Government Matters Articles

Questions about LDA Guidance Remain

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.

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Senate Likely to Confirm First-Ever Chief Performance Officer

On June 16, the Senate Homeland Security and Governmental Affairs Committee (HSGAC) voted to approve the nomination of Jeffrey Zients to serve as the nation's first Chief Performance Officer (CPO), moving the issue to the full Senate.

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Torture Photo Disclosure Ban out of War Spending Bill but Still Possible

During the week of June 8, an amendment seeking to block disclosure of photos of abused detainees in U.S. custody was removed from the Supplemental Appropriations Act of 2009 (H.R. 2346). However, Sens. Joseph Lieberman (I-CT) and Lindsay Graham (R-SC), sponsors of the amendment, have pledged to insert the language into other legislation. Moreover, the release of the torture photos is the subject of a lawsuit that may reach the U.S. Supreme Court.

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Congress Inches Closer to Final War Supplemental Vote

Legislation appropriating over $100 billion for continued war funding (H.R. 2346) is moving closer to a final vote in Congress, despite significant delays and recent disagreements during conference committee negotiations. The main issues of contention include the release of detainee photos, a funding provision for the International Monetary Fund, and overall concerns related to the bloated cost of the bill. President Obama originally requested $90 billion for the legislation, but that figure has grown to $106 billion.

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Commentary: Defense Acquisition Reform -- Where Do We Stand?

Recent events are pointing to a shift in the way the Department of Defense (DOD) will implement future government contracts. The passage of a new law, the planned addition of much-needed acquisition personnel at DOD – by far the government's largest contracting agency – and an intended top-to-bottom overhaul of the Air Force's procurement process are all geared toward reforming a system ripe with waste, fraud, and abuse. Despite significant progress, these reforms face critical challenges ahead.

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OIRA's Role in the Obama Administration Examined

A panel of regulatory policy experts discussed how the White House Office of Information and Regulatory Affairs has been functioning during the Obama administration and how reforms could benefit the public. The discussion came as the White House prepares to issue a new executive order that could alter the way regulations are written.

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Food Safety Legislation Progresses Slowly

The first steps on real food safety reforms were the subject of a House hearing June 3 in the Energy and Commerce Committee's Subcommittee on Health. The subcommittee unveiled the Food Safety Enhancement Act of 2009, a synthesis of several different bills that had been introduced earlier this session.



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Grassley Seeks Disclosure of Ethics Waivers

Sen. Charles Grassley (R-IA) is determined to make public every ethics waiver issued to former lobbyists who now work in the Obama administration. A Jan. 21 executive order put in place restrictions on lobbyists who work for the federal government. The order included a waiver process, allowing exemptions if the "application of the restriction is inconsistent with the purposes of the restriction" or if it is in the "public interest." Grassley is prodding the administration to disclose all waivers granted under the policy. Grassley has also requested information on every letter of recusal that waived employees have on file.

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Bills Would Require Disclosure of "Fracking" Chemicals

Bills recently introduced in both the House and Senate seek to force natural gas drilling companies to disclose what chemicals are pumped into the ground in a practice known as hydraulic fracturing, or "fracking." Although the process has been linked to drinking water contamination and other harms to public health and the environment, companies are currently allowed to conceal the toxic chemicals they use.

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White House Announces Changes to Recovery Act Lobbying Memo

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.

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