Monday, June 01, 2009

President Obama broadens and hones lobbying restrictions for Economic Stimulus funds

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From:
Democracy 21

Democracy 21 Press Release, June 1, 2009, http://www.democracy21.org/


Democracy 21 applauds the steps taken by the Obama Administration on Friday, May 29, 2008 to revise the lobbying rules it established on March 20, 2009 to govern the distribution of stimulus funds from the American Recovery and Reinvestment Act of 2009 (Recovery Act).

The revisions carry forward the President’s stated goals of challenging special interest influence in Washington and increasing government transparency, combining public disclosure with the power of the Internet to quickly provide information to citizens.

The revised rules both broaden and narrow the coverage of it March 20 lobbying rules regarding stimulus funds. The revisions expand the coverage of the prohibition on oral communications by registered lobbyists about stimulus funds to apply to communications from all persons, not just registered lobbyists. They also focus the application of the prohibition on oral communications on the key period after competitive grant applications have been submitted and before grants have been awarded.

During this competitive bidding stage all communications initiated by anyone other than an agency official must be submitted in writing and will be posted on the Internet.

The revised rules serve to expand the information that will be provided to the public on the Internet about efforts to influence decisions about competitive grant applications submitted for stimulus funds.

At the same time, the revised rules narrow the original restriction on oral communications about stimulus funds to cover the period when competitive grant applications are under consideration.

The Obama Administration’s lobbying rules for the distribution of funds under the Recovery Act are precedent setting transparency reforms and open the door to similar kinds of rules be adopted for other activities conducted by the Executive Branch.

The initial Executive Branch lobbying rules for the stimulus package adopted on March 20, 2009 were intended to help "ensure the responsible distribution of funds for the Act's purposes and to provide public transparency and accountability of expenditures."

The unprecedented rules were established as a sixty-day pilot project, providing the Administration with the opportunity to review how the rules were working and to make appropriate adjustments. The revised rules announced on May 29, 2009 followed the expiration of the trial period and build on the lobbying rules adopted in March.

The original lobbying rules required Executive Branch departments and agencies to publicly post all written communications received from registered lobbyists concerning the commitment, obligation, or expenditure of funds under the Recovery Act for particular projects, applications, or applicants. These provisions continue in effect.

The rules also prohibited oral comminucations from registered lobbyists to Executive Branch officials concerning particular projects, applications, or applicants for funding under the Recovery Act, but allowed them in the case of communications to discuss general Recovery Act policies. In such cases where oral communications were allowed, the Executive Branch official receiving the communication was required to expeditiously post a summary of the communication received from the registered lobbyist by the deparment or agency involved. These rules have been both expanded in terms of the people being covered and narrowed in terms of the period to which they apply.

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Capital Bits and Pieces Vol. VII, No. 53 Released: Monday, June 1, 2009

Contact: Kristen Hagan
202-429-2008
khagan@democracy21.org

For the latest reform news and to access previous reports, releases, and analysis from Democracy 21, visit http://www.democracy21.org/ .


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