The Hill News

The Lobbying Disclosure Act requires registrants to disclose on a quarterly basis specific information describing the nature of a lobbyist’s activities.  Much of what is required is straightforward, such as the name of a client, the amount of fees earned, and the entities that are the subject of the lobbying.  One area where there is discretion, however, is in describing the issues on which a registrant has been engaged.

To comply with the letter and spirit of the law, a lobbyist must adequately describe the nature of the activity, but beyond meeting the legal requirements, a lobbyist should carefully choose the words that are used to describe the activity.  According to reports about the activities of lobbyists assisting a controversial client currently being scrutinized by Congress, it appears that isn’t always the case, and could have adverse consequences for the client.

Section 5(b)(2)(A) of the LDA requires the disclosure of specific iss! ues upon which a registrant is engaged to lobby.  Official LDA guidance requires a lobbyist to disclose the bill number of any legislation on which they are working and, more specifically, any particular sections of that legislation that is the focus of their activity.  Similarly, if a lobbyist is attempting to influence an executive branch rulemaking, they should adequately describe the pending rule and any specific sections.  The bottom line is that a lobbyist must disclose enough to inform the public adequately of their client’s specific issues.

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