was received under subsection (a) within the 30-day period provided, the determination and penalty assessment shall constitute a final order not subject to appeal.\\ //(c) WRITTEN DECISION.--\\ //(1) DETERMINATION OF VIOLATION.--If the Director makes a final determination under subsection (b) that there was a violation, the Director shall issue a public written decision-\\ //(A) in the case of a late registration or filing, assessing a civil monetary penalty of $200 for each week by which the filing was late, with the total penalty not to exceed $10,000; or\\ //(B) in the case of a failure to provide information-\\ //(i) directing the person to provide the information within a reasonable period of time; and\\ //(ii) except where the Director determines that the violation was the result of a good faith dispute over the validity or appropriate scope of a request for information, assessing a civil monetary penalty in an amount not to exceed $10,000.\\ //(2) DETERMINATION OF NO VIOLATION OR INSUFFICIENT EVIDENCE.--If the Director determines that no violation occurred or there was not sufficient evidence that a violation occurred, the Director shall issue a written notice of such determination to the person charged. Such notice may be published by the Director with names redacted if the Director determines it provides useful guidance.\\ //(d) CIVIL INJUNCTIVE RELIEF.--In the case of a person failing to comply with a directive issued under subsection (c)(2)(A), the Director shall refer such matter to the Attorney General, who shall seek civil injunctive relief in the appropriate court of the United States to compel such person to comply with such directive unless the Attorney General finds no reasonable likelihood that the Government would prevail.\\ /!SEC. 11. JUDICIAL REVIEW.!\ //(a) FINAL DECISION.--A written decision issued by the Director under section 9 or 10 shall become final 60 days after the date on which the Director provides notice of the decision, unless such decision is appealed under subsection (b) of this section.\\ //(b) APPEAL.--Any person adversely affected by a written decision issued by the Director under section 9 or 10 may appeal such decision, except as provided under section 9(b) or 10(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 Director's decision and by simultaneously sending a copy of such notice of appeal to the Director. The Director shall file in such court the record upon which the decision was issued, as provided under section 2112 of title 28, United States Code. The findings of fact of the Director shall be conclusive, unless found to be unsupported by substantial evidence, as provided under section 706(2)(E) of title 5, United States Code. Any penalty assessed or other action taken in the decision shall be stayed during the pendency of the appeal.\\ //(c) RECOVERY OF PENALTY.--Any penalty assessed in a written decision which has become final under this Act may be recovered in a civil action brought by the Attorney 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 pursuant to judicial review under subsection (b) may be raised as a defense, and the determination of liability and the determination of amounts of penalties and assessments shall not be subject to review.\\ /!SEC. 12. RULES OF CONSTRUCTION.!\ //(a) CONSTITUTIONAL RIGHTS.--Nothing in this Act 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 Act shall be construed to prohibit, or to authorize the Director or any court to prohibit lobbying activities or lobbying contacts by any person, regardless of whether such person is in compliance with the requirements of this Act.\\ //(c) AUDIT AND INVESTIGATIONS.--Nothing in this Act shall be construed to grant general audit or investigative authority to the Director, or to authorize the Director to review the files of a registrant, except in accordance with the requirements of section 8.\\ /!SEC. 13. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT.!\ //The Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.), is amended--\\ //(1) in section 1--\\ //(A) by striking out subsection (j);\\ //(B) 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 engaging in believes will, or which he intends to, in any way influence";\\ //(C) in subsection (p) by striking out the semicolon and inserting in lieu thereof a period; and\\ //(D) by striking out subsection (q);\\ //(2) in section 3(g) (22 U.S.C. 613(g)), by striking out "established agency proceedings, whether formal or informal." and inserting in lieu thereof "judicial proceedings, criminal or civil law enforcement inquiries, investigations 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) of this Act if the agent is required to register and does register under the Lobbying Disclosure Act of 1994 in connection with the agent's representation of such person or entity.".\\ //(4) in section 4(a) (22 U.S.C. 614(a))--\\ //(A) by striking out "political propaganda" and inserting in lieu thereof "informational materials"; and\\ //(B) by striking out "and a statement, duly signed by or on behalf of such an agent, setting forth full information as to the places, times, and extent of such transmittal";\\ //(5) in section 4(b) (22 U.S.C. 614(b))--\\ //(A) in the matter preceding clause (i) by striking out "political propaganda" and inserting in lieu thereof "informational materials"; and\\ //(B) by striking out "(i) in the form of prints, or" and all that follows through the end of the subsection and inserting in lieu thereof "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 out "political propaganda" and inserting in lieu thereof "informational materials";\\ //(7) in section 6 (22 U.S.C. 616)--\\ //(A) in subsection (a), by striking out "and all statements concerning the distribution of political propaganda";\\ //(B) in subsection (b), by striking out ", and one copy of every item of political propaganda"; and\\ //(C) in subsection (c), by striking out "copies of political propaganda,";\\ //(8) in section 8 (22 U.S.C. 618)--\\ //(A) in subsection (a)(2), by striking out "or in any statement under section 4(a) hereof concerning the distribution of political propaganda"; and\\ //(B) by striking out subsection (d); and\\ //(9) in section 11 (22 U.S.C. 621), by striking out ", including the nature, sources, and content of political propaganda disseminated or distributed".\\ /!SEC. 14. 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 out subparagraphs (A), (B), and (C) and inserting in lieu thereof the following:\\ //"(A) the name of any registrant under the Lobbying Disclosure Act of 1994 who has made lobbying contacts on behalf of the person with respect to that Federal contract, grant, loan, or cooperative agreement; and\\ //"(B) a certification that the person making the declaration has not made, and will not make, any payment prohibited by subsection (a).";\\ //(2) in paragraph (3), by striking out all that follows "loan shall contain" and inserting in lieu thereof "the name of any registrant under the Lobbying Disclosure Act of 1994 who has made lobbying contacts on behalf of the person in connection with that loan insurance or guarantee."; and\\ //(3) by striking out paragraph (6) and redesignating paragraph (7) as paragraph (6).\\ //(b) REMOVAL OF OBSOLETE REPORTING REQUIREMENT.--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), respectively.\\ /!SEC. 15. 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 HOUSING LOBBYIST ACTIVITIES.--\\ //(1) Section 13 of the Department of Housing and Urban Development Act (42 U.S.C. 3537b) is repealed.\\ //(2) Section 536(d) of the Housing Act of 1949 (42 U.S.C. 1490p(d)) is repealed.\\ /!SEC. 16. CONFORMING AMENDMENTS TO OTHER STATUTES.!\ //(a) AMENDMENT TO COMPETITIVENESS POLICY COUNCIL ACT.--Section 5205(e) of the Competitiveness Policy Council Act (15 U.S.C. 4804(e)) is amended by inserting "or a lobbyist for a foreign entity (as the terms `lobbyist' and `foreign entity' are defined in section 3 of the Lobbying Disclosure Act of 1994)" after "an agent for a foreign principal".\\ //(b) AMENDMENTS TO TITLE18,UNITED STATES CODE.--Section 219(a) of title 18, United States Code, is amended (1) by inserting "or a lobbyist required to register under the Lobbying Disclosure Act of 1994 in connection with the representation of a foreign entity, 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,". Section 201(c)(1) of such title is amended by inserting "or rule or regulation issued pursuant to section 7353(b) by the supervising ethics office as defined in section 7353(d)(1) (A) through (E) of title 5" after "as provided by law".\\ //(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 Lobbying Disclosure Act of 1994)" after "an agent of a foreign principal (as defined by section 1(b) of the Foreign Agents Registration Act of 1938)".\\ /!SEC. 17. IDENTIFICATION OF FOREIGN CLIENT.!\ //(a) ORAL LOBBYING CONTACT.--Any person who makes an oral lobbying contact with a covered legislative branch official or a covered executive branch official on behalf of a foreign client shall, on the request of the official, identify the client on whose behalf the lobbying contact was made, state that such client is considered a foreign client under this section, and state whether such person is registered on behalf of that client under section 4. Such person shall, within one week of such lobbying contact, send to the covered legislative branch official or the covered executive branch official written confirmation of the information provided.\\ //(b) WRITTEN LOBBYING CONTACT.--Any person who makes a written lobbying contact (including an electronic communication) with a covered legislative branch official or a covered executive branch official on behalf of a foreign client shall identify the client on whose behalf the lobbying contact was made, state that such client is considered a foreign client under this section, and state whether such person is registered on behalf of that client under section 4.\\ //(c) DEFINITION.--For purposes of subsections (a) and (b), the term "foreign client" means a foreign entity as defined in section 3(7) or any organization or combination of persons under United States or foreign law if more than 50 percent of its members are foreign entities, if more than 50 percent of the equitable ownership of the organization or combination is held by foreign entities, or if more than 50 percent of its financial support is provided by foreign entities.\\ /!SEC. 18. AUTHORIZATION OF APPROPRIATIONS.!\ //There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out this Act.\\ /!SEC. 19. SEVERABILITY.!\ //If any provision of this Act, or the application thereof, is held invalid, the validity of the remainder of this Act and the application of such provision to other persons and circumstances shall not be affected thereby.\\ /!SEC. 20. EFFECTIVE DATES AND INTERIM RULE.!\ //(a) IN GENERAL.--Except as otherwise provided in this section, the provisions of this Act shall take effect 1 year after the date of the enactment of this Act.\\ //(b) ESTABLISHMENT OF OFFICE.--The provisions of sections 7 and 18 and the amendments made by section 16 shall take effect on the date of the enactment of this Act.\\ //(c) REPEALS AND AMENDMENTS.--The repeals and amendments made under sections 13, 14, and 15 shall take effect as provided under subsection (a), except that such repeals and amendments--\\ //(1) shall not affect any proceeding or suit commenced before the effective date under subsection (a), and in all such proceedings or suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted; and\\ //(2) shall not affect the requirements of Federal agencies to compile, publish, and retain information filed or received before the effective date of such repeals and amendments.\\ //(d) REGULATIONS.--Proposed regulations required to implement this Act shall be published for public comment no later than 270 days after the date of the enactment of this Act. No later than 1 year after the date of the enactment of this Act, final regulations required to implement this Act shall be published.\\ //(e) PHASE-IN-PERIOD.--No penalty shall be assessed by the Director under section 9(e) for a violation of this Act, other than for a violation of section 6, which occurs during the first semiannual reporting period under section 5 after the effective date prescribed by subsection (a).\\ //(f) INTERIM REPORTING RULE.--\\ //(1) RULE.--For 3 years after the date of the enactment of this Act, any registrant engaged in lobbying activities on its own behalf that is denied a deduction for expenditures associated with such lobbying activities under section 162(e) of the Internal Revenue Code of 1986, may make a good faith estimate (by category of dollar value) of the amount of the deduction denied for the applicable semiannual period to meet the requirements of section 5(b)(4) of this Act. Each time a registrant elects to estimate lobbying expenditures pursuant to this paragraph, the registrant shall inform the Director that it is making such an estimate.\\ //(2) STUDY.--Within 120 days of the filing of reports by registrants under section 5 in the second semiannual reporting period, the Comptroller General of the United States shall review reporting by registrants under paragraph (1) in such periods and report to the Congress--\\ //(A) the differences between the definition of lobbying activities in section 3 and the definition of lobbying expenditures in such section 162(e) as each are implemented by regulations;\\ //(B) the impact any such differences may have on the amounts reported by the registrants who elect to estimate lobbying expenditures pursuant to paragraph (1); and\\ //(C) any changes to this Act or to such section 162(e) which the Comptroller General may recommend to harmonize the two definitions.\\ //(g) TRANSITIONAL FILING REQUIREMENT.--\\ //(1) SIMULTANEOUS FILING.--Subject to the provisions of paragraph (2), each registrant shall transmit simultaneously to the Secretary of the Senate and the Clerk of the House of Representatives an identical copy of each registration and report required to be filed under this Act.\\ //(2) SUNSET PROVISION.--The simultaneous filing requirement under paragraph (1) shall be effective until such time as the Director, in consultation with the Secretary of the Senate and the Clerk of the House of Representatives, determines that the Office of Lobbying Registration and Public Disclosure is able to provide computer telecommunication or other transmittal of registrations and reports as required under section 7(b)(11).\\ //(3) IMPLEMENTATION.--The Director, the Secretary of the Senate, and the Clerk of the House of Representatives shall take such actions as necessary to ensure that the Office of Lobbying Registration and Public Disclosure is able to provide computer telecommunication or other transmittal of registrations and reports as required under section 7(b)(11) on the effective date of this Act, or as soon thereafter as reasonably practicable.\\ Attest: //Clerk.\\