[Congressional Record Volume 140, Number 134 (Thursday, September 22, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 22, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                            LOBBYING REFORM

  Mr. LEVIN. Mr. President, my Governmental Affairs Subcommittee staff 
has responded to some inquires about the so-called Levin-Bryant 
proposal that Congressman Bryant and I are making to the House-Senate 
conference which is considering lobbying reform. My staff has also made 
available a summary of the proposal.
  I ask unanimous consent that the summary of that proposal and the 
proposal itself be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. --

                      Title I--Lobbying Disclosure

     SECTION 101. SHORT TITLE.

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

     SEC. 102. 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. 103. DEFINITIONS.

       As used in this title:
       (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 
     that employs or retains another person for financial or other 
     compensation to conduct lobbying activities on behalf of that 
     person or entity. A person or entity whose employees act as 
     lobbyists on its own behalf is both a client and an employer 
     of such employees. In the case of a coalition or association 
     that employees 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) an individual member or members, when the lobbying 
     activities are conducted on behalf of, and financed 
     separately by, 1 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;
       (B) the Vice President;
       (C) any officer or employee, or any other individual 
     functioning in the capacity of such an officer or employee, 
     in the Executive Office of the President;
       (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.
       (4) Covered legislative branch official.--The term 
     ``covered legislative branch official'' means--
       (A) a Member of Congress;
       (B) an elected officer of either House of Congress;
       (C) any employee of, or any other individual functioning in 
     the capacity of an employee of--
       (i) a Member of Congress;
       (ii) a committee of either House of Congress;
       (iii) the leadership staff of the House of Representatives 
     or the leadership staff of the Senate;
       (iv) a joint committee of Congress; and
       (v) a working group or caucus organized to provide 
     legislative services or other assistance to Members of 
     Congress; and
       (D) any other legislative branch employee serving in a 
     position described under section 109(13) of the Ethics in 
     Government Act of 1978 (5 U.S.C. App.).
       (5) Director.--The term ``Director'' means the Director of 
     the Office of Lobbying Registration and Public Disclosure.
       (6) Employee.--The term ``employee'' means any individual 
     who is an officer, employee, partner, director, or proprietor 
     of a person or entity, but does not include--
       (A) independent contractors; or
       (B) volunteers who receive no financial or other 
     compensation from the person or entity for their services.
       (7) Foreign entity.--The term ``foreign entity'' means a 
     foreign principle (as defined in section 1(b) of the Foreign 
     Agents Registration Act of 1938 (22 U.S.C. 611(b)).
       (8) Grassroots lobbying communications.--The term 
     ``grassroots lobbying communications'' means--
       (A) any communication that attempts to influence a matter 
     described in clause (i), (ii), (iii), or (iv) of section 
     103(10)(A) 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 
     section 103(10(A); 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 grassroots 
     lobbying communications to the extent that such 
     communications are made in support of a lobbying contact. A 
     communication in support of a lobbying contact is a lobbying 
     activity even if the communication is excluded from the 
     definition of ``lobbying contact'' under paragraph (10)(B).
       (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 an other 
     registrant or any person or entity required to be identified 
     under section 104(b)(5).
       (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 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), 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 a communication that is--
       (i) made by a public official acting in the public 
     official's official capacity;
       (ii) made by a representative 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 that is widely distributed to the public, or 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) 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;
       (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 by a covered executive branch official or a 
     covered legislative branch official for specific information;
       (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 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;
       (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) 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;
       (xv) a petition for agency action made in writing and 
     required to be a matter of public record 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 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;
       (xvii) 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;
       (xviii) 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),

     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 (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; and
       (II) the Securities and Exchange Commission,

     relating to the regulatory responsibilities of such 
     organization under that Act.
       (11) Lobbying firm.--The term ``lobbying firm'' means a 
     person or entity that has 1 or more employees who are 
     lobbyists on behalf of a client other than that person or 
     entity. The term also includes a self-employed individual who 
     is a lobbyist.
       (12) 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 contracts, 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.
       (13) Media organization.--The term ``media organization'' 
     means a person or entity engaged in disseminating information 
     to the general public through a newspaper, magazine, other 
     publication, radio, television, cable television, or other 
     medium of mass communication.
       (14) Member of congress.--The term ``Member of Congress'' 
     means a Senator or a Representative in, or Delegate or 
     Resident Commissioner to, the Congress.
       (15) Organization.--The term ``organization'' means a 
     person or entity other than an individual.
       (16) Person or entity.--The term ``person or entity'' means 
     any individual, corporation, company, foundation, 
     association, labor organization, firm, partnership, society, 
     joint stock company, group of organizations, or State or 
     local government.
       (17) Public official.--The term ``public official'' means 
     any elected official, appointed official, or employee of--
       (A) a Federal, State, or local unit of government in the 
     United States other than--
       (i) a college or university;
       (ii) a government-sponsored enterprise (as defined in 
     section 3(8) of the Congressional Budget and Impoundment 
     Control Act of 1974);
       (iii) a public utility that provides gas, electricity, 
     water, or communications;
       (iv) a guaranty agency 9as defined in section 435(j) of the 
     Higher Education Act of 1965 (20 U.S.C. 1085(j)))), including 
     any affiliate of such an agency; or
       (v) any agency of any State functioning as a student loan 
     secondary market pursuant to section 435(d)(1)(F) of the 
     Higher Education Act of 1965 (20 U.S.C. 1085(d)(1)(F));
       (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), (iii), (iv), or (v) 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.
       (18) State.--The term ``State'' means each of the several 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.

     SEC. 104. REGISTRATION OF LOBBYISTS.

       (a) Registration.--
       (1) General rule.--No 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) Employer filing.--Any organization that has 1 or more 
     employees who are lobbyists shall file a single registration 
     under this section on behalf of such employees for each 
     client on whose behalf the employees act as lobbyists.
       (3) Exemption.--
       (A) General rule.--Notwithstanding paragraphs (1) and (2), 
     a person or entity whose--
       (i) total income for matters related to lobbying activities 
     on behalf of a particular client (in the case of a lobbying 
     firm) does not exceed and is not expected to exceed $2,500; 
     or
       (ii) total expenses in connection with lobbying activities 
     (in the case of an organization whose employees engage in 
     lobbying activities on its own behalf) do not exceed or are 
     not expected to exceed $5,000,

     (as estimated under section 105) in the semiannual period 
     described in section 105(a) during which the registration 
     would be made is not required to register under subsection 
     (a) with respect to such client.
       (B) Adjustment.--The dollar amounts in subparagraphs (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 enactment of this title; 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 $500.
       (b) Contents of Registration.--Each registration under this 
     section shall be in such form as the Director shall prescribe 
     by regulation and shall contain--
       (1) the name, address, business telephone number, and 
     principal place of business of the registrant, and a general 
     description of its business or activities;
       (2) the name, address, and principal place of business of 
     the registrant's client, and a general description of its 
     business or activities (if different from paragraph (1));
       (3) the name, address, and principal place of business of 
     any organization, other than the client, that--
       (A) contributes more than $5,000 toward the lobbying 
     activities of the registrant in a semiannual period described 
     in section 105(a); and
       (B) participates 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 activities of the client or any organization identified 
     under paragraph (3); 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 entity retained by the registrant to conduct 
     grassroots lobbying communications on behalf of the 
     registrant or the client (other than an employee of the 
     registrant or a person or entity that is separately 
     registered under this title in connection with such 
     representation);
       (6) a statement of--
       (A) the general issue ares 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 first acted (after the date of enactment of this 
     Act) 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 1 client, a separate 
     registration under this section shall be filed for each such 
     client.
       (2) Multiple contacts.--A registrant who makes more than 1 
     lobbying contact for the same client shall file a single 
     registration covering all such lobbying contacts.
       (d) Termination of Registration.--A registrant who after 
     registration--
       (1) is no longer employed or retained by a client to 
     conduct lobbying activities, and
       (2) does not anticipate any additional lobbying activities 
     for such client,

     may so notify the Director and terminate its registration.

     SEC. 105. 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 104, 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) General rule.--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 lobbying firm), does not exceed and is not 
     expected to exceed $2,500; or
       (ii) total expenses in connection with lobbying activities 
     (in the case of a registrant whose employees engage in 
     lobbying activities on its own behalf) do not exceed and are 
     not expected to exceed $5,000,

     in a semiannual period (as estimated under paragraph (3) or 
     (4) of subsection (b) or paragraph (4) 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 dollar amounts in subparagraph (A) 
     shall be adjusted as provided in section 104(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 a lobbyist 
     employed by 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;
       (C) a list of the employees of the registrant who acted as 
     lobbyists on behalf of the client;
       (D) a description of the interest, if any, of any foreign 
     entity identified under section 104(b)(4) in the specific 
     issues listed under subparagraph (A); and
       (E) a list of the specific issues on which any person or 
     entity required to be identified under section 104(b)(5) has 
     engaged in grass roots lobbying communications on behalf of 
     the client;
       (3) in the case of a lobbying firm, 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;
       (5) the name, address, and principal place of business of 
     any person or entity other than the client who paid the 
     registrant to lobby on behalf of the client; and
       (6) a good faith estimate of the total expenses that the 
     registrant and its employees incurred in connection with 
     grass roots lobbying communications on behalf of the client 
     (including any amount paid, in connection with such 
     communications, to a person or entity required to be 
     identified under section 104(b)(5)).
       (c) Estimates of Income or Expenses.--For purposes of this 
     section, estimates of income or expenses shall be made as 
     follows:
       (1) $100,000 or less.--Income or expenses of $100,000 or 
     less shall be estimated in accordance with the following 
     categories:
       (A) $100,000 or less.
       (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.
       (2) More than $100,000 but not more than $500,000.--Income 
     or expenses in excess of $100,000 but not more than $500,000 
     shall be estimated and rounded to the nearest $50,000.
       (3) More than $500,000.--Income or expenses in excess of 
     $500,000 shall be estimated and rounded to the nearest 
     $100,000.
       (4) Estimates based on tax reporting system.--In the case 
     of any registrant that is required to report and does report 
     lobbying expenditures as required by section 6033(b)(8) of 
     the Internal Revenue Code of 1986, regulations prescribed 
     under section 107 shall provide that the registrant may make 
     a good faith estimate of applicable 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 
     subsections (b)(4) and (b)(6), if each time the registrant 
     makes such an estimate, the registrant informs the Director 
     that the registrant is making such an estimate.
       (5) 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 title.
       (d) Contacts.--
       (1) 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 to be 
     a contact with the committee.
       (2) 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 that 
     is not within the jurisdiction of a committee of Congress of 
     which that Member is a member shall be considered to be a 
     contact with the House of Congress of that Member.
       (3) Contacts with federal agencies.--For purposes of 
     subsection (b)(2), any contact with a covered executive 
     branch official shall be considered to be a contact with the 
     Federal agency that employs that official, except that a 
     contact with a covered executive branch official who is 
     detailed to another Federal agency or to the Congress shall 
     be considered to be a contact with the Federal agency or with 
     the committee of Congress or House of Congress to which the 
     official is detailed.
       (e) Extension for Filing.--The Director may grant an 
     extension 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. 106. PROHIBITION ON GIFTS BY LOBBYISTS, LOBBYING FIRMS, 
                   AND AGENTS OF FOREIGN PRINCIPALS.

       (a) In General.--
       (1) Prohibition.--No lobbyist or lobbying firm registered 
     under this title and no agent of a foreign principal 
     registered under the Foreign Agents Registration Act may 
     provide a gift, directly or indirectly, to any covered 
     legislative branch official.
       (2) Definition.--For purposes of this section--
       (A) the term `gift' means any gratuity, favor, discount, 
     entertainment, hospitality, loan, forbearance, or other item 
     having monetary value and such term includes gifts of 
     services, training, transportation, lodging, and meals, 
     whether provided in kind, by purchase of a ticket, payment in 
     advance, or reimbursement after the expense has been 
     incurred; and
       (B) a gift to the spouse or dependent of a covered 
     legislative branch official (or a gift to any other 
     individual based on that individual's relationship with the 
     covered legislative branch official) shall be considered a 
     gift to the covered legislative branch official if it is 
     given with the knowledge and acquiescence of the covered 
     legislative branch official and is given because of the 
     official position of the covered legislative branch official.
       (b) Gifts.--The prohibition in subsection (a) includes the 
     following:
       (1) Anything provided by a lobbyist or a foreign agent 
     which is paid for, charged to, or reimbursed by a client or 
     firm of such lobbyist or foreign agent.
       (2) Anything provided by a lobbyist, a lobbying firm, or a 
     foreign agent to an entity that is maintained or controlled 
     by a covered legislative branch official.
       (3) A charitable contribution (as defined in section 170(c) 
     of the Internal Revenue Code of 1986) made by a lobbyist, a 
     lobbying firm, or a foreign agent on the basis of a 
     designation, recommendation, or other specification of a 
     covered legislative branch official (not including a mass 
     mailing or other solicitation directed to a broad category of 
     persons or entities).
       (4) A contribution or other payment by a lobbyist, a 
     lobbying firm, or a foreign agent to a legal expense fund 
     established for the benefit of a covered legislative branch 
     official or a covered executive branch official.
       (5) A charitable contribution (as defined in section 170(c) 
     of the Internal Revenue Code of 1986) made by a lobbyist, a 
     lobbying firm, or a foreign agent in lieu of an honorarium to 
     a covered legislative branch official.
       (6) A financial contribution or expenditure made by a 
     lobbyist, a lobbying firm, or a foreign agent relating to a 
     conference, retreat, or similar event, sponsored by or 
     affiliated with an official congressional organization, for 
     or on behalf of covered legislative branch officials.
       (c) Not Gifts.--The following are not gifts subject to the 
     prohibition in subsection (a):
       (1) Anything for which the recipient pays the market value, 
     or does not use and promptly returns to the donor.
       (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, or attendance at a fundraising event 
     sponsored by a political organization described in section 
     527(e) of the Internal Revenue Code of 1986.
       (3) Food or refreshments of nominal value offered other 
     than as part of a meal.
       (4) Benefits resulting from the business, employment, or 
     other outside activities of the spouse of a covered 
     legislative branch official, if such benefits are customarily 
     provided to others in similar circumstances.
       (5) Pension and other benefits resulting from continued 
     participation in an employee welfare and benefits plan 
     maintained by a former employer.
       (6) Informational materials that are sent to the office of 
     a covered legislative branch official in the form of books, 
     articles, periodicals, other written materials, audio tapes, 
     videotapes, or other forms of communication.
       (d) Gifts Given for a Nonbusiness Purpose and Motivated by 
     Family Relationship or Close Personal Friendship.--
       (1) In general.--A gift given by an individual under 
     circumstances which make it clear that the gift is given for 
     a nonbusiness purpose and is motivated by a family 
     relationship or close personal friendship and not by the 
     position of the covered legislative branch official shall not 
     be subject to the prohibition in subsection (a).
       (2) Nonbusiness purpose.--A gift shall not be considered to 
     be given for a nonbusiness purpose if the individual giving 
     the gift seeks--
       (A) to deduct the value of such gift as a business expense 
     on the individual's Federal income tax return, or
       (B) direct or indirect reimbursement or any other 
     compensation for the value of the gift from a client or 
     employer of such lobbyist or foreign agent.
       (3) Family relationship or close personal friendship.--In 
     determining if the giving of a gift is motivated by a family 
     relationship or close personal friendship, at least the 
     following factors shall be considered:
       (A) The history of the relationship between the individual 
     giving the gift and the recipient of the gift, including 
     whether or not gifts have previously been exchanged by such 
     individuals.
       (B) Whether the gift was purchased by the individual who 
     gave the item.
       (C) Whether the individual who gave the gift also at the 
     same time gave the same or similar gifts to other covered 
     legislative branch officials.

     SEC. 107. OFFICE OF LOBBYING REGISTRATION AND PUBLIC 
                   DISCLOSURE.

       (a) Establishment and Director.--
       (1) Establishment.--There is established an executive 
     agency to be known as the Office of Lobbying Registration and 
     Public Disclosure.
       (2) Director.--(A) The Office shall be headed by a 
     Director, who shall be appointed by the President, by and 
     with the advice and consent of the Senate.
       (B) The Director shall be an individual who, by 
     demonstrated ability, background, training, and experience, 
     is qualified to carry out the functions of the position. The 
     term of service of the Director shall be 5 years.
       (C) Section 5316 of title 5, United States Code, is amended 
     by adding at the end the following: ``Director of the Office 
     of Lobbying Registration and Public Disclosure''.
       (b) Administrative Powers.--The Director may--
       (1) appoint officers and employees, including attorneys, in 
     accordance with chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, define their duties and 
     responsibilities, and direct and supervise their activities;
       (2) 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 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, but the contract 
     authority under this paragraph shall be effective for any 
     fiscal year only to the extent that appropriations are 
     available for that purpose;
       (3) request the head of any Federal department or agency 
     (who is hereby so authorized) to detail to temporary duties 
     with the Office such personnel within the agency head's 
     administrative jurisdiction as the Office may need for 
     carrying out its functions under this title, with our without 
     reimbursement;
       (4) request agency heads to provide information needed by 
     the Office, which information shall be supplied to the extent 
     permitted by law;
       (5) utilize, with their consent, the services and 
     facilities of Federal agencies with or without reimbursement;
       (6) accept, use, and dispose of gifts or donations of 
     services or property, real, personal, or mixed, tangible or 
     intangible, for purposes of aiding or facilitating the work 
     of the Office; and
       (7) use the United States mails in the same manner and 
     under the same conditions as other departments and agencies 
     of the United States.
       (c) Cooperation With Other Governmental Agencies.--In order 
     to avoid unnecessary expense and duplication of function 
     among Government agencies, the Office may make such 
     arrangements or agreements for cooperation or mutual 
     assistance in the performance of its functions under this 
     title as is practicable and consistent with law. The head of 
     the General Services Administration and each department, 
     agency, or establishment of the United States shall cooperate 
     with the Office and, to the extent permitted by law, provide 
     such information, services, personnel, and facilities as the 
     Office may request for its assistance in the performance of 
     its functions under this title.
       (d) Duties.--The Director 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, penalty guidelines, and forms as are 
     necessary to carry out this title;
       (2) provide guidance and assistance on the registration and 
     reporting requirements of this title, including--
       (A) providing information to all registrants at the time of 
     registration about the obligations of registered lobbyists 
     under this title, and
       (B) issuing published decisions and advisory opinions;
       (3) review the registrations and reports filed under this 
     title 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 title, including--
       (A) a publicly available list of all registered lobbyists 
     and their clients; and
       (B) computerized systems designed to minimize the burden of 
     filing and maximize public access to materials filed under 
     this title;
       (5) ensure that the computer systems developed pursuant to 
     paragraph (4)--
       (A) allow the materials filed under this title to be 
     accessed by the 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 title available to the public, upon the payment of 
     reasonable fees, not to exceed the cost of such copies, as 
     determined by the Director, in written and electronic 
     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 title for a period that 
     ends not less than 3 years after the termination of the 
     registration under section 104(d); and
       (B) reports filed under the title for a period that ends 
     not less than 3 years after the date on which the report is 
     received;
       (8) maintain a computer record of--
       (A) the information contained in registrations for a period 
     that ends not less than 5 years after the termination of the 
     registration under section 104(d); and
       (B) the information contained in reports filed under this 
     title for a period that ends not less than 5 years after the 
     date on which the 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 104 and 105 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 109 (after 
     exhaustion of all appeals under section 111) to have 
     committed a major or minor violation of this title and submit 
     such list to the Congress as part of the report provided for 
     under paragraph (13);
       (13) make available to the public upon request and transmit 
     to the President, the Secretary of the Senate, the Clerk of 
     the House of Representatives, the Committee on Governmental 
     Affairs of the Senate, and the Committee on the Judiciary of 
     the House of Representatives a report, not later than March 
     31 of each year, describing the activities of the Office and 
     the implementation of this title, 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; and
       (14) study the appropriateness of the definition of 
     ``public official'' under section 103(17) and make 
     recommendations for any change in such definition in the 
     first report filed pursuant to paragraph (13).

     SEC. 108. 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 or entity may be in violation of the 
     requirements of this title, the Director shall notify the 
     person or entity in writing of the nature of the alleged 
     violation and provide an opportunity for the person or entity 
     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.--
       (1) In general.--If the person or entity responds within 
     the period described in the notification under subsection 
     (a), the Director shall--
       (A) issue a written determination that the person or entity 
     has not violated this title if the person or entity provides 
     adequate information or explanation to make such 
     determination; or
       (B) make a formal request for information under subsection 
     (c) or a notification under section 109(a), if the 
     information or explanation provided is not adequate to make a 
     determination under subparagraph (A).
       (2) Written decision.--If the Director makes a 
     determination under paragraph (1)(A), the Director shall 
     issue a public written decision in accordance with section 
     110.
       (c) Formal Request for Information.--If a person or entity 
     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 or entity has 
     violated this title, 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 or entity is in 
     compliance with this title, 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 or entity 
     may assemble and make available for inspection and copying or 
     reproduction the material so requested.

     SEC. 109. DETERMINATIONS OF VIOLATIONS.

       (a) Notification and Hearing.--If the information provided 
     to the Director under section 108 indicates that a person or 
     entity may have violated this title, the Director shall--
       (1) notify the person or entity in writing of this finding 
     and, if appropriate, a proposed penalty assessment and 
     provide such person or entity with an opportunity to respond 
     in writing within 30 days after the notice is sent; and
       (2) if requested in writing by that person or entity within 
     that 30-day period, afford the person or entity 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 section 108 and this section (including evidence 
     presented at any such hearing) 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 written decision in 
     accordance with section 110--
       (A) directing the person or entity to correct the 
     violation; and
       (B) assessing a civil monetary penalty--
       (i) in the case of a minor violation, which shall be no 
     more than $10,000, depending on the extent and gravity of the 
     violation;
       (ii) in the case of a major violation, which shall be more 
     than $10,000, but no more than $200,000, depending on the 
     extent and gravity of the violation;
       (iii) in the case of a late registration or filing, which 
     shall be $200 for each week by which the registration or 
     filing was late, unless the Director determines that the 
     failure to timely register or file constitutes a major 
     violation (as defined under subsection (e)(2)) in which case 
     the amount shall be as prescribed by clause (ii); or
       (iv) in the case of a failure to provide information 
     requested by the Director pursuant to section 108(c), which 
     shall be no more than $10,000, depending on the extent and 
     gravity of the violation, except that no penalty shall be 
     assessed if 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.
       (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 
     decision in accordance with section 110.
       (d) Civil Injunctive Relief.--If a person or entity 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 
     or entity 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 or entity 
     subject to the penalty knew or should have known that such 
     person or entity was in violation of this title. 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, whether the violation was voluntarily admitted and 
     corrected, the extent to which the person or entity may have 
     profited from the violation, the ability of the person or 
     entity to pay, and such other matters as justice may require.
       (2) Regulations.--Regulations prescribed by the Director 
     under section 107 shall define major and minor violations. 
     Major violations shall be defined to include a failure to 
     register and any other violation that is extensive or 
     repeated, if the person or entity who failed to register or 
     committed such other violation--
       (A) had actual knowledge that the conduct constituted a 
     violation;
       (B) acted in deliberate ignorance of the provisions of this 
     title or regulations related to the conduct constituting a 
     violation; or
       (C) acted in reckless disregard of the provisions of this 
     title or regulations related to the conduct constituting a 
     violation.
       (f) Limitation.--No proceeding shall be initiated under 
     section 108 of this section unless the Director notifies the 
     person or entity who is to be the subject of the proceeding 
     of the alleged violation within 3 years after the date on 
     which the alleged violation occurred.

     SEC. 110. DISCLOSURE OF INFORMATION; WRITTEN DECISIONS.

       (a) Disclosure of Information.--Information provided to the 
     Director pursuant to sections 108 and 109 shall not be made 
     available to the public without the consent of the person or 
     entity providing the information, except to the extent that 
     such information may be included in--
       (1) a new or amended report or registration filed under 
     this title; or
       (2) a written decision issued by the Director under this 
     section.
       (b) Written Decisions.--All written decisions issued by the 
     Director under sections 108 and 109 shall be made available 
     to the public. The Director may provide for the publication 
     of a written decision if the Director determines that 
     publication would provide useful guidance. Before making a 
     written decision public, the Director--
       (1) shall delete information that would identify a person 
     or entity who was alleged to have violated this title if--
       (A) there was insufficient evidence to determine that the 
     person or entity violated this title or the Director found 
     that person or entity did not violate this title, and
       (B) the person or entity so requests; and
       (2) shall delete information that would identify any other 
     person or entity (other than a person or entity who was found 
     to have violated this title), if the Director determines that 
     such person or entity could reasonably be expected to be 
     injured by the disclosure of such information.

     SEC. 111. JUDICIAL REVIEW.

       (a) Final Decision.--A written decision issued by the 
     Director under section 109 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 or entity adversely affected by a 
     written decision issued by the Director under section 109 may 
     appeal such decision, except as provided under section 
     109(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 title 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. 112. RULES OF CONSTRUCTION.

       (a) Constitutional Rights.--Nothing in this title 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 Constitutions.
       (b) Prohibition of Activities.--Nothing in this title shall 
     be construed to prohibit, or to authorize the Director or any 
     court to prohibit, lobbying activities or lobbying contacts 
     by any person or entity, regardless of whether such person or 
     entity is in compliance with the requirements of this title.
       (c) Audit and Investigations.--Nothing in this title shall 
     be construed to grant general audit or investigative 
     authority to the Director.

     SEC. 113. 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 subsection (j);
       (B) in subsection (o) by striking ``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 ``any activity that 
     the person engaging in believes will, or that the person 
     intends to, in any way influence'';
       (C) in subsection (p) by striking the semicolon and 
     inserting a period; and
       (D) by striking subsection (q);
       (2) in section 3(g) (22 U.S.C. 613(g)), by striking 
     ``established agency proceedings, whether formal or 
     informal.'' and inserting ``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) 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 ``political propaganda'' and inserting 
     ``informational materials''; and
       (B) by striking ``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 
     ``political propaganda'' and inserting ``informational 
     materials''; and
       (B) by striking ``(i) in the form of prints, or'' and all 
     that follows through the end of the subsection and inserting 
     ``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 
     ``political propaganda'' and inserting ``informational 
     materials'';
       (7) in section 6 (22 U.S.C. 616)--
       (A) in subsection (a) by striking ``and all statements 
     concerning the distribution of political propaganda'';
       (B) in subsection (b) by striking ``, and one copy of every 
     item of political propaganda''; and
       (C) in subsection (c) by striking ``copies of political 
     propaganda,'';
       (8) in section 8 (22 U.S.C. 618)--
       (A) in subsection (a)(2) by striking ``or in any statement 
     under section 4(a) hereof concerning the distribution of 
     political propaganda''; and
       (B) by striking subsection (d); and
       (9) in section 11 (22 U.S.C. 621) by striking ``, including 
     the nature, sources, and content of political propaganda 
     disseminated or distributed''.

     SEC. 114. 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 subparagraphs (A), (B), 
     and (C) and inserting 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 all that follows ``loan 
     shall contain'' and inserting ``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 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. 115. 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. 116. CONFORMING AMENDMENTS TO OTHER STATUTES.

       (a) Amendment to Competitiveness Policy Council Act.--
     Section 5206(e) of the Competitiveness Policy Council Act (15 
     U.S.C. 4804(e)) is amended by inserting ``or a lobbyist for a 
     foreign entity (as the terms `lobbyist' and `foreign entity' 
     are defined under section 103 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 
     103(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,''.
       (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 103(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. 117. SEVERABILITY.

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

     SEC. 118. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for fiscal years 
     1995, 1996, 1997, 1998, and 1999 such sums as may be 
     necessary to carry out this title.

     SEC. 119. IDENTIFICATION OF CLIENTS AND COVERED OFFICIALS.

       (a) Oral Lobbying Contacts.--Any person or entity that 
     makes an oral lobbying contact with a covered legislative 
     branch official or a covered executive branch official shall, 
     on the request of the official at the time of the lobbying 
     contact--
       (1) state whether the person or entity is registered under 
     this title and identify the client on whose behalf the 
     lobbying contact is made; and
       (2) state whether such client is a foreign entity and 
     identify any foreign entity required to be disclosed under 
     section 104(b)(4) that has a direct interest in the outcome 
     of the lobbying activity.
       (b) Written Lobbying Contacts.--Any person or entity 
     registered under this title that makes a written lobbying 
     contact (including an electronic communication) with a 
     covered legislative branch official or a covered executive 
     branch official shall--
       (1) if the client on whose behalf the lobbying contact was 
     made is a foreign entity, identify such client, state that 
     the client is considered a foreign entity under this title, 
     and state whether the person making the lobbying contact is 
     registered on behalf of that client under section 104; and
       (2) identify any other foreign entity identified pursuant 
     to section 104(b)(4) that has a direct interest in the 
     outcome of the lobbying activity.
       (c) Identification as Covered Official.--Upon request by a 
     person or entity making a lobbying contact, the individual 
     who is contacted or the office employing that individual 
     shall indicate whether or not the individual is a covered 
     legislative branch official or a covered executive branch 
     official.

     SEC. 120. TRANSITIONAL FILING REQUIREMENT.

       (a) Simultaneous Filing.--Subject to subsection (b), each 
     registrant shall transmit simultaneously to the Secretary of 
     the Senate and the Clerk of the House of Representatives an 
     identical copy of each registration and report required to be 
     filed under this title.
       (b) Sunset Provision.--The simultaneous filing requirement 
     under subsection (a) shall be effective until such time as 
     the Director, in consultation with the Secretary of the 
     Senate and the Clerk of the House of Representatives, 
     determines that the Office of Lobbying Registration and 
     Public Disclosure is able to provide computer 
     telecommunication or other transmittal of registrations and 
     reports as required under section 107(b)(11).
       (c) Implementation.--The Director, the Secretary of the 
     Senate, and the Clerk of the House of Representatives shall 
     take such actions as necessary to ensure that the Office of 
     Lobbying Registration and Public Disclosure is able to 
     provide computer telecommunication or other transmittal of 
     registrations and reports as required under section 
     107(b)(11) on the effective date of this title, or as soon 
     thereafter as reasonably practicable.

     SEC. 121. EFFECTIVE DATES AND INTERIM RULES.

       (a) In General.--Except as otherwise provided in this 
     section, this title and the amendments made by this title 
     shall take effect January 1, 1996.
       (b) Effective Date of Gift Prohibition.--Section 6 shall 
     take effect on January 1, 1995. During calendar year 1995, 
     such section shall apply to any gift provided by a lobbyist 
     or an agent of a foreign principal registered under the 
     Federal Regulation of Lobbying Act or the Foreign Agents 
     Registration Act, including any person registered under such 
     Acts as of July 1, 1994, or thereafter.
       (c) Establishment of Office.--Sections 107 and 118 shall 
     take effect on the date of enactment of this Act.
       (d) Repeals and Amendments.--The repeals and amendments 
     made under sections 113, 114, 115, and 116 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 title 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.
       (e) Regulations.--Proposed regulations required to 
     implement this title 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 title 
     shall be published.
       (f) Phase-In Period.--No penalty shall be assessed by the 
     Director under section 109(e) for a violation of this title, 
     other than for a violation of section 106, which occurs 
     during the first semiannual reporting period under section 
     105 after the effective date prescribed by subsection (a).
       (g) Interim Rules.--
       (1) Reporting rule.--A person or entity that is required to 
     account for lobbying expenditures and does account for 
     lobbying expenditures pursuant to section 162(e) of the 
     Internal Revenue Code of 1986 may make a good faith estimate 
     (by category of dollar value) of the amount that would not be 
     deductible pursuant to that section for the applicable semi-
     annual period to meet the requirements of sections 104(a)(3), 
     105(a)(2), and 105(b)(4), if the person or entity--
       (A) makes such an estimate to meet the requirements of each 
     such section of this title for a given calendar year; and
       (B) informs the Director that the person or entity is 
     making such an estimate in any registration or report 
     including such an estimate.
       (2) De minimus rule.--In determining whether its employees 
     are lobbyists under section 103(12)--
       (A) a person or entity that is required to report and does 
     report lobbying expenditures pursuant to section 6033(b)(8) 
     of the Internal Revenue Code of 1986, and makes an estimate 
     of expenses pursuant to section 105(c)(4) of this title to 
     meet the requirements of sections 104(a)(3), 105(a)(2), 
     105(b)(4), and 105(b)(6) of this title, shall, in lieu of 
     using the definition of ``lobbying activities'' in section 
     103(9) of this title, consider as lobbying activities--
       (i) activities that are influencing legislation as defined 
     in section 4911(d) of the Internal Revenue Code of 1986;
       (ii) activities described in section 4911(d)(2)(C) of the 
     Internal Revenue Code of 1986; and
       (iii) lobbying activities (as defined in section 103(9)) 
     that are in support of a lobbying contact with a covered 
     executive branch official; and
       (B) a person or entity that is required to account for 
     lobbying expenditures and does account for lobbying 
     expenditures pursuant to section 162(e) of the Internal 
     Revenue Code of 1986, and makes an estimate of expenses 
     pursuant to paragraph (1) of this subsection, shall, in lieu 
     of using the definition of ``lobbying activities'' in section 
     103(9), consider as lobbying activities--
       (i) activities that are influencing legislation within the 
     meaning of section 162(e)(1)(A) of the Internal Revenue Code 
     of 1986;
       (ii) activities that are attempts to influence the general 
     public, as described in section 162(e)(1)(C) of the Internal 
     Revenue Code of 1986; and
       (iii) lobbying activities (as defined in section 103(9)) 
     that are in support of a lobbying contact with a covered 
     executive branch official.
       (3) Study.--Not later than March 31, 1997, the Comptroller 
     General of the United States shall review reporting by 
     registrants under paragraph (1) of this section and section 
     105(c)(4) and report to the Congress--
       (A) the differences between the definition of ``lobbying 
     activities'' in section 103(9) and the definitions of 
     ``lobbying expenditures'', ``influencing legislation'', and 
     related terms in sections 162(e) and 4911 of the Internal 
     Revenue Code of 1986, as each are implemented by regulations;
       (B) the impact that any such differences may have on filing 
     and reporting under this title pursuant to this subsection; 
     and
       (C) any changes to this title or to the appropriate 
     sections of the Internal Revenue Code of 1986 that the 
     Comptroller General may recommend to harmonize the 
     definitions.
       (4) Sunset period.--This subsection shall cease to be 
     effective on December 31, 1998.
       (h) Interim Director.--Within 30 days after the date of the 
     enactment of this Act, the President shall designate an 
     interim Director of the Office of Lobbying Registration and 
     Public Disclosure, who shall serve at the pleasure of the 
     President until a Director of such Office has been nominated 
     by the President and confirmed by the Senate. The interim 
     Director may not promulgate final regulations pursuant to 
     section 107(d) or initiate procedures for alleged violations 
     pursuant to sections 108 and 109.

                   TITLE II--CONGRESSIONAL GIFT RULES

     SEC. 201. AMENDMENTS TO SENATE RULES.

       Rule XXXV of the Standing Rules of the Senate is amended to 
     read as follows:
       ``1. No Member, officer, or employee of the Senate shall 
     accept a gift, knowing that such gift is provided by a 
     registered lobbyist, a lobbying firm, or an agent of a 
     foreign principal in violation of the Lobbying Disclosure Act 
     of 1994.
       ``2. (a) In addition to the restriction on receiving gifts 
     from registered lobbyists, lobbying firms, and agents of 
     foreign principals provided by paragraph 1 and except as 
     provided in this Rule, no Member, officer, or employee of the 
     Senate shall knowingly accept a gift from any other person.
       ``(b)(1) For the purpose of this Rule, the term `gift' 
     means any gratuity, favor, discount, entertainment, 
     hospitality, loan, forbearance, or other item having monetary 
     value. The term includes gifts of services, training, 
     transportation, lodging, and meals, whether provided in kind, 
     by purchase of a ticket, payment in advance, or reimbursement 
     after the expense has been incurred.
       ``(2) A gift to the spouse or dependent of a Member, 
     officer, or employee (or a gift to any other individual based 
     on that individual's relationship with the Member, officer, 
     or employee) shall be considered a gift to the Member, 
     officer, or employee if it is given with the knowledge and 
     acquiescence of the Member, officer, or employee and the 
     Member, officer, or employee has reason to believe the gift 
     was given because of the official position of the Member, 
     officer, or employee.
       ``(c) The restrictions in subparagraph (a) shall not apply 
     to the following:
       ``(1) Anything for which the Member, officer, or employee 
     pays the market value, or does not use and promptly returns 
     to the donor.
       ``(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, or attendance at a fundraising event 
     sponsored by a political organization described in section 
     527(e) of the Internal Revenue Code of 1986.
       ``(3) Anything provided by an individual on the basis of a 
     personal or family relationship unless the Member, officer, 
     or employee has reason to believe that, under the 
     circumstances, the gift was provided because of the official 
     position of the Member, officer, or employee and not because 
     of the personal or family relationship. The Select Committee 
     on Ethics shall provide guidance on the applicability of this 
     clause and examples of circumstances under which a gift may 
     be accepted under this exception.
       ``(4) A contribution or other payment to a legal expense 
     fund established for the benefit of a Member, officer, or 
     employee that is otherwise lawfully made.
       ``(5) Any food or refreshments which the recipient 
     reasonably believes to have a value of less than $20.
       ``(6) Any gift from another Member, officer, or employee of 
     the Senate or the House of Representatives.
       ``(7) Food, refreshments, lodging, and other benefits--
       ``(A) resulting from the outside business or employment 
     activities (or other outside activities that are not 
     connected to the duties of the Member, officer, or employee 
     as an officeholder) of the Member, officer, or employee, or 
     the spouse of the Member, officer, or employee, if such 
     benefits have not been offered or enhanced because of the 
     official position of the Member, officer, or employee and are 
     customarily provided to others in similar circumstances;
       ``(B) customarily provided by a prospective employer in 
     connection with bona fide employment discussions; or
       ``(C) provided by a political organization described in 
     section 527(e) of the Internal Revenue Code of 1986 in 
     connection with a fund-raising or campaign event sponsored by 
     such an organization.
       ``(8) Pension and other benefits resulting from continued 
     participation in an employee welfare and benefits plan 
     maintained by a former employer.
       ``(9) Informational materials that are sent to the office 
     of the Member, officer, or employee in the form of books, 
     articles, periodicals, other written materials, audio tapes, 
     videotapes, or other forms of communication.
       ``(10) Awards or prizes which are given to competitors in 
     contests or events open to the public, including random 
     drawings.
       ``(11) Honorary degrees (and associated travel, food, 
     refreshments, and entertainment) and other bona fide, 
     nonmonetary awards presented in recognition of public service 
     (and associated food, refreshments, and entertainment 
     provided in the presentation of such degrees and awards).
       ``(12) Donations of products from the State that the Member 
     represents that are intended primarily for promotional 
     purposes, such as display or free distribution, and are of 
     minimal value to any individual recipient.
       ``(13) Food, refreshments, and entertainment provided to a 
     Member or an employee of a Member in the Member's home State, 
     subject to reasonable limitations, to be established by the 
     Committee on Rules and Administration.
       ``(14) An item of little intrinsic value such as a greeting 
     card, baseball cap, or a T shirt.
       ``(15) Training (including food and refreshments furnished 
     to all attendees as an integral part of the training) 
     provided to a Member, officer, or employee, if such training 
     is in the interest of the Senate.
       ``(16) Bequests, inheritances, and other transfers at 
     death.
       ``(17) Any item, the receipt of which is authorized by the 
     Foreign Gifts and Decorations Act, the Mutual Educational and 
     Cultural Exchange Act, or any other statute.
       ``(18) Anything which is paid for by the Federal 
     Government, by a State or local government, or secured by the 
     Government under a Government contract.
       ``(19) A gift of personal hospitality of an individual, as 
     defined in section 109(14) of the Ethics in Government Act.
       ``(20) Free attendance at a widely attended event permitted 
     pursuant to subparagraph (d).
       ``(21) Opportunities and benefits which are--
       ``(A) available to the public or to a class consisting of 
     all Federal employees, whether or not restricted on the basis 
     of geographic consideration;
       ``(B) offered to members of a group or class in which 
     membership is unrelated to congressional employment;
       ``(C) offered to members of an organization, such as an 
     employees' association or congressional credit union, in 
     which membership is related to congressional employment and 
     similar opportunities are available to large segments of the 
     public through organizations of similar size;
       ``(D) offered to any group or class that is not defined in 
     a manner that specifically discriminates among Government 
     employees on the basis of branch of Government or type of 
     responsibility, or on a basis that favors those of higher 
     rank or rate of pay;
       ``(E) in the form of loans from banks and other financial 
     institutions on terms generally available to the public; or
       ``(F) in the form of reduced membership or other fees for 
     participation in organization activities offered to all 
     Government employees by professional organizations if the 
     only restrictions on membership relate to professional 
     qualifications.
       ``(22) A plaque, trophy, or other memento of modest value.
       ``(23) Anything for which, in an unusual case, a waiver is 
     granted by the Select Committee on Ethics.
       ``(d)(1) Except as prohibited by paragraph 1, a Member, 
     officer, or employee may accept an offer of free attendance 
     at a widely attended convention, conference, symposium, 
     forum, panel discussion, dinner, viewing, reception, or 
     similar event, provided by the sponsor of the event, if--
       ``(A) the Member, officer, or employee participates in the 
     event as a speaker or a panel participant, by presenting 
     information related to Congress or matters before Congress, 
     or by performing a ceremonial function appropriate to the 
     Member's, officer's, or employee's official position; or
       ``(B) attendance at the event is appropriate to the 
     performance of the official duties or representative function 
     of the Member, officer, or employee.
       ``(2) A Member, officer, or employee who attends an event 
     described in clause (1) may accept a sponsor's unsolicited 
     offer of free attendance at the event for an accompanying 
     individual if others in attendance will generally be 
     similarly accompanied or if such attendance is appropriate to 
     assist in the representation of the Senate.
       ``(3) Except as prohibited by paragraph 1, a Member, 
     officer, or employee, or the spouse or dependent thereof, may 
     accept a sponsor's unsolicited offer of free attendance at a 
     charity event, except that reimbursement for transportation 
     and lodging may not be accepted in connection with the event.
       ``(4) for purposes of this paragraph, the term `free 
     attendance' may include waiver of all or part of a conference 
     or other fee, the provision of local transportation, or the 
     provision of food, refreshments, entertainment, and 
     instructional materials furnished to all attendees as an 
     integral part of the event. The term does not include 
     entertainment collateral to the event, or food or 
     refreshments taken other than in a group setting with all or 
     substantially all other attendees.
       ``(e) No Member, officer, or employee may accept a gift the 
     value of which exceeds $250 on the basis of the personal 
     relationship exception in subparagraph (c)(3) or the close 
     personal friendship exception in section 106(d) of the 
     Lobbying Disclosure Act of 1994 unless the Select Committee 
     on Ethics issues a written determination that one of such 
     exceptions applies.
       ``(f)(1) The Committee on Rules and Administration is 
     authorized to adjust the dollar amount referred to in 
     subparagraph (c)(5) on a periodic basis, to the extent 
     necessary to adjust for inflation.
       ``(2) The Select Committee on Ethics shall provide guidance 
     setting forth reasonable steps that may be taken by Members, 
     officers, and employees, with a minimum of paperwork and 
     time, to prevent the acceptance of prohibited gifts from 
     lobbyists.
       ``(3) When it is not practicable to return a tangible item 
     because it is perishable, the item may, at the discretion of 
     the recipient, be given to an appropriate charity or 
     destroyed.
       ``3. (a)(1) Except as prohibited by paragraph 1, a 
     reimbursement (including payment in kind) to a Member, 
     officer, or employee for necessary transportation, lodging 
     and related expenses for travel to a meeting, speaking 
     engagement, factfinding trip or similar event in connection 
     with the duties of the Member, officer, or employee as an 
     officeholder shall be deemed to be a reimbursement to the 
     Senate and not a gift prohibited by this rule, if the Member, 
     officer, or employee--
       ``(A) in the case of an employee, receive advance 
     authorization, from the Member or officer under whose direct 
     supervision the employee works to accept reimbursement, and
       ``(B) discloses the expenses reimbursed or to be reimbursed 
     and the authorization to the Secretary of the Senate within 
     30 days after travel is completed.
       ``(2) For purposes of clause (1), events, the activities of 
     which are substantially recreational in nature, shall not be 
     considered to be in connection with the duties of a Member, 
     officer, or employee as an officeholder.
       ``(b) Each advance authorization to accept reimbursement 
     shall be assigned by the Member or officer under whose direct 
     supervision the employee works and shall include--
       ``(1) the name of the employee;
       ``(2) the name of the person who will make the 
     reimbursement;
       ``(3) the time, place, and purpose of the travel; and
       ``(4) a determination that the travel is in connection with 
     the duties of the employee as an officeholder and would not 
     create the appearance that the employee is using public 
     office for private gain.
       ``(c) Each disclosure made under subparagraph (a)(1) of 
     expenses reimbursed or to be reimbursed shall be assigned by 
     the Member or office (in the case of travel by the Member or 
     officer) or by the Member or officer under whose direct 
     supervision the employee works (in the case of travel by an 
     employee) and shall include--
       ``(1) a good faith estimate of total transportation 
     expenses reimbursed or to be reimbursed;
       ``(2) a good faith estimate of total lodging expenses 
     reimbursed or to be reimbursed;
       ``(3) a good faith estimate of total meal expenses 
     reimbursed or to be reimbursed;
       ``(4) a good faith estimate of the total of other expenses 
     reimbursed or to be reimbursed;
       ``(5) a determination that all such expenses are necessary 
     transportation, lodging, and related expenses as defined in 
     this paragraph; and
       ``(6) in the case of a reimbursement to a Member or 
     officer, a determination that the travel was in connection 
     with the duties of the Member of officer as an officeholder 
     and would not create the appearance that the Member or 
     officer is using public office for private gain.
       ``(d) For the purposes of this paragraph, the term 
     `necessary transportation, lodging, and related expenses'--
       ``(1) includes reasonable expenses that are necessary for 
     travel for a period not exceeding 3 days exclusive of 
     traveltime within the United States or 7 days exclusive of 
     traveltime outside of the United States unless approved in 
     advance by the Select Committee on Ethics;
       ``(2) is limited to reasonable expenditures for 
     transportation, lodging, conference fees and materials, and 
     food and refreshments, including reimbursement for necessary 
     transportation, whether or not such transportation occurs 
     within the periods described in clause (1);
       ``(3) does not include expenditures for recreational 
     activities, or entertainment other than that provided to all 
     attendees as an integral part of the event; and
       ``(4) may include travel expenses incurred on behalf of 
     either the spouse or a child of the Member, officer, or 
     employee, subject to a determination signed by the Member or 
     officer (or in the case of an employee, the Member or officer 
     under whose direct supervision the employee works) that the 
     attendance of the spouse or child is appropriate to assist in 
     the representation of the Senate.
       ``(e) The Secretary of the Senate shall make available to 
     the public all advance authorizations and disclosures of 
     reimbursement filed pursuant to subparagraph (a) as soon as 
     possible after they are received.''.

     SEC. 202. AMENDMENTS TO HOUSE RULES.

       Clause 4 of rule XLIII of the Rules of the House of 
     Representatives is amended read as follows:
       ``4. (a) No Member, officer, or employee of the House of 
     Representatives shall accept a gift, knowing that such gift 
     is provided directly or indirectly by a registered lobbyist, 
     a lobbying firm, or an agent of a foreign principal in 
     violation of the Lobbying Disclosure Act of 1994.
       ``(b) In addition to the restriction on receiving gifts 
     from registered lobbyists, lobbying firms, and agents of 
     foreign principals provided by paragraph (a) and except as 
     provided in this Rule, no Member, officer, or employee of the 
     House of Representatives shall knowingly accept a gift 
     from any other person.
       ``(c)(1) For the purpose of this clause, the term `gift' 
     means any gratuity, favor, discount, entertainment, 
     hospitality, loan, forbearance, or other item having monetary 
     value. The term includes gifts of services, training, 
     transportation, lodging, and meals, whether provided in kind, 
     by purchase of a ticket payment in advance, or reimbursement 
     after the expense has been incurred.
       ``(2) A gift to the spouse or dependent of a Member, 
     officer, or employee (or a gift to any other individual based 
     on that individual's relationship with the Member, officer, 
     or employee) shall be considered a gift to the Member, 
     officer, or employee if it is given with the knowledge and 
     acquiescence of the Member, officer, or employee and the 
     Member, officer, or employee has reason to believe the gift 
     was given because of the official position of the Member, 
     officer, or employee.
       ``(d) The restrictions in paragraph (b) shall not apply to 
     the following:
       ``(1) Anything for which the Member, officer, or employee 
     pays the market value, or does not use and promptly returns 
     to the donor.
       ``(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, or attendance at a fundraising event 
     sponsored by a political organization described in section 
     527(e) of the Internal Revenue Code of 1986.
       ``(3) Anything provided by an individual on the basis of a 
     personal or family relationship unless the Member, officer, 
     or employee has reason to believe that, under the 
     circumstances, the gift was provided because of the official 
     position of the Member, officer, or employee and not because 
     of the personal or family relationship. The Committee on 
     Standards of Official Conduct shall provide guidance on the 
     applicability of this clause and examples of circumstances 
     under which a gift may be accepted under this exception.
       ``(4) A contribution or other payment to a legal expense 
     fund established for the benefit of a Member, officer, or 
     employee that is otherwise lawfully made.
       ``(5) Any food or refreshments which the recipient 
     reasonably believes to have a value of less than $20.
       ``(6) Any gift from another Member, officer, or employee of 
     the Senate or the House of Representatives.
       ``(7) Food, refreshment, lodging, and other benefits--
       ``(A) resulting from the outside business or employment 
     activities (or other outside activities that are not 
     connected to the duties of the Member, officer, or employee 
     as an officeholder) of the Member, officer, or employee, or 
     the spouse of the Member, officer, or employee, if such 
     benefits have not been offered or enhanced because of the 
     official position of the Member, officer, or employee and are 
     customarily provided to others in similar circumstances;
       ``(B) customarily provided by a prospective employer in 
     connection with bona fide employment discussions; or
       ``(C) provided by a political organization described in 
     section 527(e) of the Internal Revenue Code of 1986 in 
     connection with a fund-raising or campaign event sponsored by 
     such an organization.
       ``(8) Pension and other benefits resulting from continued 
     participation in an employee welfare and benefits plan 
     maintained by a former employer.
       ``(9) Informational materials that are sent to the office 
     of the Member, officer, or employee in the form of books, 
     articles, periodicals, other written materials, audio tapes, 
     videotapes, or other forms of communication.
       ``(10) Awards or prizes which are given to competitors in 
     contests or events open to the public, including random 
     drawings.
       ``(11) Honorary degrees (and associated travel, food, 
     refreshments, and entertainment) and other bona fide, 
     nonmonetary awards presented in recognition of public service 
     (and associated food, refreshments, and entertainment 
     provided in the presentation of such degrees and awards).
       ``(12) Donations of products from the State that the Member 
     represents that are intended primarily for promotional 
     purposes, such as display or free distribution, and are of 
     minimal value to any individual recipient.
       ``(13) Food, refreshments, and entertainment provided to a 
     Member or an employee of a Member in the Member's home State, 
     subject to reasonable limitations, to be established by the 
     Committee on Standards of Official Conduct.
       ``(14) An item of little intrinsic value such as a greeting 
     card, baseball cap, or a T shirt.
       ``(15) Training (including food and refreshments furnished 
     to all attendees as an integral part of the training) 
     provided to a Member, officer, or employee, if such training 
     is in the interest of the House of Representatives.
       ``(16) Bequests, inheritances, and other transfers at 
     death.
       ``(17) Any item, the receipt of which is authorized by the 
     Foreign Gifts and Decorations Act, the Mutual Educational and 
     Cultural Exchange Act, or any other statute.
       ``(18) Anything which is paid for by the Federal 
     Government, by a State or local government, or secured by the 
     Government under a Government contract.
       ``(19) A gift of personal hospitality of an individual, as 
     defined in section 109(14) of the Ethics in Government Act.
       ``(20) Free attendance at a widely attended event permitted 
     pursuant to paragraph (e).
       ``(21) Opportunities and benefits which are--
       ``(A) available to the public or to a class consisting of 
     all Federal employees, whether or not restricted on the basis 
     of geographic consideration;
       ``(B) offered to members of a group or class in which 
     membership is unrelated to congressional employment;
       ``(C) offered to members of an organization, such as an 
     employees' association or congressional credit union, in 
     which membership is related to congressional employment and 
     similar opportunities are available to large segments of the 
     public through organizations of similar size;
       ``(D) offered to any group or class that is not defined in 
     a manner that specifically discriminates among Government 
     employees on the basis of branch of Government or type of 
     responsibility, or on a basis that favors those of higher 
     rank or rate of pay;
       ``(E) in the form of loans from banks and other financial 
     institutions on terms generally available to the public; or
       ``(F) in the form of reduced membership or other fees for 
     participation in organization activities to all Government 
     employees by professional organizations if the only 
     restrictions on membership relate to professional 
     qualifications.
       ``(22) A plaque, trophy, or other memento of modest value.
       ``(23) Anything for which, in exceptional circumstances, a 
     waiver is granted by the Committee on Standards of Official 
     Conduct.
       ``(e)(1) Except as prohibited by paragraph (a), a Member, 
     officer, or employee may accept an offer of free attendance 
     at a widely attended convention, conference, symposium, 
     forum, panel discussion, dinner, viewing, reception, or 
     similar event, provided by the sponsor of the event, if--
       ``(A) the Member, officer, or employee participates in the 
     event as a speaker or a panel participant, by presenting 
     information related to Congress or matters before Congress, 
     or by performing a ceremonial function appropriate to the 
     Member's, officer's, or employee's official position; or
       ``(B) attendance at the event is appropriate to the 
     performance of the official duties or representative function 
     of the Member, officer, or employee.
       ``(2) A Member, officer, or employee who attends an event 
     described in subparagraph (1) may accept a sponsor's 
     unsolicited offer of free attendance at the event for an 
     accompanying individual if others in attendance will 
     generally be similarly accompanied or if such attendance is 
     appropriate to assist in the representation of the House of 
     Representatives.
       ``(3) Except as prohibited by paragraph (a), a Member, 
     officer, or employee, or the spouse or dependent thereof, may 
     accept a sponsor's unsolicited offer of free attendance at a 
     charity event, except that reimbursement for transportation 
     and lodging may not be accepted in connection with the event.
       ``(4) For purposes of this paragraph, the term `free 
     attendance' may include waiver of all or part of a conference 
     or other fee, the provision of local transportation, or the 
     provision of food, refreshments, entertainment, and 
     instructional materials furnished to all attendees as an 
     integral part of the event. The term does not include 
     entertainment collateral to the event, or food or 
     refreshments taken other than in a group setting with all or 
     substantially all other attendees.
       ``(f) No Member, officer, or employee may accept a gift the 
     value of which exceeds $250 on the basis of the personal 
     relationship exception in paragraph (d)(3) or the close 
     personal friendship exception in section 106(d) of the 
     Lobbying Disclosure Act of 1994 unless the Committee on 
     Standards of Official Conduct issues a written determination 
     that one of such exceptions applies.
       ``(g)(1) The Committee on Standards of Official Conduct is 
     authorized to adjust the dollar amount referred to in 
     paragraph (c)(5) on a periodic basis, to the extent necessary 
     to adjust for inflation.
       ``(2) The Committee on Standards of Official Conduct shall 
     provide guidance setting forth reasonable steps that may be 
     taken by Members, officers, and employees, with a minimum of 
     paperwork and time, to prevent the acceptance of prohibited 
     gifts for lobbyists.
       ``(3) When it is not practicable to return a tangible item 
     because it is perishable, the item may, at the discretion of 
     the recipient, be given to an appropriate charity or 
     destroyed.
       ``(h)(1)(A) Except as prohibited by paragraph (a), a 
     reimbursement (including payment in kind) to a Member, 
     officer, or employee for necessary transportation, lodging 
     and related expenses for travel to a meeting, speaking 
     engagement, factfinding trip or similar event in connection 
     with the duties of the Member, officer, or employee as an 
     officeholder shall be deemed to be a reimbursement to the 
     House of Representatives and not a gift prohibited by this 
     paragraph, if the Member, officer, or employee--
       (i) in the case of an employee, receives advance 
     authorization, from the Member or officer under whose direct 
     supervision the employee works, to accept reimbursement, and
       (ii) discloses the expenses reimbursed or to be reimbursed 
     and the authorization to the Clerk of the House of 
     Representatives within 30 days after the travel is completed.
       ``(B) For purposes of clause (A), events, the activities of 
     which are substantially recreational in nature, shall not be 
     considered to be in connection with the duties of a Member, 
     officer, or employee as an officeholder.
       ``(2) Each advance authorization to accept reimbursement 
     shall be signed by the Member or officer under whose direct 
     supervision the employee works and shall include--
       ``(A) the name of the employee;
       ``(B) the name of the person who will make the 
     reimbursement;
       ``(C) the time, place, and purpose of the travel; and
       ``(D) a determination that the travel is in connection with 
     the duties of the employee as an officeholder and would not 
     create the appearance that the employee is using public 
     office for private gain.
       ``(3) Each disclosure made under subparagraph (1)(A) of 
     expenses reimbursed or to be reimbursed shall be signed by 
     the Member or officer (in the case of travel by that Member 
     or officer) or by the Member or Officer under whose direct 
     supervision the employee works (in the case of travel by 
     an employee) and shall include--
       ``(A) a good faith estimate of total transportation 
     expenses reimbursed or to be reimbursed;
       ``(B) a good faith estimate of total lodging expenses 
     reimbursement or to be reimbursed;
       ``(C) a good faith estimate of total meal expenses 
     reimbursed or to be reimbursed;
       ``(D) a good faith estimate of the total of other expenses 
     reimbursed or to be reimbursed;
       ``(E) a determination that all such expenses are necessary 
     transportation, lodging, and related expenses as defined in 
     this paragraph; and
       ``(F) in the case of a reimbursement to a Member or 
     officer, a determination that the travel was in connection 
     with the duties of the Member or officer as an officeholder 
     and would not create the appearance that the Member or 
     officer is using public office for private gain.
       ``(4) For the purposes of this paragraph, the term 
     `necessary transportation, lodging, and related expenses'--
       ``(A) includes reasonable expenses that are necessary for 
     travel--
       ``(i) for a period not exceeding 4 days including travel 
     time within the United States or 7 days in addition to travel 
     time outside the United States; and
       ``(ii) within 24 hours before or after participation in an 
     event in the United States or within 48 hours before or after 
     participation in an event outside the United States,

     unless approved in advance by the Committee on Standards of 
     Official Conduct;
       ``(B) is limited to reasonable expenditures for 
     transportation, lodging, conference fees and materials, and 
     food and refreshments, including reimbursement for necessary 
     transportation, whether or not such transportation occurs 
     within with periods described in clause (A);
       ``(C) does not include expenditures for recreational 
     activities or entertainment other than that provided to all 
     attendees as an integral part of the event; and
       ``(D) may include travel expenses incurred on behalf of 
     either the spouse or a child of the Member, officer, or 
     employee, subject to a determination signed by the Member or 
     officer (or in the case of an employee, the Member or officer 
     under whose direct supervision the officer or employee 
     works) that the attendance of the spouse or child is 
     appropriate to assist in the representation of the House 
     of Representatives.
       ``(5) The Clerk of the House of Representatives shall make 
     available to the public all advance authorizations and 
     disclosures of reimbursement filed pursuant to subparagraph 
     (1) as soon as possible after they are received.''.

     SEC. 203. MISCELLANEOUS PROVISIONS.

       (a) Amendments to the Ethics in Government Act.--Section 
     102(a)(2)(B) of the Ethics in Government Act (5 U.S.C. 102, 
     App. 6) is amended by adding at the end thereof the 
     following: ``Reimbursements accepted by a Federal agency 
     pursuant to section 1353 of title 31, United States Code, or 
     deemed accepted by the Senate or the House of Representatives 
     pursuant to Rule XXXV of the Standing Rules of the Senate or 
     clause 4 of Rule XLIII of the Rules of the House of 
     Representatives shall be reported as required by such statute 
     or rule and need not be reported under this section.''.
       (b) Repeal of Obsolete Provision.--Section 901 of the 
     Ethics Reform Act of 1989 (2 U.S.C. 31-2) is repealed.
       (c) Senate Provisions.--
       (1) Authority of the committee on rules and 
     administration.--The Senate Committee on Rules and 
     Administration, on behalf of the Senate, may accept gifts 
     provided they do not involve any duty, burden, or condition, 
     or are not made dependent upon some future performance by the 
     United States. The Committee on Rules and Administration is 
     authorized to promulgate regulations to carry out this 
     section.
       (2) Food, refreshments, and entertainment.--The rules on 
     acceptance of food, refreshments, and entertainment provided 
     to a Member of the Senate or an employee of such a Member in 
     the Member's home State before the adoption of reasonable 
     limitations by the Committee on Rules and Administration 
     shall be the rules in effect on the day before the effective 
     date of this title.
       (d) House Provision.--The rules on acceptance of food, 
     refreshments, and entertainment provided to a Member of the 
     House of Representatives or an employee of such a Member in 
     the Member's home State before the adoption of reasonable 
     limitations by the Committee on Standards of Official Conduct 
     shall be the rules in effect on the day before the effective 
     date of this title.

     SEC. 204. EXERCISE OF CONGRESSIONAL RULEMAKING POWERS.

       Sections 201, 202, 203(c), and 203(d) of this title are 
     enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and pursuant 
     to section 7353(b)(1) of title 5, United States Code, and 
     accordingly, they shall be considered as part of the rules of 
     each House, respectively, or of the House to which they 
     specifically apply, and such rules shall supersede other 
     rules only to the extent that they are inconsistent 
     therewith; and
       (2) with full recognition of the constitutional right of 
     either House to change such rules (insofar as they relate to 
     that House) at any time and in the same manner and to the 
     same extent as in the case of any other rule of that House.

     SEC. 205. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect on January 1, 1995.
                                  ____


                    Summary of Levin-Bryant Proposal


                         I. Lobbying Disclosure

       Closes loopholes in existing lobbying registration laws, 
     including the Federal Regulation of Lobbying Act and the 
     Foreign Agents Registration Act.
       Covers all professional lobbyists, whether they are lawyers 
     or non-lawyers, in-house or independent, and whether their 
     clients are for-profit or non-profit.
       Covers, for the first time, lobbying of policy-making 
     officials in both Congress and the Executive Branch.
       Requires disclosure of who is paying whom to lobby what 
     federal agencies and congressional committees, on what 
     issues.
       Ensures, for the first time, disclosure of grass-roots 
     lobbying expenses and issues.
       Streamlines filing by consolidating reports in a single 
     form and eliminating unnecessary paperwork requirements.
       Provides, for the first time, effective administration and 
     enforcement of disclosure requirements by an independent 
     office.


                         II. GIFT RESTRICTIONS

       Registered Lobbyists:
       Bans virtually all gifts from registered lobbyists 
     including meals, entertainment, travel, charitable 
     contributions on Member's recommendation, contributions to 
     legal expense funds, contributions to congressional retreats. 
     Allows only food and refreshment of minimal value not offered 
     as part of a meal, campaign contributions and attendance at 
     political events, informational materials and gifts from 
     close personal friends and family members.
       Enforcement of gifts from registered lobbyists is by Office 
     of Lobbying Registration and Public Disclosure, a new 
     independent agency in the Executive Branch.
       All Other Persons:
       Signficantly restricts gifts from everyone other than 
     registered lobbyists. Bans ``hard'' gifts and gifts of 
     entertainment. Bans all other gifts except those of minimal 
     value such as--food and refreshments less than $20; items of 
     little intrinsic value; informational materials; plaques and 
     mementos; home state products. Allows gifts based on personal 
     and family relationship unless the Member has reason to 
     believe that the gift was provided because of the Member's 
     official position and not the relationship. Allows gifts of 
     food, refreshment and entertainment in the Member's home 
     state subject to reasonable limits set by the Rules 
     Committee. Allows personal hospitality, attendance at the 
     invitation of the sponsor at a widely-attended event, 
     attendance at the invitation of the sponsor at a charity 
     event, campaign contributions and attendance at political 
     events, honorary degrees, gifts resulting from outside 
     employment.
       Enforcement is by the House and Senate Ethics Committee.


                           III. Travel Rules

       All travel that is ``substantially recreational'' is banned 
     including all charitable golf, tennis, ski and other such 
     trips.
       Travel in connection with official duties is limited and 
     disclosed within 30 days.
       Members must approve staff travel in advance.

  Mr. LEVIN. I thank the Chair and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. MITCHELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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