2 U.S.C. § 1606

Penalties

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(a) Civil penaltyWhoever knowingly fails to—(1) remedy a defective filing within 60 days after notice of such a defect by the Secretary of the Senate or the Clerk of the House of Representatives; or(2) comply with any other provision of this chapter;shall, upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil fine of not more than $200,000, depending on the extent and gravity of the violation.(b) Criminal penalty

Whoever knowingly and corruptly fails to comply with any provision of this chapter shall be imprisoned for not more than 5 years or fined under title 18, or both.

(Pub. L. 104–65, § 7, Dec. 19, 1995, 109 Stat. 699; Pub. L. 110–81, title II, § 211(a), Sept. 14, 2007, 121 Stat. 749.)Editorial NotesReferences 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 designated existing provisions as subsec. (a), inserted heading, substituted “$200,000” for “$50,000” in concluding provisions, and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 2007 Amendment

Pub. L. 110–81, title II, § 211(b), Sept. 14, 2007, 121 Stat. 749, provided that: “The amendments made by subsection (a) [amending this section] shall apply to any violation committed on or after the date of the enactment of this Act [Sept. 14, 2007].”

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.

Notes of Decisions

Cited in 3 cases, 2000–2009 · leading case: Nat'l Ass'n of Mfrs. v. Taylor, 582 F.3d 1 (D.C. Cir. 2009).

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Nat'l Ass'n of Mfrs. v. Taylor, 582 F.3d 1 (D.C. Cir. 2009). · cites it 2× “But under the LDA, criminal sanctions attach only if the govern *28 ment proves that a violation was committed “knowingly and corruptly,” 2 U.S.C. § 1606 (b) — a much stronger form of scienter.”

Nat'l Ass'n of Mfrs. v. Taylor, 549 F. Supp. 2d 33 (D.D.C. 2008). · cites it 3× “§ 7, 2 U.S.C. § 1606 . See Legisl. Defs’ Opp’n at 10-11.”

Elahi v. Islamic Repub. of Iran, 124 F. Supp. 2d 97 (D.D.C. 2000). “” 2 U.S.C. § 1606 . Congress' intention is clear.”

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