New congressional guidance on lobbyist reporting and registration termination under the Lobbying Disclosure Act (LDA) has sparked concerns over accuracy and potential conflicts with current law. The guidance addresses filing requirements for lobbyists, as well as criteria for deregistering as a lobbyist, particularly important given President Barack Obama's hiring rules that place restrictions on those who have lobbied in the past two years. The deregistration rules may create enormous loopholes that could result in non-reporting of lobbyist activities.

In a blog post on May 29, Norm Eisen, Counsel to the President for Ethics and Government Reform, announced changes to President Obama's March 20 memorandum that placed restrictions on communications between federally registered lobbyists and executive branch employees regarding the use of Recovery Act funds. After completing a 60-day review, the administration modified the oral communications ban to include not just federally registered lobbyists, but everyone who contacts government officials. However, that ban appears to only apply to competitive grant applications that have been submitted for review.

Updated April 20, 2010

President Barack Obama's March 20 memo restricts communications between federally registered lobbyists and executive branch employees on use of Recovery Act funds and requires disclosure of written communications. A closer examination of the summaries of lobbyist contacts with federal agencies shows that there are few online postings of those communications; some agencies have not posted any contacts at all.

It appears that the Obama administration’s restrictions on lobbying are drawing criticism even as the administration defends the policies. The controversy surrounds two policy documents: one addresses restrictions on hiring lobbyists and others as political appointees, and the other focuses on communications by lobbyists about use of Recovery Act funds.