After several weeks of user feedback and questions, the Clerk of the U.S. House and Secretary of the Senate released updated guidance for complying with the Lobbying Disclosure Act.  Most notably, the updated sections are those largely related to completing the LD-203 contributions report.

Political Contributions:

• Lobbyists that are members of unaffiliated PAC Boards that have control over the direction of PAC contributions must disclose those contributions.
• Lobbyists on the PAC Board of a connected PAC may simply disclose that he/she is a member of that Board (provided that the PAC's contributions are disclosed through another filer, such as the company's LD-203).

Honoring or Recognizing a Covered Official:

• Having a covered official as an honorary co-host of an event, listed as an attendee and/or speaker, or speaks at the event is not enough to require disclosure. Additional circumstances would be necessary: did the official receive a plaque, award, or some special recognition? Is the official an honorary co-host of an event or charity that he/she controls? If yes, the costs of the event could be reportable.
• Merely buying a table or individual tickets to a charitable event does not automatically trigger disclosure.  These costs would be reportable if the filer is involved in organizing the event or there is an appearance that the filer is paying the costs of the event due to the number of tickets or tables purchased.
• If a filer contributes funds specifically for the costs of a conference-related dinner event where covered officials would be honored, and the filer was aware of this at the time of the contribution, then the contribution is reportable.

Contribution to Non-Profits or Other Entities:

• Contributions to entities (such as a charity) that are designated, established, financed or maintained by a covered official are reportable when: 1) The covered official directs a contribution in lieu of an honoraria pursuant to federal ethics rules. 2) A payment is directed to an entity by a covered official who is also on the Board of the entity.
• It is not enough to require disclosure that the contribution was made following a "mere statement of support or solicitation" by a covered official.

Miscellaneous:

• Filers should use the date of the payment and not the date of the event as the contribution date.
• If a lobbyist makes a reportable payment that is reimbursable by an LDA-registered entity (such as a lobbyist employer) then the entity reports the payment as its own and the lobbyist is not required to also report that payment.

Additional Information:

Contact the Public Affairs Council's Federal Government Relations expert Rikki Amos for additional guidance and support.

Visit The Clerk of the U.S. House of Representatives Web site

July 17, 2008