2 U.S.C. § 1605: Disclosure and enforcement

Summary

Tell the Secretary of the Senate and the Clerk of the House to run the lobby registration and reporting system. They must give clear guidance and set common rules. They must check filings for accuracy and build filing, coding, and indexing systems. They must keep a public list of registered lobbyists, firms, and clients and make electronic filing easy and open to the public. People must be able to inspect and copy filings at reasonable times, and electronic reports must go online as soon as technically possible. Registrations and reports must be kept for at least 6 years after filing or termination. Each quarter they must summarize the filed information. They must send written notice to any lobbyist or firm that may be out of compliance, and if there is no proper response within 60 days, they must notify the U.S. Attorney for the District of Columbia. All records must be available online for free, searchable, sortable, and downloadable, with links to relevant Federal Election Commission data. Every six months they must publish the total number of referrals to the U.S. Attorney. Require the Attorney General to report after each six-month period beginning January 1 and July 1 to the Senate Committee on Homeland Security and Governmental Affairs, the Senate Judiciary Committee, and the House Judiciary Committee. The report must show the total number of Department of Justice enforcement actions under this law for that period and, by case, any sentences imposed, without including names or private personal details that are not already public.

Title 2, §1605

The Congress, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

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.

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 AmendmentExcept 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 Date

Section effective Jan. 1, 1996, see section 24 of Pub. L. 104–65, set out as a note under section 1601 of this title.

§1605 Disclosure and Enforcement

Summary

Title 2, §1605

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata