On April 7 the Office of Management and Budget issued Interim guidance to help employees comply with the March 20 memorandum that put in place restrictions on communications between registered lobbyists and executive branch officials regarding the American Recovery and Reinvestment Act of 2009, also known as the economic stimulus package. The guidance has a list of frequently asked questions, providing examples of how administration officials should react to specific questions. The memo offers significant illustrative points, for example, Section 3 details procedures for oral communications between agency officials and federally registered lobbyists. However, the changes impact the nonprofit community in the same manner.

Section A of the Interim instructions further clarifies that oral communications with registered lobbyists on general and logistical questions related to the Recovery Act are unrestricted. Examples of permissible conversations include: how to apply for funding, how to conform to deadlines, and requests for information about program requirements. Section B confirms that there are no restrictions on verbal communications with registered lobbyists at widely attended gatherings, as defined in ethics rules.

Section C details the procedure when oral communications with Federally registered lobbyists do take place. If anyone within an agency is contacted by a registered lobbyist by phone or in person, they must inform them of the restrictions. And if verbal communication continues with a registered lobbyist, the government employee can only discuss general policy issues and not particular projects, or applications for funding. A particular project is considered to be "(i) a discrete and identifiable transaction, or set of transactions (ii) in which specific parties have expressed an interest."

Further, whether it is in person or on the phone, each discussion about the Recovery Act with a registered lobbyist must be documented and posted online within three days. The documentation must include the date of contact, names, the name of the lobbyist's client(s), and a one-sentence description of the substance of the conversation. All written communications received from registered lobbyists must be forwarded to the designated agency official, and it must be then posted on the agency's website within 3 business days.

Interestingly, these rules only apply to Federally registered lobbyists, so then state registered lobbyists free to discuss specific Recovery Act projects. And again, a familiar concern arises, the focus on registered lobbyists.