Stealth Lobbyist Disclosure Act of 2004 - Amends the Lobbying Disclosure Act of 1995 to redefine the term "client" with respect to coalitions and associations on whose behalf a lobbyist must file a registration. Provides that, in the case of a coalition or association that employs or retains other persons to conduct lobbying activities, each of the individual members of the coalition or association, and not the coalition or association itself as under current law, is the client for whom a registration must be filed. Makes an exception for certain tax-exempt associations and for certain members of a coalition or association if the amount reasonably expected to be contributed by such member toward specific legislation-influencing activities of the coalition or association is less than $1,000 per any semiannual period.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4937 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4937
To amend the Lobbying Disclosure Act of 1995 to require certain
coalitions and associations to disclose their lobbying activities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2004
Mr. Doggett (for himself, Mr. Allen, Mr. Baird, Mr. Becerra, Mr. Bell,
Mrs. Capps, Mr. Cardin, Ms. Carson of Indiana, Mr. Case, Mr. Davis of
Illinois, Mr. DeFazio, Mr. Delahunt, Ms. DeLauro, Mr. Edwards, Mr.
Evans, Mr. Farr, Mr. Filner, Mr. Frank of Massachusetts, Mr. Frost, Mr.
Gonzalez, Mr. Green of Texas, Mr. Grijalva, Mr. Hastings of Florida,
Mr. Hoeffel, Mr. Holt, Mr. Inslee, Mr. Jefferson, Mrs. Jones of Ohio,
Ms. Kaptur, Mr. Kucinich, Ms. Lee, Mr. Levin, Mr. Lewis of Georgia,
Mrs. Maloney, Mr. Markey, Mr. Matsui, Mrs. McCarthy of New York, Ms.
McCarthy of Missouri, Mr. McDermott, Mr. McGovern, Mr. McNulty, Mr.
George Miller of California, Mrs. Napolitano, Mr. Neal of
Massachusetts, Mr. Pomeroy, Mr. Rodriguez, Ms. Roybal-Allard, Mr. Ryan
of Ohio, Mr. Sanders, Ms. Schakowsky, Ms. Slaughter, Ms. Solis, Mr.
Stark, Mr. Tanner, Mr. Tierney, Mr. Udall of New Mexico, Mr. Waxman,
and Ms. Woolsey) introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Lobbying Disclosure Act of 1995 to require certain
coalitions and associations to disclose their lobbying activities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stealth Lobbyist Disclosure Act of
2004''.
SEC. 2. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND
ASSOCIATIONS.
(a) In General.--Paragraph (2) of section 3 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602) is amended to read as follows:
``(2) Client.--
``(A) In general.--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.
``(B) Treatment of coalitions and associations.--
``(i) In general.--Except as provided in
clauses (ii) and (iii), in the case of a
coalition or association that employs or
retains other persons to conduct lobbying
activities, each of the individual members of
the coalition or association (and not the
coalition or association) is the client. For
purposes of section 4(a)(3), the preceding
sentence shall not apply, and the coalition or
association shall be treated as the client.
``(ii) Exception for certain tax-exempt
associations.--In case of an association--
``(I) which is described in
paragraph (3) of section 501(c) of the
Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of
such Code, or
``(II) which is described in any
other paragraph of section 501(c) of
the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of
such Code and which has substantial
exempt activities other than lobbying
with respect to the specific issue for
which it engaged the person filing the
registration statement under section 4,
the association (and not its members) shall be
treated as the client.
``(iii) Exception for certain members.--
``(I) In general.--Information on a
member of a coalition or association
need not be included in any
registration under section 4 if the
amount reasonably expected to be
contributed by such member toward the
activities of the coalition or
association of influencing legislation
is less than $1,000 per any semiannual
period.
``(II) Exception.--Subclause (I)
shall not apply with respect to any
member who unexpectedly makes aggregate
contributions of more than $1,000 in
any semiannual period, and the date the
aggregate of such contributions first
exceeds $1,000 in such period shall be
treated as the date of first employment
or retention to make a lobbying contact
for purposes of section 4.
``(iv) Look-thru rules.--In the case of a
coalition or association which is treated as a
client under the first sentence of clause (i)--
``(I) such coalition or association
shall be treated as employing or
retaining other persons to conduct
lobbying activities for purposes of
determining whether any individual
member thereof is treated as a client
under clause (i), and
``(II) information on such
coalition or association need not be
included in any registration under
section 4 of the coalition or
association with respect to which it is
treated as a client under clause (i).''
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to--
(A) coalitions and associations listed on
registration statements filed under section 4 of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) after
the date of the enactment of this Act, and
(B) coalitions and associations for whom any
lobbying contact is made after the date of the
enactment of this Act.
(2) Special rule.--In the case of any coalition or
association to which the amendments made by this Act apply by
reason of paragraph (1)(B), the person required by such section
4 to file a registration statement with respect to such
coalition or association shall file a new registration
statement within 30 days after the date of the enactment of
this section.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution.
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