Category — OMB

On September 10, 2009, the Department of the Treasury issued guidance regarding communications with outside persons regarding Emergency Economic Stabilization Act funds (EESA) and Recovery Act funds. EESA is the implementing statute for the Troubled Asset Relief Program (TARP). The new guidance closely follows guidance issued by the Office of Management and Budget (OMB) on July 24, 2009, (see previous client alert here) and seeks to preserve consistency between Treasury guidance and OMB guidance.

The new guidance clarifies that communications between federal agency officials and outside persons, including federally registered lobbyists, concerning general logistical questions about Recovery Act funding or implementation are unrestricted. That is, requests for a meeting, inquiries concerning the status of an action, inquiries concerning the deadlines or logistics of Recovery Act funding opportunities or other similar administrative requests that do not involve advocacy concerning Recovery Act policy or a particular project or application for funding under the Recovery Act are not subject to restriction and need not be publicly disclosed.

Click here to read the full alert.

In March 2009, President Obama issued a memorandum outlining new restrictions on lobbyists concerning the American Recovery and Reinvestment Act of 2009 (”Recovery Act”).  (Please click here to read our alert on the March 20 memorandum.)  Subsequently, the White House announced that the restrictions would be revised and additional guidance would be forthcoming from OMB.  (Please click here to read our alert on the May 29 announcement).  On July 24, 2009, OMB issued revised guidance. 

While the Administration’s emphasis continues to be on increased disclosure of lobbyist communications regarding Recovery Act issues, the latest guidance clarifies that the prohibition on oral communications only applies during a specific time period and applies to all communications, not just those made by federally registered lobbyists.  As has been the case since the May 2009 announcement by the White House, lobbyists may attend and participate in phone calls and meetings with federal officials so long as the communications are not within the covered period.

Click here to read the full alert.

The Office of Management and Budget (OMB) has released new guidance for federal agencies carrying out programs and initiatives in the Recovery Act. The Guidance is intended to “establish and clarify the required steps Federal agencies must take to meet the accountability objectives” outlined in the Recovery Act.

To download a copy of the OMB’s new guidance, please click here.