As the nation looks forward to giving thanks with family and friends, the Office of Government Ethics (OGE) will be proposing revisions to regulations that specify when employees of the federal executive branch must say, “No, thanks.” These changes are only proposals at this time and have not yet taken effect. Many of the changes
Highlights from Wagner; D.C. Circuit Upholds Contributions Restrictions But Limits Ruling
The Wagner case, decided today by the D.C. Circuit, is important because of its analysis of the constitutionality of federal campaign contribution restrictions and, by extension, of pay-to-play laws generally. Covington has been monitoring this case since the district court decision in 2012, to the argument before the D.C. Circuit in 2013, and the decision
The SEC & Big Data
In our discussion of the Securities & Exchange Commission’s (SEC) actions over the past year, we described how the SEC is ramping up enforcement of its pay-to-play restrictions. We also pointed out an acknowledgment by an agency enforcement official that the agency is “actively looking” for violations and that the agency does its own “surveillance.”
Ethics Enforcement in the 114th Congress
The notion that the House and Senate Ethics Committees are inactive bodies, often implied in media coverage, is far from the truth.
During the previous Congress, the House Ethics Committee issued more than 900 formal advisory opinions and addressed more than 40,000 informal requests for guidance. In the first half of the 113th Congress alone,
FINRA Likely to Adopt Pay-to-Play Rule
On November 14, the Financial Industry Regulatory Authority (FINRA) issued a notice asking for comment (by December 15) on its proposal to establish three rules designed to restrict pay-to-play practices. The three rules include a pay-to-play prohibition (Rule 2390), a disclosure requirement (Rule 2271), and a recordkeeping requirement (Rule 4580). The rules largely track the
New, Strict “Reverse” Revolving Door Restrictions in Pennsylvania?
On October 15, Pennsylvania’s legislature sent House Bill 201 to Governor Tom Corbett for signature. The legislation would prohibit a government employee from evaluating bids for state contracts submitted by his or her former employer for two years.
This legislation is interesting for a few reasons. First, it is a twist on what are commonly
New York State Regulator Adopts New Ethics Rules
New York State’s lobbying and ethics regulator, the Joint Commission on Public Ethics (JCOPE), released a number of new rules, effective this week, including rules on the giving and receiving of gifts, honoraria, and payment for expenses.
JCOPE, which was established by the state’s Public Integrity Reform Act of 2011, is the first state agency
In Chevron Case, FEC Brings Clarity to the Federal Contractor Ban and Super PACs
The rules on corporate contributions to Super PACs were made clearer today when the Federal Election Commission (FEC) released its finding that Chevron Corporation’s $2.5 million contribution in 2012 to the Congressional Leadership Fund (a Super PAC) had not violated the bar on government contractors making contributions in federal elections.
Public Citizen and several environmental
After McCutcheon, Are Limits on Party Committee and PAC Contributions Justifiable?
The Supreme Court’s latest major campaign finance decision, McCutcheon v. FEC, “does not involve” a challenge to current limits on contributions to political party committees and PACs, which the Court “previously upheld as serving the permissible objective of combatting corruption.” But it nonetheless provides fodder for those who would challenge party and PAC limits.
Contractors Handed 4-Year Ban Under New Jersey Township’s Pay-to-Play Law
Medford, New Jersey recently disqualified five would-be city contractors from receiving municipal contracts until 2017 for allegedly making political contributions in violation of the Township’s pay-to-play ordinance.
The ordinance, adopted in 2012, imposes an automatic four-year bar on contracting with a company that contributes to candidates or committees in excess of the law’s per-recipient