[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 349 Engrossed Amendment House (EAH)]

103d CONGRESS

  2d Session

                                 S. 349

_______________________________________________________________________

                               AMENDMENT
                In the House of Representatives, U. S.,

                                                        March 24, 1994.
      Resolved, That the bill from the Senate (S. 349) entitled ``An 
Act to provide for the disclosure of lobbying activities to influence 
the Federal Government, and for other purposes'', do pass with the 
following

                               AMENDMENT:

        Strike out all after the enacting clause, and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lobbying Disclosure Act of 1994''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) responsible representative Government requires public 
        awareness of the efforts of paid lobbyists to influence the 
        public decision making process in both the legislative and 
        executive branches of the Federal Government;
            (2) existing lobbying disclosure statutes have been 
        ineffective because of unclear statutory language, weak 
        administrative and enforcement provisions, and an absence of 
        clear guidance as to who is required to register and what they 
        are required to disclose; and
            (3) the effective public disclosure of the identity and 
        extent of the efforts of paid lobbyists to influence Federal 
        officials in the conduct of Government actions will increase 
        public confidence in the integrity of Government.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Agency.--The term ``agency'' has the meaning given that 
        term in section 551(1) of title 5, United States Code.
            (2) Client.--The term ``client'' means any person or entity 
        (including a State or local government) who employs or retains 
        another person for financial or other compensation to conduct 
        lobbying activities on behalf of that person or entity or 
        another person or entity. An organization whose employees act 
        as lobbyists on its own behalf is both a client and an employer 
        of such employees. In the case of any person or entity that 
        employs or retains a lobbyist to conduct lobbying activities on 
        behalf of another person or entity, the client is both the 
        person or entity that employs or retains the lobbyist and the 
        person or entity on whose behalf the lobbyist conducts lobbying 
        activities. In the case of a coalition or association that 
        employs or retains other persons to conduct lobbying 
        activities, the client is--
                    (A) the coalition or association and not its 
                individual members when the lobbying activities are 
                conducted on behalf of its membership and financed by 
                the coalition's or association's dues and assessments, 
                or
                    (B) the individual member or members, when the 
                lobbying activities are, directly or indirectly, 
                financed separately by one or more individual members 
                and not by the coalition's or association's dues and 
                assessments.
            (3) Covered executive branch official.--The term ``covered 
        executive branch official'' means--
                    (A) the President or the President-elect;
                    (B) the Vice President or the Vice President-elect;
                    (C) any officer or employee (other than a clerical 
                or secretarial employee) of the Executive Office of the 
                President or any individual functioning in the capacity 
                of such an officer or employee on an unpaid basis;
                    (D) any officer or employee serving in a position 
                in level I, II, III, IV, or V of the Executive 
                Schedule, as designated by statute or executive order;
                    (E) any officer or employee serving in a Senior 
                Executive Service position, as defined in section 3132 
                (a)(2) of title 5, United States Code;
                    (F) any member of the uniformed services whose pay 
                grade is at or above O-7 under section 201 of title 37, 
                United States Code; and
                    (G) any officer or employee serving in a position 
                of a confidential, policy-determining, policy-making, 
                or policy-advocating character described in section 
                7511(b)(2) of title 5, United States Code, including an 
                employee listed in schedule C of subpart C of part 213 
                of title 5 of the Code of Federal Regulations.
            (4) Covered legislative branch official.--
                    (A) In general.--The term ``covered legislative 
                branch official'' means--
                            (i) a Member of Congress or a Member-elect 
                        of Congress;
                            (ii) an elected officer of either House of 
                        Congress;
                            (iii) any employee of a Member of Congress 
                        or of a committee of either House of Congress;
                            (iv) any employee on the leadership staff 
                        of the House of Representatives and any 
                        employee on the leadership staff of the Senate;
                            (v) any employee of a joint committee of 
                        the Congress; and
                            (vi) any employee of a working group or 
                        caucus organized to provide legislative 
                        services or other assistance to Members of 
                        Congress.
            (B) Definitions.--For purposes of subparagraph (A)--
                    (i) the terms ``employee on the leadership staff of 
                the House of Representatives'' and ``employee on the 
                leadership staff of the Senate'' have the meanings 
                given these terms in section 207(e)(4) of title 18, 
                United States Code;
                    (ii) the term ``employee'' includes any individual 
                functioning in the capacity of an employee described in 
                subparagraph (A) on an unpaid basis but the term does 
                not include a clerical or secretarial employee, and
                    (iii) the term ``Member of Congress'' means a 
                Senator or a Representative in, or Delegate or Resident 
                Commissioner, to the Congress.
            (5) Director.--The term ``Director'' means the Director of 
        the Office of Lobbying Registration and Public Disclosure.
            (6) Employee.--Except as provided in paragraph (4)(B)(ii), 
        the term ``employee'' means any individual who is an officer, 
        employee, partner, director, or proprietor of an organization, 
        but does not include--
                    (A) independent contractors; or
                    (B) volunteers who receive no financial or other 
                compensation from the organization for their services.
            (7) Foreign entity.--The term ``foreign entity'' means a 
        foreign principal as such term is defined in subsection (b) of 
        section 1 of the Foreign Agents Registration Act of 1938 (22 
        U.S.C. 611 (b)).
            (8) Grass roots lobbying communications.--The term ``grass 
        roots lobbying communications'' means--
                    (A) any communication that attempts to influence 
                any legislation through an attempt to affect the 
                opinions of the general public or any segment thereof;
                    (B) any communication between an organization and 
                any bona fide member of such organization to directly 
                encourage such member to make a communication to a 
                covered executive branch official or a covered 
                legislative branch official with regard to a matter 
                described in clause (i), (ii), (iii), or (iv) of 
                paragraph (10)(A) of section 3; and
                    (C) any communication between an organization and 
                any bona fide member of such organization to directly 
                encourage such member to urge persons other than 
                members to communicate as provided in either 
                subparagraph (A) or subparagraph (B).
            (9) Lobbying activities.--
                    (A) Definition.--The term ``lobbying activities'' 
                means lobbying contacts and efforts in support of such 
                contacts, including preparation and planning 
                activities, research and other background work that is 
                intended at the time it is performed, for use in 
                contacts, and coordination with the lobbying activities 
                of others. Except as provided in subparagraph (B), 
                lobbying activities also include--
                            (i) grass roots lobbying communications, 
                        and
                            (ii) any communication described in clause 
                        (iii), (v), (vii), (viii), or (xvi) of 
                        paragraph (10)(B),
                to the extent that such communications are made in 
                support of a lobbying contact.
                    (B) Religious organizations.--Lobbying activities 
                do not include grass roots lobbying communications by 
                churches, their integrated auxiliaries, conventions or 
                associations of churches, and religious orders that are 
                exempt from filing Federal income tax returns under 
                paragraph (2)(A)(i) or (2)(A)(iii) of section 6033(a) 
                of the Internal Revenue Code of 1986, unless such 
                communications are made by any person or organization 
                required to be identified under section 4(b)(5) of this 
                Act.
            (10) Lobbying contact.--
                    (A) Definition.--The term ``lobbying contact'' 
                means any oral or written communication (including an 
                electronic communication) to a covered executive branch 
                official or a covered legislative branch official that 
                is made on behalf of a client with regard to--
                            (i) the formulation, modification, or 
                        adoption of Federal legislation (including 
                        legislative proposals);
                            (ii) the formulation, modification, or 
                        adoption of a Federal regulation, Executive 
                        order, or any other program, policy, or 
                        position of the United States Government;
                            (iii) the administration or execution of a 
                        Federal program or policy (including the 
                        negotiation, award, or administration of a 
                        Federal contract, grant, loan, permit, or 
                        license), except that this clause does not 
                        include communications that are made to any 
                        covered executive branch official--
                                    (I) who is serving in a Senior 
                                Executive Service position described in 
                                paragraph (3)(E), or
                                    (II) who is a member of the 
                                uniformed services whose pay grade is 
                                lower than O-9 under section 201 of 
                                title 37, United States Code,
                        in the agency responsible for taking such 
                        administrative or executive action; or
                            (iv) the nomination or confirmation of a 
                        person for a position subject to confirmation 
                        by the Senate.
                    (B) Exceptions.--The term ``lobbying contact'' does 
                not include communications that are--
                            (i) made by public officials acting in 
                        their official capacity;
                            (ii) made by representatives of a media 
                        organization if the purpose of the 
                        communication is gathering and disseminating 
                        news and information to the public;
                            (iii) made in a speech, article, 
                        publication, or other material which is widely 
                        distributed to the public through radio, 
                        television, cable television, or other medium 
                        of mass communication;
                            (iv) made on behalf of a government of a 
                        foreign country or a foreign political party 
                        and disclosed under the Foreign Agents 
                        Registration Act of 1938 (22 U.S.C. 611 et 
                        seq.);
                            (v) requests for meetings, requests for the 
                        status of matters described in clauses (i), 
                        (ii), (iii), and (iv) of subparagraph (A), or 
                        other similar requests, if the requests do not 
                        include attempts to influence a covered 
                        executive branch official or a covered 
                        legislative branch official;
                            (vi) made in the course of participation in 
                        an advisory committee subject to the Federal 
                        Advisory Committee Act;
                            (vii) testimony given before a committee, 
                        subcommittee, or task force of the Congress, or 
                        submitted for inclusion in the public record of 
                        a hearing conducted by such committee, 
                        subcommittee, or task force;
                            (viii) information provided in writing in 
                        response to a written request for specific 
                        information from a covered executive branch 
                        official or a covered legislative branch 
                        official;
                            (ix) required by subpoena, civil 
                        investigative demand, or otherwise compelled by 
                        statute, regulation, or other action of the 
                        Congress or an agency;
                            (x) made in response to a notice in the 
                        Federal Register, Commerce Business Daily, or 
                        other similar publication soliciting 
                        communications from the public and directed to 
                        the agency official specifically designated in 
                        the notice to receive such communications;
                            (xi) not possible to report without 
                        disclosing information, the unauthorized 
                        disclosure of which is prohibited by law;
                            (xii) made to officials in an agency with 
                        regard to--
                                    (I) a judicial proceeding or a 
                                criminal or civil law enforcement 
                                inquiry, investigation, or proceeding, 
                                or
                                    (II) a filing or proceeding that 
                                the Government is specifically required 
                                by statute or regulation to maintain or 
                                conduct on a confidential basis,
                        if that agency is charged with responsibility 
                        for such proceeding, inquiry, investigation, or 
                        filing;
                            (xiii) made in compliance with written 
                        agency procedures regarding an adjudication 
                        conducted by the agency under section 554 of 
                        title 5, United States Code, or substantially 
                        similar provisions;
                            (xiv) written comments filed in the course 
                        of a public proceeding or other communications 
                        that are made on the record in a public 
                        proceeding;
                            (xv) a petition for agency action made in 
                        writing pursuant to established agency 
                        procedures;
                            (xvi) made on behalf of an individual with 
                        regard to that individual's benefits, 
                        employment, or other personal matters involving 
                        only that individual, except that this 
                        subclause does not apply to any communication 
                        with respect to the formulation, modification, 
                        or adoption of private legislation for the 
                        relief of that individual;
                            (xvii) disclosures by an individual to the 
                        appropriate authority on account of which that 
                        individual is protected against adverse 
                        personnel actions, or other reprisals, under 
                        the amendments made by the Whistleblower 
                        Protection Act of 1989, the Inspector General 
                        Act of 1978, or other provision of law;
                            (xviii) made by a church, its integrated 
                        auxiliary, a convention or association of 
                        churches, or a religious order that is exempt 
                        from filing a Federal income tax return under 
                        paragraph (2)(A)(i) or (2)(A)(iii) of section 
                        6033(a) of the Internal Revenue Code of 1986 if 
                        the communication constitutes the free exercise 
                        of religion or is for the purpose of protecting 
                        the right to the free exercise of religion; and
                            (xix) between--
                                    (I) officials of a self-regulatory 
                                organization recognized by Federal law, 
                                and
                                    (II) the Federal regulatory agency 
                                with jurisdiction over such 
                                organization,
                        relating to the regulatory responsibilities of 
                        such organization under such law.
                The term ``media organization'', as used in clause 
                (ii), means an organization engaged in disseminating 
                information to the general public through a newspaper, 
                magazine, other publication, radio, television, cable 
                television, or other medium of mass communication.
            (11) Lobbyist.--The term ``lobbyist'' means any individual 
        who is employed or retained by a client for financial or other 
        compensation for services that include one or more lobbying 
        contacts, other than an individual whose lobbying activities 
        constitute less than 10 percent of the time engaged in the 
        services provided by such individual to that client.
            (12) Organization.--The term ``organization'' means any 
        corporation, company, foundation, association, labor 
        organization, firm, partnership, society, joint stock company, 
        or group of organizations.
            (13) Public official.--The term ``public official'' means 
        any elected official, appointed official, or an employee of--
                    (A) a Federal, State, or local unit of government 
                in the United States other than--
                            (i) a college or university which is an 
                        agency or instrumentality of the government of 
                        any State or of a local unit of government 
                        thereof, or which is owned or operated by such 
                        a government or by any agency or 
                        instrumentality of one or more such 
                        governments;
                            (ii) a government-sponsored enterprise as 
                        defined in section 3(8) of the Congressional 
                        Budget and Impoundment Control Act of 1974; or
                            (iii) a public utility, including any 
                        entity that provides gas, electricity, water, 
                        or communications, which is an agency or 
                        instrumentality of the government of any State 
                        or States or of a local unit of government of a 
                        State or which is owned, controlled, or 
                        operated by such a government or by any agency 
                        or instrumentality of one or more such 
                        governments;
                    (B) a Government corporation (as defined in section 
                9101 of title 31, United States Code);
                    (C) an organization of State or local elected or 
                appointed officials other than officials of an entity 
                described in clause (i), (ii), or (iii) of subparagraph 
                (A);
                    (D) an Indian tribe (as defined in section 4(e) of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 450b(e)),
                    (E) a national or State political party or any 
                organizational unit thereof, or
                    (F) a national, regional, or local unit of any 
                foreign government.
            (14) The term ``State'' means each of the several States, 
        the District of Columbia, and any commonwealth territory, or 
        possession of the United States.

SEC. 4. REGISTRATION OF LOBBYISTS.

    (a) Registration.--
            (1) General rule.--Not later than 30 days after a lobbyist 
        first makes a lobbying contact or is employed or retained to 
        make a lobbying contact, whichever is earlier, such lobbyist 
        (or, as provided under paragraph (2), the organization 
        employing such lobbyist), shall register with the Office of 
        Lobbying Registration and Public Disclosure.
            (2) Organization rule.--Any organization that has one or 
        more employees who are lobbyists shall make the registration 
        required by paragraph (1) on behalf of such employees.
            (3) Exemption.--
                    (A) General rule.--Notwithstanding paragraph (1) or 
                (2), an individual or organization whose--
                            (i) total income for matters related to 
                        lobbying activities on behalf of a particular 
                        client (in the case of a lobbyist making 
                        lobbying contacts on behalf of a client other 
                        than the organization employing such lobbyist), 
                        or
                            (ii) total expenses in connection with 
                        lobbying activities (in the case of a lobbyist 
                        making lobbying contacts on behalf of the 
                        organization employing such lobbyist),
                do not exceed, or are not expected to exceed $2,500 (as 
                estimated under section 5) in the semiannual period 
                described in section 5(a) during which the registration 
                would be made is not required to register under 
                subsection (a) with respect to such client.
                    (B) Adjustment.--The $2,500 figure in subparagraph 
                (A) shall be adjusted--
                            (i) on January 1, 1997, to reflect changes 
                        in the Consumer Price Index (as determined by 
                        the Secretary of Labor) since the date of the 
                        enactment of this Act, and
                            (ii) on January 1 of each fourth year 
                        occurring after January 1, 1997, to reflect 
                        changes in the Consumer Price Index (as 
                        determined by the Secretary of Labor) during 
                        the preceding 4-year period,
                rounded to the nearest $100.
    (b) Contents of Registration.--Each registration under this section 
shall be in such form as the Director shall prescribe by regulation and 
shall contain--
            (1) the name, address, business telephone number, and 
        principal place of business of the registrant, and a general 
        description of its business or activities;
            (2) the name, address, and principal place of business of 
        the registrant's client, and a general description of its 
        business or activities (if different from paragraph (1));
            (3) the name, address, and principal place of business of 
        any organization, other than the client, that--
                    (A) contributes or has agreed to contribute more 
                than $5,000 toward the lobbying activities of the 
                registrant in the semiannual period described in 
                section 5(a) in which the registration is made; and
                    (B) significantly participates or has agreed to 
                participate significantly in the planning, supervision, 
                or control of such lobbying activities;
            (4) the name, address, principal place of business, amount 
        of any contribution of more than $5,000 to the lobbying 
        activities of the registrant, and approximate percentage of 
        equitable ownership in the client (if any) of any foreign 
        entity that--
                    (A) holds at least 20 percent equitable ownership 
                in the client or any organization identified under 
                paragraph (3);
                    (B) directly or indirectly, in whole or in major 
                part, plans, supervises, controls, directs, finances, 
                or subsidizes the lobbying activities of the 
                registrant; or
                    (C) is an affiliate of the client or any 
                organization identified under paragraph (3) and has a 
                direct interest in the outcome of the lobbying 
                activity;
            (5) the name, address, and principal place of business of 
        any person or organization retained by the registrant (other 
        than an employee of the registrant) to conduct grass roots 
        lobbying communications on behalf of the registrant or the 
        client of the registrant (other than a person or organization 
        that is separately registered under this Act in connection with 
        such representation);
            (6) a statement of--
                    (A) the general issue areas in which the registrant 
                expects to engage in lobbying activities on behalf of 
                the client, and
                    (B) to the extent practicable, specific issues that 
                have (as of the date of the registration) already been 
                addressed or are likely to be addressed in lobbying 
                activities; and
            (7) the name of each employee of the registrant who has 
        acted or whom the registrant expects to act as a lobbyist on 
        behalf of the client and, if any such employee has served as a 
        covered executive branch official or a covered legislative 
        branch official in the 2 years before the date on which such 
        employee was first required to register as a lobbyist on behalf 
        of the client, the position in which such employee served.
    (c) Guidelines for Registration.--
            (1) Multiple clients.--In the case of a registrant making 
        lobbying contacts on behalf of more than one client, a separate 
        registration under this section shall be filed for each such 
        client.
            (2) Multiple lobbyists.--Any organization that has one or 
        more employees who are lobbyists shall file a single 
        registration under this section for each client on whose behalf 
        its employees act as lobbyists covering all lobbying contacts 
        made by such employees on behalf of such client.
            (3) Multiple contacts.--If a registrant makes another 
        lobbying contact for the same client with a covered executive 
        branch official or covered legislative branch official, such 
        contact will not require another registration under paragraph 
        (1).
    (d) Termination of Registration.--A registrant who after 
registration does not--
            (1) engage in any lobbying activities in a semiannual 
        reporting period on behalf of the client with respect to which 
        the registrant registered, and
            (2) anticipate any additional lobbying activities for such 
        client in the 12-month period following such reporting period,
shall notify the Director of the termination of such activities and 
shall not be required to file any additional reports with respect to 
such client under this section.

SEC. 5. REPORTS BY REGISTERED LOBBYISTS.

    (a) Semiannual Report.--
            (1) In general.--No later than 30 days after the end of the 
        semiannual period beginning on the first day of each January 
        and the first day of July of each year in which a registrant is 
        registered under section 4, each registrant shall file a report 
        with the Office of Lobbying Registration and Public Disclosure 
        on its lobbying activities during such semiannual period. A 
        separate report shall be filed for each client of the 
        registrant.
            (2) Exemption.--
                    (A) Income or expenses of less than $2,500.--Any 
                registrant whose--
                            (i) total income for a particular client 
                        for matters that are related to lobbying 
                        activities on behalf of that client (in the 
                        case of a registrant described in subsection 
                        (b)(3)), or
                            (ii) total expenses in connection with 
                        lobbying activities (in the case of a 
                        registrant described in subsection (b)(4)),
                are less than $2,500 in a semiannual period (as 
                estimated under paragraph (3) or (4) of subsection (b), 
                or paragraph (3) of subsection (c), as applicable) is 
                deemed to be inactive during such period and may comply 
                with the reporting requirements of this section by so 
                notifying the Director in such form as the Director may 
                prescribe.
                    (B) Adjustment.--The $2,500 figure in subparagraph 
                (A) shall be adjusted as provided in section 
                4(a)(3)(B).
    (b) Contents of Report.--Each semiannual report filed under 
subsection (a) shall be in such form as the Director shall prescribe by 
regulation and shall contain--
            (1) the name of the registrant, the name of the client, and 
        any changes or updates to the information provided in the 
        initial registration;
            (2) for each general issue area in which the registrant 
        engaged in lobbying activities on behalf of the client during 
        the semiannual filing period--
                    (A) a list of the specific issues upon which the 
                registrant engaged in lobbying activities, including, 
                to the maximum extent practicable, a list of bill 
                numbers and references to specific regulatory actions, 
                programs, projects, contracts, grants, and loans;
                    (B) a statement of the Houses and committees of 
                Congress and the Federal agencies contacted by 
                lobbyists employed by the registrant on behalf of the 
                client during the semiannual filing period;
                    (C) a list of the employees of the registrant who 
                acted as lobbyists on behalf of the client;
                    (D) a description of the interest in the specific 
                issues, if any, of any foreign entity identified under 
                section 4(b)(4); and
                    (E) a list of the specific issues on which any 
                person or organization required to be identified under 
                section 4(b)(5) has engaged in grassroots lobbying 
                communications on behalf of the client;
            (3) in the case of a registrant engaged in lobbying 
        activities on behalf of a client other than the registrant, a 
        good faith estimate of the total amount of all income from the 
        client (including any payments to the registrant by any other 
        person for lobbying activities on behalf of the client) during 
        the semiannual period, other than income for matters that are 
        unrelated to lobbying activities;
            (4) in the case of a registrant engaged in lobbying 
        activities on its own behalf, a good faith estimate of the 
        total expenses that the registrant and its employees incurred 
        in connection with lobbying activities during the semiannual 
        filing period; and
            (5) a good faith estimate of the total expenses that the 
        registrant and its employees incurred in connection with 
        grassroots lobbying communications on behalf of the client 
        (including any amount paid in connection with such 
        communications to a person or organization required to be 
        identified under section 4(b)(5)).
    (c) Estimates of Income or Expenses.--For purposes of this section, 
estimates of income or expenses shall be made as follows:
            (1) $200,000 or less.--Income or expenses of $200,000 or 
        less shall be estimated in accordance with the following 
        categories:
                    (A) At least $2,500 but not more than $10,000.
                    (B) More than $10,000 but not more than $20,000.
                    (C) More than $20,000 but not more than $50,000.
                    (D) More than $50,000 but not more than $100,000.
                    (E) More than $100,000 but not more than $200,000.
            (2) More than $200,000.--Income or expenses in excess of 
        $200,000 shall be estimated and rounded to the nearest 
        $100,000.
            (3) Estimates based on tax reporting system.--In the case 
        of any registrant that reports lobbying expenditures as 
        required by section 6033 of the Internal Revenue Code of 1986, 
        regulations prescribed under section 7 of this Act shall 
        provide that the registrant may make a good faith estimate of 
        amounts that would be required to be disclosed under such 
        section of the Internal Revenue Code of 1986 for the applicable 
        semiannual period (by category of dollar value) to meet the 
        requirements of subsection (b)(4), if each time the registrant 
        makes such an estimate, the registrant informs the Director 
        that the registrant is making such an estimate.
            (4) Construction.--In estimating total income or expenses 
        under this section, a registrant is not required to include--
                    (A) the value of contributed services for which no 
                payment is made; or
                    (B) the expenses for services provided by an 
                independent contractor of the registrant who is 
                separately registered under this Act.
    (d) Contacts.--
            (1) Contacts considered contacts with committees.--For 
        purposes of subsection (b)(2), any contact with a member of a 
        committee of Congress, an employee of a committee of Congress, 
        or an employee of a member of a committee of Congress regarding 
        a matter within the jurisdiction of such committee shall be 
        considered a contact with the committee.
            (2) Contacts considered contacts with house of congress.--
        For purposes of subsection (b)(2), any contact with a Member of 
        Congress or an employee of a Member of Congress regarding a 
        matter which is not within the jurisdiction of a committee of 
        Congress of which that Member is a member shall be considered a 
        contact with the House of Congress of that Member.
            (3) Contacts considered contacts with federal agencies.--
        For purposes of subsection (b)(2), any contact with a covered 
        executive branch official shall be considered a contact with 
        the Federal agency that employs that official.
    (e) Extension for Filing.--The Director may grant an extension of 
time of not more than 30 days for the filing of any report under this 
section, upon the request of the registrant, for good cause shown.

SEC. 6. PROHIBITION ON GIFTS, MEALS, TRAVEL, ENTERTAINMENT, 
              REIMBURSEMENTS, AND LOANS; ITEMIZATION OF CERTAIN 
              EXPENDITURES

    (a) In General.--
            (1) Registrants and lobbyists.--In accordance with this 
        section, each registrant (including a lobbyist employed by, or 
        a lobbyist who is a member of, a registrant) or any client of a 
        registrant shall be--
                    (A) prohibited from providing, directly or 
                indirectly, gifts, meals, travel, entertainment, 
                reimbursements, and loans described in subsection (b), 
                and
                    (B) required to make an itemized disclosure of 
                expenditures described in subsection (c) and provided, 
                directly or indirectly,
        to a covered legislative branch official, to an entity that is 
        maintained or controlled by a covered legislative branch 
        official, or to any other person or entity on behalf of a 
        covered legislative branch official (collectively referred to 
        in this subsection as a ``covered person or entity'').
            (2) Foreign lobbyists.--For purposes of this section, a 
        registrant or any client of a registrant shall include a 
        foreign principal (as defined in section 1(b) of the Foreign 
        Agents Registration Act) and an agent of a foreign principal 
        (as defined in section 1(c) of such Act).
    (b) Prohibition.--A registrant (including a lobbyist) or any client 
of a registrant may not provide, directly or indirectly (with funds of 
a registrant or a client), to or on behalf of or for a covered person 
or entity:
            (1) Travel, entertainment, food, and lodging.--Payment for 
        local or long-distance transportation, entertainment, food, or 
        lodging, whether provided in kind, by purchase of a ticket, by 
        payment in advance or by reimbursement, or otherwise.
            (2) Reimbursement.--Reimbursement of an expense.
            (3) Loan.--A loan.
            (4) Gifts.--Any other item of value.
    (c) Disclosure.--With respect to expenditures described in this 
subsection, the prohibitions prescribed by subsection (b) with respect 
to an expenditure will not apply to a registrant or any client of a 
registrant if the registrant discloses the expenditure of the 
registrant or the client, in the registrant's semiannual report under 
section 5(a) or in a separate report on itemized expenditures subject 
to the same filing requirements, as follows:
            (1) In general.--With respect to each expenditure described 
        in paragraph (2), the registrant shall disclose--
                    (A) the name and position of the covered 
                legislative branch official or other covered person or 
                entity to whom or which or on behalf of whom or which 
                the expenditure was made;
                    (B) the type of the expenditure;
                    (C) the date on which the expenditure was made; and
                    (D) the amount of the expenditure.
            (2) Expenditures subject to disclosure.--The following 
        expenditures are subject to disclosure under paragraph (1):
                    (A) Necessary travel-related expenditures made by a 
                registrant described in section 5(b)(4) or a client of 
                a registrant described in section 5(b)(3) for a covered 
                legislative branch official or a person on behalf of 
                such an official in connection with speaking 
                engagements, fact finding trips, substantial 
                participation in an event sponsored by an entity 
                described in section 170(c) or 527(e) of the Internal 
                Revenue Code of 1986, and similar events if the 
                expenditure covers the costs of a trip for a period of 
                not more than--
                            (i) 4 consecutive days in the case of 
                        domestic travel and 7 consecutive days 
                        (excluding travel days) in the case of 
                        international travel, and
                            (ii) 24 hours before or after such person's 
                        actual participation in the event in the case 
                        of domestic travel or 48 hours before or after 
                        such person's actual participation in the event 
                        in the case of international travel.
                Necessary travel-related expenditures include 
                reimbursements for necessary transportation whether or 
                not such transportation occurs within the periods 
                described in clause (i) or (ii), but does not include 
                expenditures for travel, lodging, or entertainment 
                collateral to the event or meals taken other than in a 
                group setting to which all other attendees are invited.
                    (B) Honorary degrees and associated meals and 
                entertainment provided to a covered person or entity.
                    (C) Food, refreshment, or entertainment provided a 
                covered person or entity while attending a meeting or 
                event with persons who are not United States citizens 
                while on official travel to a foreign area.
            (3) Conferences.--With respect to each financial 
        contribution or expenditure relating to a conference, retreat, 
        or similar event for or on behalf of covered legislative branch 
        officials which is sponsored by or affiliated with an official 
        congressional organization, the registrant shall disclose--
                    (A) the nature of the conference, retreat, or 
                similar event;
                    (B) the date or dates on which the conference, 
                retreat, or other event occurred;
                    (C) the identity of the organization that sponsored 
                or is affiliated with the event; and
                    (D) a single aggregate figure for the contributions 
                or expenditures made by the registrant or client of the 
                registrant in connection with the conference, retreat, 
                or similar event.
            (4) Events.--With respect to each financial contribution or 
        expenditure that relates to a widely attended event that is 
        hosted or cohosted with, or in honor of, 1 or more covered 
        legislative branch officials, the registrant shall disclose--
                    (A) the name and position of each such covered 
                legislative branch official that hosted, cohosted, or 
                was honored at such event
                    (B) the nature of the event;
                    (C) the date on which the event occurred; and
                    (D) a single aggregate figure for the contributions 
                or expenditures made by the registrant in connection 
                with the event.
            (5) Charitable contributions.--With respect to each 
        charitable contribution (as defined in section 170(c) of the 
        Internal Revenue Code of 1986) made in lieu of an honorarium on 
        the basis of a designation, recommendation, or other 
        specification made by a covered legislative branch official, 
        the registrant shall disclose--
                    (A) the name and position of each such covered 
                legislative branch official;
                    (B) the name of any covered person or entity to 
                whom or which the contribution was made;
                    (C) the date on which the contribution was made; 
                and
                    (D) the value of the contribution.
            (6) Contributions to legal defense fund.--With respect to 
        each contribution or other payment made to a legal defense fund 
        established for the benefit of a covered legislative branch 
        official, the registrant shall disclose--
                    (A) the name and position of each such covered 
                legislative branch official;
                    (B) the name of any other person or entity to whom 
                or which the contribution was made;
                    (C) the date on which the contribution was made; 
                and
                    (D) the value of the contribution.
            (7) Notification.--Not less than 3 weeks after an 
        expenditure required to be reported under this subsection is 
        made, the registrant or any client of a registrant who made or 
        for whom was made such expenditure shall provide, in a standard 
        format determined by the Office of Lobbying Registration and 
        Public Disclosure, to any covered person or entity, whose name 
        the registrant or client intends for the registrant to include 
        in either the registrant's semiannual report under section 5(a) 
        or a separate report on itemized expenditures under this 
        subsection, a complete list of the information the registrant 
        intends to disclose relative to that covered person or entity. 
        The registrant shall not list in its report referred to in this 
        paragraph any information relative to a covered person or 
        entity who--
                    (A) was not the subject of the expenditure referred 
                to in the preceding sentence, or
                    (B) reimburses the person making such expenditure 
                the full amount of such expenditure within 30 days of 
                the receipt of notification under this paragraph.
    (d) Exceptions.--The following are not subject to subsection (b) or 
(c):
            (1) Anything for which market value is paid by the 
        recipient.
            (2) A contribution, as defined in the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully 
        made under that Act.
            (3) An item of little intrinsic value such as a greeting 
        card, baseball cap, or a T-shirt or a personalized item such as 
        a plaque, certificate, or trophy that is intended solely for 
        recognition of a covered legislative branch official.
            (4) Food and attendance provided to a covered person or 
        entity at an event sponsored by an organization described in 
        section 170(c) or 527(e) of the Internal Revenue Code of 1986.
            (5)(A) An item described in subsection (b) (hereafter in 
        this paragraph referred to as an ``item'') given under 
        circumstances which make it clear that the item is given for a 
        nonbusiness purpose and is motivated by a family relationship 
        or personal friendship and not by the position of the 
        recipient. In determining if the giving of an item is motivated 
        by a family relationship or personal friendship, at least the 
        following factors shall be considered:
                    (i) The history of the relationship between the 
                individual giving the item and the individual receiving 
                the item, including whether or not items have 
                previously been exchanged by such individuals.
                    (ii) Whether the item was purchased by the 
                individual who gave the item.
                    (iii) Whether the individual who gave the item also 
                at the same time gave the same or similar item to other 
                covered persons or entities.
            (B) The giving of an item shall not be considered to be 
        motivated by a family relationship or personal friendship if 
        the family member or friend seeks--
                    (i) to deduct the value of such item as a business 
                expense on the family member's or friend's Federal 
                income tax return, or
                    (ii) reimbursement either from a registrant or from 
                a client.
            (6) Items which are not used and which are promptly 
        returned to the donor.
            (7) Except with respect to items described in subsection 
        (c)--
                    (A) attendance, food, and refreshments at widely 
                attended gatherings, including conventions, 
                conferences, symposiums, retreats, dinners, receptions, 
                viewings, or similar events if such attendance, food, 
                and refreshments are unsolicited by the recipient and 
                provided by the sponsor of the event,
                    (B) meals or entertainment that are unsolicited by 
                the recipient and not paid for either directly or 
                indirectly (including with funds of a registrant or 
                client) by a lobbyist or an agent of a foreign 
                principal (as defined in section 1(c) of the Foreign 
                Agents Registration Act) and not paid for either 
                directly or indirectly by a registrant described in 
                section 5(b)(3), if an employee (other than a lobbyist) 
                of--
                            (i) a registrant described in section 
                        5(b)(4), or
                            (ii) a client of a registrant described in 
                        section 5(b)(3),
                acting in a representational capacity, substantially 
                participates in the meal or entertainment, and
                    (C) modest items of food or refreshment such as 
                soft drinks, coffee, or doughnuts offered other than as 
                part of a meal.
            (8) Rewards and prizes given to competitors in contests or 
        events, including random drawings open to the public.
            (9) Loans from financial institutions on terms generally 
        available to the public.
            (10) Opportunities and benefits, including favorable rates 
        and commercial discounts, available to the public or to a class 
        consisting of all Government employees whether or not 
        restricted on the basis of geographical considerations.
            (11) Pension and other benefits resulting from continued 
        participation in an employee welfare and benefits plan 
        maintained by a former employer.
            (12) Anything which is paid for by the Government or 
        secured by the Government under Government contract.
            (13) Any gift accepted under specific statutory authority 
        except section 901 of the Ethics Reform Act of 1989 (2 U.S.C. 
        31-2).
            (14) Reduced membership or other fees for participation in 
        organizational activities offered to all Government employees 
        by professional organizations if the only restrictions on 
        membership relate to professional qualifications.
            (15) Opportunities and benefits offered to members of a 
        group or class in which membership is unrelated to 
        congressional employment.
            (16) Opportunities and benefits offered to members of an 
        organization, such as credit unions, in which membership is 
        related to congressional employment if similar benefits are 
        broadly available to large segments of the public through 
        organizations of similar size.
            (17) Gifts resulting from the covered legislative branch 
        official's outside business or employment activities when it is 
        clear that such benefits have not been offered or enhanced 
        because of the covered legislative branch official's official 
        status.
            (18) Gifts resulting from the business or employment 
        activities of a covered legislative branch official's spouse 
        when it is clear that such benefits have not been offered or 
        enhanced because of the covered legislative branch official's 
        official position.
            (19) Informational materials that are sent to a covered 
        legislative branch official's office in the form of books, 
        articles, periodicals, other written materials, audio tapes, 
        videotapes, or other forms of communication.
            (20) Home State products, food, or other items of minimal 
        value used primarily for promotional purposes.
    (e) Definition.--For purposes of this section, the term ``market 
value'' when applied to a gift means the retail cost a person would 
incur to purchase the gift. The market value of a gift of a ticket 
entitling the holder to food, refreshments, or entertainment is the 
retail cost of similar food, refreshments, or entertainment.
    (f) Clients.--
            (1) Notice to clients.--A registrant described in section 
        5(b)(3) shall by written notice inform any client of the 
        registrant of the requirements of this section applicable to 
        the client. Such notice shall be provided at the time the 
        registrant registers on behalf of such client under section 4 
        and at the beginning of each semiannual reporting period under 
        section 5(a).
            (2) Notice by clients.--If a client of a registrant makes 
        an expenditure which such registrant will be required to report 
        under subsection (c), the client shall promptly notify the 
        registrant of such expenditure. Failure to provide such notice 
        shall be considered to be a violation of this Act.
    (g) House Rules.--Clause (4) of Rule XLIII of the Rules of the 
House of Representatives is amended by adding at the end the following: 
``A Member, officer, or employee of the House of Representatives shall 
not accept a gift given by a lobbyist or registrant subject to the 
Lobbying Disclosure Act of 1994 in knowing violation of that Act.''.

SEC. 7. ESTABLISHMENT AND DUTIES OF OFFICE OF LOBBYING REGISTRATION AND 
              PUBLIC DISCLOSURE.

    (a)  Establishment.--
            (1) Office and director.--There is established as an 
        independent agency in the executive branch an Office of 
        Lobbying Registration and Public Disclosure, which shall be 
        headed by a Director. The Director shall be appointed by the 
        President, by and with the advice and consent of the Senate. 
        The Director shall be an individual who, by demonstrated 
        ability, background, training, and experience, is especially 
        qualified to carry out the functions of the position. The term 
        of service of the Director shall be 5 years.
            (2) Compensation.--Section 5316 of title 5, United States 
        Code, is amended by adding at the end thereof the following:
            ``Director of the Office of Lobbying Registration and 
        Public Disclosure.''.
            (3) Employees and services.--The Director may--
                    (A) appoint officers and employees, including 
                attorneys, in accordance with chapter 51 and subchapter 
                III of chapter 53 of title 5, United States Code; and
                    (B) contract for financial and administrative 
                services (including those related to budget and 
                accounting, financial reporting, personnel, and 
                procurement) with the General Services Administration 
                or such other Federal agency as the Director determines 
                appropriate, for which payment shall be made in advance 
                or by reimbursement from funds of the Office in such 
                amounts as may be agreed upon by the Director and the 
                head of the agency providing such services.
        Contract authority under subparagraph (B) shall be effective 
        for any fiscal year only to the extent that appropriations are 
        available for that purpose.
    (b) Duties.--The Director of the Office of Lobbying Registration 
and Public Disclosure shall--
            (1) after notice and a reasonable opportunity for public 
        comment, and consultation with the Secretary of the Senate, the 
        Clerk of the House of Representatives, and the Administrative 
        Conference of the United States, prescribe such regulations, 
        forms, and penalty schedules as are necessary to carry out this 
        Act;
            (2) provide guidance and assistance on the registration and 
        reporting requirements of this Act, including the issuance of 
        published decisions and advisory opinions;
            (3) review the registrations and reports filed under this 
        Act and make such verifications or inquiries as are necessary 
        to ensure the completeness, accuracy, and timeliness of the 
        registrations and reports;
            (4) develop filing, coding, and cross-indexing systems to 
        carry out the purposes of this Act, including computerized 
        systems designed to minimize the burden of filing and maximize 
        public access to materials filed under this Act;
            (5) ensure that the computer systems developed pursuant to 
        paragraph (4)--
                    (A) allow the materials filed under this Act to be 
                accessed by client name, lobbyist name, and registrant 
                name;
                    (B) are compatible with computer systems developed 
                and maintained by the Federal Election Commission, and 
                that information filed in the two systems can be 
                readily cross-referenced; and
                    (C) are compatible with computer systems developed 
                and maintained by the Secretary of the Senate and the 
                Clerk of the House of Representatives;
            (6) make copies of each registration and report filed under 
        this Act available to the public, upon the payment of 
        reasonable fees, not to exceed the cost of such copies, as 
        determined by the Director, in electronic and hard copy formats 
        as soon as practicable after the date on which such 
        registration or report is received;
            (7) preserve the originals or accurate reproduction of--
                    (A) registrations filed under this Act, and
                    (B) of reports filed under this Act,
        for a period of not less than 3 years from the date on which 
        the registration or report is received;
            (8) maintain a computer record of--
                    (A) the information contained in registrations, and
                    (B) the information contained in reports filed 
                under this Act for not less than 5 years after the date 
                on which such reports are received;
            (9) compile and summarize, with respect to each semiannual 
        period, the information contained in registrations and reports 
        filed with respect to such period in a manner which clearly 
        presents the extent and nature of expenditures on lobbying 
        activities during such period;
            (10) make information compiled and summarized under 
        paragraph (9) available to the public in electronic and hard 
        copy formats as soon as practicable after the close of each 
        semiannual filing period;
            (11) provide, by computer telecommunication or other 
        transmittal in a form accessible by computer, to the Secretary 
        of the Senate and the Clerk of the House of Representatives 
        copies of all registrations and reports received under sections 
        4 and 5 and all compilations, cross-indexes, and summaries of 
        such registrations and reports, as soon as practicable (but not 
        later than 3 working days) after such material is received or 
        created;
            (12) make available to the public a list of all persons 
        whom the Director determines, under section 9(c) or 10(c), to 
        have violated this Act and submit such list to the Congress on 
        a semiannual basis;
            (13) upon request, indicate if an individual who may have 
        been the subject of a lobbying contact is or has been within 3 
        years before the date of the request a covered executive branch 
        official or a covered legislative branch official; and
            (14) transmit to the President and the Congress a report, 
        not later than March 31 of each year, describing the activities 
        of the Office and the implementation of this Act, including--
                    (A) a financial statement for the preceding fiscal 
                year;
                    (B) a summary of the registrations and reports 
                filed with the Office with respect to the preceding 
                calendar year;
                    (C) a summary of the registrations and reports 
                filed on behalf of foreign entities with respect to the 
                preceding calendar year; and
                    (D) recommendations for such legislative or other 
                action as the Director considers appropriate.

SEC. 8. INITIAL PROCEDURE FOR ALLEGED VIOLATIONS.

    (a) Allegation of a Violation.--Whenever the Office of Lobbying 
Registration and Public Disclosure has reason to believe that a person 
may be in violation of the requirements of this Act, the Director shall 
notify the person in writing of the nature of the alleged violation and 
provide an opportunity for the person to respond in writing to the 
allegation within 30 days after the notification is sent or such longer 
period as the Director may determine appropriate in the circumstances.
    (b) Initial Determination.--If the person responds within the 
period described in the notification under subsection (a), the Director 
shall--
            (1) issue a written determination that the person has not 
        violated this Act if the person provides adequate information 
        or explanation to make such determination; or
             (2) make a formal request for information under subsection 
        (c) or a determination under section 9, if the information or 
        explanation provided indicates that such person may have 
        violated this Act.
A determination under paragraph (1) may be published by the Director 
with the names redacted if the Director determines the determination 
without the names provides useful guidance.
    (c) Formal Request for Information.--If a person fails to respond 
in writing within the period described in the notification under 
subsection (a) or the response is not adequate to determine whether 
such person has violated this Act, the Director may make a formal 
request for specific additional written information (subject to 
applicable privileges) that is reasonably necessary for the Director to 
make such determination. Each such request shall be structured to 
minimize any burden imposed, consistent with the need to determine 
whether the person is in compliance with this Act, and shall--
            (1) state the nature of the conduct constituting the 
        alleged violation which is the basis for the inquiry and the 
        provision of law applicable thereto;
            (2) describe the class or classes of material to be 
        produced pursuant to the request with such definiteness and 
        certainty as to permit such material to be readily identified; 
        and
            (3) prescribe a return date or dates which provide a 
        reasonable period of time within which the person may assemble 
        and make available for inspection and copying or reproduction 
        the material so requested.
    (d) Nondisclosure of Information.--Information provided to the 
Director under this section and sections 9 and 10 shall not be made 
available to the public without the consent of the person providing the 
information, except to the extent such information may be included in--
            (1) any new or amended registration or report filed in 
        connection with an inquiry under this section; or
            (2) a written decision issued by the Director under section 
        9 or 10 after appropriate redaction by the Director to protect 
        the interests of innocent parties.

SEC. 9. DETERMINATIONS OF VIOLATIONS.

    (a) Notification and Hearing.--If the information provided to the 
Director under section 8 indicates that a person may have violated this 
Act, the Director shall--
            (1) notify the person in writing of this finding and, if 
        appropriate, a proposed penalty assessment and provide such 
        person with an opportunity to respond in writing within 30 days 
        after the notice is sent; and
            (2) if requested in writing by that person within that 30-
        day period, afford the person an opportunity for a hearing on 
        the record under the provisions of section 554 of title 5, 
        United States Code.
    (b) Determination.--Upon the receipt of a written response under 
subsection (a)(1) when no hearing under subsection (a)(2) is requested, 
upon the completion of a hearing requested under subsection (a)(2), or 
upon the expiration of 30 days in a case in which no such written 
response is received, the Director shall review the information 
received under this section (including evidence presented at any such 
hearing) and section 8 and make a final determination whether there was 
a violation and a final determination of the penalty, if any. If no 
written response was received under this section within the 30-day 
period provided, the determination and penalty assessment shall 
constitute a final order not subject to appeal.
    (c) Written Decision.--
            (1) Determination of violation.--If the Director makes a 
        final determination under subsection (b) that there was a 
        violation, the Director shall issue a public written decision--
                    (A) directing the person to correct the violation; 
                and
                    (B) assessing a civil monetary penalty in an amount 
                determined as follows:
                            (i) In the case of a minor violation, the 
                        amount shall be no more than $10,000, depending 
                        on the nature and extent of the violation.
                            (ii) In the case of a significant 
                        violation, the amount shall be more than 
                        $10,000, but no more than $200,000, depending 
                        on the nature and extent of the violation and 
                        the extent to which the person may have 
                        profited from the violation.
            (2) Determination of no violation or insufficient 
        Evidence.--If the Director determines that no violation 
        occurred or there was not sufficient evidence that a violation 
        occurred, the Director shall issue a written notice of such 
        determination to the person charged. Such notice may be 
        published by the Director with names redacted if the Director 
        determines it provides useful guidance.
    (d) Civil Injunctive Relief.--If a person fails to comply with a 
directive to correct a violation under subsection (c), the Director 
shall refer the case to the Attorney General to seek civil injunctive 
relief in the appropriate court of the United States to compel such 
person to comply with such directive.
    (e) Penalty Assessments.--
            (1) General rule.--No penalty shall be assessed under this 
        section unless the Director finds that the person subject to 
        the penalty knew or should have known that such person was in 
        violation of this Act. In determining the amount of a penalty 
        to be assessed, the Director shall take into account the 
        totality of the circumstances, including the extent and gravity 
        of the violation and such other matters as justice may require.
            (2) Regulations.--Regulations prescribed by the Director 
        under section 7 shall define minor and significant violations. 
        Significant violations shall be defined to include a failure to 
        register and any other violation that is extensive or repeated 
        if the person who commits such violation knew or should have 
        known that the action constituting the violation was a 
        violation of this Act.
    (f) Limitation.--No proceeding shall be initiated under this 
section relating to a registration or report filed or required to be 
filed under this Act unless the Director notifies the person who is to 
be the subject to the proceeding of the alleged violation within 3 
years after the date on which such registration or report was filed or 
was required to be filed.

SEC. 10. OTHER VIOLATIONS.

    (a) Late Registration or Filing; Failure To Provide Information.--
If a person registers or files a report after a registration or filing 
is required under this Act, or fails to provide information requested 
by the Director under section 8(c), the Director shall--
            (1) notify the person in writing of the violation and a 
        proposed penalty assessment and provide such person with an 
        opportunity to respond in writing within 30 days after the 
        notice is sent; and
            (2) if requested by that person within that 30-day period, 
        afford the person a hearing in accordance with section 9(a)(2).
    (b) Determination.--Upon the receipt of a written response under 
subsection (a)(1) when no hearing under subsection (a)(2) is requested, 
upon the completion of a hearing requested under subsection (a)(2), or 
upon the expiration of 30 days in a case in which no such written 
response is received, the Director shall review the information 
received under subsection (a) (including evidence presented at any such 
hearing) and, unless the Director determines, on the basis of such 
information, that the late filing or failure to provide information was 
justified, the Director shall make a final determination of a violation 
and a final determination of the penalty, if any. If no written 
response or request for a hearing was received under subsection (a) 
within the 30-day period provided, the determination and penalty 
assessment shall constitute a final order not subject to appeal.
    (c) Written Decision.--
            (1) Determination of violation.--If the Director makes a 
        final determination under subsection (b) that there was a 
        violation, the Director shall issue a public written decision--
                    (A) in the case of a late registration or filing, 
                assessing a civil monetary penalty of $200 for each 
                week by which the filing was late, with the total 
                penalty not to exceed $10,000; or
                    (B) in the case of a failure to provide 
                information--
                            (i) directing the person to provide the 
                        information within a reasonable period of time; 
                        and
                            (ii) except where the Director determines 
                        that the violation was the result of a good 
                        faith dispute over the validity or appropriate 
                        scope of a request for information, assessing a 
                        civil monetary penalty in an amount not to 
                        exceed $10,000.
            (2) Determination of no violation or insufficient 
        evidence.--If the Director determines that no violation 
        occurred or there was not sufficient evidence that a violation 
        occurred, the Director shall issue a written notice of such 
        determination to the person charged. Such notice may be 
        published by the Director with names redacted if the Director 
        determines it provides useful guidance.
    (d) Civil Injunctive Relief.--In the case of a person failing to 
comply with a directive issued under subsection (c)(2)(A), the Director 
shall refer such matter to the Attorney General, who shall seek civil 
injunctive relief in the appropriate court of the United States to 
compel such person to comply with such directive unless the Attorney 
General finds no reasonable likelihood that the Government would 
prevail.

SEC. 11. JUDICIAL REVIEW.

    (a) Final Decision.--A written decision issued by the Director 
under section 9 or 10 shall become final 60 days after the date on 
which the Director provides notice of the decision, unless such 
decision is appealed under subsection (b) of this section.
    (b) Appeal.--Any person adversely affected by a written decision 
issued by the Director under section 9 or 10 may appeal such decision, 
except as provided under section 9(b) or 10(b), to the appropriate 
United States court of appeals. Such review may be obtained by filing a 
written notice of appeal in such court no later than 60 days after the 
date on which the Director provides notice of the Director's decision 
and by simultaneously sending a copy of such notice of appeal to the 
Director. The Director shall file in such court the record upon which 
the decision was issued, as provided under section 2112 of title 28, 
United States Code. The findings of fact of the Director shall be 
conclusive, unless found to be unsupported by substantial evidence, as 
provided under section 706(2)(E) of title 5, United States Code. Any 
penalty assessed or other action taken in the decision shall be stayed 
during the pendency of the appeal.
    (c) Recovery of Penalty.--Any penalty assessed in a written 
decision which has become final under this Act may be recovered in a 
civil action brought by the Attorney General in an appropriate United 
States district court. In any such action, no matter that was raised or 
that could have been raised before the Director or pursuant to judicial 
review under subsection (b) may be raised as a defense, and the 
determination of liability and the determination of amounts of 
penalties and assessments shall not be subject to review.

SEC. 12. RULES OF CONSTRUCTION.

    (a) Constitutional Rights.--Nothing in this Act shall be construed 
to prohibit or interfere with--
            (1) the right to petition the government for the redress of 
        grievances,
            (2) the right to express a personal opinion, or
            (3) the right of association,
protected by the First Amendment to the Constitution.
    (b) Prohibition of Activities.--Nothing in this Act shall be 
construed to prohibit, or to authorize the Director or any court to 
prohibit lobbying activities or lobbying contacts by any person, 
regardless of whether such person is in compliance with the 
requirements of this Act.
    (c) Audit and Investigations.--Nothing in this Act shall be 
construed to grant general audit or investigative authority to the 
Director, or to authorize the Director to review the files of a 
registrant, except in accordance with the requirements of section 8.

SEC. 13. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT.

    The Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et 
seq.), is amended--
            (1) in section 1--
                    (A) by striking out subsection (j);
                    (B) in subsection (o), by striking out ``the 
                dissemination of political propaganda and any other 
                activity which the person engaging therein believes 
                will, or which he intends to, prevail upon, 
                indoctrinate, convert, induce, persuade, or in any 
                other way influence'' and inserting in lieu thereof 
                ``any activity which the person engaging in believes 
                will, or which he intends to, in any way influence'';
                    (C) in subsection (p) by striking out the semicolon 
                and inserting in lieu thereof a period; and
                    (D) by striking out subsection (q);
            (2) in section 3(g) (22 U.S.C. 613(g)), by striking out 
        ``established agency proceedings, whether formal or informal.'' 
        and inserting in lieu thereof ``judicial proceedings, criminal 
        or civil law enforcement inquiries, investigations or 
        proceedings, or agency proceedings required by statute or 
        regulation to be conducted on the record.'';
            (3) in section 3 (22 U.S.C. 613), by adding at the end the 
        following:
    ``(h) Any agent of a person described in section 1(b)(2) or an 
entity described in section 1(b)(3) of this Act if the agent is 
required to register and does register under the Lobbying Disclosure 
Act of 1994 in connection with the agent's representation of such 
person or entity.''.
            (4) in section 4(a) (22 U.S.C. 614(a))--
                    (A) by striking out ``political propaganda'' and 
                inserting in lieu thereof ``informational materials''; 
                and
                    (B) by striking out ``and a statement, duly signed 
                by or on behalf of such an agent, setting forth full 
                information as to the places, times, and extent of such 
                transmittal'';
            (5) in section 4(b) (22 U.S.C. 614(b))--
                    (A) in the matter preceding clause (i) by striking 
                out ``political propaganda'' and inserting in lieu 
                thereof ``informational materials''; and
                    (B) by striking out ``(i) in the form of prints, 
                or'' and all that follows through the end of the 
                subsection and inserting in lieu thereof ``without 
                placing in such informational materials a conspicuous 
                statement that the materials are distributed by the 
                agent on behalf of the foreign principal, and that 
                additional information is on file with the Department 
                of Justice, Washington, District of Columbia. The 
                Attorney General may by rule define what constitutes a 
                conspicuous statement for the purposes of this 
                subsection.'';
            (6) in section 4(c) (22 U.S.C. 614(c)), by striking out 
        ``political propaganda'' and inserting in lieu thereof 
        ``informational materials'';
            (7) in section 6 (22 U.S.C. 616)--
                    (A) in subsection (a), by striking out ``and all 
                statements concerning the distribution of political 
                propaganda'';
                    (B) in subsection (b), by striking out ``, and one 
                copy of every item of political propaganda''; and
                    (C) in subsection (c), by striking out ``copies of 
                political propaganda,'';
            (8) in section 8 (22 U.S.C. 618)--
                    (A) in subsection (a)(2), by striking out ``or in 
                any statement under section 4(a) hereof concerning the 
                distribution of political propaganda''; and
                    (B) by striking out subsection (d); and
            (9) in section 11 (22 U.S.C. 621), by striking out ``, 
        including the nature, sources, and content of political 
        propaganda disseminated or distributed''.

SEC. 14. AMENDMENTS TO THE BYRD AMENDMENT.

    (a) Revised Certification Requirements.--Section 1352(b) of title 
31, United States Code, is amended--
            (1) in paragraph (2), by striking out subparagraphs (A), 
        (B), and (C) and inserting in lieu thereof the following:
                    ``(A) the name of any registrant under the Lobbying 
                Disclosure Act of 1994 who has made lobbying contacts 
                on behalf of the person with respect to that Federal 
                contract, grant, loan, or cooperative agreement; and
                    ``(B) a certification that the person making the 
                declaration has not made, and will not make, any 
                payment prohibited by subsection (a).'';
            (2) in paragraph (3), by striking out all that follows 
        ``loan shall contain'' and inserting in lieu thereof ``the name 
        of any registrant under the Lobbying Disclosure Act of 1994 who 
        has made lobbying contacts on behalf of the person in 
        connection with that loan insurance or guarantee.''; and
            (3) by striking out paragraph (6) and redesignating 
        paragraph (7) as paragraph (6).
    (b) Removal of Obsolete Reporting Requirement.--Section 1352 of 
title 31, United States Code, is further amended--
            (1) by striking subsection (d); and
            (2) by redesignating subsections (e), (f), (g), and (h) as 
        subsections (d), (e), (f), and (g), respectively.

SEC. 15. REPEAL OF CERTAIN LOBBYING PROVISIONS.

    (a) Repeal of the Federal Regulation of Lobbying Act.--The Federal 
Regulation of Lobbying Act (2 U.S.C. 261 et seq.) is repealed.
    (b) Repeal of Provisions Relating to Housing Lobbyist Activities.--
            (1) Section 13 of the Department of Housing and Urban 
        Development Act (42 U.S.C. 3537b) is repealed.
            (2) Section 536(d) of the Housing Act of 1949 (42 U.S.C. 
        1490p(d)) is repealed.

SEC. 16. CONFORMING AMENDMENTS TO OTHER STATUTES.

    (a) Amendment to Competitiveness Policy Council Act.--Section 
5205(e) of the Competitiveness Policy Council Act (15 U.S.C. 4804(e)) 
is amended by inserting ``or a lobbyist for a foreign entity (as the 
terms `lobbyist' and `foreign entity' are defined in section 3 of the 
Lobbying Disclosure Act of 1994)'' after ``an agent for a foreign 
principal''.
    (b) Amendments to Title 18, United States Code.--Section 219(a) of 
title 18, United States Code, is amended (1) by inserting ``or a 
lobbyist required to register under the Lobbying Disclosure Act of 1994 
in connection with the representation of a foreign entity, as defined 
in section 3(7) of that Act'' after ``an agent of a foreign principal 
required to register under the Foreign Agents Registration Act of 
1938'', and (2) by striking out ``, as amended,''. Section 201(c)(1) of 
such title is amended by inserting ``or rule or regulation issued 
pursuant to section 7353(b) by the supervising ethics office as defined 
in section 7353(d)(1) (A) through (E) of title 5'' after ``as provided 
by law''.
    (c) Amendment to Foreign Service Act of 1980.--Section 602(c) of 
the Foreign Service Act of 1980 (22 U.S.C. 4002(c)) is amended by 
inserting ``or a lobbyist for a foreign entity (as defined in section 
3(7) of the Lobbying Disclosure Act of 1994)'' after ``an agent of a 
foreign principal (as defined by section 1(b) of the Foreign Agents 
Registration Act of 1938)''.

SEC. 17. IDENTIFICATION OF FOREIGN CLIENT.

    (a) Oral Lobbying Contact.--Any person who makes an oral lobbying 
contact with a covered legislative branch official or a covered 
executive branch official on behalf of a foreign client shall, on the 
request of the official, identify the client on whose behalf the 
lobbying contact was made, state that such client is considered a 
foreign client under this section, and state whether such person is 
registered on behalf of that client under section 4. Such person shall, 
within one week of such lobbying contact, send to the covered 
legislative branch official or the covered executive branch official 
written confirmation of the information provided.
    (b) Written Lobbying Contact.--Any person who makes a written 
lobbying contact (including an electronic communication) with a covered 
legislative branch official or a covered executive branch official on 
behalf of a foreign client shall identify the client on whose behalf 
the lobbying contact was made, state that such client is considered a 
foreign client under this section, and state whether such person is 
registered on behalf of that client under section 4.
    (c) Definition.--For purposes of subsections (a) and (b), the term 
``foreign client'' means a foreign entity as defined in section 3(7) or 
any organization or combination of persons under United States or 
foreign law if more than 50 percent of its members are foreign 
entities, if more than 50 percent of the equitable ownership of the 
organization or combination is held by foreign entities, or if more 
than 50 percent of its financial support is provided by foreign 
entities.

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each fiscal year such 
sums as may be necessary to carry out this Act.

SEC. 19. SEVERABILITY.

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

SEC. 20. EFFECTIVE DATES AND INTERIM RULE.

    (a) In General.--Except as otherwise provided in this section, the 
provisions of this Act shall take effect 1 year after the date of the 
enactment of this Act.
    (b) Establishment of Office.--The provisions of sections 7 and 18 
and the amendments made by section 16 shall take effect on the date of 
the enactment of this Act.
    (c) Repeals and Amendments.--The repeals and amendments made under 
sections 13, 14, and 15 shall take effect as provided under subsection 
(a), except that such repeals and amendments--
            (1) shall not affect any proceeding or suit commenced 
        before the effective date under subsection (a), and in all such 
        proceedings or suits, proceedings shall be had, appeals taken, 
        and judgments rendered in the same manner and with the same 
        effect as if this Act had not been enacted; and
            (2) shall not affect the requirements of Federal agencies 
        to compile, publish, and retain information filed or received 
        before the effective date of such repeals and amendments.
    (d) Regulations.--Proposed regulations required to implement this 
Act shall be published for public comment no later than 270 days after 
the date of the enactment of this Act. No later than 1 year after the 
date of the enactment of this Act, final regulations required to 
implement this Act shall be published.
    (e) Phase-in-Period.--No penalty shall be assessed by the Director 
under section 9(e) for a violation of this Act, other than for a 
violation of section 6, which occurs during the first semiannual 
reporting period under section 5 after the effective date prescribed by 
subsection (a).
    (f) Interim Reporting Rule.--
            (1) Rule.--For 3 years after the date of the enactment of 
        this Act, any registrant engaged in lobbying activities on its 
        own behalf that is denied a deduction for expenditures 
        associated with such lobbying activities under section 162(e) 
        of the Internal Revenue Code of 1986, may make a good faith 
        estimate (by category of dollar value) of the amount of the 
        deduction denied for the applicable semiannual period to meet 
        the requirements of section 5(b)(4) of this Act. Each time a 
        registrant elects to estimate lobbying expenditures pursuant to 
        this paragraph, the registrant shall inform the Director that 
        it is making such an estimate.
            (2) Study.--Within 120 days of the filing of reports by 
        registrants under section 5 in the second semiannual reporting 
        period, the Comptroller General of the United States shall 
        review reporting by registrants under paragraph (1) in such 
        periods and report to the Congress--
                    (A) the differences between the definition of 
                lobbying activities in section 3 and the definition of 
                lobbying expenditures in such section 162(e) as each 
                are implemented by regulations;
                    (B) the impact any such differences may have on the 
                amounts reported by the registrants who elect to 
                estimate lobbying expenditures pursuant to paragraph 
                (1); and
                    (C) any changes to this Act or to such section 
                162(e) which the Comptroller General may recommend to 
                harmonize the two definitions.
    (g) Transitional Filing Requirement.--
            (1) Simultaneous filing.--Subject to the provisions of 
        paragraph (2), each registrant shall transmit simultaneously to 
        the Secretary of the Senate and the Clerk of the House of 
        Representatives an identical copy of each registration and 
        report required to be filed under this Act.
            (2) Sunset provision.--The simultaneous filing requirement 
        under paragraph (1) shall be effective until such time as the 
        Director, in consultation with the Secretary of the Senate and 
        the Clerk of the House of Representatives, determines that the 
        Office of Lobbying Registration and Public Disclosure is able 
        to provide computer telecommunication or other transmittal of 
        registrations and reports as required under section 7(b)(11).
            (3) Implementation.--The Director, the Secretary of the 
        Senate, and the Clerk of the House of Representatives shall 
        take such actions as necessary to ensure that the Office of 
        Lobbying Registration and Public Disclosure is able to provide 
        computer telecommunication or other transmittal of 
        registrations and reports as required under section 7(b)(11) on 
        the effective date of this Act, or as soon thereafter as 
        reasonably practicable.
            Attest:






                                                                 Clerk.
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