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Title II — Lobbying Reform

H.R. 9029 · 116th Congress · Dec 18, 2020 · Lineage

II Lobbying Reform

Sec. 201 Enforcement by the Office of Public Integrity

The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended—
(1)
in section 4(d) (2 U.S.C. 1603(d)), in the flush text following paragraph (2), by striking “Secretary of the Senate and the Clerk of the House of Representatives” and inserting “Director of the Office of Public Integrity”;
(2)
in section 5 (2 U.S.C. 1604)—
(A)
in subsection (a), by striking “Secretary of the Senate and the Clerk of the House of Representatives” and inserting “Director of the Office of Public Integrity”;
(B)
in subsection (d)(1), in the matter preceding subparagraph (A), by striking “Secretary of the Senate and the Clerk of the House of Representatives” and inserting “Director of the Office of Public Integrity”; and
(C)
in subsection (e)—
(i)
by striking “Secretary of the Senate or the Clerk of the House of Representatives” and inserting “Director of the Office of Public Integrity”; and
(ii)
by striking “Secretary of the Senate and the Clerk of the House of Representatives” and inserting “Director of the Office of Public Integrity”;
(3)
in section 6(a) (2 U.S.C. 1605(a)), in the matter preceding paragraph (1), by striking “Secretary of the Senate and the Clerk of the House of Representatives” and inserting “Director of the Office of Public Integrity”;
(4)
in section 7(a)(1) (2 U.S.C. 1606(a)(1)), by striking “Secretary of the Senate or the Clerk of the House of Representatives” and inserting “Director of the Office of Public Integrity”; and
(5)
in section 8(c) (2 U.S.C. 1607(c)), by striking “Secretary of the Senate or the Clerk of the House of Representatives” and inserting “Director of the Office of Public Integrity”.

Sec. 202 Definitions

Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is amended—
(1)
by inserting after paragraph (3), as added by section 151(a) of this Act, the following:

“(4) Corporate lobbyist—The term corporate lobbyist means a lobbyist that, for financial or other compensation for services that include lobbying activities, is employed or retained by a client that is—

“(A) a covered for-profit entity; or

“(B) an entity described in section 501(c)(6) of the Internal Revenue Code of 1986 of which 1 or more members are covered for-profit entities.”

(2)
by inserting after paragraph (5), as so redesignated by section 151(a) of this Act, the following:

“(6) Covered for-profit entity—The term covered for-profit entity—

“(A) means—

“(i) a corporation, limited liability company, or other entity that is created by the filing of a public document with a secretary of state of a State or similar office;

“(ii) a general partnership; or

“(iii) any similar entity formed under the laws of a foreign jurisdiction; and

“(B) does not include—

“(i) an entity described in paragraph (3), (4), or (5) of section 501(c) of the Internal Revenue Code of 1986;

“(ii) a political organization, as defined in section 527 of such Code, that is exempt from taxation under that section.”

(3)
in paragraph (11), as so redesignated by section 151(a) of this Act, by inserting “provision of strategic advice, and” after “planning activities,”;
(4)
in paragraph (10)(B), as so redesignated by section 151(a) of this Act—
(A)
by striking clause (v); and
(B)
by redesignating clauses (vi) through (xix) as clauses (v) through (xviii), respectively; and
(5)
by striking paragraph (13), as so redesignated by section 151(a) of this Act, and inserting the following:

“(13) Lobbyist—The term lobbyist—

“(A) means an individual who is employed or retained by a client for financial or other compensation—

“(i) for services that include making 1 or more lobbying contacts; or

“(ii) to engage in lobbying activities that do not include making lobbying contacts; and

“(B) includes a corporate lobbyist.”

Sec. 203 Registration of lobbyists

Section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is amended—
(1)
in subsection (a)(3)—
(A)
in subparagraph (A)—
(i)
by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly;
(ii)
in the matter preceding subclause (I), as so redesignated, by striking “entity whose—” and inserting the following: “entity—

“(i) of which the—”

(iii)
in clause (i), as so designated—
(I)
in subclause (I), as so redesignated, by inserting “, as estimated under section 5” after “$2,500”; and
(II)
in subclause (II), as so redesignated, by inserting “as estimated under section 5; or” after “$10,000,”;
(iv)
by inserting after clause (i)(II), as so designated, the following:

“(ii) that engages in lobbying activities for less than 8 hours,”

(v)
in the flush text following clause (ii)—
(I)
by striking “(as estimated under section 5)”; and
(II)
by striking “with respect to such client” and inserting “, in the case of a person or entity described in subclause (I) or (II) of clause (i), with respect to such client, or, in the case of a person or entity described in clause (ii), with respect to any client of the person or entity.”; and
(B)
in subparagraph (B), by striking “subparagraph (A)” and inserting “subparagraph (A)(i)”;
(2)
in subsection (b)—
(A)
by striking paragraph (4);
(B)
by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively;
(C)
in paragraph (4), as so redesignated—
(i)
in subparagraph (A)—
(I)
by striking “the general issues areas” and inserting “each specific issue area”; and
(II)
by striking “and” at the end;
(ii)
by redesignating subparagraph (B) as subparagraph (C);
(iii)
by inserting after subparagraph (A) the following:

“(B) each specific action or inaction that, as of the date of the registration, has already been requested, or that will be requested;”

(iv)
in subparagraph (C), as so redesignated—
(I)
by striking “to the extent practicable, specific issues that have” and inserting “each specific issue, including any Federal legislation, rule, or regulation, or Executive order, that has”; and
(II)
by striking “are” and inserting “is”;
(D)
in paragraph (5), as so redesignated, by striking the period and inserting a semicolon; and
(E)
by inserting after paragraph (5), as so redesignated, the following:

“(6) the name of each covered legislative branch official or covered executive branch official who, as of the date of the registration, has already been contacted, or is likely to be contacted, in any lobbying activity on behalf of the client; and

“(7) with respect to any person or entity that, as of the date of the registration, or has been retained, by the registrant to engage in any lobbying activity on behalf of the client of the registrant—

“(A) the name, address, business telephone number, and principal place of business of the person or entity;

“(B) a description of any lobbying contact that, as of the date of the registration, has been made in, or is likely to be made, on behalf of the client of the registrant by the person or entity;

“(C) with respect to the lobbying activity on behalf of the client of the registrant, the amount that the registrant, as of the date of the registration, has paid, or is likely to pay, to the person or entity as compensation for the lobbying activity; and

“(D) the name of each employee of the person or entity who, as of the date of the registration, has supervised, or who is likely to supervise, any lobbying activity on behalf of the client of the registrant.”

(3)
by striking subsection (c) and inserting the following:

“(c) Multiple clients—In the case of a registrant that engages in lobbying activities or political intelligence activities on behalf of more than 1 client, the registrant shall file a separate registration for each client.”

Sec. 204 Reports by lobbyists

(a)
Quarterly reports— Section 5(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(b)) is amended—
(1)
by striking paragraph (2) and inserting the following:

“(2) a statement of—

“(A) each specific issue with respect to which the registrant, or any employee of the registrant, engaged in lobbying activities or political intelligence activities, including, to the maximum extent practicable, a statement of each bill number and reference to any specific Federal rule or regulation, Executive order, or any other program, policy, or position of the United States Government;

“(B) each lobbying activity or political intelligence activity that the registrant has engaged in on behalf of the client, including—

“(i) each document prepared by the registrant that was submitted to any covered legislative branch official or covered executive branch official;

“(ii) each meeting conducted that constituted a lobbying contact or a political intelligence contact, including the subject of the meeting, the date of the meeting, and the name and position of each individual who was a party to the meeting;

“(iii) each phone call made that constituted a lobbying contact or a political intelligence contact, including the subject of the phone call, the date of the phone call, and the name and position of each individual who was a party to the phone call; and

“(iv) each email sent that constituted a lobbying contact or a political intelligence contact, including the subject of the email, the date of the email, and the name and position of each individual who was a party to the email;

“(C) the name of each employee of the registrant who did not participate in the lobbying contact or a political intelligence contact but engaged in lobbying activities or political intelligence activitites, respectively, in support of the lobbying contact or political intelligence contact, respectively, and a description of any such lobbying activity or a political intelligence activity; and

“(D) with respect to any person or entity retained by the registrant to engage in lobbying activities or political intelligence activities on behalf of the client of the registrant—

“(i) the name, address, business telephone number, and principal place of business of the person or entity;

“(ii) a description of any lobbying activity or political intelligence activity by the person or entity on behalf of the client of the registrant;

“(iii) the amount the registrant paid to the person or entity for any lobbying activity or political intelligence activity by the person or entity on the behalf of the client of the registrant;

“(iv) the name of each employee of the person or entity who supervised any lobbying activity or political intelligence activity by the person or entity on behalf of the client of the registrant; and

“(v) the official action or inaction requested in the course of the lobbying activity;”

(2)
in paragraph (4), by striking “and” at the end;
(3)
in paragraph (5), by striking the period and inserting “; and”; and
(4)
by adding at the end the following:

“(6) a copy of any document transmitted to a covered legislative branch official or a covered executive branch official in the course of any lobbying activity by the registrant on behalf of the client.”

(b)
Estimates based on tax reporting system— Section 15 of the Lobbying Disclosure Act (2 U.S.C. 1610) is repealed.

Sec. 205 Prohibition on foreign lobbying

(a)
In general— The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended—
(1)
by redesignating section 26 (2 U.S.C. 1614) as section 28; and
(2)
by inserting after section 25 (2 U.S.C. 1613) the following:

“26. Prohibition on foreign lobbying

“(a) Definition—In this section—

“(1) the term covered lobbyist means—

“(A) a lobbyist that is registered or is required to register under section 4(a)(1);

“(B) an organization that employs 1 or more lobbyists and is registered, or is required to register, under section 4(a)(2); and

“(C) an employee listed or required to be listed as a lobbyist by a registrant under section 4(b)(6) or 5(b)(2)(C); and

“(2) the terms information-service employee, public-relations counsel, and publicity agent have the meanings given those terms in section 1 of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611).

“(b) Prohibition—Except as provided in subsection (c), a covered lobbyist may not accept financial or other compensation for services that include lobbying activities on behalf of a foreign entity.

“(c) Exemptions—The prohibition under subsection (b) shall not apply the following covered lobbyists:

“(1) Diplomatic or consular officers—A duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, while the officer is engaged exclusively in activities that are recognized by the Department of State as being within the scope of the functions of the officer.

“(2) Officials of foreign governments—An official of a foreign government, if that government is recognized by the United States, who is not a public-relations counsel, a publicity agent, or an information-service employee, or a citizen of the United States, whose name and status and the character of whose duties as an official are of public record in the Department of State, while said official is engaged exclusively in activities that are recognized by the Department of State as being within the scope of the functions of the official.

“(3) Staff members of diplomatic or consular officers—A member of the staff of, or any person employed by, a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, other than a public-relations counsel, a publicity agent, or an information-service employee, whose name and status and the character of whose duties as such member or employee are of public record in the Department of State, while the member or employee is engaged exclusively in the performance of activities that are recognized by the Department of State as being within the scope of the functions of the member or employee.

“(4) Persons engaging or agreeing to engage in the soliciting or collecting of funds for humanitarian relief—A person engaging or agreeing to engage only in the soliciting or collecting of funds and contributions within the United States to be used only for medical aid and assistance, or for food and clothing to relieve human suffering, if the solicitation or collection of funds and contributions is in accordance with, and subject to, the provisions of the Neutrality Act of 1939 (22 U.S.C. 441 et seq.), and such rules and regulations as may be prescribed thereunder.

“(5) Certain persons qualified to practice law

“(A) In general—A person qualified to practice law, insofar as the person engages, or agrees to engage in, the legal representation of a disclosed foreign entity before any court of law or any agency of the Government of the United States.

“(B) Legal representation—For the purpose of this paragraph, legal representation does not include any attempt to influence or persuade agency personnel or officials other than in the course of—

“(i) a judicial proceeding;

“(ii) a criminal or civil law enforcement inquiry, investigation, or proceeding; or

“(iii) an agency proceeding required by statute or regulation to be conducted on the record.

“(d) Penalties—Any person who knowingly violates this section shall be fined not more than $200,000, imprisoned for not more than 5 years, or both, and any compensation received for engaging in the unlawful activity shall be subject to disgorgement.”

(b)
Conforming amendment— Section 7 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1606) is amended—
(1)
in subsection (a), in the matter preceding paragraph (1), by striking “Whoever” and inserting “Except as otherwise provided in this Act, whoever”; and
(2)
in subsection (b), by striking “Whoever” and inserting “Except as otherwise provided in this Act, whoever”.

Sec. 206 Prohibition on contingent fee lobbying

The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended by inserting after section 26, as added by section 205, the following:

“27. Prohibition on contingent fee arrangements

“(a) Definitions—In this section, the term covered lobbyist means—

“(1) a lobbyist that is registered or is required to register under section 4(a)(1);

“(2) an organization that employs 1 or more lobbyists and is registered, or is required to register, under section 4(a)(2); and

“(3) an employee listed or required to be listed as a lobbyist by a registrant under section 4(b)(6) or 5(b)(2)(C).

“(b) Prohibition—A covered lobbyist may not be employed under, or receive compensation in connection with, an arrangement in which compensation paid to the covered lobbyist is contingent on the result of lobbying activities engaged in by the covered lobbyist.

“(c) Penalties—Any person who knowingly violates this section shall be fined not more than $200,000, imprisoned for not more than 5 years, or both, and any compensation received for engaging in the unlawful activity shall be subject to disgorgement.”

Sec. 207 Prohibition on provision of gifts or travel by registered lobbyists

Section 25 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1613) is amended—
(1)
in the section heading, by striking “to Members of Congress and to congressional employees”;
(2)
by striking subsection (a) and inserting the following:

“(a) Prohibition—Except as provided in subsection (c), a person described in subsection (b) may not make a gift or provide travel to a covered legislative branch official or a covered executive branch official.”

(3)
by adding at the end the following:

“(c) Exceptions—A person described in subsection (b) may make a gift or provide travel to a covered legislative branch official or a covered executive branch official if—

“(1) the gift or travel complies with any applicable rule of the Senate, House of Representatives, or executive branch applicable to the recipient of the gift or travel; and

“(2) the gift or travel—

“(A) is based on the personal or family relationship of the person with the covered legislative branch official or a covered executive branch official and is given with the knowledge and acquiescence of the covered legislative branch official or a covered executive branch official, unless the covered legislative branch official or a covered executive branch official has reason to believe that the gift or travel was given because of the official position of the covered legislative branch official or a covered executive branch official;

“(B) is a discount or similar benefit;

“(C) results from the business or employment activities of the spouse of the covered legislative branch official or a covered executive branch official;

“(D) is a gift or travel customarily provided by a prospective employer in connection with bona fide employment discussions;

“(E) in the case of a covered executive branch official, is of a kind authorized by a supplemental agency regulation that is—

“(i) issued by the agency that employs the covered executive branch official; and

“(ii) approved by the Director of the Office of Public Integrity; or

“(F) may be accepted by the covered legislative branch official or covered executive branch official under specific Federal statutory authority.”

Sec. 208 Application of General Schedule to Congress

(a)
In general— Section 5331 of title 5, United States Code, is amended—
(1)
in subsection (a), by striking “this subchapter, “agency”, “employee”, “position”,” and inserting the following: “this subchapter—

“(1) agency—

“(A) has the meaning given that term in section 5102 of this title; and

“(B) includes—

“(i) the Government Accountability Office; and

“(ii) any agency, office, or other entity for which the pay of the employees of the agency, office, or other entity is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives;

“(2) employee—

“(A) means an individual employed in or under an agency; and

“(B) does not include a Member of Congress; and

“(3) “position”,”

(2)
in subsection (b), by inserting “and employees in positions in an agency described in subsection (a)(1)(B)” after “chapter 51 applies”.
(b)
Technical and conforming amendments—
(1)
Section 5 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 4531) is repealed.
(2)
Section 311 of the Legislative Branch Appropriations Act, 1988 (2 U.S.C. 4532) is repealed.
(3)
Sections 471 and 475 of the Legislative Reorganization Act of 1970 (2 U.S.C. 4533, 4534) are repealed.
(4)
Section 4 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 4571) is repealed.
(5)
Section 107 of the Legislative Branch Appropriation Act, 1977 (2 U.S.C. 4572) is repealed.
(6)
Section 315 of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 4573) is repealed.
(7)
Section 105 of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 4575) is amended—
(A)
by striking subsection (a);
(B)
by striking subsection (c);
(C)
by striking subsection (e); and
(D)
by striking subsection (f).
(8)
Section 114 of the Legislative Branch Appropriation Act, 1978 (2 U.S.C. 4576) is amended by striking “maximum rate specified” and all that follows and inserting “rate payable for a position at level 15, step 10 of the General Schedule.”.
(9)
Section 102(c)(2)(B) of the Legislative Branch Appropriations Act, 2002 (2 U.S.C. 4579(c)(2)(B)) is amended by striking “exceeding” and all that follows and inserting “exceeding 1/12th of the maximum annual rate of pay that is payable for positions on the General Schedule under section 5304(g)(1) of title 5, United States Code.”.

Sec. 209 Reestablishment of Office of Technology Assessment

(a)
Authorization of appropriations— Section 12(a) of the Technology Assessment Act of 1972 (2 U.S.C. 481(a)) is amended by striking “there is hereby” and all that follows through the period at the end and inserting “for each fiscal year there is authorized to be appropriated to the Office such sums as may be necessary.”.
(b)
Initial appointments— Not later than 60 days after the date on which appropriations are made available to reestablish the Office of Technology Assessment, the President pro tempore of the Senate and the Speaker of the House of Representatives shall appoint the members of the Technology Assessment Board in accordance with section 4(a) of the Technology Assessment Act of 1972 (2 U.S.C. 473(a)).
(c)
Initial recommendations—
(1)
In general— Not later than 270 days after the date on which all members of the Technology Assessment Board are appointed under subsection (b), and after reviewing recommendations relating to the reestablishment of the Office of Technology Assessment and meeting with relevant stakeholders, the Technology Assessment Board shall submit to Congress recommendations concerning how Congress should enhance technology assessment support for the legislative branch, including whether Congress should enact new or revised authorities that address resources, function, structure, or other matters the Technology Assessment Board determines appropriate.
(2)
Review— Not later than 90 days after the date on which Congress receives the recommendations under paragraph (1), each committee of the Senate or the House of Representatives with jurisdiction of any issue relating to technology assessment support for the legislative branch shall hold a hearing with respect to the recommendations.
(d)
Adjustments to Other Laws—
(1)
Annual reports— Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) shall not apply to any report submitted under section 11 of the Technology Assessment Act of 1972 (Public Law 92–48, 86 Stat. 802).
(2)
Information for the Congressional Budget Office— Section 201(e) of the Congressional Budget Act of 1974 (2 U.S.C. 601(e)) is amended—
(A)
by inserting “the Office of Technology Assessment,” after “Government Accountability Office,”; and
(B)
by inserting “the Technology Assessment Board,” after “Comptroller General,”.
(3)
Inclusion as an instrumentality of Congress— Section 510(4) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209(4)) is amended by striking “following:,” and inserting “following: the Office of Technology Assessment,”.
(e)
Technical amendments— Section 7(e)(1) of the Technology Assessment Act of 1972 (2 U.S.C. 476(e)(1)) is amended by striking “section 5702 and in 5704 of title 5” and inserting “sections 5702 and 5704 of title 5, United States Code”.

Sec. 210 Progressive tax on lobbying expenditures

(a)
Tax provisions relating to lobbying expenditures—
(1)
Excise tax on expenditures for lobbying activities—
(A)
In general— Chapter 33 of the Internal Revenue Code of 1986 is amended by inserting after subchapter C the following new subchapter:

“D Lobbying Activities

“4286. Imposition of tax

“(a) In general—There is hereby imposed on quarterly lobbying expenditures in excess of $125,000 a tax determined in accordance with the following table:

“(b) Exception

“(1) In general—Except as provided in paragraph (2), the tax imposed by this section shall not apply to any organization described in section 501(c) and exempt from tax under section 501(a).

“(2) Application to certain business organizations—Paragraph (1) shall not apply to any organization which—

“(A) is described in section 501(c)(6) and exempt from tax under section 501(a), and

“(B) has as a member of such organization an organization that is not described in section 501(c) and exempt from tax under section 501(a).

“(c) Payment of tax—The tax imposed by this section shall be paid by the person paying for the quarterly lobbying expenditures.

“(d) Definitions—For purposes of this section, the term quarterly lobbying expenditures means, with respect to any calendar quarter, the expenditures paid or incurred for lobbying activities (as defined under section 3 of the Lobbying Disclosure Act of 1995) during such calendar quarter.

“(e) Special rule—For purposes of this section, all persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single person.”

(B)
Conforming amendment— The table of subchapters for chapter 33 of such Code is amended by inserting after the item related to subchapter C the following new item:
(C)
Effective date— The amendments made by this paragraph shall apply to amounts paid or incurred in calendar quarters beginning more than 60 days after the date of the enactment of this Act.
(2)
Modification of definition of influencing legislation for purposes of restrictions on certain charitable organizations—
(A)
In general— Section 4911(e)(2) of the Internal Revenue Code of 1986 is amended—
(i)
by striking “includes action with respect to Acts, bills” and inserting

“(i) the formulation, modification, or adoption of Acts, bills”

(ii)
by adding at the end the following new subparagraphs:

“(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), and

“(iv) the nomination or confirmation of a person for a position subject to confirmation by the Senate.”

(B)
Conforming amendments— Section 4911(e) of such Code is amended by striking paragraph (3) and redesignating paragraph (4) as paragraph (3).
(C)
Effective date— The amendments made by this paragraph shall take effect 180 days after the date of the enactment of this Act.
(b)
Lobbying Defense Trust Fund—
(1)
Establishment of fund—
(A)
In general— Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

“9512. Lobbying Defense Trust Fund

“(a) In general—There is established in the Treasury of the United States a trust fund to be known as the “Lobbying Defense Trust Fund”, consisting of any amount appropriated or credited to the Trust Fund as provided in this section or section 9602(b).

“(b) Transfers to trust fund—There is hereby appropriated to the Lobbying Defense Trust Fund amounts equivalent to—

“(1) the taxes received in the Treasury under section 4286, and

“(2) the civil penalties collected under the Anti-Corruption and Public Integrity Act and the amendments made by that Act.

“(c) Availability—Amounts transferred to the Lobbying Defense Trust Fund shall—

“(1) remain available until expended; and

“(2) be used, without further appropriation, by the Director of the Office of Public Integrity in accordance with subsection (d).

“(d) Use of funds

“(1) Transfers to agencies

“(A) In general—For each calendar quarter beginning more than 60 days after the date of the enactment of this section, not later than 30 days after the end of the quarter, the Director of the Office of Public Integrity (in this subsection referred to as the “Director”) shall identify specific rules or other agency actions that were the subject of significant lobbying activity directed toward an executive agency during the quarter.

“(B) Transfer—Not later than the end of each calendar quarter beginning more than 60 days after the date of the enactment of this section, the Director shall transfer from the Lobbying Defense Trust Fund to each executive agency that was the subject of significant lobbying activity during the previous quarter an amount equal to the amount obtained by multiplying—

“(i) the amount of taxes received in the Treasury under section 4286 that are attributable to lobbying expenditures during the previous quarter; by

“(ii) the percentage of such taxes that were based on lobbying expenditures during the previous quarter related to rulemaking within the jurisdiction of the executive agency.

“(C) Use of transferred funds—An executive agency may use amounts transferred under subparagraph (B) for salaries and expenses relating to researching, reviewing, or finalizing rules or other agency actions in accordance with section 553 or 554 of title 5, United States Code.

“(D) Availability—Amounts transferred under subparagraph (B) shall remain available until expended.

“(2) Office of the Public Advocate

“(A) Budget submission—For each fiscal year beginning more than 60 days after the date of enactment of this section, the National Public Advocate shall submit to the Director a request—

“(i) indicating the amount the National Public Advocate is requesting be transferred to the Office of the Public Advocate; and

“(ii) describing the activities of the Office of the Public Advocate that would be carried out using the amounts.

“(B) Transfer—After consideration of the request submitted under subparagraph (A) with respect to a fiscal year, the Director shall transfer to the Office of the Public Advocate from the Lobbying Defense Trust Fund the amount determined appropriate by the Director.

“(C) Use of funds—Amounts transferred under subparagraph (B) may be used for any authorized activity of the Office of the Public Advocate, including salaries and expenses.

“(D) Availability—Amounts transferred under subparagraph (B) shall remain available until expended.

“(3) Congressional support agencies

“(A) Transfer—Not later than the end of each calendar quarter beginning more than 60 days after the date of the enactment of this section, the Director shall transfer from the Lobbying Defense Trust Fund to the Congressional Research Service, the Congressional Budget Office, the Government Accountability Office, and the Office of Technology Assessment an amount equal to 25 percent of the difference between—

“(i) the amount of taxes received in the Treasury under section 4286 that are attributable to lobbying expenditures during the previous quarter; and

“(ii) the amount of such taxes that were based on lobbying expenditures during the previous quarter related to rulemaking within the jurisdiction of an executive agency.

“(B) Use of funds—Amounts transferred under subparagraph (A) may be used for any authorized activity of the agency receiving the amounts, including salaries and expenses.

“(C) Availability—Amounts transferred under subparagraph (A) shall remain available until expended.

“(4) Regulations—Not later than 180 days after the date of enactment of this Act, the Director shall promulgate regulations defining the term “significant lobbying activity” for purposes of this subsection.”

(2)
Clerical amendment— The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item:
(3)
Effective date— The amendments made by this subsection shall take effect on the date of enactment of this Act.

Sec. 211 Disclosure of registration status

Section 14 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) is amended—
(1)
by striking subsections (a) and (b) and inserting the following:

“(a) Lobbying contacts—Any person or entity that makes a lobbying contact with a covered legislative branch official or a covered executive branch official shall, at the time of the lobbying contact, state whether the person or entity is registered under this Act and identify the client on whose behalf the lobbying contact is made.”

(2)
by redesignating subsection (c) as subsection (b).