Independent Sector Seeks Changes in White House Lobbying Restrictions

May 21, 2009

Independent Sector Seeks Changes in White House Lobbying Restrictions

Independent Sector, a national coalition of charities and foundations, has asked the Obama administration to rescind or modify rules that restrict contacts between lobbyists and federal officials regarding the $787-billion economic-stimulus law enacted in February.

The rules, which the White House said it designed to ensure that spending decisions are not made “in response to improper influence or pressure,” say that registered lobbyists may communicate with administration officials about specific stimulus projects only in writing — no phone calls or in-person contacts.

“While we applaud the administration’s efforts to bring the highest standards of transparency and accountability to the distribution and use of government funds intended to strengthen our economy and assist the millions of Americans who are suffering in these difficult times, we believe the prohibition on conversations between registered lobbyists and government officials is deterring, rather than enhancing, such accountability,” said Patricia Read, senior vice president of public policy and government affairs at Independent Sector, in a letter to the White House Office of Management and Budget.

Ms. Read said that many nonprofit organizations that are “critical partners to government in delivering vital services to people in need” employ staff members or hire outside consultants “to assist them in sharing their expertise and experience with government officials.”

When these people meet certain criteria established under federal law, they register as lobbyists and file regular, detailed reports on their activities that are on the public record, Ms. Read said.

Many of these charity lobbyists “have substantial program responsibilities as well,” said Ms. Read, “and are frequently the most knowledgeable and capable representatives to communicate their organizations’ concerns, questions, and recommendations to the relevant government officials.”

‘Unintended Consequences’

But Ms. Read said the directives in the administration’s rules were preventing registered charity lobbyists from playing that role.

“It now appears that those directives have had further unintended consequences of restricting all communications between federal agency officials and registered lobbyists, as we have heard numerous reports that cautious agency staff are now refusing to talk to registered lobbyists on any matter, including those unrelated to stimulus funds,” said Ms. Read.

Independent Sector is asking the White House to rescind or modify the restrictions “to permit all individuals and organizations — including those who register as federal lobbyists — to share their knowledge and insights, as well as their critiques, with public officials regarding economic recovery efforts or any of the many pressing matters facing our nation,” Ms. Read said.

She added that Independent Sector would welcome the chance to confer with the administration on alternatives “that might accomplish our shared goal of ensuring the fair, responsible, and effective distribution of [economic-stimulus] funds to achieve economic recovery while protecting the constitutional rights of individuals and organizations represented by registered lobbyists.”

The White House has said that its rules, which also have been criticized by other organizations, are tough but fair.

See The Chronicle’s coverage of the conflict over the stimulus rules and separate rules limiting the ability of lobbyists to get administration jobs.

— Grant Williams

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