,i #aacth ,,congress #b;d ,session ,h4 ,r4 #eebe ,,in ,,the ,,house ,,of ,,representatives ,september #ah1 #bjad ,ms4 ,slaughter 7for herself1 ,mr4 ,duncan of ,tennessee1 and ,mr4 ,walz7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,lobbying ,disclosure ,act of #aiie to require the disclosure of political intelligence activities1 to amend title #ah1 ,united ,states ,code1 to provide for restrictions on former officers1 employees1 and elected officials of the executive and legislative branches regarding political intelligence contacts1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,political ,intelligence ,transparency ,act of #bjad4 #b4 ,disclosure of political intelligence activities under lobbying disclosure act 7a7 ,definitions ,section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb7 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by inserting after lobbying activities each place that term appears the following3 or political intelligence activities2 and 7,b7 by inserting after lobbyists the following3 or political intelligence consultants2 and 7#b7 by adding at the end the following new paragraphs3 7#ag7 ,political intelligence activities ,the term political intelligence activities means political intelligence contacts and efforts in support of such contacts1 including preparation and planning activities1 research1 and other background work that is intended1 at the time it is performed1 for use in contacts1 and coordination with such contacts and efforts of others4 7#ah7 ,political intelligence contact 7,a7 ,definition ,the term political intelligence contact means any oral or written communication 7including an electronic communication7 to a covered executive branch official or a covered legislative branch official1 the information derived from which is for use in analyzing the markets for securities1 commodities for future delivery1 swaps1 or security-based swaps1 or in informing investment decisions in any such market1 and which is made on behalf of a client with regard to-- 7i7 the formulation1 modification1 or adoption of ,federal legislation 7including legislative proposals72 7ii7 the formulation1 modification1 or adoption of a ,federal rule1 regulation1 ,executive order1 or any other program1 policy1 or position of the ,united ,states ,government2 7iii7 the administration or execution of a ,federal program or policy 7including the negotiation1 award1 or administration of a ,federal contract1 grant1 loan1 permit1 or license72 or 7iv7 the nomination or confirmation of a person for a position subject to confirmation by the ,senate4 7,b7 ,exception ,the term political intelligence contact does not include a communication that is-- 7i7 made by a representative of a media organization 7as such term is defined in this subsection7 if the purpose of the communication is gathering and disseminating news and information to the public2 7ii7 made in a speech1 article1 publication or other material that is distributed and made available to the public1 or through radio1 television1 cable television1 or other medium of mass communication2 7iii7 made on behalf of a government of a foreign country or a foreign political party and disclosed under the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa et seq472 7iv7 a request for a meeting1 a request for the status of an action1 or any other similar administrative request1 if the request does not include an attempt to influence a covered executive branch official or a covered legislative branch official2 7v7 made in the course of participation in an advisory committee subject to the ,federal ,advisory ,committee ,act2 7vi7 testimony given before a committee1 subcommittee1 or task force of the ,congress1 or submitted for inclusion in the public record of a hearing conducted by such committee1 subcommittee1 or task force2 7vii7 information provided in writing in response to an oral or written request by a covered executive branch official or a covered legislative branch official for specific information2 7viii7 required by subpoena1 civil investigative demand1 or otherwise compelled by statute1 regulation1 or other action of the ,congress or an agency1 including any communication compelled by a ,federal contract1 grant1 loan1 permit1 or license2 7ix7 made in response to a notice in the ,federal ,register1 ,commerce ,business ,daily1 or other similar publication soliciting communications from the public and directed to the agency official specifically designated in the notice to receive such communications2 7x7 not possible to report without disclosing information1 the unauthorized disclosure of which is prohibited by law2 7xi7 made to an official in an agency with regard to-- 7,i7 a judicial proceeding or a criminal or civil law enforcement inquiry1 investigation1 or proceeding2 or 7,,ii7 a filing or proceeding that the ,government is specifically required by statute or regulation to maintain or conduct on a confidential basis1 if that agency is charged with responsibility for such proceeding1 inquiry1 investigation1 or filing2 7xii7 made in compliance with written agency procedures regarding an adjudication conducted by the agency under section #eed of title #e1 ,united ,states ,code1 or substantially similar provisions2 7xiii7 a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding2 7xiv7 a petition for agency action made in writing and required to be a matter of public record pursuant to established agency procedures2 7xv7 made on behalf of an individual with regard to that individual's benefits1 employment1 or other personal matters involving only that individual1 except that this clause does not apply to any communication with-- 7,i7 a covered executive branch official1 or 7,,ii7 a covered legislative branch official 7other than the individual's elected ,members of ,congress or employees who work under such ,members' direct supervision71 with respect to the formulation1 modification1 or adoption of private legislation for the relief of that individual2 7xvi7 a disclosure by an individual that is protected under the amendments made by the ,whistleblower ,protection ,act of #aihi1 under the ,inspector ,general ,act of #aigh1 or under another provision of law2 7xvii7 made by-- 7,i7 a church1 its integrated auxiliary1 or a convention or association of churches that is exempt from filing a ,federal income tax return under paragraph 7#b77;,a77i7 of section #fjcc7;a7 of the ,internal ,revenue ,code of #aihf1 or 7,,ii7 a religious order that is exempt from filing a ,federal income tax return under paragraph 7#b77;,a77iii7 of such section #fjcc7;a72 and 7xviii7 between-- 7,i7 officials of a self-regulatory organization 7as defined in section #c7;a77#bf7 of the ,securities ,exchange ,act7 that is registered with or established by the ,securities and ,exchange ,commission as required by that ,act or a similar organization that is designated by or registered with the ,commodities ,future ,trading ,commission as provided under the ,commodity ,exchange ,act2 and 7,,ii7 the ,securities and ,exchange ,commission or the ,commodities ,future ,trading ,commission1 respectively2 relating to the regulatory responsibilities of such organization under that ,act4 7#ai7 ,political intelligence firm ,the term political intelligence firm means a person or entity that has #a or more employees who are political intelligence consultants to a client other than that person or entity4 7#bj7 ,political intelligence consultant ,the term political intelligence consultant means any individual who is employed or retained by a client for financial or other compensation for services that include one or more political intelligence contacts1 including an individual who provides brokerage and research services under section #bh7;e7 of the ,securities ,exchange ,act of #aicd4 7#ba7 ,security ,the term security has the meaning given such term in section #c7;a77#aj7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a77#aj774 7#bb7 ,security-based swap ,the term security-based swap has the meaning given such term in section #c7;a77#fh7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a77#fh774 7#bc7 ,commodity ,the term commodity has the meaning given such term in section #a;a7#i7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a;a7#i774 7#bd7 ,swap ,the term swap has the meaning given such term in section #a;a7#dg7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a;a7#dg774 4 7b7 ,registration requirement ,section #d of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,general rule ,a lobbyist or a political intelligence consultant 7or1 as provided under paragraph 7#b71 the organization employing such lobbyist or consultant71 shall register with the ,secretary of the ,senate and the ,clerk of the ,house of ,representatives-- 7,a7 no later than #de days after-- 7i7 the lobbyist first makes a lobbying contact or is employed or retained to make a lobbying contact1 whichever is earlier2 or 7ii7 the political intelligence consultant first makes a political intelligence contact or is employed or retained to make a political intelligence contact1 whichever is earlier2 or 7,b7 on the first business day after such #deth day if the #deth day is not a business day4 2 7,b7 in paragraph 7#b71 by inserting after lobbyists each place that term appears the following3 or political intelligence consultants2 and 7,c7 in paragraph 7#c77;,a7-- 7i7 in clause 7i7-- 7,i7 by inserting after lobbying activities the following3 and political intelligence activities2 and 7,,ii7 by inserting after lobbying firm the following3 or political intelligence firm2 and 7ii7 in clause 7ii7-- 7,i7 by inserting after lobbying activities the following3 and political intelligence activities2 and 7,,ii7 by inserting after lobbying activities the following3 or political intelligence activities2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#c71 by inserting after lobbying activities each place that term appears the following3 or political intelligence activities2 7,b7 in paragraph 7#d7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting after lobbying activities the following3 or political intelligence activities2 and 7ii7 in subparagraph 7,c71 by inserting after lobbying activity the following3 or political intelligence activity2 7,c7 in paragraph 7#e71 by inserting after lobbying activities each place that term appears the following3 or political intelligence activities2 and 7,d7 in the matter following paragraph 7#f71 by inserting or political intelligence activities after such lobbying activities2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by inserting after lobbying contacts the following3 or political intelligence contacts2 7,b7 in paragraph 7#b7-- 7i7 by inserting after lobbying contact the following3 or political intelligence contact2 and 7ii7 by inserting after lobbying contacts the following3 and political intelligence contacts2 and 7,c7 by inserting after paragraph 7#b71 the following new paragraph3 7#c7 ,rule of construction ,any threshold dollar amount or percentage described in subsection 7b7 relates to the sum of the income1 contributions1 or percent equitable ownership related to lobbying activities plus the income1 contributions1 or percent equitable ownership related to political intelligence activities4 2 and 7#d7 in subsection 7d71 by inserting after lobbying activities each place that term appears the following3 or political intelligence activities4 7c7 ,reports by registered political intelligence consultants ,section #e of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjd7 is amended-- 7#a7 in subsection 7a71 by inserting after lobbying activities the following3 and political intelligence activities2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting after lobbying activities the following3 or political intelligence activities2 7ii7 in subparagraph 7,a7-- 7,i7 by inserting after lobbyist the following3 or political intelligence consultant2 and 7,,ii7 by inserting after lobbying activities the following3 or political intelligence activities2 7iii7 in subparagraph 7,b71 by inserting after lobbyists the following3 and political intelligence consultants2 and 7iv7 in subparagraph 7,c71 by inserting after lobbyists the following3 or political intelligence consultants2 7,b7 in paragraph 7#c7-- 7i7 by inserting after lobbying firm the following3 or political intelligence firm2 and 7ii7 by inserting after lobbying activities each place that term appears the following3 or political intelligence activities2 and 7,c7 in paragraph 7#d71 by inserting after lobbying activities each place that term appears the following3 or political intelligence activities2 and 7#c7 in subsection 7d77#a71 in the matter preceding subparagraph 7,a71 by inserting or a political intelligence consultant after a lobbyist4 7d7 ,disclosure and enforcement ,section #f7;a7 of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afje7 is amended-- 7#a7 in paragraph 7#c77;,a71 by inserting after lobbying firms the following3 1 political intelligence consultants1 political intelligence firms12 7#b7 in paragraph 7#g71 by striking or lobbying firm and inserting lobbying firm1 political intelligence consultant1 or political intelligence firm2 and 7#c7 in paragraph 7#h71 by striking or lobbying firm and inserting lobbying firm1 political intelligence consultant1 or political intelligence firm4 7e7 ,rules of construction ,section #h7;b7 of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjg7;b77 is amended by striking or lobbying contacts and inserting lobbying contacts1 political intelligence activities1 or political intelligence contacts4 7f7 ,identification of clients and covered officials ,section #ad of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afji7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the heading1 by inserting or ,political ,intelligence after ,lobbying2 7,b7 by inserting or political intelligence contact after lobbying contact each place that term appears2 and 7,c7 in paragraph 7#b71 by inserting or political intelligence activity1 as the case may be after lobbying activity2 7#b7 in subsection 7b7-- 7,a7 in the heading1 by inserting or ,political ,intelligence after ,lobbying2 7,b7 by inserting or political intelligence contact after lobbying contact each place that term appears2 and 7,c7 in paragraph 7#b71 by inserting or political intelligence activity1 as the case may be after lobbying activity2 and 7#c7 in subsection 7c71 by inserting or political intelligence contact after lobbying contact4 7g7 ,annual audits and reports by comptroller general ,section #bf of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afad7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting political intelligence firms1 political intelligence consultants1 after lobbying firms2 and 7,b7 by striking lobbying registrations and inserting registrations2 7#b7 in subsection 7b77#a77;,a71 by inserting political intelligence firms1 political intelligence consultants1 after lobbying firms2 and 7#c7 in subsection 7c71 by inserting or political intelligence consultant after a lobbyist4 #c4 ,restrictions on former officers1 employees1 and elected officials of the executive and legislative branches regarding political intelligence contacts ,section #bjg of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting after with the intent to influence1 the following3 or with the intent to gain information for use in analyzing securities or commodities markets1 or in informing investment decisions in securities or commodities markets12 and 7,b7 in paragraph 7#b71 by inserting after with the intent to influence1 the following3 or with the intent to gain information for use in analyzing securities or commodities markets1 or in informing investment decisions in securities or commodities markets12 7#b7 in subsection 7c77#a71 by inserting after with the intent to influence1 the following3 or with the intent to gain information for use in analyzing securities or commodities markets1 or in informing investment decisions in securities or commodities markets12 7#c7 in subsection 7d77#a71 by inserting after with the intent to influence1 the following3 or with the intent to gain information for use in analyzing securities or commodities markets1 or in informing investment decisions in securities or commodities markets12 7#d7 in subsection 7e71 by inserting after with the intent to influence1 each place it appears the following3 or with the intent to gain information for use in analyzing securities or commodities markets1 or in informing investment decisions in securities or commodities markets12 7#e7 in subsection 7i77#a71 by inserting after with the intent to influence1 each place it appears the following3 or with the intent to gain information for use in analyzing securities or commodities markets1 or in informing investment decisions in securities or commodities markets12 and 7#f7 in subsection 7j71 by adding at the end the following3 7#h7 ,representative of a media organization ,the restrictions contained in this section relating to a communication made with the intent to gain information for use in analyzing securities or commodities markets1 or in informing investment decisions in securities or commodities markets shall not apply to a communication made by a representative of a media organization 7as such term is defined in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb771 if the purpose of the communication is gathering and disseminating news and information to the public4 4 #d4 ,effective date ,the amendments made by this ,act shall apply with respect to any political intelligence contact 7as defined in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb71 as added by section #b of this ,act7 that is made on or after the #ijth day after the date of the enactment of this ,act4