[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1935 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1935

 To prohibit lobbyists and their clients from providing to legislative 
 branch officials certain gifts, meals, entertainment, reimbursements, 
or loans and to place limits on and require disclosure by lobbyists of 
                         certain expenditures.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             March 16 (legislative day, February 22), 1994

     Mr. Lautenberg (for himself, Mr. Wellstone, and Mr. Feingold) 
introduced the following bill; which was read twice and referred to the 
                   Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To prohibit lobbyists and their clients from providing to legislative 
 branch officials certain gifts, meals, entertainment, reimbursements, 
or loans and to place limits on and require disclosure by lobbyists of 
                         certain expenditures.

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

SECTION 1. PROHIBITION ON CERTAIN GIFTS, MEALS, ENTERTAINMENT, 
              REIMBURSEMENTS, AND LOANS; NEW LIMITATIONS ON AND PUBLIC 
              DISCLOSURE OF CERTAIN EXPENDITURES.

    (a) Definitions.--In this section--
            (1) Client.--The term ``client'' means an individual or 
        other person or entity (including a State or local government 
        and including a foreign principal (as defined in section 1(b) 
        of the Foreign Agents Registration Act of 1938 (22 U.S.C. 
        611(b)) that employs or retains another person for financial or 
        other compensation to conduct lobbying activities on the 
        person's or entity's behalf. An organization, any employees of 
        which act as lobbyists on the organization's 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 on behalf of its membership, the 
        client is the coalition or association and not its individual 
        members.
            (2) Covered executive branch official.--The term ``covered 
        executive branch official'' means--
                    (A) the President or the President-elect;
                    (B) the Vice President or the Vice President-elect;
                    (C) an officer or employee (other than a clerical 
                or secretarial employee) of the Executive Office of the 
                President or any individual functioning in the capacity 
                of such an officer or employee on an unpaid basis;
                    (D) an 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) an officer or employee serving in a Senior 
                Executive Service position, as defined in section 
                3132(a)(2) of title 5, United States Code;
                    (F) a 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) an 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.
            (3) Covered legislative branch official.--
                    (A) In general.--The term ``covered legislative 
                branch official'' means--
                            (i) a Member of Congress or a Member-elect 
                        of Congress;
                            (ii) an elected officer of either House of 
                        Congress;
                            (iii) any employee of a Member of Congress 
                        or of a committee of either House of Congress;
                            (iv) any employee on the leadership staff 
                        of the House of Representatives and any 
                        employee on the leadership staff of the Senate;
                            (v) any employee of a joint committee of 
                        the Congress; and
                            (vi) any employee of a working group or 
                        caucus organized to provide legislative 
                        services or other assistance to Members of 
                        Congress.
                    (B) Definitions of terms used in subparagraph 
                (A).--In subparagraph (A)--
                            (i) the terms ``employee on the leadership 
                        staff of the House of Representatives'' and 
                        ``employee on the leadership staff of the 
                        Senate'' have the meanings stated in section 
                        207(e)(4) of title 18, United States Code;
                            (ii) the term ``employee'' includes an 
                        individual functioning in the capacity of an 
                        employee described in subparagraph (A) on an 
                        unpaid basis but does not include a clerical or 
                        secretarial employee; and
                            (iii) the term ``Member of Congress'' means 
                        a Senator or a Representative in, or Delegate 
                        or Resident Commissioner to, the Congress.
            (4) Covered person or entity.--The term ``covered person or 
        entity'' means a covered legislative branch official, an entity 
        that is maintained or controlled by a covered legislative 
        branch official, and any other person or entity to whom or to 
        which an item described in subsection (b) is provided on behalf 
        of a covered legislative branch official.
            (5) Employee.--Except as provided in paragraph (3)(B)(ii), 
        the term ``employee'' means an individual who is an officer, 
        employee, partner, director, or proprietor of an organization, 
        but does not include--
                    (A) independent contractors; or
                    (B) volunteers who receive no financial or other 
                compensation from the organization for their services.
            (6) Grass roots lobbying communication.--The term ``grass 
        roots lobbying communication'' means--
                    (A) a communication that attempts to influence any 
                legislation through an attempt to affect the opinions 
                of the general public or any segment thereof as 
                described in paragraph (1)(A) of section 4911(d) of the 
                Internal Revenue Code of 1986;
                    (B) a communication between an organization and any 
                bona fide member of the organization to directly 
                encourage the member to make a communication as 
                provided in paragraph (1)(B) of section 4911(d) of the 
                Internal Revenue Code of 1986; and
                    (C) a communication between an organization and any 
                bona fide member of the organization to directly 
                encourage the member to urge persons other than members 
                to communicate as provided in subparagraph (A) of this 
                paragraph or paragraph (1)(B) of section 4911(d) of the 
                Internal Revenue Code of 1986.
            (7) Lobbying activities.--
                    (A) In general.--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 of its preparation, for use in 
                contacts, and coordination with the lobbying activities 
                of others, and, except as provided in subparagraph (B), 
                includes--
                            (i) a grass roots lobbying communication; 
                        and
                            (ii) a communication described in paragraph 
                        (8)(B) (iii), (v), (vii), or (viii),
                to the extent that such activities or communications 
                are made in direct support of a lobbying contact.
                    (B) Exclusion of religious organizations.--The term 
                ``lobbying activities'' does not include grass roots 
                lobbying communications by churches, their integrated 
                auxiliaries, and conventions or associations of 
                churches that are exempt from filing Federal income tax 
                returns under paragraph (2)(A)(i) of section 6033(a) of 
                the Internal Revenue Code of 1986, unless such 
                communications are made by a person or organization 
                that is required by law to be identified in a lobbyist 
                registration form.
            (8) Lobbying contact.--
                    (A) In general.--The term ``lobbying contact'' 
                means an oral or written communication (including an 
                electronic communication) to a covered executive branch 
                official or a covered legislative branch official that 
                is made on behalf of a client with regard to--
                            (i) the formulation, modification, or 
                        adoption of Federal legislation (including 
                        legislative proposals);
                            (ii) the formulation, modification, or 
                        adoption of a Federal regulation, Executive 
                        order, or any other program, policy, or 
                        position of the United States Government;
                            (iii) the administration or execution of a 
                        Federal program or policy (including the 
                        negotiation, award, or administration of a 
                        Federal contract, grant, loan, permit, or 
                        license), but not including a communication 
                        that is made to a covered executive branch 
                        official--
                                    (I) who is serving in a Senior 
                                Executive Service position; 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 an 
                        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 through radio, 
                        television, cable television, or any 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 a Federal action, or other 
                        similar contact, if there is no 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 (5 U.S.C. App.);
                            (vii) testimony given before a committee, 
                        subcommittee, or task force of the Congress, or 
                        submitted for inclusion in the public record of 
                        a hearing conducted by such committee, 
                        subcommittee, or task force;
                            (viii) information provided in writing in 
                        response to a written request for specific 
                        information from a covered executive branch 
                        official or a covered legislative branch 
                        official;
                            (ix) required by subpoena, civil 
                        investigative demand, or otherwise compelled by 
                        statute, regulation, or other action of the 
                        Congress or an agency;
                            (x) made in response to a notice in the 
                        Federal Register, Commerce Business Daily, or 
                        other similar publication soliciting 
                        communications from the public and directed to 
                        the agency official specifically designated in 
                        the notice to receive such communications;
                            (xi) not possible to report without 
                        disclosing information, the unauthorized 
                        disclosure of which is prohibited by law;
                            (xii) made to officials in an agency with 
                        regard to--
                                    (I) a judicial proceeding or a 
                                criminal or civil law enforcement 
                                inquiry, investigation, or proceeding; 
                                or
                                    (II) a filing or proceeding that 
                                the Government is specifically required 
                                by statute or regulation to maintain or 
                                conduct on a confidential basis,
                        if that agency is charged with responsibility 
                        for such proceeding, inquiry, investigation, or 
                        filing;
                            (xiii) made in compliance with written 
                        agency procedures regarding an adjudication 
                        conducted by the agency under section 554 of 
                        title 5, United States Code, or substantially 
                        similar provisions;
                            (xiv) written comments filed in the course 
                        of a public proceeding or other communications 
                        that are made on the record in a public 
                        proceeding;
                            (xv) a petition for agency action made in 
                        writing pursuant to established agency 
                        procedures;
                            (xvi) made on behalf of an individual with 
                        regard to that individual's benefits, 
                        employment, or other personal matters involving 
                        only that individual, except that this 
                        subclause does not apply to any communication 
                        with respect to the formulation, modification, 
                        or adoption of private legislation for the 
                        relief of that individual;
                            (xvii) a disclosure by an individual to the 
                        appropriate authority on account of which the 
                        individual is protected against adverse 
                        personnel actions, or other reprisals, under 
                        the amendments made by the Whistleblower 
                        Protection Act of 1989, the Inspector General 
                        Act of 1978, or other law; and
                            (xviii) made on behalf of a church, its 
                        integrated auxiliary, or convention or 
                        association of churches that is exempt from 
                        filing a Federal income tax return under 
                        section 6033(a)(2)(A)(i) of the Internal 
                        Revenue Code of 1986 if the communication 
                        constitutes the free exercise of religion or is 
                        for the purpose of protecting the right to the 
                        free exercise of religion.
            (9) Lobbyist.--The term ``lobbyist'' means an individual 
        who is employed or retained by a client for financial or other 
        compensation to perform services that include 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.
            (10) Market value.--The term ``market value'', as applied 
        to a gift, means the retail cost that a person would incur to 
        purchase the gift or, if the cost cannot be ascertained, a 
        reasonable estimate of the retail cost. The market value of a 
        gift of a ticket entitling the holder to food, refreshment, or 
        entertainment is the retail cost of similar food, refreshment, 
        or entertainment.
            (11) Media organization.--The term ``media organization'' 
        means an organization engaged in disseminating information to 
        the general public through a newspaper, magazine, other 
        publication, radio, television, cable television, or other 
        medium of mass communication.
            (12) Organization.--The term ``organization'' means a 
        corporation, company, foundation, association, labor 
        organization, firm, partnership, society, joint stock company, 
        or group of organizations.
            (13) Principal of a client.--The term ``principal of a 
        client'' means an individual who is an officer, director, or 
        partner of a client (but not including an individual who is a 
        public official).
            (14) Public official.--The term ``public official'' means 
        an elected official, appointed official, or an employee of--
                    (A) a Federal, State, or local unit of government 
                in the United States other than--
                            (i) a college or university that is an 
                        agency or instrumentality of the government of 
                        a State or of a local unit of government 
                        thereof or that is owned or operated by such a 
                        government or by any agency or instrumentality 
                        of 1 or more such governments;
                            (ii) a government-sponsored enterprise (as 
                        defined in section 3 of the Congressional 
                        Budget and Impoundment Control Act of 1974 (2 
                        U.S.C. 622)); or
                            (iii) a public utility, including an entity 
                        that provides gas, electricity, water, 
                        communications and is an agency or 
                        instrumentality of the government of a State or 
                        States or of a local unit of government of a 
                        State or is owned, controlled, or operated by 
                        such a government or by any agency or 
                        instrumentality of 1 or more such governments;
                    (B) a Government corporation (as defined in section 
                9101 of title 31, United States Code);
                    (C) an organization of State or local elected or 
                appointed officials (other than officials of an entity 
                described in 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 a 
                foreign government.
            (15) State.--The term ``State'' means a State, the District 
        of Columbia, and a commonwealth, territory, or possession of 
        the United States.
    (b) Prohibition of Gifts of Travel, Entertainment, Food, Lodging, 
and Other Benefits.--
            (1) In general.--Except as provided in subsections (c) and 
        (d), it shall be unlawful for a lobbyist or a client of a 
        lobbyist (including a principal of a client) to provide, 
        directly or indirectly, to a covered person or entity an item 
        described in paragraph (2) using funds of--
                    (A) the lobbyist (including personal funds of the 
                lobbyist or funds of the firm of which the lobbyist is 
                a member or employee) or client (including personal 
                funds of a client who is an individual or of a 
                principal of a client);
                    (B) a multicandidate political committee (as 
                defined in section 315(a)(4) of the Federal Election 
                Campaign Act of 1971 (2 U.S.C. 441a(a)(4))) that is 
                directly or indirectly established, administered, or 
                financially supported by a lobbyist or client; or
                    (C) any other individual, person, or entity at the 
                direction, recommendation, or other specification of 
                the lobbyist or client of the lobbyist.
            (2) Prohibited items.--An item is described in this 
        paragraph if it is 1 of the following:
                    (A) Travel, entertainment, food, and lodging.--
                Payment for local or long-distance transportation, 
                entertainment, food, or lodging, whether provided in 
                kind, by purchase of a ticket, by payment in advance or 
                by reimbursement, or otherwise.
                    (B) Reimbursements.--Reimbursement of an expense.
                    (C) Loans or contributions.--A loan or 
                contribution.
                    (D) Gifts.--Any other item (including a service) of 
                value.
    (c) Exception for Certain Disclosed Expenditures.--
            (1) In general.--Subsection (b) shall not apply to an 
        expenditure made by a lobbyist or client to provide to a 
        covered person or entity an item described in paragraph (3) if 
        a lobbyist discloses, in accordance with paragraph (2), the 
        expenditure of the lobbyist or client in the next lobbying 
        disclosure report that the lobbyist is required by law to 
        submit.
            (2) Disclosure.--With respect to each expenditure for an 
        item described in paragraph (3), a lobbyist shall disclose--
                    (A) the name and position of the covered person or 
                entity to whom or which or on behalf of whom or which 
                the expenditure was made;
                    (B) a description of the item for which the 
                expenditure was made, including, in the case of a 
                charitable contribution, the name of the person or 
                entity to whom or which the contribution was made;
                    (C) the date on which the expenditure was made; and
                    (D) the amount of the expenditure.
            (3) Expenditures subject to disclosure.--An item is 
        described in this paragraph if it is 1 of the following:
                    (A) Certain travel-related expenditures.--(i) 
                Necessary travel-related expenditures made by a 
                lobbyist or client for a covered legislative branch 
                official, to the extent limited by clause (iii), in 
                connection with meetings, speaking engagements, fact 
                finding trips, and similar events directly related to 
                the official duties of the official if--
                            (I) the expenditure covers the cost of the 
                        trip for a period of not more than--
                                    (aa) 3 consecutive days (excluding 
                                travel days) in the case of domestic 
                                travel and 7 consecutive days 
                                (excluding travel days) in the case of 
                                international travel; and
                                    (bb) 24 hours before or after such 
                                person's actual participation in the 
                                event in the case of domestic travel or 
                                48 hours before or after such person's 
                                actual participation in the event in 
                                the case of international travel; and
                            (II) the official has caused the following 
                        information to be published in the 
                        Congressional Record in advance of the travel 
                        (unless advance publication is not possible 
                        because the travel arrangements cannot be made 
                        in time for the information to be published 
                        while the Senate or the House of 
                        Representatives, as appropriate, is in session 
                        or for other good reason (in which case the 
                        information shall be provided in advance of the 
                        travel to the Clerk of the House of 
                        Representatives or the Secretary of the Senate, 
                        as appropriate, who shall make the information 
                        available to the public immediately and shall 
                        cause the information to be published in the 
                        next Congressional Record)):
                                    (aa) The name of the covered 
                                legislative branch official.
                                    (bb) The dates and itinerary of 
                                such travel.
                                    (cc) A detailed statement of the 
                                purposes of such travel.
                                    (dd) The identity of the party 
                                making the expenditure.
                                    (ee) The anticipated amount of the 
                                expenditure.
                    (ii) The requirements of clause (i)(I) may be 
                waived in exceptional circumstances if the covered 
                legislative branch official obtains a written statement 
                from the Select Committee on Ethics of the Senate or 
                the Committee on Standards of Official Conduct of the 
                House of Representatives, as appropriate, that approves 
                the waiver and explains the justification for the 
                waiver. That committee shall cause the statement to be 
                published in the Congressional Record in advance of the 
                travel (unless advance publication is not possible 
                because the waiver is granted at a time when the Senate 
                or the House of Representatives, as appropriate, is not 
                in session or for other good reason (in which case the 
                committee shall, in advance of the travel, provide a 
                copy of the statement to the Clerk of the House of 
                Representatives or the Secretary of the Senate, as 
                appropriate, who shall make the information available 
                to the public immediately and shall cause the statement 
                to be published in the next Congressional Record)).
                    (iii) Necessary travel-related expenditures are 
                limited to expenditures for a covered legislative 
                branch official's transportation, lodging, conference 
                fees and materials, and meals offered to all attendees 
                as an integral part of the event, including 
                reimbursement for necessary transportation whether or 
                not such transportation occurs within the periods 
                described in clause (i)(I), but do not include 
                expenditures for--
                            (I) recreational activities, such as greens 
                        fees, ski lift tickets, tennis court time, 
                        theater tickets, tickets to sporting events, 
                        and similar items;
                            (II) entertainment, other than that 
                        provided in connection with meals offered to 
                        all attendees as an integral part of the event; 
                        or
                            (III) spouses and immediate family members 
                        of covered legislative branch officials.
                    (iv) An event the activities of which are 
                substantially recreational shall not be considered to 
                be directly related to the official duties of a covered 
                legislative branch official.
                    (B) Personal friendship.--Any expenditure for an 
                item that is given by a lobbyist or client to a Member 
                of Congress that is motivated by a personal friendship 
                as described in subsection (d)(4).
                    (C) Charitable contributions.--A charitable 
                contribution (as defined in section 170(c) of the 
                Internal Revenue Code of 1986) knowingly made by a 
                lobbyist or client to a person or entity that is not 
                maintained or controlled by a covered legislative 
                branch official on the basis of a solicitation made by 
                a covered legislative branch official described in 
                subsection (a)(3)(A) (iii), (iv), (v), or (vi).
            (4) Notification.--Not less than 3 weeks after an 
        expenditure required to be reported under this subsection is 
        made, the lobbyist or client who made the expenditure or for 
        whom the expenditure was made shall provide, in a standard 
        format, to any covered person or entity whose name the lobbyist 
        or client intends for the lobbyist to include in the next 
        lobbying disclosure report on itemized expenditures under this 
        subsection that the lobbyist is required by law to submit, a 
        complete list of the information that the lobbyist intends to 
        disclose relative to that covered person or entity. A lobbyist 
        or client shall not submit a report until each covered 
        legislative branch official identified in the report as a 
        beneficiary of an expenditure (including an official on whose 
        behalf an expenditure has been made for another person or 
        entity) has been notified of the expenditure for a period of at 
        least 15 days prior to the submission. A lobbyist shall not 
        list in a report referred to in this paragraph any information 
        relative to a covered person or entity who--
                    (A) was not a beneficiary of such an expenditure 
                (including a covered legislative branch official on 
                whose behalf an expenditure was made for another person 
                or entity); or
                    (B) reimburses the person making the expenditure 
                the full amount of such expenditure within 30 days of 
                the receipt of notification under this paragraph.
    (d) Exceptions.--The following are not subject to subsection (b) or 
(c), except as provided in subsection (c)(3)(B):
            (1) Market value paid.--Anything for which market value is 
        paid by the recipient.
            (2) Political contributions.--A contribution (as defined in 
        section 301 of the Federal Election Campaign Act of 1971 (2 
        U.S.C. 431)) that is lawfully made under that Act.
            (3) Little intrinsic value.--An item of little intrinsic 
        value such as a greeting card or a personalized item such as a 
        plaque, certificate, or trophy that is intended solely for 
        recognition of a covered person or entity.
            (4) Family members and personal friends.--
                    (A) In general.--An item described in subsection 
                (b) given under circumstances that make it clear that 
                the item is given for a nonbusiness purpose and is 
                motivated by a family relationship or personal 
                friendship (including a dating relationship) and not by 
                the position of the recipient. In determining if the 
                giving of an item is motivated by a family relationship 
                or personal friendship, at least the following factors 
                shall be considered:
                            (i) The history of the relationship between 
                        the individual giving the item and the 
                        individual receiving the item, including 
                        whether or not items have previously been 
                        exchanged by such individuals.
                            (ii) Whether the individual who gave the 
                        item personally paid for the item.
                            (iii) Whether the individual who gave the 
                        item also at the same time gave the same or 
                        similar items to other covered persons or 
                        entities.
                    (B) Tax deduction sought or reimbursement 
                accepted.--(i) The giving of an item shall not be 
                considered to be motivated by a family relationship or 
                personal friendship if the individual giving the item--
                            (I) seeks to deduct the value of such item 
                        as a business expense on the individual's 
                        Federal income tax return; or
                            (II) accepts direct or indirect 
                        reimbursement or compensation for the item from 
                        a firm of which the individual is a member or 
                        employee or from a client.
                    (ii) For purposes of clause (i), indirect 
                reimbursement or compensation for an item includes--
                            (I) an expenditure from an expense account 
                        made available to an individual by the 
                        individual's employer, firm, or client; and
                            (II) a fee charged by a lobbyist to a 
                        client for the purpose of compensating the 
                        lobbyist for the cost of an item.
            (5) Returned items.--Items that are not used and are 
        promptly returned to the donor.
            (6) Certain events sponsored by clients.--
                    (A) In general.--Except as provided in subparagraph 
                (D), attendance, food, instruction, and materials 
                provided to a covered legislative branch official in 
                connection with an event described in subparagraph (B) 
                or (C) if such food, instruction, and materials are 
                unsolicited by the recipient and made available by a 
                client that is the sponsor of the event to all 
                attendees as an integral part of the event.
                    (B) Broadly attended events.--An event is described 
                in this subparagraph if it is a broadly attended event, 
                such as a convention, conference, symposium, banquet, 
                reception, or similar event.
                    (C) Other events.--An event is described in this 
                paragraph if it is a bona fide meeting or similar event 
                of an organization at which the covered legislative 
                branch official participates, unless the value of any 
                food provided to the official in connection with the 
                event exceeds $20.
                    (D) Exceptions.--This paragraph shall not apply 
                to--
                            (i) travel expenses;
                            (ii) lodging;
                            (iii) entertainment collateral to an event;
                            (iv) a meal taken other than in a group 
                        setting to which all other attendees are 
                        invited;
                            (v) a concert, play, motion picture, 
                        sporting event, or similar public entertainment 
                        event;
                            (vi) 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; or
                            (vii) an event that is hosted or cohosted 
                        with, or in honor of, 1 or more covered 
                        legislative branch officials.
            (7) Rewards and prizes.--Rewards and prizes given to 
        competitors in contests or events, including random drawings 
        open to the public.
            (8) Loans.--Loans from financial institutions on terms 
        generally available to the public.
            (9) Wide availability.--Opportunities and benefits, 
        including favorable rates and commercial discounts, available 
        to the public or to a class consisting of all Government 
        employees whether or not restricted on the basis of 
        geographical considerations.
            (10) Pensions.--Pension and other benefits resulting from 
        continued participation in an employee welfare and benefits 
        plan maintained by a former employer.
            (11) Payment by the government.--Anything that is paid for 
        by the Government or secured by the Government under Government 
        contract.
            (12) Statutory authority.--Any gift accepted under specific 
        statutory authority except section 901 of the Ethics Reform Act 
        of 1989 (2 U.S.C. 31-2).
            (13) Certain membership fees.--Reduced membership or other 
        fees for participation in organizational activities offered to 
        all Government employees by professional organizations if the 
        only restrictions on membership relate to professional 
        qualifications.
            (14) Availability to group or class not related to 
        congressional employment.--Opportunities and benefits offered 
        to members of a group or class in which membership is unrelated 
        to congressional employment.
            (15) Availability to members of certain organizations.--
        Opportunities and benefits offered to members of an 
        organization, such as a credit union, in which membership is 
        related to congressional employment if similar benefits are 
        broadly available to large segments of the public through 
        organizations of similar size.
            (16) Outside business or employment.--Gifts resulting from 
        the covered legislative branch official's outside business or 
        employment activities, in circumstances in which it is clear 
        that such benefits have not been offered or enhanced because of 
        the covered legislative branch official's official status.
            (17) Business or employment of spouse.--Gifts resulting 
        from the business or employment activities of a covered 
        legislative branch official's spouse in circumstances in which 
        it is clear that such benefits have not been offered or 
        enhanced because of the covered legislative branch official's 
        official position.
            (18) Informational materials.--Informational materials that 
        are sent to a covered legislative branch official's office in 
        the form of books, articles, periodicals, other written 
        materials, audio tapes, videotapes, or other forms of 
        communication.
            (19) Home state promotional items.--Home State products, 
        food, or other items of minimal value used primarily for 
        promotional purposes.
            (20) Modest items of food or refreshment.--Modest items of 
        food or refreshment, such as soft drinks, coffee, or doughnuts, 
        offered other than as part of a meal.
            (21) Honorary degrees.--An honorary degree provided to a 
        covered legislative branch official.
    (e) Clients.--
            (1) Notice to clients.--A lobbyist shall by written notice 
        inform any client of the lobbyist of the requirements of this 
        section applicable to the client. Such notice shall be provided 
        at the time at which the lobbyist registers on behalf of the 
        client and at the beginning of each reporting period.
            (2) Notice by clients.--If a client of a lobbyist makes an 
        expenditure that the lobbyist will be required to report under 
        subsection (c), the client shall promptly notify the lobbyist 
        of such expenditure. Failure to provide such notice shall be 
        considered to be a violation of this Act.
    (f) Prohibition of Provision of Recreational Travel.--It shall be 
unlawful for any individual or other person or entity to provide for 
travel-related expenditures (including transportation, lodging, food, 
and entertainment) in connection with travel by a covered legislative 
branch official, the activities of which travel are substantially 
recreational, unless the provision for such expenditures is made under 
circumstances that make it clear that the expenditures are provided for 
a nonbusiness purpose and are motivated by a family relationship or 
personal friendship, and not by the position of the official, in 
accordance with subsection (d)(4).
    (g) Gifts to Spouses and Family Members.--For purposes of this 
section, an item given to the spouse or an immediate family member of a 
covered legislative branch official shall be considered to be given on 
behalf of the official.
    (h) Indirect Payments for Certain Events.--For purposes of this 
section, a contribution to or expenditure on behalf of a charitable or 
other organization that is made by a lobbyist or client of a lobbyist 
shall be considered to be an indirect payment on behalf of a covered 
legislative branch official if the lobbyist or client knows or 
reasonably should know that the contribution, or a substantial portion 
thereof, will be used to underwrite travel, food, entertainment or 
other expenses associated with the participation of 1 or more covered 
legislative branch officials in an event or events sponsored by the 
organization.
    (i) Penalties.--An individual or entity that violates this section 
shall be subject to penalties in accordance with S. 349, the Lobbying 
Disclosure Act of 1993, as approved by the Senate on May 6, 1993.
    (j) Regulations.--The President or the President's designee shall 
publish in the Federal Register proposed regulations to implement this 
section not later than 270 days after the date of enactment of this 
section. Not later than the date that is 1 year after the date of 
enactment of this Act, the President or the President's designee shall 
publish in the Federal Register final regulations to implement this 
section.
    (k) Effective Date.--With the exception of subsection (j), this 
section shall become effective on the date that is 1 year after the 
date of enactment of this Act.
    (l) Severability.--
            (1) In general.--If any provision of this section, or the 
        application thereof, is held invalid, the validity of the 
        remainder of this section and the application of such provision 
        to other persons and circumstances shall not be affected 
        thereby.
            (2) Disclosure of activity if the prohibition of such 
        activity is held invalid.--If any provision of this section 
        that prohibits an activity by a lobbyist or a client of a 
        lobbyist is held invalid, a lobbyist or client shall be 
        required to disclose such activity, pursuant to regulations 
        promulgated by the President or the President's designee.
    (m) Study.--Not later than 18 months after the effective date of 
this section, the President or the President's designee shall submit a 
report to the Congress that evaluates this section and identifies any 
significant problems that may have arisen in the implementation of this 
section. The report shall include any relevant statutory changes that 
the President or the President's designee may propose.

                                 <all>

S 1935 IS----2
S 1935 IS----3