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Subject: LEGIS: Full Text of S.349 (Lobbying Disclosure Act)
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    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 
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 

  
                   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.\\


