[Congressional Record Volume 152, Number 80 (Tuesday, June 20, 2006)]
[House]
[Pages H4234-H4237]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 REQUIRING REPRESENTATIVES OF GOVERNMENTS DESIGNATED AS STATE SPONSORS 
  OF TERRORISM TO DISCLOSE TO ATTORNEY GENERAL LOBBYING CONTACTS WITH 
                      LEGISLATIVE BRANCH OFFICIALS

  Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 5228) to require representatives of governments 
designated as State Sponsors of Terrorism to disclose to the Attorney 
General lobbying contacts with legislative branch officials, and for 
other purposes.
  The Clerk read as follows:

                               H.R. 5228

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. LOBBYING CONTACTS FROM REPRESENTATIVES OF 
                   GOVERNMENTS DESIGNATED AS STATE SPONSORS OF 
                   TERRORISM.

       The Foreign Agents Registration Act of 1938, as amended (22 
     U.S.C. 611 et seq.) is amended by inserting after section 4 
     the following:


 ``LOBBYING CONTACTS FROM REPRESENTATIVES OF GOVERNMENTS DESIGNATED AS 
                      STATE SPONSORS OF TERRORISM

       ``Sec. 4A.  (a) Every person required to register under the 
     provisions of this Act who is an agent of a foreign 
     principal, in a case in which the foreign principal is a 
     covered foreign principal, and who makes a lobbying contact 
     with a covered legislative branch official shall, not later 
     than 45 days after the date of such contact, provide to the 
     Attorney General a detailed statement of such contact.
       ``(b) The Secretary of State shall not recognize as 
     accredited a diplomatic or consular officer of a covered 
     foreign principal unless such officer agrees to provide to 
     the Attorney General a detailed statement of any lobbying 
     contact with a covered legislative branch official not later 
     than 45 days after the date of such contact.
       ``(c) The Attorney General shall make information relating 
     to a lobbying contact described in subsections (a) and (b) 
     available to the general public in an electronic format not 
     later than 90 days after the date of receipt of the statement 
     concerning such contact.
       ``(d) For purposes of this section--
       ``(1) the term `covered foreign principal' means--
       ``(A) a State Sponsor of Terrorism; or
       ``(B) the government of, or a political party of, a State 
     Sponsor of Terrorism;
       ``(2) the term `covered legislative branch official' has 
     the meaning given that term in section 3 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1602);
       ``(3) the term `lobbying contact' means any oral or written 
     communication (including an electronic communication) with 
     regard to--
       ``(A) the formulation, modification, or adoption of Federal 
     legislation (including legislative proposals);
       ``(B) the formulation, modification, or adoption of a 
     Federal rule or regulation, an Executive order, or any other 
     program, policy, or position of the United States Government;
       ``(C) the administration or execution of a Federal program 
     or policy (including the negotiation, award, or 
     administration of a Federal contract, grant, loan, permit, or 
     license); or
       ``(D) the nomination or confirmation of a person for a 
     position subject to confirmation by the Senate; and
       ``(4) the term `State Sponsor of Terrorism' means a country 
     the government of which has been determined by the Secretary 
     of State, for purposes of section 6(j) of the Export 
     Administration Act of 1979, section 620A of the Foreign 
     Assistance Act of 1961, section 40 of the Arms Export Control 
     Act, or other provision of law, is a government that has 
     repeatedly provided support for acts of international 
     terrorism.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentlewoman from Texas (Ms. 
Jackson-Lee) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous materials on H.R. 5228 currently under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 5228, legislation to enhance 
lobbying disclosure requirements for lobbyists who represent foreign 
nations designated as state sponsors of terrorism.
  Lobbyists who represent foreign governments must register under the 
Foreign Agents Registration Act, or

[[Page H4235]]

FARA, which also requires that they file a semiannual report with the 
Attorney General detailing lobbying contacts.
  H.R. 5228 would require additional disclosure of the lobbying 
activities of foreign agents who lobby on behalf of countries that the 
Secretary of State has designated as state sponsors of terrorism, 
namely Cuba, Iran, North Korea, Sudan and Syria.
  In addition to the semiannual statements, this legislation would 
require that agents who represent governments deemed state sponsors of 
terrorism also file a detailed statement with the Attorney General of 
every lobbying contact with a covered legislative branch official 
within 45 days of the contact. The Attorney General in turn must make 
that disclosure available to the public in an electronic format within 
90 days.
  If an agent of a state sponsor of terrorism failed to make these 
disclosures, they would be subject to the penalties of FARA, including 
fines of up to $10,000 and imprisonment of up to 5 years.
  In addition, the legislation provides that diplomatic and consular 
officers of a state sponsor of terrorism, who are not otherwise 
required to report their activities under FARA, cannot be recognized by 
the Secretary of State as accredited unless the diplomatic or consular 
officer agrees to provide the Attorney General with a detailed 
statement of every lobbying contact they have had with a covered 
legislative branch official within 45 days of the contact.
  Mr. Speaker, at a time when American forces are engaged in the global 
war on terror, it is both right and necessary that agents of state 
sponsors of terrorism be required to more fully disclose their lobbying 
contacts with U.S. Government officials.
  I commend the gentleman from Florida (Mr. Lincoln Diaz-Balart) for 
introducing this bill and urge all of my colleagues to join me in 
supporting this measure.
  Mr. Speaker, I reserve the balance of my time.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise to yield myself such 
time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 5228 and note that while 
this is not a bad bill, it does track current law. Therefore, it does 
not really address the major problems that currently plague the 
lobbying industry.
  This bill would amend the Foreign Agents Registration Act of 1938, 
FARA, to require the representatives of foreign governments that have 
been designated by the Secretary of State as state sponsors of 
terrorism to disclose to the Attorney General any lobbying contact they 
have made with a legislative branch official, a vital need for those 
governments really sponsoring terrorism, many of whom are on the list 
held by the Attorney General.
  Moreover, this bill will require such agents of foreign principals to 
disclose their contacts in a timely manner or risk their diplomatic or 
consular accreditation by the Secretary of State.
  Let me make it very clear, there are some members of the list, some 
nation states on the list that if a bill was to come forward on this 
floor, I would vote to remove them from the list. But I think overall 
the underlying purpose of this is to ensure that those who are 
perpetrating terrorists and are activating or providing or facilitating 
terrorist acts around the world, that any who represent them in the 
United States should have to report.
  Under the current law, agents of foreign principals that are required 
to register under FARA already must disclose all lobbying contacts with 
legislative and executive branch officials. Thus, the premise and point 
of this legislation seems somewhat unclear and may only track current 
law.
  The best component of this bill is that it would require for the 
first time that the Justice Department post these lobbying contact 
reports on the Internet. This is excellent. Currently FARA only 
requires paper reports that are only available at the DOJ offices. And 
even though DOJ has put much of this information into their own 
computerized system, they have refused to share the information with 
the public. This bill would bring much-needed sunlight to a dark 
industry.
  I have been a constant critic of the lack of oversight of this body. 
This legislative initiative provides another tool for Congress to raise 
its head of oversight. Things don't work in this country as long as we 
have a lack of the three branches of government functioning 
independently and individually as they should. This gives Congress and 
the public another tool of oversight.
  The lobbying industry is growing at a startling rate, and current 
laws have proven inadequate to keep up with this evolving industry. The 
recent list of stories detailing the cozy relationships between 
lobbyists and certain Members of Congress are only the tip of the 
iceberg. They are symptoms of deeper problems with lobbying regulations 
and oversight.
  While this bill does not do much to take down the house that Jack 
built, it is a good step in the right direction. It calls upon Congress 
to raise its head on oversight.
  I rise today in support of H.R. 5228, but note that while this is not 
a bad bill, it does track current law and therefore does not really 
address the major problems that currently plague the lobbying industry.
  This bill would amend the Foreign Agents Registration Act of 1938, 
FARA, to require representatives of foreign governments that have been 
designated by the Secretary of State as State Sponsors of Terrorism to 
disclose to the Attorney General any lobbying contacts that they have 
made with a legislative branch official. Moreover, this bill will 
require such agents of foreign principals to disclose their contacts in 
a timely manner or risk their diplomatic or consular accreditation by 
the Secretary of State.
  Under the current law, agents of foreign principals that are required 
to register under FARA already must disclose all lobbying contacts with 
legislative and executive branch officials. Thus, the point and premise 
of this legislation are unclear and seemingly unnecessary.
  The best component of this bill is that it would require, for the 
first time, that the Justice Department post these lobbying contact 
reports on the Internet. This is excellent. Currently, FARA only 
requires paper reports that are only available at the DOJ offices, and 
even though the DOJ has put much of this information into their own 
computerized system, they have refused to share their information to 
the public. This requirement would bring much needed sunlight to a dark 
industry.
  The lobbying industry is growing at a startling rate and current laws 
have proven inadequate to keep up with this evolving industry. The 
recent spate of stories detailing the cozy relationships between 
lobbyists and certain Members of Congress are only the tip of the 
iceberg--they are merely symptoms of deeper problems with lobbying 
regulation and oversight. While this bill does not do much to take down 
``the House that Jack built,'' it is a good step in the right 
direction.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 4 minutes to the gentleman 
from Florida (Mr. Lincoln Diaz-Balart), the author of the bill.
  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I thank the 
gentleman for his leadership in bringing this to the floor today. I 
appreciate my friend Ms. Jackson-Lee for her support of the 
legislation.
  I think, as Chairman Sensenbrenner pointed out, we are living in a 
different time now. It is a different era. We are in a different kind 
of struggle.
  There are different regimes, and I happen to believe that the 
genocide in Darfur is an affront to the entire civilized world. It is 
estimated over 300,000 people have been murdered there. I think we need 
to bring the power of sunshine to the strategies and the actions of 
regimes such as that. The American people need to know, I think they 
deserve to know, when a regime like that is paying for representation 
here in Washington and what contacts are being made here in Washington 
by representatives of a regime like that to attempt to influence 
officials here.
  So I think it is important legislation, especially as we move forward 
on this area of transparency in the legislative process, improving 
transparency in the legislative process. I think this is an appropriate 
thing to do.
  As Chairman Sensenbrenner brought out, there are really two legs to 
this stool. You have the so-called diplomats of these regimes, and in 
order to be accredited here, to receive their accreditation, they would 
have to agree to fulfill this requirement. So obviously if they don't 
fulfill it, that could be a reason for seeing those so-called diplomats 
off, ending their accreditation.
  But equally as important is that regimes such as that pay people in 
the

[[Page H4236]]

United States, and we want to know who those lobbyists are and what 
contacts they have with the legislative branch. So we are adding to 
existing legislation this requirement, as Chairman Sensenbrenner 
stated, to the Foreign Agents Registration Act, and despite an 
erroneous report in one of the publications that cover the Hill today, 
there are significant penalties, Mr. Speaker.
  As Chairman Sensenbrenner pointed out, if you are a lobbyist and 
don't fulfill these requirements, you can be subjected to a fine of up 
to $10,000 or imprisonment or both. So it is a serious bill.
  I thank Ms. Jackson-Lee for her support and urge all colleagues to 
support this legislation, especially at this time when we are in a 
different era, a very dangerous and challenging one.
  Again, I thank Chairman Sensenbrenner for his help and his support.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield 7 minutes to the 
distinguished gentleman from Ohio (Mr. Kucinich).
  Mr. KUCINICH. Mr. Speaker, out of deference to our ranking member, I 
didn't claim time in opposition, but I am opposed to this bill, and I 
want to state why.
  H.R. 5228 does change the law significantly with respect to United 
States policy towards countries designated as state sponsors of 
terrorism; but moreover, with respect to executive branch scrutiny over 
the schedules chosen by Members of Congress. More about that in a 
moment.
  Under current law, the Foreign Agents Registration Act, FARA, 
requires that agents from foreign countries have to report on their 
activities to the Attorney General, but there is an exemption for all 
diplomatic officials recognized by the State Department.
  This bill would change that. It would remove the exemption for 
diplomats from governments designated as state sponsors of terrorism: 
Cuba, Iran, Syria, Sudan and North Korea. These countries already have 
limited diplomatic channels in the United States. While Syria and Sudan 
have embassies, Iran and North Korea do not have embassies in the 
United States, and Iranian and North Korean diplomats don't have 
meetings in the halls of Congress.
  Thanks to President Carter, we do have a Cuban Interest Section in 
the United States and a U.S. Interest Section in Havana. Meetings 
between Members of Congress and Cuban, Sudanese and Syrian diplomats 
are important, as they are with all diplomats. They offer channels for 
expressing ideas, improving relations, and expressing concerns.
  Currently, Cuban, Sudanese and Syrian diplomats don't report on their 
meetings with Members of Congress and staff, just as all other 
diplomats do not. But this bill would require these diplomats to now 
report all of their meetings with Congress to the Justice Department.
  Moreover, it would most directly impact the Cuban Interest Section, 
which has frequent meetings with Members of Congress. Furthermore, 
there are more Cuba-related bills and amendments per year than there 
are for Sudan and Syria. This bill is, therefore, a step backwards for 
diplomatic relations between the U.S. and Cuba, whose relations are 
already strained.
  Moreover, this bill increases executive branch scrutiny over the 
scheduling books of Members of Congress, but only for Members and staff 
who meet with the Cuban Interest Section, the Embassy of Sudan and the 
Embassy of Syria.

                              {time}  1245

  I want to state this again. This bill increases executive branch 
scrutiny over the scheduling books of Members of Congress.
  Now, in the last month, there has been a significant debate in this 
country and in this Congress over questions of separation of power, 
over the very speech and debate clause of the United States 
Constitution which gives me the ability to stand on this floor and 
basically state anything that I think is in the interest of my 
constituents or the American people. And I can say it with impunity. 
This is a privilege that is given Members of Congress, that sets our 
role apart from the rest of the people in this country. No one outside 
this Chamber can make statements that would be free from being subject 
to attack by libel laws. Here we can say anything we want. We have a 
special role. This bill takes away the ability that Congress has to be 
able to meet independently without having to report to the executive 
branch or being reported on to the executive branch with respect to 
discussions with representatives of other countries.
  I want Members of Congress to hear me loud and clear. The doctrine of 
separation of powers is at stake here. Our constitutional ability under 
speech and debate, which has been under attack by the Executive, is at 
risk when the Attorney General now will be collecting information from 
other countries based on contacts made with them by Members of 
Congress.
  I want Members of Congress to think about this. We are a coequal 
branch of government, and we are a separate branch of government. 
Members of Congress, this is a power grab by the Executive over the 
legislative branch, and specifically targets Members of Congress who 
believe in engagement over isolation and believe that diplomacy is an 
important tool to achieve peaceful resolution to conflicts.
  Ironically, this power grab by the Executive has been initiated by 
the legislative branch. Why are we so ready to give up our 
constitutional prerogative?
  Why are we asking for countries whose representatives we meet with to 
report on us to the Attorney General?
  What could possibly be the motivation for that, to set the stage for 
Members of Congress for being accused of being disloyal to the United 
States? How absurd can that be? Yet this is exactly what this 
legislation sets the stage for.
  Over the last month, we have had a debate over whether the 
administration has the right to go into any congressional office and 
grab the papers of a Member of Congress. That debate focuses on the 
speech and debate clause of the Constitution. This debate also should, 
and the fact that this has been put on the suspension calendar doesn't 
give it the right to waive critical inspection and demand that it meet 
the constitutional test. This does not meet the constitutional test. 
This is unconstitutional. It is an abrogation of our obligations as 
Members of Congress to assert a check and balance to the administration 
exercise of power.
  We ought to remember where we came from. Our power comes from the 
people. Congress was created specifically to be spokespersons for the 
people of the United States. We should not and cannot give that away.
  Vote against H.R. 5228. Reassert congressional authority to be a 
coequal branch of government to assert checks and balances over the 
administration. I do not, and I insist on not having to have my 
schedule open to the Attorney General or to anyone else when I am 
pursuing the interests of this country.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman 
from Florida (Mr. Lincoln Diaz-Balart).
  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I think it is 
important for Members to realize and focus on precisely what we are 
talking about here.
  First of all, there is no requirement on Members of the House, 
Members of Congress, to report. The requirement is on the lobbyist firm 
who has been hired by one of a handful, five of, I would like to repeat 
it, state sponsors of terrorism.
  What this bill says is if you are hired by one of those state 
sponsors of terrorism, you should report, especially in this era, your 
contacts. So it is an important piece of legislation, Mr. Speaker. It 
is one that will contribute to the national security.
  I think the American people have a right to know the contacts by 
those paid lobbyists from state sponsors of terrorism. And so, with 
that in mind, and cognizant of the era that we are living in, I have 
brought forth this legislation.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield 2 minutes again to the 
distinguished gentleman from Ohio (Mr. Kucinich).
  Mr. KUCINICH. Mr. Speaker, I will repeat the title of this bill: ``To 
require representatives of government designated as state sponsors of 
terrorism to disclose to the Attorney General lobbying contacts with 
legislative branch officials.''
  This bill would require diplomats, Cuban, Sudanese, Syrian and 
perhaps

[[Page H4237]]

others, to now report their meetings with Congress to the Justice 
Department. Now, this is a two-way street. Once they do that, then the 
Attorney General has the ability to go back to Members of Congress and 
begin to inquire what was that meeting about. They don't have any 
business doing that. We are a coequal branch of government. We are a 
separate branch of government.
  Since the Justice Department now feels that they can go into our 
offices and grab our papers, what is the difference between doing that 
and having another government say they met with Members of Congress and 
then the Justice Department coming back and saying what was that 
meeting about.
  We don't have to answer to the Justice Department. I wasn't elected 
by the Attorney General. I was elected by the people of Ohio's 10th 
Congressional District.
  This bill opens the door for the destruction of our constitutional 
right to speech and debate of the separation of powers. Not everything 
that we do here in this Congress poses an undermining of our role as 
Members of Congress. And I assert that this does. So I appreciate the 
gentlewoman's indulgence, and I appreciate the attention of Members of 
Congress who are also concerned with this issue of speech and debate 
and of our separation of powers.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I 
may consume.
  Let me thank the distinguished gentleman from Ohio for his insight. 
And I am hoping that as we move this bill along, this instruction that 
he has given us will be taken into account.
  Might I close by simply saying that one of the strong elements of 
this bill, which I think maybe Members of Congress might not have been 
aware of, and I hope is made very plain, as these various individuals 
meet with members in the White House, meet with Vice President Cheney 
on issues that we have concern with, they will have to report and it 
will be publicized, those interactions.
  There is a component of this that will be worthy of the oversight 
that this particular bill gives at this instance. But I think it is 
important that when we do engage in oversight that our legislative 
initiatives pass constitutional muster.
  With that, I would ask for the words of our various speakers, 
including Mr. Kucinich, to be taken into consideration as we move this 
bill along. And as indicated, I ask my colleagues to support this 
legislation.
  Mr. Speaker, I yield back my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the 
rules and pass the bill, H.R. 5228.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. KUCINICH. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of Rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

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