2 U.S.C. § 1603 — Registration of lobbyists

Page 366 TITLE 2—THE CONGRESS § 1603 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, Gov- ernment Organization and Employees. The Foreign Agents Registration Act of 1938, referred to in par. (8)(B)(iv), is act June 8, 1938, ch. 327, 52 Stat. 631, which is classified generally to subchapter II (§ 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 Whistleblower Protection Act of 1989, referred to in par. (8)(B)(xvii), is Pub. L. 101–12, Apr. 10, 1989, 103 Stat. 16, which enacted subchapters II [5 U.S.C. 1211 et seq.] and III [5 U.S.C. 1221 et seq.] of chapter 12 and sec- tion 3352 of Title 5, Government Organization and Em- ployees, 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7502, 7512, 7521, 7542, 7701, and 7703 of Title 5 and section 4139 of Title 22, Foreign Relations and Intercourse, repealed sections 1207 and 1208 of Title 5, and enacted provisions set out as notes under sections 1201, 1211, and 5509 of Title 5.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 classifica- tion of this Act to the Code, see Short Title of 1989 Amendment note set out under section 1201 of Title 5 and Tables. 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, which is classified principally to chapter 2B (§ 78a et seq.) of Title 15, Commerce and Trade. For complete classifica- tion 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, which is classified generally to chapter 1 (§ 1 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1 of Title 7 and Tables. AMENDMENTS 2022—Par. (4)(D). Pub. L. 117–286, § 4(c)(3), substituted ‘‘section 13101(13) of title 5.’’ for ‘‘section 109(13) of the Ethics in Government Act of 1978 (5 U.S.C. App.).’’ Par. (8)(B)(vi). Pub. L. 117–286, § 4(a)(2), substituted ‘‘chapter 10 of title 5;’’ for ‘‘the Federal Advisory Com- mittee Act;’’. Par. (8)(B)(xvii). Pub. L. 117–286, § 4(b)(2), substituted ‘‘chapter 4 of title 5,’’ for ‘‘the Inspector General Act of 1978,’’. 2007—Par. (10). Pub. L. 110–81 substituted ‘‘3-month period’’ for ‘‘six month period’’. 1998—Par. (3)(F). Pub. L. 105–166, § 2, substituted ‘‘7511(b)(2)(B)’’ for ‘‘7511(b)(2)’’. Par. (8)(B)(ix). Pub. L. 105–166, § 3(a), inserted before semicolon at end ‘‘, including any communication com- pelled by a Federal contract, grant, loan, permit, or li- cense’’. Par. (15)(F). Pub. L. 105–166, § 3(b), inserted before pe- riod at end ‘‘, or a group of governments acting to- gether as an international organization’’. 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. § 1603. Registration of lobbyists (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, which- ever is earlier, or on the first business day after such 45th day if the 45th day is not a business day, such lobbyist (or, as provided under paragraph (2), the organization employ- ing such lobbyist), shall register with the Sec- retary of the Senate and the Clerk of the House of Representatives. (2) Employer filing Any organization that has 1 or more employ- ees who are lobbyists shall file a single reg- istration 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 par- ticular client (in the case of a lobbying firm) does not exceed and is not expected to exceed $2,500; or (ii) total expenses in connection with lobbying activities (in the case of an orga- nization whose employees engage in lob- bying activities on its own behalf) do not exceed or are not expected to exceed $10,000, (as estimated under section 1604 of this title) in the quarterly period described in section 1604(a) of this title during which the reg- istration 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 deter- mined by the Secretary of Labor) since De- cember 19, 1995; and (ii) on January 1 of each fourth year oc- curring 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 con- tain— (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 gen- eral 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— Page 367 TITLE 2—THE CONGRESS § 1603 (A) contributes more than $5,000 to the registrant or the client in the quarterly pe- riod to fund the lobbying activities of the registrant; and (B) actively participates in the planning, supervision, or control of such lobbying ac- tivities; (4) the name, address, principal place of busi- ness, amount of any contribution of more than $5,000 to the lobbying activities of the reg- istrant, and approximate percentage of equi- table ownership in the client (if any) of any foreign entity that— (A) holds at least 20 percent equitable own- ership in the client or any organization iden- tified under paragraph (3); (B) directly or indirectly, in whole or in major part, plans, supervises, controls, di- rects, 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 orga- nization 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 ac- tivities on behalf of the client; and (B) to the extent practicable, specific issues that have (as of the date of the reg- istration) already been addressed or are like- ly to be addressed in lobbying activities; (6) the name of each employee of the reg- istrant 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 cov- ered legislative branch official in the 20 years before the date on which the employee first acted as a lobbyist on behalf of the client, the position in which such employee served; and (7) 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. No disclosure is required under paragraph (3)(B) if the organization that would be identified as affiliated with the client is listed on the client’s publicly accessible Internet website as being a member of or contributor to the client, unless the organization in whole or in major part plans, supervises, or controls such lobbying activities. If a registrant relies upon the preceding sen- tence, the registrant must disclose the specific Internet address of the web page containing the information relied upon. Nothing in paragraph (3)(B) shall be construed to require the disclo- sure of any information about individuals who are members of, or donors to, an entity treated as a client by this chapter or an organization identified under that paragraph. (c) Guidelines for registration (1) Multiple clients In the case of a registrant making lobbying contacts on behalf of more than 1 client, a sep- arate registration under this section shall be filed for each such client. (2) Multiple contacts A registrant who makes more than 1 lob- bying 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 lob- bying activities for such client, may so notify the Secretary of the Senate and the Clerk of the House of Representatives and terminate its registration. (Pub. L. 104–65, § 4, Dec. 19, 1995, 109 Stat. 696; Pub. L. 110–81, title II, §§ 201(b)(2), (5), 207(a)(1), (b), 208, Sept. 14, 2007, 121 Stat. 742, 747, 748; Pub. L. 115–418, § 2(a), Jan. 3, 2019, 132 Stat. 5440.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (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. AMENDMENTS 2019—Subsec. (b)(7). Pub. L. 115–418 added par. (7). 2007—Subsec. (a)(1). Pub. L. 110–81, § 201(b)(2)(A), in- serted ‘‘or on the first business day after such 45th day if the 45th day is not a business day,’’ after ‘‘earlier,’’. Subsec. (a)(3)(A). Pub. L. 110–81, § 201(b)(2)(B), sub- stituted ‘‘quarterly period’’ for ‘‘semiannual period’’ in concluding provisions. Subsec. (a)(3)(A)(i). Pub. L. 110–81, § 201(b)(5)(A), sub- stituted ‘‘$2,500’’ for ‘‘$5,000’’. Subsec. (a)(3)(A)(ii). Pub. L. 110–81, § 201(b)(5)(B), sub- stituted ‘‘$10,000’’ for ‘‘$20,000’’. Subsec. (b). Pub. L. 110–81, § 207(b), inserted con- cluding provisions. Subsec. (b)(3)(A). Pub. L. 110–81, § 207(a)(1)(A), amend- ed subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘contributes more than $5,000 to- ward the lobbying activities of the registrant in a semi- annual period described in section 1604(a) of this title; and’’. Pub. L. 110–81, § 201(b)(5)(C), substituted ‘‘$5,000’’ for ‘‘$10,000’’. Subsec. (b)(3)(B). Pub. L. 110–81, § 207(a)(1)(B), amend- ed subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘in whole or in major part plans, supervises, or controls such lobbying activities.’’ Subsec. (b)(4). Pub. L. 110–81, § 201(b)(5)(D), sub- stituted ‘‘$5,000’’ for ‘‘$10,000’’ in introductory provi- sions. Subsec. (b)(6). Pub. L. 110–81, § 208, substituted ‘‘in the 20 years before the date on which the employee first acted’’ for ‘‘in the 2 years before the date on which such employee first acted (after December 19, 1995)’’. 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 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,