From the US Government Accountability Office’s report 2019 LOBBYING DISCLOSURE Observations on Lobbyists’ Compliance with Disclosure Requirements:
What GAO Found
For the 2019 reporting period, most lobbyists provided documentation for key elements of their disclosure reports to demonstrate compliance with the Lobbying Disclosure Act of 1995, as amended (LDA). For lobbying disclosure (LD-2) reports and political contribution (LD-203) reports filed during the third and fourth quarters of 2018 and the first and second quarters of 2019, GAO estimates that
- 90 percent of lobbyists who filed new registrations also filed LD-2 reports as required for the quarter in which they first registered (the figure below describes the filing process and enforcement);
- 95 percent of all lobbyists who filed could provide documentation for lobbying income and expenses;
- 20 percent of all LD-2 reports may not have properly disclosed one or more previously held covered positions as required; and
- 45 percent of LD-203 reports were missing reportable contributions, which was a statistically significant increase compared to prior years.
Except as noted above, these findings are generally consistent with GAO’s findings since 2010. Under a new law, lobbyists are required to report certain criminal convictions. GAO found that, of the 161 lobbyists it successfully identified, no lobbyist had failed to report a conviction.
If you wondered about management of lobbyist ethics, this might be the place to start, although I’m not sure how to contextualize some of the findings:
The U.S. Attorney’s Office for the District of Columbia (USAO) continued its efforts to resolve noncompliance through filing reports or terminating registrations, as well as imposing civil and criminal penalties. USAO received 4,220 referrals from both the Secretary of the Senate and the Clerk of the House for failure to comply with reporting requirements cumulatively for years 2009 through 2019. Of the 4,220 referrals, about 41 percent are now compliant and about 59 percent are pending further action.
Perhaps a time series, revealing trends? Or are lobbyist activities such that a violation has a non-linear effect on the system? I’m sure government watchdog groups have a better handle on this than I.
And the how:
To determine the extent to which lobbyists can demonstrate compliance, we examined a stratified random sample of 98 quarterly lobbying disclosure (LD-2) reports with income and expenses of $5,000 or more filed during the third and fourth quarters of calendar year 2018 and the first and second quarters of calendar year 2019. We selected the randomly sampled reports from the publicly downloadable database maintained by the Clerk of the House of Representatives (Clerk of the House). This methodology allows us to generalize some elements to the population of LD-2 reports. We then surveyed and interviewed each lobbyist or lobbying firm in our sample. Our questionnaire asked lobbyists about their income and expenses and accompanying supporting documentation. In our follow-up interviews, we asked them to provide written documentation for key elements of their LD-2 reports.
This documentation included the amount of income reported for lobbying activities, the amount of expenses reported, the houses of Congress or federal agencies lobbied, lobbying issue areas, and the names of lobbyists listed in the report. We reviewed whether lobbyists listed on the LD-2 reports properly disclosed (1) prior covered official positions and (2) certain criminal convictions at the state or federal level as required by the Justice Against Corruption on K Street Act of 2018. We also reviewed whether the lobbyists filed the semiannual report of federal political contributions.
A bit mind-numbing, unless you’re a statistician, perhaps employed by a law firm. Then it’s red meat.