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Title 2 — The Congress

Chapter 26 — Disclosure of Lobbying Activities

§ 1610. Estimates based on tax reporting system

Statutory text

(a)

Entities covered by section 6033(b) of title 26

A person, other than a lobbying firm, that is required to report and does report lobbying expenditures pursuant to section 6033(b)(8) of title 26 may—

(1)

make a good faith estimate (by category of dollar value) of applicable amounts that would be required to be disclosed under such section for the appropriate quarterly period to meet the requirements of sections 1603(a)(3) and 1604(b)(4) of this title; and

(2)

for all other purposes consider as lobbying contacts and lobbying activities only—

(A)

lobbying contacts with covered legislative branch officials (as defined in section 1602(4) of this title) and lobbying activities in support of such contacts; and

(B)

lobbying of Federal executive branch officials to the extent that such activities are influencing legislation as defined in section 4911(d) of title 26.

(b)

Entities covered by section 162(e) of title 26

A person, other than a lobbying firm, who is required to account and does account for lobbying expenditures pursuant to section 162(e) of title 26 may—

(1)

make a good faith estimate (by category of dollar value) of applicable amounts that would not be deductible pursuant to such section for the appropriate quarterly period to meet the requirements of sections 1603(a)(3) and 1604(b)(4) of this title; and

(2)

for all other purposes consider as lobbying contacts and lobbying activities only—

(A)

lobbying contacts with covered legislative branch officials (as defined in section 1602(4) of this title) and lobbying activities in support of such contacts; and

(B)

lobbying of Federal executive branch officials to the extent that amounts paid or costs incurred in connection with such activities are not deductible pursuant to section 162(e) of title 26.

(c)

Disclosure of estimate

Any registrant that elects to make estimates required by this chapter under the procedures authorized by subsection (a) or (b) for reporting or threshold purposes shall—

(1)

inform the Secretary of the Senate and the Clerk of the House of Representatives that the registrant has elected to make its estimates under such procedures; and

(2)

make all such estimates, in a given calendar year, under such procedures.

(d)

Study

Not later than , the Comptroller General of the United States shall review reporting by registrants under subsections (a) and (b) and report to the Congress—

(1)

the differences between the definition of “lobbying activities” in section 1602(7) of this title and the definitions of “lobbying expenditures”, “influencing legislation”, and related terms in sections 162(e) and 4911 of title 26, as each are implemented by regulations;

(2)

the impact that any such differences may have on filing and reporting under this chapter pursuant to this subsection; and

(3)

any changes to this chapter or to the appropriate sections of title 26 that the Comptroller General may recommend to harmonize the definitions.

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 § 15 · 109 Stat. 691

    Enacted · 2 U.S.C. § 1610

    Pub. L. 104–65, § 15, Dec. 19, 1995, 109 Stat. 702

    Source evidence

    Code source credit
    Pub. L. 104–65, § 15, Dec. 19, 1995, 109 Stat. 702

    Enacted provision · exact public law section
    SEC. 15. ESTIMATES BASED ON TAX REPORTING SYSTEM. (a) Entities Covered by Section 6033(b) of the Internal Revenue Code of 1986.— A registrant that is required to report and does report lobbying expenditures pursuant to section 6033(b)(8) of the Internal Revenue Code of 1986 may— (1) make a good faith estimate (by category of dollar value) of applicable amounts that would be required to be disclosed under such section for the appropriate semiannual period to meet the requirements of sections 4(a)(3) and 5(b)(4); and (2) in lieu of using the definition of “lobbying activities” in section 3(7) of this Act, consider as lobbying activities only those activities that are influencing legislation as defined in section 4911(d) of the Internal Revenue Code of 1986. (b) Entities Covered by Section 162(e) of the Internal Revenue Code of 1986.— A registrant that is subject to section 162(e) of the Internal Revenue Code of 1986 may— (1) make a good faith estimate (by category of dollar value) of applicable amounts that would not be deductible pursuant to such section for the appropriate semiannual period to meet the requirements of sections 4(a)(3) and 5(b)(4); and (2) in lieu of using the definition of “lobbying activities” in section 3(7) of this Act, consider as lobbying activities only those activities, the costs of which are not deductible pursuant to section 162(e) of the Internal Revenue Code of 1986. (c) Disclosure of Estimate.— Any registrant that elects to make estimates required by this Act under the procedures authorized by subsection (a) or (b) for reporting or threshold purposes shall— (1) inform the Secretary of the Senate and the Clerk of the House of Representatives that the registrant has elected to make its estimates under such procedures; and (2) make all such estimates, in a given calendar year, under such procedures. (d) Study.— Not later than March 31, 1997, the Comptroller General of the United States shall review reporting by registrants under subsections (a) and (b) and report to the Congress— (1) the differences between the definition of “lobbying activities” in section 3(7) and the definitions of “lobbying expenditures”, “influencing legislation”, and related terms in sections 162(e) and 4911 of the Internal Revenue Code of 1986, as each are implemented by regulations; (2) the impact that any such differences may have on filing and reporting under this Act pursuant to this subsection; and (3) any changes to this Act or to the appropriate sections of the Internal Revenue Code of 1986 that the Comptroller General may recommend to harmonize the definitions.

  2. Lobbying Disclosure Technical Amendments Act of 1998

    Pub. L. 105–166 § 4(a)(1) · 112 Stat. 38

    Substituted · 2 U.S.C. § 1610(a)

    Pub. L. 105–166, § 4(a)(1), in introductory provisions, substituted “A person, other than a lobbying firm,” for “A registrant”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–166, § 4(a)(1), in introductory provisions, substituted “A person, other than a lobbying firm,” for “A registrant”.

    Enacted provision · exact public law section
    (1) by striking “A registrant” and inserting “A person, other than a lobbying firm,”; and

  3. Lobbying Disclosure Technical Amendments Act of 1998

    Pub. L. 105–166 § 4(a)(2) · 112 Stat. 38

    Amended · 2 U.S.C. § 1610(a)(2)

    Pub. L. 105–166, § 4(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “in lieu of using the definition of ‘lobbying activities’ in section 1602(7) of this title, consider as lobbying activities only those activities that are influencing legislation as defined in section 4911(d) of title 26.”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 105–166, § 4(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “in lieu of using the definition of ‘lobbying activities’ in section 1602(7) of this title, consider as lobbying activities only those activities that are influencing legislation as defined in section 4911(d) of title 26.”

    Enacted provision · exact public law section
    (2) by amending paragraph (2) to read as follows: “(2) for all other purposes consider as lobbying contacts and lobbying activities only— “(A) lobbying contacts with covered legislative branch officials (as defined in section 3(4)) and lobbying activities in support of such contacts; and “(B) lobbying of Federal executive branch officials to the extent that such activities are influencing legislation as defined in section 4911(d) of the Internal Revenue Code of 1986.”.

  4. Lobbying Disclosure Technical Amendments Act of 1998

    Pub. L. 105–166 § 4(b)(1) · 112 Stat. 38

    Substituted · 2 U.S.C. § 1610(b)

    Pub. L. 105–166, § 4(b)(1), in introductory provisions, substituted “A person, other than a lobbying firm, who is required to account and does account for lobbying expenditures pursuant to” for “A registrant that is subject to”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–166, § 4(b)(1), in introductory provisions, substituted “A person, other than a lobbying firm, who is required to account and does account for lobbying expenditures pursuant to” for “A registrant that is subject to”.

    Enacted provision · exact public law section
    (1) by striking “A registrant that is subject to” and inserting “A person, other than a lobbying firm, who is required to account and does account for lobbying expenditures pursuant to”; and

  5. Lobbying Disclosure Technical Amendments Act of 1998

    Pub. L. 105–166 § 4(b)(2) · 112 Stat. 38

    Amended · 2 U.S.C. § 1610(b)(2)

    Pub. L. 105–166, § 4(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “in lieu of using the definition of ‘lobbying activities’ in section 1602(7) of this title, consider as lobbying activities only those activities, the costs of which are not deductible pursuant to section 162(e) of title 26.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 105–166, § 4(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “in lieu of using the definition of ‘lobbying activities’ in section 1602(7) of this title, consider as lobbying activities only those activities, the costs of which are not deductible pursuant to section 162(e) of title 26.”

    Enacted provision · exact public law section
    (2) by amending paragraph (2) to read as follows: “(2) for all other purposes consider as lobbying contacts and lobbying activities only— “(A) lobbying contacts with covered legislative branch officials (as defined in section 3(4)) and lobbying activities in support of such contacts; and “(B) lobbying of Federal executive branch officials to the extent that amounts paid or costs incurred in connection with such activities are not deductible pursuant to section 162(e) of the Internal Revenue Code of 1986.”.

  6. Honest Leadership and Open Government Act of 2007

    Pub. L. 110–81 title II § 201(b)(4) · 121 Stat. 735

    Substituted · 2 U.S.C. § 1610(a)(1); 2 U.S.C. § 1610(b)(1)

    Pub. L. 110–81 substituted “quarterly period” for “semiannual period”

    Source evidence

    Code amendment note
    Subsecs. (a)(1), (b)(1). Pub. L. 110–81 substituted “quarterly period” for “semiannual period”.

    Enacted provision · exact public law section
    (4) Estimates.— Section 15 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1610) is amended— (A) in subsection (a)(1), by striking “semiannual period” and inserting “quarterly period”; and (B) in subsection (b)(1), 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.

6 of 6 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in subsecs. (c) and (d)(2), (3), 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.

Amendments1998–2007 · 2 rounds

2007

Subsecs. (a)(1), (b)(1). Pub. L. 110–81 substituted “quarterly period” for “semiannual period”.

1998

Subsec. (a). Pub. L. 105–166, § 4(a)(1), in introductory provisions, substituted “A person, other than a lobbying firm,” for “A registrant”.

Subsec. (a)(2). Pub. L. 105–166, § 4(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “in lieu of using the definition of ‘lobbying activities’ in section 1602(7) of this title, consider as lobbying activities only those activities that are influencing legislation as defined in section 4911(d) of title 26.”

Subsec. (b). Pub. L. 105–166, § 4(b)(1), in introductory provisions, substituted “A person, other than a lobbying firm, who is required to account and does account for lobbying expenditures pursuant to” for “A registrant that is subject to”.

Subsec. (b)(2). Pub. L. 105–166, § 4(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “in lieu of using the definition of ‘lobbying activities’ in section 1602(7) of this title, consider as lobbying activities only those activities, the costs of which are not deductible pursuant to section 162(e) of title 26.”

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 · 3 acts
  1. 1995Pub. L. 104–65, § 15, , 109 Stat. 702
  2. 1998Pub. L. 105–166, § 4(a), (b), , 112 Stat. 38
  3. 2007Pub. L. 110–81, title II, § 201(b)(4), , 121 Stat. 742.
Show as published

(Pub. L. 104–65, § 15, , 109 Stat. 702; Pub. L. 105–166, § 4(a), (b), , 112 Stat. 38; Pub. L. 110–81, title II, § 201(b)(4), , 121 Stat. 742.)

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