Press coverage of the Democratic National Convention spotlights the convention parties in light of the new lobbying and ethics law, and it will likely be the same during the Republican convention. Many are quick to criticize and declare that in regards to the conventions, the new ethics rules were a failed attempt to weaken the connection between lawmakers and lobbyists, and were merely superficial changes.

The House Ethics Committee for example decided that events honoring a group of members such as a particular caucus or state delegation were allowable. The new law also has an exemption for events that benefit a charity. So the proceeds of the Poker Players Alliance tournament will benefit Paralyzed Veterans of America.

According to CQ ($$), groups are on the look out for convention parties that violate the new ethics rules. "Lobbyists beware: Watchdog groups are making the rounds to monitor convention-goers' compliance with new ethics rules and call attention to events where corporate sponsors wine and dine members of Congress and their aides."

The Sunlight Foundation has launched its "Party Time" project that will track parties at the Democratic and Republican National Conventions and fund raising activities by all lawmakers. The Sunlight Foundation also released a list of 400 parties and other functions scheduled for the two party conventions.

And Public Citizen has released a report finding that corporate donors and lobbyists have contributed more than $112 million toward the national conventions. "This flood of unlimited soft money from special interests, and the lavish parties and wining and dining it pays for at the conventions, runs counter to the federal election law and congressional ethics rules."

However, an editorial in the Washington Post is a bit more pragmatic; "the new lobbying law has meant a decided change for the better in the nature of convention partying." It would be unrealistic to think that the ethics law that was put in place last year would completely end such activities. "But the new rules have brought with them a new and welcome caution for those on both sides of the partying transaction. The era of big gift bags is over."

The Alliance for Justice has released a new fact sheet, 501(c)(3)s at National Party Conventions.

BNA Money and Politics ($$) reports on some findings from the new database of lobbyist campaign contributions as required by the Honest Leadership and Open Government Act. "Lobbyists and the organizations they work for have disclosed nearly 100,000 contributions and other payments linked to members of Congress and other top officials under a new reporting system required by last year's lobbying and ethics reform law."

"Only a little more that 2,700 of the reported transactions involved 'honorary' payments, meeting expenses, and contributions to presidential library funds, which were not previously required to be disclosed. One researcher, Craig Holman of the watchdog group Public Citizen, said he has used the new database to calculate a total of $26 million just in direct campaign contributions by individual lobbyists to lawmakers over the first half of this year."

In doing a search on the House site, I found 97,662 disclosed contributions from both individual lobbyists and political action committees controlled by lobbyists or lobbying organizations, to candidates and political committees regulated under the Federal Election Campaign Act.

Attorney Kenneth Gross of the firm Skadden Arps Slate Meagher & Flom said the reports being filed under the new law are "of mild interest but contain no great revelations." Particularly interesting are the reports regarding money contributed by political action committees controlled by lobbyists and lobbying organizations, Gross suggested. Although the contributions themselves were required to be reported before, the link between this PAC money and particular lobbying interests was not necessarily known.

"The confusion over requirements did lead some organizations to report large payments honoring members of Congress, which may have been misleading." The new Senate site is here and the House site is here.

The Honest Leadership and Open Government Act of 2007 requires lobbyists and all lobbying organizations to file forms to the Senate and House by July 30 and Jan. 30 reporting contributions to political action committees, federal campaigns, and expenditures for events that honor officials covered by the law. A Wall Street Journal article describes some new understanding into lobbyists' contributions and other activity because of the new lobbying disclosure report, LD-203. "While many candidates decry special interests' influence in Washington, new reports show campaigns received $140 million from lobbyists in the first half of 2008." The public can search the disclosure reports in the House and Senate.

As of July 28, before the filing deadline, CQ Politics reported that "nearly $1.2 million is listed as 'honorary expenses' and another $300,000 as meeting expenses — all of it associated directly with either legislative or political events tied to lawmakers or government officials."

And CongressDaily ($$) details the confusion surrounding the new reporting requirements. "Lawyers advising clients on the LD-203 forms said guidance issued two weeks before the July 30 deadline caused a scramble to understand the changes. And lingering confusion over changes in requirements for reporting contributions by PACs and expenses at social events for lawmakers appears to have led to inconsistencies in those areas." The guidance might be revised before the next reporting deadline in January. Pam Gavin, the Senate's superintendant of documents, said; "In terms of the forms, it's as paint-by-the-numbers as you can get."

After some clamor, on July 16, 2008 the Secretary of the Senate and the Clerk of the House issued updated Guidance for the Lobbying Disclosure Act (LDA). Changes were made to the section on Form LD-203, the semiannual filing which individual lobbyists and their employers disclose contributions and other politically related expenditures. The form also has a certification that the filer has read, understands, and has not violated the gift and travel rules. This report is due July 30. The updated Guidance can be found here.

A National Journal ($$) column titled, "Just The Beginning The Implementation Of Congress' New Ethics Law Has Hit A Number Of Snags," covers some of the various remaining issues of the Honest Leadership and Open Government Act of 2007 (HLOGA). "As difficult as it was for Congress to enact lobbying and ethics changes last year, that may have been the easy part compared with actually carrying out and enforcing the new rules." The column references the letter a group of lawyers wrote to the House clerk and the Senate secretary asserting that the lobbying guidelines "significantly misinterpret" the HLOGA. "The guidelines included overly broad examples of when lobbyists must report donations to organizations controlled by lawmakers, and events that 'honor or recognize' a lawmaker or other official covered by the law, these critics said."

Regulations are overdue, disclosure forms and guidelines have come under fire, and a key congressional ethics office has failed to open on time. [. . .] But House leaders have yet to follow through on those appointments.

And there will be lobbying and ethics issues to be addressed in the future including tighter revolving-door rules, and better disclosure requirements for lawmakers involved private-sector job negotiations.

Legal counsel that represents labor and nonprofit organizations that register under the Lobby Disclosure Act (LDA) have written to the Secretary of the Senate and the Clerk of the House regarding the LD-203 Contributions Reporting System and the new LDA guidance. They are concerned that the new guidance "misinterprets" the Honest Leadership and Open Government Act (HLOGA), and are concerned that it will "chill ordinary interaction and association with Members of Congress and impose undue and unreasonable recordkeeping and reporting burdens on registrants and their employed lobbyists."

One item of contention is the Revised Guidance for section 203(a) of HLOGA, which requires lobbyists and groups that employ lobbyists to report all of their contributions to pay the cost of an event that honors a legislative or executive branch official. Example 3 in the new guidance states; "Registrant 'R' sponsors an event. Senator 'Y' is listed on the invitation as an attendee. Representative 'T' is listed on the invitation as a speaker. 'R' would disclose the date, amount, recipient(s) of funds, and 'Y' and 'T' as being recognized."

The letter explains that the "practical implications of Example 3 are far-reaching. Members of Congress and other government officials frequently attend or speak at events that are sponsored or funded, at least in part, by entities that employ lobbyists, including policy forums, seminars, meetings, conferences, conventions and other events that have nothing to do with 'honoring or recognizing' the officials." They ask that Example three is withdrawn from the guidance.

Meanwhile, the Washington Post reports that lawyers are "working overtime to field questions and complaints from lobbying groups eager to fill the thing out correctly by the July 30 deadline. [. . .] Jan W. Baran of Wiley Rein notes that the new law asks lobbyists to report any contributions they make to groups established, financed, maintained or controlled by members of Congress or their staff. Such groups include charities and schools named for sitting lawmakers. But he said there is no specific place on the form to list such expenditures. [. . .] Several lawyers also cite ambiguity in the form's instructions. For instance, it demands that lobbyists disclose payments they make in connection with events at which lawmakers and their aides are honored or recognized."

BNA Money and Politics ($$) reports that forms and instructions for the new lobbying disclosure form, LD-203, have been released. Lobbyists and their organizations, as mandated under the Honest Leadership and Open Government Act, will have to detail the amount of campaign contributions and other payments linked to lawmakers. The new disclosure form will have to be filed twice a year, first filing deadline is July 30, 2008.

The forms that lobbyists and lobbying organizations must fill out have menus calling for reporting of four types of contributions or payments:

• campaign contributions regulated by the Federal Election Commission, including contributions by a political action committee controlled by the lobbyist or organization;
• "honorary" expenses linked to lawmakers;
• expenses for meetings involving lawmakers; and
• donations to presidential libraries.

The form calls for reporting on honorary expenses, which Kenneth Gross of the firm Skadden Arps Slate Meagher & Flom warned in the BNA article that "using the words 'honorary expense,' the form may not make it clear that payment to an event where a member of Congress merely speaks or is recognized but is not honored must be reported."

Information is available from the Senate here or from the House here.

The National Association of Manufacturers' (NAM) challenge to a new member disclosure law was dismissed on April 11, followed by both the U.S. Court of Appeals and the U.S. Supreme Court refusing to grant a stay pending appeal. Now, the U.S. Court of Appeals for the District of Columbia Circuit has scheduled an oral argument for Sept. 12 with a decision expected weeks or months after the argument date.

NAM is appealing the lower court's decision that upheld disclosure provisions in the Honest Leadership and Open Government Act (HLOGA) that require coalitions and associations to reveal organizations that contribute at least $5,000 per quarter and actively participates in the lobbying campaigns. NAM charges that the member and affiliate provision is too vague, violating First Amendment rights of free association. The judge in April found that the provision was in fact narrowly defined.

Due to the Honest Leadership and Open Government Act of 2007, which amends the Lobbying Disclosure Act of 1995 (LDA), new guidance information has been issued. Section 5 of the LDA was amended by mandating an additional filing requirement, Form LD-203, to be filed semiannually by July 30th and January 30th. Information to be reported on new Form LD-203 includes certain contributions to political campaigns, honorary contributions, presidential library contributions, and payments for event costs. In addition, the filer must certify that they read and understand the Rules of the House and Senate relating to gifts and travel and has not provided, requested, or directed a gift with knowledge that it would violate either House or Senate Rules.

Senate guidance is available here and House guidance here.

"Yet, the congressional officials in charge of implementing the new disclosure system have provided no guidance, forms, or even computer passwords that thousands of lobbyists will need to comply with the new disclosure system required by the Honest Leadership and Open Government Act of 2007."

This reporting will apply not only to lobbying firms and organizations with in-house lobbyists; individual lobbyists also will have to report their campaign contributions and payments to charities linked to officials. Lobbying organizations and individual lobbyists will use the new forms to report their contributions, as well as payments for events honoring government officials, or charitable contributions to entities linked to members of Congress.

An article in the Washington Post shows an interesting connection; campaign spending and influence on policy. The National Association of Home Builders, one of the biggest corporate donors to politicians, stopped its campaign contributions "as a protest" until they considered that Congress was adequately regarding the weak housing market. "The decision showed how closely interest groups tie their donations to the actions they hope lawmakers will take on their behalf — a connection lobbyists do not want to flaunt for fear of legal and political repercussions."

According to the Center for Responsive Politics, the top ten Political Action Committees' (PACs) campaign contributions increased 9.3% from the 2001-2002 cycle to the 2005-2006 cycle. Unfortunately, to get favorable legislative results, withholding campaign contributions could be an effective strategy for the privileged. If only the less wealthy or even groups that do not make contributions, and perhaps even voters, can have such an influence.

Despite their continued appeal, the National Association of Manufacturers (NAM) revealed the names of 65 members on its website. Originally NAM filed a lobbying report that cited the pending case. NAM is opposed to a provision in the Honest Leadership and Open Government Act that requires groups to disclose those that contributed at least $5,000 each during the first quarter of the year and actively participated "in the planning, supervision or control of such lobbying activities." NAM argues that the requirement violates their First Amendment rights.

NAM continues to challenge the requirement in a case pending at the U.S. Court of Appeals for the D.C. Circuit. According to BNA Money and Politics ($$); "NAM said at that time that it would continue to pursue an appeal of the court decisions upholding HLOGA. The U.S. Court of Appeals for the District of Columbia Circuit granted April 28 NAM's request for an expedited appeal process . . . The move by the D.C. Circuit to allow an expedited appeal could permit a decision before the next lobbying-disclosure filing deadline date of July 21, according to a NAM lawyer."

For more background; from the latest OMB Watcher, "Court Upholds Stealth Lobbying Disclosure".

Yesterday, April 21, was the first filing deadline for lobbying reports under provisions of the new Honest Leadership and Open Government Act of 2007 (HLOGA). And unfortunately for the National Association of Manufacturers (NAM), a federal district judge turned down their request for a delay of the April 11 decision upholding the member disclosure provision. In addition, NAM's "emergency appeal" with the U.S. Court of Appeals for the District of Columbia Circuit was denied. NAM's last hope was the Supreme Court. However, Supreme Court Chief Justice Roberts rejected an emergency request to delay the requirement.

And reportedly, NAM has "filed its lobbying report for the first quarter of the year without naming its members, citing its pending legal battle to overturn that requirement in the law."

The National Association of Manufacturers' (NAM) challenge to a new member disclosure law was dismissed on April 11. NAM was challenging a provision in the Honest Leadership and Open Government Act (HLOGA) that requires coalitions and associations to reveal organization that contribute at least $5,000 per quarter and actively participates in the lobbying campaigns. The lawsuit attempted to block implementation of the new law, charging that the provision was too vague, and would interfere with their First Amendment right of free association. However, the judge found that the provision in question was "narrowly tailored to serve compelling government interests, and is neither vague on its face nor as applied to the NAM."

The Hill reports that NAM will ask for a stay and appeal the ruling. "We remain convinced that many of the law's burdensome and intrusive disclosure requirements will have a serious chilling effect on the constitutional rights of our members," NAM President John Engler said.

The Campaign Legal Center has updated its two page summary of the Honest Government and Open Leadership Act (HLOGA). The document is a great resource to have on hand with a clear outline of the different provisions of the law. Some of which have taken effect while others are still being interpreted and not yet implemented.