[Congressional Record Volume 141, Number 181 (Wednesday, November 15, 1995)]
[House]
[Pages H12507-H12508]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 2564

                        Offered By: Mr. Clinger

       Amendment No. 3: Beginning on page 25, redesignate sections 
     8 through 24 as sections 9 through 25, respectively, strike 
     ``this Act'' each place it occurs and insert ``this Act 
     (other than section 8)'', and insert after line 2 the 
     following:

     SEC. 8. PROHIBITION ON USE OF APPROPRIATIONS FOR LOBBYING.

       (a) In General.--Subchapter III of chapter 13 of title 31, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1354. Prohibition on lobbying by Federal agencies

       ``(a) Prohibition.--Except as provided in subsection (b), 
     until or unless such activity has been specifically 
     authorized by an Act of Congress and notwithstanding any 
     other provision of law, no funds made available to any 
     Federal agency, by appropriation or otherwise, shall be used 
     by such agency for any activity (including the preparation, 
     publication, distribution, or use of any kit, pamphlet, 
     booklet, public presentation, news release, radio, 
     television, or film presentation, video, or other written or 
     oral statement) that is intended to promote public support or 
     opposition to any legislative proposal (including the 
     confirmation of the nomination of a public official or the 
     ratification of a treaty) on which congressional action is 
     not complete.
       ``(b) Construction.--
       (1) Communications.--Subsection (a) shall not be construed 
     to prevent officers or employees of Federal agencies from 
     communicating directly to Members of Congress, through the 
     proper official channels, their requests for legislation or 
     appropriations that they deem necessary for the efficient 
     conduct of the public business or from responding to requests 
     for information made by Members of Congress.
       ``(2) Officials.--Subsection (a) shall not be construed to 
     prevent the President, Vice President, any Federal agency 
     official whose appointment is confirmed by the Senate, any 
     official in the Executive Office of the President directly 
     appointed by the President or Vice President, or the head of 
     any Federal agency described in paragraph (2) or (3) of 
     subsection (d), from communicating with the American public, 
     through radio, television, or other public communication 
     media, on the views of the President for or against any 
     pending legislative proposal. The preceding sentence shall 
     not permit any such official to delegate to another person 
     the authority to make communications subject to the exemption 
     provided by such sentence.
       ``(c) Comptroller General.--
       ``(1) Assistance of inspector general.--In exercising the 
     authority provided in section 712, as applied to this 
     section, the Comptroller General may obtain, without 
     reimbursement from the Comptroller General, the assistance of 
     the Inspector General within whose Federal agency activity 
     prohibited by subsection (a) of this section is under review.
       ``(2) Evaluation.--One year after the date of the enactment 
     of this section, the Comptroller General shall report to the 
     Committee on Government Reform and Oversight of the House of 
     Representatives and the Committee on Governmental Affairs of 
     the Senate on the implementation of this section.
       ``(3) Annual report.--The Comptroller General shall, in the 
     annual report under section 719(a), include summaries of 
     investigations undertaken by the Comptroller General with 
     respect to subsection (a).
       ``(d) Definition.--For purpose of this section, the term 
     `Federal agency' means--
       ``(1) any executive agency, within the meaning of section 
     105 of title 5;
       ``(2) any government-sponsored enterprise, within the 
     meaning of section 3(8) of the Congressional Budget Act of 
     1974; and
       ``(3) any private corporation created by a law of the 
     United States for which the Congress appropriates funds.''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 13 of title 31, United States Code, is amended by 
     inserting after the item relating to section 1353 the 
     following new item:

``1354. Prohibition on lobbying by Federal agencies.''.

       (c) Applicability.--The amendments made by this section 
     shall apply to the use of funds after the date of the 
     enactment of this Act, including funds appropriated or 
     received on or before such date.

                               H.R. 2564

                        Offered By: Mr. DeFazio

       Amendment No. 4: At the appropriate point in the bill:

     SEC.   . RECORD OF VISITS BY LOBBYISTS.

       Each Member of the House of Representatives and the Senate 
     shall keep a record available to any member of the public, in 
     which shall be recorded each visit to such Member by an 
     individual who is registered under section 308 of the Federal 
     Regulation of Lobbying Act (2 U.S.C. 267). Such record shall 
     include the date of the visit recorded, the name and 
     affiliation of the individual who made the visit, and the 
     subject of the visit to such Member. At the end of each 
     calendar quarter, such record shall be transmitted to the 
     Clerk of the House of Representatives.

     SEC.   . EFFECTIVE DATE.

       Section    shall take effect on January 1, 1996.

                               H.R. 2564

                        Offered By: Mr. Dingell

       Amendment No. 5: Add at the end of section 14 the 
     following:
       (d) Misuse of Name.--
       (1) Amendment.--Chapter 47 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 1035. Misappropriation of Person's Name in Connection 
       with Lobbying Contact

       ``Whoever falsely uses or employs the name of any person, 
     or causes such name to be falsely used or employed, in any 
     telegram, letter, other printed or written matter, or 
     electronic communication intended or designed to influence in 
     any manner a Member of Congress to favor or oppose, by vote 
     or otherwise, any legislation before the Congress or any 
     nomination pending before the Senate, whether before or after 
     the introduction of such legislation or the submission of 
     such nomination, for the purpose of conveying the impression 
     that such person authorized such use or employment of the 
     person's name shall be fined under this title or imprisoned 
     for not more than one year, or both.''.
       (2) Conforming amendment.--The table of sections for such 
     chapter 47 is amended by adding at the end the following:

``1035. Misappropriation of person's name in connection with lobbying 
              contact.''.

                               H.R. 2564

                  Offered By: Mr. Fox of Pennsylvania

       Amendment No. 6: Page 23, insert after line 2 the 
     following:
       (d) Prohibition on Gifts.--
       (1) In general.--No lobbyist who is registered under 
     section 4 may provide any gift to a Member of the House of 
     Representatives, a Senator, or an officer or employee of the 
     House of Representatives or the Senate unless the lobbyist is 
     related to the Member, Senator, or officer or employee.
       (2) Definition.--For the purpose of paragraph (1), 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.
       (3) Exception.--The restriction in paragraph (1) shall not 
     apply to the following:
       (A) Anything for which the Member, Senator, officer, or 
     employee pays the market value, or does not use and promptly 
     returns to the donor.
       (B) A contribution, as defined in section 301(8) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) 
     that is lawfully made under that Act, a contribution for 
     election to a State or local government office limited as 
     prescribed by section 301(8)(B) of such Act, or attendance at 
     a fundraising event sponsored by a political organization 
     described in section 527(e) of the Internal Revenue Code of 
     1986.
       (C) A gift from a relative as described in section 109(5) 
     of title I of the Ethics in Government Act of 1978 (Public 
     Law 95-521).
       (D)(i) Anything provided by an individual on the basis of a 
     personal friendship unless the Member, Senator, officer, or 
     employee has reason to believe that, under the circumstances, 
     the gift was provided because of the official position of the 
     Member, Senator, officer, or employee and not because of the 
     personal friendship.
       (ii) In determining whether a gift is provided on the basis 
     of personal friendship, the Member, Senator, officer, or 
     employee shall consider the circumstances under which the 
     gift was offered, such as:
       (I) The history of the relationship between the individual 
     giving the gift and the recipient of the gift, including any 
     previous exchange of gifts between such individuals.
       (II) Whether to the actual knowledge of the Member, 
     Senator, officer, or employee the individual who gave the 
     gift personally paid for the gift or sought a tax deduction 
     or business reimbursement for the gift.
       (III) Whether to the actual knowledge of the Member, 
     Senator, officer, or employee the individual who gave the 
     gift also at the same time gave the same or similar gifts to 
     other Members, officers, or employees.
       (E) A contribution or other payment to a legal expense fund 
     established for the benefit of a Member, Senator, officer, or 
     employee that is otherwise lawfully made in accordance with 
     the restrictions and disclosure requirements of the Committee 
     on Standards of Official Conduct.
       (F) Any gift from another Member, Senator, officer, or 
     employee of the Senate or the House of Representatives.
       (G) Food, refreshments, lodging, and other benefits--
     
[[Page H12508]]

       (i) resulting from the outside business or employment 
     activities (or other outside activities that are not 
     connected to the duties of the Member, Senator, officer, or 
     employee as an officeholder) of the Member, Senator, officer, 
     or employee, or the spouse of the Member, Senator, officer, 
     or employee, if such benefits have not been offered or 
     enhanced because of the official position of the Member, 
     Senator, officer, or employee and are customarily provided to 
     others in similar circumstances;
       (ii) customarily provided by a prospective employer in 
     connection with bona fide employment discussions; or
       (iii) provided by a political organization described in 
     section 527(e) of the Internal Revenue Code of 1986 in 
     connection with a fundraising or campaign event sponsored by 
     such an organization.
       (H) Pension and other benefits resulting from continued 
     participation in an employee welfare and benefits plan 
     maintained by a former employer.
       (I) Informational materials that are sent to the office of 
     the Member, Senator, officer, or employee in the form of 
     books, articles, periodicals, other written materials, 
     audiotapes, videotapes, or other forms of communication.
       (J) Awards or prizes which are given to competitors in 
     contests or events open to the public, including random 
     drawings.
       (K) 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).
       (L) 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.
       (M) Training (including food and refreshments furnished to 
     all attendees as an integral part of the training) provided 
     to a Member, Senator, officer, or employee, if such training 
     is in the interest of the Senate or House of Representatives.
       (N) Bequests, inheritances, and other transfers at death.
       (O) 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.
       (P) Anything which is paid for by the Federal Government, 
     by a State or local government, or secured by the Government 
     under a Government contract.
       (Q) A gift of personal hospitality (as defined in section 
     109(14) of the Ethics in Government Act) of an individual 
     other than a registered lobbyist or agent of a foreign 
     principal.
       (R) 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.
       (S) Opportunities and benefits which are--
       (i) available to the public or to a class consisting of all 
     Federal employees, whether or not restricted on the basis of 
     geographic consideration;
       (ii) offered to members of a group or class in which 
     membership is unrelated to congressional employment;
       (iii) 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;
       (iv) 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;
       (v) in the form of loans from banks and other financial 
     institutions on terms generally available to the public; or
       (vi) 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.
       (T) A plaque, trophy, or other item that is substantially 
     commemorative in nature and which is intended solely for 
     presentation.
       (U) Anything for which, in an unusual case, a waiver is 
     granted by the Committee on Standards of Official Conduct.

                               H.R. 2564

                         Offered By: Mr. Upton

       Amendment No. 7: Page 39, redesignate sections 22 through 
     24 as sections 23 through 25, respectively, and insert after 
     line 10 on page 39 the following:

     SEC. 22. PERMANENT RESTRICTION ON REPRESENTING FOREIGN 
                   GOVERNMENTS.

       (a) Restriction.--Section 207(f) of title 18, United States 
     Code, is amended--
       (1) in paragraph (1) by striking ``Any'' and inserting 
     ``Subject to paragraph (2), any'';
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Additional restrictions for members of congress.--Any 
     person who is a Member of Congress and who, after that person 
     leaves office as such Member--
       ``(A) represents a foreign government before any officer or 
     employee of any department or agency of the United States 
     with the intent to influence a decision of such officer or 
     employee in carrying out the officer's or employee's official 
     duties; or
       ``(B) aids or advises a foreign government with the intent 
     to influence a decision of any officer or employee of the 
     United States in carrying out the officer's or employee's 
     official duties;

     shall be punished as provided in section 216 of this 
     title.''.
       (b) Definitions.--Section 207(f)(4) of title 18, United 
     States Code, as redesignated by subsection (a)(2) of this 
     section, is amended to read as follows:
       ``(3) Definitions.--For purposes of this subsection--
       ``(A) the term `foreign entity' means the government of a 
     foreign country as defined in section 1(e) of the Foreign 
     Agents Registration Act of 1938 or a foreign political party 
     as defined in section 1(f) of that Act; and
       ``(B) the term `foreign government' means the government of 
     a foreign country as defined in section 1(e) of the Foreign 
     Agents Registration Act of 1938.''.
       (c) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect 90 days after the date of the enactment of this 
     Act.
       (2) Applicability.--The amendments made by this section 
     shall apply to any person whose service as a Member of 
     Congress (as defined in section 202(d) of title 18, United 
     States Code) terminates before, on, or after the effective 
     date set forth in paragraph (1), but shall not apply to 
     activities prohibited by such amendments which are conducted 
     before such effective date.