Daniel SchumanPolicy Counsel

dschuman@sunlightfoundation.comTwitter: @danielschuman

Executive Branch Lobbying Rules

October 22, 2009

Executive Branch Lobbying Timeline

Stimulus (Main St.)• American Recovery and

Reinvestment Act of 2009 (Feb. 16)

• Presidential Memorandum (Mar. 20)

• OMB Interim Guidance (Apr. 17)

• OMB Updated Guidance (July 24)

TARP (Wall St.)• Economic Stabilization Act

of 2008 (October 3, 2008)

• Treasury Press Release (Jan. 27)

• SIGTARP Report (August 6)

• Treasury Guidance (Sep. 10)

Executive Branch Lobbying Rules

• Pres. Obama’s transparency pledge

• Implemented by executive fiat

• TARP and stimulus are temporary

• Lobbying disclosure rules are experimental

Executive Branch Lobbying Disclosure

• Federal officials must disclose certain contacts

• Whether oral or in written form

• Within 3 days

• For publication on agency website

Executive Branch Lobbying DisclosureRules Are Based Upon:

• Who is communicating

• Whether the communication is written or oral

• The subject matter of the communication

• When the communication takes place

Stimulus Lobbying Rules: 2 Phases

1. Interim Lobbying Rules (Apr. 17)– Limited to federally registered lobbyists– Broader duration ban on oral communications– Ignores written policy communications

2. Updated Lobbying Rules (July 24)– Expanded to all persons who lobby– Narrower duration ban on oral communications– Includes written policy communications

Interim Stimulus Lobbying Rules

These rules apply only to registered lobbyists

Interim Stimulus Lobbying Rules Specific Funds Oral Communications Ban

(Lobbyists only)

Updated Stimulus Lobbying Rules:When to Disclose Communications

CONTENT HOW PERIOD PERM’D RECORD POSTED

Logistical Questions or

Widely Attended Gathering

Oral or Written

Any time Yes No --

Policy Matters Oral or Written

Any time Yes Yes Yes, within 3

days

Specific Funds Oral or Written

Any time but decisional

period

Yes Yes, unless @ widely

attended meeting

Yes, within 3

days

Specific Funds Oral Decisional period

No (unless initiated by Federal Exec.

Official)

-- --

(Applies to all people, not just lobbyists)

Updated Stimulus Lobbying Rules Discussion

Oral communications ban duration narrowed:

(Applies to all people, not just lobbyists)

Updated Stimulus Lobbying Rules Discussion

Exceptions to oral communications ban:

– Chief executives of state, local, or tribal gov’ts

– State legislature presiding officers/maj. leaders

– Federal government employees (including Members of Congress)

TARP Lobbying Rules

“Oral or written communications with any outside person or entities regarding EESA

funding determinations”

TARP Lobbying Rules

TARP Lobbying Rules:Oral Communications Ban

Applies to all persons (with a few exceptions)

TARP Lobbying Rules:Oral Communications Ban Exceptions

• Communications initiated by Treasury officials

• Communications between a federal executive agency official and a Treasury employee

• (Logistical information)• (Widely attended gathering)

TARP Lobbying Rules

(It’s unclear what pending means)

TARP Lobbying Rules:Written Communications Reporting

• New class of people: “EESA applicants or their representative”– people asking for money

• Rules don’t include:– Business partners– Foreign lobbyists (FARA)– Others?

TARP Lobbying Rules:Practical Effects

Only 2 communications have been disclosed online since the TARP lobbying rules went into effect 1 month ago. Both disclosures were late.

– Are there other communications waiting to be disclosed?

– Are the rules sufficiently broad to provide full lobbying transparency?

Open Questions

• Why can Members of Congress intervene with stimulus lobbying but not TARP lobbying?

• What is the appropriate duration for the ban on oral communications?

• What is the best way to make the disclosures available to the public? In an online database?

• Are the rules sufficiently clear for staff to follow?