LOBBYIST— The term ‘lobbyist’ means any individual who is employed or retained by a client for financial or other compensation for services that include more than one lobbying contact.
SIGNIFICANT CONTACT — The term ‘significant contact’ means an oral or written communication (including electronic communication) that is made by a private party to a covered executive branch official or a covered legislative branch official in which such private party seeks to influence official action by any officer or employee of the executive or legislative branch of the United States.
LOBBYING ACTIVITIES — 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.
REGISTRATION — No later than 72 hours 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 Secretary of the Senate and the Clerk of the House of Representatives.
EMPLOYER FILING — Any organization that has one 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.
EXEMPTION
GENERAL RULE — Notwithstanding paragraphs (1) and (2), a person or entity whose —
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
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 during any quarter is not required to register under subsection (a) with respect to such client.
Each report shall contain:
the name, address, business telephone number and principal place of business of the registrant and a general description of its business or activities;
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));
the name, address and principal place of business of any organization, other than the client, that —
contributes or is expected to contribute more than $5,000 to the registrant or the client in any quarterly period to fund the lobbying activities of the registrant; and
actively participates in the planning, supervision or control of such lobbying activities;
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 —
holds at least 20 percent equitable ownership in the client or any organization identified under paragraph (3);
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
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;
a list of the employees of the registrant who acted as lobbyists on behalf of the client; and
a description of the interest, if any, of any foreign entity identified under section 4(b)(4) in the specific issues listed under subparagraph (A);
A statement of —
the general issue areas in which the registrant expects to engage in lobbying activities on behalf of the client; and
in the case of a lobbying firm, a good faith estimate of the annual amount of income from the client (including any payments to the registrant by any other person for lobbying activities on behalf of the client) during the quarterly period, other than income for matters that are unrelated to lobbying activities. This information must be updated annually.
In the case of a registrant engaged in lobbying activities on its own behalf, a good faith estimate of the annual total expenses that the registrant and its employees incurred in connection with lobbying activities during the quarterly period. This information must be updated annually.
For each client, immediately after listing the client, an identification of whether the client is a state or local government or a department, agency, special purpose district or other instrumentality controlled by one or more state or local governments; and
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, including participating in lobbying activities. If any such employee has served as a covered executive branch official or a covered legislative branch official in the 20 years before the date on which the employee first acted as a lobbyist on behalf of the client, the position in which such employee served.
MULTIPLE CLIENTS — In the case of a registrant making lobbying contacts on behalf of more than one client, a separate registration under this section shall be filed for each such client.
MULTIPLE CONTACTS — A registrant who makes more than one lobbying contact for the same client shall file a single registration covering all such lobbying contacts.
Registrations must be amended annually to reflect any changes in the required contents of the registration.
Recording and reporting by registered lobbyists of significant contacts made to covered legislative branch officials.
IN GENERAL — Not later than 72 hours after a significant contact, each registered lobbyist as defined by this Act shall make a record of, and file with the Secretary of the Senate or the Clerk of the House, a report on the significant contact between the lobbyist and a covered legislative branch official relating to an official government action. A series of communications on the same topic within 72 hours counts as one contact. When a single contact is made to a large group such as “all members of Congress,” or “All Democratic senators,” one report with a generic term indicate the large group shall be filed.
Contents of record and report — each record made, and each report filed, under subsection (a) shall contain —
the name of the covered executive or legislative branch official with whom a lobbying contact was made,
a summary of the nature of the contact, including —
the date of the contact;
the specific action or actions requested of the covered legislative branch official during the contact; and
if the contact was made on behalf of a client, the name of the client.
72 hour reports on certain contributions
IN GENERAL — Not later than 72 hours after a contribution or bundled contribution is made, each person or organization who is registered or is required to register, and each employee who is or is required to be listed as a lobbyist, shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives containing —
the name of the person or organization;
in the case of an employee, his or her employer;
the names of all political committees established or controlled by the person or organization;
the name of each federal candidate or officeholder, leadership political action committee (PAC) or political party committee, to whom contributions, including bundled contributions were made by the person or organization, or a political committee established or controlled by the person or organization during the previous 72 hours, and the date and amount of each such contribution made within the previous 72 hours;
For purposes of this section, the term ‘bundled contributions’ means, a contribution which is
forwarded from the person or organization, or a political committee established or controlled by the person or organization; or
for which the person or organization, or a political committee established or controlled by the person or organization, coordinated or expects to be credited as having raised by the federal candidate or officeholder, leadership PAC or political party committee.
the date, recipient and amount of funds contributed or disbursed during the previous 72 hours by the person or organization or a political committee established or controlled by the person or organization —
to pay the cost of an event to honor or recognize a covered legislative branch official or covered executive branch official;
to an entity, including a charitable organization, that is named for a covered legislative branch official, or to a person or entity in recognition of such official;
to an entity, including a charitable organization, established, financed, maintained or controlled by a covered legislative branch official or covered executive branch official or an entity designated by such official; or
to pay the costs of a meeting, retreat, conference, or other similar event held by, or in the name of, one or more covered legislative branch officials or covered executive branch officials;
the name of each presidential library foundation and each presidential inaugural committee to whom contributions were made by the person or organization, or a political committee established or controlled by the person or organization, during the previous 72 hours, and the date and amount of each such contribution during the previous 72 hour period; and
a certification by the person or organization filing the report that the person or organization —
has read and is familiar with those provisions of the Standing Rules of the Senate and the Rules of the House of Representatives relating to the provision of gifts and travel; and
has not provided, requested or directed a gift, including travel, to a member of Congress or an officer or employee of either house of Congress with knowledge that receipt of the gift would violate rule XXXV of the Standing Rules of the Senate or rule XXV of the Rules of the House of Representatives.
A report required to be filed under this title shall be filed in electronic form, in addition to any other form that the Secretary of the Senate or the Clerk of the House of Representatives may require or allow. The Secretary of the Senate and the Clerk of the House of Representatives shall use the same electronic software for receipt and recording of filings under this Act.
POLITICAL COMMITTEE REPORTS — Each political committee shall be required to file within 72 hours of receipt a separate schedule setting forth the name, address and employer of each person reasonably known by the committee who provided two or more bundled contributions in the amount of $5,000 or more to the committee
PUBLIC AVAILABILITY — The Federal Election Commission shall ensure that
information required to be disclosed under this subsection is publicly available through the Commission website in a manner that is searchable, sortable and downloadable; and
the Commission's public database containing information disclosed under this subsection is linked electronically to the websites maintained by the Secretary of the Senate and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995.
COMMITTEES DESCRIBED — A committee described in this paragraph is an authorized committee of a candidate, a leadership PAC or a political party committee.
DEFINITIONS — For purposes of this subsection, the following definitions apply:
BUNDLED CONTRIBUTION — The term ‘bundled contribution' means a contribution (subject to the applicable threshold) which is —
forwarded from the contributor or contributors to the committee by the person; or
received by the committee from a contributor or contributors, but credited by the committee or candidate involved to the person through records, designations or other means of recognizing that a certain amount of money has been raised by the person.
The term ‘bundled contribution’ shall not include any contribution forwarded by or credited to (through records, designations or other means of recognizing a certain amount of money has been raised) a person who is a regularly paid employee of the committee.
Not later than 10 days after filing a bundled contribution report a campaign committees shall forward to each named contributor of a bundled contribution notice that he or she has been identified in the committees campaign finance report.
The Lobbying Disclosure Act is amended to provide that each individual listed in reports to be required under this section shall produce a report identifying each member of Congress or covered executive branch official with whom the individual engaged in significant contact.
Contents of record and report — Each record made, and each report filed, under subsection (2) shall contain —
the name of each private party who had a significant contact with that official;
the name of the member of Congress or covered executive branch official; and
for each member of Congress named, a summary of the nature of the contact, including —
the date of the contact;
the subject matter of the contact and the specific action, if any, to which the contact relates; and
if the contact was made on behalf of a client, the name of the client.
The Lobbying Disclosure Act is amended to provide the following: “each person required to file a lobby report under this title shall be required to maintain and file such report in electronic form accessible by computers.”
The Secretary of the Senate, and the Clerk of the House shall make reports required under this title available to the public on the Internet in a searchable, sortable, downloadable format within 48 hours (Saturdays, Sundays and holidays excepted) after they are received.
The Lobbying Disclosure Act is amended to require registered lobbyists electronically file a report within 72 hours of contracting to make an expenditure for paid advertising when such advertising:
refers to federal legislation;
reflects a point of view on the legislation;
includes a call to action to the general public to take action in respect to the legislation; and
relates to issues which the registered lobbyist has engaged in direct lobbying during the same reporting period.
A “call to action” is a statement in a paid advertisement that:
states that the recipient of the message should contact a legislator or other relevant government employee for the purposes of influencing legislation; or
states the address, telephone number or similar information regarding a legislator or legislative body employee; or
provides a petition or post card of similar means for the recipient to contact a legislator or legislative body employee; or
specifically identifies a legislator or legislators who will vote on the legislation as being opposed to or undecided about the organization’s view on the legislation or a member of a legislative (sub)committee which will vote on the legislation.
Identifying the sponsor of a bill would not be considered a call to action.
The term ‘paid advertising’ means communications on television, radio, billboards and general circulation newspapers and magazines, websites, electronic mailing groups, networks and social applications for which a fee is paid.
Disclosure of paid advertising include the following shall include:
the amount spent on paid advertising;
the client name;
the person or entity paid to for design and production of the paid advertising;
a description of the type of advertising (ie. television, direct mail); and
a brief description of the issue addressed in the advertising, the issue area code and, if applicable, bill number.
LOBBYING ACTIVITIES — Lobbying activities include paid efforts to stimulate grassroots lobbying but do not include grassroots lobbying.
GRASSROOTS LOBBYING — The term `grassroots lobbying' means the voluntary efforts of members of the general public to communicate their own views on an issue to federal officials or to encourage other members of the general public to do the same.
PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING —
IN GENERAL — The term ‘paid efforts to stimulate grassroots lobbying’ means any paid attempt in support of lobbying contacts on behalf of a client to influence the general public or segments thereof to contact one or more covered legislative or executive branch officials (or Congress as a whole) to urge such officials (or Congress) to take specific action with respect to a matter described in section 3(8)(A), except that such term does not include any communications by an entity directed to its members, employees, officers or shareholders.
PAID ATTEMPT TO INFLUENCE THE GENERAL PUBLIC OR SEGMENTS THEREOF —The term ‘paid attempt to influence the general public or segments thereof’ does not include an attempt to influence directed at less than 500 members of the general public.
REGISTRANT — For purposes of this paragraph, a person or entity is a member of a registrant if the person or entity —
pays dues or makes a contribution of more than a nominal amount to the entity;
makes a contribution of more than a nominal amount of time to the entity;
is entitled to participate in the governance of the entity;
is one of a limited number of honorary or life members of the entity; or
is an employee, officer, director or member of the entity.
GRASSROOTS LOBBYING FIRM — The term ‘grassroots lobbying firm’ means a person or entity that —
is retained by one or more clients to engage in paid efforts to stimulate grassroots lobbying on behalf of such clients; and
receives income of, or spends or agrees to spend, an aggregate of $25,000 or more for such efforts in any quarterly period.
Registration and reporting — Not later than 72 hours after a grassroots lobbying firm first is retained by a client to engage in paid efforts to stimulate grassroots lobbying, such grassroots lobbying firm shall electronically register and report with the Secretary of the Senate and the Clerk of the House of Representatives.
A report of paid efforts to stimulate grassroots lobbying by a grassroots lobbying firm shall include:
the amount spent on paid advertising;
the client name;
the person or entity paid to for design and production of the paid advertising;
a description of the type of media used to stimulate grassroots lobbying (ie. television, direct mail); and
a brief description of the issue addressed in the advertising, the issue area code and, if applicable, bill number.
IN GENERAL — The Secretary of the Senate and the Clerk of the House shall —
create guidelines to implement this Act, provide guidance and assistance on the recording and reporting requirements of this title, and develop common standards, rules and procedures for compliance with this title;
review, and, where necessary, verify the accuracy, completeness and timeliness of reports;
develop filing, coding and cross-indexing systems to carry out the purpose of this title, including —
a publicly available, searchable, sortable, downloadable database of all lobbyists who made a significant contact required to be reported by this Act;
a publicly available, searchable, sortable, downloadable database of all lobbyist contributions required to be reported by this Act; and
computerized systems designed to minimize the burden of filing and maximize public access to reports filed under this title.
immediately upon receipt make all reports filed under this Act available to the public free of charge in a searchable, sortable, downloadable database format on the website of the Secretary of the Senate and the Clerk of the House;
notify any lobbyist in writing that may be in noncompliance with this title; and
notify the United States Attorney for the District of Columbia that a lobbyist may be in noncompliance with this Act, if the lobbyist has been notified in writing and has failed to provide an appropriate response within 60 days after notice was given under paragraph (5).
The Lobbying Disclosure Act is amended to remove all provisions allowing for estimates based on tax reporting system.
Participate in this bill at http://publicmarkup.org/bill/real-time-online-lobbying-transparency-act/.
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