US (United States) Code. Title 2. Chapter 26: Disclosure of lobbying activities

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-CITE-

2 USC CHAPTER 26 - DISCLOSURE OF LOBBYING ACTIVITIES 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 26 - DISCLOSURE OF LOBBYING ACTIVITIES

.

-HEAD-

CHAPTER 26 - DISCLOSURE OF LOBBYING ACTIVITIES

-MISC1-

Sec.

1601. Findings.

1602. Definitions.

1603. Registration of lobbyists.

(a) Registration.

(b) Contents of registration.

(c) Guidelines for registration.

(d) Termination of registration.

1604. Reports by registered lobbyists.

(a) Semiannual report.

(b) Contents of report.

(c) Estimates of income or expenses.

1605. Disclosure and enforcement.

1606. Penalties.

1607. Rules of construction.

(a) Constitutional rights.

(b) Prohibition of activities.

(c) Audit and investigations.

1608. Severability.

1609. Identification of clients and covered officials.

(a) Oral lobbying contacts.

(b) Written lobbying contacts.

(c) Identification as covered official.

1610. Estimates based on tax reporting system.

(a) Entities covered by section 6033(b) of title 26.

(b) Entities covered by section 162(e) of title 26.

(c) Disclosure of estimate.

(d) Study.

1611. Exempt organizations.

1612. Sense of Senate that lobbying expenses should remain

nondeductible.

(a) Findings.

(b) Sense of Senate.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 18 section 219; title 22

section 613; title 31 section 1352.

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2 USC Sec. 1601 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 26 - DISCLOSURE OF LOBBYING ACTIVITIES

-HEAD-

Sec. 1601. Findings

-STATUTE-

The Congress finds that -

(1) responsible representative Government requires public

awareness of the efforts of paid lobbyists to influence the

public decisionmaking process in both the legislative and

executive branches of the Federal Government;

(2) existing lobbying disclosure statutes 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.

-SOURCE-

(Pub. L. 104-65, Sec. 2, Dec. 19, 1995, 109 Stat. 691.)

-MISC1-

EFFECTIVE DATE

Section 24 of Pub. L. 104-65 provided that:

''(a) Except as otherwise provided in this section, this Act (see

Short Title note below) and the amendments made by this Act shall

take effect on January 1, 1996.

''(b) The repeals and amendments made under sections 9, 10, 11,

and 12 (amending section 4804 of Title 15, Commerce and Trade,

section 219 of Title 18, Crimes and Criminal Procedure, sections

611, 613, 614, 616, 618, and 4002 of Title 22, Foreign Relations

and Intercourse, section 1352 of Title 31, Money and Finance, and

section 1490p of Title 42, The Public Health and Welfare, repealing

sections 261 to 270 of this title and section 3537b of Title 42,

and repealing provisions set out as a note under section 261 of

this title) 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 Act 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.''

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-166, Sec. 1(a), Apr. 6, 1998, 112 Stat. 38, provided

that: ''This Act (amending sections 1602, 1604, and 1610 of this

title and section 613 of Title 22, Foreign Relations and

Intercourse) may be cited as the 'Lobbying Disclosure Technical

Amendments Act of 1998'.''

SHORT TITLE

Section 1 of Pub. L. 104-65 provided that: ''This Act (enacting

this chapter, amending sections 3304 of Title 5, Government

Organization and Employees, section 102 of Pub. L. 95-521, set out

in the Appendix to Title 5, section 4804 of Title 15, Commerce and

Trade, sections 207 and 219 of Title 18, Crimes and Criminal

Procedure, section 2171 of Title 19, Customs Duties, sections 611,

613, 614, 616, 618, 621, and 4002 of Title 22, Foreign Relations

and Intercourse, section 1352 of Title 31, Money and Finance, and

section 1490p of Title 42, The Public Health and Welfare, repealing

sections 261 to 270 of this title and section 3537b of Title 42,

enacting provisions set out as notes under this section, section

3304 of Title 5, section 102 of Pub. L. 95-521, set out in the

Appendix to Title 5, and section 207 of Title 18, and repealing

provisions set out as a note under section 261 of this title) may

be cited as the 'Lobbying Disclosure Act of 1995'.''

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2 USC Sec. 1602 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 26 - DISCLOSURE OF LOBBYING ACTIVITIES

-HEAD-

Sec. 1602. Definitions

-STATUTE-

As used in this chapter:

(1) Agency

The term ''agency'' has the meaning given that term in section

551(1) of title 5.

(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 the

coalition or association and not its individual members.

(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 member of the uniformed services whose pay grade is

at or above O-7 under section 201 of title 37; and

(F) 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)(B)

of title 5.

(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) 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.

(6) 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)).

(7) 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.

(8) 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); 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 distributed and made available 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 an

oral or 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, including any communication

compelled by a Federal contract, grant, loan, permit, or

license;

(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 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 title 26, 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); and

(xix) between -

(I) officials of a self-regulatory organization (as

defined in section 3(a)(26) of the Securities Exchange Act

(15 U.S.C. 78c(a)(26))) that is registered with or

established by the Securities and Exchange Commission as

required by that Act (15 U.S.C. 78a et seq.) or a similar

organization that is designated by or registered with the

Commodities Future Trading Commission as provided under the

Commodity Exchange Act (7 U.S.C. 1 et seq.); and

(II) the Securities and Exchange Commission or the

Commodities Future Trading Commission, respectively;

relating to the regulatory responsibilities of such

organization under that Act.

(9) 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.

(10) 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, other than

an individual whose lobbying activities constitute less than 20

percent of the time engaged in the services provided by such

individual to that client over a six month period.

(11) 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.

(12) Member of Congress

The term ''Member of Congress'' means a Senator or a

Representative in, or Delegate or Resident Commissioner to, the

Congress.

(13) Organization

The term ''organization'' means a person or entity other than

an individual.

(14) 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.

(15) 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 622(8) of this title);

(iii) a public utility that provides gas, electricity,

water, or communications;

(iv) a guaranty agency (as defined in section 1085(j) of

title 20), including any affiliate of such an agency; or

(v) an agency of any State functioning as a student loan

secondary market pursuant to section 1085(d)(1)(F) of title

20;

(B) a Government corporation (as defined in section 9101 of

title 31);

(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 450b(e) of title

25; (FOOTNOTE 1)

(FOOTNOTE 1) So in original. A closing parenthesis probably

should precede the semicolon.

(E) a national or State political party or any organizational

unit thereof; or

(F) a national, regional, or local unit of any foreign

government, or a group of governments acting together as an

international organization.

(16) State

The term ''State'' means each of the several States, the

District of Columbia, and any commonwealth, territory, or

possession of the United States.

-SOURCE-

(Pub. L. 104-65, Sec. 3, Dec. 19, 1995, 109 Stat. 691; Pub. L.

105-166, Sec. 2, 3, Apr. 6, 1998, 112 Stat. 38.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'' meaning Pub. L. 104-65, Dec. 19, 1995, 109 Stat. 691, known

as the Lobbying Disclosure Act of 1995. For complete classification

of this Act to the Code, see Short Title note set out under section

1601 of this title and Tables.

Levels I, II, III, IV, and V of the Executive Schedule, referred

to in par. (3)(D), are set out in sections 5312, 5313, 5314, 5315,

and 5316, respectively, of Title 5, Government Organization and

Employees.

Section 109(13) of the Ethics in Government Act of 1978, referred

to in par. (4)(D), is section 109(13) of Pub. L. 95-521, which is

set out in the Appendix to Title 5.

The Foreign Agents Registration Act of 1938, referred to in par.

(8)(B)(iv), is act June 8, 1938, ch. 327, 52 Stat. 631, as amended,

which is classified generally to subchapter II (Sec. 611 et seq.)

of chapter 11 of Title 22, Foreign Relations and Intercourse. For

complete classification of this Act to the Code, see Short Title

note set out under section 611 of Title 22 and Tables.

The Federal Advisory Committee Act, referred to in par.

(8)(B)(vi), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as

amended, which is set out in the Appendix to Title 5, Government

Organization and Employees.

The Whistleblower Protection Act of 1989, referred to in par.

(8)(B)(xvii), is Pub. L. 101-12, Apr. 10, 1989, 103 Stat. 16, as

amended, which enacted subchapters II (5 U.S.C. 1211 et seq.) and

III (5 U.S.C. 1221 et seq.) of chapter 12 and section 3352 of Title

5, Government Organization and Employees, amended sections 1201 to

1206, 1209, 1211, 2302, 2303, 3393, 7502, 7512, 7521, 7542, 7701,

and 7703 of Title 5 and section 4139 of Title 22, Foreign Relations

and Intercourse, repealed sections 1207 and 1208 of Title 5, and

enacted provisions set out as notes under sections 1201, 1211, and

5509 of Title 5. For complete classification of this Act to the

Code, see Short Title of 1989 Amendment note set out under section

1201 of Title 5 and Tables.

The Inspector General Act of 1978, referred to in par.

(8)(B)(xvii), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as

amended, which is set out in the Appendix to Title 5.

The Securities Exchange Act, referred to in par. (8)(B)(xix),

probably means the Securities Exchange Act of 1934, act June 6,

1934, ch. 404, 48 Stat. 881, as amended, which is classified

generally to chapter 2B (Sec. 78a et seq.) of Title 15, Commerce

and Trade. For complete classification of this Act to the Code, see

section 78a of Title 15 and Tables.

The Commodity Exchange Act, referred to in par. (8)(B)(xix), is

act Sept. 21, 1922, ch. 369, 42 Stat. 998, as amended, which is

classified generally to chapter 1 (Sec. 1 et seq.) of Title 7,

Agriculture. For complete classification of this Act to the Code,

see section 1 of Title 7 and Tables.

-MISC2-

AMENDMENTS

1998 - Par. (3)(F). Pub. L. 105-166, Sec. 2, substituted

''7511(b)(2)(B)'' for ''7511(b)(2)''.

Par. (8)(B)(ix). Pub. L. 105-166, Sec. 3(a), inserted before

semicolon at end '', including any communication compelled by a

Federal contract, grant, loan, permit, or license''.

Par. (15)(F). Pub. L. 105-166, Sec. 3(b), inserted before period

at end '', or a group of governments acting together as an

international organization''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1610 of this title; title

15 section 4804; title 18 section 219; title 22 section 4002.

-CITE-

2 USC Sec. 1603 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 26 - DISCLOSURE OF LOBBYING ACTIVITIES

-HEAD-

Sec. 1603. Registration of lobbyists

-STATUTE-

(a) Registration

(1) General rule

No later than 45 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 Secretary of the Senate and the Clerk of the

House of Representatives.

(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 $5,000;

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 $20,000,

(as estimated under section 1604 of this title) in the

semiannual period described in section 1604(a) of this title

during which the registration would be made is not required to

register under this subsection 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

December 19, 1995; 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 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 $10,000 toward the lobbying

activities of the registrant in a semiannual period described

in section 1604(a) of this title; and

(B) in whole or in major part plans, supervises, or controls

such lobbying activities.

(4) the name, address, principal place of business, amount of

any contribution of more than $10,000 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) 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

(6) 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 December 19, 1995) 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 Secretary of the Senate and the Clerk of the

House of Representatives and terminate its registration.

-SOURCE-

(Pub. L. 104-65, Sec. 4, Dec. 19, 1995, 109 Stat. 696.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1604, 1609, 1610 of this

title.

-CITE-

2 USC Sec. 1604 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 26 - DISCLOSURE OF LOBBYING ACTIVITIES

-HEAD-

Sec. 1604. Reports by registered lobbyists

-STATUTE-

(a) Semiannual report

No later than 45 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

1603 of this title, each registrant shall file a report with the

Secretary of the Senate and the Clerk of the House of

Representatives on its lobbying activities during such semiannual

period. A separate report shall be filed for each client of the

registrant.

(b) Contents of report

Each semiannual report filed under subsection (a) of this section

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 executive branch actions;

(B) a statement of the Houses 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; and

(D) a description of the interest, if any, of any foreign

entity identified under section 1603(b)(4) of this title in the

specific issues listed under subparagraph (A);

(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; and

(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.

(c) Estimates of income or expenses

For purposes of this section, estimates of income or expenses

shall be made as follows:

(1) Estimates of amounts in excess of $10,000 shall be rounded

to the nearest $20,000.

(2) In the event income or expenses do not exceed $10,000, the

registrant shall include a statement that income or expenses

totaled less than $10,000 for the reporting period.

-SOURCE-

(Pub. L. 104-65, Sec. 5, Dec. 19, 1995, 109 Stat. 697; Pub. L.

105-166, Sec. 4(c), Apr. 6, 1998, 112 Stat. 39.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c)(3). Pub. L. 105-166 struck out par. (3) which

read as follows: ''A registrant that reports lobbying expenditures

pursuant to section 6033(b)(8) of title 26 may satisfy the

requirement to report income or expenses by filing with the

Secretary of the Senate and the Clerk of the House of

Representatives a copy of the form filed in accordance with section

6033(b)(8).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1602, 1603, 1610 of this

title.

-CITE-

2 USC Sec. 1605 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 26 - DISCLOSURE OF LOBBYING ACTIVITIES

-HEAD-

Sec. 1605. Disclosure and enforcement

-STATUTE-

The Secretary of the Senate and the Clerk of the House of

Representatives shall -

(1) provide guidance and assistance on the registration and

reporting requirements of this chapter and develop common

standards, rules, and procedures for compliance with this

chapter;

(2) review, and, where necessary, verify and inquire to ensure

the accuracy, completeness, and timeliness of registration and

reports;

(3) develop filing, coding, and cross-indexing systems to carry

out the purpose of this chapter, including -

(A) a publicly available list of all registered lobbyists,

lobbying firms, and their clients; and

(B) computerized systems designed to minimize the burden of

filing and maximize public access to materials filed under this

chapter;

(4) make available for public inspection and copying at

reasonable times the registrations and reports filed under this

chapter;

(5) retain registrations for a period of at least 6 years after

they are terminated and reports for a period of at least 6 years

after they are filed;

(6) compile and summarize, with respect to each semiannual

period, the information contained in registrations and reports

filed with respect to such period in a clear and complete manner;

(7) notify any lobbyist or lobbying firm in writing that may be

in noncompliance with this chapter; and

(8) notify the United States Attorney for the District of

Columbia that a lobbyist or lobbying firm may be in noncompliance

with this chapter, if the registrant has been notified in writing

and has failed to provide an appropriate response within 60 days

after notice was given under paragraph (7).

-SOURCE-

(Pub. L. 104-65, Sec. 6, Dec. 19, 1995, 109 Stat. 698.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in pars. (1), (3), (4), (7), and (8),

was in the original ''this Act'' meaning Pub. L. 104-65, Dec. 19,

1995, 109 Stat. 691, known as the Lobbying Disclosure Act of 1995.

For complete classification of this Act to the Code, see Short

Title note set out under section 1601 of this title and Tables.

-CITE-

2 USC Sec. 1606 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 26 - DISCLOSURE OF LOBBYING ACTIVITIES

-HEAD-

Sec. 1606. Penalties

-STATUTE-

Whoever knowingly fails to -

(1) remedy a defective filing within 60 days after notice of

such a defect by the Secretary of the Senate or the Clerk of the

House of Representatives; or

(2) comply with any other provision of this chapter;

shall, upon proof of such knowing violation by a preponderance of

the evidence, be subject to a civil fine of not more than $50,000,

depending on the extent and gravity of the violation.

-SOURCE-

(Pub. L. 104-65, Sec. 7, Dec. 19, 1995, 109 Stat. 699.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in par. (2), was in the original ''this

Act'' meaning Pub. L. 104-65, Dec. 19, 1995, 109 Stat. 691, known

as the Lobbying Disclosure Act of 1995. For complete classification

of this Act to the Code, see Short Title note set out under section

1601 of this title and Tables.

-CITE-

2 USC Sec. 1607 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 26 - DISCLOSURE OF LOBBYING ACTIVITIES

-HEAD-

Sec. 1607. Rules of construction

-STATUTE-

(a) Constitutional rights

Nothing in this chapter 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 chapter shall be construed to prohibit, or to

authorize 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 chapter.

(c) Audit and investigations

Nothing in this chapter shall be construed to grant general audit

or investigative authority to the Secretary of the Senate or the

Clerk of the House of Representatives.

-SOURCE-

(Pub. L. 104-65, Sec. 8, Dec. 19, 1995, 109 Stat. 699.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'' meaning Pub. L. 104-65, Dec. 19, 1995, 109 Stat. 691, known

as the Lobbying Disclosure Act of 1995. For complete classification

of this Act to the Code, see Short Title note set out under section

1601 of this title and Tables.

-CITE-

2 USC Sec. 1608 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 26 - DISCLOSURE OF LOBBYING ACTIVITIES

-HEAD-

Sec. 1608. Severability

-STATUTE-

If any provision of this chapter, or the application thereof, is

held invalid, the validity of the remainder of this chapter and the

application of such provision to other persons and circumstances

shall not be affected thereby.

-SOURCE-

(Pub. L. 104-65, Sec. 13, Dec. 19, 1995, 109 Stat. 701.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'' meaning Pub. L. 104-65, Dec. 19, 1995, 109 Stat. 691, known

as the Lobbying Disclosure Act of 1995. For complete classification

of this Act to the Code, see Short Title note set out under section

1601 of this title and Tables.

-CITE-

2 USC Sec. 1609 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 26 - DISCLOSURE OF LOBBYING ACTIVITIES

-HEAD-

Sec. 1609. Identification of clients and covered officials

-STATUTE-

(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

chapter 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

1603(b)(4) of this title that has a direct interest in the

outcome of the lobbying activity.

(b) Written lobbying contacts

Any person or entity registered under this chapter 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 chapter, and state

whether the person making the lobbying contact is registered on

behalf of that client under section 1603 of this title; and

(2) identify any other foreign entity identified pursuant to

section 1603(b)(4) of this title 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.

-SOURCE-

(Pub. L. 104-65, Sec. 14, Dec. 19, 1995, 109 Stat. 702.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a)(1) and (b), was in the

original ''this Act'' meaning Pub. L. 104-65, Dec. 19, 1995, 109

Stat. 691, known as the Lobbying Disclosure Act of 1995. For

complete classification of this Act to the Code, see Short Title

note set out under section 1601 of this title and Tables.

-CITE-

2 USC Sec. 1610 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 26 - DISCLOSURE OF LOBBYING ACTIVITIES

-HEAD-

Sec. 1610. Estimates based on tax reporting system

-STATUTE-

(a) Entities covered by section 6033(b) of title 26

A person, other than a lobbying firm, that is required to report

and does report lobbying expenditures pursuant to section

6033(b)(8) of title 26 may -

(1) make a good faith estimate (by category of dollar value) of

applicable amounts that would be required to be disclosed under

such section for the appropriate semiannual period to meet the

requirements of sections 1603(a)(3) and 1604(b)(4) of this title;

and

(2) for all other purposes consider as lobbying contacts and

lobbying activities only -

(A) lobbying contacts with covered legislative branch

officials (as defined in section 1602(4) of this title) and

lobbying activities in support of such contacts; and

(B) lobbying of Federal executive branch officials to the

extent that such activities are influencing legislation as

defined in section 4911(d) of title 26.

(b) Entities covered by section 162(e) of title 26

A person, other than a lobbying firm, who is required to account

and does account for lobbying expenditures pursuant to section

162(e) of title 26 may -

(1) make a good faith estimate (by category of dollar value) of

applicable amounts that would not be deductible pursuant to such

section for the appropriate semiannual period to meet the

requirements of sections 1603(a)(3) and 1604(b)(4) of this title;

and

(2) for all other purposes consider as lobbying contacts and

lobbying activities only -

(A) lobbying contacts with covered legislative branch

officials (as defined in section 1602(4) of this title) and

lobbying activities in support of such contacts; and

(B) lobbying of Federal executive branch officials to the

extent that amounts paid or costs incurred in connection with

such activities are not deductible pursuant to section 162(e)

of title 26.

(c) Disclosure of estimate

Any registrant that elects to make estimates required by this

chapter under the procedures authorized by subsection (a) or (b) of

this section for reporting or threshold purposes shall -

(1) inform the Secretary of the Senate and the Clerk of the

House of Representatives that the registrant has elected to make

its estimates under such procedures; and

(2) make all such estimates, in a given calendar year, under

such procedures.

(d) Study

Not later than March 31, 1997, the Comptroller General of the

United States shall review reporting by registrants under

subsections (a) and (b) of this section and report to the Congress

-

(1) the differences between the definition of ''lobbying

activities'' in section 1602(7) of this title and the definitions

of ''lobbying expenditures'', ''influencing legislation'', and

related terms in sections 162(e) and 4911 of title 26, as each

are implemented by regulations;

(2) the impact that any such differences may have on filing and

reporting under this chapter pursuant to this subsection; and

(3) any changes to this chapter or to the appropriate sections

of title 26 that the Comptroller General may recommend to

harmonize the definitions.

-SOURCE-

(Pub. L. 104-65, Sec. 15, Dec. 19, 1995, 109 Stat. 702; Pub. L.

105-166, Sec. 4(a), (b), Apr. 6, 1998, 112 Stat. 38.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (c) and (d)(2), (3), was in

the original ''this Act'' meaning Pub. L. 104-65, Dec. 19, 1995,

109 Stat. 691, known as the Lobbying Disclosure Act of 1995. For

complete classification of this Act to the Code, see Short Title

note set out under section 1601 of this title and Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-166, Sec. 4(a)(1), in

introductory provisions, substituted ''A person, other than a

lobbying firm,'' for ''A registrant''.

Subsec. (a)(2). Pub. L. 105-166, Sec. 4(a)(2), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''in lieu

of using the definition of 'lobbying activities' in section 1602(7)

of this title, consider as lobbying activities only those

activities that are influencing legislation as defined in section

4911(d) of title 26.''

Subsec. (b). Pub. L. 105-166, Sec. 4(b)(1), in introductory

provisions, substituted ''A person, other than a lobbying firm, who

is required to account and does account for lobbying expenditures

pursuant to'' for ''A registrant that is subject to''.

Subsec. (b)(2). Pub. L. 105-166, Sec. 4(b)(2), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''in lieu

of using the definition of 'lobbying activities' in section 1602(7)

of this title, consider as lobbying activities only those

activities, the costs of which are not deductible pursuant to

section 162(e) of title 26.''

-CITE-

2 USC Sec. 1611 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 26 - DISCLOSURE OF LOBBYING ACTIVITIES

-HEAD-

Sec. 1611. Exempt organizations

-STATUTE-

An organization described in section 501(c)(4) of title 26 which

engages in lobbying activities shall not be eligible for the

receipt of Federal funds constituting an award, grant, or loan.

-SOURCE-

(Pub. L. 104-65, Sec. 18, Dec. 19, 1995, 109 Stat. 703; Pub. L.

104-99, title I, Sec. 129(a), Jan. 26, 1996, 110 Stat. 34.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-99 substituted ''award, grant, or loan'' for

''award, grant, contract, loan, or any other form''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 129(b) of Pub. L. 104-99 provided that: ''The amendment

made by subsection (a) (amending this section) shall take effect as

if included in the Lobbying Disclosure Act of 1995 (Pub. L. 104-65)

on the date of the enactment of such Act (Dec. 19, 1995).''

(For provision that notwithstanding section 106 of Pub. L. 104-99

(110 Stat. 27), section 129 of Pub. L. 104-99 (see above) to remain

in effect as if enacted as part of Pub. L. 104-134, see section

21103 of Pub. L. 104-134, set out as a note following note

captioned 501 First Street SE., District of Columbia; Disposal of

Real Property, under section 2001 of this title).

-CITE-

2 USC Sec. 1612 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 26 - DISCLOSURE OF LOBBYING ACTIVITIES

-HEAD-

Sec. 1612. Sense of Senate that lobbying expenses should remain

nondeductible

-STATUTE-

(a) Findings

The Senate finds that ordinary Americans generally are not

allowed to deduct the costs of communicating with their elected

representatives.

(b) Sense of Senate

It is the sense of the Senate that lobbying expenses should not

be tax deductible.

-SOURCE-

(Pub. L. 104-65, Sec. 23, Dec. 19, 1995, 109 Stat. 705.)

-CITE-