Christopher DeLacy is a Partner and Andrew Emerson is an Associate in the Washington D.C. office
Today, the Obama Administration issued revised guidance regarding federal lobbyists serving on federal advisory boards and commissions. Now, instead of a total ban, federal lobbyists will be able to serve in a "representative" but not an "individual" capacity, meaning that lobbyists must be representing a specific entity and not themselves as individuals. This revision appears to have been made in response to a pending federal lawsuit and represents a set-back for an Administration that, at one point, placed heavy emphasis on reducing the power of lobbyists.
New Advisory Committee Lobbyist Rules
Under the revised guidance from the Office of Management and Budget (OMB), federally registered lobbyists may serve on an advisory committee, board, or commission so long as they are not acting in an "individual capacity." In this Revised Guidance, the term "individual capacity" refers to individuals who are appointed to committees to exercise their own...
