< Back to H.R. 2261 (104th Congress, 1995–1996)

Text of the Lobbying Disclosure Act of 1995

This bill was introduced on September 6, 1995, in a previous session of Congress, but was not enacted. The text of the bill below is as of Sep 6, 1995 (Introduced).

Download PDF

Source: GPO

HR 2261 IH

104th CONGRESS

1st Session

H. R. 2261

To provide for the regulation of lobbyists and gift reform.

IN THE HOUSE OF REPRESENTATIVES

September 6, 1995

Mr. BRYANT of Texas (for himself and Mr. OBEY) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Standards of Official Conduct, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To provide for the regulation of lobbyists and gift reform.

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

TITLE I--LOBBYING DISCLOSURE

SEC. 101. SHORT TITLE.

    This title may be cited as the ‘Lobbying Disclosure Act of 1995’.

SEC. 102. FINDINGS.

    The Congress finds that--

      (1) responsible representative Government requires public awareness of the efforts of paid lobbyists to influence the public decisionmaking process in both the legislative and executive branches of the Federal Government;

      (2) existing lobbying disclosure statutes have been ineffective because of unclear statutory 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 the coalition or association and not its individual members.

      (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 member of the uniformed services whose pay grade is at or above O-7 under section 201 of title 37, United States Code; and

        (F) 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. 109(13)).

      (5) EMPLOYEE- The term ‘employee’ means any individual who is an officer, employee, partner, director, or proprietor of a person or entity, but does not include--

        (A) independent contractors; or

        (B) volunteers who receive no financial or other compensation from the person or entity for their services.

      (6) FOREIGN ENTITY- The term ‘foreign 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)).

      (7) LOBBYING ACTIVITIES- 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.

      (8) 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); 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 distributed and made available to the public, or through radio, television, cable television, or other medium of mass communication;

          (iv) made on behalf of a government of a foreign country or a foreign political party and disclosed under the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.);

          (v) a request for a meeting, a request for the status of an action, or any other similar administrative request, if the 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 an oral or 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); 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 or a similar organization that is designated by or registered with the Commodities Future Trading Commission as provided under the Commodity Exchange Act; and

            (II) the Securities and Exchange Commission or the Commodities Future Trading Commission, respectively;

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

      (9) 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.

      (10) LOBBYIST- The term ‘lobbyist’ means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact, other than an individual whose lobbying activities constitute less than 20 percent of the time engaged in the services provided by such individual to that client over a six month period.

      (11) 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.

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

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

      (14) 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.

      (15) 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.

      (16) 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 45 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 Secretary of the Senate and the Clerk of the House of Representatives.

      (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 $5,000; 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 $20,000,

        (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 Act; and

          (ii) on January 1 of each fourth year occurring after January 1, 1997, to reflect changes in the Consumer Price Index (as determined by the Secretary of Labor) during the preceding 4-year period,

        rounded to the nearest $500.

    (b) CONTENTS OF REGISTRATION- Each registration under this section 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 $10,000 toward the lobbying activities of the registrant in a semiannual period described in section 105(a); and

        (B) in whole or in major part plans, supervises, or controls such lobbying activities.

      (4) the name, address, principal place of business, amount of any contribution of more than $10,000 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) 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

      (6) 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 Secretary of the Senate and the Clerk of the House of Representatives and terminate its registration.

SEC. 105. REPORTS BY REGISTERED LOBBYISTS.

    (a) SEMIANNUAL REPORT- No later than 45 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 Secretary of the Senate and the Clerk of the House of Representatives on its lobbying activities during such semiannual period. A separate report shall be filed for each client of the registrant.

    (b) CONTENTS OF REPORT- Each semiannual report filed under subsection (a) 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 executive branch actions;

        (B) a statement of the Houses 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; and

        (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).

      (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; and

      (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.

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

      (1) Estimates of amounts in excess of $10,000 shall be rounded to the nearest $20,000.

      (2) In the event income or expenses do not exceed $10,000, the registrant shall include a statement that income or expenses totaled less than $10,000 for the reporting period.

      (3) A registrant that reports lobbying expenditures pursuant to section 6033(b)(8) of the Internal Revenue Code of 1986 may satisfy the requirement to report income or expenses by filing with the Secretary of the Senate and the Clerk of the House of Representatives a copy of the form filed in accordance with section 6033(b)(8).

SEC. 106. DISCLOSURE AND ENFORCEMENT.

    The Secretary of the Senate and the Clerk of the House of Representatives shall--

      (1) provide guidance and assistance on the registration and reporting requirements of this title and develop common standards, rules, and procedures for compliance with this title;

      (2) review, and, where necessary, verify and inquire to ensure the accuracy, completeness, and timeliness of registration and reports;

      (3) develop filing, coding, and cross-indexing systems to carry out the purpose of this title, including--

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

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

      (4) make available for public inspection and copying at reasonable times the registrations and reports filed under this title;

      (5) retain registrations for a period of at least 6 years after they are terminated and reports for a period of at least 6 years after they are filed;

      (6) compile and summarize, with respect to each semiannual period, the information contained in registrations and reports filed with respect to such period in a clear and complete manner;

      (7) notify any lobbyist or lobbying firm in writing that may be in noncompliance with this title; and

      (8) notify the United States Attorney for the District of Columbia that a lobbyist or lobbying firm may be in noncompliance with this title, if the registrant has been notified in writing and has failed to provide an appropriate response within 60 days after notice was given under paragraph (6).

SEC. 107. PENALTIES.

    Whoever knowingly fails to--

      (1) remedy a defective filing within 60 days after notice of such a defect by the Secretary of the Senate or the Clerk of the House of Representatives; or

      (2) comply with any other provision of this title; shall, upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil fine of not more than $50,000, depending on the extent and gravity of the violation.

SEC. 108. 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 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 Secretary of the Senate or the Clerk of the House of Representatives.

SEC. 109. 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 1995 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. 110. 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 1995 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 1995 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) by redesignating subsections (e), (f), (g), and (h) as subsections (d), (e), (f), and (g), respectively.

SEC. 111. 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. 112. 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 3 of the Lobbying Disclosure Act of 1995)’ 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 1995 in connection with the representation of a foreign entity, as defined in section 3(7) of that Act’ after ‘an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938’; and

      (2) by striking out ‘, as amended,’.

    (c) AMENDMENT TO FOREIGN SERVICE ACT OF 1980- Section 602(c) of the Foreign Service Act of 1980 (22 U.S.C. 4002(c)) is amended by inserting ‘or a lobbyist for a foreign entity (as defined in section 3(7) of the Lobbying Disclosure Act of 1995)’ after ‘an agent of a foreign principal (as defined by section 1(b) of the Foreign Agents Registration Act of 1938)’.

SEC. 113. 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 Act 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 Act 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 Act, and state whether the person making the lobbying contact is registered on behalf of that client under section 4; 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. 114. ESTIMATES BASED ON TAX REPORTING SYSTEM.

    (a) ENTITIES COVERED BY SECTION 6033(b) OF THE INTERNAL REVENUE CODE OF 1986- A registrant that is required to report and does report lobbying expenditures pursuant to section 6033(b)(8) of the Internal Revenue Code of 1986 may--

      (1) make a good faith estimate (by category of dollar value) of applicable amounts that would be required to be disclosed under such section for the appropriate semiannual period to meet the requirements of sections 104(a)(3), 105(a)(2), and 105(b)(4); and

      (2) in lieu of using the definition of ‘lobbying activities’ in section 3(8) of this Act, consider as lobbying activities only those activities that are influencing legislation as defined in section 4911(d) of the Internal Revenue Code of 1986.

    (b) ENTITIES COVERED BY SECTION 162(e) OF THE INTERNAL REVENUE CODE OF 1986- A registrant that is subject to section 162(e) of the Internal Revenue Code of 1986 may--

      (1) make a good faith estimate (by category of dollar value) of applicable amounts that would not

be deductible pursuant to such section for the appropriate semiannual period to meet the requirements of sections 104(a)(3), 105(a)(2), and 105(b)(4); and

      (2) in lieu of using the definition of ‘lobbying activities’ in section 103(7) of this Act, consider as lobbying activities only those activities, the costs of which are not deductible pursuant to section 162(e) of the Internal Revenue Code of 1986.

    (c) DISCLOSURE OF ESTIMATE- Any registrant that elects to make estimates required by this Act under the procedures authorized by subsection (a) or (b) for reporting or threshold purposes shall--

      (1) inform the Secretary of the Senate and the Clerk of the House of Representatives that the registrant has elected to make its estimates under such procedures; and

      (2) make all such estimates, in a given calendar year, under such procedures.

    (d) STUDY- Not later than March 31, 1997, the Comptroller General of the United States shall review reporting by registrants under subsections (a) and (b) and report to the Congress--

      (1) the differences between the definition of ‘lobbying activities’ in section 103(7) 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;

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

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

SEC. 115. 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. 116. EFFECTIVE DATES.

    (a) Except as otherwise provided in this section, this title and the amendments made by this title shall take effect, and shall be effective with respect to calendar years beginning on, January 1, 1996.

    (b) The repeals and amendments made under sections 109, 110, and 111 shall take effect as provided under subsection (a), except that such repeals and amendments--

      (1) shall not affect any proceeding or suit commenced before the effective date under subsection (a), and in all such proceedings or suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted; and

      (2) shall not affect the requirements of Federal agencies to compile, publish, and retain information filed or received before the effective date of such repeals and amendments.

TITLE II--CONGRESSIONAL GIFT RULES

SEC. 201. AMENDMENT TO HOUSE RULES.

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

    ‘4. (a)(1) No Member, officer, or employee of the House of Representatives shall knowingly accept a gift except as provided in this rule.

    ‘(2) A Member, officer, or employee may accept a gift (other than cash or cash equivalent) which the Member, officer, or employee reasonably and in good faith believes to have a value of less than $50, and a cumulative value from one source during a calendar year of less than $100. No gift with a value below $10 shall count toward the $100 annual limit. No formal recordkeeping is required by this paragraph, but a Member, officer, or employee shall make a good faith effort to comply with this paragraph.

    ‘(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) A gift to a family member 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.

    ‘(B) If food or refreshment is provided at the same time and place to both a Member, officer, or employee and the spouse or dependent thereof, only the food or refreshment provided to the Member, officer, or employee shall be treated as a gift for purposes of this rule.

    ‘(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) A gift from a relative as described in section 107(2) of the Ethics in Government Act of 1978 (5 U.S.C. App. 107(2)).

      ‘(4)(A) Anything provided by an individual on the basis of a personal friendship 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 friendship.

      ‘(B) In determining whether a gift is provided on the basis of personal friendship, the Member, officer, or employee shall consider the circumstances under which the gift was offered, such as:

        ‘(i) The history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between such individuals.

        ‘(ii) Whether to the actual knowledge of the Member, officer, or employee the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift.

        ‘(iii) Whether to the actual knowledge of the Member, officer, or employee the individual who gave the gift also at the same time gave the same or similar gifts to other Members, officers, or employees.

      ‘(5) Except as provided in paragraph 3(c), 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, if the person making the contribution or payment is identified for the Committee of Standards of Official Conduct and complies with other disclosure requirements established by such Committee.

      ‘(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, audiotapes, 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) 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.

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

      ‘(15) 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.

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

      ‘(17) A gift of personal hospitality (as defined in section 109(14) of the Ethics in Government Act of 1978) of an individual other than a registered lobbyist or agent of a foreign principal.

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

      ‘(19) 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.

      ‘(20) A plaque, trophy, or other item that is substantially commemorative in nature and which is intended solely for presentation.

      ‘(21) Anything for which, in an unusual case, a waiver is granted by the Committee on Standards of Official Conduct.

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

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

    ‘(d)(1) 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 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 House of Representatives.

    ‘(3) 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 an event that does not meet the standards provided in paragraph 2.

    ‘(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, nor does it include 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 friendship exception in subparagraph (c)(4) unless the Committee on Standards of Official Conduct issues a written determination that such exception applies. No determination under this subparagraph is required for gifts given on the basis of the family relationship exception.

    ‘(f) 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.

    ‘(g)(1) A reimbursement (including payment in kind) to a Member, officer, or employee from an individual other than a registered lobbyist or agent of a foreign principal 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 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 Clerk of the House of Representatives 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.

    ‘(h) 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.

    ‘(i) Each disclosure made under subparagraph (g)(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.

    ‘(j) 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 travel time within the United States or 7 days exclusive of travel time outside of the United States unless approved in advance by the Committee on Standards of Official Conduct;

      ‘(2) 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 (1);

      ‘(3) does not include expenditures for recreational activities, nor does it include entertainment other than that provided to all attendees as an integral part of the event, except for activities or entertainment otherwise permissible under this rule; 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 House of Representatives.

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

    ‘(l) A gift prohibited by subparagraph (a) includes the following:

      ‘(1) Anything provided by a registered lobbyist or an agent of a foreign principal to an entity that

is maintained or controlled by a Member, officer, or employee.

      ‘(2) A charitable contribution (as defined in section 170(c) of the Internal Revenue Code of 1986) made by a registered lobbyist or an agent of a foreign principal on the basis of a designation, recommendation, or other specification of a Member, officer, or employee (not including a mass mailing or other solicitation directed to a broad category of persons or entities), other than a charitable contribution permitted by paragraph (4).

      ‘(3) A contribution or other payment by a registered lobbyist or an agent of a foreign principal to a legal expense fund established for the benefit of a Member, officer, or employee.

      ‘(4) A financial contribution or expenditure made by a registered lobbyist or an agent of a foreign principal relating to a conference, retreat, or similar event, sponsored by or affiliated with an official congressional organization, for or on behalf of Members, officers, or employees.

    ‘(m) A charitable contribution (as defined in section 170(c) of the Internal Revenue Code of 1986) made by a registered lobbyist or an agent of a foreign principal in lieu of an honorarium to a Member, officer, or employee shall not be considered a gift under this rule if it is reported as provided in subparagraph (n).

    ‘(n) A Member, officer, or employee who designates or recommends a contribution to a charitable organization in lieu of honoraria described in subparagraph (m) shall report within 30 days after such designation or recommendation to the Clerk of the House of Representatives--

      ‘(1) the name and address of the registered lobbyist who is making the contribution in lieu of honoraria;

      ‘(2) the date and amount of the contribution; and

      ‘(3) the name and address of the charitable organization designated or recommended by the Member.

    The Clerk of the House of Representatives shall make public information received pursuant to this subparagraph as soon as possible after it is received.

    ‘(o) For purposes of this rule--

      ‘(1) the term ‘registered lobbyist’ means a lobbyist registered under the Federal Regulation of Lobbying Act or any successor statute; and

      ‘(2) the term ‘agent of a foreign principal’ means an agent of a foreign principal registered under the Foreign Agents Registration Act.

    ‘(p) All the provisions of this rule shall be interpreted and enforced solely by the Committee on Standards of Official Conduct. The Committee on Standards of Official Conduct is authorized to issue guidance on any matter contained in this rule.’.

SEC. 202. EFFECTIVE DATE.

    The amendments made by this title shall take effect, and shall be effective with respect to calendar years beginning on, January 1, 1996.