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The Sunlight Foundation uses cutting-edge technology and ideas to make government transparent and accountable. Underlying all of our efforts is a fundamental belief that increased transparency will improve the public's confidence in government
The Sunlight Foundation Blog
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White House Visitor Logs — 25k Records Released for Late September
Today the White House released its log of White House visitors for the period of September 16-30, 2009. (Here’s today’s announcement and the data.) More than 2,000 records specifically requested from the time period prior to September 16 have been released as well. Records for October 2009 — the first full month to which the visitor log publication policy applies — will be released in 30 days. (Continue reading…)
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New Stimulus Lobbying Policy Released
As promised by the White House, new stimulus lobbying policies have been released by OMB.
The new guidance clarifies restrictions on lobbying, lifting a more general limitation on meetings between federally registered lobbyists and administration officials, and clamping down on all communications regarding awards for carefully tailored time periods.
We’re particularly excited about this announcement:
A web tool is being developed to facilitate disclosure of lobbyist contacts concerning the Recovery Act, and the tool will be available shortly for your agency’s use.
…given that we’ve long advocated for better real-time disclosure of lobbying contacts online, going so far as to mockup what such a system might look like.
I’ve embedded the document below. H/t Ellen’s and Gabriela’s twitter feeds.
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Preview of New White House Lobbying Policy
The White House today announced significant changes being crafted in how the administration will regulate stimulus lobbying, in a new post today on WhiteHouse.gov from Norm Eisen, Special Counsel to the President for Ethics and Government Reform.
The administration’s move today to announce additional lobbying restrictions on stimulus spending recognizes that political influence is wielded by more than just registered lobbyists, moving to curb it in the most sensitive circumstances, while preserving the strongest part of the original program: the move to real-time online disclosure of contacts from registered lobbyists.
The new policy, according to the post: (bold added)
First, we will expand the restriction on oral communications to cover all persons, not just federally registered lobbyists. For the first time, we will reach contacts not only by registered lobbyists but also by unregistered ones, as well as anyone else exerting influence on the process. We concluded this was necessary under the unique circumstances of the stimulus program.
Second, we will focus the restriction on oral communications to target the scenario where concerns about merit-based decision-making are greatest –after competitive grant applications are submitted and before awards are made. Once such applications are on file, the competition should be strictly on the merits. To that end, comments (unless initiated by an agency official) must be in writing and will be posted on the Internet for every American to see.
Third, we will continue to require immediate internet disclosure of all other communications with registered lobbyists. If registered lobbyists have conversations or meetings before an application is filed, a form must be completed and posted to each agency’s website documenting the contact.
The first two points are really the same measure: the administration is banning all oral contacts from anyone, not just lobbyists, and targeting that provision to a very specific scenario.
Relying on the distinctions of the Lobbying Disclosure Act (which defines who must register as a lobbyist) was too easy to skirt, since the influential are often not lobbyists. This was one of the main complaints from CREW, ACLU, and ALL, who suggested lobbyists were being unfairly singled out, and pointed to well-heeled CEOs and campaign contributors who are clearly influential, but often fall below the 20 percent threshold for lobbying registration. Sunlight has often made this point as well, and CREW has already praised the forthcoming guidance.
It may seem radical to ban all oral communications between administration officials and the public, but this seemingly radical move is tempered by two points: first, the restriction applies to a narrowly defined situation where the administration has deemed merit-based decision making to be most sensitive; and second, the administration connects stimulus spending, in its gravity and sheer size, to the scope of potential corruption:
We concluded this was necessary under the unique circumstances of the stimulus program.
For perhaps the strongest evidence of the sort of merit-based decision making these policies seek to cultivate, we can look to Eisen’s post itself for evidence of our government engaging in good faith, in public, to find the best solutions to fit our most pressing problems. How often before now have we seen informal blog posts announcing a new policy before guidance has been issued, and suggesting it’s still under consideration?
This iterative, public approach to problem-solving should be interpreted as a sign of strength, and suggests that bold steps don’t just bring political risk, as they often can, but can also offer a productive strategy for finding public policy solutions. This is especially true of lobbying reform, where previous reforms have all come too late, as reactions to gross abuses. When the administration is willing to engage in a fruitful dialog to identify the best course of action, disagreements become relationships, and mistakes become lessons.
Other administration officials should follow Eisen’s lead, and see what the public (and stakeholder communities) have to offer.
The administration’s previous stimulus lobbying policies have seen significant praise and criticism, and has been subjected to an extensive review process, to which Sunlight has been a party.
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White House Lobbying Meeting: Public Debrief
Colleagues Daniel Schuman and Lisa Rosenberg and I just returned from the Eisenhower Executive Office Building, where a meeting was held by administration officials to help evaluate the new lobbying restrictions put in place for stimulus funds. Many other non-profits and coalitions represented various viewpoints on lobbying and ethics reform.
The administration, proactively protecting stimulus funds, instituted stringent new lobbying restrictions, banning oral communications from lobbyists on specific spending projects, and placing new disclosure requirements on executive branch employees who meet with lobbyists on stimulus policy.
To me, this looks like an imperfect law (the Lobbying Disclosure Act) being used as a foundation for imperfect lobbying restrictions, in the face of enormous and unprecedented stimulus spending. Whether the restrictions are proportional to the sudden need for competent spending is certainly up for debate. There seems to be little debate, however over whether the LDA is a sufficient vehicle for lobbying regulation. It isn’t. The LDA requirements are easily skirted, enforcement is lax, and many terms are insufficiently defined. (It’s probably fair to say that position was the consensus of the groups present, but certainly not presented as administration policy.)
(Continue reading…)
