New Lobbying Disclosure Act Guidance Issued

The Clerk of the House of Representatives and the Secretary of the Senate issued new guidance clarifying reporting requirements for registrants who list lobbyists for a new client on the quarterly report of lobbying activities (LD-2). In addition, the new guidance clarifies that both the registrant and lobbyist must file a semiannual contribution report (LD-203) regardless of whether or not they make reportable contributions.  The next LD-203 report is due July 30, 2010, and covers contributions and other payments made between January 1, 2010 and June 30, 2010.  The new guidance is in effect for the LD-203 report due on July 30.

New Lobbyists Listed on Quarterly Report of Lobbying Activities 

The new lobbying guidance emphasizes that registrants are required to list a lobbyist’s previous covered executive or legislative branch positions held within 20 years of first acting as a lobbyist for a client.  The lobbyist’s covered positions must only be reported on the first LD-2 in which he or she is listed for a new client.  The registrant is not required to list the new lobbyist’s covered positions on subsequent reports concerning the same client.  If the registrant lists a lobbyist for a different client, the registrant must list the new lobbyist’s covered official positions within 20 years of first acting as a lobbyist for a new client.

Active Registrants and Lobbyists Must File Semiannual Contribution Reports

The new lobbying guidance has also been updated to clarify that both registrants and lobbyists must file an LD-203 for each semiannual period in which they are active.  An active registrant is one that has not filed a valid termination report for all clients.  An active lobbyist is an individual who has been listed on the registrant’s lobbying registration (LD-1) or LD-2 at any time during the relevant six-month period and has not been terminated by the registrant on the registrant’s LD-2 update page prior to the next reporting period.  Both registrants and lobbyists are required to file the LD-203 regardless of whether or not they made reportable contributions.  Sole proprietors and small lobbying firms must file one report for the registrant and one filed by the listed lobbyist even if the lobbyist and registrant are the same person.

Contact Information

If you have any questions concerning this alert, please contact— 

Melissa L. Laurenza        
Washington, D.C.

Carrie M. Hoback  
Washington, D.C.

Julie B. Hodgson
Washington, D.C.