2 U.S.C. § 1603

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 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, whichever 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 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 $2,500; 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 $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 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 $5,000 to the registrant or the client in the quarterly period to fund the lobbying activities of the registrant; and

(B) actively participates in the planning, supervision, or control of such lobbying activities;

(4) the name, address, principal place of business, amount of any contribution of more than $5,000 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;

(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 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 involving 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 conviction 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 sentence, 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 disclosure 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 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.

2 U.S.C. § 1603

Pub. L. 104-65, §4, Dec. 19, 1995, 109 Stat. 696; Pub. L. 110-81, title II, §§201(b)(2), (5), Sept. 14, 2007, 207, Sept. 14, 2007, 121 Stat. 742, 747, 748; Pub. L. 115-418, §2(a), Jan. 3, 2019, 132 Stat. 5440.

EDITORIAL NOTES

REFERENCES IN TEXTThis chapter, referred to in subsec. (b), was in the original "this Act" meaning Pub. L. 104-65, 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.

AMENDMENTS2019-Subsec. (b)(7). Pub. L. 115-418 added par. (7).2007-Subsec. (a)(1). Pub. L. 110-81, §201(b)(2)(A), inserted "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), substituted "quarterly period" for "semiannual period" in concluding provisions. Subsec. (a)(3)(A)(i). Pub. L. 110-81, §201(b)(5)(A), substituted "$2,500" for "$5,000".Subsec. (a)(3)(A)(ii). Pub. L. 110-81, §201(b)(5)(B), substituted "$10,000" for "$20,000". Subsec. (b). Pub. L. 110-81, §207(b), inserted concluding provisions. Subsec. (b)(3)(A). Pub. L. 110-81, §207(a)(1)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "contributes more than $5,000 toward the lobbying activities of the registrant in a semiannual 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), amended 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), substituted "$5,000" for "$10,000" in introductory provisions.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) having 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 section 30104 of Title 52, Voting and Elections.

EFFECTIVE DATESection effective Jan. 1, 1996, see section 24 of Pub. L. 104-65 set out as a note under section 1601 of this title.

State: The term "State" means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.1 So in original. A closing parenthesis probably should precede the semicolon.
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.
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.
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 13101(13) of title 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.
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)) .
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.
lobbying contact: 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.
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.
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 3-month period.
organization: The term "organization" means a person or entity other than an individual.
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.