New lobbying laws on gifts take effect

Washington鈥擴nder a tough new lobbying law, that cup of Joe you buy for a member of Congress just might be a “gift” depending on when you give it.

The ADA, ADA staff and others acting as ADA representatives are prohibited from giving gifts to members of Congress or their staff. A gift is considered to be anything of value, whether payment for a simple item like a cup of coffee in a one-on-one setting, a taxi fare, complimentary show tickets or an invitation to a round of golf to benefit a charity. A gift of any item of value is prohibited.

The rules, based on legislation passed in 2007 and implemented in 2008, primarily affect the ADA as a registered federal lobbying organization and the Association’s registered staff lobbyists, who must sign forms certifying they have not violated gift ban rules and meet other reporting requirements. These requirements are still emerging even as the forms become available and the deadlines approach.

The first of these new filing reports is due on July 30, and the Association will update members on ADA.org as information becomes available. The Association is committed to providing continuing information on this law and its requirements as they relate to ADA members and staff.

Under the new lobbying law, an ADA member’s activities are covered only when acting as an Association representative. However, unless there is evidence to the contrary, an ADA member’s actions will be always be assumed to be benefiting the Association. Accordingly, ADA members should not give anything to a federal legislator or their staff that might be construed as a gift.

There are exceptions to the gift rules, and the ADA has established a compliance program to assist Association members in complying with them. Look for more information and guidance on ADA.org in the near future. As for ADA’s staff lobbyists, the paperwork just gets heavier.

ADA members who belong to other organizations may wish to consult those organizations on the lobbying rules.