2 U.S.C. § 1609

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

Section 1609 - Identification of clients and covered officials

(a) Oral lobbying contacts

Any person or entity that makes an oral lobbying 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 registered under this chapter and identify the client on whose behalf the lobbying contact is made; and

(2) state whether such client is a foreign entity 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 contact is registered on behalf of that client under section 1603 of this title; and

(2) identify any other foreign entity identified 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 contacted 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.

2 U.S.C. § 1609

Pub. L. 104-65, §14, Dec. 19, 1995, 109 Stat. 702.

EDITORIAL NOTES

REFERENCES IN TEXTThis chapter, referred to in subsecs. (a)(1) and (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.

STATUTORY NOTES AND RELATED SUBSIDIARIES

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.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.
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 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.
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.