Online System for Filing Disclosures Frustrates Lobbyists

Thousands of lobbyists, including the president of a lobbyists' trade association and the co-author of an authoritative lobbying manual, were unable to file their disclosure reports electronically this week as required by a new congressional system.

Paul A. Miller, president of the American League of Lobbyists, and Thomas M. Susman, co-editor of the American Bar Association's "The Lobbying Manual," tried to send their reports to the clerk of the House of Representatives via the Internet on Tuesday, the filing deadline. But, like many of their colleagues, they were frustrated to receive a return message that said "Submission status: failed."

Unable to use the new filing method, they were forced to print out their reports and mail or fax them with a cover letter explaining that at least they had tried.

"The frustration has been overwhelming," Miller said.

"I have to say there's a high level of disappointment," Susman agreed. "It's fairly widespread."

The new system was hailed by lawmakers, lobbyists and government watchdog groups as a boon to public disclosure when it was announced last summer. It was initiated by Rep. Robert W. Ney (R-Ohio), then the chairman of the House Administration Committee who has since been implicated in the Jack Abramoff political corruption scandal.

Previously, electronic filing had been voluntary. Ney, who denies he did anything wrong related to Abramoff, made it mandatory in the House starting this year.

Quickly, however, lobbyists began to complain that the Internet-based system was cumbersome, complicated and expensive. They groused that their reports had to be accompanied by a "digital signature" before they would be accepted. A variety of software problems also prevented lobbyists from making successful connections.

As of yesterday, 14,165 reports had been filed electronically and approved as valid, according to Jon Brandt, spokesman for the House Administration Committee. Normally, more than 20,000 such year-end reports are filed in Congress, congressional aides said.

"All in all, it appears to be a pretty successful first time through," Brandt said. "Our expectation is that that number should climb as we go through subsequent filing periods."

In the meantime, the House decided last Thursday to back off its requirement that all forms had to be sent electronically by the Feb. 14 deadline. It agreed to allow lobbyists to file on paper if their Internet connections faltered. "It was an acknowledgment that not everyone was going to make the filing deadline," Brandt said.

As the date approached, many lobbyists who had not yet sent their forms found that they could not get them accepted by the House. Lee Bechtel of Bechtel & Associates said he tried eight times over three days starting on Sunday and, as of yesterday, had not made it work.

Some lobbyists who did manage to file on time had to work for hours, and in some cases days, to bring their computers into compliance with the House's requirements, according to Patti Jo Baber, executive director of the American League of Lobbyists.

Others tried but failed to make the Internet connection operate. Susman, a partner at Ropes & Gray LLP, tried to send about 25 reports covering his firm's lobbying clients. "But they bounced back," he said, and he is not sure why.

Miller faxed in his report with an explanatory note. His problem was that he had not received a valid "digital signature" on time, he said.

"We knew there were going to be problems," Miller explained. "I'm not sure we knew there would be this number of problems."