§ 1602. — Definitions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 2USC1602]
TITLE 2--THE CONGRESS
CHAPTER 26--DISCLOSURE OF LOBBYING ACTIVITIES
Sec. 1602. Definitions
As used in this chapter:
(1) Agency
The term ``agency'' has the meaning given that term in section
551(1) of title 5.
(2) 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.
(3) 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.
(4) 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 109(13) of the Ethics in
Government Act of 1978 (5 U.S.C. App.).
(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.
(6) 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)).
(7) 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.
(8) Lobbying contact
(A) Definition
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.
(B) Exceptions
The term ``lobbying contact'' does not include a
communication that is--
(i) made by a public official acting in the public
official's official capacity;
(ii) made by a representative of a media organization if
the purpose of the communication is gathering and
disseminating news and information to the public;
(iii) made in a speech, article, publication or other
material that is distributed and made available to the
public, or through radio, television, cable television, or
other medium of mass communication;
(iv) made on behalf of a government of a foreign country
or a foreign political party and disclosed under the Foreign
Agents Registration Act of 1938 (22 U.S.C. 611 et seq.);
(v) a request for a meeting, a request for the status of
an action, or any other similar administrative request, if
the request does not include an attempt to influence a
covered executive branch official or a covered legislative
branch official;
(vi) made in the course of participation in an advisory
committee subject to the Federal Advisory Committee Act;
(vii) testimony given before a committee, subcommittee,
or task force of the Congress, or submitted for inclusion in
the public record of a hearing conducted by such committee,
subcommittee, or task force;
(viii) information provided in writing in response to an
oral or written request by a covered executive branch
official or a covered legislative branch official for
specific information;
(ix) required by subpoena, civil investigative demand,
or otherwise compelled by statute, regulation, or other
action of the Congress or an agency, including any
communication compelled by a Federal contract, grant, loan,
permit, or license;
(x) made in response to a notice in the Federal
Register, Commerce Business Daily, or other similar
publication soliciting communications from the public and
directed to the agency official specifically designated in
the notice to receive such communications;
(xi) not possible to report without disclosing
information, the unauthorized disclosure of which is
prohibited by law;
(xii) made to an official in an agency with regard to--
(I) a judicial proceeding or a criminal or civil law
enforcement inquiry, investigation, or proceeding; or
(II) a filing or proceeding that the Government is
specifically required by statute or regulation to
maintain or conduct on a confidential basis,
if that agency is charged with responsibility for such
proceeding, inquiry, investigation, or filing;
(xiii) made in compliance with written agency procedures
regarding an adjudication conducted by the agency under
section 554 of title 5 or substantially similar provisions;
(xiv) a written comment filed in the course of a public
proceeding or any other communication that is made on the
record in a public proceeding;
(xv) a petition for agency action made in writing and
required to be a matter of public record pursuant to
established agency procedures;
(xvi) made on behalf of an individual with regard to
that individual's benefits, employment, or other personal
matters involving only that individual, except that this
clause does not apply to any communication with--
(I) a covered executive branch official, or
(II) a covered legislative branch official (other
than the individual's elected Members of Congress or
employees who work under such Members' direct
supervision),
with respect to the formulation, modification, or adoption of
private legislation for the relief of that individual;
(xvii) a disclosure by an individual that is protected
under the amendments made by the Whistleblower Protection
Act of 1989, under the Inspector General Act of 1978, or
under another provision of law;
(xviii) made by--
(I) a church, its integrated auxiliary, or a
convention or association of churches that is exempt
from filing a Federal income tax return under paragraph
2(A)(i) of section 6033(a) of title 26, or
(II) a religious order that is exempt from filing a
Federal income tax return under paragraph (2)(A)(iii) of
such section 6033(a); and
(xix) between--
(I) officials of a self-regulatory organization (as
defined in section 3(a)(26) of the Securities Exchange
Act [15 U.S.C. 78c(a)(26)]) that is registered with or
established by the Securities and Exchange Commission as
required by that Act [15 U.S.C. 78a et seq.] or a
similar organization that is designated by or registered
with the Commodities Future Trading Commission as
provided under the Commodity Exchange Act [7 U.S.C. 1 et
seq.]; and
(II) the Securities and Exchange Commission or the
Commodities Future Trading Commission, respectively;
relating to the regulatory responsibilities of such
organization under that Act.
(9) 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.
(10) 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 six month period.
(11) Media organization
The term ``media organization'' means a person or entity engaged
in disseminating information to the general public through a
newspaper, magazine, other publication, radio, television, cable
television, or other medium of mass communication.
(12) Member of Congress
The term ``Member of Congress'' means a Senator or a
Representative in, or Delegate or Resident Commissioner to, the
Congress.
(13) Organization
The term ``organization'' means a person or entity other than an
individual.
(14) 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.
(15) Public official
The term ``public official'' means any elected official,
appointed official, or employee of--
(A) a Federal, State, or local unit of government in the
United States other than--
(i) a college or university;
(ii) a government-sponsored enterprise (as defined in
section 622(8) of this title);
(iii) a public utility that provides gas, electricity,
water, or communications;
(iv) a guaranty agency (as defined in section 1085(j) of
title 20), including any affiliate of such an agency; or
(v) an agency of any State functioning as a student loan
secondary market pursuant to section 1085(d)(1)(F) of title
20;
(B) a Government corporation (as defined in section 9101 of
title 31);
(C) an organization of State or local elected or appointed
officials other than officials of an entity described in clause
(i), (ii), (iii), (iv), or (v) of subparagraph (A);
(D) an Indian tribe (as defined in section 450b(e) of title
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\1\ So in original. A closing parenthesis probably should precede
the semicolon.
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(E) a national or State political party or any
organizational unit thereof; or
(F) a national, regional, or local unit of any foreign
government, or a group of governments acting together as an
international organization.
(16) State
The term ``State'' means each of the several States, the
District of Columbia, and any commonwealth, territory, or possession
of the United States.
(Pub. L. 104-65, Sec. 3, Dec. 19, 1995, 109 Stat. 691; Pub. L. 105-166,
Secs. 2, 3, Apr. 6, 1998, 112 Stat. 38.)
References in Text
This chapter, referred to in text, was in the original ``this Act''
meaning Pub. L. 104-65, Dec. 19, 1995, 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.
Levels I, II, III, IV, and V of the Executive Schedule, referred to
in par. (3)(D), are set out in sections 5312, 5313, 5314, 5315, and
5316, respectively, of Title 5, Government Organization and Employees.
Section 109(13) of the Ethics in Government Act of 1978, referred to
in par. (4)(D), is section 109(13) of Pub. L. 95-521, which is set out
in the Appendix to Title 5.
The Foreign Agents Registration Act of 1938, referred to in par.
(8)(B)(iv), is act June 8, 1938, ch. 327, 52 Stat. 631, as amended,
which is classified generally to subchapter II (Sec. 611 et seq.) of
chapter 11 of Title 22, Foreign Relations and Intercourse. For complete
classification of this Act to the Code, see Short Title note set out
under section 611 of Title 22 and Tables.
The Federal Advisory Committee Act, referred to in par. (8)(B)(vi),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
The Whistleblower Protection Act of 1989, referred to in par.
(8)(B)(xvii), is Pub. L. 101-12, Apr. 10, 1989, 103 Stat. 16, as
amended, which enacted subchapters II [5 U.S.C. 1211 et seq.] and III [5
U.S.C. 1221 et seq.] of chapter 12 and section 3352 of Title 5,
Government Organization and Employees, amended sections 1201 to 1206,
1209, 1211, 2302, 2303, 3393, 7502, 7512, 7521, 7542, 7701, and 7703 of
Title 5 and section 4139 of Title 22, Foreign Relations and Intercourse,
repealed sections 1207 and 1208 of Title 5, and enacted provisions set
out as notes under sections 1201, 1211, and 5509 of Title 5. For
complete classification of this Act to the Code, see Short Title of 1989
Amendment note set out under section 1201 of Title 5 and Tables.
The Inspector General Act of 1978, referred to in par. (8)(B)(xvii),
is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is
set out in the Appendix to Title 5.
The Securities Exchange Act, referred to in par. (8)(B)(xix),
probably means the Securities Exchange Act of 1934, act June 6, 1934,
ch. 404, 48 Stat. 881, as amended, which is classified generally to
chapter 2B (Sec. 78a et seq.) of Title 15, Commerce and Trade. For
complete classification of this Act to the Code, see section 78a of
Title 15 and Tables.
The Commodity Exchange Act, referred to in par. (8)(B)(xix), is act
Sept. 21, 1922, ch. 369, 42 Stat. 998, as amended, which is classified
generally to chapter 1 (Sec. 1 et seq.) of Title 7, Agriculture. For
complete classification of this Act to the Code, see section 1 of Title
7 and Tables.
Amendments
1998--Par. (3)(F). Pub. L. 105-166, Sec. 2, substituted
``7511(b)(2)(B)'' for ``7511(b)(2)''.
Par. (8)(B)(ix). Pub. L. 105-166, Sec. 3(a), inserted before
semicolon at end ``, including any communication compelled by a Federal
contract, grant, loan, permit, or license''.
Par. (15)(F). Pub. L. 105-166, Sec. 3(b), inserted before period at
end ``, or a group of governments acting together as an international
organization''.
Section Referred to in Other Sections
This section is referred to in section 1610 of this title; title 15
section 4804; title 18 section 219; title 22 section 4002.
