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A Guide to Federal Governmental Affairs Compliance by Charles F. Marshall
Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P.
Raleigh Office
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September 18, 2009
Previously published on October 2008
The enactment of the Honest Leadership and Open Government Act of 2007 ("Lobbying and Ethics Law") has given Federal lobbyists - and companies, associations and firms that employ them - a shock to the system.
Gone are the days when a lobbyist can buy lunch for a legislative staff member in the House cafeteria. So too are the days when a company's government affairs compliance is as simple as signing a lobbying disclosure form twice a year. The rules for communicating with Federal officials have changed - and the consequences of noncompliance are serious. It is essential that companies, associations, and individuals lobbying before Congress understand the new rules and the importance of complying with them.
Congress passed the new Lobbying and Ethics Law in response to the high-profile scandals that plagued Capitol Hill during the last several years, including the widely-publicized scandal involving former lobbyist Jack Abramoff. To put teeth in the new rules, Congress increased the civil fi nes for noncompliance from $50,000 to $200,000 and imprisonment for up to 5 years for those who "knowingly and corruptly fail to comply" with the rules.
This Memorandum only discusses the lobbying and ethics rules as applied to interactions with Members of Congress and legislative employees. There are separate lobbying and ethics rules that apply to interactions with executive agencies.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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