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Title 2 — The Congress

Chapter 26 — Disclosure of Lobbying Activities

§ 1605. Disclosure and enforcement

Statutory text

(a)

In general

The Secretary of the Senate and the Clerk of the House of Representatives shall—

(1)

provide guidance and assistance on the registration and reporting requirements of this chapter and develop common standards, rules, and procedures for compliance with this chapter;

(2)

review, and, where necessary, verify and inquire to ensure the accuracy, completeness, and timeliness of registration and reports;

(3)

develop filing, coding, and cross-indexing systems to carry out the purpose of this chapter, including—

(A)

a publicly available list of all registered lobbyists, lobbying firms, and their clients; and

(B)

computerized systems designed to minimize the burden of filing and maximize public access to materials filed under this chapter;

(4)

make available for public inspection and copying at reasonable times the registrations and reports filed under this chapter and, in the case of a report filed in electronic form under section 1604(e) of this title, make such report available for public inspection over the Internet as soon as technically practicable after the report is so filed;

(5)

retain registrations for a period of at least 6 years after they are terminated and reports for a period of at least 6 years after they are filed;

(6)

compile and summarize, with respect to each quarterly period, the information contained in registrations and reports filed with respect to such period in a clear and complete manner;

(7)

notify any lobbyist or lobbying firm in writing that may be in noncompliance with this chapter;

(8)

notify the United States Attorney for the District of Columbia that a lobbyist or lobbying firm may be in noncompliance with this chapter, if the registrant has been notified in writing and has failed to provide an appropriate response within 60 days after notice was given under paragraph (7);

(9)

maintain all registrations and reports filed under this chapter, and make them available to the public over the Internet, without a fee or other access charge, in a searchable, sortable, and downloadable manner, to the extent technically practicable, that—

(A)

includes the information contained in the registrations and reports;

(B)

is searchable and sortable to the maximum extent practicable, including searchable and sortable by each of the categories of information described in section 1603(b) or 1604(b) of this title; and

(C)

provides electronic links or other appropriate mechanisms to allow users to obtain relevant information in the database of the Federal Election Commission;

(10)

retain the information contained in a registration or report filed under this chapter for a period of 6 years after the registration or report (as the case may be) is filed; and

(11)

make publicly available, on a semiannual basis, the aggregate number of registrants referred to the United States Attorney for the District of Columbia for noncompliance as required by paragraph (8).

(b)

Enforcement report

(1)

Report

The Attorney General shall report to the congressional committees referred to in paragraph (2), after the end of each semiannual period beginning on January 1 and July 1, the aggregate number of enforcement actions taken by the Department of Justice under this chapter during that semiannual period and, by case, any sentences imposed, except that such report shall not include the names of individuals, or personally identifiable information, that is not already a matter of public record.

(2)

Committees

The congressional committees referred to in paragraph (1) are the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Lobbying Disclosure Act of 1995

    Pub. L. 104–65 § 6 · 109 Stat. 691

    Enacted · 2 U.S.C. § 1605

    Pub. L. 104–65, § 6, Dec. 19, 1995, 109 Stat. 698

    Source evidence

    Code source credit
    Pub. L. 104–65, § 6, Dec. 19, 1995, 109 Stat. 698

    Enacted provision · exact public law section
    SEC. 6. DISCLOSURE AND ENFORCEMENT. The Secretary of the Senate and the Clerk of the House of Representatives shall— (1) provide guidance and assistance on the registration and reporting requirements of this Act and develop common standards, rules, and procedures for compliance with this Act; (2) review, and, where necessary, verify and inquire to ensure the accuracy, completeness, and timeliness of registration and reports; (3) develop filing, coding, and cross-indexing systems to carry out the purpose of this Act, including— (A) a publicly available list of all registered lobbyists, lobbying firms, and their clients; and (B) computerized systems designed to minimize the burden of filing and maximize public access to materials filed under this Act; (4) make available for public inspection and copying at reasonable times the registrations and reports filed under this Act; (5) retain registrations for a period of at least 6 years after they are terminated and reports for a period of at least 6 years after they are filed; (6) compile and summarize, with respect to each semi-annual Records. period, the information contained in registrations and reports filed with respect to such period in a clear and complete manner; (7) notify any lobbyist or lobbying firm in writing that may be in noncompliance with this Act; and (8) notify the United States Attorney for the District of Columbia that a lobbyist or lobbying firm may be in noncompliance with this Act, if the registrant has been notified in writing and has failed to provide an appropriate response within 60 days after notice was given under paragraph (7).

  2. Honest Leadership and Open Government Act of 2007

    Pub. L. 110–81 § 210 · 121 Stat. 735

    1. Amended · 2 U.S.C. § 1605

      Pub. L. 110–81, § 210, designated existing provisions as subsec. (a)

    2. Inserted · 2 U.S.C. § 1605

      Pub. L. 110–81, § 210, inserted heading

    3. Added · 2 U.S.C. § 1605

      Pub. L. 110–81, § 210, added par. (11) and subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 110–81, § 210, designated existing provisions as subsec. (a), inserted heading, and added par. (11) and subsec. (b).

    Enacted provision · exact public law section
    SEC. 210. DISCLOSURE OF ENFORCEMENT FOR NONCOMPLIANCE.   Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is further amended— (1) by striking “The Secretary” and inserting “(a) In General.—The Secretary”; ; (2) in paragraph (9), by striking “and” at the end; (3) in paragraph (10), by striking the period and inserting “; and”; (4) by adding after paragraph (10) the following: “(11) Public information. Deadline. make publicly available, on a semiannual basis, the aggregate number of registrants referred to the United States Attorney for the District of Columbia for noncompliance as required by paragraph (8).” ; and (5) by adding at the end the following: “(b) Enforcement Report.— “(1) Report.— The Attorney General shall report to the congressional committees referred to in paragraph (2), after the end of each semiannual period beginning on January 1 and July 1, the aggregate number of enforcement actions taken by the Department of Justice under this Act during that semiannual period and, by case, any sentences imposed, except that such report shall not include the names of individuals, or personally identifiable information, that is not already a matter of public record. “(2) Committees.— The congressional committees referred to in paragraph (1) are the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.” .

    Effective date note
    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.

  3. Honest Leadership and Open Government Act of 2007

    Pub. L. 110–81 § 209(b) · 121 Stat. 735

    Inserted · 2 U.S.C. § 1605(4)

    Pub. L. 110–81, § 209(b), inserted before semicolon at end “and, in the case of a report filed in electronic form under section 1604(e) of this title, make such report available for public inspection over the Internet as soon as technically practicable after the report is so filed”

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 110–81, § 209(b), inserted before semicolon at end “and, in the case of a report filed in electronic form under section 1604(e) of this title, make such report available for public inspection over the Internet as soon as technically practicable after the report is so filed”.

    Enacted provision · exact public law section
    (b) Availability of Reports.— Section 6(4) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended by inserting before the semicolon at the end the following: “and, in the case of a report filed in electronic form under section 5(e), make such report available for public inspection over the Internet as soon as technically practicable after the report is so filed”.

    Effective date note
    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.

  4. Honest Leadership and Open Government Act of 2007

    Pub. L. 110–81 § 201(b)(3) · 121 Stat. 735

    Substituted · 2 U.S.C. § 1605(6)

    Pub. L. 110–81, § 201(b)(3), substituted “quarterly period” for “semiannual period”

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 110–81, § 201(b)(3), substituted “quarterly period” for “semiannual period”.

    Enacted provision · exact public law section
    (3) Enforcement.— Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended in paragraph (6) by striking “semiannual period” and inserting “quarterly period”.

    Effective date note
    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.

  5. Honest Leadership and Open Government Act of 2007

    Pub. L. 110–81 § 209(a) · 121 Stat. 735

    Added · 2 U.S.C. § 1605(9); 2 U.S.C. § 1605(10)

    Pub. L. 110–81, § 209(a), added pars. (9) and (10)

    Source evidence

    Code amendment note
    Pars. (9), (10). Pub. L. 110–81, § 209(a), added pars. (9) and (10).

    Enacted provision · exact public law section
    (a) Public Availability.— Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is further amended— (1) in paragraph (7), by striking “and” at the end; (2) in paragraph (8), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: “(9) maintain all registrations and reports filed under this Act, and make them available to the public over the Internet, without a fee or other access charge, in a searchable, sortable, and downloadable manner, to the extent technically practicable, that— “(A) includes the information contained in the registrations and reports; “(B) is searchable and sortable to the maximum extent practicable, including searchable and sortable by each of the categories of information described in section 4(b) or 5(b); and “(C) provides electronic links or other appropriate mechanisms to allow users to obtain relevant information in the database of the Federal Election Commission; and “(10) retain the information contained in a registration or report filed under this Act for a period of 6 years after the registration or report (as the case may be) is filed.” .

    Effective date note
    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.

7 of 7 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in text, 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.

Amendments

2007—Pub. L. 110–81, § 210, designated existing provisions as subsec. (a), inserted heading, and added par. (11) and subsec. (b).

Par. (4). Pub. L. 110–81, § 209(b), inserted before semicolon at end “and, in the case of a report filed in electronic form under section 1604(e) of this title, make such report available for public inspection over the Internet as soon as technically practicable after the report is so filed”.

Par. (6). Pub. L. 110–81, § 201(b)(3), substituted “quarterly period” for “semiannual period”.

Pars. (9), (10). Pub. L. 110–81, § 209(a), added pars. (9) and (10).

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 , or later and with respect to quarterly reports under that Act covering calendar quarters beginning on or after , see section 215 of Pub. L. 110–81, set out as a note under section 30104 of Title 52, Voting and Elections.

Effective Date

Section effective , see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this title.

Credits

1995–2007 · 2 acts
  1. 1995Pub. L. 104–65, § 6, , 109 Stat. 698
  2. 2007Pub. L. 110–81, title II, §§ 201(b)(3), 209(a), (b), 210, , 121 Stat. 742, 748.
Show as published

(Pub. L. 104–65, § 6, , 109 Stat. 698; Pub. L. 110–81, title II, §§ 201(b)(3), 209(a), (b), 210, , 121 Stat. 742, 748.)

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