The White House - Blog Post - Update on Recovery Act Lobbying Rules: New Limits on Special Interest Influence

The White House - Blog Post - Update on Recovery Act Lobbying Rules: New Limits on Special Interest Influence

What has happened to that phrase "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. "?
Apparently one can no longer speak out against the Stimulus plan without breaking federal law?

Update on Recovery Act Lobbying Rules: New Limits on Special Interest Influence

Another update from Norm Eisen, special counsel to the president for ethics and government reform, in the spirit of transparency as always:

I am writing with an update on the President’s March 20, 2009 Memorandum on Ensuring Responsible Spending of Recovery Act Funds. Section 3 of the Memorandum required all oral communications between federally registered lobbyists and government officials concerning Recovery Act policy to be disclosed on the Internet; barred registered lobbyists from having oral communications with government officials about specific Recovery Act projects or applications and instead required those communications to be in writing; and also required those written communications to be posted on the Internet. That Memorandum instructed the Office of Management and Budget (OMB) to review the initial 60 days of implementation of the stimulus lobbying restrictions, to evaluate the data, and to recommend modifications.

Following OMB’s review, the Administration has decided to make a number of changes to the rules that we think make them even tougher on special interests and more focused on merits-based decision making.

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.

OMB will be consulting with agencies, outside experts and others about these principles and will publish detailed guidance, but we wanted to update interested parties on the outcome of the initial review. We consulted very broadly both within and outside of government (including as reflected in previous posts on the White House blog) and we are grateful to all those who participated in the process.

Also see: http://www.newmediajournal.us/government.htm

Public Now Restricted from Orally Redressing Government on Stimulus
The New Media Journal (Hat-tip to Ace of Spades HQ)
In a May, 29, 2009 posting on the WhiteHouse.gov website by Norm Eisen, Special Counsel to President Obama for Ethics and Government Reform, it is disclosed that the public will be included in a restriction barring lobbyists from having oral communications with government officials about specific Recovery Act Projects. Instead, the public is limited to redressing their government through the written word. "I am writing with an update on the President’s March 20, 2009 Memorandum on Ensuring Responsible Spending of Recovery Act Funds. Section 3 of the Memorandum...barred registered lobbyists from having oral communications with government officials about specific Recovery Act projects or applications and instead required those communications to be in writing...First, we will expand the restriction on oral communications to cover all persons, not just federally registered lobbyists...We concluded this was necessary under the unique circumstances of the stimulus program." The new restriction, although it does not transgress the rights of the American people to redress their government -- the option of writing elected officials or visiting their offices in person to register a complaint or comment is still available to the public -- severely limits public accessibility to elected officials on matters of governmental performance. The First Amendment of the Bill of Rights, penned in 1789, specifically states, "Congress shall make no law...abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Republicans and many "Blue Dog" -- or centrist -- Democrats have criticized the Obama Administration and Democrat leadership for the large amount of pork and waste in government spending that was incorporated into the $787 billion Recovery Act. The new declaration by the White House eliminates one of the most convenient ways for American citizens to redress government and, given the apathy of the American people on matters of actively confronting bad government, essentially eliminates one of the most potent avenues for governmental redress available to the American people. The White House does, however, offer an email form page for comments.