[Ip-health] OMB Revises Guidance on Appointment of Lobbyists to Federal Advisory Committees, Boards, and Commissions

Jamie Love james.love at keionline.org
Sat Aug 16 10:46:48 PDT 2014


Source URL: http://keionline.org/node/2075

OMB's Revised Guidance on Appointment of Lobbyists to Federal Advisory
Committees, Boards, and Commissions

August 2014

Following litigation by several lobbyists, OMB is revising its guidance on
the appointment of lobbyists to federal advisory committees, boards, and
commissions. Now, lobbyists can serve on these committees, including the
USTR advisory boards. Money quote:

"The lobbyist ban does not apply to lobbyists who are appointed in a
“representative capacity,” meaning that they are appointed for the express
purpose of providing a committee with the views of a nongovernmental
entity, a recognizable group of persons or nongovernmental entities (an
industry sector, labor unions, or environmental groups, etc.), or state or
local government. Appointing authorities already are required to clearly
designate the role of committee members to assure their conformity with the
applicable conflict of interest rules."

So, there could not be a bigger loophole for a lobbyist, given the fact
that their business is to act in a "representative capacity." But even more
to the point, the earlier so-called lobbyist ban which this OMB advisory
modified and relaxed, only applied to persons who were registered to lobby
the Congress, not to those who supervised the registered lobbyists, or
those who, for a variety of reasons, did not have to register, but worked
in job's where they sought to influence federal policy on a daily basis. So
in practice, the new policy changes little, except the optics of the
relationship between federal agencies and the thriving influence industry.

Here is a link to the new guidance:

Revised Guidance on Appointment of Lobbyists to Federal Advisory
Committees, Boards, and Commissions
A Notice by the Management and Budget Office on 08/13/2014

Document Citation: 79 FR 47482 Page: 47482 -47483 (2 pages)
Document Number: 2014-19140
Shorter URL: https://federalregister.gov/a/2014-19140 [2]

ACTION

Notice Of Revised Guidance.

SUMMARY

On June 18, 2010, President Obama issued “Lobbyists on Agency Boards and
Commissions,” a memorandum directing agencies and departments in the
Executive Branch not to appoint or re-appoint federally registered
lobbyists to advisory committees and other boards and commissions. The
Presidential Memorandum further directed the Director of the Office of
Management and Budget (OMB) to “issue proposed guidance designed to
implement this policy to the full extent permitted by law.” The
Presidential Memorandum is available at
http://www.whitehouse.gov/the-press-office/presidential-memorandum-lobby...
[3]. OMB posted proposed guidance on November 2, 2010, and published final
guidance on October 5, 2011. See 76 FR 61756. OMB is now issuing revised
guidance regarding the prohibition against appointing or re-appointing
federally registered lobbyists to clarify that the ban applies to persons
serving on advisory committees, boards, and commissions in their individual
capacity and does not apply if they are specifically appointed to represent
the interests of a nongovernmental entity, a recognizable group of persons
or nongovernmental entities (an industry sector, labor unions,
environmental groups, etc.), or state or local governments.

Links:
[2] https://federalregister.gov/a/2014-19140
[3]
http://www.whitehouse.gov/the-press-office/presidential-memorandum-lobbyists-agency-boards-and-commissions

-- 
James Love.  Knowledge Ecology International
http://www.keionline.org, KEI DC tel: +1.202.332.2670, US Mobile:
+1.202.361.3040, Geneva Mobile: +41.76.413.6584,   twitter.com/jamie_love



More information about the Ip-health mailing list