2 U.S.C. § 1604

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1604 - Reports by registered lobbyists

(a) Quarterly report

No later than 20 days after the end of the quarterly period beginning on the first day of January, 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 business day, each registrant shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives on its lobbying activities during such quarterly period. A separate report shall be filed for each client of the registrant.

(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 registration, 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 period-

(A) a list of the specific issues upon which a lobbyist employed by the registrant engaged in lobbying activities, including, to the maximum extent practicable, a list of bill numbers and references to specific executive branch actions;

(B) a statement of the Houses of Congress and the Federal agencies contacted by lobbyists employed by the registrant on behalf of the client;

(C) a list of the employees of the registrant 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 income from the client (including any payments to the registrant by any other person for lobbying activities on behalf of the client) during the quarterly period, other than income for matters that are unrelated to lobbying activities;

(4) in the case of a registrant engaged in lobbying activities on its own behalf, a good faith estimate of the total expenses that the registrant and its employees incurred in connection with lobbying activities during the quarterly period;

(5) for each client, immediately after listing the client, an identification of whether the client is a State or local government or a department, 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 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.

(c) Estimates of income or expenses

For purposes of this section, estimates of income 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 contributions equal to or exceeding $200 were made by the person or organization, or a political 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 organization 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 official;

(ii) to an entity that is named for a covered legislative branch official, or to a person or entity in recognition of such official;

(iii) to an entity established, financed, maintained, or controlled by a covered legislative branch official or covered executive branch official, or an entity designated by such official; or

(iv) to pay the costs of a meeting, retreat, conference, or other similar event held by, or in the name of, 1 or more covered legislative branch officials or covered executive branch officials,

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 established or controlled by the person or organization, within the semiannual period, and the date and amount of each such contribution within the semiannual period; and

(G) a certification by the person or organization 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 Representatives relating to the provision of gifts and travel; and

(ii) has not provided, requested, or directed a gift, including travel, to a Member of Congress or an officer or employee of either House of Congress with knowledge 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 section 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 Senate and the Clerk of the House of Representatives shall use the same electronic software for receipt and recording of filings under this chapter.

2 U.S.C. § 1604

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 TEXTThis chapter, referred to in subsec. (e), 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)(6). Pub. L. 115-418 added par. (6). 2007-Subsec. (a). Pub. L. 110-81, §201(a)(1), substituted, in heading, "Quarterly" for "Semiannual" and, in text, "20 days after the end of the quarterly period beginning on the first day of January, 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 business day," for "45 days after the end of the semiannual period beginning on the first day of each January 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 period".Subsec. (b). Pub. L. 110-81, §201(a)(2)(A), substituted "quarterly report" for "semiannual report" in introductory 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), substituted "quarterly period" for "semiannual filing period". 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 lobbying 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 subsection (a) [amending this section] shall apply with respect to the first semiannual period described in section 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) 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.

Member of Congress: The term "Member of Congress" means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress.
State: The term "State" means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.1So 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 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.