Public Policy and Law Alert
July 2008
www.klgates.com
Authors:
New Rules for the LD-203
Tim Peckinpaugh
tim.peckinpaugh@klgates.com
202.661.6265
Just Days Before the Deadline, the House and Senate Issue New
Guidance on What Federal Lobbyists Must Report
Michael J. O’Neil
mike.oneil@klgates.com
202.661.6226
Scott C. Nelson
scott.nelson@klgates.com
202.661.3714
Christopher J. Hopfensperger
christopher.hopfensperger@klgates.com
202.778.9851
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Partially addressing the uncertainty and speculation about what lobbyists and lobbying
organizations must report on the new LD-203 report (due July 30), the Secretary of the
Senate and Clerk of the House issued updated guidance on July 15 that significantly
narrows the scope of required reporting.
Essentially, the Secretary and Clerk revised and expanded the examples given in
their consolidated LDA guidance, which is available on their respective website
http://www.senate.gov/legislative/resources/pdf/S1guidance.pdf.
In short, the examples clarified that:
• A contribution to a charity event such as a dinner at which a covered official will
be given an award is not subject to disclosure unless the contribution is specifically
restricted to pay the cost of that dinner and the contributor is aware that the officials
will be honored.
• Merely being listed as a speaker at an annual “fly-in” then speaking at the “fly-in”
would not by itself trigger disclosure. However, if the covered official were somehow
given “a special award, honor, or recognition” by the organizer, the cost of the event
would need to be reported, even if the invitation did not indicate such recognition
would be given.
• Merely having covered officials listed as “honorary hosts” of a charitable fundraising
event would not by itself trigger disclosure.
• The costs of an event would not need to be disclosed if a covered official were merely
listed as an “attendee” or “special invitee” on an invitation. Again, other circumstances,
such as where the officials were actually honored with an award, would require
disclosure.
• Also, a registrant’s purchase of a ticket or table to a charitable event that honors a
covered official would not be subject to disclosure if the purchase did not make the
registrant a bona fide “sponsor” of an event under the House and Senate gift rules.
• Finally, there was very good news for those who sit on PAC boards or otherwise
control PAC contributions from a PAC “connected” to their employer. This would
typically include PAC’s related to corporate entities. The Secretary and Clerk have
noted that if the registrant (the employer) discloses the PAC contributions in its form,
those lobbyist employees who control the PAC need not duplicate the information on
their own LD-203, provided they report that they are a board member of the PAC or
are in a position to control the direction of PAC contributions.
Although the new guidance appears to diminish the administrative burdens on LD-203
filers, real caution should still be used when determining whether an event is subject to
disclosure. Rather than presenting bright-line rules, the new guidance provides general
guidelines. Whether or not a contribution must be disclosed must be judged in light of all
the relevant facts.
Public Policy and Law Alert
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