[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2834 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2834

   To provide for the disclosure by lobbyists of financial benefits 
          provided Members of Congress and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 1993

  Mr. Fingerhut (for himself, Ms. Shepherd, Ms. Schenk, Ms. Cantwell, 
  Mrs. Maloney, Mr. Barrett of Wisconsin, Mr. Klein, Mr. Becerra Mr. 
  Sanders, and Mrs. Clayton) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide for the disclosure by lobbyists of financial benefits 
          provided Members of Congress and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sunshine for Lobbyists Act of 
1993''.

SEC. 2. INFORMATION ON FINANCIAL BENEFITS.

    (a) In General.--Each lobbyist shall make a semiannual report to 
the Attorney General of a list of each individual financial benefit 
provided directly or indirectly by the lobbyist (including a financial 
benefit provided by a lobbyist employed by or a lobbyist who is a 
member of a lobbyist) to a covered legislative branch official, to an 
entity that is established, maintained, controlled, or financed by a 
covered legislative branch official, or to any other person or entity 
on behalf of or in the name of a covered legislative branch official, 
disclosing--
            (1) with respect to each financial benefit other than one 
        described in paragraph (2), (3), (4), or (5)--
                    (A) the name and position of the covered 
                legislative branch official or other person or entity 
                to whom or which the financial benefit was provided;
                    (B) the nature of the financial benefit;
                    (C) the date on which the financial benefit was 
                provided; and
                    (D) the value of the financial benefit;
            (2) with respect to each financial benefit that is in the 
        form of a widely attended reception in the District of Columbia 
        area to which covered legislative branch officials were 
        invited--
                    (A) the nature of the reception;
                    (B) the date on which the reception occurred; and
                    (C) a single aggregate figure for the expenses 
                incurred by the registrant in connection with the 
                reception;
            (3) with respect to each financial benefit that is in the 
        form of a conference, retreat, or similar event for or on 
        behalf of covered legislative branch officials that is 
        sponsored by or affiliated with an official congressional 
        organization--
                    (A) the nature of the conference, retreat, or other 
                event;
                    (B) the date or dates on which the conference, 
                retreat, or other event occurred;
                    (C) the identity of the organization that sponsored 
                or is affiliated with the event; and
                    (D) a single aggregate figure for the expenses 
                incurred by the lobbyist in connection with the 
                conference, retreat, or similar event;
            (4) with respect to each financial benefit that is in the 
        form of an event that is hosted or cohosted with or in honor of 
        1 or more covered legislative branch officials--
                    (A) the name and position of each such covered 
                legislative branch official;
                    (B) the nature of the event;
                    (C) the date on which the event occurred; and
                    (D) the expenses incurred by the lobbyist in 
                connection with the event; and
            (5) with respect to each financial benefit that is in the 
        form of election campaign fundraising activity--
                    (A) the name and position of the covered 
                legislative branch official on behalf of whom the 
                fundraising activity was performed;
                    (B) the nature of the fundraising activity;
                    (C) the date or dates on which the fundraising 
                activity was performed;
                    (D) the expenses incurred by the lobbyist in 
                connection with the fundraising activity; and
                    (E) the number of contributions and the aggregate 
                amount of contributions known by the lobbyist to have 
                been made to the covered legislative branch official as 
                a result of the fundraising activity.
For purposes of paragraph (2), the term ``widely attended reception'' 
includes a reception open to members from throughout a given industry 
or profession or open to individuals representing a range of persons 
interested in a given matter.
    (b) Notification.--Two weeks before filing a semi-annual report 
under subsection (a), the lobbyist filing the report shall provide in 
writing to any covered legislative branch official who will be listed 
in the report with a complete list of the financial benefits provided, 
directly or indirectly, to such official.
    (c) Exemption.--A list described in subsection (a) need not 
disclose financial benefits having a value of $20 or less to the extent 
that the aggregate value of such financial benefits that are provided 
to or on behalf of a covered legislative branch official or other 
person or entity during the calendar year in which the semiannual 
period covered by the report occurs has not exceeded $50.

SEC. 3. DEFINITIONS.

            (1) The term ``lobbyist'' means any individual who is 
        employed or retained by another for financial or other 
        compensation to perform services that include lobbying 
        contacts, other than an individual whose lobbying activities 
        are only incidental to, and are not a significant part of, the 
        services provided by such individual to the client.
            (2) The term ``client'' means any person who employs or 
        retains another person for financial or other compensation to 
        conduct lobbying activities on its own behalf. An organization 
        whose employees act as lobbyists on its behalf is both a client 
        and an employer of its employee lobbyists. In the case of a 
        coalition or association that employs or retains persons to 
        conduct lobbying activities on behalf of its membership, the 
        client is the coalition or association and not its individual 
        members.
            (3) 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 for use in contacts, and 
        coordination with the lobbying activities of others. Lobbying 
        activities include grass roots lobbying communications and 
        communications with members, as defined under section 4911 
        (d)(1)(A) and (d)(3) of the Internal Revenue Code of 1986 and 
        the regulations implementing such provisions, to the extent 
        that such activities are made in direct support of lobbying 
        contacts.
            (4)(A) The term ``lobbying contact'' means any oral or 
        written communication with a covered legislative branch 
        official 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; or
                    (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 it does not include 
                communications that are made to executive branch 
                officials in the agency responsible for taking such 
                action who serve in the Senior Executive Service, or 
                who are members of the uniformed services whose pay 
                grade is lower than O-9 under section 201 of title 37, 
                United States Code.
            (B) The term shall not include communications that are--
                    (i) made by public officials acting in their 
                official capacity;
                    (ii) made by representatives of a media 
                organization who are primarily engaged in 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 the media;
                    (iv) made on behalf of a foreign principal and 
                disclosed under the Foreign Agents Registration Act of 
                1938, as amended (22 U.S.C. 611 et seq.);
                    (v) requests for appointments, requests for the 
                status of a Federal action, or other similar 
                ministerial contacts, if there is no attempt to 
                influence covered legislative branch officials;
                    (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 office of Congress, or submitted for 
                inclusion in the public record of a hearing conducted 
                by such committee, subcommittee, or office;
                    (viii) information provided in writing in response 
                to a specific written request from a covered 
                legislative branch official;
                    (ix) required by subpoena, civil investigative 
                demand, or otherwise compelled by statute, regulation, 
                or other action of Congress or a Federal 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 agency officials with regard to 
                judicial proceedings, criminal or civil law enforcement 
                inquiries, investigations or proceedings, or filings 
                required by statute or regulation;
                    (xiii) made in compliance with written agency 
                procedures regarding an adjudication conducted by the 
                agency under section 554 of title 5, United States 
                Code, or substantially similar provisions;
                    (xiv) written comments filed in a public docket and 
                other communications that are made on the record in a 
                public proceeding;
                    (xv) a formal petition for agency action, made in 
                writing pursuant to established agency procedures; and
                    (xvi) made on behalf of an individual with regard 
                to such individual's benefits, employment, other 
                personal matters involving only that individual, or 
                disclosures by that individual pursuant to applicable 
                whistleblower statutes.
            (5) The term ``covered legislative branch official'' 
        means--
                    (A) a Member of Congress;
                    (B) an elected officer of Congress;
                    (C) any employee of a Member of the House of 
                Representatives, of a committee of the House of 
                Representatives, or on the leadership staff of the 
                House of Representatives;
                    (D) any employee of a Senator, of a Senate 
                Committee, or on the leadership staff of the Senate; 
                and
                    (E) any employee of a joint committee of the 
                Congress.
            (6) The term ``financial benefit''--
                    (A) means anything of value given to, on behalf of, 
                or for the benefit of a covered legislative branch 
                official, including--
                            (i) a gift;
                            (ii) payment for local or long-distance 
                        transportation, entertainment, food, or 
                        lodging, whether provided in kind, by purchase 
                        of a ticket, by payment in advance or by 
                        reimbursement, or otherwise;
                            (iii) a contribution or other payment made 
                        to a third party in lieu of an honorarium on 
                        the basis of a designation, recommendation, or 
                        other specification made by the covered 
                        legislative branch official;
                            (iv) reimbursement of an expense;
                            (v) a loan; and
                            (vi) an expenditure made for a conference, 
                        retreat, or other event benefiting a covered 
                        person, but
                    (B) does not include--
                            (i) a contribution, as defined in the 
                        Federal Election Campaign Act of 1971 (2 U.S.C. 
                        431 et seq.), that is required to be reported 
                        under that Act, unless the contribution is in 
                        the form of participation in a fundraising 
                        activity on behalf of a covered legislative 
                        branch official, including the solicitation of 
                        contributions, hosting or cohosting of a 
                        fundraising event, or service on a campaign 
                        steering committee or its equivalent;
                            (ii) a modest item of food or refreshments, 
                        such as a soft drink, coffee, or doughnut, 
                        offered other than as part of a meal;
                            (iii) a greeting card or other item of 
                        little intrinsic value, such as a plaque, 
                        certificate, or trophy, that is intended solely 
                        for presentation;
                            (iv) financial benefits given under 
                        circumstances which make it clear that the 
                        benefits are motivated by a family relationship 
                        rather than the position of the recipient; or
                            (v) financial benefits which are not used 
                        and which are promptly returned to the donor.

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