Identifying Executive Branch Covered Officials Under The LDA

Christopher "Chris" DeLacy is a partner in our Washington, D.C. office.

Anyone who has attempted to confirm an executive branch official is a covered official for purposes of complying with the Lobbying Disclosure Act (LDA) has most likely endured a strange and unsatisfying experience. Most federal agencies do not take their obligations under the LDA seriously and as a result LDA registrants are often unsure whether they are properly disclosing executive branch lobbying contacts.

The LDA is an oddity – it is one of the few federal statutes administered by Congress and because Congress is not a rulemaking agency, it has no implementing regulations. This lack of a meaningful executive branch role (other than enforcement) appears to have led to the neglect of the LDA by the executive branch. This situation might be no more than an interesting political science exam topic if it weren't so serious –  violations of the LDA are punishable by significant civil and criminal p