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H.R. 5085 (103rd): Lobbying Disclosure Act of 1994

The text of the bill below is as of Sep 23, 1994 (Introduced).


HR 5085 IH

103d CONGRESS

2d Session

H. R. 5085

A bill to provide for the disclosure of lobbying activities to influence the Federal Government, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 23, 1994

Mr. BRYANT introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

A bill to provide for the disclosure of lobbying activities to influence the Federal Government, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I--LOBBYING DISCLOSURE

SECTION 101. SHORT TITLE.

    This title may be cited as the ‘Lobbying Disclosure Act of 1994’.

SEC. 102. 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 statues 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. 103. DEFINITIONS.

    As used in this title:

      (1) AGENCY- The term ‘agency’ has the meaning given that term in section 551(1) of title 5, United States Code.

      (2) CLIENT- The term ‘client’ means any person or entity that employs or retains another person for financial or other compensation to conduct lobbying activities on behalf of that person or entity. A person or entity whose employees act as lobbyists on its own behalf is both a client and an employer of such employees. In the case of a coalition or 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) an individual member or members, when the lobbying activities are conducted on behalf of, and financed separately by, 1 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;

        (B) the Vice President;

        (C) any officer or employee, or any other individual functioning in the capacity of such an officer or employee, in the Executive Office of the President;

        (D) any officer or employee serving in a position in level I, II, III, IV, or V of the 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.

      (4) COVERED LEGISLATIVE BRANCH OFFICIAL- 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 individual 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 organized 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) DIRECTOR- The term ‘Director’ means the Director of the Office of Lobbying Registration and Public Disclosure.

      (6) 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.

      (7) FOREIGN ENTITY- The term ‘foreign entity’ means a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)).

      (8) GRASSROOTS LOBBYING COMMUNICATIONS- The term ‘grassroots lobbying communications’ means--

        (A) any communication that attempts to influence a matter described in clause (i), (ii), (iii), or (iv) of section 103(10)(A) 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 section 103(10)(A); 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 grassroots lobbying communications to the extent that such communications are made in support of a lobbying contact. A communication in support of a lobbying contact is a lobbying activity even if the communication is excluded from the definition of ‘lobbying contact’ under paragraph (10)(B).

        (B) RELIGIOUS ORGANIZATIONS- Lobbying activities do not include grassroots 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 another registrant or any person or entity required to be identified under section 104(b)(5).

      (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 rule, 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 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 disseminating news and information to the public;

          (iii) made in a speech, article, publication or other material that is widely distributed 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 request does not include an attempt 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 by a covered executive branch official or a covered legislative branch official for specific information;

          (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 an official 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) a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding;

          (xv) a petition for agency action made in writing and required to be a matter of public record pursuant to established agency procedures;

          (xvi) made on behalf of an individual with regard to that individual’s benefits, employment, or other personal matters involving only that individual, except that this clause does not apply to any communication with--

            (I) a covered executive branch official, or

            (II) a covered legislative branch official (other than the individual’s elected Members of Congress or employees who work under such Members’ direct supervision),

          with respect to the formulation, modification, or adoption of private legislation for the relief of that individual;

          (xvii) a disclosure by an individual that is protected under the amendments made by the Whistleblower Protection Act of 1989, under the Inspector General Act of 1978, or under another provision of law;

          (xviii) made by--

            (I) a church, its integrated auxiliary, 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 exempt from filing a Federal income tax return under paragraph (2)(A)(iii) of such section 6033(a),

          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 (as defined in section 3(a)(26) of the Securities Exchange Act) that is registered with or established by the Securities and Exchange Commission as required by that Act; and

            (II) the Securities and Exchange Commission,

          relating to the regulatory responsibilities of such organization under that Act.

      (11) LOBBYING FIRM- The term ‘lobbying firm’ means a person or entity that has 1 or more employees who are lobbyists on behalf of a client other than that person or entity. The term also includes a self-employed individual who is a lobbyist.

      (12) 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.

      (13) MEDIA ORGANIZATION- The term ‘media organization’ means a person or entity engaged in disseminating information to the general public through a newspaper, magazine, other publication, radio, television, cable television, or other medium of mass communication.

      (14) MEMBER OF CONGRESS- The term ‘Member of Congress’ means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress.

      (15) ORGANIZATION- The term ‘organization’ means a person or entity other than an individual.

      (16) PERSON OR ENTITY- The term ‘person or entity’ means any individual, corporation, company, foundation, association, labor organization, firm, partnership, society, joint stock company, group of organizations, or State or local government.

      (17) PUBLIC OFFICIAL- The term ‘public official’ means any elected official, appointed official, or employee of--

        (A) a Federal, State, or local unit of government in the United States other than--

          (i) a college or university;

          (ii) a government-sponsored enterprise (as defined in section 3(8) of the Congressional Budget and Impoundment Control Act of 1974);

          (iii) a public utility that provides gas, electricity, water, or communications;

          (iv) a guaranty agency (as defined in section 435(j) of the Higher Education Act of 1965 (20 U.S.C. 1085(j))), including any affiliate of such an agency; or

          (v) an agency of any State functioning as a student loan secondary market pursuant to section 435(d)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1085(d)(1)(F));

        (B) a Government corporation (as defined in section 9101 of title 31, United States Code);

        (C) an organization of State or local elected or appointed officials other than officials of an entity described in clause (i), (ii), (iii), (iv), or (v) of subparagraph (A);

        (D) an Indian tribe (as defined in section 4(e) of the Indian Self-Determination and 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.

      (18) STATE- The term ‘State’ means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

SEC. 104. REGISTRATION OF LOBBYISTS.

    (a) REGISTRATION-

      (1) GENERAL RULE- No 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) EMPLOYER FILING- Any organization that has 1 or more employees who are lobbyists shall file a single registration under this section on behalf of such employees for each client on whose behalf the employees act as lobbyists.

      (3) EXEMPTION-

        (A) GENERAL RULE- Notwithstanding paragraphs (1) and (2), a person or entity whose--

          (i) total income for matters related to lobbying activities on behalf of a particular client (in the case of a lobbying firm) does not exceed and is not expected to exceed $2,500; or

          (ii) total expenses in connection with lobbying activities (in the case of an organization whose employees engage in lobbying activities on its own behalf) do not exceed or are not expected to exceed $5,000.

        (as estimated under section 105) in the semiannual period described in section 105(a) during which the registration would be made is not required to register under subsection (a) with respect to such client.

        (B) ADJUSTMENT- The dollar amounts in subparagraph (A) shall be adjusted--

          (i) on January 1, 1997, to reflect changes in the Consumer Price Index (as determined by the Secretary of Labor) since the date of enactment of this title; 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 $500.

    (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 more than $5,000 toward the lobbying activities of the registrant in a semiannual period described in section 105(a); and

        (B) participates 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 activities of the client or any organization identified under paragraph (3); 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 entity retained by the registrant to conduct grassroots lobbying communications on behalf of the registrant or the client (other than an employee of the registrant or a person or entity that is separately registered under this title 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 first acted (after the date of enactment of this Act) as a lobbyist on behalf of the client, the position in which such employee served.

    (c) Guidelines for Registration-

      (1) MULTIPLE CLIENTS- In the case of a registrant making lobbying contacts on behalf of more than 1 client, a separate registration under this section shall be filed for each such client.

      (2) MULTIPLE CONTACTS- A registrant who makes more than 1 lobbying contact for the same client shall file a single registration covering all such lobbying contacts.

    (d) TERMINATION OF REGISTRATION- A registrant who after registration--

      (1) is no longer employed or retained by a client to conduct lobbying activities; and

      (2) does not anticipate any additional lobbying activities for such client,

    may so notify the Director and terminate its registration.

SEC. 105. 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 104, 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) GENERAL RULE- 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 lobbying firm), does not exceed and is not expected to exceed $2,500; or

          (ii) total expenses in connection with lobbying activities (in the case of a registrant whose employees engage in lobbying activities on its own behalf) do not exceed and are not expected to exceed $5,000,

        in a semiannual period (as estimated under paragraph (3) or (4) of subsection (b) or paragraph (4) or 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 dollar amounts in subparagraph (A) shall be adjusted as provided in section 104(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 a lobbyist employed by 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;

        (C) a list of the employees of the registrant who acted as lobbyists on behalf of the client;

        (D) a description of the interest, if any, of any foreign entity identified under section 104(b)(4) in the specific issues listed under subparagraph (A); and

        (E) a list of the specific issues on which any person or entity required to be identified under section 104(b)(5) has engaged in grass roots lobbying communications on behalf of the client;

      (3) in the case of a lobbying firm, a good faith estimate of the total amount of all income from the client (including any payments to the registrant by any other person for lobbying activities on behalf of the client) during the semiannual period, other than income for matters that are unrelated to lobbying activities;

      (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 registrant and its employees incurred in connection with lobbying activities during the semiannual filing period;

      (5) the name, address, and principal place of business of any person or entity other than the client who paid the registrant to lobby on behalf of the client; and

      (6) a good faith estimate of the total expenses that the registrant and its employees incurred in connection with grass roots lobbying communications on behalf of the client (including any amount paid, in connection with such communications, to a person or entity required to be identified under section 104(b)(5)).

    (c) ESTIMATES OF INCOME OR EXPENSES- For purposes of this section, estimates of income or expenses shall be made as follows:

      (1) $100,000 OR LESS- Income or expenses of $100,000 or less shall be estimated in accordance with the following categories:

        (A) $10,000 or less.

        (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.

      (2) MORE THAN $100,000 BUT NOT MORE THAN $500,000- Income or expenses in excess of $100,000 but not more than $500,000 shall be estimated and rounded to the nearest $50,000.

      (3) MORE THAN $500,000- Income or expenses in excess of $500,000 shall be estimated and rounded to the nearest $100,000.

      (4) ESTIMATES BASED ON TAX REPORTING SYSTEM- In the case of any registrant that is required to report and does report lobbying expenditures as required by section 6033(b)(8) of the Internal Revenue Code of 1986, regulations prescribed under section 107 shall provide that the registrant may make a good faith estimate of applicable 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 subsections (b)(4) and (b)(6), if each time the registrant makes such an estimate, the registrant informs the Director that the registrant is making such an estimate.

      (5) 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 title.

    (d) Contacts-

      (1) CONTACT 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 to be a contact with the committee.

      (2) 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 that is not within the jurisdiction of a committee of Congress of which that Member is a member shall be considered to be a contact with the House of Congress of that Member.

      (3) CONTACTS WITH FEDERAL AGENCIES- For purposes of subsection (b)(2), any contact with a covered executive branch official shall be considered to be a contact with the Federal agency that employs that official, except that a contact with a covered executive branch official who is detailed to another Federal agency or to the Congress shall be considered to be a contact with the Federal agency or with the committee of Congress or House of Congress to which the official is detailed.

    (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. 106. PROHIBITION ON GIFTS BY LOBBYISTS, LOBBYING FIRMS, AND AGENTS OF FOREIGN PRINCIPALS.

    (a) In General-

      (1) PROHIBITION- No lobbyist or lobbying firm registered under this title and no agent of a foreign principal registered under the Foreign Agents Registration Act may provide a gift, directly or indirectly, to any covered legislative branch official.

      (2) DEFINITION- For purposes of this section--

        (A) the term ‘gift’ means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value and such term includes gifts of services, training, transportation, lodging, and meals, whether provided in kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred; and

        (B) a gift to the spouse or dependent of a covered legislative branch official (or a gift to any other individual based on that individual’s relationship with the covered legislative branch official) shall be considered a gift to the covered legislative branch official if it is given with the knowledge and acquiescence of the covered legislative branch official and is given because of the official position of the covered legislative branch official.

    (b) GIFTS- The prohibition in subsection (a) includes the following:

      (1) Anything provided by a lobbyist or a foreign agent which is paid for, charged to, or reimbursed by a client or firm of such lobbyist or foreign agent.

      (2) Anything provided by a lobbyist, a lobbying firm, or a foreign agent to an entity that is maintained or controlled by a covered legislative branch official.

      (3) A charitable contribution (as defined in section 170(c) of the Internal Revenue Code of 1986) made by a lobbyist, a lobbying firm, or a foreign agent on the basis of a designation, recommendation, or other specification of a covered legislative branch official (not including a mass mailing or other solicitation directed to a broad category of persons or entities).

      (4) A contribution or other payment by a lobbyist, a lobbying firm, or a foreign agent to a legal expense fund established for the benefit of a covered legislative branch official or a covered executive branch official.

      (5) A charitable contribution (as defined in section 170(c) of the Internal Revenue Code of 1986) made by a lobbyist, a lobbying firm, or a foreign agent in lieu of an honorarium to a covered legislative branch official.

      (6) A financial contribution or expenditure made by a lobbyist, a lobbying firm, or a foreign agent relating to a conference, retreat, or similar event, sponsored by or affiliated with an official congressional organization, for or on behalf of covered legislative branch officials.

    (c) NOT GIFTS- The following are not gifts subject to the prohibition in subsection (a):

      (1) Anything for which the recipient pays the market value, or does not use and promptly returns to the donor.

      (2) A contribution, as defined in the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully made under that Act, or attendance at a fundraising event sponsored by a political organization described in section 527(e) of the Internal Revenue Code of 1986.

      (3) Food or refreshments of nominal value offered other than as part of a meal.

      (4) Benefits resulting from the business, employment, or other outside activities of the spouse of a covered legislative branch official, if such benefits are customarily provided to others in similar circumstances.

      (5) Pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer.

      (6) Informational materials that are sent to the office of a covered legislative branch official in the form of books, articles, periodicals, other written materials, audio tapes, videotapes, or other forms of communication.

    (d) GIFTS GIVEN FOR A NONBUSINESS PURPOSE AND MOTIVATED BY FAMILY RELATIONSHIP OR CLOSE PERSONAL FRIENDSHIP-

      (1) IN GENERAL- A gift given by an individual under circumstances which make it clear that the gift is given for a nonbusiness purpose and is motivated by a family relationship or close personal friendship and not by the position of the covered legislative branch official shall not be subject to the prohibition in subsection (a).

      (2) NONBUSINESS PURPOSE- A gift shall not be considered to be given for a nonbusiness purpose if the individual giving the gift seeks--

        (A) to deduct the value of such gift as a business expense on the individual’s Federal income tax return, or

        (B) direct or indirect reimbursement or any other compensation for the value of the gift from a client or employer of such lobbyist or foreign agent.

      (3) FAMILY RELATIONSHIP OR CLOSE PERSONAL FRIENDSHIP- In determining if the giving of a gift is motivated by a family relationship or close personal friendship, at least the following factors shall be considered:

        (A) The history of the relationship between the individual giving the gift and the recipient of the gift, including whether or not gifts have previously been exchanged by such individuals.

        (B) Whether the gift was purchased by the individual who gave the item.

        (C) Whether the individual who gave the gift also at the same time gave the same or similar gifts to other covered legislative branch officials.

SEC. 107. OFFICE OF LOBBYING REGISTRATION AND PUBLIC DISCLOSURE.

    (a) ESTABLISHMENT AND DIRECTOR-

      (1) ESTABLISHMENT- There is established an executive agency to be known as the office of Lobbying Registration and Public Disclosure.

      (2) DIRECTOR- (A) the Office shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate.

      (B) The Director shall be an individual who, by demonstrated ability, background, training, and experience, is qualified to carry out the functions of the position. The term of service of the Director shall be 5 years.

      (C) Section 5316 of title 5, United States Code, is amended by adding at the end the following: ‘Director of the Office of Lobbying Registration and Public Disclosure’.

    (b) ADMINISTRATIVE POWERS- The Director may--

      (1) appoint officers and employees, including attorneys, in accordance with chapter 51 and subchapter III of chapter 53 of title 5, United States Code, define their duties and responsibilities, and direct and supervise their activities;

      (2) 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 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, but the contract authority under this paragraph shall be effective for any fiscal year only to the extent that appropriations are available for that purpose;

      (3) request the head of any Federal department or agency (who is hereby so authorized) to detail to temporary duties with the Office such personnel within the agency head’s administrative jurisdiction as the Office may need for carrying out its functions under this title, with or without reimbursement;

      (4) request agency heads to provide information needed by the office, which information shall be supplied to the extent permitted by law;

      (5) utilize, with their consent, the services and facilities of Federal agencies with or without reimbursement;

      (6) accept, use, and dispose of gifts or donations of services or property, real, personal, or mixed, tangible or intangible, for purposes of aiding or facilitating the work of the Office; and

      (7) use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.

    (c) COOPERATION WITH OTHER GOVERNMENTAL AGENCIES- In order to avoid unnecessary expense and duplication of function among Government agencies, the Office may make such arrangements or agreements for cooperation or mutual assistance in the performance of its functions under this title as is practicable and consistent with law. The head of the General Services Administration and each department, agency, or establishment of the United States shall cooperate with the Office and, to the extent permitted by law, provide such information, services, personnel, and facilities as the Office may request for its assistance in the performance of its functions under this title.

    (d) DUTIES- The Director 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, penalty guidelines, and forms as are necessary to carry out this title;

      (2) provide guidance and assistance on the registration and reporting requirements of this title, including--

        (A) providing information to all registrants at the time of registration about the obligations of registered lobbyists under this title, and

        (B) issuing published decisions and advisory opinions;

      (3) review the registrations and reports filed under this title 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 title, including--

        (A) a publicly available list of all registered lobbyists and their clients; and

        (B) computerized systems designed to minimize the burden of filing and maximize public access to materials filed under this title;

      (5) ensure that the computer systems developed pursuant to paragraph (4)--

        (A) allow the materials filed under this title to be accessed by the 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 title available to the public, upon the payment of reasonable fees, not to exceed the cost of such copies, as determined by the Director, in written and electronic 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 title for a period that ends not less than 3 years after the termination of the registration under section 104(d); and

        (B) reports filed under this title for a period that ends not less than 3 years after the date on which the report is received;

      (8) maintain a computer record of--

        (A) the information contained in registrations for a period that end not less than 5 years after the termination of the registration under section 104(d); and

        (B) the information contained in reports filed under this title for a period that ends not less than 5 years after the date on which the 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 104 and 105 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 109 (after exhaustion of all appeals under section 111) to have committed a major or minor violation of this title and submit such list to the Congress as part of the report provided for under paragraph (13);

      (13) make available to the public upon request and transmit to the President, the Secretary of the Senate, the Clerk of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on the Judiciary of the House of Representatives a report, not later than March 31 of each year, describing the activities of the Office and the implementation of this title, 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; and

      (14) study the appropriateness of the definition of ‘public official’ under section 103(17) and make recommendations for any change in such definition in the first report filed pursuant to paragraph (13).

SEC. 108. INITIAL PROCEDURES FOR ALLEGED VIOLATIONS.

    (a) ALLEGATION OF A VIOLATION- Whenever the Office of Lobbying Registration and Public Disclosure has reason to believe that a person or entity may be in violation of the requirements of this title, the Director shall notify the person or entity in writing of the nature of the alleged violation and provide an opportunity for the person or entity 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-

      (1) IN GENERAL- If the person or entity responds within the period described in the notification under subsection (a), the Director shall--

        (A) issue a written determination that the person or entity has not violated this title if the person or entity provides adequate information or explanation to make such determination; or

        (B) make a formal request for information under subsection (c) or a notification under section 109(a), if the information or explanation provided is not adequate to make a determination under subparagraph (A).

      (2) WRITTEN DECISION- If the Director makes a determination under paragraph (1)(A), the Director shall issue a public written decision in accordance with section 110.

    (c) FORMAL REQUEST FOR INFORMATION- If a person or entity 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 or entity has violated this title, 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 or entity is in compliance with this title, 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 or entity may assemble and make available for inspection and copying or reproduction the material so requested.

SEC. 109. DETERMINATIONS OF VIOLATIONS.

    (a) NOTIFICATION AND HEARING- If the information provided to the Director under section 108 indicates that a person or entity may have violated this title, the Director shall--

      (1) notify the person or entity in writing of this finding and, if appropriate, a proposed penalty assessment and provide such person or entity with an opportunity to respond in writing within 30 days after the notice is sent; and

      (2) if requested in writing by that person or entity within that 30-day period, afford the person or entity 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 section 108 and this section (including evidence presented at any such hearing) 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 written decision in accordance with section 110--

        (A) directing the person or entity to correct the violation; and

        (B) assessing a civil monetary penalty--

          (i) in the case of a minor violation, which shall be no more than $10,000, depending on the extent and gravity of the violation;

          (ii) in the case of a major violation, which shall be more than $10,000, but no more than $200,000, depending on the extent and gravity of the violation;

          (iii) in the case of a late registration or filing, which shall be $200 for each week by which the registration or filing was late, unless the Director determines that the failure to timely register or file constitutes a major violation (as defined under subsection (e)(2)) in which case the amount shall be as prescribed by clause (ii); or

          (iv) in the case of a failure to provide information requested by the Director pursuant to section 108(c), which shall be no more than $10,000, depending on the extent and gravity of the violation, except that no penalty shall be assessed if 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.

      (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 decision in accordance with section 110.

    (d) CIVIL INJUNCTIVE RELIEF- If a person or entity 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 or entity 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 or entity subject to the penalty knew or should have known that such person or entity was in violation of this title. 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, whether the violation was voluntarily admitted and corrected, the extent to which the person or entity may have profited from the violation, the ability of the person or entity to pay, and such other matters as justice may require.

      (2) REGULATIONS- Regulations prescribed by the Director under section 107 shall define major and minor violations. Major violations shall be defined to include a failure to register and any other violation that is extensive or repeated, if the person or entity who failed to register or committed such other violation--

        (A) had actual knowledge that the conduct constituted a violation;

        (B) acted in deliberate ignorance of the provisions of this title or regulations related to the conduct constituting a violation; or

        (C) acted in reckless disregard of the provisions of this title or regulations related to the conduct constituting a violation.

    (f) LIMITATION- No proceeding shall be initiated under section 108 or this section unless the Director notifies the person or entity who is to be the subject of the proceeding of the alleged violation within 3 years after the date on which the alleged violation occurred.

SEC. 110. DISCLOSURE OF INFORMATION; WRITTEN DECISIONS.

    (a) DISCLOSURE OF INFORMATION- Information provided to the Director pursuant to sections 108 and 109 shall not be made available to the public without the consent of the person or entity providing the information, except to the extent that such information may be included in--

      (1) a new or amended report or registration filed under this title; or

      (2) a written decision issued by the Director under this section.

    (b) WRITTEN DECISIONS- All written decisions issued by the Director under sections 108 and 109 shall be made available to the public. The Director may provide for the publication of a written decision if the Director determines that publication would provide useful guidance. Before making a written decision public, the Director--

      (1) shall delete information that would identify a person or entity who was alleged to have violated this title if--

        (A) there was insufficient evidence to determine that the person or entity violated this title or the Director found that person or entity did not violate this title; and

        (B) the person or entity so requests; and

      (2) shall delete information that would identify any other person or entity (other than a person or entity who was found to have violated this title), if the Director determines that such person or entity could reasonably be expected to be injured by the disclosure of such information.

SEC. 111. JUDICIAL REVIEW.

    (a) FINAL DECISION- A written decision issued by the Director under section 109 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 or entity adversely affected by a written decision issued by the Director under section 109 may appeal such decision, except as provided under section 109(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 title 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. 112. RULES OF CONSTRUCTION.

    (a) CONSTITUTIONAL RIGHTS- Nothing in this title shall be construed to prohibit or interfere with--

      (1) the right to petition the government for the redress of grievances;

      (2) the right to express a personal opinion; or

      (3) the right of association,

    protected by the First Amendment to the Constitution.

    (b) PROHIBITION OF ACTIVITIES- Nothing in this title shall be construed to prohibit, or to authorize the Director or any court to prohibit, lobbying activities or lobbying contacts by any person or entity, regardless of whether such person or entity is in compliance with the requirements of this title.

    (c) AUDIT AND INVESTIGATIONS- Nothing in this title shall be construed to grant general audit or investigative authority to the Director.

SEC. 113. 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 subsection (j);

        (B) in subsection (o) by striking ‘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 ‘any activity that the person engaging in believes will, or that the person intends to, in any way influence’;

        (C) in subsection (p) by striking the semicolon and inserting a period; and

        (D) by striking subsection (q);

      (2) in section 3(g) (22 U.S.C. 613(g)), by striking ‘established agency proceedings, whether formal or informal.’ and inserting ‘judicial 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) 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 ‘political propaganda’ and inserting ‘informational materials’; and

        (B) by striking ‘and a statement, duly signed by or on behalf of such an agent, setting forth full information as to the places, times, and extent of such transmittal’;

      (5) in section 4(b) (22 U.S.C. 614(b))--

        (A) in the matter preceding clause (i), by striking ‘political propaganda’ and inserting ‘informational materials’; and

        (B) by striking ‘(i) in the form of prints, or’ and all that follows through the end of the subsection and inserting ‘without placing in such informational materials a conspicuous statement that the materials are distributed by the agent on behalf of the foreign principal, and that additional information is on file with the Department of Justice, Washington, District of Columbia. The Attorney General may by rule define what constitutes a conspicuous statement for the purposes of this subsection.’;

      (6) in section 4(c)(22 U.S.C. 614(c)), by striking ‘political propaganda’ and inserting ‘informational materials’;

      (7) in section 6 (22 U.S.C. 616)--

        (A) in subsection (a) by striking ‘and all statements concerning the distribution of political propaganda’;

        (B) in subsection (b) by striking ‘, and one copy of every item of political propaganda’; and

        (C) in subsection (c) by striking ‘copies of political propaganda,’;

      (8) in section 8 (22 U.S.C. 618)--

        (A) in subsection (a)(2) by striking ‘or in any statement under section 4(a) hereof concerning the distribution of political propaganda’; and

        (B) by striking subsection (d); and

      (9) in section 11 (22 U.S.C. 621) by striking ‘, including the nature, sources, and content of political propaganda disseminated or distributed’.

SEC. 114. 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 subparagraphs (A), (B), and (C) and inserting 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 all that follows ‘loan shall contain’ and inserting ‘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 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) redesignating subsections (e), (f), (g), and (h) as subsections (d), (e), (f), and (g), respectively.

SEC. 115. 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. 116. CONFORMING AMENDMENTS TO OTHER STATUTES.

    (a) AMENDMENT TO COMPETITIVENESS POLICY COUNCIL ACT- Section 5206(e) of the Competitiveness Policy Council Act (15 U.S.C. 4804(e)) is amended by inserting ‘or a lobbyist for a foreign entity (as the terms ‘lobbyist’ and ‘foreign entity’ are defined under section 103 of the Lobbying Disclosure Act of 1994)’ after ‘an agent for a foreign principal’.

    (b) AMENDMENTS TO TITLE 18, UNITED STATES CODE- Section 219(a) of title 18, United States Code, is amended (1) by inserting ‘or a lobbyist required to register under the Lobbying Disclosure Act of 1994 in connection with the representation of a foreign entity, as defined in section 103(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,’.

    (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 103(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. 117. SEVERABILITY.

    If any provision of this title, or the application thereof, is held invalid, the validity of the remainder of this title and the application of such provision to other persons and circumstances shall not be affected thereby.

SEC. 118. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal years 1995, 1996, 1997, 1998, and 1999 such sums as may be necessary to carry out this title.

SEC. 119. IDENTIFICATION OF CLIENTS AND COVERED OFFICIALS.

    (a) ORAL LOBBYING CONTACTS- Any person or entity that makes an oral lobbying contact with a covered legislative branch official or a covered executive branch official shall, on the request of the official at the time of the lobbying contact--

      (1) state whether the person or entity is registered under this title and identify the client on whose behalf the lobbying contact is made; and

      (2) state whether such client is a foreign entity and identify any foreign entity required to be disclosed under section 104(b)(4) that has a direct interest in the outcome of the lobbying activity.

    (b) WRITTEN LOBBYING CONTACTS- Any person or entity registered under this title that makes a written lobbying contact (including an electronic communication) with a covered legislative branch official or a covered executive branch official shall--

      (1) if the client on whose behalf the lobbying contact was made is a foreign entity, identify such client, state that the client is considered a foreign entity under this title, and state whether the person making the lobbying contact is registered on behalf of that client under section 104; and

      (2) identify any other foreign entity identified pursuant to section 104(b)(4) that has a direct interest in the outcome of the lobbying activity.

    (c) IDENTIFICATION AS COVERED OFFICIAL- Upon request by a person or entity making a lobbying contact, the individual who is contacted or the office employing that individual shall indicate whether or not the individual is a covered legislative branch official or a covered executive branch official.

SEC. 120. TRANSITIONAL FILING REQUIREMENT.

    (a) SIMULTANEOUS FILING- Subject to subsection (b), 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 title.

    (b) SUNSET PROVISION- The simultaneous filing requirement under subsection (a) 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 or registrations and reports as required under section 107(b)(11).

    (c) 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 107(b)(11) on the effective date of this title, or as soon thereafter as reasonably practicable.

SEC. 121. EFFECTIVE DATES AND INTERIM RULES.

    (a) IN GENERAL- Except as otherwise provided in this section, this title and the amendments made by this title shall take effect January 1, 1996.

    (b) EFFECTIVE DATE OF GIFT PROHIBITION- Section 6 shall take effect on January 1, 1995. During calendar year 1995, such section shall apply to any gift provided by a lobbyist or an agent of a foreign principal registered under the Federal Regulation of Lobbying Act or the Foreign Agents Registration Act, including any person registered under such Acts as of July 1, 1994, or thereafter.

    (c) ESTABLISHMENT OF OFFICE- Sections 107 and 108 shall take effect on the date of enactment of this Act.

    (d) REPEALS AND AMENDMENTS- The repeals and amendments made under sections 113, 114, 115, and 116 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 title 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.

    (e) REGULATIONS- Proposed regulations required to implement this title 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 title shall be published.

    (f) PHASE-IN PERIOD- No penalty shall be assessed by the Director under section 109(e) for a violation of this title, other than for a violation of section 106, which occurs during the first semiannual reporting period under section 105 after the effective date prescribed by subsection (a).

    (g) INTERIM RULES-

      (1) REPORTING RULE- A person or entity that is required to account for lobbying expenditures and does account for lobbying expenditures pursuant to section 162(e) of the Internal Revenue Code of 1986 may make a good faith estimate (by category of dollar value) of the amount that would not be deductible pursuant to that section for the applicable semiannual period to meet the requirements of sections 104(a)(3), 105(a)(2), and 105(b)(4), if the person or entity--

        (A) makes such an estimate to meet the requirements of each such section of this title for a given calendar year; and

        (B) informs the Director that the person or entity is making such an estimate in any registration or report including such an estimate.

      (2) DE MINIMUS RULE- In determining whether its employees are lobbyists under section 103(12)--

        (A) a person or entity that is required to report and does report lobbying expenditures pursuant to section 6033(b)(8) of the Internal Revenue Code of 1986, and makes an estimate of expenses pursuant to section 105(c)(4) of this title to meet the requirements of sections 104(a)(3), 105(a)(2), 105(b)(4), and 105(b)(6) of this title, shall, in lieu of using the definition of ‘lobbying activities’ in section 103(9) of this title, consider as lobbying activities--

          (i) activities that are influencing legislation as defined in section 4911(d) of the Internal Revenue Code of 1986;

          (ii) activities described in section 4911(d)(2)(C) of the Internal Revenue Code of 1986; and

          (iii) lobbying activities (as defined in section 103(9)) that are in support of a lobbying contact with a covered executive branch official; and

        (B) a person or entity that is required to account for lobbying expenditures and does account for lobbying expenditures pursuant to section 162(e) of the Internal Revenue Code of 1986, and makes an estimate of expenses pursuant to paragraph (1) of this subsection, shall, in lieu of using the definition of ‘lobbying activities’ in section 103(9), consider as lobbying activities--

          (i) activities that are influencing legislation within the meaning of section 162(e)(1)(A) of the Internal Revenue Code of 1986;

          (ii) activities that are attempts to influence the general public, as described in section 162(e)(1)(C) of the Internal Revenue Code of 1986; and

          (iii) lobbying activities (as defined in section 103(9)) that are in support of a lobbying contact with a covered executive branch official.

      (3) STUDY- Not later than March 31, 1997, the Comptroller General of the United States shall review reporting by registrants under paragraph (1) of this section and section 105(c)(4) and report to the Congress--

        (A) the differences between the definition of ‘lobbying activities’ in section 103(9) and the definitions of ‘lobbying expenditures’, ‘influencing legislation’, and related terms in sections 162(e) and 4911 of the Internal Revenue Code of 1986, as each are implemented by regulations;

        (B) the impact that any such differences may have on filing and reporting under this title pursuant to this subsection; and

        (C) any changes to this title or to the appropriate sections of the Internal Revenue Code of 1986 that the Comptroller General may recommend to harmonize the definitions.

      (4) SUNSET PERIOD- This subsection shall cease to be effective on December 31, 1998.

    (h) INTERIM DIRECTOR- Within 30 days after the date of the enactment of this Act, the President shall designate an interim Director of the Office of Lobbying Registration and Public Disclosure, who shall serve at the pleasure of the President until a Director of such Office has been nominated by the President and confirmed by the Senate. The interim Director may not promulgate final regulations pursuant to section 107(d) or initiate procedures for alleged violations pursuant to sections 108 and 109.

TITLE II--CONGRESSIONAL GIFT RULES

SEC. 201. AMENDMENTS TO SENATE RULES.

    Rule XXXV of the Standing Rules of the Senate is amended to read as follows:

    ‘1. No Member, officer, or employee of the Senate shall accept a gift, knowing that such gift is provided by a registered lobbyist, a lobbying firm, or an agent of a foreign principal in violation of the Lobbying Disclosure Act of 1994.

    ‘2. (a) In addition to the restriction on receiving gifts from registered lobbyists, lobbying firms, and agents of foreign principals provided by paragraph 1 and except as provided in this Rule, no Member, officer, or employee of the Senate shall knowingly accept a gift from any other person.

    ‘(b)(1) For the purpose of this Rule, the term ‘gift’ means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. The term includes gifts of services, training, transportation, lodging, and meals, whether provided in kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred.

    ‘(2) A gift to the spouse or dependent of a Member, officer, or employee (or a gift to any other individual based on that individual’s relationship with the Member, officer, or employee) shall be considered a gift to the Member, officer, or employee if it is given with the knowledge and acquiescence of the Member, officer, or employee and the Member, officer, or employee has reason to believe the gift was given because of the official position of the Member, officer, or employee.

    ‘(c) The restrictions in subparagraph (a) shall not apply to the following:

      ‘(1) Anything for which the Member, officer, or employee pays the market value, or does not use and promptly returns to the donor.

      ‘(2) A contribution, as defined in the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully made under that Act, or attendance at a fundraising event sponsored by a political organization described in section 527(e) of the Internal Revenue Code of 1986.

      ‘(3) Anything provided by an individual on the basis of a personal or family relationship unless the Member, officer, or employee has reason to believe that, under the circumstances, the gift was provided because of the official position of the Member, officer, or employee and not because of the personal or family relationship. The Select Committee on Ethics shall provide guidance on the applicability of this clause and examples of circumstances under which a gift may be accepted under this exception.

      ‘(4) A contribution or other payment to a legal expense fund established for the benefit of a Member, officer, or employee that is otherwise lawfully made.

      ‘(5) Any food or refreshments which the recipient reasonably believes to have a value of less than $20.

      ‘(6) Any gift from another Member, officer, or employee of the Senate or the House of Representatives.

      ‘(7) Food, refreshments, lodging, and other benefits--

        ‘(A) resulting from the outside business or employment activities (or other outside activities that re not connected to the duties of the Member, officer, or employee as an officeholder) of the Member, officer, or employee, or the spouse of the Member, officer, or employee, if such benefits have not been offered or enhanced because of the official position of the Member, officer, or employee and are customarily provided to others in similar circumstances;

        ‘(B) customarily provided by a prospective employer in connection with bona fide employment discussions; or

        ‘(C) provided by a political organization described in section 527(e) of the Internal Revenue Code of 1986 in connection with a fundraising or campaign event sponsored by such an organization.

      ‘(8) Pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer.

      ‘(9) Informational materials that are sent to the office of the Member, officer, or employee in the form of books, articles, periodicals, other written materials, audio tapes, videotapes, or other forms of communication.

      ‘(10) Awards or prizes which are given to competitors in contests or events open to the public, including random drawings.

      ‘(11) Honorary degrees (and associated travel, food, refreshments, and entertainment) and other bona fide, nonmonetary awards presented in recognition of public service (and associated food, refreshments, and entertainment provided in the presentation of such degrees and awards).

      ‘(12) Donations of products from the State that the Member represents that are intended primarily for promotional purposes, such as display or free distribution, and are of minimal value to any individual recipient.

      ‘(13) Food, refreshments, and entertainment provided to a Member or an employee of a Member in the Member’s home State, subject to reasonable limitations, to be established by the Committee on Rules and Administration.

      ‘(14) An item of little intrinsic value such as a greeting card, baseball cap, or a T shirt.

      ‘(15) Training (including food and refreshments furnished to all attendees as an integral part of the training) provided to a Member, officer, or employee, if such training is in the interest of the Senate.

      ‘(16) Bequests, inheritances, and other transfers at death.

      ‘(17) Any item, the receipt of which is authorized by the Foreign Gifts and Decorations Act, the Mutual Educational and Cultural Exchange Act, or any other statute.

      ‘(18) Anything which is paid for by the Federal Government, by a State or local government, or secured by the Government under a Government contract.

      ‘(19) A gift of personal hospitality of an individual, as defined in section 109(14) of the Ethics in Government Act.

      ‘(20) Free attendance at a widely attended event permitted pursuant to subparagraph (d).

      ‘(21) Opportunities and benefits which are--

        ‘(A) available to the public or to a class consisting of all Federal employees, whether or not restricted on the basis of geographic consideration;

        ‘(B) offered to members of a group or class in which membership is unrelated to congressional employment;

        ‘(C) offered to members of an organization, such as an employees’ association or congressional credit union, in which membership is related to congressional employment and similar opportunities are available to large segments of the public through organizations of similar size;

        ‘(D) offered to any group or class that is not defined in a manner that specifically discriminates among Government employees on the basis of branch of Government or type of responsibility, or on a basis that favors those of higher rank or rate of pay;

        ‘(E) in the form of loans from banks and other financial institutions on terms generally available to the public; or

        ‘(F) in the form of reduced membership or other fees for participation in organization activities offered to all Government employees by professional organizations if the only restrictions on membership relate to professional qualifications.

      ‘(22) A plaque, trophy, or other memento of modest value.

      ‘(23) Anything for which, in an unusual case, a waiver is granted by the Select Committee on Ethics.

    ‘(d)(1) Except as prohibited by paragraph 1, a Member, officer, or employee may accept an offer of free attendance at a widely attended convention, conference, symposium, form, panel discussion, dinner, viewing, reception, or similar event, provided by the sponsor of the event, if--

      ‘(A) the Member, officer, or employee participates in the event as a speaker or a panel participant, by presenting information related to Congress or matters before Congress, or by performing a ceremonial function appropriate to the Member’s, officer’s, or employee’s official position; or

      ‘(B) attendance at the event is appropriate to the performance of the official duties or representative function of the Member, officer, or employee.

    ‘(2) A Member, officer, or employee who attends an event described in clause (1) may accept a sponsor’s unsolicited offer of free attendance at the event for an accompanying individual if others in attendance will generally be similarly accompanied or if such attendance is appropriate to assist in the representation of the Senate.

    ‘(3) Except as prohibited by paragraph 1, a Member, officer, or employee, or the spouse or dependent thereof, may accept a sponsor’s unsolicited offer of free attendance at a charity event, except that reimbursement for transportation and lodging may not be accepted in connection with the event.

    ‘(4) For purposes of this paragraph, the term ‘free attendance’ may include waiver of all or part of a conference or other fee, the provision of local transportation, or the provision of food, refreshments, entertainment, and instructional materials furnished to all attendees as an integral part of the event. The term does not include entertainment collateral to the event, or food or refreshments taken other than in a group setting with all or substantially all other attendees.

    ‘(e) No Member, officer, or employee may accept a gift the value of which exceeds $250 on the basis of the personal relationship exception in subparagraph (c)(3) or the close personal friendship exception in section 106(d) of the Lobbying Disclosure Act of 1994 unless the Select Committee on Ethics issues a written determination that one of such exceptions applies.

    ‘(f)(1) The Committee on Rules and Administration is authorized to adjust the dollar amount referred to in subparagraph (c)(5) on a periodic basis, to the extent necessary to adjust for inflation.

    ‘(2) The Select Committee on Ethics shall provide guidance setting forth reasonable steps that may be taken by Members, officers, and employees, with a minimum of paperwork and time, to prevent the acceptance of prohibited gifts from lobbyists.

    ‘(3) When it is not practicable to return a tangible items because it is perishable, the time may, at the discretion of the recipient, be given to an appropriate charity or destroyed.

    ‘3. (a)(1) Except as prohibited by paragraph 1, a reimbursement (including payment in kind) to a Member, officer, or employee for necessary transportation, lodging and related expenses for travel to a meeting, speaking engagement, factfinding trip or similar event in connection with the duties of the Member, officer, or employee as an officeholder shall be deemed to be a reimbursement to the Senate and not a gift prohibited by this rule, if the Member, officer, or employee--

      ‘(A) in the case of an employee, receives advance authorization, from the Member or officer under whose direct supervision the employee works, to accept reimbursement, and

      ‘(B) discloses the expenses reimbursed or to be reimbursed and the authorization to the Secretary of the Senate within 30 days after the travel is completed.

    ‘(2) For purposes of clause (1), events, the activities of which are substantially recreational in nature, shall not be considered to be in connection with the duties of a Member, officer, or employee as an officeholder.

    ‘(b) Each advance authorization to accept reimbursement shall be signed by the Member or officer under whose direct supervision the employee works and shall include--

      ‘(1) the name of the employee;

      ‘(2) the name of the person who will make the reimbursement;

      ‘(3) the time, place, and purpose of the travel; and

      ‘(4) a determination that the travel is in connection with the duties of the employee as an officeholder and would not create the appearance that the employee is using public office for private gain.

    ‘(c) Each disclosure made under subparagraph (a)(1) of expenses reimbursed or to be reimbursed shall be signed by the Member or officer (in the case of travel by that Member or officer) or by the Member or officer under whose direct supervision the employee works (in the case of travel by an employee) and shall include--

      ‘(1) a good faith estimate of total transportation expenses reimbursed or to be reimbursed;

      ‘(2) a good faith estimate of total lodging expenses reimbursed or to be reimbursed;

      ‘(3) a good faith estimate of total meal expenses reimbursed or to be reimbursed;

      ‘(4) a good faith estimate of the total of other expenses reimbursed or to be reimbursed;

      ‘(5) a determination that all such expenses are necessary transportation, lodging, and related expenses as defined in this paragraph; and

      ‘(6) in the case of a reimbursement to a Member or officer, a determination that the travel was in connection with the duties of the Member or officer as an officeholder and would not create the appearance that the Member or officer is using public office for private gain.

    ‘(d) for the purposes of this paragraph, the term ‘necessary transportation, lodging, and related expenses’--

      ‘(1) includes reasonable expenses that are necessary for travel for a period not exceeding 3 days exclusive of traveltime within the United States or 7 days exclusive of traveltime outside of the United States unless approved in advance by the Select Committee on Ethics;

      ‘(2) is limited to reasonable expenditures for transportation, lodging, conference fees and materials, land food and refreshments, including reimbursement for necessary transportation, whether or not such transportation occurs within the periods described in clause (1);

      ‘(3) does not include expenditures for recreational activities, or entertainment other than that provided to all attendees as an integral part of the event; and

      ‘(4) may include travel expenses incurred on behalf of either the spouse or a child of the Member, officer, or employee, subject to a determination signed by the Member or officer (or in the case of an employee, the Member or officer under whose direct supervision the employee works) that the attendance of the spouse or child is appropriate to assist in the representation of the Senate.

    ‘(e) The Secretary of the Senate shall make available to the public all advance authorizations and disclosures of reimbursement filed pursuant to subparagraph (a) as soon as possible after they are received.’.

SEC. 202. AMENDMENTS TO HOUSE RULES.

    Clause 4 of rule XLIII of the Rules of the House of Representatives is amended to read as follows:

    ‘4. (a) No Member, officer, or employee of the House of Representatives shall accept a gift, knowing that such gift is provided directly or indirectly by a registered lobbyist, a lobbying firm, or an agent of a foreign principal in violation of the Lobbying Disclosure Act of 1994.

    ‘(b) In addition to the restriction on receiving gifts from registered lobbyists, lobbying firms, and agents of foreign principals provided by paragraph (a) and except as provided in this Rule, no Member, officer, or employee of the House of Representatives shall knowingly accept a gift from any other person.

    ‘(c)(1) For the purpose of this clause, the term ‘gift’ means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. The term includes gifts of services, training, transportation, lodging, and meals, whether provided in kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred.

    ‘(2) A gift to the spouse or dependent of a Member, officer, or employee (or a gift to any other individual based on that individual’s relationship with the Member, officer, or employee) shall be considered a gift to the Member, officer, or employee if it is given with the knowledge and acquiescence of the Member, officer, or employee and the Member, officer, or employee has reason to believe the gift was given because of the official position of the Member, officer, or employee.

    ‘(d) The restrictions in paragraph (b) shall not apply to the following:

      ‘(1) Anything for which the Member, officer, or employee pays the market value, or does not use and promptly returns to the donor.

      ‘(2) A contribution, as defined in the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully made under that Act, or attendance at a fundraising event sponsored by a political organization described in section 527(e) of the Internal Revenue Code of 1986.

      ‘(3) Anything provided by an individual on the basis of a personal or family relationship unless the Member, officer, or employee has reason to believe that, under the circumstance, the gift was provided because of the official position of the Member, officer, or employee and not because of the personal or family relationship. The Committee on Standards of Official Conduct shall provide guidance on the applicability of this clause and examples of circumstances under which a gift may be accepted under this exception.

      ‘(4) A contribution or other payment to a legal expense fund established for the benefit of a Member, officer, or employee that is otherwise lawfully made.

      ‘(5) Any food or refreshments which the recipient reasonably believes to have a value of less than $20.

      ‘(6) Any gift from another Member, officer, or employee of the Senate or the House of Representatives.

      ‘(7) Food, refreshments, lodging, and other benefits--

        ‘(A) resulting from the outside business or employment activities (or other outside activities that are not connected to the duties of the Member, officer, or employee as an officeholder) of the Member, officer, or employee, or the spouse of the Member, officer, or employee, if such benefits have not been offered or enhanced because of the official position of the Member, officer, or employee and are customarily provided to others in similar circumstances;

        ‘(B) customarily provided by a prospective employer in connection with bona fide employment discussions; or

        ‘(C) provided by a political organization described in section 527(e) of the Internal Revenue Code of 1986 in connection with a fundraising or campaign event sponsored by such an organization.

      ‘(8) Pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer.

      ‘(9) Informational materials that are sent to the office of the Member, officer, or employee in the form of books, articles, periodicals, other written materials, audio tapes, videotapes, or other forms of communication.

      ‘(10) Awards or prizes which are given to competitors in contests or events open to the public, including random drawings.

      ‘(11) Honorary degrees (and associated travel, food, refreshments, and entertainment) and other bona fide, nonmonetary awards presented in recognition of public service (and associated food, refreshments, and entertainment provided in the presentation of such degrees and awards).

      ‘(12) Donations of products from the State that the Member represents that are intended primarily for promotional purposes, such as display or free distribution, and are of minimal value to any individual recipient.

      ‘(13) Food, refreshments, and entertainment provided to a Member or an employee of a Member in the Member’s home State, subject to reasonable limitations, to be established by the Committee on Standards of Official Conduct.

      ‘(14) An item of little intrinsic value such as a greeting card, baseball cap, or a T shirt.

      ‘(15) Training (including food and refreshments furnished to all attendees as an integral part of the training) provided to a Member, officer, or employee, if such training is in the interest of the House of Representatives.

      ‘(16) Bequests, inheritances, and other transfers at death.

      ‘(17) Any item, the receipt of which is authorized by the Foreign Gifts and Decorations Act, the Mutual Educational and Cultural Exchange Act, or any other statute.

      ‘(18) Anything which is paid for by the Federal Government, by a State or local government, or secured by the Government under a Government contract.

      ‘(19) A gift of personal hospitality of an individual, as defined in section 109(14) of the Ethics in Government Act.

      ‘(20) Free attendance at a widely attended event permitted pursuant to paragraph (e).

      ‘(21) Opportunities and benefits which are--

        ‘(A) available to the public or to a class consisting of all Federal employees, whether or not restricted on the basis of geographic consideration;

        ‘(B) offered to members of a group or class in which membership is unrelated to congressional employment;

        ‘(C) offered to members of an organization, such as an employees’ association or congressional credit union, in which membership is related to congressional employment and similar opportunities are available to large segments of the public through organizations of similar size;

        ‘(D) offered to any group or class that is not defined in a manner that specifically discriminates among Government employees on the basis of branch of Government or type of responsibility, or on a basis that favors those of higher rank or rate of pay;

        ‘(E) in the form of loans from banks and other financial institutions on terms generally available to the public; or

        ‘(F) in the form of reduced membership or other fees for participation in organization activities offered to all Government employees by professional organizations if the only restrictions on membership relate to professional qualifications.

      ‘(22) A plaque, trophy, or other memento of modest value.

      ‘(23) Anything for which, in exceptional circumstances, a waiver is granted by the Committee on Standards of Official Conduct.

    ‘(e)(1) Except as prohibited by paragraph (a), a Member, officer, or employee may accept an offer of free attendance at a widely attended convention, conference, symposium, forum, panel discussion, dinner, viewing, reception, or similar event, provided by the sponsor of the event, if--

      ‘(A) the Member, officer, or employee participates in the event as a speaker or a panel participant, by presenting information related to Congress or matters before Congress, or by performing a ceremonial function appropriate to the Member’s, officer’s, or employee’s official position; or

      ‘(B) attendance at the event is appropriate to the performance of the official duties or representative function of the Member, officer, or employee.

    ‘(2) A Member, officer, or employee who attends an event described in subparagraph (1) may accept a sponsor’s unsolicited offer of free attendance at the event for an accompanying individual if others in attendance will generally be similarly accompanied or if such attendance is appropriate to assist in the representation of the House of Representatives.

    ‘(3) Except as prohibited by paragraph (a), a Member, officer, or employee, or the spouse or dependent thereof, may accept a sponsor’s unsolicited offer of free attendance at a charity event, except that reimbursement for transportation and lodging may not be accepted in connection with the event.

    ‘(4) For purposes of this paragraph, the term ‘free attendance’ may include waiver of all or part of a conference or other fee, the provision of local transportation, or the provision of food, refreshments, entertainment, and instructional materials furnished to all attendees as an integral part of the event. The term does not include entertainment collateral to the event, or food or refreshments taken other than in a group setting with all or substantially all other attendees.

    ‘(f) No Member, officer, or employee may accept a gift the value of which exceeds $250 on the basis of the personal relationship exception in paragraph (d)(3) or the close personal friendship exception in section 106(d) of the Lobbying Disclosure Act of 1994 unless the Committee on Standards of Official Conduct issues a written determination that one of such exceptions applies.

    ‘(g)(1) The Committee on Standards of Official Conduct is authorized to adjust the dollar amount referred to in paragraph (c)(5) on a periodic basis, to the extent necessary to adjust for inflation.

    ‘(2) The Committee on Standards of Official Conduct shall provide guidance setting forth reasonable steps that may be taken by Members, officers, and employees, with a minimum of paperwork and time, to prevent the acceptance of prohibited gifts from lobbyists.

    ‘(3) When it is not practicable to return a tangible item because it is perishable, the item may, at the discretion of the recipient, be given to an appropriate charity or destroyed.

    ‘(h)(1)(A) Except as prohibited by paragraph (a), a reimbursement (including payment in kind) to a Member, officer, or employee for necessary transportation, lodging and related expenses for travel to a meeting, speaking engagement, factfinding trip or similar event in connection with the duties of the Member, officer, or employee as an officeholder shall be deemed to be a reimbursement to the House of Representatives and not a gift prohibited by this paragraph, if the Member, officer, or employee--

      ‘(i) in the case of an employee, receives advance authorization, from the Member or officer under whose direct supervision the employee works, to accept reimbursement, and

      ‘(ii) discloses the expenses reimbursed or to be reimbursed and the authorization to the Clerk of the House of Representatives within 30 days after the travel is completed.

    ‘(B) For purposes of clause (A), events, the activities of which are substantially recreational in nature, shall not be considered to be in connection with the duties of a Member, officer, or employee as an officeholder.

    ‘(2) Each advance authorization to accept reimbursement shall be signed by the Member or officer under whose direct supervision the employee works and shall include--

      ‘(A) the name of the employee;

      ‘(B) the name of the person who will make the reimbursement;

      ‘(C) the time, place, and purpose of the travel; and

      ‘(D) a determination that the travel is in connection with the duties of the employee as an officeholder and would not create the appearance that the employee is using public office for private gain.

    ‘(3) Each disclosure made under subparagraph (1)(A) of expenses reimbursed or to be reimbursed shall be signed by the Member or officer (in the case of travel by that Member or officer) or by the Member or officer under whose direct supervision the employee works (in the case of travel by an employee) and shall include--

      ‘(A) a good faith estimate of total transportation expenses reimbursed or to be reimbursed;

      ‘(B) a good faith estimate of total lodging expenses reimbursed or to be reimbursed;

      ‘(C) a good faith estimate of total meal expenses reimbursed or to be reimbursed;

      ‘(D) a good faith estimate of the total of other expenses reimbursed or to be reimbursed;

      ‘(E) a determination that all such expenses are necessary transportation, lodging, and related expenses as defined in this paragraph; and

      ‘(F) in the case of a reimbursement to a Member or officer, a determination that the travel was in connection with the duties of the Member or officer as an officeholder and would not create the appearance that the Member or officer is using public office for private gain.

    ‘(4) For the purposes of this paragraph, the term ‘necessary transportation, lodging, and related expenses’--

      ‘(A) includes reasonable expenses that are necessary for travel--

        ‘(i) for a period not exceeding 4 days including travel time within the United States or 7 days in addition to travel time outside the United States; and

        ‘(ii) within 24 hours before or after participation in an event in the United States or within 48 hours before or after participation in an event outside the United States,

      unless approved in advance by the Committee on Standards of Official Conduct;

      ‘(B) is limited to reasonable expenditures for transportation, lodging, conference fees and materials, and food and refreshments, including reimbursement for necessary transportation, whether or not such transportation occurs within the periods described in clause (A);

      ‘(C) does not include expenditures for recreational activities or entertainment other than that provided to all attendees as an integral part of the event; and

      ‘(D) may include travel expenses incurred on behalf of either the spouse or a child of the Member, officer, or employee, subject to a determination signed by the Member or officer (or in the case of an employee, the Member or officer under whose direct supervision the officer or employee works) that the attendance the spouse or child is appropriate to assist in the representation of the House of Representatives.

    ‘(5) The Clerk of the House of Representatives shall make available to the public all advance authorizations and disclosures of reimbursement filed pursuant to subparagraph (1) as soon as possible after they are received.’.

SEC. 203. MISCELLANEOUS PROVISIONS.

    (a) AMENDMENTS TO THE ETHICS IN GOVERNMENT ACT- Section 102(a)(2)(B) of the Ethics in Government Act (5 U.S.C. 102, App. 6) is amended by adding at the end thereof the following: ‘Reimbursements accepted by a Federal agency pursuant to section 1353 of title 31, United States Code, or deemed accepted by the Senate or the House of Representatives pursuant to rule XXXV of the Standing Rules of the Senate or clause 4 of rule XLIII of the Rules of the House of Representatives shall be reported as required by such statute or rule and need not be reported under this section.’.

    (b) REPEAL OF OBSOLETE PROVISION- Section 901 of the Ethics Reform Act of 1989 (2 U.S.C. 31-2) is repealed.

    (c) SENATE PROVISIONS-

      (1) AUTHORITY OF THE COMMITTEE ON RULES AND ADMINISTRATION- The Senate Committee on Rules and Administration, on behalf of the Senate, may accept gifts provided they do not involve any duty, burden, or condition, or are not made dependent upon some future performance by the United States. The Committee on Rules and Administration is authorized to promulgate regulations to carry out this section.

      (2) FOOD, REFRESHMENTS, AND ENTERTAINMENT- The rules on acceptance of food, refreshments, and entertainment provided to a Member of the Senate or an employee of such a Member in the Member’s home State before the adoption of reasonable limitations by the Committee on Rules and Administration shall be the rules in effect on the day before the effective date of this title.

    (d) HOUSE PROVISION- The rules on acceptance of food, refreshments, and entertainment provided to a Member of the House of Representatives or an employee of such a Member in the Member’s home State before the adoption of reasonable limitations by the Committee on Standards of Official Conduct shall be the rules in effect on the day before the effective date of this title.

SEC. 204. EXERCISE OF CONGRESSIONAL RULEMAKING POWERS.

    Sections 201, 202, 203(c), and 203(d) of this title are enacted by Congress--

      (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and pursuant to section 7353(b)(1) of title 5, United States Code, and accordingly, they shall be considered as part of the rules of each House, respectively, or of the House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

      (2) with full recognition of the constitutional right of either House to change such rules (insofar as they relate to that House) at any time and in the same manner and to the same extent as in the case of any other rule of that House.

SEC. 205. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect on January 1, 1995.