2 U.S.C. § 1604 — Reports by registered lobbyists

Page 368 TITLE 2—THE CONGRESS § 1604 section 215 of Pub. L. 110–81, set out as a note under sec- tion 30104 of Title 52, Voting and Elections. EFFECTIVE DATE Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this title. § 1604. Reports by registered lobbyists (a) Quarterly report No later than 20 days after the end of the quar- terly period beginning on the first day of Janu- ary, April, July, and October of each year in which a registrant is registered under section 1603 of this title, or on the first business day after such 20th day if the 20th day is not a busi- ness day, each registrant shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives on its lobbying activi- ties during such quarterly period. A separate re- port shall be filed for each client of the reg- istrant. (b) Contents of report Each quarterly report filed under subsection (a) 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 registra- tion, including information under section 1603(b)(3) of this title; (2) for each general issue area in which the registrant engaged in lobbying activities on behalf of the client during the quarterly pe- riod— (A) a list of the specific issues upon which a lobbyist employed by the registrant en- gaged in lobbying activities, including, to the maximum extent practicable, a list of bill numbers and references to specific exec- utive branch actions; (B) a statement of the Houses of Congress and the Federal agencies contacted by lob- byists employed by the registrant on behalf of the client; (C) a list of the employees of the reg- istrant 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 in- come from the client (including any payments to the registrant by any other person for lob- bying activities on behalf of the client) during the quarterly period, other than income for matters that are unrelated to lobbying activi- ties; (4) in the case of a registrant engaged in lob- bying activities on its own behalf, a good faith estimate of the total expenses that the reg- istrant and its employees incurred in connec- tion with lobbying activities during the quar- terly period; (5) for each client, immediately after listing the client, an identification of whether the cli- ent is a State or local government or a depart- ment, agency, special purpose district, or other instrumentality controlled by one or more State or local governments; and (6) for any listed lobbyist who was convicted in a Federal or State court of an offense in- volving bribery, extortion, embezzlement, an illegal kickback, tax evasion, fraud, a conflict of interest, making a false statement, perjury, or money laundering, the date of the convic- tion and a description of the offense. (c) Estimates of income or expenses For purposes of this section, estimates of in- come or expenses shall be made as follows: (1) Estimates of amounts in excess of $5,000 shall be rounded to the nearest $10,000. (2) In the event income or expenses do not exceed $5,000, the registrant shall include a statement that income or expenses totaled less than $5,000 for the reporting period. (d) Semiannual reports on certain contributions (1) In general Not later than 30 days after the end of the semiannual period beginning on the first day of January and July of each year, or on the first business day after such 30th day if the 30th day is not a business day, each person or organization who is registered or is required to register under paragraph (1) or (2) of section 1603(a) of this title, and each employee who is or is required to be listed as a lobbyist under section 1603(b)(6) of this title or subsection (b)(2)(C) of this section, shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives containing— (A) the name of the person or organization; (B) in the case of an employee, his or her employer; (C) the names of all political committees established or controlled by the person or organization; (D) the name of each Federal candidate or officeholder, leadership PAC, or political party committee, to whom aggregate con- tributions equal to or exceeding $200 were made by the person or organization, or a po- litical committee established or controlled by the person or organization within the semiannual period, and the date and amount of each such contribution made within the semiannual period; (E) the date, recipient, and amount of funds contributed or disbursed during the semiannual period by the person or organi- zation or a political committee established or controlled by the person or organization— (i) to pay the cost of an event to honor or recognize a covered legislative branch official or covered executive branch offi- cial; (ii) to an entity that is named for a cov- ered legislative branch official, or to a per- son or entity in recognition of such offi- cial; (iii) to an entity established, financed, maintained, or controlled by a covered leg- islative branch official or covered execu- tive branch official, or an entity des- ignated by such official; or (iv) to pay the costs of a meeting, re- treat, conference, or other similar event held by, or in the name of, 1 or more cov- ered legislative branch officials or covered executive branch officials, Page 369 TITLE 2—THE CONGRESS § 1605 except that this subparagraph shall not apply if the funds are provided to a person who is required to report the receipt of the funds under section 30104 of title 52; (F) the name of each Presidential library foundation, and each Presidential inaugural committee, to whom contributions equal to or exceeding $200 were made by the person or organization, or a political committee estab- lished or controlled by the person or organi- zation, within the semiannual period, and the date and amount of each such contribu- tion within the semiannual period; and (G) a certification by the person or organi- zation filing the report that the person or organization— (i) has read and is familiar with those provisions of the Standing Rules of the Senate and the Rules of the House of Rep- resentatives relating to the provision of gifts and travel; and (ii) has not provided, requested, or di- rected a gift, including travel, to a Mem- ber of Congress or an officer or employee of either House of Congress with knowl- edge that receipt of the gift would violate rule XXXV of the Standing Rules of the Senate or rule XXV of the Rules of the House of Representatives. (2) Definition In this subsection, the term ‘‘leadership PAC’’ has the meaning given such term in sec- tion 30104(i)(8)(B) of title 52. (e) Electronic filing required A report required to be filed under this section shall be filed in electronic form, in addition to any other form that the Secretary of the Senate or the Clerk of the House of Representatives may require or allow. The Secretary of the Sen- ate and the Clerk of the House of Representa- tives shall use the same electronic software for receipt and recording of filings under this chap- ter. (Pub. L. 104–65, § 5, Dec. 19, 1995, 109 Stat. 697; Pub. L. 105–166, § 4(c), Apr. 6, 1998, 112 Stat. 39; Pub. L. 110–81, title II, §§ 201(a), (b)(6), 202, 203(a), 205, 207(a)(2), Sept. 14, 2007, 121 Stat. 741, 742, 746, 747; Pub. L. 115–418, § 2(b), Jan. 3, 2019, 132 Stat. 5440.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (e), 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. AMENDMENTS 2019—Subsec. (b)(6). Pub. L. 115–418 added par. (6). 2007—Subsec. (a). Pub. L. 110–81, § 201(a)(1), sub- stituted, in heading, ‘‘Quarterly’’ for ‘‘Semiannual’’ and, in text, ‘‘20 days after the end of the quarterly pe- riod beginning on the first day of January, April, July, and October of each year in which a registrant is reg- istered under section 1603 of this title, or on the first business day after such 20th day if the 20th day is not a business day,’’ for ‘‘45 days after the end of the semi- annual period beginning on the first day of each Janu- ary and the first day of July of each year in which a registrant is registered under section 1603 of this title,’’ and ‘‘such quarterly period’’ for ‘‘such semiannual pe- riod’’. Subsec. (b). Pub. L. 110–81, § 201(a)(2)(A), substituted ‘‘quarterly report’’ for ‘‘semiannual report’’ in intro- ductory provisions. Subsec. (b)(1). Pub. L. 110–81, § 207(a)(2), inserted ‘‘, including information under section 1603(b)(3) of this title’’ before semicolon. Subsec. (b)(2). Pub. L. 110–81, § 201(a)(2)(B), substituted ‘‘quarterly period’’ for ‘‘semiannual filing period’’ in introductory provisions. Subsec. (b)(3). Pub. L. 110–81, § 201(a)(2)(C), substituted ‘‘quarterly period’’ for ‘‘semiannual period’’. Subsec. (b)(4). Pub. L. 110–81, § 201(a)(2)(D), sub- stituted ‘‘quarterly period’’ for ‘‘semiannual filing pe- riod’’. Subsec. (b)(5). Pub. L. 110–81, § 202, added par. (5). Subsec. (c)(1). Pub. L. 110–81, § 201(b)(6)(A), substituted ‘‘$5,000’’ for ‘‘$10,000’’ and ‘‘$10,000’’ for ‘‘$20,000’’. Subsec. (c)(2). Pub. L. 110–81, § 201(b)(6)(B), substituted ‘‘$5,000’’ for ‘‘$10,000’’ in two places. Subsec. (d). Pub. L. 110–81, § 203(a), added subsec. (d). Subsec. (e). Pub. L. 110–81, § 205, added subsec. (e). 1998—Subsec. (c)(3). Pub. L. 105–166 struck out par. (3) which read as follows: ‘‘A registrant that reports lob- bying 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).’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–81, title II, § 203(b), Sept. 14, 2007, 121 Stat. 744, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to the first semiannual period described in sec- tion 5(d)(1) of the Lobbying Disclosure Act of 1995 [2 U.S.C. 1604(d)(1)] (as added by this section) that begins after the date of the enactment of this Act [Sept. 14, 2007] and each succeeding semiannual period.’’ Except as otherwise provided, amendment by Pub. L. 110–81 applicable with respect to registrations under the Lobbying Disclosure Act of 1995 (this chapter) hav- ing an effective date of Jan. 1, 2008, or later and with respect to quarterly reports under that Act covering calendar quarters beginning on or after Jan. 1, 2008, see section 215 of Pub. L. 110–81, set out as a note under sec- tion 30104 of Title 52, Voting and Elections. EFFECTIVE DATE Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this title. § 1605. Disclosure and enforcement (a) In general 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 chap- ter, including— (A) a publicly available list of all reg- istered lobbyists, lobbying firms, and their clients; and (B) computerized systems designed to min- imize the burden of filing and maximize pub-