[Congressional Record Volume 140, Number 57 (Wednesday, May 11, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 11, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                    LOBBYING DISCLOSURE ACT OF 1993

  Mr. FORD. Mr. President, I ask that the Chair lay before the Senate a 
message from the House of Representatives on the bill (S. 349) to 
provide for the disclosure of lobbying activities to influence the 
Federal Government, and for other purposes.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 349) entitled 
     ``An Act to provide for the disclosure of lobbying activities 
     to influence the Federal Government, and for other 
     purposes'', do pass with the following amendment:
       Strike out all after the enacting clause, and insert:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FINDINGS.

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

     SEC. 3. DEFINITIONS.

       As used in this Act:
       (1) Agency.--The term ``agency'' has the meaning given that 
     term in section 551(1) of title 5, United States Code.
       (2) Client.--The term ``client'' means any person or entity 
     (including a State or local government) who employs or 
     retains another person for financial or other compensation to 
     conduct lobbying activities on behalf of that person or 
     entity or another person or entity. An organization whose 
     employees act as lobbyists on its own behalf is both a client 
     and an employer of such employees. In the case of any person 
     or entity that employs or retains a lobbyist to conduct 
     lobbying activities on behalf of another person or entity, 
     the client is both the person or entity that employs or 
     retains the lobbyist and the person or entity on whose behalf 
     the lobbyist conducts lobbying activities. In the case of a 
     coalition or association that employs or retains other 
     persons to conduct lobbying activities, the client is--
       (A) the coalition or association and not its individual 
     members when the lobbying activities are conducted on behalf 
     of its membership and financed by the coalition's or 
     association's dues and assessments, or
       (B) the individual member or members, when the lobbying 
     activities are, directly or indirectly, financed separately 
     by one or more individual members and not by the coalition's 
     or association's dues and assessments.
       (3) Covered executive branch official.--The term ``covered 
     executive branch official'' means--
       (A) the President or the President-elect;
       (B) the Vice President or the Vice President-elect;
       (C) any officer or employee (other than a clerical or 
     secretarial employee) of the Executive Office of the 
     President or any individual functioning in the capacity of 
     such an officer or employee on an unpaid basis;
       (D) any officer or employee serving in a position in level 
     I, II, III, IV, or V of the Executive Schedule, as designated 
     by statute or executive order;
       (E) any officer or employee serving in a Senior Executive 
     Service position, as defined in section 3132 (a)(2) of title 
     5, United States Code;
       (F) any member of the uniformed services whose pay grade is 
     at or above O-7 under section 201 of title 37, United States 
     Code; and
       (G) any officer or employee serving in a position of a 
     confidential, policy-determining, policy-making, or policy-
     advocating character described in section 7511(b)(2) of title 
     5, United States Code, including an employee listed in 
     schedule C of subpart C of part 213 of title 5 of the Code of 
     Federal Regulations.
       (4) Covered legislative branch official.--
       (A) In general.--The term ``covered legislative branch 
     official'' means--
       (i) a Member of Congress or a Member-elect of Congress;
       (ii) an elected officer of either House of Congress;
       (iii) any employee of a Member of Congress or of a 
     committee of either House of Congress;
       (iv) any employee on the leadership staff of the House of 
     Representatives and any employee on the leadership staff of 
     the Senate;
       (v) any employee of a joint committee of the Congress; and
       (vi) any employee of a working group or caucus organized to 
     provide legislative services or other assistance to Members 
     of Congress.
       (B) Definitions.--For purposes of subparagraph (A)--
       (i) the terms ``employee on the leadership staff of the 
     House of Representatives'' and ``employee on the leadership 
     staff of the Senate'' have the meanings given these terms in 
     section 207(e)(4) of title 18, United States Code;
       (ii) the term ``employee'' includes any individual 
     functioning in the capacity of an employee described in 
     subparagraph (A) on an unpaid basis but the term does not 
     include a clerical or secretarial employee, and
       (iii) the term ``Member of Congress'' means a Senator or a 
     Representative in, or Delegate or Resident Commissioner, to 
     the Congress.
       (5) Director.--The term ``Director'' means the Director of 
     the Office of Lobbying Registration and Public Disclosure.
       (6) Employee.--Except as provided in paragraph (4)(B)(ii), 
     the term ``employee'' means any individual who is an officer, 
     employee, partner, director, or proprietor of an 
     organization, but does not include--
       (A) independent contractors; or
       (B) volunteers who receive no financial or other 
     compensation from the organization for their services.
       (7) Foreign entity.--The term ``foreign entity'' means a 
     foreign principal as such term is defined in subsection (b) 
     of section 1 of the Foreign Agents Registration Act of 1938 
     (22 U.S.C. 611 (b)).
       (8) Grass roots lobbying communications.--The term ``grass 
     roots lobbying communications'' means--
       (A) any communication that attempts to influence any 
     legislation through an attempt to affect the opinions of the 
     general public or any segment thereof;
       (B) any communication between an organization and any bona 
     fide member of such organization to directly encourage such 
     member to make a communication to a covered executive branch 
     official or a covered legislative branch official with regard 
     to a matter described in clause (i), (ii), (iii), or (iv) of 
     paragraph (10)(A) of section 3; and
       (C) any communication between an organization and any bona 
     fide member of such organization to directly encourage such 
     member to urge persons other than members to communicate as 
     provided in either subparagraph (A) or subparagraph (B).
       (9) Lobbying activities.--
       (A) Definition.--The term ``lobbying activities'' means 
     lobbying contacts and efforts in support of such contacts, 
     including preparation and planning activities, research and 
     other background work that is intended at the time it is 
     performed, for use in contacts, and coordination with the 
     lobbying activities of others. Except as provided in 
     subparagraph (B), lobbying activities also include--
       (i) grass roots lobbying communications, and
       (ii) any communication described in clause (iii), (v), 
     (vii), (viii), or (xvi) of paragraph (10)(B),
     to the extent that such communications are made in support of 
     a lobbying contact.
       (B) Religious organizations.--Lobbying activities do not 
     include grass roots lobbying communications by churches, 
     their integrated auxiliaries, conventions or associations of 
     churches, and religious orders that are exempt from filing 
     Federal income tax returns under paragraph (2)(A)(i) or 
     (2)(A)(iii) of section 6033(a) of the Internal Revenue Code 
     of 1986, unless such communications are made by any person or 
     organization required to be identified under section 4(b)(5) 
     of this Act.
       (10) Lobbying contact.--
       (A) Definition.--The term ``lobbying contact'' means any 
     oral or written communication (including an electronic 
     communication) to a covered executive branch official or a 
     covered legislative branch official that is made on behalf of 
     a client with regard to--
       (i) the formulation, modification, or adoption of Federal 
     legislation (including legislative proposals);
       (ii) the formulation, modification, or adoption of a 
     Federal regulation, Executive order, or any other program, 
     policy, or position of the United States Government;
       (iii) the administration or execution of a Federal program 
     or policy (including the negotiation, award, or 
     administration of a Federal contract, grant, loan, permit, or 
     license), except that this clause does not include 
     communications that are made to any covered executive branch 
     official--

       (I) who is serving in a Senior Executive Service position 
     described in paragraph (3)(E), or
       (II) who is a member of the uniformed services whose pay 
     grade is lower than O-9 under section 201 of title 37, United 
     States Code,

     in the agency responsible for taking such administrative or 
     executive action; or
       (iv) the nomination or confirmation of a person for a 
     position subject to confirmation by the Senate.
       (B) Exceptions.--The term ``lobbying contact'' does not 
     include communications that are--
       (i) made by public officials acting in their official 
     capacity;
       (ii) made by representatives of a media organization if the 
     purpose of the communication is gathering and disseminating 
     news and information to the public;
       (iii) made in a speech, article, publication, or other 
     material which is widely distributed to the public through 
     radio, television, cable television, or other medium of mass 
     communication;
       (iv) made on behalf of a government of a foreign country or 
     a foreign political party and disclosed under the Foreign 
     Agents Registration Act of 1938 (22 U.S.C. 611 et seq.);
       (v) requests for meetings, requests for the status of 
     matters described in clauses (i), (ii), (iii), and (iv) of 
     subparagraph (A), or other similar requests, if the requests 
     do not include attempts to influence a covered executive 
     branch official or a covered legislative branch official;
       (vi) made in the course of participation in an advisory 
     committee subject to the Federal Advisory Committee Act;
       (vii) testimony given before a committee, subcommittee, or 
     task force of the Congress, or submitted for inclusion in the 
     public record of a hearing conducted by such committee, 
     subcommittee, or task force;
       (viii) information provided in writing in response to a 
     written request for specific information from a covered 
     executive branch official or a covered legislative branch 
     official;
       (ix) required by subpoena, civil investigative demand, or 
     otherwise compelled by statute, regulation, or other action 
     of the Congress or an agency;
       (x) made in response to a notice in the Federal Register, 
     Commerce Business Daily, or other similar publication 
     soliciting communications from the public and directed to the 
     agency official specifically designated in the notice to 
     receive such communications;
       (xi) not possible to report without disclosing information, 
     the unauthorized disclosure of which is prohibited by law;
       (xii) made to officials in an agency with regard to--

       (I) a judicial proceeding or a criminal or civil law 
     enforcement inquiry, investigation, or proceeding, or
       (II) a filing or proceeding that the Government is 
     specifically required by statute or regulation to maintain or 
     conduct on a confidential basis,

     if that agency is charged with responsibility for such 
     proceeding, inquiry, investigation, or filing;
       (xiii) made in compliance with written agency procedures 
     regarding an adjudication conducted by the agency under 
     section 554 of title 5, United States Code, or substantially 
     similar provisions;
       (xiv) written comments filed in the course of a public 
     proceeding or other communications that are made on the 
     record in a public proceeding;
       (xv) a petition for agency action made in writing pursuant 
     to established agency procedures;
       (xvi) made on behalf of an individual with regard to that 
     individual's benefits, employment, or other personal matters 
     involving only that individual, except that this subclause 
     does not apply to any communication with respect to the 
     formulation, modification, or adoption of private legislation 
     for the relief of that individual;
       (xvii) disclosures by an individual to the appropriate 
     authority on account of which that individual is protected 
     against adverse personnel actions, or other reprisals, under 
     the amendments made by the Whistleblower Protection Act of 
     1989, the Inspector General Act of 1978, or other provision 
     of law;
       (xviii) made by a church, its integrated auxiliary, a 
     convention or association of churches, or a religious order 
     that is exempt from filing a Federal income tax return under 
     paragraph (2)(A)(i) or (2)(A)(iii) of section 6033(a) of the 
     Internal Revenue Code of 1986 if the communication 
     constitutes the free exercise of religion or is for the 
     purpose of protecting the right to the free exercise of 
     religion; and
       (xix) between--

       (I) officials of a self-regulatory organization recognized 
     by Federal law, and
       (II) the Federal regulatory agency with jurisdiction over 
     such organization,

     relating to the regulatory responsibilities of such 
     organization under such law.
     The term ``media organization'', as used in clause (ii), 
     means an organization engaged in disseminating information to 
     the general public through a newspaper, magazine, other 
     publication, radio, television, cable television, or other 
     medium of mass communication.
       (11) Lobbyist.--The term ``lobbyist'' means any individual 
     who is employed or retained by a client for financial or 
     other compensation for services that include one or more 
     lobbying contacts, other than an individual whose lobbying 
     activities constitute less than 10 percent of the time 
     engaged in the services provided by such individual to that 
     client.
       (12) Organization.--The term ``organization'' means any 
     corporation, company, foundation, association, labor 
     organization, firm, partnership, society, joint stock 
     company, or group of organizations.
       (13) Public official.--The term ``public official'' means 
     any elected official, appointed official, or an employee of--
       (A) a Federal, State, or local unit of government in the 
     United States other than--
       (i) a college or university which is an agency or 
     instrumentality of the government of any State or of a local 
     unit of government thereof, or which is owned or operated by 
     such a government or by any agency or instrumentality of one 
     or more such governments;
       (ii) a government-sponsored enterprise as defined in 
     section 3(8) of the Congressional Budget and Impoundment 
     Control Act of 1974; or
       (iii) a public utility, including any entity that provides 
     gas, electricity, water, or communications, which is an 
     agency or instrumentality of the government of any State or 
     States or of a local unit of government of a State or which 
     is owned, controlled, or operated by such a government or by 
     any agency or instrumentality of one or more such 
     governments;
       (B) a Government corporation (as defined in section 9101 of 
     title 31, United States Code);
       (C) an organization of State or local elected or appointed 
     officials other than officials of an entity described in 
     clause (i), (ii), or (iii) of subparagraph (A);
       (D) an Indian tribe (as defined in section 4(e) of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b(e));
       (E) a national or State political party or any 
     organizational unit thereof; or
       (F) a national, regional, or local unit of any foreign 
     government.
       (14) The term ``State'' means each of the several States, 
     the District of Columbia, and any commonwealth territory, or 
     possession of the United States.

     SEC. 4. REGISTRATION OF LOBBYISTS.

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

     SEC. 5. REPORTS BY REGISTERED LOBBYISTS.

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

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

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

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

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

     SEC. 8. INITIAL PROCEDURE FOR ALLEGED VIOLATIONS.

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

     SEC. 9. DETERMINATIONS OF VIOLATIONS.

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

     SEC. 10. OTHER VIOLATIONS.

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

     SEC. 11. JUDICIAL REVIEW.

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

     SEC. 12. RULES OF CONSTRUCTION.

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

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

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

     SEC. 14. AMENDMENTS TO THE BYRD AMENDMENT.

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

     SEC. 15. REPEAL OF CERTAIN LOBBYING PROVISIONS.

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

     SEC. 16. CONFORMING AMENDMENTS TO OTHER STATUTES.

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

     SEC. 17. IDENTIFICATION OF FOREIGN CLIENT.

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

     SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 19. SEVERABILITY.

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

     SEC. 20. EFFECTIVE DATES AND INTERIM RULE.

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

  Mr. FORD. Mr. President, I ask unanimous consent that the Senate 
disagree to the House amendment, agree to the request for a conference, 
and that the Chair be authorized to appoint conferees.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The PRESIDING OFFICER (Mr. Feingold) appointed Mr. Glenn, Mr. Levin, 
Mr. Akaka, Mr. Cohen, and Mr. Stevens conferees on the part of the 
Senate.

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