Lobbying and Ethics Executive Order Should be Amended
by Amanda Adams*, 4/15/2009
OMB Watch has signed on to a letter requesting that the administration amend the Jan. 21 executive order putting in place restrictions on lobbyists who work for the federal government. Expressing frustration with the new rules, the letter urges the White House to focus on the influence of money and isolate public interest lobbying.
Under the ethics order, a registered lobbyist can not work for an agency they lobbied during the previous two years. Three waivers have been issued for former lobbyists that now have jobs in the administration. Many individuals working in nonprofits are registered lobbyists under the Lobbying Disclosure Act (LDA). The letter states that the rules are causing unintended consequences to nonprofit organizations. "Non-profit advocates perform a vital service when they provide information to the federal government, but they will now be penalized for doing so. Many individuals and groups will decide it is not worth the cost." Discouraging such civic participation and public interest lobbying was not the intention of the order. Other organizations signing on include Citizens for Responsibility and Ethics in Washington, Leadership Conference on Civil Rights, and the Project on Government Oversight.
The group put together proposals to amend the order, including exempting those who work for a tax exempt 501(c)(3) or 501(c)(4) social welfare organization from the hiring restrictions. Therefore, such lobbyists will be automatically granted a waiver and allowed to be work in the Obama administration. Expanding the number of waivers being offered to public interest lobbyists might help encourage democratic participation.
The memo also suggests that President Obama issue a statement outlining the reasons why the rules do not apply to public interest lobbyists as opposed to those who work to advance "the private financial interests of a specific group. [. . .] The statement should note that, to the contrary, encouraging increased participation by these nonprofits and their constituents is essential to providing increased accountability, information and trust in government."
The third proposal is to improve the waiver process by disclosing all waivers and lobbying information. Waivers could be posted on a website that also has information on legislative and executive branch lobbying expenditures and activities, along with campaign contributions.
Currently, the ethics rules just perpetuate systematic corruption, undermining transparency and accountability. Gary Bass, executive director of OMB Watch, was quoted in the Chronicle of Philanthropy ($$) commenting on the letter. "We think that the president should take aim at the real problem, which is the corrupting influence of money."
