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.