[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 349 Referred in House (RFH)]

103d CONGRESS
  1st Session
                                 S. 349


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 1993

               Referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lobbying Disclosure Act of 1993''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) responsible representative Government requires public 
        awareness of the efforts of paid lobbyists to influence the 
        public decisionmaking process in both the legislative and 
        executive branches of the Federal Government;
            (2) existing lobbying disclosure statutes have been 
        ineffective because of unclear statutory language, weak 
        administration 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.
    (b) Purpose.--The purposes of this Act are to--
            (1) provide for the disclosure of the efforts of paid 
        lobbyists to influence Federal legislative or executive branch 
        officials in the conduct of Government actions; and
            (2) afford the fullest opportunity to the people of the 
        United States to exercise their constitutional right to 
        petition their Government for a redress of grievances, to 
        express their opinions freely to their Government, and to 
        provide information to their Government.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) The term ``agency'' has the same meaning as such term 
        is defined under section 551(1) of title 5, United States Code.
            (2) The term ``client'' means any person who employs or 
        retains another person for financial or other compensation to 
        conduct lobbying activities on its own behalf. An organization 
        whose employees act as lobbyists on its behalf is both a client 
        and an employer of its employee lobbyists. In the case of a 
        coalition or association that employs or retains persons to 
        conduct lobbying activities on behalf of its membership, the 
        client is the coalition or association and not its individual 
        members.
            (3) The term ``covered executive branch official'' means--
                    (A) the President;
                    (B) the Vice President;
                    (C) any officer or employee of the Executive Office 
                of the President other than a clerical or secretarial 
                employee;
                    (D) any officer or employee serving in an Executive 
                level I, II, III, IV, or V position, as designated in 
                statute or executive order;
                    (E) any officer or employee serving in a Senior 
                Executive Service position, as defined under section 
                3132(a)(2) of title 5, United States Code;
                    (F) any member of the uniformed services whose pay 
                grade is at or in excess of O-7 under section 201 of 
                title 37, United States Code; and
                    (G) any officer or employee serving in a position 
                of a confidential or policy-determining character under 
                Schedule C of the excepted service pursuant to section 
                7511 of title 5, United States Code.
            (4) The term ``covered legislative branch official'' 
        means--
                    (A) a Member of Congress;
                    (B) an elected officer of Congress;
                    (C) any employee of a Member of the House of 
                Representatives, of a committee of the House of 
                Representatives, or on the leadership staff of the 
                House of Representatives, other than a clerical or 
                secretarial employee;
                    (D) any employee of a Senator, of a Senate 
                Committee, or on the leadership staff of the Senate, 
                other than a clerical or secretarial employee; and
                    (E) any employee of a joint committee of the 
                Congress, other than a clerical or secretarial 
                employee.
            (5) The term ``Director'' means the Director of the Office 
        of Lobbying Registration and Public Disclosure.
            (6) 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 other agents who are 
                not regular employees; or
                    (B) volunteers who receive no financial or other 
                compensation from the organization for their services.
            (7) The term ``foreign entity'' means--
                    (A) a government of a foreign country or a foreign 
                political party (as such terms are defined in section 1 
                (e) and (f) of the Foreign Agents Registration Act of 
                1938, as amended (22 U.S.C. 611 (e) and (f)));
                    (B) a person whose principal place of residence is 
                outside the United States, other than a United States 
                citizen or an organization that is organized under the 
                laws of the United States or any State and has its 
                principal place of business in the United States; or
                    (C) a partnership, association, corporation, 
                organization, or other combination of persons that is 
                organized under the laws of or has its principal place 
                of business in a foreign country.
            (8) The term ``lobbying activities'' means lobbying 
        contacts and efforts in support of such contacts, including 
        preparation and planning activities, research and other 
        background work that is intended for use in contacts, and 
        coordination with the lobbying activities of others. Lobbying 
        activities include grass roots lobbying communications and 
        communications with members, as defined under section 4911 
        (d)(1)(A) and (d)(3) of the Internal Revenue Code of 1986 and 
        the regulations implementing such provisions, to the extent 
        that such activities are made in direct support of lobbying 
        contacts.
            (9)(A) The term ``lobbying contact'' means any oral or 
        written communication with a covered legislative or executive 
        branch official made on behalf of a client with regard to--
                    (i) the formulation, modification, or adoption of 
                Federal legislation (including legislative proposals);
                    (ii) the formulation, modification, or adoption of 
                a Federal rule, regulation, Executive order, or any 
                other program, policy or position of the United States 
                Government; or
                    (iii) the administration or execution of a Federal 
                program or policy (including the negotiation, award, or 
                administration of a Federal contract, grant, loan, 
                permit, or license) except that it does not include 
                communications that are made to covered executive 
                branch officials in the agency responsible for taking 
                such action who serve in the Senior Executive Service, 
                or who are members of the uniformed services whose pay 
                grade is lower than O-9 under section 201 of title 37, 
                United States Code.
            (B) The term shall not include communications that are--
                    (i) made by public officials acting in their 
                official capacity;
                    (ii) made by representatives of a media 
                organization who are primarily engaged in gathering and 
                disseminating news and information to the public;
                    (iii) made in a speech, article, publication or 
                other material that is widely distributed to the 
                public, or through the media;
                    (iv) made on behalf of a foreign principal and 
                disclosed under the Foreign Agents Registration Act of 
                1938, as amended (22 U.S.C. 611 et seq.);
                    (v) requests for appointments, requests for the 
                status of a Federal action, or other similar 
                ministerial contacts, if there is no attempt to 
                influence covered legislative or executive branch 
                officials;
                    (vi) made in the course of participation in an 
                advisory committee subject to the Federal Advisory 
                Committee Act;
                    (vii) testimony given before a committee, 
                subcommittee, or office of Congress, or submitted for 
                inclusion in the public record of a hearing conducted 
                by such committee, subcommittee, or office;
                    (viii) information provided in writing in response 
                to a specific written request from a covered 
                legislative or executive branch official;
                    (ix) required by subpoena, civil investigative 
                demand, or otherwise compelled by statute, regulation, 
                or other action of Congress or a Federal agency;
                    (x) made in response to a notice in the Federal 
                Register, Commerce Business Daily, or other similar 
                publication soliciting communications from the public 
                and directed to the agency official specifically 
                designated in the notice to receive such 
                communications;
                    (xi) not possible to report without disclosing 
                information, the unauthorized disclosure of which is 
                prohibited by law;
                    (xii) made to agency officials with regard to 
                judicial proceedings, criminal or civil law enforcement 
                inquiries, investigations or proceedings, or filings 
                required by statute or regulation;
                    (xiii) made in compliance with written agency 
                procedures regarding an adjudication conducted by the 
                agency under section 554 of title 5, United States 
                Code, or substantially similar provisions;
                    (xiv) written comments filed in a public docket and 
                other communications that are made on the record in a 
                public proceeding;
                    (xv) a formal petition for agency action, made in 
                writing pursuant to established agency procedures; and
                    (xvi) made on behalf of an individual with regard 
                to such individual's benefits, employment, other 
                personal matters involving only that individual, or 
                disclosures by that individual pursuant to applicable 
                whistleblower statutes.
            (10) The term ``lobbyist'' means any individual who is 
        employed or retained by another for financial or other 
        compensation to perform services that include lobbying 
        contacts, other than an individual whose lobbying activities 
        are only incidental to, and are not a significant part of, the 
        services provided by such individual to the client.
            (11) The term ``organization'' means any corporation 
        (excluding a Government corporation), company, foundation, 
        association, labor organization, firm, partnership, society, 
        joint stock company, or group of organizations. Such term shall 
        not include any Federal, State, or local unit of government 
        (other than a State college or university as described under 
        section 511(a)(2)(B) of the Internal Revenue Code of 1986), 
        organization of State or local elected or appointed officials, 
        any Indian tribe, any national or State political party and any 
        organizational unit thereof, or any national, regional, or 
        local unit of any foreign government.
            (12) The term ``public official'' means any elected or 
        appointed official who is a regular employee of a Federal, 
        State, or local unit of government (other than a State college 
        or university as described under section 511(a)(2)(B) of the 
        Internal Revenue Code of 1986), an organization of State or 
        local elected or appointed officials, an Indian tribe, a 
        national or State political party or any organizational unit 
        thereof, or a national, regional, or local unit of any foreign 
        government.

SEC. 4. REGISTRATION OF LOBBYISTS.

    (a) Registration.--(1) No later than 30 days after a lobbyist first 
makes a lobbying contact or agrees to make lobbying contacts, whichever 
is earlier, such lobbyist (or, as provided under subsection (c)(2), the 
organization employing such lobbyist), shall register with the Office 
of Lobbying Registration and Public Disclosure.
            (2)(A) Notwithstanding paragraph (1), any person whose 
        total income (in the case of an organization described under 
        section 5(b)(3)) or total expenses (in the case of an 
        organization described under section 5(b)(4)) in connection 
        with lobbying activities do not exceed, or are not expected to 
        exceed--
                    (i) $1,000 in a semiannual period on behalf of a 
                particular client, or
                    (ii) $5,000 in a semiannual period on behalf of all 
                clients,
        (as estimated under section 5), is not required to register 
        with respect to such client or clients.
            (B) The registration thresholds established in this 
        paragraph shall be adjusted on January 1 of each year divisible 
        by 5 to the amount equal to $1,000 and $5,000, respectively, in 
        constant 1995 dollars (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 more than $5,000 toward the 
                registrant's lobbying activities in a semiannual 
                period;
                    (B) significantly participates in the supervision 
                or control of the registrant's lobbying activities; and
                    (C) has a direct financial interest in the outcome 
                of the registrant's lobbying activities;
            (4) the name, address, principal place of business, 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, supervises, controls, directs, finances, or 
                subsidizes the registrant's lobbying activities; or
                    (C) is an affiliate of the client or any 
                organization identified under paragraph (3) that has a 
                direct interest in the outcome of the lobbying 
                activity;
            (5) a statement of the general issue areas in which the 
        registrant expects to engage in lobbying activities on behalf 
        of the client and, to the extent practicable, a list of 
        specific issues that have already been addressed or are likely 
        to be addressed (as of the date of the registration); and
            (6) the name of each employee of the registrant whom the 
        registrant expects to act as a lobbyist on behalf of the client 
        (or who has already acted as a lobbyist on behalf of the client 
        as of the date of the registration) and, if any such employee 
        has served as a covered legislative or executive branch 
        official in the 2-year period before the date on which such 
        employee first acted as a lobbyist on behalf of the client, the 
        position in which such employee served.
    (c) Guidelines for Registration.--(1) In the case of a registrant 
representing more than one client, a separate registration shall be 
filed for each client represented.
    (2) Any organization that has one or more employees who are 
lobbyists shall file a single registration for each client on behalf of 
its employees who acted as lobbyists on behalf of such client.

SEC. 5. REPORTS BY REGISTERED LOBBYISTS.

    (a) Semiannual Report.--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 it is registered, each 
registrant shall file a report with the Office of Lobbying Registration 
and Public Disclosure on its lobbying activities during such semiannual 
period.
    (b) Contents of Report.--Each semiannual report filed under this 
section 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 significant lobbying activities, 
                including a list of bill numbers and references to 
                specific regulatory actions, programs, projects, 
                contracts, grants and loans, to the maximum extent 
                practicable;
                    (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; and
                    (D) a description of the interest in the issue, if 
                any, of any foreign entity identified under section 
                4(b)(4);
            (3) in the case of a registrant lobbying 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 to lobby 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 lobbying on its own behalf, 
        a good faith estimate of the total expenses that the 
        organization and its employees incurred in connection with 
        lobbying activities during the semiannual filing period; and
            (5) in the case of a registrant described under paragraph 
        (3), the name, address, and principal place of business of any 
        person other than the client who paid the registrant to lobby 
        on behalf of the client.
    (c) Additional Information on Financial Benefits.--
            (1) In general.--In addition to the information described 
        in subsection (b), each registrant shall include in its 
        semiannual reports under subsection (a) or in a separate report 
        on financial benefits, subject to the same filing requirements, 
        a list of each individual financial benefit provided directly 
        or indirectly by a registrant (including a financial benefit 
        provided by a lobbyist employed by or a lobbyist who is a 
        member of a registrant) to a covered legislative branch 
        official, to an entity that is established, maintained, 
        controlled, or financed by a covered legislative branch 
        official, or to any other person or entity on behalf of or in 
        the name of a covered legislative branch official, disclosing--
                    (A) with respect to each financial benefit other 
                than one described in subparagraph (B), (C), or (D)--
                            (i) the name and position of the covered 
                        legislative branch official or other person or 
                        entity to whom or which the financial benefit 
                        was provided;
                            (ii) the nature of the financial benefit;
                            (iii) the date on which the financial 
                        benefit was provided; and
                            (iv) the value of the financial benefit;
                    (B) with respect to each financial benefit that is 
                in the form of a conference, retreat, or similar event 
                for or on behalf of covered legislative branch 
                officials that is sponsored by or affiliated with an 
                official congressional organization--
                            (i) the nature of the conference, retreat, 
                        or other event;
                            (ii) the date or dates on which the 
                        conference, retreat, or other event occurred;
                            (iii) the identity of the organization that 
                        sponsored or is affiliated with the event; and
                            (iv) a single aggregate figure for the 
                        expenses incurred by the registrant in 
                        connection with the conference, retreat, or 
                        similar event;
                    (C) with respect to each financial benefit that is 
                in the form of an event that is hosted or cohosted with 
                or in honor of 1 or more covered legislative branch 
                officials--
                            (i) the name and position of each such 
                        covered legislative branch official;
                            (ii) the nature of the event;
                            (iii) the date on which the event occurred; 
                        and
                            (iv) the expenses incurred by the 
                        registrant in connection with the event; and
                    (D) with respect to each financial benefit that is 
                in the form of election campaign fundraising activity--
                            (i) the name and position of the covered 
                        legislative branch official on behalf of whom 
                        the fundraising activity was performed;
                            (ii) the nature of the fundraising 
                        activity;
                            (iii) the date or dates on which the 
                        fundraising activity was performed;
                            (iv) the expenses incurred by the 
                        registrant in connection with the fundraising 
                        activity; and
                            (v) the number of contributions and the 
                        aggregate amount of contributions known by the 
                        registrant to have been made to the covered 
                        legislative branch official as a result of the 
                        fundraising activity.
            (2) Exemption.--A list described in paragraph (1) need not 
        disclose financial benefits having a value of $20 or less to 
        the extent that the aggregate value of such financial benefits 
        that are provided to or on behalf of a covered legislative 
        branch official or other person or entity during the calendar 
        year in which the semiannual period covered by the report 
        occurs has not exceeded $50.
            (3) Definition.--As used in this subsection, the term 
        ``financial benefit''--
                    (A) means anything of value given to, on behalf of, 
                or for the benefit of a covered legislative branch 
                official, including--
                            (i) a gift;
                            (ii) payment for local or long-distance 
                        transportation, entertainment, food, or 
                        lodging, whether provided in kind, by purchase 
                        of a ticket, by payment in advance or by 
                        reimbursement, or otherwise;
                            (iii) a contribution or other payment made 
                        to a third party in lieu of an honorarium on 
                        the basis of a designation, recommendation, or 
                        other specification made by the covered 
                        legislative branch official;
                            (iv) reimbursement of an expense;
                            (v) a loan; and
                            (vi) an expenditure made for a conference, 
                        retreat, or other event benefiting a covered 
                        person, but
                    (B) does not include--
                            (i) a contribution, as defined in the 
                        Federal Election Campaign Act of 1971 (2 U.S.C. 
                        431 et seq.), that is required to be reported 
                        under that Act, unless the contribution is in 
                        the form of participation in a fundraising 
                        activity on behalf of a covered legislative 
                        branch official, including the solicitation of 
                        contributions, hosting or cohosting of a 
                        fundraising event, or service on a campaign 
                        steering committee or its equivalent;
                            (ii) a modest item of food or refreshments, 
                        such as a soft drink, coffee, or doughnut, 
                        offered other than as part of a meal;
                            (iii) a greeting card or other item of 
                        little intrinsic value, such as a plaque, 
                        certificate, or trophy, that is intended solely 
                        for presentation;
                            (iv) financial benefits given under 
                        circumstances which make it clear that the 
                        benefits are motivated by a family relationship 
                        rather than the position of the recipient;
                            (v) financial benefits which are not used 
                        and which are promptly returned to the donor; 
                        or
                            (vi) widely attended receptions to which 
                        covered legislative branch officials are 
                        invited, other than events described in 
                        paragraph (1)(B) of this subsection.
    (d) Estimates of Income or Expenses.--For the purpose of this 
section, estimates of income or expenses shall be made as follows:
            (1) Income or expenses of $200,000 or less shall be 
        estimated by the following categories:
                    (A) At least $1,000 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) Income or expenses in excess of $200,000 shall be 
        estimated and rounded to the nearest $100,000.
            (3)(A) Any registrant whose total income (in the case of an 
        organization described under subsection (b)(3)) or total 
        expenses (in the case of an organization described under 
        subsection (b)(4)) in connection with lobbying activities do 
        not exceed--
                    (i) $1,000 in a semiannual period on behalf of a 
                particular client, or
                    (ii) $5,000 in a semiannual period on behalf of all 
                clients,
        (as estimated under this section), or who does not make any 
        lobbying contacts on behalf of a particular client, is deemed 
        to be inactive during such period with respect to such client 
        or clients and may comply with the reporting requirements of 
        this section by notifying the Director, in such form as the 
        Director may prescribe.
            (B) The reporting thresholds established under this 
        paragraph shall be adjusted on January 1 of each year divisible 
        by 5 to the amount equal to $1,000 and $5,000, respectively, in 
        constant 1995 dollars (rounded to the nearest $100).
            (4) In the case of registrants that are required to report 
        or identify lobbying income or expenses under sections 6033 and 
        6104 of the Internal Revenue Code of 1986, regulations 
        developed under section 6 shall provide that the amounts 
        required to be disclosed under such sections, or a good faith 
        estimate of such amounts, may be reported (by category of 
        dollar value) to meet the requirements of subsection (b) (3) or 
        (4) of this section.
            (5) 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 or agent of the registrant who 
                is separately registered under this Act.
    (e) Contacts With Congressional Committees.--For purposes of 
subsection (b)(2), any contact with a member of a congressional 
committee, an employee of a congressional committee, or an employee of 
a member of a congressional committee regarding a matter within the 
jurisdiction of such committee is a contact with the committee.
    (f) 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, on the request of the registrant, for good cause shown.

SEC. 6. ADMINISTRATIVE DUTIES OF THE OFFICE OF LOBBYING REGISTRATION 
              AND PUBLIC DISCLOSURE.

    (a) Establishment.--(1) There is established within the Department 
of Justice 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.
    (2) 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, Department of Justice.''.
    (b) Duties.--The Director of the Office of Lobbying Registration 
and Public Disclosure shall--
            (1) after notice and an 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 rules, forms, penalty 
        schedules, and procedural regulations as are necessary for the 
        implementation of this Act;
            (2) provide guidance and assistance on the registration and 
        reporting requirements of this Act, including, to the extent 
        practicable, the issuance of published decisions and advisory 
        opinions;
            (3) review and make such supplemental verifications or 
        inquiries as are necessary to ensure the completeness, 
        accuracy, and timeliness of 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 the name of the client, the lobbyist, and 
                the registrant;
                    (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 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 
        registrations until such time as they are terminated, and of 
        reports for a period of no less than 2 years from the date on 
        which the report is received;
            (8) maintain a computer record of the information contained 
        in registrations and reports for no less than 5 years after the 
        date on which such registrations and reports are received;
            (9) compile and summarize, with respect to each semiannual 
        period, the information contained in registrations and reports 
        filed during 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 this Act 
        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; and
            (12) transmit to the President and the Congress an annual 
        report describing the activities of the Office and the 
        implementation of this Act, including--
                    (A) a financial statement for the preceding year;
                    (B) a summary of the registrations and reports 
                filed with the Office in the preceding year;
                    (C) a summary of the registrations and reports 
                filed on behalf of foreign entities in the preceding 
                year; and
                    (D) recommendations for such legislative or other 
                action as the Director considers appropriate.

SEC. 7. INFORMAL RESOLUTION OF ALLEGED NONCOMPLIANCE.

    (a) Allegation of Noncompliance.--Whenever the Office of Lobbying 
Registration and Public Disclosure has reason to believe that a person 
may be in noncompliance with the requirements of this Act, the Director 
shall notify the person in writing of the nature of the alleged 
noncompliance and provide an opportunity for the person to respond in 
writing to the allegation within 30 days or such longer period as the 
Director may determine appropriate in the circumstances.
    (b) Informal Resolution.--If the person responds within 30 days or 
other time limit set by the Director, the Director shall--
            (1) take no further action, if the person provides adequate 
        information or explanation to determine that it is unlikely 
        that such person is in noncompliance with the requirements of 
        this Act;
            (2) if the person admits that there was a noncompliance and 
        corrects such noncompliance--
                    (A) in the case of a minor noncompliance, take no 
                further action; or
                    (B) in the case of a significant noncompliance, 
                treat the matter as a minor noncompliance for the 
                purpose of section 8; or
            (3) make a determination under section 8, if the 
        information or explanation provided indicates that such person 
        may be in noncompliance with the requirements of this Act.
    (c) Formal Request for Information.--If the person fails to respond 
in writing within 30 days or other time limit set by the Director, or 
the response is not adequate to determine whether such person is in 
noncompliance with the requirements of this Act, the Director may make 
a formal request for specific additional documentary information 
(subject to applicable privileges) that is reasonably necessary for the 
Director to make such determination. Each such request shall be 
structured to minimize the burden imposed, consistent with the need to 
determine whether the person is in compliance, and shall--
            (1) state the nature of the conduct constituting the 
        alleged noncompliance which is the basis for the inquiry and 
        the provision of law applicable thereto;
            (2) describe the class or classes of documentary material 
        to be produced thereunder 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 material so 
        requested may be assembled and made available for inspection 
        and copying or reproduction.
    (d) Nondisclosure of Information.--Information provided to the 
Director under this section shall not be made available to the public, 
or to any legislative or executive branch official outside the Office 
of Lobbying Registration and Public Disclosure (except as required for 
the enforcement of this Act), without the consent of the person 
providing the information, except that--
            (1) any new or amended report or registration filed in 
        connection with an inquiry under this section shall be made 
        available to the public in the same manner as any other 
        registration or report filed under section 4 or 5; and
            (2) written decisions issued by the Director under sections 
        8 and 9 may be published after appropriate redaction by the 
        Director to ensure that confidential information is not 
        disclosed.

SEC. 8. DETERMINATIONS OF NONCOMPLIANCE.

    (a) Notification and Hearing.--If the information provided to the 
Director under section 7 indicates that such person may be in 
noncompliance with the requirements of 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; and
            (2) if requested by such person within such 30-day period, 
        afford the person--
                    (A) in the case of a minor noncompliance, an 
                informal hearing at which additional evidence may be 
                presented; and
                    (B) in the case of a significant noncompliance, an 
                opportunity for a hearing on the record under the 
                provisions of section 556 of title 5, United States 
                Code.
    (b) Determination.--The Director shall review the information 
received under this section and section 7 and make a final 
determination whether there was a noncompliance and a final 
determination of the penalty, if any. If no written response or request 
for a hearing was received under this section within the 30-day period 
provided, the determination and penalty assessment shall constitute a 
final and nonappealable order.
    (c) Written Decision.--If the Director makes a final determination 
that there was a noncompliance, the Director shall issue a public 
written decision--
            (1) requiring that the noncompliance be included in a 
        publicly available list of noncompliances, to be reported to 
        the Congress on a semiannual basis;
            (2) directing the person to correct the noncompliance; and
            (3) assessing a civil monetary penalty in an amount 
        determined as follows:
                    (A) In the case of a minor noncompliance, the 
                amount shall be no more than $10,000, depending on the 
                nature and extent of the noncompliance.
                    (B) In the case of a significant noncompliance, the 
                amount shall be more than $10,000, but no more than 
                $200,000, depending on the nature and extent of the 
                noncompliance and the extent to which the person may 
                have profited from the noncompliance.
    (d) Civil Injunctive Relief.--If a person fails to comply with a 
directive to correct a noncompliance under subsection (c), the Director 
shall refer the case to the Attorney General to seek civil injunctive 
relief.
    (e) Penalty Assessments.--(1) 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 not in 
compliance with the requirements 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 
noncompliance and such other matters as justice may require. The 
Director shall not assess a penalty in an amount greater than that 
recommended by an administrative law judge after a hearing on the 
record under subsection (a)(3) unless the Director determines that the 
recommendation of the administrative law judge is arbitrary and 
capricious or an abuse of discretion.
    (2) Regulations prescribed by the Director under section 6 shall 
define minor and significant noncompliances. Significant noncompliances 
shall be defined to include a knowing failure to register and any other 
knowing noncompliance that is extensive or repeated.
    (f) Limitation.--No proceeding shall be initiated under this 
section unless the Director notifies the person who is the subject of 
the proceeding of the alleged noncompliance, pursuant to section 7, 
within 3 years after the date on which the registration or report at 
issue was filed or required to be filed.

SEC. 9. OTHER VIOLATIONS.

    (a) Late Registration or Filing; Failure To Provide Information.--
If a person registers or files more than 30 days after a registration 
or filing is required under this Act, or fails to provide information 
requested by the Director under section 7(c), the Director shall--
            (1) notify the person in writing of the noncompliance and a 
        proposed penalty assessment and provide such person with an 
        opportunity to respond in writing within 30 days; and
            (2) if requested by such person within such 30-day period, 
        afford the person an informal hearing at which additional 
        evidence may be presented.
    (b) Determination.--Unless the Director determines that the late 
filing or failure to provide information was justified, the Director 
shall make a final determination of noncompliance and a final 
determination of the penalty, if any. If no written response or request 
for a hearing was received under this section within the 30-day period 
provided, the determination and penalty assessment shall constitute a 
final and unappealable order.
    (c) Written Decision.--If the Director makes a final determination 
that there was a noncompliance, the Director shall issue a public 
written decision--
            (1) in the case of a late 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
            (2) in the case of a failure to provide information--
                    (A) directing the person to provide the information 
                within a reasonable period of time; and
                    (B) except where the noncompliance was the result 
                of a good faith dispute over the validity or 
                appropriate scope of a request for information--
                            (i) including the noncompliance in a 
                        publicly available list of noncompliances, to 
                        be reported to the Congress on a semiannual 
                        basis; and
                            (ii) assessing a civil monetary penalty in 
                        an amount not to exceed $10,000.
    (d) Civil Injunctive Relief.--In addition to the penalties provided 
in this section, the Director may refer the noncompliance to the 
Attorney General to seek civil injunctive relief.

SEC. 10. JUDICIAL REVIEW.

    (a) Final Decision.--A written decision issued by the Director 
under section 8 or 9 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 8 or 9 may appeal such decision, 
except as provided under sections 8(b) or 9(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 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.
    (d) Attorneys' Fees.--In any appeal brought under this section, in 
which the person who is the subject of such action substantially 
prevails on the merits, the court may assess against the United States 
attorneys' fees and other litigation costs reasonably incurred in the 
administrative proceeding and the appeal.

SEC. 11. RULES OF CONSTRUCTION.

    (a) 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.
    (b) 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 7 
regarding the informal resolution of alleged noncompliances and formal 
requests for information.

SEC. 12. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT.

    The Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 
611 et seq.) is amended--
            (1) in section 1--
                    (A) by amending subsection (b) to read as follows:
    ``(b) The term `foreign principal' means a government of a foreign 
country or a foreign political party.'';
                    (B) by striking out subsection (j);
                    (C) 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'';
                    (D) in subsection (p) by striking out the semicolon 
                and inserting in lieu thereof a period; and
                    (E) 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 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'';
            (4) in section 4(b) (22 U.S.C. 614(b))--
                    (A) 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.'';
            (5) in section 4(c) (22 U.S.C. 614(c)), by striking out 
        ``political propaganda'' and inserting in lieu thereof 
        ``informational materials'';
            (6) 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,'';
            (7) 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
            (8) in section 11 (22 U.S.C. 621), by striking out ``, 
        including the nature, sources, and content of political 
        propaganda disseminated or distributed.''.

SEC. 13. 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 1993 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 1993 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) Deletion of Obsolete Reporting Requirement.--Section 1352 of 
title 31, United States Code, is further amended by--
            (1) striking out subsection (d); and
            (2) redesignating subsections (e), (f), (g), and (h) as 
        subsections (d), (e), (f), and (g), respectively.

SEC. 14. 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.
    (c) Repeal of Registration Requirement Relating to Public Utility 
Lobbying Activities.--Section 12(i) of the Public Utility Holding 
Company Act of 1935 (15 U.S.C. 79l(i)) is repealed.

SEC. 15. CONFORMING AMENDMENTS TO OTHER STATUTES.

    (a) Amendment to Competitiveness Policy Council Act.--Section 
5206(e) of the Competitiveness Policy Council Act (15 U.S.C. 4804(e)) 
is amended by inserting ``or a lobbyist for a foreign entity (as the 
terms `lobbyist' and `foreign entity' are defined under section 3 of 
the Lobbying Disclosure Act of 1993)'' after ``an agent for a foreign 
principal''.
    (b) Amendment to Title 18, United States Code.--Section 219(a) of 
title 18, United States Code, is amended by inserting ``or a lobbyist 
required to register under the Lobbying Disclosure Act of 1993 in 
connection with the representation of a foreign entity as defined under 
section 3(7) of such Act,'' after ``an agent of a foreign principal 
required to register under the Foreign Agents Registration Act of 1938, 
as amended,''.
    (c) Amendment to Foreign Service Act of 1980.--Section 602(c) of 
the Foreign Service Act of 1980 (22 U.S.C. 4002(c)) is amended by 
inserting ``or a lobbyist for a foreign entity (as defined in section 
3(7) of the Lobbying Disclosure Act of 1993)'' after ``an agent of a 
foreign principal (as defined by section 1(b) of the Foreign Agents 
Registration Act of 1938)''.
    (d) Amendment to the Federal Election Campaign Act.--Section 319(b) 
of the Federal Election Campaign Act (2 U.S.C. 441e(b)) is amended--
            (1) in paragraph (1) by striking out ``or'' after the 
        semicolon;
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) a foreign entity, as such term is defined by section 
        3(7) of the Lobbying Disclosure Act of 1993; or''.

SEC. 16. 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. 17. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 18. IDENTIFICATION OF CLIENT.

    Any person who makes a lobbying contact with a covered legislative 
branch official or a covered executive branch official shall, on the 
request of the official at the time of the lobbying contact, state 
whether such person is registered under this Act and identify the 
client on whose behalf the lobbying contact is made.

SEC. 19. TRANSITIONAL FILING REQUIREMENT.

    (a) Simultaneous Filing.--Subject to the provisions of subsection 
(b), each registrant shall transmit simultaneously to the Secretary of 
the Senate and the Clerk of the House of Representatives an identical 
copy of each registration and report required to be filed under this 
Act.
    (b) Sunset Provision.--The simultaneous filing requirement under 
subsection (a) shall be effective until such time as the Director, in 
consultation with the Secretary of the Senate and the Clerk of the 
House of Representatives, determines that the Office of Lobbying 
Registration is able to provide computer telecommunication or other 
transmittal of registrations and reports as required under section 
6(b)(11).
    (c) Implementation.--The Director, the Secretary of the Senate and 
the Clerk of the House of Representatives shall take such actions as 
necessary to ensure that the Office of Lobbying Registration is able to 
provide computer telecommunication or other transmittal of 
registrations and reports as required under section 6(b)(11) on the 
effective date of this Act, or as soon thereafter as reasonably 
practicable.

SEC. 20. GOVERNMENT-SPONSORED ENTERPRISES--REPORT TO CONGRESS.

    (a) In General.--A government-sponsored enterprise (hereafter in 
this section referred to as a ``GSE'') shall submit an annual report to 
the Congress containing the following information:
            (1) A list including the name and address of each 
        contractor, consultant, agent, or employee hired by the GSE to 
        engage in--
                    (A) grass roots organizing or campaigning;
                    (B) public relations, media consulting, or image 
                advertising; or
                    (C) lobbying, including the direct and indirect 
                lobbying of the Congress.
            (2) An itemization of all costs associated with activities 
        described in paragraph (1) whether incurred by the GSE or by 
        any of its contractors, consultants, agents, or employees 
        listed pursuant to such paragraph, including entertainment 
        expenses, travel expenses, advertising costs, salaries, billing 
        rates and the total amount billed for services.
            (3) A description of any lobbying of the Congress or the 
        executive branch by employees, board members, or officers of 
        the GSE.
            (4) A description of any effort by the GSE or its agents to 
        encourage others to lobby the Congress or the executive branch.
            (5) A list of all charitable donations paid by the GSE on 
        behalf of Members of Congress or members of the executive 
        branch.
            (6) A list of the salaries and other compensation 
        (including the present value of stock options) and benefits 
        paid to the officers and board members of the GSE.
            (7) A list of all GSE employees who have been employed by 
        either the Congress or the Federal Government in the 5 years 
        preceding the report, and such employees' salary prior to being 
        hired by the GSE and their current salary.
    (b) Definition of Government-Sponsored Enterprise.--For the 
purposes of this section, the term ``government-sponsored enterprise'' 
means--
            (1) the Federal National Mortgage Association, the Federal 
        Home Loan Mortgage Corporation, the Student Loan Marketing 
        Association, and
            (2) a guaranty agency, as defined in section 435(j) of the 
        Higher Education Act of 1965 (20 U.S.C. 1085(j)).

SEC. 21. LIMITS ON ACCEPTANCE OF GIFTS, MEALS AND TRAVEL.

    It is the sense of the Senate that, as soon as possible during this 
year's session, the Senate should limit the acceptance of gifts, meals 
and travel by Members and staff in a manner substantially similar to 
the restrictions applicable to executive branch officials.

SEC. 22. DISCLOSURE OF FOREIGN CONTRIBUTIONS.

    It is the sense of the Senate that the conferees on this Act should 
seek to draft and add to this Act a constitutionally acceptable 
provision requiring additional disclosure of the contributions of 
foreign entities to the lobbying activities of registrants, as defined 
in this Act.

SEC. 23. EFFECTIVE DATES.

    (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 6 and 17 
shall take effect on the date of the enactment of this Act.
    (c) Repeals and Amendments.--The repeals and amendments made under 
sections 12, 13, and 14 of this Act 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 shall be 
published.
    (e) Phase-In Period.--No penalty shall be assessed by the Director 
for any noncompliance with this Act which occurs during the first 
semiannual reporting period after the effective date of this Act.

            Passed the Senate May 6 (legislative day, April 19), 1993.

            Attest:

                                             WALTER J. STEWART,

                                                             Secretary.

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