
           HOUSE ACTIONS FOR LAST THREE LEGISLATIVE DAYS

               HOUSE ACTIONS FOR  September 29, 1994
 
Bills Introduced: Ten public bills, H.R. 5128-5137; and one private
    bill, H.R. 5138, were introduced.
 
Lobbying Disclosure Act: By a recorded vote of 306 ayes to 112
    noes, Roll No. 451, the House agreed to the conference report
    on S. 349, to provide for the disclosure of lobbying activities
    to influence the Federal Government - clearing the measure for
    Senate action.
 
      Rejected a Gekas motion to recommit the bill to the committee
    of conference with instructions to report the bill back
    forthwith containing amendments pertaining to grassroots lobby
    organizations, their activities, and their expenditures
    (rejected by a yea-and-nay vote of 202 yeas to 215 nays, No.
    450).
      Earlier, a point of order was sustained against a Gekas
    motion to recommit the bill to the committee of conference with
    instructions to report the bill back forthwith containing
    amendments to delete language referring to religious
    organizations` lobbying activities; the name, address, and
    place of business of the entity retained by grassroots
    organizations; and their total expenditures.
      H. Res. 550, the rule which waived points of order against
    the consideration of the conference report was agreed to
    earlier by a yea-and-nay vote of 216 yeas to 205 nays, Roll No.
    449.


...

103d CONGRESS H. R. 5085  As Introduced in the House

Note: This document is the unofficial version of a Bill or Resolution.
      The printed Bill and Resolution produced by the Government Printing
      Office is the only official version.

VERSION   As Introduced in the House
CONGRESS  103d CONGRESS
           2d Session
BILL                                   H. R. 5085
TITLE     A bill to provide for the disclosure of lobbying activities to
              influence the Federal Government, and for other purposes.
                                  --------------------
                            IN THE HOUSE OF REPRESENTATIVES
                                   SEPTEMBER 23, 1994
          Mr. Bryant introduced the following bill; which was referred to the
              Committee on the Judiciary
                                  --------------------
TEXT                                     A BILL
          A bill to provide for the disclosure of lobbying activities to
              influence the Federal Government, and for other purposes.
            Be it enacted by the Senate and House of Representatives of the
          United States of America in Congress assembled,
                             TITLE I - LOBBYING DISCLOSURE
          SECTION 101. SHORT TITLE.
            This title may be cited as the `Lobbying Disclosure Act of 1994`.
          SEC. 102. FINDINGS.
            The Congress finds that -
                (1) responsible representative Government requires public
              awareness of the efforts of paid lobbyists to influence the
              public decision making process in both the legislative and
              executive branches of the Federal Government;
                (2) existing lobbying disclosure statues have been
              ineffective because of unclear statutory language, weak
              administrative and enforcement provisions, and an absence of
              clear guidance as to who is required to register and what they
              are required to disclose; and
                (3) the effective public disclosure of the identity and
              extent of the efforts of paid lobbyists to influence Federal
              officials in the conduct of Government actions will increase
              public confidence in the integrity of Government.
          SEC. 103. DEFINITIONS.
            As used in this title:
                (1) Agency. - The term `agency` has the meaning given that
              term in section 551(1) of title 5, United States Code.
                (2) Client. - The term `client` means any person or entity
              that employs or retains another person for financial or other
              compensation to conduct lobbying activities on behalf of that
              person or entity.  A person or entity whose employees act as
              lobbyists on its own behalf is both a client and an employer of
              such employees.  In the case of a coalition or association that
              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) an individual member or members, when the lobbying
                  activities are conducted on behalf of, and financed
                  separately by, 1 or more individual members and not by the
                  coalition`s or association`s dues and assessments.
                (3) Covered executive branch official. - The term `covered
              executive branch official` means -
                    (A) the President;
                    (B) the Vice President;
                    (C) any officer or employee, or any other individual
                  functioning in the capacity of such an officer or employee,
                  in the Executive Office of the President;
                    (D) any officer or employee serving in a position in
                  level I, II, III, IV, or V of the Executive Schedule, as
                  designated by statute or executive order;
                    (E) any officer or employee serving in a Senior Executive
                  Service position, as defined in section 3132(a)(2) of title
                  5, United States Code;
                    (F) any member of the uniformed services whose pay grade
                  is at or above O-7 under section 201 of title 37, United
                  States Code; and
                    (G) any officer or employee serving in a position of a
                  confidential, policy-determining, policy-making, or
                  policy-advocating character described in section 7511(b)(2)
                  of title 5, United States Code.
                (4) Covered legislative branch official. - The term `covered
              legislative branch official` means -
                    (A) a Member of Congress;
                    (B) an elected officer of either House of Congress;
                    (C) any employee of, or any other individual functioning
                  in the capacity of an employee of -
                        (i) a Member of Congress;
                        (ii) a committee of either House of Congress;
                        (iii) the leadership staff of the House of
                      Representatives or the leadership staff of the Senate;
                        (iv) a joint committee of Congress; and
                        (v) a working group or caucus organized to provide
                      legislative services or other assistance to Members of
                      Congress; and
                    (D) any other legislative branch employee serving in a
                  position described under section 109(13) of the Ethics in
                  Government Act of 1978 (5 U.S.C. App.).
                (5) Director. - The term `Director` means the Director of the
              Office of Lobbying Registration and Public Disclosure.
                (6) Employee. - The term `employee` means any individual who
              is an officer, employee, partner, director, or proprietor of a
              person or entity, but does not include -
                    (A) independent contractors; or
                    (B) volunteers who receive no financial or other
                  compensation from the person or entity for their services.
                (7) Foreign entity. - The term `foreign entity` means a
              foreign principal (as defined in section 1(b) of the Foreign
              Agents Registration Act of 1938 (22 U.S.C. 611(b)).
                (8) Grassroots lobbying communications. - The term
              `grassroots lobbying communications` means -
                    (A) any communication that attempts to influence a matter
                  described in clause (i), (ii), (iii), or (iv) of section
                  103(10)(A) through an attempt to affect the opinions of the
                  general public or any segment thereof;
                    (B) any communication between an organization and any
                  bona fide member of such organization to directly encourage
                  such member to make a communication to a covered executive
                  branch official or a covered legislative branch official
                  with regard to a matter described in clause (i), (ii),
                  (iii), or (iv) of section 103(10)(A); and
                    (C) any communication between an organization and any
                  bona fide member of such organization to directly encourage
                  such member to urge persons other than members to
                  communicate as provided in either subparagraph (A) or
                  subparagraph (B).
                (9) Lobbying activities. -
                    (A) Definition. - The term `lobbying activities` means
                  lobbying contacts and efforts in support of such contacts,
                  including preparation and planning activities, research and
                  other background work that is intended, at the time it is
                  performed, for use in contacts, and coordination with the
                  lobbying activities of others.  Except as provided in
                  subparagraph (B), lobbying activities also include
                  grassroots lobbying communications to the extent that such
                  communications are made in support of a lobbying contact.
                  A communication in support of a lobbying contact is a
                  lobbying activity even if the communication is excluded
                  from the definition of `lobbying contact` under paragraph
                  (10)(B).
                    (B) Religious organizations. - Lobbying activities do not
                  include grassroots 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
                  another registrant or any person or entity required to be
                  identified under section 104(b)(5).
                (10) Lobbying contact. -
                    (A) Definition. - The term `lobbying contact` means any
                  oral or written communication (including an electronic
                  communication) to a covered executive branch official or a
                  covered legislative branch official that is made on behalf
                  of a client with regard to -
                        (i) the formulation, modification, or adoption of
                      Federal legislation (including legislative proposals);
                        (ii) the formulation, modification, or adoption of a
                      Federal rule, regulation, Executive order, or any other
                      program, policy, or position of the United States
                      Government;
                        (iii) the administration or execution of a Federal
                      program or policy (including the negotiation, award, or
                      administration of a Federal contract, grant, loan,
                      permit, or license), except that this clause does not
                      include communications that are made to any covered
                      executive branch official -
                            (I) who is serving in a Senior Executive Service
                          position described in paragraph (3)(E); or
                            (II) who is a member of the uniformed services
                          whose pay grade is lower than O-9 under section 201
                          of title 37, United States Code,
                      in the agency responsible for taking such
                      administrative or executive action; or
                        (iv) the nomination or confirmation of a person for a
                      position subject to confirmation by the Senate.
                    (B) Exceptions. - The term `lobbying contact` does not
                  include a communication that is -
                        (i) made by a public official acting in the public
                      official`s official capacity;
                        (ii) made by a representative of a media organization
                      if the purpose of the communication is gathering and
                      disseminating news and information to the public;
                        (iii) made in a speech, article, publication or other
                      material that is widely distributed to the public, or
                      through radio, television, cable television, or other
                      medium of mass communication;
                        (iv) made on behalf of a government of a foreign
                      country or a foreign political party and disclosed
                      under the Foreign Agents Registration Act of 1938 (22
                      U.S.C. 611 et seq.);
                        (v) a request for a meeting, a request for the status
                      of an action, or any other similar administrative
                      request, if the request does not include an attempt to
                      influence a covered executive branch official or a
                      covered legislative branch official;
                        (vi) made in the course of participation in an
                      advisory committee subject to the Federal Advisory
                      Committee Act;
                        (vii) testimony given before a committee,
                      subcommittee, or task force of the Congress, or
                      submitted for inclusion in the public record of a
                      hearing conducted by such committee, subcommittee, or
                      task force;
                        (viii) information provided in writing in response to
                      a written request by a covered executive branch
                      official or a covered legislative branch official for
                      specific information;
                        (ix) required by subpoena, civil investigative
                      demand, or otherwise compelled by statute, regulation,
                      or other action of the Congress or an agency;
                        (x) made in response to a notice in the Federal
                      Register, Commerce Business Daily, or other similar
                      publication soliciting communications from the public
                      and directed to the agency official specifically
                      designated in the notice to receive such
                      communications;
                        (xi) not possible to report without disclosing
                      information, the unauthorized disclosure of which is
                      prohibited by law;
                        (xii) made to an official in an agency with regard to
                      -
                            (I) a judicial proceeding or a criminal or civil
                          law enforcement inquiry, investigation, or
                          proceeding; or
                            (II) a filing or proceeding that the Government
                          is specifically required by statute or regulation
                          to maintain or conduct on a confidential basis,
                      if that agency is charged with responsibility for such
                      proceeding, inquiry, investigation, or filing;
                        (xiii) made in compliance with written agency
                      procedures regarding an adjudication conducted by the
                      agency under section 554 of title 5, United States
                      Code, or substantially similar provisions;
                        (xiv) a written comment filed in the course of a
                      public proceeding or any other communication that is
                      made on the record in a public proceeding;
                        (xv) a petition for agency action made in writing and
                      required to be a matter of public record pursuant to
                      established agency procedures;
                        (xvi) made on behalf of an individual with regard to
                      that individual`s benefits, employment, or other
                      personal matters involving only that individual, except
                      that this clause does not apply to any communication
                      with -
                            (I) a covered executive branch official, or
                            (II) a covered legislative branch official (other
                          than the individual`s elected Members of Congress
                          or employees who work under such Members` direct
                          supervision),
                      with respect to the formulation, modification, or
                      adoption of private legislation for the relief of that
                      individual;
                        (xvii) a disclosure by an individual that is
                      protected under the amendments made by the
                      Whistleblower Protection Act of 1989, under the
                      Inspector General Act of 1978, or under another
                      provision of law;
                        (xviii) made by -
                            (I) a church, its integrated auxiliary, or a
                          convention or association of churches that is
                          exempt from filing a Federal income tax return
                          under paragraph 2(A)(i) of section 6033(a) of the
                          Internal Revenue Code of 1986, or
                            (II) a religious order that is exempt from filing
                          a Federal income tax return under paragraph
                          (2)(A)(iii) of such section 6033(a),
                      if the communication constitutes the free exercise of
                      religion or is for the purpose of protecting the right
                      to the free exercise of religion; and
                        (xix) between -
                            (I) officials of a self-regulatory organization
                          (as defined in section 3(a)(26) of the Securities
                          Exchange Act) that is registered with or
                          established by the Securities and Exchange
                          Commission as required by that Act; and
                            (II) the Securities and Exchange Commission,
                      relating to the regulatory responsibilities of such
                      organization under that Act.
                (11) Lobbying firm. - The term `lobbying firm` means a person
              or entity that has 1 or more employees who are lobbyists on
              behalf of a client other than that person or entity.  The term
              also includes a self-employed individual who is a lobbyist.
                (12) Lobbyist. - The term `lobbyist` means any individual who
              is employed or retained by a client for financial or other
              compensation for services that include one or more lobbying
              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.
                (13) Media organization. - The term `media organization`
              means a person or entity engaged in disseminating information
              to the general public through a newspaper, magazine, other
              publication, radio, television, cable television, or other
              medium of mass communication.
                (14) Member of congress. - The term `Member of Congress`
              means a Senator or a Representative in, or Delegate or Resident
              Commissioner to, the Congress.
                (15) Organization. - The term `organization` means a person
              or entity other than an individual.
                (16) Person or entity. - The term `person or entity` means
              any individual, corporation, company, foundation, association,
              labor organization, firm, partnership, society, joint stock
              company, group of organizations, or State or local government.
                (17) Public official. - The term `public official` means any
              elected official, appointed official, or employee of -
                    (A) a Federal, State, or local unit of government in the
                  United States other than -
                        (i) a college or university;
                        (ii) a government-sponsored enterprise (as defined in
                      section 3(8) of the Congressional Budget and
                      Impoundment Control Act of 1974);
                        (iii) a public utility that provides gas,
                      electricity, water, or communications;
                        (iv) a guaranty agency (as defined in section 435(j)
                      of the Higher Education Act of 1965 (20 U.S.C.
                      1085(j))), including any affiliate of such an agency;
                      or
                        (v) an agency of any State functioning as a student
                      loan secondary market pursuant to section 435(d)(1)(F)
                      of the Higher Education Act of 1965 (20 U.S.C.
                      1085(d)(1)(F));
                    (B) a Government corporation (as defined in section 9101
                  of title 31, United States Code);
                    (C) an organization of State or local elected or
                  appointed officials other than officials of an entity
                  described in clause (i), (ii), (iii), (iv), or (v) of
                  subparagraph (A);
                    (D) an Indian tribe (as defined in section 4(e) of the
                  Indian Self-Determination and Education Assistance Act (25
                  U.S.C. 450b(e));
                    (E) a national or State political party or any
                  organizational unit thereof; or
                    (F) a national, regional, or local unit of any foreign
                  government.
                (18) State. - The term `State` means each of the several
              States, the District of Columbia, and any commonwealth,
              territory, or possession of the United States.
          SEC. 104. REGISTRATION OF LOBBYISTS.
            (a) Registration. -
                (1) General rule. - No later than 30 days after a lobbyist
              first makes a lobbying contact or is employed or retained to
              make a lobbying contact, whichever is earlier, such lobbyist
              (or, as provided under paragraph (2), the organization
              employing such lobbyist), shall register with the Office of
              Lobbying Registration and Public Disclosure.
                (2) Employer filing. - Any organization that has 1 or more
              employees who are lobbyists shall file a single registration
              under this section on behalf of such employees for each client
              on whose behalf the employees act as lobbyists.
                (3) Exemption. -
                    (A) General rule. - Notwithstanding paragraphs (1) and
                  (2), a person or entity whose -
                        (i) total income for matters related to lobbying
                      activities on behalf of a particular client (in the
                      case of a lobbying firm) does not exceed and is not
                      expected to exceed $2,500; or
                        (ii) total expenses in connection with lobbying
                      activities (in the case of an organization whose
                      employees engage in lobbying activities on its own
                      behalf) do not exceed or are not expected to exceed
                      $5,000.
                  (as estimated under section 105) in the semiannual period
                  described in section 105(a) during which the registration
                  would be made is not required to register under subsection
                  (a) with respect to such client.
                    (B) Adjustment. - The dollar amounts in 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 enactment of this title; and
                        (ii) on January 1 of each fourth year occurring after
                      January 1, 1997, to reflect changes in the Consumer
                      Price Index (as determined by the Secretary of Labor)
                      during the preceding 4-year period,
                  rounded to the nearest $500.
            (b) Contents of Registration. - Each registration under this
          section shall be in such form as the Director shall prescribe by
          regulation and shall contain -
                (1) the name, address, business telephone number, and
              principal place of business of the registrant, and a general
              description of its business or activities;
                (2) the name, address, and principal place of business of the
              registrant`s client, and a general description of its business
              or activities (if different from paragraph (1));
                (3) the name, address, and principal place of business of any
              organization, other than the client, that -
                    (A) contributes more than $5,000 toward the lobbying
                  activities of the registrant in a semiannual period
                  described in section 105(a); and
                    (B) participates significantly in the planning,
                  supervision, or control of such lobbying activities;
                (4) the name, address, principal place of business, amount of
              any contribution of more than $5,000 to the lobbying activities
              of the registrant, and approximate percentage of equitable
              ownership in the client (if any) of any foreign entity that -
                    (A) holds at least 20 percent equitable ownership in the
                  client or any organization identified under paragraph (3);
                    (B) directly or indirectly, in whole or in major part,
                  plans, supervises, controls, directs, finances, or
                  subsidizes the activities of the client or any organization
                  identified under paragraph (3); or
                    (C) is an affiliate of the client or any organization
                  identified under paragraph (3) and has a direct interest in
                  the outcome of the lobbying activity;
                (5) the name, address, and principal place of business of any
              person or entity retained by the registrant to conduct
              grassroots lobbying communications on behalf of the registrant
              or the client (other than an employee of the registrant or a
              person or entity that is separately registered under this title
              in connection with such representation);
                (6) a statement of -
                    (A) the general issue 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
              first acted (after the date of enactment of this Act) as a
              lobbyist on behalf of the client, the position in which such
              employee served.
            (c) Guidelines for Registration. -
                (1) Multiple clients. - In the case of a registrant making
              lobbying contacts on behalf of more than 1 client, a separate
              registration under this section shall be filed for each such
              client.
                (2) Multiple contacts. - A registrant who makes more than 1
              lobbying contact for the same client shall file a single
              registration covering all such lobbying contacts.
            (d) Termination of Registration. - A registrant who after
          registration -
                (1) is no longer employed or retained by a client to conduct
              lobbying activities; and
                (2) does not anticipate any additional lobbying activities
              for such client,
          may so notify the Director and terminate its registration.
          SEC. 105. REPORTS BY REGISTERED LOBBYISTS.
            (a) Semiannual Report. -
                (1) In general. - No later than 30 days after the end of the
              semiannual period beginning on the first day of each January
              and the first day of July of each year in which a registrant is
              registered under section 104, each registrant shall file a
              report with the Office of Lobbying Registration and Public
              Disclosure on its lobbying activities during such semiannual
              period.  A separate report shall be filed for each client of
              the registrant.
                (2) Exemption. -
                    (A) General rule. - Any registrant whose -
                        (i) total income for a particular client for matters
                      that are related to lobbying activities on behalf of
                      that client (in the case of a lobbying firm), does not
                      exceed and is not expected to exceed $2,500; or
                        (ii) total expenses in connection with lobbying
                      activities (in the case of a registrant whose employees
                      engage in lobbying activities on its own behalf) do not
                      exceed and are not expected to exceed $5,000,
                  in a semiannual period (as estimated under paragraph (3) or
                  (4) of subsection (b) or paragraph (4) or subsection (c),
                  as applicable) is deemed to be inactive during such period
                  and may comply with the reporting requirements of this
                  section by so notifying the Director in such form as the
                  Director may prescribe.
                    (B) Adjustment. - The dollar amounts in subparagraph (A)
                  shall be adjusted as provided in section 104(a)(3)(B).
            (b) Contents of Report. - Each semiannual report filed under
          subsection (a) shall be in such form as the Director shall
          prescribe by regulation and shall contain -
                (1) the name of the registrant, the name of the client, and
              any changes or updates to the information provided in the
              initial registration;
                (2) for each general issue area in which the registrant
              engaged in lobbying activities on behalf of the client during
              the semiannual filing period -
                    (A) a list of the specific issues upon which a lobbyist
                  employed by the registrant engaged in lobbying activities,
                  including, to the maximum extent practicable, a list of
                  bill numbers and references to specific regulatory actions,
                  programs, projects, contracts, grants and loans;
                    (B) a statement of the Houses and committees of Congress
                  and the Federal agencies contacted by lobbyists employed by
                  the registrant on behalf of the client;
                    (C) a list of the employees of the registrant who acted
                  as lobbyists on behalf of the client;
                    (D) a description of the interest, if any, of any foreign
                  entity identified under section 104(b)(4) in the specific
                  issues listed under subparagraph (A); and
                    (E) a list of the specific issues on which any person or
                  entity required to be identified under section 104(b)(5)
                  has engaged in grass roots lobbying communications on
                  behalf of the client;
                (3) in the case of a lobbying firm, a good faith estimate of
              the total amount of all income from the client (including any
              payments to the registrant by any other person for lobbying
              activities on behalf of the client) during the semiannual
              period, other than income for matters that are unrelated to
              lobbying activities;
                (4) in the case of a registrant engaged in lobbying
              activities on its own behalf, a good faith estimate of the
              total expenses that the registrant and its employees incurred
              in connection with lobbying activities during the semiannual
              filing period;
                (5) the name, address, and principal place of business of any
              person or entity other than the client who paid the registrant
              to lobby on behalf of the client; and
                (6) a good faith estimate of the total expenses that the
              registrant and its employees incurred in connection with grass
              roots lobbying communications on behalf of the client
              (including any amount paid, in connection with such
              communications, to a person or entity required to be identified
              under section 104(b)(5)).
            (c) Estimates of Income or Expenses. - For purposes of this
          section, estimates of income or expenses shall be made as follows:
                (1) $100,000 or less. - Income or expenses of $100,000 or
              less shall be estimated in accordance with the following
              categories:
                    (A) $10,000 or less.
                    (B) More than $10,000 but not more than $20,000.
                    (C) More than $20,000 but not more than $50,000.
                    (D) More than $50,000 but not more than $100,000.
                (2) More than $100,000 but not more than $500,000. - Income
              or expenses in excess of $100,000 but not more than $500,000
              shall be estimated and rounded to the nearest $50,000.
                (3) More than $500,000. - Income or expenses in excess of
              $500,000 shall be estimated and rounded to the nearest
              $100,000.
                (4) Estimates based on tax reporting system. - In the case of
              any registrant that is required to report and does report
              lobbying expenditures as required by section 6033(b)(8) of the
              Internal Revenue Code of 1986, regulations prescribed under
              section 107 shall provide that the registrant may make a good
              faith estimate of applicable amounts that would be required to
              be disclosed under such section of the Internal Revenue Code of
              1986 for the applicable semiannual period (by category of
              dollar value) to meet the requirements of subsections (b)(4)
              and (b)(6), if each time the registrant makes such an estimate,
              the registrant informs the Director that the registrant is
              making such an estimate.
                (5) Construction. - In estimating total income or expenses
              under this section, a registrant is not required to include -
                    (A) the value of contributed services for which no
                  payment is made; or
                    (B) the expenses for services provided by an independent
                  contractor of the registrant who is separately registered
                  under this title.
            (d) Contacts. -
                (1) Contact with committees. - For purposes of subsection
              (b)(2), any contact with a member of a committee of Congress,
              an employee of a committee of Congress, or an employee of a
              member of a committee of Congress regarding a matter within the
              jurisdiction of such committee shall be considered to be a
              contact with the committee.
                (2) Contacts with house of congress. - For purposes of
              subsection (b)(2), any contact with a Member of Congress or an
              employee of a Member of Congress regarding a matter that is not
              within the jurisdiction of a committee of Congress of which
              that Member is a member shall be considered to be a contact
              with the House of Congress of that Member.
                (3) Contacts with federal agencies. - For purposes of
              subsection (b)(2), any contact with a covered executive branch
              official shall be considered to be a contact with the Federal
              agency that employs that official, except that a contact with a
              covered executive branch official who is detailed to another
              Federal agency or to the Congress shall be considered to be a
              contact with the Federal agency or with the committee of
              Congress or House of Congress to which the official is
              detailed.
            (e) Extension for Filing. - The Director may grant an extension
          of 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. 106. PROHIBITION ON GIFTS BY LOBBYISTS, LOBBYING FIRMS, AND
                        AGENTS OF FOREIGN PRINCIPALS.
            (a) In General. -
                (1) Prohibition. - No lobbyist or lobbying firm registered
              under this title and no agent of a foreign principal registered
              under the Foreign Agents Registration Act may provide a gift,
              directly or indirectly, to any covered legislative branch
              official.
                (2) Definition. - For purposes of this section -
                    (A) the term `gift` means any gratuity, favor, discount,
                  entertainment, hospitality, loan, forbearance, or other
                  item having monetary value and such term includes gifts of
                  services, training, transportation, lodging, and meals,
                  whether provided in kind, by purchase of a ticket, payment
                  in advance, or reimbursement after the expense has been
                  incurred; and
                    (B) a gift to the spouse or dependent of a covered
                  legislative branch official (or a gift to any other
                  individual based on that individual`s relationship with the
                  covered legislative branch official) shall be considered a
                  gift to the covered legislative branch official if it is
                  given with the knowledge and acquiescence of the covered
                  legislative branch official and is given because of the
                  official position of the covered legislative branch
                  official.
            (b) Gifts. - The prohibition in subsection (a) includes the
          following:
                (1) Anything provided by a lobbyist or a foreign agent which
              is paid for, charged to, or reimbursed by a client or firm of
              such lobbyist or foreign agent.
                (2) Anything provided by a lobbyist, a lobbying firm, or a
              foreign agent to an entity that is maintained or controlled by
              a covered legislative branch official.
                (3) A charitable contribution (as defined in section 170(c)
              of the Internal Revenue Code of 1986) made by a lobbyist, a
              lobbying firm, or a foreign agent on the basis of a
              designation, recommendation, or other specification of a
              covered legislative branch official (not including a mass
              mailing or other solicitation directed to a broad category of
              persons or entities).
                (4) A contribution or other payment by a lobbyist, a lobbying
              firm, or a foreign agent to a legal expense fund established
              for the benefit of a covered legislative branch official or a
              covered executive branch official.
                (5) A charitable contribution (as defined in section 170(c)
              of the Internal Revenue Code of 1986) made by a lobbyist, a
              lobbying firm, or a foreign agent in lieu of an honorarium to a
              covered legislative branch official.
                (6) A financial contribution or expenditure made by a
              lobbyist, a lobbying firm, or a foreign agent relating to a
              conference, retreat, or similar event, sponsored by or
              affiliated with an official congressional organization, for or
              on behalf of covered legislative branch officials.
            (c) Not Gifts. - The following are not gifts subject to the
          prohibition in subsection (a):
                (1) Anything for which the recipient pays the market value,
              or does not use and promptly returns to the donor.
                (2) A contribution, as defined in the Federal Election
              Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully
              made under that Act, or attendance at a fundraising event
              sponsored by a political organization described in section
              527(e) of the Internal Revenue Code of 1986.
                (3) Food or refreshments of nominal value offered other than
              as part of a meal.
                (4) Benefits resulting from the business, employment, or
              other outside activities of the spouse of a covered legislative
              branch official, if such benefits are customarily provided to
              others in similar circumstances.
                (5) Pension and other benefits resulting from continued
              participation in an employee welfare and benefits plan
              maintained by a former employer.
                (6) Informational materials that are sent to the office of a
              covered legislative branch official in the form of books,
              articles, periodicals, other written materials, audio tapes,
              videotapes, or other forms of communication.
            (d) Gifts Given for a Nonbusiness Purpose and Motivated by Family
          Relationship or Close Personal Friendship. -
                (1) In general. - A gift given by an individual under
              circumstances which make it clear that the gift is given for a
              nonbusiness purpose and is motivated by a family relationship
              or close personal friendship and not by the position of the
              covered legislative branch official shall not be subject to the
              prohibition in subsection (a).
                (2) Nonbusiness purpose. - A gift shall not be considered to
              be given for a nonbusiness purpose if the individual giving the
              gift seeks -
                    (A) to deduct the value of such gift as a business
                  expense on the individual`s Federal income tax return, or
                    (B) direct or indirect reimbursement or any other
                  compensation for the value of the gift from a client or
                  employer of such lobbyist or foreign agent.
                (3) Family relationship or close personal friendship. - In
              determining if the giving of a gift is motivated by a family
              relationship or close personal friendship, at least the
              following factors shall be considered:
                    (A) The history of the relationship between the
                  individual giving the gift and the recipient of the gift,
                  including whether or not gifts have previously been
                  exchanged by such individuals.
                    (B) Whether the gift was purchased by the individual who
                  gave the item.
                    (C) Whether the individual who gave the gift also at the
                  same time gave the same or similar gifts to other covered
                  legislative branch officials.
          SEC. 107. OFFICE OF LOBBYING REGISTRATION AND PUBLIC DISCLOSURE.
            (a) Establishment and Director. -
                (1) Establishment. - There is established an executive agency
              to be known as the office of Lobbying Registration and Public
              Disclosure.
                (2) Director. - (A) the Office shall be headed by a Director,
              who shall be appointed by the President, by and with the advice
              and consent of the Senate.
                (B) The Director shall be an individual who, by demonstrated
              ability, background, training, and experience, is qualified to
              carry out the functions of the position.  The term of service
              of the Director shall be 5 years.
                (C) Section 5316 of title 5, United States Code, is amended
              by adding at the end the following: `Director of the Office of
              Lobbying Registration and Public Disclosure`.
            (b) Administrative Powers. - The Director may -
                (1) appoint officers and employees, including attorneys, in
              accordance with chapter 51 and subchapter III of chapter 53 of
              title 5, United States Code, define their duties and
              responsibilities, and direct and supervise their activities;
                (2) contract for financial and administrative services
              (including those related to budget and accounting, financial
              reporting, personnel, and procurement) with the General
              Services Administration, or such Federal agency as the Director
              determines appropriate, for which payment shall be made in
              advance or by reimbursement from funds of the Office in such
              amounts as may be agreed upon by the Director and the head of
              the agency providing such services, but the contract authority
              under this paragraph shall be effective for any fiscal year
              only to the extent that appropriations are available for that
              purpose;
                (3) request the head of any Federal department or agency (who
              is hereby so authorized) to detail to temporary duties with the
              Office such personnel within the agency head`s administrative
              jurisdiction as the Office may need for carrying out its
              functions under this title, with or without reimbursement;
                (4) request agency heads to provide information needed by the
              office, which information shall be supplied to the extent
              permitted by law;
                (5) utilize, with their consent, the services and facilities
              of Federal agencies with or without reimbursement;
                (6) accept, use, and dispose of gifts or donations of
              services or property, real, personal, or mixed, tangible or
              intangible, for purposes of aiding or facilitating the work of
              the Office; and
                (7) use the United States mails in the same manner and under
              the same conditions as other departments and agencies of the
              United States.
            (c) Cooperation With Other Governmental Agencies. - In order to
          avoid unnecessary expense and duplication of function among
          Government agencies, the Office may make such arrangements or
          agreements for cooperation or mutual assistance in the performance
          of its functions under this title as is practicable and consistent
          with law.  The head of the General Services Administration and each
          department, agency, or establishment of the United States shall
          cooperate with the Office and, to the extent permitted by law,
          provide such information, services, personnel, and facilities as
          the Office may request for its assistance in the performance of its
          functions under this title.
            (d) Duties. - The Director shall -
                (1) after notice and a reasonable opportunity for public
              comment, and consultation with the Secretary of the Senate, the
              Clerk of the House of Representatives, and the Administrative
              Conference of the United States, prescribe such regulations,
              penalty guidelines, and forms as are necessary to carry out
              this title;
                (2) provide guidance and assistance on the registration and
              reporting requirements of this title, including -
                    (A) providing information to all registrants at the time
                  of registration about the obligations of registered
                  lobbyists under this title, and
                    (B) issuing published decisions and advisory opinions;
                (3) review the registrations and reports filed under this
              title and make such verifications or inquiries as are necessary
              to ensure the completeness, accuracy, and timeliness of the
              registrations and reports;
                (4) develop filing, coding, and cross-indexing systems to
              carry out the purposes of this title, including -
                    (A) a publicly available list of all registered lobbyists
                  and their clients; and
                    (B) computerized systems designed to minimize the burden
                  of filing and maximize public access to materials filed
                  under this title;
                (5) ensure that the computer systems developed pursuant to
              paragraph (4) -
                    (A) allow the materials filed under this title to be
                  accessed by the client name, lobbyist name, and registrant
                  name;
                    (B) are compatible with computer systems developed and
                  maintained by the Federal Election Commission, and that
                  information filed in the two systems can be readily
                  cross-referenced; and
                    (C) are compatible with computer systems developed and
                  maintained by the Secretary of the Senate and the Clerk of
                  the House of Representatives;
                (6) make copies of each registration and report filed under
              this title available to the public, upon the payment of
              reasonable fees, not to exceed the cost of such copies, as
              determined by the Director, in written and electronic formats,
              as soon as practicable after the date on which such
              registration or report is received;
                (7) preserve the originals or accurate reproduction of -
                    (A) registrations filed under this title for a period
                  that ends not less than 3 years after the termination of
                  the registration under section 104(d); and
                    (B) reports filed under this title for a period that ends
                  not less than 3 years after the date on which the report is
                  received;
                (8) maintain a computer record of -
                    (A) the information contained in registrations for a
                  period that end not less than 5 years after the termination
                  of the registration under section 104(d); and
                    (B) the information contained in reports filed under this
                  title for a period that ends not less than 5 years after
                  the date on which the reports are received;
                (9) compile and summarize, with respect to each semiannual
              period, the information contained in registrations and reports
              filed with respect to such period in a manner which clearly
              presents the extent and nature of expenditures on lobbying
              activities during such period;
                (10) make information compiled and summarized under paragraph
              (9) available to the public in electronic and hard copy formats
              as soon as practicable after the close of each semiannual
              filing period;
                (11) provide, by computer telecommunication or other
              transmittal in a form accessible by computer, to the Secretary
              of the Senate and the Clerk of the House of Representatives
              copies of all registrations and reports received under sections
              104 and 105 and all compilations, cross-indexes, and summaries
              of such registrations and reports, as soon as practicable (but
              not later than 3 working days) after such material is received
              or created;
                (12) make available to the public a list of all persons whom
              the Director determines, under section 109 (after exhaustion of
              all appeals under section 111) to have committed a major or
              minor violation of this title and submit such list to the
              Congress as part of the report provided for under paragraph
              (13);
                (13) make available to the public upon request and transmit
              to the President, the Secretary of the Senate, the Clerk of the
              House of Representatives, the Committee on Governmental Affairs
              of the Senate, and the Committee on the Judiciary of the House
              of Representatives a report, not later than March 31 of each
              year, describing the activities of the Office and the
              implementation of this title, including -
                    (A) a financial statement for the preceding fiscal year;
                    (B) a summary of the registrations and reports filed with
                  the Office with respect to the preceding calendar year;
                    (C) a summary of the registrations and reports filed on
                  behalf of foreign entities with respect to the preceding
                  calendar year; and
                    (D) recommendations for such legislative or other action
                  as the Director considers appropriate; and
                (14) study the appropriateness of the definition of `public
              official` under section 103(17) and make recommendations for
              any change in such definition in the first report filed
              pursuant to paragraph (13).
          SEC. 108. INITIAL PROCEDURES FOR ALLEGED VIOLATIONS.
            (a) Allegation of a Violation. - Whenever the Office of Lobbying
          Registration and Public Disclosure has reason to believe that a
          person or entity may be in violation of the requirements of this
          title, the Director shall notify the person or entity in writing of
          the nature of the alleged violation and provide an opportunity for
          the person or entity to respond in writing to the allegation within
          30 days after the notification is sent or such longer period as the
          Director may determine appropriate in the circumstances.
            (b) Initial Determination. -
                (1) In general. - If the person or entity responds within the
              period described in the notification under subsection (a), the
              Director shall -
                    (A) issue a written determination that the person or
                  entity has not violated this title if the person or entity
                  provides adequate information or explanation to make such
                  determination; or
                    (B) make a formal request for information under
                  subsection (c) or a notification under section 109(a), if
                  the information or explanation provided is not adequate to
                  make a determination under subparagraph (A).
                (2) Written decision. - If the Director makes a determination
              under paragraph (1)(A), the Director shall issue a public
              written decision in accordance with section 110.
            (c) Formal Request for Information. - If a person or entity fails
          to respond in writing within the period described in the
          notification under subsection (a) or the response is not adequate
          to determine whether such person or entity has violated this title,
          the Director may make a formal request for specific additional
          written information (subject to applicable privileges) that is
          reasonably necessary for the Director to make such determination.
          Each such request shall be structured to minimize any burden
          imposed, consistent with the need to determine whether the person
          or entity is in compliance with this title, and shall -
                (1) state the nature of the conduct constituting the alleged
              violation which is the basis for the inquiry and the provision
              of law applicable thereto;
                (2) describe the class or classes of material to be produced
              pursuant to the request with such definiteness and certainty as
              to permit such material to be readily identified; and
                (3) prescribe a return date or dates which provide a
              reasonable period of time within which the person or entity may
              assemble and make available for inspection and copying or
              reproduction the material so requested.
          SEC. 109. DETERMINATIONS OF VIOLATIONS.
            (a) Notification and Hearing. - If the information provided to
          the Director under section 108 indicates that a person or entity
          may have violated this title, the Director shall -
                (1) notify the person or entity in writing of this finding
              and, if appropriate, a proposed penalty assessment and provide
              such person or entity with an opportunity to respond in writing
              within 30 days after the notice is sent; and
                (2) if requested in writing by that person or entity within
              that 30-day period, afford the person or entity an opportunity
              for a hearing on the record under the provisions of section 554
              of title 5, United States Code.
            (b) Determination. - Upon the receipt of a written response under
          subsection (a)(1) when no hearing under subsection (a)(2) is
          requested, upon the completion of a hearing requested under
          subsection (a)(2), or upon the expiration of 30 days in a case in
          which no such written response is received, the Director shall
          review the information received under section 108 and this section
          (including evidence presented at any such hearing) and make a final
          determination whether there was a violation and a final
          determination of the penalty, if any.  If no written response was
          received under this section within the 30-day period provided, the
          determination and penalty assessment shall constitute a final order
          not subject to appeal.
            (c) Written Decision. -
                (1) Determination of violation. - If the Director makes a
              final determination under subsection (b) that there was a
              violation, the Director shall issue a written decision in
              accordance with section 110 -
                    (A) directing the person or entity to correct the
                  violation; and
                    (B) assessing a civil monetary penalty -
                        (i) in the case of a minor violation, which shall be
                      no more than $10,000, depending on the extent and
                      gravity of the violation;
                        (ii) in the case of a major violation, which shall be
                      more than $10,000, but no more than $200,000, depending
                      on the extent and gravity of the violation;
                        (iii) in the case of a late registration or filing,
                      which shall be $200 for each week by which the
                      registration or filing was late, unless the Director
                      determines that the failure to timely register or file
                      constitutes a major violation (as defined under
                      subsection (e)(2)) in which case the amount shall be as
                      prescribed by clause (ii); or
                        (iv) in the case of a failure to provide information
                      requested by the Director pursuant to section 108(c),
                      which shall be no more than $10,000, depending on the
                      extent and gravity of the violation, except that no
                      penalty shall be assessed if the Director determines
                      that the violation was the result of a good faith
                      dispute over the validity or appropriate scope of a
                      request for information.
                (2) Determination of no violation or insufficient evidence. -
              If the Director determines that no violation occurred or there
              was not sufficient evidence that a violation occurred, the
              Director shall issue a written decision in accordance with
              section 110.
            (d) Civil Injunctive Relief. - If a person or entity fails to
          comply with a directive to correct a violation under subsection
          (c), the Director shall refer the case to the Attorney General to
          seek civil injunctive relief in the appropriate court of the United
          States to compel such person or entity to comply with such
          directive.
            (e) Penalty Assessments. -
                (1) General rule. - No penalty shall be assessed under this
              section unless the Director finds that the person or entity
              subject to the penalty knew or should have known that such
              person or entity was in violation of this title.  In
              determining the amount of a penalty to be assessed, the
              Director shall take into account the totality of the
              circumstances, including the extent and gravity of the
              violation, whether the violation was voluntarily admitted and
              corrected, the extent to which the person or entity may have
              profited from the violation, the ability of the person or
              entity to pay, and such other matters as justice may require.
                (2) Regulations. - Regulations prescribed by the Director
              under section 107 shall define major and minor violations.
              Major violations shall be defined to include a failure to
              register and any other violation that is extensive or repeated,
              if the person or entity who failed to register or committed
              such other violation -
                    (A) had actual knowledge that the conduct constituted a
                  violation;
                    (B) acted in deliberate ignorance of the provisions of
                  this title or regulations related to the conduct
                  constituting a violation; or
                    (C) acted in reckless disregard of the provisions of this
                  title or regulations related to the conduct constituting a
                  violation.
            (f) Limitation. - No proceeding shall be initiated under section
          108 or this section unless the Director notifies the person or
          entity who is to be the subject of the proceeding of the alleged
          violation within 3 years after the date on which the alleged
          violation occurred.
          SEC. 110. DISCLOSURE OF INFORMATION; WRITTEN DECISIONS.
            (a) Disclosure of Information. - Information provided to the
          Director pursuant to sections 108 and 109 shall not be made
          available to the public without the consent of the person or entity
          providing the information, except to the extent that such
          information may be included in -
                (1) a new or amended report or registration filed under this
              title; or
                (2) a written decision issued by the Director under this
              section.
            (b) Written Decisions. - All written decisions issued by the
          Director under sections 108 and 109 shall be made available to the
          public.  The Director may provide for the publication of a written
          decision if the Director determines that publication would provide
          useful guidance.  Before making a written decision public, the
          Director -
                (1) shall delete information that would identify a person or
              entity who was alleged to have violated this title if -
                    (A) there was insufficient evidence to determine that the
                  person or entity violated this title or the Director found
                  that person or entity did not violate this title; and
                    (B) the person or entity so requests; and
                (2) shall delete information that would identify any other
              person or entity (other than a person or entity who was found
              to have violated this title), if the Director determines that
              such person or entity could reasonably be expected to be
              injured by the disclosure of such information.
          SEC. 111. JUDICIAL REVIEW.
            (a) Final Decision. - A written decision issued by the Director
          under section 109 shall become final 60 days after the date on
          which the Director provides notice of the decision, unless such
          decision is appealed under subsection (b) of this section.
            (b) Appeal. - Any person or entity adversely affected by a
          written decision issued by the Director under section 109 may
          appeal such decision, except as provided under section 109(b), to
          the appropriate United States court of appeals.  Such review may be
          obtained by filing a written notice of appeal in such court no
          later than 60 days after the date on which the Director provides
          notice of the Director`s decision and by simultaneously sending a
          copy of such notice of appeal to the Director. The Director shall
          file in such court the record upon which the decision was issued,
          as provided under section 2112 of title 28, United States Code. The
          findings of fact of the Director shall be conclusive, unless found
          to be unsupported by substantial evidence, as provided under
          section 706(2)(E) of title 5, United States Code. Any penalty
          assessed or other action taken in the decision shall be stayed
          during the pendency of the appeal.
            (c) Recovery of Penalty. - Any penalty assessed in a written
          decision which has become final under this title may be recovered
          in a civil action brought by the Attorney General in an appropriate
          United States district court.  In any such action, no matter that
          was raised or that could have been raised before the Director or
          pursuant to judicial review under subsection (b) may be raised as a
          defense, and the determination of liability and the determination
          of amounts of penalties and assessments shall not be subject to
          review.
          SEC. 112. RULES OF CONSTRUCTION.
            (a) Constitutional Rights. - Nothing in this title shall be
          construed to prohibit or interfere with -
                (1) the right to petition the government for the redress of
              grievances;
                (2) the right to express a personal opinion; or
                (3) the right of association,
          protected by the First Amendment to the Constitution.
            (b) Prohibition of Activities. - Nothing in this title shall be
          construed to prohibit, or to authorize the Director or any court to
          prohibit, lobbying activities or lobbying contacts by any person or
          entity, regardless of whether such person or entity is in
          compliance with the requirements of this title.
            (c) Audit and Investigations. - Nothing in this title shall be
          construed to grant general audit or investigative authority to the
          Director.
          SEC. 113. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT.
            The Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et
          seq.) is amended -
                (1) in section 1 -
                    (A) by striking subsection (j);
                    (B) in subsection (o) by striking `the dissemination of
                  political propaganda and any other activity which the
                  person engaging therein believes will, or which he intends
                  to, prevail upon, indoctrinate, convert, induce, persuade,
                  or in any other way influence` and inserting `any activity
                  that the person engaging in believes will, or that the
                  person intends to, in any way influence`;
                    (C) in subsection (p) by striking the semicolon and
                  inserting a period; and
                    (D) by striking subsection (q);
                (2) in section 3(g) (22 U.S.C. 613(g)), by striking
              `established agency proceedings, whether formal or informal.`
              and inserting `judicial proceedings, criminal or civil law
              enforcement inquiries, investigations, or proceedings, or
              agency proceedings required by statute or regulation to be
              conducted on the record.`;
                (3) in section 3 (22 U.S.C. 613) by adding at the end the
              following:
            `(h) Any agent of a person described in section 1(b)(2) or an
          entity described in section 1(b)(3) if the agent is required to
          register and does register under the Lobbying Disclosure Act of
          1994 in connection with the agent`s representation of such person
          or entity.`;
                (4) in section 4(a) (22 U.S.C. 614(a)) -
                    (A) by striking `political propaganda` and inserting
                  `informational materials`; and
                    (B) by striking `and a statement, duly signed by or on
                  behalf of such an agent, setting forth full information as
                  to the places, times, and extent of such transmittal`;
                (5) in section 4(b) (22 U.S.C. 614(b)) -
                    (A) in the matter preceding clause (i), by striking
                  `political propaganda` and inserting `informational
                  materials`; and
                    (B) by striking `(i) in the form of prints, or` and all
                  that follows through the end of the subsection and
                  inserting `without placing in such informational materials
                  a conspicuous statement that the materials are distributed
                  by the agent on behalf of the foreign principal, and that
                  additional information is on file with the Department of
                  Justice, Washington, District of Columbia. The Attorney
                  General may by rule define what constitutes a conspicuous
                  statement for the purposes of this subsection.`;
                (6) in section 4(c)(22 U.S.C. 614(c)), by striking `political
              propaganda` and inserting `informational materials`;
                (7) in section 6 (22 U.S.C. 616) -
                    (A) in subsection (a) by striking `and all statements
                  concerning the distribution of political propaganda`;
                    (B) in subsection (b) by striking `, and one copy of
                  every item of political propaganda`; and
                    (C) in subsection (c) by striking `copies of political
                  propaganda,`;
                (8) in section 8 (22 U.S.C. 618) -
                    (A) in subsection (a)(2) by striking `or in any statement
                  under section 4(a) hereof concerning the distribution of
                  political propaganda`; and
                    (B) by striking subsection (d); and
                (9) in section 11 (22 U.S.C. 621) by striking `, including
              the nature, sources, and content of political propaganda
              disseminated or distributed`.
          SEC. 114. AMENDMENTS TO THE BYRD AMENDMENT.
            (a) Revised Certification Requirements. - Section 1352(b) of
          title 31, United States Code, is amended -
                (1) in paragraph (2) by striking subparagraphs (A), (B), and
              (C) and inserting the following:
                    `(A) the name of any registrant under the Lobbying
                  Disclosure Act of 1994 who has made lobbying contacts on
                  behalf of the person with respect to that Federal contract,
                  grant, loan, or cooperative agreement; and
                    `(B) a certification that the person making the
                  declaration has not made, and will not make, any payment
                  prohibited by subsection (a).`;
                (2) in paragraph (3) by striking all that follows `loan shall
              contain` and inserting `the name of any registrant under the
              Lobbying Disclosure Act of 1994 who has made lobbying contacts
              on behalf of the person in connection with that loan insurance
              or guarantee.`; and
                (3) by striking paragraph (6) and redesignating paragraph (7)
              as paragraph (6).
            (b) Removal of Obsolete Reporting Requirement. - Section 1352 of
          title 31, United States Code, is further amended -
                (1) by striking subsection (d); and
                (2) redesignating subsections (e), (f), (g), and (h) as
              subsections (d), (e), (f), and (g), respectively.
          SEC. 115. REPEAL OF CERTAIN LOBBYING PROVISIONS.
            (a) Repeal of the Federal Regulation of Lobbying Act. - The
          Federal Regulation of Lobbying Act (2 U.S.C. 261 et seq.) is
          repealed.
            (b) Repeal of Provisions Relating to Housing Lobbyist Activities.
          -
                (1) Section 13 of the Department of Housing and Urban
              Development Act (42 U.S.C. 3537b) is repealed.
                (2) Section 536(d) of the Housing Act of 1949 (42 U.S.C.
              1490p(d)) is repealed.
          SEC. 116. CONFORMING AMENDMENTS TO OTHER STATUTES.
            (a) Amendment to Competitiveness Policy Council Act. - Section
          5206(e) of the Competitiveness Policy Council Act (15 U.S.C.
          4804(e)) is amended by inserting `or a lobbyist for a foreign
          entity (as the terms `lobbyist` and `foreign entity` are defined
          under section 103 of the Lobbying Disclosure Act of 1994)` after
          `an agent for a foreign principal`.
            (b) Amendments to Title 18, United States Code. - Section 219(a)
          of title 18, United States Code, is amended (1) by inserting `or a
          lobbyist required to register under the Lobbying Disclosure Act of
          1994 in connection with the representation of a foreign entity, as
          defined in section 103(7) of that Act` after `an agent of a foreign
          principal required to register under the Foreign Agents
          Registration Act of 1938`, and (2) by striking out `, as amended,`.
            (c) Amendment to Foreign Service Act of 1980. - Section 602(c) of
          the Foreign Service Act of 1980 (22 U.S.C. 4002(c)) is amended by
          inserting `or a lobbyist for a foreign entity (as defined in
          section 103(7) of the Lobbying Disclosure Act of 1994)` after `an
          agent of a foreign principal (as defined by section 1(b) of the
          Foreign Agents Registration Act of 1938`.
          SEC. 117. SEVERABILITY.
            If any provision of this title, or the application thereof, is
          held invalid, the validity of the remainder of this title and the
          application of such provision to other persons and circumstances
          shall not be affected thereby.
          SEC. 118. AUTHORIZATION OF APPROPRIATIONS.
            There are authorized to be appropriated for fiscal years 1995,
          1996, 1997, 1998, and 1999 such sums as may be necessary to carry
          out this title.
          SEC. 119. IDENTIFICATION OF CLIENTS AND COVERED OFFICIALS.
            (a) Oral Lobbying Contacts. - Any person or entity that makes an
          oral lobbying contact with a covered legislative branch official or
          a covered executive branch official shall, on the request of the
          official at the time of the lobbying contact -
                (1) state whether the person or entity is registered under
              this title and identify the client on whose behalf the lobbying
              contact is made; and
                (2) state whether such client is a foreign entity and
              identify any foreign entity required to be disclosed under
              section 104(b)(4) that has a direct interest in the outcome of
              the lobbying activity.
            (b) Written Lobbying Contacts. - Any person or entity registered
          under this title that makes a written lobbying contact (including
          an electronic communication) with a covered legislative branch
          official or a covered executive branch official shall -
                (1) if the client on whose behalf the lobbying contact was
              made is a foreign entity, identify such client, state that the
              client is considered a foreign entity under this title, and
              state whether the person making the lobbying contact is
              registered on behalf of that client under section 104; and
                (2) identify any other foreign entity identified pursuant to
              section 104(b)(4) that has a direct interest in the outcome of
              the lobbying activity.
            (c) Identification as Covered Official. - Upon request by a
          person or entity making a lobbying contact, the individual who is
          contacted or the office employing that individual shall indicate
          whether or not the individual is a covered legislative branch
          official or a covered executive branch official.
          SEC. 120. TRANSITIONAL FILING REQUIREMENT.
            (a) Simultaneous Filing. - Subject to subsection (b), each
          registrant shall transmit simultaneously to the Secretary of the
          Senate and the Clerk of the House of Representatives an identical
          copy of each registration and report required to be filed under
          this title.
            (b) Sunset Provision. - The simultaneous filing requirement under
          subsection (a) shall be effective until such time as the Director,
          in consultation with the Secretary of the Senate and the Clerk of
          the House of Representatives, determines that the Office of
          Lobbying Registration and Public Disclosure is able to provide
          computer telecommunication or other transmittal or registrations
          and reports as required under section 107(b)(11).
            (c) Implementation. - The Director, the Secretary of the Senate,
          and the Clerk of the House of Representatives shall take such
          actions as necessary to ensure that the Office of Lobbying
          Registration and Public Disclosure is able to provide computer
          telecommunication or other transmittal of registrations and reports
          as required under section 107(b)(11) on the effective date of this
          title, or as soon thereafter as reasonably practicable.
          SEC. 121. EFFECTIVE DATES AND INTERIM RULES.
            (a) In General. - Except as otherwise provided in this section,
          this title and the amendments made by this title shall take effect
          January 1, 1996.
            (b) Effective Date of Gift Prohibition. - Section 6 shall take
          effect on January 1, 1995. During calendar year 1995, such section
          shall apply to any gift provided by a lobbyist or an agent of a
          foreign principal registered under the Federal Regulation of
          Lobbying Act or the Foreign Agents Registration Act, including any
          person registered under such Acts as of July 1, 1994, or
          thereafter.
            (c) Establishment of Office. - Sections 107 and 108 shall take
          effect on the date of enactment of this Act.
            (d) Repeals and Amendments. - The repeals and amendments made
          under sections 113, 114, 115, and 116 shall take effect as provided
          under subsection (a), except that such repeals and amendments -
                (1) shall not affect any proceeding or suit commenced before
              the effective date under subsection (a), and in all such
              proceedings or suits, proceedings shall be had, appeals taken,
              and judgments rendered in the same manner and with the same
              effect as if this title had not been enacted; and
                (2) shall not affect the requirements of Federal agencies to
              compile, publish, and retain information filed or received
              before the effective date of such repeals and amendments.
            (e) Regulations. - Proposed regulations required to implement
          this title shall be published for public comment no later than 270
          days after the date of the enactment of this Act. No later than 1
          year after the date of the enactment of this Act, final regulations
          required to implement this title shall be published.
            (f) Phase-In Period. - No penalty shall be assessed by the
          Director under section 109(e) for a violation of this title, other
          than for a violation of section 106, which occurs during the first
          semiannual reporting period under section 105 after the effective
          date prescribed by subsection (a).
            (g) Interim Rules. -
                (1) Reporting rule. - A person or entity that is required to
              account for lobbying expenditures and does account for lobbying
              expenditures pursuant to section 162(e) of the Internal Revenue
              Code of 1986 may make a good faith estimate (by category of
              dollar value) of the amount that would not be deductible
              pursuant to that section for the applicable semiannual period
              to meet the requirements of sections 104(a)(3), 105(a)(2), and
              105(b)(4), if the person or entity -
                    (A) makes such an estimate to meet the requirements of
                  each such section of this title for a given calendar year;
                  and
                    (B) informs the Director that the person or entity is
                  making such an estimate in any registration or report
                  including such an estimate.
                (2) De minimus rule. - In determining whether its employees
              are lobbyists under section 103(12) -
                    (A) a person or entity that is required to report and
                  does report lobbying expenditures pursuant to section
                  6033(b)(8) of the Internal Revenue Code of 1986, and makes
                  an estimate of expenses pursuant to section 105(c)(4) of
                  this title to meet the requirements of sections 104(a)(3),
                  105(a)(2), 105(b)(4), and 105(b)(6) of this title, shall,
                  in lieu of using the definition of `lobbying activities` in
                  section 103(9) of this title, consider as lobbying
                  activities -
                        (i) activities that are influencing legislation as
                      defined in section 4911(d) of the Internal Revenue Code
                      of 1986;
                        (ii) activities described in section 4911(d)(2)(C) of
                      the Internal Revenue Code of 1986; and
                        (iii) lobbying activities (as defined in section
                      103(9)) that are in support of a lobbying contact with
                      a covered executive branch official; and
                    (B) a person or entity that is required to account for
                  lobbying expenditures and does account for lobbying
                  expenditures pursuant to section 162(e) of the Internal
                  Revenue Code of 1986, and makes an estimate of expenses
                  pursuant to paragraph (1) of this subsection, shall, in
                  lieu of using the definition of `lobbying activities` in
                  section 103(9), consider as lobbying activities -
                        (i) activities that are influencing legislation
                      within the meaning of section 162(e)(1)(A) of the
                      Internal Revenue Code of 1986;
                        (ii) activities that are attempts to influence the
                      general public, as described in section 162(e)(1)(C) of
                      the Internal Revenue Code of 1986; and
                        (iii) lobbying activities (as defined in section
                      103(9)) that are in support of a lobbying contact with
                      a covered executive branch official.
                (3) Study. - Not later than March 31, 1997, the Comptroller
              General of the United States shall review reporting by
              registrants under paragraph (1) of this section and section
              105(c)(4) and report to the Congress -
                    (A) the differences between the definition of `lobbying
                  activities` in section 103(9) and the definitions of
                  `lobbying expenditures`, `influencing legislation`, and
                  related terms in sections 162(e) and 4911 of the Internal
                  Revenue Code of 1986, as each are implemented by
                  regulations;
                    (B) the impact that any such differences may have on
                  filing and reporting under this title pursuant to this
                  subsection; and
                    (C) any changes to this title or to the appropriate
                  sections of the Internal Revenue Code of 1986 that the
                  Comptroller General may recommend to harmonize the
                  definitions.
                (4) Sunset period. - This subsection shall cease to be
              effective on December 31, 1998.
            (h) Interim Director. - Within 30 days after the date of the
          enactment of this Act, the President shall designate an interim
          Director of the Office of Lobbying Registration and Public
          Disclosure, who shall serve at the pleasure of the President until
          a Director of such Office has been nominated by the President and
          confirmed by the Senate. The interim Director may not promulgate
          final regulations pursuant to section 107(d) or initiate procedures
          for alleged violations pursuant to sections 108 and 109.
                          TITLE II - CONGRESSIONAL GIFT RULES
          SEC. 201. AMENDMENTS TO SENATE RULES.
            Rule XXXV of the Standing Rules of the Senate is amended to read
          as follows:
            `1. No Member, officer, or employee of the Senate shall accept a
          gift, knowing that such gift is provided by a registered lobbyist,
          a lobbying firm, or an agent of a foreign principal in violation of
          the Lobbying Disclosure Act of 1994.
            `2. (a) In addition to the restriction on receiving gifts from
          registered lobbyists, lobbying firms, and agents of foreign
          principals provided by paragraph 1 and except as provided in this
          Rule, no Member, officer, or employee of the Senate shall knowingly
          accept a gift from any other person.
            `(b)(1) For the purpose of this Rule, the term `gift` means any
          gratuity, favor, discount, entertainment, hospitality, loan,
          forbearance, or other item having monetary value.  The term
          includes gifts of services, training, transportation, lodging, and
          meals, whether provided in kind, by purchase of a ticket, payment
          in advance, or reimbursement after the expense has been incurred.
            `(2) A gift to the spouse or dependent of a Member, officer, or
          employee (or a gift to any other individual based on that
          individual`s relationship with the Member, officer, or employee)
          shall be considered a gift to the Member, officer, or employee if
          it is given with the knowledge and acquiescence of the Member,
          officer, or employee and the Member, officer, or employee has
          reason to believe the gift was given because of the official
          position of the Member, officer, or employee.
            `(c) The restrictions in subparagraph (a) shall not apply to the
          following:
                `(1) Anything for which the Member, officer, or employee pays
              the market value, or does not use and promptly returns to the
              donor.
                `(2) A contribution, as defined in the Federal Election
              Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully
              made under that Act, or attendance at a fundraising event
              sponsored by a political organization described in section
              527(e) of the Internal Revenue Code of 1986.
                `(3) Anything provided by an individual on the basis of a
              personal or family relationship unless the Member, officer, or
              employee has reason to believe that, under the circumstances,
              the gift was provided because of the official position of the
              Member, officer, or employee and not because of the personal or
              family relationship.  The Select Committee on Ethics shall
              provide guidance on the applicability of this clause and
              examples of circumstances under which a gift may be accepted
              under this exception.
                `(4) A contribution or other payment to a legal expense fund
              established for the benefit of a Member, officer, or employee
              that is otherwise lawfully made.
                `(5) Any food or refreshments which the recipient reasonably
              believes to have a value of less than $20.
                `(6) Any gift from another Member, officer, or employee of
              the Senate or the House of Representatives.
                `(7) Food, refreshments, lodging, and other benefits -
                    `(A) resulting from the outside business or employment
                  activities (or other outside activities that re not
                  connected to the duties of the Member, officer, or employee
                  as an officeholder) of the Member, officer, or employee, or
                  the spouse of the Member, officer, or employee, if such
                  benefits have not been offered or enhanced because of the
                  official position of the Member, officer, or employee and
                  are customarily provided to others in similar
                  circumstances;
                    `(B) customarily provided by a prospective employer in
                  connection with bona fide employment discussions; or
                    `(C) provided by a political organization described in
                  section 527(e) of the Internal Revenue Code of 1986 in
                  connection with a fundraising or campaign event sponsored
                  by such an organization.
                `(8) Pension and other benefits resulting from continued
              participation in an employee welfare and benefits plan
              maintained by a former employer.
                `(9) Informational materials that are sent to the office of
              the Member, officer, or employee in the form of books,
              articles, periodicals, other written materials, audio tapes,
              videotapes, or other forms of communication.
                `(10) Awards or prizes which are given to competitors in
              contests or events open to the public, including random
              drawings.
                `(11) Honorary degrees (and associated travel, food,
              refreshments, and entertainment) and other bona fide,
              nonmonetary awards presented in recognition of public service
              (and associated food, refreshments, and entertainment provided
              in the presentation of such degrees and awards).
                `(12) Donations of products from the State that the Member
              represents that are intended primarily for promotional
              purposes, such as display or free distribution, and are of
              minimal value to any individual recipient.
                `(13) Food, refreshments, and entertainment provided to a
              Member or an employee of a Member in the Member`s home State,
              subject to reasonable limitations, to be established by the
              Committee on Rules and Administration.
                `(14) An item of little intrinsic value such as a greeting
              card, baseball cap, or a T shirt.
                `(15) Training (including food and refreshments furnished to
              all attendees as an integral part of the training) provided to
              a Member, officer, or employee, if such training is in the
              interest of the Senate.
                `(16) Bequests, inheritances, and other transfers at death.
                `(17) Any item, the receipt of which is authorized by the
              Foreign Gifts and Decorations Act, the Mutual Educational and
              Cultural Exchange Act, or any other statute.
                `(18) Anything which is paid for by the Federal Government,
              by a State or local government, or secured by the Government
              under a Government contract.
                `(19) A gift of personal hospitality of an individual, as
              defined in section 109(14) of the Ethics in Government Act.
                `(20) Free attendance at a widely attended event permitted
              pursuant to subparagraph (d).
                `(21) Opportunities and benefits which are -
                    `(A) available to the public or to a class consisting of
                  all Federal employees, whether or not restricted on the
                  basis of geographic consideration;
                    `(B) offered to members of a group or class in which
                  membership is unrelated to congressional employment;
                    `(C) offered to members of an organization, such as an
                  employees` association or congressional credit union, in
                  which membership is related to congressional employment and
                  similar opportunities are available to large segments of
                  the public through organizations of similar size;
                    `(D) offered to any group or class that is not defined in
                  a manner that specifically discriminates among Government
                  employees on the basis of branch of Government or type of
                  responsibility, or on a basis that favors those of higher
                  rank or rate of pay;
                    `(E) in the form of loans from banks and other financial
                  institutions on terms generally available to the public; or
                    `(F) in the form of reduced membership or other fees for
                  participation in organization activities offered to all
                  Government employees by professional organizations if the
                  only restrictions on membership relate to professional
                  qualifications.
                `(22) A plaque, trophy, or other memento of modest value.
                `(23) Anything for which, in an unusual case, a waiver is
              granted by the Select Committee on Ethics.
            `(d)(1) Except as prohibited by paragraph 1, a Member, officer,
          or employee may accept an offer of free attendance at a widely
          attended convention, conference, symposium, form, panel discussion,
          dinner, viewing, reception, or similar event, provided by the
          sponsor of the event, if -
                `(A) the Member, officer, or employee participates in the
              event as a speaker or a panel participant, by presenting
              information related to Congress or matters before Congress, or
              by performing a ceremonial function appropriate to the
              Member`s, officer`s, or employee`s official position; or
                `(B) attendance at the event is appropriate to the
              performance of the official duties or representative function
              of the Member, officer, or employee.
            `(2) A Member, officer, or employee who attends an event
          described in clause (1) may accept a sponsor`s unsolicited offer of
          free attendance at the event for an accompanying individual if
          others in attendance will generally be similarly accompanied or if
          such attendance is appropriate to assist in the representation of
          the Senate.
            `(3) Except as prohibited by paragraph 1, a Member, officer, or
          employee, or the spouse or dependent thereof, may accept a
          sponsor`s unsolicited offer of free attendance at a charity event,
          except that reimbursement for transportation and lodging may not be
          accepted in connection with the event.
            `(4) For purposes of this paragraph, the term `free attendance`
          may include waiver of all or part of a conference or other fee, the
          provision of local transportation, or the provision of food,
          refreshments, entertainment, and instructional materials furnished
          to all attendees as an integral part of the event.  The term does
          not include entertainment collateral to the event, or food or
          refreshments taken other than in a group setting with all or
          substantially all other attendees.
            `(e) No Member, officer, or employee may accept a gift the value
          of which exceeds $250 on the basis of the personal relationship
          exception in subparagraph (c)(3) or the close personal friendship
          exception in section 106(d) of the Lobbying Disclosure Act of 1994
          unless the Select Committee on Ethics issues a written
          determination that one of such exceptions applies.
            `(f)(1) The Committee on Rules and Administration is authorized
          to adjust the dollar amount referred to in subparagraph (c)(5) on a
          periodic basis, to the extent necessary to adjust for inflation.
            `(2) The Select Committee on Ethics shall provide guidance
          setting forth reasonable steps that may be taken by Members,
          officers, and employees, with a minimum of paperwork and time, to
          prevent the acceptance of prohibited gifts from lobbyists.
            `(3) When it is not practicable to return a tangible items
          because it is perishable, the time may, at the discretion of the
          recipient, be given to an appropriate charity or destroyed.
            `3. (a)(1) Except as prohibited by paragraph 1, a reimbursement
          (including payment in kind) to a Member, officer, or employee for
          necessary transportation, lodging and related expenses for travel
          to a meeting, speaking engagement, factfinding trip or similar
          event in connection with the duties of the Member, officer, or
          employee as an officeholder shall be deemed to be a reimbursement
          to the Senate and not a gift prohibited by this rule, if the
          Member, officer, or employee -
                `(A) in the case of an employee, receives advance
              authorization, from the Member or officer under whose direct
              supervision the employee works, to accept reimbursement, and
                `(B) discloses the expenses reimbursed or to be reimbursed
              and the authorization to the Secretary of the Senate within 30
              days after the travel is completed.
            `(2) For purposes of clause (1), events, the activities of which
          are substantially recreational in nature, shall not be considered
          to be in connection with the duties of a Member, officer, or
          employee as an officeholder.
            `(b) Each advance authorization to accept reimbursement shall be
          signed by the Member or officer under whose direct supervision the
          employee works and shall include -
                `(1) the name of the employee;
                `(2) the name of the person who will make the reimbursement;
                `(3) the time, place, and purpose of the travel; and
                `(4) a determination that the travel is in connection with
              the duties of the employee as an officeholder and would not
              create the appearance that the employee is using public office
              for private gain.
            `(c) Each disclosure made under subparagraph (a)(1) of expenses
          reimbursed or to be reimbursed shall be signed by the Member or
          officer (in the case of travel by that Member or officer) or by the
          Member or officer under whose direct supervision the employee works
          (in the case of travel by an employee) and shall include -
                `(1) a good faith estimate of total transportation expenses
              reimbursed or to be reimbursed;
                `(2) a good faith estimate of total lodging expenses
              reimbursed or to be reimbursed;
                `(3) a good faith estimate of total meal expenses reimbursed
              or to be reimbursed;
                `(4) a good faith estimate of the total of other expenses
              reimbursed or to be reimbursed;
                `(5) a determination that all such expenses are necessary
              transportation, lodging, and related expenses as defined in
              this paragraph; and
                `(6) in the case of a reimbursement to a Member or officer, a
              determination that the travel was in connection with the duties
              of the Member or officer as an officeholder and would not
              create the appearance that the Member or officer is using
              public office for private gain.
            `(d) for the purposes of this paragraph, the term `necessary
          transportation, lodging, and related expenses` -
                `(1) includes reasonable expenses that are necessary for
              travel for a period not exceeding 3 days exclusive of
              traveltime within the United States or 7 days exclusive of
              traveltime outside of the United States unless approved in
              advance by the Select Committee on Ethics;
                `(2) is limited to reasonable expenditures for
              transportation, lodging, conference fees and materials, land
              food and refreshments, including reimbursement for necessary
              transportation, whether or not such transportation occurs
              within the periods described in clause (1);
                `(3) does not include expenditures for recreational
              activities, or entertainment other than that provided to all
              attendees as an integral part of the event; and
                `(4) may include travel expenses incurred on behalf of either
              the spouse or a child of the Member, officer, or employee,
              subject to a determination signed by the Member or officer (or
              in the case of an employee, the Member or officer under whose
              direct supervision the employee works) that the attendance of
              the spouse or child is appropriate to assist in the
              representation of the Senate.
            `(e) The Secretary of the Senate shall make available to the
          public all advance authorizations and disclosures of reimbursement
          filed pursuant to subparagraph (a) as soon as possible after they
          are received.`.
          SEC. 202. AMENDMENTS TO HOUSE RULES.
            Clause 4 of rule XLIII of the Rules of the House of
          Representatives is amended to read as follows:
            `4. (a) No Member, officer, or employee of the House of
          Representatives shall accept a gift, knowing that such gift is
          provided directly or indirectly by a registered lobbyist, a
          lobbying firm, or an agent of a foreign principal in violation of
          the Lobbying Disclosure Act of 1994.
            `(b) In addition to the restriction on receiving gifts from
          registered lobbyists, lobbying firms, and agents of foreign
          principals provided by paragraph (a) and except as provided in this
          Rule, no Member, officer, or employee of the House of
          Representatives shall knowingly accept a gift from any other
          person.
            `(c)(1) For the purpose of this clause, the term `gift` means any
          gratuity, favor, discount, entertainment, hospitality, loan,
          forbearance, or other item having monetary value.  The term
          includes gifts of services, training, transportation, lodging, and
          meals, whether provided in kind, by purchase of a ticket, payment
          in advance, or reimbursement after the expense has been incurred.
            `(2) A gift to the spouse or dependent of a Member, officer, or
          employee (or a gift to any other individual based on that
          individual`s relationship with the Member, officer, or employee)
          shall be considered a gift to the Member, officer, or employee if
          it is given with the knowledge and acquiescence of the Member,
          officer, or employee and the Member, officer, or employee has
          reason to believe the gift was given because of the official
          position of the Member, officer, or employee.
            `(d) The restrictions in paragraph (b) shall not apply to the
          following:
                `(1) Anything for which the Member, officer, or employee pays
              the market value, or does not use and promptly returns to the
              donor.
                `(2) A contribution, as defined in the Federal Election
              Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is lawfully
              made under that Act, or attendance at a fundraising event
              sponsored by a political organization described in section
              527(e) of the Internal Revenue Code of 1986.
                `(3) Anything provided by an individual on the basis of a
              personal or family relationship unless the Member, officer, or
              employee has reason to believe that, under the circumstance,
              the gift was provided because of the official position of the
              Member, officer, or employee and not because of the personal or
              family relationship.  The Committee on Standards of Official
              Conduct shall provide guidance on the applicability of this
              clause and examples of circumstances under which a gift may be
              accepted under this exception.
                `(4) A contribution or other payment to a legal expense fund
              established for the benefit of a Member, officer, or employee
              that is otherwise lawfully made.
                `(5) Any food or refreshments which the recipient reasonably
              believes to have a value of less than $20.
                `(6) Any gift from another Member, officer, or employee of
              the Senate or the House of Representatives.
                `(7) Food, refreshments, lodging, and other benefits -
                    `(A) resulting from the outside business or employment
                  activities (or other outside activities that are not
                  connected to the duties of the Member, officer, or employee
                  as an officeholder) of the Member, officer, or employee, or
                  the spouse of the Member, officer, or employee, if such
                  benefits have not been offered or enhanced because of the
                  official position of the Member, officer, or employee and
                  are customarily provided to others in similar
                  circumstances;
                    `(B) customarily provided by a prospective employer in
                  connection with bona fide employment discussions; or
                    `(C) provided by a political organization described in
                  section 527(e) of the Internal Revenue Code of 1986 in
                  connection with a fundraising or campaign event sponsored
                  by such an organization.
                `(8) Pension and other benefits resulting from continued
              participation in an employee welfare and benefits plan
              maintained by a former employer.
                `(9) Informational materials that are sent to the office of
              the Member, officer, or employee in the form of books,
              articles, periodicals, other written materials, audio tapes,
              videotapes, or other forms of communication.
                `(10) Awards or prizes which are given to competitors in
              contests or events open to the public, including random
              drawings.
                `(11) Honorary degrees (and associated travel, food,
              refreshments, and entertainment) and other bona fide,
              nonmonetary awards presented in recognition of public service
              (and associated food, refreshments, and entertainment provided
              in the presentation of such degrees and awards).
                `(12) Donations of products from the State that the Member
              represents that are intended primarily for promotional
              purposes, such as display or free distribution, and are of
              minimal value to any individual recipient.
                `(13) Food, refreshments, and entertainment provided to a
              Member or an employee of a Member in the Member`s home State,
              subject to reasonable limitations, to be established by the
              Committee on Standards of Official Conduct.
                `(14) An item of little intrinsic value such as a greeting
              card, baseball cap, or a T shirt.
                `(15) Training (including food and refreshments furnished to
              all attendees as an integral part of the training) provided to
              a Member, officer, or employee, if such training is in the
              interest of the House of Representatives.
                `(16) Bequests, inheritances, and other transfers at death.
                `(17) Any item, the receipt of which is authorized by the
              Foreign Gifts and Decorations Act, the Mutual Educational and
              Cultural Exchange Act, or any other statute.
                `(18) Anything which is paid for by the Federal Government,
              by a State or local government, or secured by the Government
              under a Government contract.
                `(19) A gift of personal hospitality of an individual, as
              defined in section 109(14) of the Ethics in Government Act.
                `(20) Free attendance at a widely attended event permitted
              pursuant to paragraph (e).
                `(21) Opportunities and benefits which are -
                    `(A) available to the public or to a class consisting of
                  all Federal employees, whether or not restricted on the
                  basis of geographic consideration;
                    `(B) offered to members of a group or class in which
                  membership is unrelated to congressional employment;
                    `(C) offered to members of an organization, such as an
                  employees` association or congressional credit union, in
                  which membership is related to congressional employment and
                  similar opportunities are available to large segments of
                  the public through organizations of similar size;
                    `(D) offered to any group or class that is not defined in
                  a manner that specifically discriminates among Government
                  employees on the basis of branch of Government or type of
                  responsibility, or on a basis that favors those of higher
                  rank or rate of pay;
                    `(E) in the form of loans from banks and other financial
                  institutions on terms generally available to the public; or
                    `(F) in the form of reduced membership or other fees for
                  participation in organization activities offered to all
                  Government employees by professional organizations if the
                  only restrictions on membership relate to professional
                  qualifications.
                `(22) A plaque, trophy, or other memento of modest value.
                `(23) Anything for which, in exceptional circumstances, a
              waiver is granted by the Committee on Standards of Official
              Conduct.
            `(e)(1) Except as prohibited by paragraph (a), a Member, officer,
          or employee may accept an offer of free attendance at a widely
          attended convention, conference, symposium, forum, panel
          discussion, dinner, viewing, reception, or similar event, provided
          by the sponsor of the event, if -
                `(A) the Member, officer, or employee participates in the
              event as a speaker or a panel participant, by presenting
              information related to Congress or matters before Congress, or
              by performing a ceremonial function appropriate to the
              Member`s, officer`s, or employee`s official position; or
                `(B) attendance at the event is appropriate to the
              performance of the official duties or representative function
              of the Member, officer, or employee.
            `(2) A Member, officer, or employee who attends an event
          described in subparagraph (1) may accept a sponsor`s unsolicited
          offer of free attendance at the event for an accompanying
          individual if others in attendance will generally be similarly
          accompanied or if such attendance is appropriate to assist in the
          representation of the House of Representatives.
            `(3) Except as prohibited by paragraph (a), a Member, officer, or
          employee, or the spouse or dependent thereof, may accept a
          sponsor`s unsolicited offer of free attendance at a charity event,
          except that reimbursement for transportation and lodging may not be
          accepted in connection with the event.
            `(4) For purposes of this paragraph, the term `free attendance`
          may include waiver of all or part of a conference or other fee, the
          provision of local transportation, or the provision of food,
          refreshments, entertainment, and instructional materials furnished
          to all attendees as an integral part of the event.  The term does
          not include entertainment collateral to the event, or food or
          refreshments taken other than in a group setting with all or
          substantially all other attendees.
            `(f) No Member, officer, or employee may accept a gift the value
          of which exceeds $250 on the basis of the personal relationship
          exception in paragraph (d)(3) or the close personal friendship
          exception in section 106(d) of the Lobbying Disclosure Act of 1994
          unless the Committee on Standards of Official Conduct issues a
          written determination that one of such exceptions applies.
            `(g)(1) The Committee on Standards of Official Conduct is
          authorized to adjust the dollar amount referred to in paragraph
          (c)(5) on a periodic basis, to the extent necessary to adjust for
          inflation.
            `(2) The Committee on Standards of Official Conduct shall provide
          guidance setting forth reasonable steps that may be taken by
          Members, officers, and employees, with a minimum of paperwork and
          time, to prevent the acceptance of prohibited gifts from lobbyists.
            `(3) When it is not practicable to return a tangible item because
          it is perishable, the item may, at the discretion of the recipient,
          be given to an appropriate charity or destroyed.
            `(h)(1)(A) Except as prohibited by paragraph (a), a reimbursement
          (including payment in kind) to a Member, officer, or employee for
          necessary transportation, lodging and related expenses for travel
          to a meeting, speaking engagement, factfinding trip or similar
          event in connection with the duties of the Member, officer, or
          employee as an officeholder shall be deemed to be a reimbursement
          to the House of Representatives and not a gift prohibited by this
          paragraph, if the Member, officer, or employee -
                `(i) in the case of an employee, receives advance
              authorization, from the Member or officer under whose direct
              supervision the employee works, to accept reimbursement, and
                `(ii) discloses the expenses reimbursed or to be reimbursed
              and the authorization to the Clerk of the House of
              Representatives within 30 days after the travel is completed.
            `(B) For purposes of clause (A), events, the activities of which
          are substantially recreational in nature, shall not be considered
          to be in connection with the duties of a Member, officer, or
          employee as an officeholder.
            `(2) Each advance authorization to accept reimbursement shall be
          signed by the Member or officer under whose direct supervision the
          employee works and shall include -
                `(A) the name of the employee;
                `(B) the name of the person who will make the reimbursement;
                `(C) the time, place, and purpose of the travel; and
                `(D) a determination that the travel is in connection with
              the duties of the employee as an officeholder and would not
              create the appearance that the employee is using public office
              for private gain.
            `(3) Each disclosure made under subparagraph (1)(A) of expenses
          reimbursed or to be reimbursed shall be signed by the Member or
          officer (in the case of travel by that Member or officer) or by the
          Member or officer under whose direct supervision the employee works
          (in the case of travel by an employee) and shall include -
                `(A) a good faith estimate of total transportation expenses
              reimbursed or to be reimbursed;
                `(B) a good faith estimate of total lodging expenses
              reimbursed or to be reimbursed;
                `(C) a good faith estimate of total meal expenses reimbursed
              or to be reimbursed;
                `(D) a good faith estimate of the total of other expenses
              reimbursed or to be reimbursed;
                `(E) a determination that all such expenses are necessary
              transportation, lodging, and related expenses as defined in
              this paragraph; and
                `(F) in the case of a reimbursement to a Member or officer, a
              determination that the travel was in connection with the duties
              of the Member or officer as an officeholder and would not
              create the appearance that the Member or officer is using
              public office for private gain.
            `(4) For the purposes of this paragraph, the term `necessary
          transportation, lodging, and related expenses` -
                `(A) includes reasonable expenses that are necessary for
              travel -
                    `(i) for a period not exceeding 4 days including travel
                  time within the United States or 7 days in addition to
                  travel time outside the United States; and
                    `(ii) within 24 hours before or after participation in an
                  event in the United States or within 48 hours before or
                  after participation in an event outside the United States,
              unless approved in advance by the Committee on Standards of
              Official Conduct;
                `(B) is limited to reasonable expenditures for
              transportation, lodging, conference fees and materials, and
              food and refreshments, including reimbursement for necessary
              transportation, whether or not such transportation occurs
              within the periods described in clause (A);
                `(C) does not include expenditures for recreational
              activities or entertainment other than that provided to all
              attendees as an integral part of the event; and
                `(D) may include travel expenses incurred on behalf of either
              the spouse or a child of the Member, officer, or employee,
              subject to a determination signed by the Member or officer (or
              in the case of an employee, the Member or officer under whose
              direct supervision the officer or employee works) that the
              attendance the spouse or child is appropriate to assist in the
              representation of the House of Representatives.
            `(5) The Clerk of the House of Representatives shall make
          available to the public all advance authorizations and disclosures
          of reimbursement filed pursuant to subparagraph (1) as soon as
          possible after they are received.`.
          SEC. 203. MISCELLANEOUS PROVISIONS.
            (a) Amendments to the Ethics in Government Act. - Section
          102(a)(2)(B) of the Ethics in Government Act (5 U.S.C. 102, App. 6)
          is amended by adding at the end thereof the following:
          `Reimbursements accepted by a Federal agency pursuant to section
          1353 of title 31, United States Code, or deemed accepted by the
          Senate or the House of Representatives pursuant to rule XXXV of the
          Standing Rules of the Senate or clause 4 of rule XLIII of the Rules
          of the House of Representatives shall be reported as required by
          such statute or rule and need not be reported under this section.`.
            (b) Repeal of Obsolete Provision. - Section 901 of the Ethics
          Reform Act of 1989 (2 U.S.C. 31-2) is repealed.
            (c) Senate Provisions. -
                (1) Authority of the committee on rules and administration. -
              The Senate Committee on Rules and Administration, on behalf of
              the Senate, may accept gifts provided they do not involve any
              duty, burden, or condition, or are not made dependent upon some
              future performance by the United States. The Committee on Rules
              and Administration is authorized to promulgate regulations to
              carry out this section.
                (2) Food, refreshments, and entertainment. - The rules on
              acceptance of food, refreshments, and entertainment provided to
              a Member of the Senate or an employee of such a Member in the
              Member`s home State before the adoption of reasonable
              limitations by the Committee on Rules and Administration shall
              be the rules in effect on the day before the effective date of
              this title.
            (d) House Provision. - The rules on acceptance of food,
          refreshments, and entertainment provided to a Member of the House
          of Representatives or an employee of such a Member in the Member`s
          home State before the adoption of reasonable limitations by the
          Committee on Standards of Official Conduct shall be the rules in
          effect on the day before the effective date of this title.
          SEC. 204. EXERCISE OF CONGRESSIONAL RULEMAKING POWERS.
            Sections 201, 202, 203(c), and 203(d) of this title are enacted
          by Congress -
                (1) as an exercise of the rulemaking power of the Senate and
              the House of Representatives, respectively, and pursuant to
              section 7353(b)(1) of title 5, United States Code, and
              accordingly, they shall be considered as part of the rules of
              each House, respectively, or of the House to which they
              specifically apply, and such rules shall supersede other rules
              only to the extent that they are inconsistent therewith; and
                (2) with full recognition of the constitutional right of
              either House to change such rules (insofar as they relate to
              that House) at any time and in the same manner and to the same
              extent as in the case of any other rule of that House.
          SEC. 205. EFFECTIVE DATE.
            This title and the amendments made by this title shall take
          effect on January 1, 1995.
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