2 U.S.C. § 1609 — Identification of clients and covered offi-

Page 371 TITLE 2—THE CONGRESS § 1609 Editorial Notes 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. AMENDMENTS 2007—Pub. L. 110–81 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘$200,000’’ for ‘‘$50,000’’ in concluding provisions, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–81, title II, § 211(b), Sept. 14, 2007, 121 Stat. 749, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply to any violation committed on or after the date of the enact- ment of this Act [Sept. 14, 2007].’’ 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. § 1607. Rules of construction (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 Con- stitution. (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 per- son or entity is in compliance with the require- ments 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. (Pub. L. 104–65, § 8, Dec. 19, 1995, 109 Stat. 699.) Editorial Notes 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. Statutory Notes and Related Subsidiaries 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. § 1608. Severability If any provision of this chapter, or the applica- tion thereof, is held invalid, the validity of the remainder of this chapter and the application of such provision to other persons and cir- cumstances shall not be affected thereby. (Pub. L. 104–65, § 13, Dec. 19, 1995, 109 Stat. 701.) Editorial Notes 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. Statutory Notes and Related Subsidiaries 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. § 1609. Identification of clients and covered offi- cials (a) Oral lobbying contacts Any person or entity that makes an oral lob- bying 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 reg- istered under this chapter and identify the cli- ent on whose behalf the lobbying contact is made; and (2) state whether such client is a foreign en- tity 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 con- tact is registered on behalf of that client under section 1603 of this title; and (2) identify any other foreign entity identi- fied 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 con- tacted 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. (Pub. L. 104–65, § 14, Dec. 19, 1995, 109 Stat. 702.) Editorial Notes 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. Page 372 TITLE 2—THE CONGRESS § 1610 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. Statutory Notes and Related Subsidiaries 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. § 1610. Estimates based on tax reporting system (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 ex- penditures 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 quarterly 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 lob- bying contacts and lobbying activities only— (A) lobbying contacts with covered legisla- tive 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 sec- tion 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 lob- bying 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 sec- tion for the appropriate quarterly 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 lob- bying contacts and lobbying activities only— (A) lobbying contacts with covered legisla- tive 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 ac- tivities are not deductible pursuant to sec- tion 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) 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 esti- mates under such procedures; and (2) make all such estimates, in a given cal- endar year, under such procedures. (d) Study Not later than March 31, 1997, the Comptroller General of the United States shall review re- porting by registrants under subsections (a) and (b) 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 expendi- tures’’, ‘‘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 ap- propriate sections of title 26 that the Comp- troller General may recommend to harmonize the definitions. (Pub. L. 104–65, § 15, Dec. 19, 1995, 109 Stat. 702; Pub. L. 105–166, § 4(a), (b), Apr. 6, 1998, 112 Stat. 38; Pub. L. 110–81, title II, § 201(b)(4), Sept. 14, 2007, 121 Stat. 742.) Editorial Notes 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 Dis- closure Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1601 of this title and Tables. AMENDMENTS 2007—Subsecs. (a)(1), (b)(1). Pub. L. 110–81 substituted ‘‘quarterly period’’ for ‘‘semiannual period’’. 1998—Subsec. (a). Pub. L. 105–166, § 4(a)(1), in introduc- tory provisions, substituted ‘‘A person, other than a lobbying firm,’’ for ‘‘A registrant’’. Subsec. (a)(2). Pub. L. 105–166, § 4(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘in lieu of using the definition of ‘lobbying ac- tivities’ in section 1602(7) of this title, consider as lob- bying activities only those activities that are influ- encing legislation as defined in section 4911(d) of title 26.’’ Subsec. (b). Pub. L. 105–166, § 4(b)(1), in introductory provisions, substituted ‘‘A person, other than a lob- bying firm, who is required to account and does ac- count for lobbying expenditures pursuant to’’ for ‘‘A registrant that is subject to’’. Subsec. (b)(2). Pub. L. 105–166, § 4(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘in lieu of using the definition of ‘lobbying ac- tivities’ in section 1602(7) of this title, consider as lob- bying activities only those activities, the costs of which are not deductible pursuant to section 162(e) of title 26.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT 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. § 1611. Exempt organizations An organization described in section 501(c)(4) of title 26 which engages in lobbying activities