[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4809 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 4809

To amend the Lobbying Disclosure Act of 1995 to require the disclosure 
of political intelligence activities, to amend title 18, United States 
 Code, to provide for restrictions on former officers, employees, and 
 elected officials of the executive and legislative branches regarding 
        political intelligence contacts, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2016

  Ms. Slaughter (for herself, Mr. Duncan of Tennessee, and Mr. Walz) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Lobbying Disclosure Act of 1995 to require the disclosure 
of political intelligence activities, to amend title 18, United States 
 Code, to provide for restrictions on former officers, employees, and 
 elected officials of the executive and legislative branches regarding 
        political intelligence contacts, 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 ``Political Intelligence Transparency 
Act of 2016''.

SEC. 2. 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 such 
        contacts and efforts of others.
            ``(18) Political intelligence contact.--
                    ``(A) Definition.--The term `political intelligence 
                contact' means any oral or written communication 
                (including an electronic communication) to a covered 
                executive branch official or a covered legislative 
                branch official, the information derived from which is 
                for use in analyzing the markets for securities, 
                commodities for future delivery, swaps, or security-
                based swaps, or in informing investment decisions in 
                any such market, and which 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;
                            ``(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); or
                            ``(iv) the nomination or confirmation of a 
                        person for a position subject to confirmation 
                        by the Senate.
                    ``(B) Exception.--The term `political intelligence 
                contact' does not include a communication that is--
                            ``(i) made by a representative of a media 
                        organization (as such term is defined in this 
                        subsection) if the purpose of the communication 
                        is gathering and disseminating news and 
                        information to the public;
                            ``(ii) made in a speech, article, 
                        publication or other material that is 
                        distributed and made available to the public, 
                        or through radio, television, cable television, 
                        or other medium of mass communication;
                            ``(iii) 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.);
                            ``(iv) a request for a meeting, a request 
                        for the status of an action, or any other 
                        similar administrative request, if the request 
                        does not include an attempt to influence a 
                        covered executive branch official or a covered 
                        legislative branch official;
                            ``(v) made in the course of participation 
                        in an advisory committee subject to the Federal 
                        Advisory Committee Act;
                            ``(vi) 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;
                            ``(vii) information provided in writing in 
                        response to an oral or written request by a 
                        covered executive branch official or a covered 
                        legislative branch official for specific 
                        information;
                            ``(viii) required by subpoena, civil 
                        investigative demand, or otherwise compelled by 
                        statute, regulation, or other action of the 
                        Congress or an agency, including any 
                        communication compelled by a Federal contract, 
                        grant, loan, permit, or license;
                            ``(ix) 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;
                            ``(x) not possible to report without 
                        disclosing information, the unauthorized 
                        disclosure of which is prohibited by law;
                            ``(xi) made to an official 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;
                            ``(xii) 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;
                            ``(xiii) a written comment filed in the 
                        course of a public proceeding or any other 
                        communication that is made on the record in a 
                        public proceeding;
                            ``(xiv) a petition for agency action made 
                        in writing and required to be a matter of 
                        public record pursuant to established agency 
                        procedures;
                            ``(xv) 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 clause 
                        does not apply to any communication with--
                                    ``(I) a covered executive branch 
                                official, or
                                    ``(II) a covered legislative branch 
                                official (other than the individual's 
                                elected Members of Congress or 
                                employees who work under such Members' 
                                direct supervision), with respect to 
                                the formulation, modification, or 
                                adoption of private legislation for the 
                                relief of that individual;
                            ``(xvi) a disclosure by an individual that 
                        is protected under the amendments made by the 
                        Whistleblower Protection Act of 1989, under the 
                        Inspector General Act of 1978, or under another 
                        provision of law;
                            ``(xvii) made by--
                                    ``(I) a church, its integrated 
                                auxiliary, or a convention or 
                                association of churches that is exempt 
                                from filing a Federal income tax return 
                                under paragraph (2)(A)(i) of section 
                                6033(a) of the Internal Revenue Code of 
                                1986, or
                                    ``(II) a religious order that is 
                                exempt from filing a Federal income tax 
                                return under paragraph (2)(A)(iii) of 
                                such section 6033(a); and
                            ``(xviii) between--
                                    ``(I) officials of a self-
                                regulatory organization (as defined in 
                                section 3(a)(26) of the Securities 
                                Exchange Act) that is registered with 
                                or established by the Securities and 
                                Exchange Commission as required by that 
                                Act or a similar organization that is 
                                designated by or registered with the 
                                Commodities Future Trading Commission 
                                as provided under the Commodity 
                                Exchange Act; and
                                    ``(II) the Securities and Exchange 
                                Commission or the Commodities Future 
                                Trading Commission, respectively;
                        relating to the regulatory responsibilities of 
                        such organization under that Act.
            ``(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, including an individual who provides 
        brokerage and research services under section 28(e) of the 
        Securities Exchange Act of 1934.
            ``(21) Security.--The term `security' has the meaning given 
        such term in section 3(a)(10) of the Securities Exchange Act of 
        1934 (15 U.S.C. 78c(a)(10)).
            ``(22) Security-based swap.--The term `security-based swap' 
        has the meaning given such term in section 3(a)(68) of the 
        Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(68)).
            ``(23) Commodity.--The term `commodity' has the meaning 
        given such term in section 1a(9) of the Commodity Exchange Act 
        (7 U.S.C. 1a(9)).
            ``(24) Swap.--The term `swap' has the meaning given such 
        term in section 1a(47) of the Commodity Exchange Act (7 U.S.C. 
        1a(47)).''.
    (b) Registration Requirement.--Section 4 of the Lobbying Disclosure 
Act of 1995 (2 U.S.C. 1603) is amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) General rule.--A lobbyist or a political intelligence 
        consultant (or, as provided under paragraph (2), the 
        organization employing such lobbyist or consultant), shall 
        register with the Secretary of the Senate and the Clerk of the 
        House of Representatives--
                    ``(A) no later than 45 days after--
                            ``(i) the lobbyist first makes a lobbying 
                        contact or is employed or retained to make a 
                        lobbying contact, whichever is earlier; or
                            ``(ii) the political intelligence 
                        consultant first makes a political intelligence 
                        contact or is employed or retained to make a 
                        political intelligence contact, whichever is 
                        earlier; or
                    ``(B) on the first business day after such 45th day 
                if the 45th day is not a business day.'';
                    (B) in paragraph (2), by inserting after 
                ``lobbyists'' each place that term appears the 
                following: ``or political intelligence consultants''; 
                and
                    (C) in paragraph (3)(A)--
                            (i) in clause (i)--
                                    (I) by inserting after ``lobbying 
                                activities'' the following: ``and 
                                political intelligence activities''; 
                                and
                                    (II) by inserting after ``lobbying 
                                firm'' the following: ``or political 
                                intelligence firm''; and
                            (ii) in clause (ii)--
                                    (I) by inserting after ``lobbying 
                                activities'' the following: ``and 
                                political intelligence activities''; 
                                and
                                    (II) by inserting after ``lobbying 
                                activities'' the following: ``or 
                                political intelligence activities'';
            (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''; 
                and
                    (D) 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'';
                    (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
                    (C) by inserting after paragraph (2), the following 
                new paragraph:
            ``(3) Rule of construction.--Any threshold dollar amount or 
        percentage described in subsection (b) relates to the sum of 
        the income, contributions, or percent equitable ownership 
        related to lobbying activities plus the income, contributions, 
        or percent equitable ownership related to political 
        intelligence activities.''; and
            (4) in subsection (d), 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: ``and 
                        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)--
                    (A) by inserting ``political intelligence firms, 
                political intelligence consultants,'' after ``lobbying 
                firms''; and
                    (B) by striking ``lobbying registrations'' and 
                inserting ``registrations'';
            (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''.

SEC. 3. RESTRICTIONS ON FORMER OFFICERS, EMPLOYEES, AND ELECTED 
              OFFICIALS OF THE EXECUTIVE AND LEGISLATIVE BRANCHES 
              REGARDING POLITICAL INTELLIGENCE CONTACTS.

    Section 207 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting after ``with the 
                intent to influence,'' the following: ``or with the 
                intent to gain information for use in analyzing 
                securities or commodities markets, or in informing 
                investment decisions in securities or commodities 
                markets,''; and
                    (B) in paragraph (2), by inserting after ``with the 
                intent to influence,'' the following: ``or with the 
                intent to gain information for use in analyzing 
                securities or commodities markets, or in informing 
                investment decisions in securities or commodities 
                markets,'';
            (2) in subsection (c)(1), by inserting after ``with the 
        intent to influence,'' the following: ``or with the intent to 
        gain information for use in analyzing securities or commodities 
        markets, or in informing investment decisions in securities or 
        commodities markets,'';
            (3) in subsection (d)(1), by inserting after ``with the 
        intent to influence,'' the following: ``or with the intent to 
        gain information for use in analyzing securities or commodities 
        markets, or in informing investment decisions in securities or 
        commodities markets,'';
            (4) in subsection (e), by inserting after ``with the intent 
        to influence,'' each place it appears the following: ``or with 
        the intent to gain information for use in analyzing securities 
        or commodities markets, or in informing investment decisions in 
        securities or commodities markets,'';
            (5) in subsection (i)(1), by inserting after ``with the 
        intent to influence,'' each place it appears the following: 
        ``or with the intent to gain information for use in analyzing 
        securities or commodities markets, or in informing investment 
        decisions in securities or commodities markets,''; and
            (6) in subsection (j), by adding at the end the following:
            ``(8) Representative of a media organization.--The 
        restrictions contained in this section relating to a 
        communication made with the intent to gain information for use 
        in analyzing securities or commodities markets, or in informing 
        investment decisions in securities or commodities markets shall 
        not apply to a communication made by a representative of a 
        media organization (as such term is defined in section 3 of the 
        Lobbying Disclosure Act of 1995 (2 U.S.C. 1602)), if the 
        purpose of the communication is gathering and disseminating 
        news and information to the public.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to any 
political intelligence contact (as defined in section 3 of the Lobbying 
Disclosure Act of 1995 (2 U.S.C. 1602), as added by section 2 of this 
Act) that is made on or after the 90th day after the date of the 
enactment of this Act.
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