Eagles Nest BBS 5/Eagles_Nest_Mac_Collection_Disc_5.TOAST/Other Non-Macintosh Text/LobbyReform/lobbyist reform act

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From: [e-mail] (gkendall on BIX)
Subject: LEGIS: Full Text of S.349 (Lobbying Disclosure Act)
Date: 30 Sep 94 17:48:02 GMT


    S349         Levin (D-MI)            03/24/94       (1540 lines)
                 Engrossed Amendment House

Lobbying Disclosure Act of 1993.

Special typefaces used in this bill version:
     //   \\    Italic
     /!   !\    Bold Italic
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                   IN THE HOUSE OF REPRESENTATIVES, U. S.,

                               March 24, 1994.

    Resolved, That the bill from the Senate (S. 349) entitled "An
Act to provide for the disclosure of lobbying activities to
influence the Federal Government, and for other purposes", do pass
with the following

                                  AMENDMENT:
Strike out all after the enacting clause, and insert:

/!SECTION 1. SHORT TITLE.!\

    //This Act may be cited as the "Lobbying Disclosure Act of
1994".\\

/!SEC. 2. FINDINGS.!\

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

/!SEC. 3. DEFINITIONS.!\

    //As used in this Act:\\
        //(1) AGENCY.--The term "agency" has the meaning given that
    term in section 551(1) of title 5, United States Code.\\
        //(2) CLIENT.--The term "client" means any person or entity
    (including a State or local government) who employs or retains
    another person for financial or other compensation to conduct
    lobbying activities on behalf of that person or entity or
    another person or entity. An organization whose employees act as
    lobbyists on its own behalf is both a client and an employer of
    such employees. In the case of any person or entity that employs
    or retains a lobbyist to conduct lobbying activities on behalf
    of another person or entity, the client is both the person or
    entity that employs or retains the lobbyist and the person or
    entity on whose behalf the lobbyist conducts lobbying activities.
    In the case of a coalition or association that employs or
    retains other persons to conduct lobbying activities, the client
    is--\\
            //(A) the coalition or association and not its
        individual members when the lobbying activities are
        conducted on behalf of its membership and financed by the
        coalition's or association's dues and assessments, or\\
            //(B) the individual member or members, when the
        lobbying activities are, directly or indirectly, financed
        separately by one or more individual members and not by the
        coalition's or association's dues and assessments.\\
        //(3) COVERED EXECUTIVE BRANCH OFFICIAL.--The term "covered
    executive branch official" means--\\
            //(A) the President or the President-elect;\\
            //(B) the Vice President or the Vice President-elect;\\
            //(C) any officer or employee (other than a clerical or
        secretarial employee) of the Executive Office of the
        President or any individual functioning in the capacity of
        such an officer or employee on an unpaid basis;\\
            //(D) any officer or employee serving in a position in
        level I, II, III, IV, or V of the Executive Schedule, as
        designated by statute or executive order;\\
            //(E) any officer or employee serving in a Senior
        Executive Service position, as defined in section 3132
        (a)(2) of title 5, United States Code;\\
            //(F) any member of the uniformed services whose pay
        grade is at or above O-7 under section 201 of title 37,
        United States Code; and\\
            //(G) any officer or employee serving in a position of
        a confidential, policy-determining, policy-making, or policy-
        advocating character described  in  section  7511(b)(2)  of
        title  5, United States Code, including an employee listed
        in schedule C of subpart C of part 213 of title 5 of the
        Code of Federal Regulations.\\
        //(4) COVERED LEGISLATIVE BRANCH OFFICIAL.--\\
            //(A) IN GENERAL.--The term "covered legislative branch
        official" means--\\
                //(i) a Member of Congress or a Member-elect of
            Congress;\\
                //(ii) an elected officer of either House of
            Congress;\\
                //(iii) any employee of a Member of Congress or of
            a committee of either House of Congress; \\
                //(iv) any employee on the leadership staff of the
            House of Representatives and any employee on the
            leadership staff of the Senate; \\
                //(v) any employee of a joint committee of the
            Congress; and\\
                //(vi) any employee of a working group or caucus
            organized to provide legislative services or other
            assistance to Members of Congress.\\
        //(B) DEFINITIONS.--For purposes of subparagraph (A)--\\
            //(i) the terms "employee on the leadership staff of
        the House of Representatives" and "employee on the
        leadership staff of the Senate" have the meanings given
        these terms in section 207(e)(4) of title 18, United States
        Code;\\
            //(ii) the term "employee" includes any individual
        functioning in the capacity of an employee described in
        subparagraph (A) on an unpaid basis but the term does not
        include a clerical or secretarial employee, and\\
            //(iii) the term "Member of Congress" means a Senator
        or a Representative in, or Delegate or Resident Commissioner,
        to the Congress.\\
        //(5) DIRECTOR.--The term "Director" means the Director of
    the Office of Lobbying Registration and Public Disclosure.\\
        //(6) EMPLOYEE.--Except as provided in paragraph (4)(B)(ii),
    the term "employee" means any individual who is an officer,
    employee, partner, director, or proprietor of an organization,
    but does not include--\\
            //(A) independent contractors; or\\
            //(B) volunteers who receive no financial or other
        compensation from the organization for their services.\\
        //(7) FOREIGN ENTITY.--The term "foreign entity" means a
    foreign principal as such term is defined in subsection (b) of
    section 1 of the Foreign Agents Registration Act of 1938 (22
    U.S.C. 611 (b)).\\
        //(8) GRASS ROOTS LOBBYING COMMUNICATIONS.--The term "grass
    roots lobbying communications" means--\\
            //(A) any communication that attempts to influence any
        legislation through an attempt to affect the opinions of the
        general public or any segment thereof;\\
            //(B) any communication between an organization and any
        bona fide member of such organization to directly encourage
        such member to make a communication to a covered executive
        branch official or a covered legislative branch official
        with regard to a matter described in clause (i), (ii), (iii),
        or (iv) of paragraph (10)(A) of section 3; and\\
            //(C) any communication between an organization and any
        bona fide member of such organization to directly encourage
        such member to urge persons other than members to
        communicate as provided in either subparagraph (A) or
        subparagraph (B).\\
        //(9) LOBBYING ACTIVITIES.--\\
            //(A) DEFINITION.--The term "lobbying activities" means
        lobbying contacts and efforts in support of such contacts,
        including preparation and planning activities, research and
        other background work that is intended at the time it is
        performed, for use in contacts, and coordination with the
        lobbying activities of others. Except as provided in
        subparagraph (B), lobbying activities also include--\\
                //(i) grass roots lobbying communications, and\\
                //(ii) any communication described in clause (iii),
            (v), (vii), (viii), or (xvi) of paragraph (10)(B),\\
            //to the extent that such communications are made in
        support of a lobbying contact.\\
            //(B) RELIGIOUS ORGANIZATIONS.--Lobbying activities do
        not include grass roots lobbying communications by churches,
        their integrated auxiliaries, conventions or associations of
        churches, and religious orders that are exempt from filing
        Federal income tax returns under paragraph (2)(A)(i) or
        (2)(A)(iii) of section 6033(a) of the Internal Revenue Code
        of 1986, unless such communications are made by any person
        or organization required to be identified under section
        4(b)(5) of this Act.\\
        //(10) LOBBYING CONTACT.--\\
            //(A) DEFINITION.--The term "lobbying contact" means
        any oral or written communication (including an electronic
        communication) to a covered executive branch official or a
        covered legislative branch official that is made on behalf
        of a client with regard to--\\
                //(i) the formulation, modification, or adoption of
            Federal legislation (including legislative
            proposals); \\
                //(ii) the formulation, modification, or adoption
            of a Federal regulation, Executive order, or any other
            program, policy, or position of the United States
            Government;\\
                //(iii) the administration or execution of a
            Federal program or policy (including the negotiation,
            award, or administration of a Federal contract, grant,
            loan, permit, or license), except that this clause does
            not include communications that are made to any covered
            executive branch official--\\
                    //(I) who is serving in a Senior Executive
                Service position described in paragraph (3)(E), or\\
                    //(II) who is a member of the uniformed
                services whose pay grade is lower than O-9 under
                section 201 of title 37, United States Code,\\
                //in the agency responsible for taking such
            administrative or executive action; or\\
                //(iv) the nomination or confirmation of a person
            for a position subject to confirmation by the Senate.\\
            //(B) EXCEPTIONS.--The term "lobbying contact" does not
        include communications that are--\\
                //(i) made by public officials acting in their
            official capacity; \\
                //(ii) made by representatives of a media
            organization if the purpose of the communication is
            gathering and disseminating news and information to the
            public;\\
                //(iii) made in a speech, article, publication, or
            other material which is widely distributed to the public
            through radio, television, cable television, or other
            medium of mass communication; \\
                //(iv) made on behalf of a government of a foreign
            country or a foreign political party and disclosed under
            the Foreign Agents Registration Act of 1938 (22 U.S.C.
            611 et seq.); \\
                //(v) requests for meetings, requests for the
            status of matters described in clauses (i), (ii), (iii),
            and (iv) of subparagraph (A), or other similar requests,
            if the requests do not include attempts to influence a
            covered executive branch official or a covered
            legislative branch official; \\
                //(vi) made in the course of participation in an
            advisory committee subject to the Federal Advisory
            Committee Act; \\
                //(vii) testimony given before a committee,
            subcommittee, or task force of the Congress, or
            submitted for inclusion in the public record of a
            hearing conducted by such committee, subcommittee, or
            task force; \\
                //(viii) information provided in writing in
            response to a written request for specific information
            from a covered executive branch official or a covered
            legislative branch official; \\
                //(ix) required by subpoena, civil investigative
            demand, or otherwise compelled by statute, regulation,
            or other action of the Congress or an agency; \\
                //(x) made in response to a notice in the Federal
            Register, Commerce Business Daily, or other similar
            publication soliciting communications from the public
            and directed to the agency official specifically
            designated in the notice to receive such
            communications; \\
                //(xi) not possible to report without disclosing
            information, the unauthorized disclosure of which is
            prohibited by law;\\
                //(xii) made to officials in an agency with regard
            to--\\
                    //(I) a judicial proceeding or a criminal or
                civil law enforcement inquiry, investigation, or
                proceeding, or\\
                    //(II) a filing or proceeding that the
                Government is specifically required by statute or
                regulation to maintain or conduct on a confidential
                basis,\\
                //if that agency is charged with responsibility for
            such proceeding, inquiry, investigation, or filing;\\
                //(xiii) made in compliance with written agency
            procedures regarding an adjudication conducted by the
            agency under section 554 of title 5, United States Code,
            or substantially similar provisions;\\
                //(xiv) written comments filed in the course of a
            public proceeding or other communications that are made
            on the record in a public proceeding;\\
                //(xv) a petition for agency action made in writing
            pursuant to established agency procedures;\\
                //(xvi) made on behalf of an individual with regard
            to that individual's benefits, employment, or other
            personal matters involving only that individual, except
            that this subclause does not apply to any communication
            with respect to the formulation, modification, or
            adoption of private legislation for the relief of that
            individual;\\
                //(xvii) disclosures by an individual to the
            appropriate authority on account of which that
            individual is protected against adverse personnel
            actions, or other reprisals, under the amendments made
            by the Whistleblower Protection Act of 1989, the
            Inspector General Act of 1978, or other provision of
            law;\\
                //(xviii) made by a church, its integrated
            auxiliary, a convention or association of churches, or a
            religious order that is exempt from filing a Federal
            income tax return under paragraph (2)(A)(i) or
            (2)(A)(iii) of section 6033(a) of the Internal Revenue
            Code of 1986 if the communication constitutes the free
            exercise of religion or is for the purpose of protecting
            the right to the free exercise of religion; and\\
                //(xix) between--\\
                    //(I) officials of a self-regulatory
                organization recognized by Federal law, and\\
                    //(II) the Federal regulatory agency with
                jurisdiction over such organization,\\
                //relating to the regulatory responsibilities of
            such organization under such law.\\
            //The term "media organization", as used in clause (ii),
        means an organization engaged in disseminating information
        to the general public through a newspaper, magazine, other
        publication, radio, television, cable television, or other
        medium of mass communication.\\
        //(11) LOBBYIST.--The term "lobbyist" means any individual
    who is employed or retained by a client for financial or other
    compensation for services that include one or more lobbying
    contacts, other than an individual whose lobbying activities
    constitute less than 10 percent of the time engaged in the
    services provided by such individual to that client.\\
        //(12) ORGANIZATION.--The term "organization" means any
    corporation, company, foundation, association, labor
    organization, firm, partnership, society, joint stock company,
    or group of organizations.\\
        //(13) PUBLIC OFFICIAL.--The term "public official" means
    any elected official, appointed official, or an employee of--\\
            //(A) a Federal, State, or local unit of government in
        the United States other than--\\
                //(i) a college or university which is an agency or
            instrumentality of the government of any State or of a
            local unit of government thereof, or which is owned or
            operated by such a government or by any agency or
            instrumentality of one or more such governments;\\
                //(ii) a government-sponsored enterprise as defined
            in section 3(8) of the Congressional Budget and
            Impoundment Control Act of 1974; or\\
                //(iii) a public utility, including any entity that
            provides gas, electricity, water, or communications,
            which is an agency or instrumentality of the government
            of any State or States or of a local unit of government
            of a State or which is owned, controlled, or operated by
            such a government or by any agency or instrumentality of
            one or more such governments;\\
            //(B) a Government corporation (as defined in section
        9101 of title 31, United States Code);\\
            //(C) an organization of State or local elected or
        appointed officials other than officials of an entity
        described in clause (i), (ii), or (iii) of subparagraph
        (A);\\
            //(D) an Indian tribe (as defined in section 4(e) of
        the Indian Self-Determination and Education Assistance Act
        (25 U.S.C. 450b(e)),\\
            //(E) a national or State political party or any
        organizational unit thereof, or \\
            //(F) a national, regional, or local unit of any
        foreign government.\\
        //(14) The term "State" means each of the several States,
    the District of Columbia, and any commonwealth territory, or
    possession of the United States.\\

/!SEC. 4. REGISTRATION OF LOBBYISTS. !\

    //(a) REGISTRATION.--\\
        //(1) GENERAL RULE.--Not later than 30 days after a
    lobbyist first makes a lobbying contact or is employed or
    retained to make a lobbying contact, whichever is earlier, such
    lobbyist (or, as provided under paragraph (2), the organization
    employing such lobbyist), shall register with the Office of
    Lobbying Registration and Public Disclosure.\\
        //(2) ORGANIZATION RULE.--Any organization that has one or
    more employees who are lobbyists shall make the registration
    required by paragraph (1) on behalf of such employees.\\
        //(3) EXEMPTION.--\\
            //(A) GENERAL RULE.--Notwithstanding paragraph (1) or
        (2), an individual or organization whose--\\
                //(i) total income for matters related to lobbying
            activities on behalf of a particular client (in the case
            of a lobbyist making lobbying contacts on behalf of a
            client other than the organization employing such
            lobbyist), or \\
                //(ii) total expenses in connection with lobbying
            activities (in the case of a lobbyist making lobbying
            contacts on behalf of the organization employing such
            lobbyist),\\
            //do not exceed, or are not expected to exceed $2,500
        (as estimated under section 5) in the semiannual period
        described in section 5(a) during which the registration
        would be made is not required to register under subsection
        (a) with respect to such client.\\
            //(B) ADJUSTMENT.--The $2,500 figure in subparagraph
        (A) shall be adjusted--\\
                //(i) on January 1, 1997, to reflect changes in the
            Consumer Price Index (as determined by the Secretary of
            Labor) since the date of the enactment of this Act,
            and\\
                //(ii) on January 1 of each fourth year occurring
            after January 1, 1997, to reflect changes in the
            Consumer Price Index (as determined by the Secretary of
            Labor) during the preceding 4-year period, \\
            //rounded to the nearest $100.\\

    //(b) CONTENTS OF REGISTRATION.--Each registration under this
section shall be in such form as the Director shall prescribe by
regulation and shall contain--\\
        //(1) the name, address, business telephone number, and
    principal place of business of the registrant, and a general
    description of its business or activities;\\
        //(2) the name, address, and principal place of business of
    the registrant's client, and a general description of its
    business or activities (if different from paragraph (1));\\
        //(3) the name, address, and principal place of business of
    any organization, other than the client, that--\\
            //(A) contributes or has agreed to contribute more than
        $5,000 toward the lobbying activities of the registrant in
        the semiannual period described in section 5(a) in which the
        registration is made; and\\
            //(B) significantly participates or has agreed to
        participate significantly in the planning, supervision, or
        control of such lobbying activities;\\
        //(4) the name, address, principal place of business,
    amount of any contribution of more than $5,000 to the lobbying
    activities of the registrant, and approximate percentage of
    equitable ownership in the client (if any) of any foreign entity
    that--\\
            //(A) holds at least 20 percent equitable ownership in
        the client or any organization identified under paragraph
        (3);\\
            //(B) directly or indirectly, in whole or in major part,
        plans,supervises, controls, directs, finances, or subsidizes
        the lobbying activities of the registrant; or\\
            //(C) is an affiliate of the client or any organization
        identified under paragraph (3) and has a direct interest in
        the outcome of the lobbying activity;\\
        //(5) the name, address, and principal place of business of
    any person or organization retained by the registrant (other
    than an employee of the registrant) to conduct grass roots
    lobbying communications on behalf of the registrant or the
    client of the registrant (other than a person or organization
    that is separately registered under this Act in connection with
    such representation);\\
        //(6) a statement of--\\
            //(A) the general issue areas in which the registrant
        expects to engage in lobbying activities on behalf of the
        client, and\\
            //(B) to the extent practicable, specific issues that
        have (as of the date of the registration) already been
        addressed or are likely to be addressed in lobbying
        activities; and\\
        //(7) the name of each employee of the registrant who has
    acted or whom the registrant expects to act as a lobbyist on
    behalf of the client and, if any such employee has served as a
    covered executive branch official or a covered legislative
    branch official in the 2 years before the date on which such
    employee was first required to register as a lobbyist on behalf
    of the client, the position in which such employee served.\\

    //(c) GUIDELINES FOR REGISTRATION.--\\
        //(1) MULTIPLE CLIENTS.--In the case of a registrant making
    lobbying contacts on behalf of more than one client, a separate
    registration under this section shall be filed for each such
    client.\\
        //(2) MULTIPLE LOBBYISTS.--Any organization that has one or
    more employees who are lobbyists shall file a single
    registration under this section for each client on whose behalf
    its employees act as lobbyists covering all lobbying contacts
    made by such employees on behalf of such client.\\
        //(3) MULTIPLE CONTACTS.--If a registrant makes another
    lobbying contact for the same client with a covered executive
    branch official or covered legislative branch official, such
    contact will not require another registration under paragraph
    (1).\\

    //(d) TERMINATION OF REGISTRATION.--A registrant who after
registration does not--\\
        //(1) engage in any lobbying activities in a semiannual
    reporting period on behalf of the client with respect to which
    the registrant registered, and\\
        //(2) anticipate any additional lobbying activities for
    such client in the 12-month period following such reporting
    period,\\

    //shall notify the Director of the termination of such
activities and shall not be required to file any additional reports
with respect to such client under this section.\\

/!SEC. 5. REPORTS BY REGISTERED LOBBYISTS.!\

    //(a) SEMIANNUAL REPORT.--\\
        //(1) IN GENERAL.--No later than 30 days after the end of
    the semiannual period beginning on the first day of each January
    and the first day of July of each year in which a registrant is
    registered under section 4, each registrant shall file a report
    with the Office of Lobbying Registration and Public Disclosure
    on its lobbying activities during such semiannual period. A
    separate report shall be filed for each client of the
    registrant.\\
        //(2) EXEMPTION.--\\
            //(A) INCOME OR EXPENSES OF LESS THAN $2,500.--Any
        registrant whose--\\
                //(i) total income for a particular client for
            matters that are related to lobbying activities on
            behalf of that client (in the case of a registrant
            described in subsection (b)(3)), or\\
                //(ii) total expenses in connection with lobbying
            activities (in the case of a registrant described in
            subsection (b)(4)),\\
            //are less than $2,500 in a semiannual period (as
        estimated under paragraph (3) or (4) of subsection (b), or
        paragraph (3) of subsection (c), as applicable) is deemed to
        be inactive during such period and may comply with the
        reporting requirements of this section by so notifying the
        Director in such form as the Director may prescribe.\\
            //(B) ADJUSTMENT.--The $2,500 figure in subparagraph
        (A) shall be adjusted as provided in section 4(a)(3)(B).\\

    //(b) CONTENTS OF REPORT.--Each semiannual report filed under
subsection (a) shall be in such form as the Director shall prescribe
by regulation and shall contain--\\
        //(1) the name of the registrant, the name of the client,
    and any changes or updates to the information provided in the
    initial registration;\\
        //(2) for each general issue area in which the registrant
    engaged in lobbying activities on behalf of the client during
    the semiannual filing period--\\
            //(A) a list of the specific issues upon which the
        registrant engaged in lobbying activities, including, to the
        maximum extent practicable, a list of bill numbers and
        references to specific regulatory actions, programs,
        projects, contracts, grants, and loans;\\
            //(B) a statement of the Houses and committees of
        Congress and the Federal agencies contacted by lobbyists
        employed by the registrant on behalf of the client during
        the semiannual filing period;\\
            //(C) a list of the employees of the registrant who
        acted as lobbyists on behalf of the client;\\
            //(D) a description of the interest in the specific
        issues, if any, of any foreign entity identified under
        section 4(b)(4); and\\
            //(E) a list of the specific issues on which any person
        or organization required to be identified under section
        4(b)(5) has engaged in grassroots lobbying communications on
        behalf of the client;\\
        //(3) in the case of a registrant engaged in lobbying
    activities on behalf of a client other than the registrant, a
    good faith estimate of the total amount of all income from the
    client (including any payments to the registrant by any other
    person for lobbying activities on behalf of the client) during
    the semiannual period, other than income for matters that are
    unrelated to lobbying activities;\\
        //(4) in the case of a registrant engaged in lobbying
    activities on its own behalf, a good faith estimate of the total
    expenses that the registrantand its employees incurred in
    connection with lobbying activities during the semiannual filing
    period; and\\
        //(5) a good faith estimate of the total expenses that the
    registrant and its employees incurred in connection with
    grassroots lobbying communications on behalf of the
    client(including any amount paid in connection with such
    communications to a person or organization required to be
    identified under section 4(b)(5)).\\

    //(c) ESTIMATES OF INCOME OR EXPENSES.--For purposes of this
section, estimates of income or expenses shall be made as follows:\\
        //(1) $200,000 OR LESS.--Income or expenses of $200,000 or
    less shall be estimated in accordance with the following
    categories:\\
            //(A) At least $2,500 but not more than $10,000.\\
            //(B) More than $10,000 but not more than $20,000.\\
            //(C) More than $20,000 but not more than $50,000.\\
            //(D) More than $50,000 but not more than $100,000.\\
            //(E) More than $100,000 but not more than $200,000. \\
        //(2) MORE THAN $200,000.--Income or expenses in excess of
    $200,000 shall be estimated and rounded to the nearest
    $100,000.\\
        //(3) ESTIMATES BASED ON TAX REPORTING SYSTEM.--In the case
    of any registrant that reports lobbying expenditures as required
    by section 6033 of the Internal Revenue Code of 1986,
    regulations prescribed under section 7 of this Act shall provide
    that the registrant may make a good faith estimate of amounts
    that would be required to be disclosed under such section of the
    Internal Revenue Code of 1986 for the applicable semiannual
    period (by category of dollar value) to meet the requirements of
    subsection (b)(4), if each time the registrant makes such an
    estimate, the registrant informs the Director that the
    registrant is making such an estimate.\\
        //(4) CONSTRUCTION.--In estimating total income or expenses
    under this section, a registrant is not required to include--\\
            //(A) the value of contributed services for which no
        payment is made; or\\
            //(B) the expenses for services provided by an
        independent contractor of the registrant who is separately
        registered under this Act.\\

    //(d) CONTACTS.--\\
        //(1) CONTACTS CONSIDERED CONTACTS WITH COMMITTEES.--For
    purposes of subsection (b)(2), any contact with a member of a
    committee of Congress, an employee of a committee of Congress,
    or an employee of a member of a committee of Congress regarding
    a matter within the jurisdiction of such committee shall be
    considered a contact with the committee.\\
        //(2) CONTACTS CONSIDERED CONTACTS WITH HOUSE OF CONGRESS.--
    For purposes of subsection (b)(2), any contact with a Member of
    Congress or an employee of a Member of Congress regarding a
    matter which is not within the jurisdiction of a committee of
    Congress of which that Member is a member shall be considered a
    contact with the House of Congress of that Member.\\
        //(3) CONTACTS CONSIDERED CONTACTS WITH FEDERAL AGENCIES.--
    For purposes of subsection (b)(2), any contact with a covered
    executive branch official shall be considered a contact with the
    Federal agency that employs that official.\\

    //(e) EXTENSION FOR FILING.--The Director may grant an
extension of time of not more than 30 days for the filing of any
report under this section, upon the request of the registrant, for
good cause shown.\\

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

    //(a) IN GENERAL.--\\
        //(1) REGISTRANTS AND LOBBYISTS.--In accordance with this
    section, each registrant (including a lobbyist employed by, or a
    lobbyist who is a member of, a registrant) or any client of a
    registrant shall be--\\
            //(A) prohibited from providing, directly or indirectly,
        gifts, meals, travel, entertainment, reimbursements, and
        loans described in subsection (b), and\\
            //(B) required to make an itemized disclosure of
        expenditures described in subsection (c) and provided,
        directly or indirectly,\\
        //to a covered legislative branch official, to an entity
    that is maintained or controlled by a covered legislative branch
    official, or to any other person or entity on behalf of a
    covered legislative branch official (collectively referred to in
    this subsection as a "covered person or entity").\\
        //(2) FOREIGN LOBBYISTS.--For purposes of this section, a
    registrant or any client of a registrant shall include a foreign
    principal (as defined in section 1(b) of the Foreign Agents
    Registration Act) and an agent of a foreign principal (as
    defined in section 1(c) of such Act).\\

    //(b) PROHIBITION.--A registrant (including a lobbyist) or any
client of a registrant may not provide, directly or indirectly (with
funds of a registrant or a client), to or on behalf of or for a
covered person or entity:\\
        //(1) TRAVEL, ENTERTAINMENT, FOOD, AND LODGING.--Payment
    for local or long-distance transportation, entertainment, food,
    or lodging, whether provided in kind, by purchase of a ticket,
    by payment in advance or by reimbursement, or otherwise.\\
        //(2) REIMBURSEMENT.--Reimbursement of an expense.\\
        //(3) LOAN.--A loan.\\
        //(4) GIFTS.--Any other item of value.\\

    //(c) DISCLOSURE.--With respect to expenditures described in
this subsection, the prohibitions prescribed by subsection (b) with
respect to an expenditure will not apply to a registrant or any
client of a registrant if the registrant discloses the expenditure
of the registrant or the client, in the registrant's semiannual
report under section 5(a) or in a separate report on itemized
expenditures subject to the same filing requirements, as follows:\\
        //(1) IN GENERAL.--With respect to each expenditure
    described in paragraph (2), the registrant shall disclose--\\
            //(A) the name and position of the covered legislative
        branch official or other covered person or entity to whom or
        which or on behalf of whom or which the expenditure was
        made;\\
            //(B) the type of the expenditure;\\
            //(C) the date on which the expenditure was made; and\\
            //(D) the amount of the expenditure.\\
        //(2) EXPENDITURES SUBJECT TO DISCLOSURE.--The following
    expenditures are subject to disclosure under paragraph (1):\\
            //(A) Necessary travel-related expenditures made by a
        registrant described in section 5(b)(4) or a client of a
        registrant described in section 5(b)(3) for a covered
        legislative branch official or a person on behalf of such an
        official in connection with speaking engagements, fact
        finding trips, substantial participation in an event
        sponsored by an entity described in section 170(c) or 527(e)
        of the Internal Revenue Code of 1986, and similar events if
        the expenditure covers the costs of a trip for a period of
        not more than--\\
                //(i) 4 consecutive days in the case of domestic
            travel and 7 consecutive days (excluding travel days) in
            the case of international travel, and\\
                //(ii) 24 hours before or after such person's
            actual participation in the event in the case of
            domestic travel or 48 hours before or after such
            person's actual participation in the event in the case
            of international travel.\\
            //Necessary travel-related expenditures include
        reimbursements for necessary transportation whether or not
        such transportation occurs within the periods described in
        clause (i) or (ii), but does not include expenditures for
        travel, lodging, or entertainment collateral to the event or
        meals taken other than in a group setting to which all other
        attendees are invited.\\
            //(B) Honorary degrees and associated meals and
        entertainment provided to a covered person or entity.\\
            //(C) Food, refreshment, or entertainment provided a
        covered person or entity while attending a meeting or event
        with persons who are not United States citizens while on
        official travel to a foreign area.\\
        //(3) CONFERENCES.--With respect to each financial
    contribution or expenditure relating to a conference, retreat,
    or similar event for or on behalf of covered legislative branch
    officials which is sponsored by or affiliated with an official
    congressional organization, the registrant shall disclose--\\
            //(A) the nature of the conference, retreat, or similar
        event;\\
            //(B) the date or dates on which the conference,
        retreat, or other event occurred; \\
            //(C) the identity of the organization that sponsored
        or is affiliated with the event; and\\
            //(D) a single aggregate figure for the contributions
        or expenditures made by the registrant or client of the
        registrant in connection with the conference, retreat, or
        similar event.\\
        //(4) EVENTS.--With respect to each financial contribution
    or expenditure that relates to a widely attended event that is
    hosted or cohosted with, or in honor of, 1 or more covered
    legislative branch officials, the registrant shall disclose--\\
            //(A) the name and position of each such covered
        legislative branch official that hosted, cohosted, or was
        honored at such event\\
            //(B) the nature of the event;\\
            //(C) the date on which the event occurred; and\\
            //(D) a single aggregate figure for the contributions
        or expenditures made by the registrant in connection with
        the event.\\
        //(5) CHARITABLE CONTRIBUTIONS.--With respect to each
    charitable contribution (as defined in section 170(c) of the
    Internal Revenue Code of 1986) made in lieu of an honorarium on
    the basis of a designation, recommendation, or other
    specification made by a covered legislative branch official, the
    registrant shall disclose--\\
            //(A) the name and position of each such covered
        legislative branch official;\\
            //(B) the name of any covered person or entity to whom
        or which the contribution was made;\\
            //(C) the date on which the contribution was made;
        and\\
            //(D) the value of the contribution.\\
        //(6) CONTRIBUTIONS TO LEGAL DEFENSE FUND.--With respect to
    each contribution or other payment made to a legal defense fund
    established for the benefit of a covered legislative branch
    official, the registrant shall disclose--\\
            //(A) the name and position of each such covered
        legislative branch official;\\
            //(B) the name of any other person or entity to whom or
        which the contribution was made;\\
            //(C) the date on which the contribution was made;
        and\\
            //(D) the value of the contribution.\\
        //(7) NOTIFICATION.--Not less than 3 weeks after an
    expenditure required to be reported under this subsection is
    made, the registrant or any client of a registrant who made or
    for whom was made such expenditure shall provide, in a standard
    format determined by the Office of Lobbying Registration and
    Public Disclosure, to any covered person or entity, whose name
    the registrant or client intends for the registrant to include
    in either the registrant's semiannual report under section 5(a)
    or a separate report on itemized expenditures under this
    subsection, a complete list of the information the registrant
    intends to disclose relative to that covered person or entity.
    The registrant shall not list in its report referred to in this
    paragraph any information relative to a covered person or entity
    who--\\
            //(A) was not the subject of the expenditure referred
        to in the preceding sentence, or\\
            //(B) reimburses the person making such expenditure the
        full amount of such expenditure within 30 days of the
        receipt of notification under this paragraph.\\

    //(d) EXCEPTIONS.--The following are not subject to subsection
(b) or (c):\\
        //(1) Anything for which market value is paid by the
    recipient. \\
        //(2) A contribution, as defined in the Federal Election
    Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully
    made under that Act.\\
        //(3) An item of little intrinsic value such as a greeting
    card, baseball cap, or a T-shirt or a personalized item such as
    a plaque, certificate, or trophy that is intended solely for
    recognition of a covered legislative branch official.\\
        //(4) Food and attendance provided to a covered person or
    entity at an event sponsored by an organization described in
    section 170(c) or 527(e) of the Internal Revenue Code of 1986.\\
        //(5)(A) An item described in subsection (b) (hereafter in
    this paragraph referred to as an "item") given under
    circumstances which make it clear that the item is given for a
    nonbusiness purpose and is motivated by a family relationship or
    personal friendship and not by the position of the recipient. In
    determining if the giving of an item is motivated by a family
    relationship or personal friendship, at least the following
    factors shall be considered:\\
            //(i) The history of the relationship between the
        individual giving the item and the individual receiving the
        item, including whether or not items have previously been
        exchanged by such individuals.\\
            //(ii) Whether the item was purchased by the individual
        who gave the item.\\
            //(iii) Whether the individual who gave the item also
        at the same time gave the same or similar item to other
        covered persons or entities.\\
        //(B) The giving of an item shall not be considered to be
    motivated by a family relationship or personal friendship if the
    family member or friend seeks--\\
            //(i) to deduct the value of such item as a business
        expense on the family member's or friend's Federal income
        tax return, or\\
            //(ii) reimbursement either from a registrant or from a
        client.\\
        //(6) Items which are not used and which are promptly
    returned to the donor.\\
        //(7) Except with respect to items described in subsection
    (c)--\\
            //(A) attendance, food, and refreshments at widely
        attended gatherings, including conventions, conferences,
        symposiums, retreats, dinners, receptions, viewings, or
        similar events if such attendance, food, and refreshments
        are unsolicited by the recipient and provided by the sponsor
        of the event,\\
            //(B) meals or entertainment that are unsolicited by
        the recipient and not paid for either directly or indirectly
        (including with funds of a registrant or client) by a
        lobbyist or an agent of a foreign principal (as defined in
        section 1(c) of the Foreign Agents Registration Act) and not
        paid for either directly or indirectly by a registrant
        described in section 5(b)(3), if an employee (other than a
        lobbyist) of--\\
                //(i) a registrant described in section 5(b)(4),
            or\\
                //(ii) a client of a registrant described in
            section 5(b)(3),\\
            //acting in a representational capacity, substantially
        participates in the meal or entertainment, and\\
            //(C) modest items of food or refreshment such as soft
        drinks, coffee, or doughnuts offered other than as part of a
        meal.\\
        //(8) Rewards and prizes given to competitors in contests
    or events, including random drawings open to the public.\\
        //(9) Loans from financial institutions on terms generally
    available to the public.\\
        //(10) Opportunities and benefits, including favorable
    rates and commercial discounts, available to the public or to a
    class consisting of all Government employees whether or not
    restricted on the basis of geographical considerations.\\
        //(11) Pension and other benefits resulting from continued
    participation in an employee welfare and benefits plan
    maintained by a former employer.\\
        //(12) Anything which is paid for by the Government or
    secured by the Government under Government contract.\\
        //(13) Any gift accepted under specific statutory authority
    except section 901 of the Ethics Reform Act of 1989 (2 U.S.C. 31-
    2).\\
        //(14) Reduced membership or other fees for participation
    in organizational activities offered to all Government employees
    by professional organizations if the only restrictions on
    membership relate to professional qualifications.\\
        //(15) Opportunities and benefits offered to members of a
    group or class in which membership is unrelated to congressional
    employment.\\
        //(16) Opportunities and benefits offered to members of an
    organization, such as credit unions, in which membership is
    related to congressional employment if similar benefits are
    broadly available to large segments of the public through
    organizations of similar size.\\
        //(17) Gifts resulting from the covered legislative branch
    official's outside business or employment activities when it is
    clear that such benefits have not been offered or enhanced
    because of the covered legislative branch official's official
    status.\\
        //(18) Gifts resulting from the business or employment
    activities of a covered legislative branch official's spouse
    when it is clear that such benefits have not been offered or
    enhanced because of the covered legislative branch official's
    official position.\\
        //(19) Informational materials that are sent to a covered
    legislative branch official's office in the form of books,
    articles, periodicals, other written materials, audio tapes,
    videotapes, or other forms of communication.\\
        //(20) Home State products, food, or other items of minimal
    value used primarily for promotional purposes.\\

    //(e) DEFINITION.--For purposes of this section, the term
"market value" when applied to a gift means the retail cost a person
would incur to purchase the gift. The market value of a gift of a
ticket entitling the holder to food, refreshments, or entertainment
is the retail cost of similar food, refreshments, or
entertainment.\\

    //(f) CLIENTS.--\\
        //(1) NOTICE TO CLIENTS.--A registrant described in section
    5(b)(3) shall by written notice inform any client of the
    registrant of the requirements of this section applicable to the
    client. Such notice shall be provided at the time the registrant
    registers on behalf of such client under section 4 and at the
    beginning of each semiannual reporting period under section
    5(a).\\
        //(2) NOTICE BY CLIENTS.--If a client of a registrant makes
    an expenditure which such registrant will be required to report
    under subsection (c), the client shall promptly notify the
    registrant of such expenditure. Failure to provide such notice
    shall be considered to be a violation of this Act.\\

    //(g) HOUSE RULES.--Clause (4) of Rule XLIII of the Rules of
the House of Representatives is amended by adding at the end the
following: "A Member, officer, or employee of the House of
Representatives shall not accept a gift given by a lobbyist or
registrant subject to the Lobbying Disclosure Act of 1994 in knowing
violation of that Act.".\\

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

    //(a)  ESTABLISHMENT.--\\
        //(1) OFFICE AND DIRECTOR.--There is established as an
    independent agency in the executive branch an Office of Lobbying
    Registration and Public Disclosure, which shall be headed by a
    Director. The Director shall be appointed by the President, by
    and with the advice and consent of the Senate. The Director
    shall be an individual who, by demonstrated ability, background,
    training, and experience, is especially qualified to carry out
    the functions of the position. The term of service of the
    Director shall be 5 years.\\
        //(2) COMPENSATION.--Section 5316 of title 5, United States
    Code, is amended by adding at the end thereof the following:\\
        //"Director of the Office of Lobbying Registration and
    Public Disclosure.". \\
        //(3) EMPLOYEES AND SERVICES.--The Director may--\\
            //(A) appoint officers and employees, including
        attorneys, in accordance with chapter 51 and subchapter III
        of chapter 53 of title 5, United States Code; and\\
            //(B) contract for financial and administrative
        services (including those related to budget and accounting,
        financial reporting, personnel, and procurement) with the
        General Services Administration or such other Federal agency
        as the Director determines appropriate, for which payment
        shall be made in advance or by reimbursement from funds of
        the Office in such amounts as may be agreed upon by the
        Director and the head of the agency providing such
        services.\\
        //Contract authority under subparagraph (B) shall be
    effective for any fiscal year only to the extent that
    appropriations are available for that purpose.\\

    //(b) DUTIES.--The Director of the Office of Lobbying
Registration and Public Disclosure shall--\\
        //(1) after notice and a reasonable opportunity for public
    comment, and consultation with the Secretary of the Senate, the
    Clerk of the House of Representatives, and the Administrative
    Conference of the United States, prescribe such regulations,
    forms, and penalty schedules as are necessary to carry out this
    Act;\\
        //(2) provide guidance and assistance on the registration
    and reporting requirements of this Act, including the issuance
    of published decisions and advisory opinions; \\
        //(3) review the registrations and reports filed under this
    Act and make such verifications or inquiries as are necessary to
    ensure the completeness, accuracy, and timeliness of the
    registrations and reports;\\
        //(4) develop filing, coding, and cross-indexing systems to
    carry out the purposes of this Act, including computerized
    systems designed to minimize the burden of filing and maximize
    public access to materials filed under this Act;\\
        //(5) ensure that the computer systems developed pursuant
    to paragraph (4)--\\
            //(A) allow the materials filed under this Act to be
        accessed by client name, lobbyist name, and registrant
        name;\\
            //(B) are compatible with computer systems developed
        and maintained by the Federal Election Commission, and that
        information filed in the two systems can be readily cross-
        referenced; and\\
            //(C) are compatible with computer systems developed
        and maintained by the Secretary of the Senate and the Clerk
        of the House of Representatives;\\
        //(6) make copies of each registration and report filed
    under this Act available to the public, upon the payment of
    reasonable fees, not to exceed the cost of such copies, as
    determined by the Director, in electronic and hard copy formats
    as soon as practicable after the date on which such registration
    or report is received;\\
        //(7) preserve the originals or accurate reproduction of-\\
            //(A) registrations filed under this Act, and\\
            //(B) of reports filed under this Act,\\
        //for a period of not less than 3 years from the date on
    which the registration or report is received;\\
        //(8) maintain a computer record of--\\
            //(A) the information contained in registrations, and\\
            //(B) the information contained in reports filed under
        this Act for not less than 5 years after the date on which
        such reports are received;\\
        //(9) compile and summarize, with respect to each
    semiannual period, the information contained in registrations
    and reports filed with respect to such period in a manner which
    clearly presents the extent and nature of expenditures on
    lobbying activities during such period;\\
        //(10) make information compiled and summarized under
    paragraph (9) available to the public in electronic and hard
    copy formats as soon as practicable after the close of each
    semiannual filing period; \\
        //(11) provide, by computer telecommunication or other
    transmittal in a form accessible by computer, to the Secretary
    of the Senate and the Clerk of the House of Representatives
    copies of all registrations and reports received under sections
    4 and 5 and all compilations, cross-indexes, and summaries of
    such registrations and reports, as soon as practicable (but not
    later than 3 working days) after such material is received or
    created;\\
        //(12) make available to the public a list of all persons
    whom the Director determines, under section 9(c) or 10(c), to
    have violated this Act and submit such list to the Congress on a
    semiannual basis;\\
        //(13) upon request, indicate if an individual who may have
    been the subject of a lobbying contact is or has been within 3
    years before the date of the request a covered executive branch
    official or a covered legislative branch official; and\\
        //(14) transmit to the President and the Congress a report,
    not later than March 31 of each year, describing the activities
    of the Office and the implementation of this Act, including--\\
            //(A) a financial statement for the preceding fiscal
        year;\\
            //(B) a summary of the registrations and reports filed
        with the Office with respect to the preceding calendar
        year;\\
            //(C) a summary of the registrations and reports filed
        on behalf of foreign entities with respect to the preceding
        calendar year; and\\
            //(D) recommendations for such legislative or other
        action as the Director considers appropriate.\\

/!SEC. 8. INITIAL PROCEDURE FOR ALLEGED VIOLATIONS. !\

    //(a) ALLEGATION OF A VIOLATION.--Whenever the Office of
Lobbying Registration and Public Disclosure has reason to believe
that a person may be in violation of the requirements of this Act,
the Director shall notify the person in writing of the nature of the
alleged violation and provide an opportunity for the person to
respond in writing to the allegation within 30 days after the
notification is sent or such longer period as the Director may
determine appropriate in the circumstances.\\

    //(b) INITIAL DETERMINATION.--If the person responds within the
period described in the notification under subsection (a), the
Director shall--\\
        //(1) issue a written determination that the person has not
    violated this Act if the person provides adequate information or
    explanation to make such determination; or\\
        // (2) make a formal request for information under
    subsection (c) or a determination under section 9, if the
    information or explanation provided indicates that such person
    may have violated this Act.\\

    //A determination under paragraph (1) may be published by the
Director with the names redacted if the Director determines the
determination without the names provides useful guidance.\\

    //(c) FORMAL REQUEST FOR INFORMATION.--If a person fails to
respond in writing within the period described in the notification
under subsection (a) or the response is not adequate to determine
whether such person has violated this Act, the Director may make a
formal request for specific additional written information (subject
to applicable privileges) that is reasonably necessary for the
Director to make such determination. Each such request shall be
structured to minimize any burden imposed, consistent with the need
to determine whether the person is in compliance with this Act, and
shall--\\
        //(1) state the nature of the conduct constituting the
    alleged violation which is the basis for the inquiry and the
    provision of law applicable thereto; \\
        //(2) describe the class or classes of material to be
    produced pursuant to the request with such definiteness and
    certainty as to permit such material to be readily identified;
    and \\
        //(3) prescribe a return date or dates which provide a
    reasonable period of time within which the person may assemble
    and make available for inspection and copying or reproduction
    the material so requested.\\

    //(d) NONDISCLOSURE OF INFORMATION.--Information provided to
the Director under this section and sections 9 and 10 shall not be
made available to the public without the consent of the person
providing the information, except to the extent such information may
be included in--\\
        //(1) any new or amended registration or report filed in
    connection with an inquiry under this section; or\\
        //(2) a written decision issued by the Director under
    section 9 or 10 after appropriate redaction by the Director to
    protect the interests of innocent parties.\\

/!SEC. 9. DETERMINATIONS OF VIOLATIONS.!\

    //(a) NOTIFICATION AND HEARING.--If the information provided to
the Director under section 8 indicates that a person may have
violated this Act, the Director shall--\\
        //(1) notify the person in writing of this finding and, if
    appropriate, a proposed penalty assessment and provide such
    person with an opportunity to respond in writing within 30 days
    after the notice is sent; and\\
        //(2) if requested in writing by that person within that 30-
    day period, afford the person an opportunity for a hearing on
    the record under the provisions of section 554 of title 5,
    United States Code.\\

    //(b) DETERMINATION.--Upon the receipt of a written response
under subsection (a)(1) when no hearing under subsection (a)(2) is
requested, upon the completion of a hearing requested under
subsection (a)(2), or upon the expiration of 30 days in a case in
which no such written response is received, the Director shall
review the information received under this section (including
evidence presented at any such hearing) and section 8 and make a
final determination whether there was a violation and a final
determination of the penalty, if any. If no written response was
received under this section within the 30-day period provided, the
determination and penalty assessment shall constitute a final order
not subject to appeal.\\

    //(c) WRITTEN DECISION.--\\
        //(1) DETERMINATION OF VIOLATION.--If the Director makes a
    final determination under subsection (b) that there was a
    violation, the Director shall issue a public written decision-\\
            //(A) directing the person to correct the violation;
        and\\
            //(B) assessing a civil monetary penalty in an amount
        determined as follows:\\
                //(i) In the case of a minor violation, the amount
            shall be no more than $10,000, depending on the nature
            and extent of the violation.\\
                //(ii) In the case of a significant violation, the
            amount shall be more than $10,000, but no more than
            $200,000, depending on the nature and extent of the
            violation and the extent to which the person may have
            profited from the violation.\\
        //(2) DETERMINATION OF NO VIOLATION OR INSUFFICIENT
    EVIDENCE.--If the Director determines that no violation occurred
    or there was not sufficient evidence that a violation occurred,
    the Director shall issue a written notice of such determination
    to the person charged. Such notice may be published by the
    Director with names redacted if the Director determines it
    provides useful guidance.\\

    //(d) CIVIL INJUNCTIVE RELIEF.--If a person fails to comply
with a directive to correct a violation under subsection (c), the
Director shall refer the case to the Attorney General to seek civil
injunctive relief in the appropriate court of the United States to
compel such person to comply with such directive.\\

    //(e) PENALTY ASSESSMENTS.--\\
        //(1) GENERAL RULE.--No penalty shall be assessed under
    this section unless the Director finds that the person subject
    to the penalty knew or should have known that such person was in
    violation of this Act. In determining the amount of a penalty to
    be assessed, the Director shall take into account the totality
    of the circumstances, including the extent and gravity of the
    violation and such other matters as justice may require.\\
        //(2) REGULATIONS.--Regulations prescribed by the Director
    under section 7 shall define minor and significant violations.
    Significant violations shall be defined to include a failure to
    register and any other violation that is extensive or repeated
    if the person who commits such violation knew or should have
    known that the action constituting the violation was a violation
    of this Act.\\

    //(f) LIMITATION.--No proceeding shall be initiated under this
section relating to a registration or report filed or required to be
filed under this Act unless the Director notifies the person who is
to be the subject to the proceeding of the alleged violation within
3 years after the date on which such registration or report was
filed or was required to be filed.\\

/!SEC. 10. OTHER VIOLATIONS. !\

    //(a) LATE REGISTRATION OR FILING; FAILURE TO PROVIDE
INFORMATION.--If a person registers or files a report after a
registration or filing is required under this Act, or fails to
provide information requested by the Director under section 8(c),
the Director shall--\\
        //(1) notify the person in writing of the violation and a
    proposed penalty assessment and provide such person with an
    opportunity to respond in writing within 30 days after the
    notice is sent; and \\
        //(2) if requested by that person within that 30-day period,
    afford the person a hearing in accordance with section
    9(a)(2).\\

    //(b) DETERMINATION.--Upon the receipt of a written response
under subsection (a)(1) when no hearing under subsection (a)(2) is
requested, upon the completion of a hearing requested under
subsection (a)(2), or upon the expiration of 30 days in a case in
which no such written response is received, the Director shall
review the information received under subsection (a) (including
evidence presented at any such hearing) and, unless the Director
determines, on the basis of such information, that the late filing
or failure to provide information was justified, the Director shall
make a final determination of a violation and a final determination
of the penalty, if any. If no written response or request for a
hearing was received under subsection (a) within the 30-day period
provided, the determination and penalty assessment shall constitute
a final order not subject to appeal.\\

    //(c) WRITTEN DECISION.--\\
        //(1) DETERMINATION OF VIOLATION.--If the Director makes a
    final determination under subsection (b) that there was a
    violation, the Director shall issue a public written decision-\\
            //(A) in the case of a late registration or filing,
        assessing a civil monetary penalty of $200 for each week by
        which the filing was late, with the total penalty not to
        exceed $10,000; or\\
            //(B) in the case of a failure to provide information-\\
                //(i) directing the person to provide the
            information within a reasonable period of time; and\\
                //(ii) except where the Director determines that
            the violation was the result of a good faith dispute
            over the validity or appropriate scope of a request for
            information, assessing a civil monetary penalty in an
            amount not to exceed $10,000.\\
        //(2) DETERMINATION OF NO VIOLATION OR INSUFFICIENT
    EVIDENCE.--If the Director determines that no violation occurred
    or there was not sufficient evidence that a violation occurred,
    the Director shall issue a written notice of such determination
    to the person charged. Such notice may be published by the
    Director with names redacted if the Director determines it
    provides useful guidance.\\

    //(d) CIVIL INJUNCTIVE RELIEF.--In the case of a person failing
to comply with a directive issued under subsection (c)(2)(A), the
Director shall refer such matter to the Attorney General, who shall
seek civil injunctive relief in the appropriate court of the United
States to compel such person to comply with such directive unless
the Attorney General finds no reasonable likelihood that the
Government would prevail.\\

/!SEC. 11. JUDICIAL REVIEW.!\

    //(a) FINAL DECISION.--A written decision issued by the
Director under section 9 or 10 shall become final 60 days after the
date on which the Director provides notice of the decision, unless
such decision is appealed under subsection (b) of this section.\\

    //(b) APPEAL.--Any person adversely affected by a written
decision issued by the Director under section 9 or 10 may appeal
such decision, except as provided under section 9(b) or 10(b), to
the appropriate United States court of appeals. Such review may be
obtained by filing a written notice of appeal in such court no later
than 60 days after the date on which the Director provides notice of
the Director's decision and by simultaneously sending a copy of such
notice of appeal to the Director. The Director shall file in such
court the record upon which the decision was issued, as provided
under section 2112 of title 28, United States Code. The findings of
fact of the Director shall be conclusive, unless found to be
unsupported by substantial evidence, as provided under section
706(2)(E) of title 5, United States Code. Any penalty assessed or
other action taken in the decision shall be stayed during the
pendency of the appeal.\\

    //(c) RECOVERY OF PENALTY.--Any penalty assessed in a written
decision which has become final under this Act may be recovered in a
civil action brought by the Attorney General in an appropriate
United States district court. In any such action, no matter that was
raised or that could have been raised before the Director or
pursuant to judicial review under subsection (b) may be raised as a
defense, and the determination of liability and the determination of
amounts of penalties and assessments shall not be subject to
review.\\

/!SEC. 12. RULES OF CONSTRUCTION.!\

    //(a) CONSTITUTIONAL RIGHTS.--Nothing in this Act shall be
construed to prohibit or interfere with--\\
        //(1) the right to petition the government for the redress
    of grievances,\\
        //(2) the right to express a personal opinion, or\\
        //(3) the right of association,\\

    //protected by the First Amendment to the Constitution.\\

    //(b) PROHIBITION OF ACTIVITIES.--Nothing in this Act shall be
construed to prohibit, or to authorize the Director or any court to
prohibit lobbying activities or lobbying contacts by any person,
regardless of whether such person is in compliance with the
requirements of this Act.\\

    //(c) AUDIT AND INVESTIGATIONS.--Nothing in this Act shall be
construed to grant general audit or investigative authority to the
Director, or to authorize the Director to review the files of a
registrant, except in accordance with the requirements of section
8.\\

/!SEC. 13. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT.!\

    //The Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et
seq.), is amended--\\
        //(1) in section 1--\\
            //(A) by striking out subsection (j);\\
            //(B) in subsection (o), by striking out "the
        dissemination of political propaganda and any other activity
        which the person engaging therein believes will, or which he
        intends to, prevail upon, indoctrinate, convert, induce,
        persuade, or in any other way influence" and inserting in
        lieu thereof "any activity which the person engaging in
        believes will, or which he intends to, in any way
        influence";\\
            //(C) in subsection (p) by striking out the semicolon
        and inserting in lieu thereof a period; and\\
            //(D) by striking out subsection (q);\\
        //(2) in section 3(g) (22 U.S.C. 613(g)), by striking out
    "established agency proceedings, whether formal or informal."
    and inserting in lieu thereof "judicial proceedings, criminal or
    civil law enforcement inquiries, investigations or proceedings,
    or agency proceedings required by statute or regulation to be
    conducted on the record.";\\
        //(3) in section 3 (22 U.S.C. 613), by adding at the end
    the following:\\

    //"(h) Any agent of a person described in section 1(b)(2) or an
entity described in section 1(b)(3) of this Act if the agent is
required to register and does register under the Lobbying Disclosure
Act of 1994 in connection with the agent's representation of such
person or entity.".\\
        //(4) in section 4(a) (22 U.S.C. 614(a))--\\
            //(A) by striking out "political propaganda" and
        inserting in lieu thereof "informational materials"; and\\
            //(B) by striking out "and a statement, duly signed by
        or on behalf of such an agent, setting forth full
        information as to the places, times, and extent of such
        transmittal";\\
        //(5) in section 4(b) (22 U.S.C. 614(b))--\\
            //(A) in the matter preceding clause (i) by striking
        out "political propaganda" and inserting in lieu thereof
        "informational materials"; and\\
            //(B) by striking out "(i) in the form of prints, or"
        and all that follows through the end of the subsection and
        inserting in lieu thereof "without placing in such
        informational materials a conspicuous statement that the
        materials are distributed by the agent on behalf of the
        foreign principal, and that additional information is on
        file with the Department of Justice, Washington, District of
        Columbia. The Attorney General may by rule define what
        constitutes a conspicuous statement for the purposes of this
        subsection.";\\
        //(6) in section 4(c) (22 U.S.C. 614(c)), by striking out
    "political propaganda" and inserting in lieu thereof
    "informational materials";\\
        //(7) in section 6 (22 U.S.C. 616)--\\
            //(A) in subsection (a), by striking out "and all
        statements concerning the distribution of political
        propaganda";\\
            //(B) in subsection (b), by striking out ", and one
        copy of every item of political propaganda"; and\\
            //(C) in subsection (c), by striking out "copies of
        political propaganda,";\\
        //(8) in section 8 (22 U.S.C. 618)--\\
            //(A) in subsection (a)(2), by striking out "or in any
        statement under section 4(a) hereof concerning the
        distribution of political propaganda"; and\\
            //(B) by striking out subsection (d); and\\
        //(9) in section 11 (22 U.S.C. 621), by striking out ",
    including the nature, sources, and content of political
    propaganda disseminated or distributed".\\

/!SEC. 14. AMENDMENTS TO THE BYRD AMENDMENT.!\

    //(a) REVISED CERTIFICATION REQUIREMENTS.--Section 1352(b) of
title 31, United States Code, is amended--\\
        //(1) in paragraph (2), by striking out subparagraphs (A),
    (B), and (C) and inserting in lieu thereof the following:\\
            //"(A) the name of any registrant under the Lobbying
        Disclosure Act of 1994 who has made lobbying contacts on
        behalf of the person with respect to that Federal contract,
        grant, loan, or cooperative agreement; and\\
            //"(B) a certification that the person making the
        declaration has not made, and will not make, any payment
        prohibited by subsection (a).";\\
        //(2) in paragraph (3), by striking out all that follows
    "loan shall contain" and inserting in lieu thereof "the name of
    any registrant under the Lobbying Disclosure Act of 1994 who has
    made lobbying contacts on behalf of the person in connection
    with that loan insurance or guarantee."; and\\
        //(3) by striking out paragraph (6) and redesignating
    paragraph (7) as paragraph (6).\\

    //(b) REMOVAL OF OBSOLETE REPORTING REQUIREMENT.--Section 1352
of title 31, United States Code, is further amended--\\
        //(1) by striking subsection (d); and\\
        //(2) by redesignating subsections (e), (f), (g), and (h)
    as subsections (d), (e), (f), and (g), respectively.\\

/!SEC. 15. REPEAL OF CERTAIN LOBBYING PROVISIONS.!\

    //(a) REPEAL OF THE FEDERAL REGULATION OF LOBBYING ACT.--The
Federal Regulation of Lobbying Act (2 U.S.C. 261 et seq.) is
repealed.\\

    //(b) REPEAL OF PROVISIONS RELATING TO HOUSING LOBBYIST
ACTIVITIES.--\\
        //(1) Section 13 of the Department of Housing and Urban
    Development Act (42 U.S.C. 3537b) is repealed.\\
        //(2) Section 536(d) of the Housing Act of 1949 (42 U.S.C.
    1490p(d)) is repealed.\\

/!SEC. 16. CONFORMING AMENDMENTS TO OTHER STATUTES.!\

    //(a) AMENDMENT TO COMPETITIVENESS POLICY COUNCIL ACT.--Section
5205(e) of the Competitiveness Policy Council Act (15 U.S.C.
4804(e)) is amended by inserting "or a lobbyist for a foreign entity
(as the terms `lobbyist' and `foreign entity' are defined in section
3 of the Lobbying Disclosure Act of 1994)" after "an agent for a
foreign principal".\\

    //(b) AMENDMENTS TO TITLE18,UNITED STATES CODE.--Section 219(a)
of title 18, United States Code, is amended (1) by inserting "or a
lobbyist required to register under the Lobbying Disclosure Act of
1994 in connection with the representation of a foreign entity, as
defined in section 3(7) of that Act" after "an agent of a foreign
principal required to register under the Foreign Agents Registration
Act of 1938", and (2) by striking out ", as amended,". Section
201(c)(1) of such title is amended by inserting "or rule or
regulation issued pursuant to section 7353(b) by the supervising
ethics office as defined in section 7353(d)(1) (A) through (E) of
title 5" after "as provided by law".\\

    //(c) AMENDMENT TO FOREIGN SERVICE ACT OF 1980.--Section 602(c)
of the Foreign Service Act of 1980 (22 U.S.C. 4002(c)) is amended by
inserting "or a lobbyist for a foreign entity (as defined in section
3(7) of the Lobbying Disclosure Act of 1994)" after "an agent of a
foreign principal (as defined by section 1(b) of the Foreign Agents
Registration Act of 1938)".\\

/!SEC. 17. IDENTIFICATION OF FOREIGN CLIENT.!\

    //(a) ORAL LOBBYING CONTACT.--Any person who makes an oral
lobbying contact with a covered legislative branch official or a
covered executive branch official on behalf of a foreign client
shall, on the request of the official, identify the client on whose
behalf the lobbying contact was made, state that such client is
considered a foreign client under this section, and state whether
such person is registered on behalf of that client under section 4.
Such person shall, within one week of such lobbying contact, send to
the covered legislative branch official or the covered executive
branch official written confirmation of the information provided.\\

    //(b) WRITTEN LOBBYING CONTACT.--Any person who makes a written
lobbying contact (including an electronic communication) with a
covered legislative branch official or a covered executive branch
official on behalf of a foreign client shall identify the client on
whose behalf the lobbying contact was made, state that such client
is considered a foreign client under this section, and state whether
such person is registered on behalf of that client under section
4.\\

    //(c) DEFINITION.--For purposes of subsections (a) and (b), the
term "foreign client" means a foreign entity as defined in section
3(7) or any organization or combination of persons under United
States or foreign law if more than 50 percent of its members are
foreign entities, if more than 50 percent of the equitable ownership
of the organization or combination is held by foreign entities, or
if more than 50 percent of its financial support is provided by
foreign entities.\\

/!SEC. 18. AUTHORIZATION OF APPROPRIATIONS.!\

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

/!SEC. 19. SEVERABILITY.!\

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

/!SEC. 20. EFFECTIVE DATES AND INTERIM RULE.!\

    //(a) IN GENERAL.--Except as otherwise provided in this section,
the provisions of this Act shall take effect 1 year after the date
of the enactment of this Act.\\

    //(b) ESTABLISHMENT OF OFFICE.--The provisions of sections 7
and 18 and the amendments made by section 16 shall take effect on
the date of the enactment of this Act.\\

    //(c) REPEALS AND AMENDMENTS.--The repeals and amendments made
under sections 13, 14, and 15 shall take effect as provided under
subsection (a), except that such repeals and amendments--\\
        //(1) shall not affect any proceeding or suit commenced
    before the effective date under subsection (a), and in all such
    proceedings or suits, proceedings shall be had, appeals taken,
    and judgments rendered in the same manner and with the same
    effect as if this Act had not been enacted; and\\
        //(2) shall not affect the requirements of Federal agencies
    to compile, publish, and retain information filed or received
    before the effective date of such repeals and amendments.\\

    //(d) REGULATIONS.--Proposed regulations required to implement
this Act shall be published for public comment no later than 270
days after the date of the enactment of this Act. No later than 1
year after the date of the enactment of this Act, final regulations
required to implement this Act shall be published.\\

    //(e) PHASE-IN-PERIOD.--No penalty shall be assessed by the
Director under section 9(e) for a violation of this Act, other than
for a violation of section 6, which occurs during the first
semiannual reporting period under section 5 after the effective date
prescribed by subsection (a).\\

    //(f) INTERIM REPORTING RULE.--\\
        //(1) RULE.--For 3 years after the date of the enactment of
    this Act, any registrant engaged in lobbying activities on its
    own behalf that is denied a deduction for expenditures
    associated with such lobbying activities under section 162(e) of
    the Internal Revenue Code of 1986, may make a good faith
    estimate (by category of dollar value) of the amount of the
    deduction denied for the applicable semiannual period to meet
    the requirements of section 5(b)(4) of this Act. Each time a
    registrant elects to estimate lobbying expenditures pursuant to
    this paragraph, the registrant shall inform the Director that it
    is making such an estimate.\\
        //(2) STUDY.--Within 120 days of the filing of reports by
    registrants under section 5 in the second semiannual reporting
    period, the Comptroller General of the United States shall
    review reporting by registrants under paragraph (1) in such
    periods and report to the Congress--\\
            //(A) the differences between the definition of
        lobbying activities in section 3 and the definition of
        lobbying expenditures in such section 162(e) as each are
        implemented by regulations;\\
            //(B) the impact any such differences may have on the
        amounts reported by the registrants who elect to estimate
        lobbying expenditures pursuant to paragraph (1); and\\
            //(C) any changes to this Act or to such section 162(e)
        which the Comptroller General may recommend to harmonize the
        two definitions.\\

    //(g) TRANSITIONAL FILING REQUIREMENT.--\\
        //(1) SIMULTANEOUS FILING.--Subject to the provisions of
    paragraph (2), each registrant shall transmit simultaneously to
    the Secretary of the Senate and the Clerk of the House of
    Representatives an identical copy of each registration and
    report required to be filed under this Act.\\
        //(2) SUNSET PROVISION.--The simultaneous filing
    requirement under paragraph (1) shall be effective until such
    time as the Director, in consultation with the Secretary of the
    Senate and the Clerk of the House of Representatives, determines
    that the Office of Lobbying Registration and Public Disclosure
    is able to provide computer telecommunication or other
    transmittal of registrations and reports as required under
    section 7(b)(11).\\
        //(3) IMPLEMENTATION.--The Director, the Secretary of the
    Senate, and the Clerk of the House of Representatives shall take
    such actions as necessary to ensure that the Office of Lobbying
    Registration and Public Disclosure is able to provide computer
    telecommunication or other transmittal of registrations and
    reports as required under section 7(b)(11) on the effective date
    of this Act, or as soon thereafter as reasonably practicable.\\

    Attest:
                                                       //Clerk.\\

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