Disclosure of political intelligence activities under Lobbying Disclosure Act

(a)

Definitions

Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is amended— (1)in paragraph (2)— (A)by inserting after lobbying activities each place that term appears the following: or political intelligence activities; and (B)by inserting after lobbyists the following: or political intelligence consultants; and (2)by adding at the end the following new paragraphs:

(17)

Political intelligence activities

The term political intelligence activities means political intelligence 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 political intelligence activities of others. (18)

Political intelligence contact

(A)

Definition

The term political intelligence contact means any oral or written communication (including an electronic communication) to or from a covered executive branch official or a covered legislative branch official, the information derived from which is intended for use in analyzing securities or commodities markets, or in informing investment decisions, that is made on behalf of a client with regard to— (i)the formulation, modification, or adoption of Federal legislation (including legislative proposals); (ii)the formulation, modification, or adoption of a Federal rule, regulation, Executive order, or any other program, policy, or position of the United States Government; 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). (B)

Exception

The term political intelligence contact does not include a communication that is made by or to a representative of the media if the purpose of the communication is gathering and disseminating news and information to the public. (19)

Political intelligence firm

The term political intelligence firm means a person or entity that has 1 or more employees who are political intelligence consultants to a client other than that person or entity. (20)

Political intelligence consultant

The term political intelligence consultant means any individual who is employed or retained by a client for financial or other compensation for services that include one or more political intelligence contacts.

(b)

Registration requirement

Section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is amended— (1)in subsection (a)— (A)in paragraph (1)— (i)by inserting after whichever is earlier, the following: or a political intelligence consultant first makes a political intelligence contact,; and (ii)by inserting after such lobbyist each place that term appears the following: or consultant; (B)in paragraph (2), by inserting after lobbyists each place that term appears the following: or consultants; and (C)in paragraph (3)(A)— (i)by inserting after lobbying activities each place that term appears the following: and political intelligence activities; and (ii)in clause (i), by inserting after lobbying firm the following: or political intelligence firm; (2)in subsection (b)— (A)in paragraph (3), by inserting after lobbying activities each place that term appears the following: or political intelligence activities; (B)in paragraph (4)— (i)in the matter preceding subparagraph (A), by inserting after lobbying activities the following: or political intelligence activities; and (ii)in subparagraph (C), by inserting after lobbying activity the following: or political intelligence activity; (C)in paragraph (5), by inserting after lobbying activities each place that term appears the following: or political intelligence activities; (D)in paragraph (6), by inserting after lobbyist each place that term appears the following: or political intelligence consultant; and (E)in the matter following paragraph (6), by inserting or political intelligence activities after such lobbying activities; (3)in subsection (c)— (A)in paragraph (1), by inserting after lobbying contacts the following: or political intelligence contacts; and (B)in paragraph (2)— (i)by inserting after lobbying contact the following: or political intelligence contact; and (ii)by inserting after lobbying contacts the following: and political intelligence contacts; and (4)in subsection (d)(1), by inserting after lobbying activities each place that term appears the following: or political intelligence activities. (c)

Reports by registered political intelligence consultants

Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended— (1)in subsection (a), by inserting after lobbying activities the following: and political intelligence activities; (2)in subsection (b)— (A)in paragraph (2)— (i)in the matter preceding subparagraph (A), by inserting after lobbying activities the following: or political intelligence activities; (ii)in subparagraph (A)— (I)by inserting after lobbyist the following: or political intelligence consultant; and (II)by inserting after lobbying activities the following: or political intelligence activities; (iii)in subparagraph (B), by inserting after lobbyists the following: or political intelligence consultants; and (iv)in subparagraph (C), by inserting after lobbyists the following: or political intelligence consultants; (B)in paragraph (3)— (i)by inserting after lobbying firm the following: or political intelligence firm; and (ii)by inserting after lobbying activities each place that term appears the following: or political intelligence activities; and (C)in paragraph (4), by inserting after lobbying activities each place that term appears the following: or political intelligence activities; and (3)in subsection (d)(1), in the matter preceding subparagraph (A), by inserting or a political intelligence consultant after a lobbyist. (d)

Disclosure and enforcement

Section 6(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended— (1)in paragraph (3)(A), by inserting after lobbying firms the following: , political intelligence consultants, political intelligence firms,; (2)in paragraph (7), by striking or lobbying firm and inserting lobbying firm, political intelligence consultant, or political intelligence firm; and (3)in paragraph (8), by striking or lobbying firm and inserting lobbying firm, political intelligence consultant, or political intelligence firm. (e)

Rules of construction

Section 8(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1607(b)) is amended by striking or lobbying contacts and inserting lobbying contacts, political intelligence activities, or political intelligence contacts. (f)

Identification of clients and covered officials

Section 14 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) is amended— (1)in subsection (a)— (A)in the heading, by inserting

or political intelligence

after

lobbying

; (B)by inserting or political intelligence contact after lobbying contact each place that term appears; and (C)in paragraph (2), by inserting or political intelligence activity, as the case may be after lobbying activity; (2)in subsection (b)— (A)in the heading, by inserting

or political intelligence

after

lobbying

; (B)by inserting or political intelligence contact after lobbying contact each place that term appears; and (C)in paragraph (2), by inserting or political intelligence activity, as the case may be after lobbying activity; and (3)in subsection (c), by inserting or political intelligence contact after lobbying contact. (g)

Annual audits and reports by Comptroller General

Section 26 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1614) is amended— (1)in subsection (a), by inserting political intelligence firms, political intelligence consultants, after lobbying firms; (2)in subsection (b)(1)(A), by inserting political intelligence firms, political intelligence consultants, after lobbying firms; and (3)in subsection (c), by inserting or political intelligence consultant after a lobbyist.