2 U.S.C. § 1601 — Findings

Page 363 TITLE 2—THE CONGRESS § 1602 Sec. 1614. Annual audits and reports by Comptroller General. § 1601. Findings The Congress finds that— (1) responsible representative Government requires public awareness of the efforts of paid lobbyists to influence the public decision- making process in both the legislative and ex- ecutive branches of the Federal Government; (2) existing lobbying disclosure statutes have been ineffective because of unclear statu- tory language, weak administrative and en- forcement 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 iden- tity and extent of the efforts of paid lobbyists to influence Federal officials in the conduct of Government actions will increase public con- fidence in the integrity of Government. (Pub. L. 104–65, § 2, Dec. 19, 1995, 109 Stat. 691.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–65, § 24, Dec. 19, 1995, 109 Stat. 705, 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 sec- tions 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, repeal- ing 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 pro- vided under subsection (a), except that such repeals and amendments— ‘‘(1) shall not affect any proceeding or suit com- menced 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 re- peals and amendments.’’ SHORT TITLE OF 2019 AMENDMENT Pub. L. 115–418, § 1, Jan. 3, 2019, 132 Stat. 5440, provided that: ‘‘This Act [amending sections 1603 and 1604 of this title] may be cited as the ‘Justice Against Corruption on K Street Act of 2018’ or the ‘JACK Act’.’’ SHORT TITLE OF 2007 AMENDMENT Pub. L. 110–81, § 1(a), Sept. 14, 2007, 121 Stat. 735, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Honest Leadership and Open Gov- ernment Act of 2007’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–166, § 1(a), Apr. 6, 1998, 112 Stat. 38, pro- vided that: ‘‘This Act [amending sections 1602, 1604, and 1610 of this title and section 613 of Title 22, Foreign Re- lations and Intercourse] may be cited as the ‘Lobbying Disclosure Technical Amendments Act of 1998’.’’ SHORT TITLE Pub. L. 104–65, § 1, Dec. 19, 1995, 109 Stat. 691, provided that: ‘‘This Act [enacting this chapter, amending sec- tions 3304 of Title 5, Government Organization and Em- ployees, section 102 of Pub. L. 95–521, set out in the Ap- pendix 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 sec- tion, 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 ‘Lob- bying Disclosure Act of 1995’.’’ CONSTRUCTION OF 2007 AMENDMENT Pub. L. 110–81, title VII, § 703, Sept. 14, 2007, 121 Stat. 776, provided that: ‘‘Nothing in this Act [see Tables for classification] or the amendments made by this Act shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the free speech, free exercise, or free asso- ciation clauses of, the First Amendment to the Con- stitution.’’ § 1602. Definitions 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 enti- ty 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 cli- ent 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 asso- ciation and not its individual members. (3) Covered executive branch official The term ‘‘covered executive branch offi- cial’’ 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 Execu- tive Office of the President; (D) any officer or employee serving in a position in level I, II, III, IV, or V of the Ex- ecutive 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 po- sition of a confidential, policy-determining, policy-making, or policy-advocating char- acter described in section 7511(b)(2)(B) of title 5. (4) Covered legislative branch official The term ‘‘covered legislative branch offi- cial’’ means— (A) a Member of Congress; (B) an elected officer of either House of Congress;