2 U.S.C. § 1602 : US Code - Section 1602: Definitions

Search 2 U.S.C. § 1602 : US Code - Section 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
25; (!1)
(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.