Client Alert

New Lobbying Law Deadline Approaches

June 10, 2008

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50 days and counting. . . is your organization ready?


The Honest Leadership and Open Government Act of 2007 (HLOGA) requires all organizations (companies, associations, etc.) that employ one or more federal lobbyists to execute and publicly file a new semiannual certification with the Secretary of the Senate and the Clerk of the House of Representatives. The first certification is due by July 30, 2008, and no extensions of the filing deadline will be granted.

Under HLOGA, one official must certify, under penalty of perjury, that the organization 1) has read and is familiar with the gift and travel rules of the Senate and the House of Representatives, and 2) has not made a gift, including travel, to a Congressional Member or staffer in violation of these rules. As a part of the certification, covered organizations also must disclose contributions over $200 to federal candidates, their leadership PACs, party committees, presidential libraries and inaugural committees; as well as payments for events honoring executive or legislative branch officials, and other disbursements to charities and other groups associated with elected officials. And, as if that's not enough, each lobbyist you employ must personally execute a similar certification.

Organizations covered by this law, face some tough questions:

  • What steps should we take to train our employees on the Congressional gift and travel rules?
  • Can we provide different types of training to different groups of employees?
  • What changes should be made to our employee handbooks and ethics codes?
  • How should we track the new types of contributions and payments that must be disclosed?
  • And, which official should execute the certification for the organization?

It's not too late to ensure that your organization complies with these new requirements. But it is critical to act now! Violators of the law face steep civil penalties and even jail. The lawyers in Womble Carlyle's Political Law Practice Group have extensive experience counseling clients regarding HLOGA and can help you with the new certification or other political law compliance needs.

Lawrence H. Norton and James A. Kahl served as General Counsel and Deputy General Counsel, respectively, of the Federal Election Commission, spanning the period from September 2001 to March 2007. As leaders of the FEC's legal team, Larry and Jim played a critical role in every aspect of implementation and enforcement of the landmark McCain-Feingold law. Larry and Jim advise clients in connection with campaign finance, lobbying and government ethics matters. With a combined 50 years of experience in all aspects of government regulation, they represent clients in agency investigations, rulemakings, and litigation. Larry and Jim are also frequent speakers on corporate political activities and compliance issues.

If you have any questions or would like more information, please feel free to contact Larry (email, (202) 857-4429) or Jim (email, (202) 857-4417).

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