Proposed Guidance on Appointment of Lobbyists to Federal Boards and Commissions, 67397-67399 [2010-27621]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Notices
Closed Session
1. Approval of agenda.
2. Approval of Minutes of the Board’s
October 19, 2010 closed session
meeting.
3. Briefing on Management’s plans for
addressing reported problems at one of
LSC’s grantees.
4. Briefing on status of Management’s
response to the Inspector General’s
audit report regarding the Technology
Initiatives Grants (‘‘TIG’’) program.
5. Consider and act on proposal
regarding a research project.
6. Consider and act on a Management
recommendation regarding an employee
benefits matter.
a. Presentation by Alice Dickerson,
Director, Office of Human Resources,
and David L. Richardson, Comptroller.
7. Briefing on internal employment
matter.
a. Presentation by Linda Mullenbach,
Senior Assistant General Counsel, and
Alice Dickerson, Director, Office of
Human Resources.
8. Consider and act on other business.
9. Consider and act on adjournment of
meeting.
CONTACT PERSON FOR INFORMATION:
Katherine Ward, Executive Assistant to
the Vice President & General Counsel, at
(202) 295–1500. Questions may be sent
by electronic mail to
FR_NOTICE_QUESTIONS@lsc.gov.
SPECIAL NEEDS: Upon request, meeting
notices will be made available in
alternate formats to accommodate visual
and hearing impairments. Individuals
who have a disability and need an
accommodation to attend the meeting
may notify Katherine Ward, at (202)
295–1500 or
FR_NOTICE_QUESTIONS@lsc.gov.
Dated: October 29, 2010.
Patricia D. Batie,
Corporate Secretary.
[FR Doc. 2010–27809 Filed 10–29–10; 4:15 pm]
BILLING CODE 7050–01–P
closed to the public pursuant to a vote
of the Board of Directors authorizing the
Committee to consider the qualifications
of applicants for the position of LSC
President for the purpose of identifying
candidates to interview.
Such closure is authorized by the
relevant provisions of the Government
in the Sunshine Act [5 U.S.C.
552b(c)(6)] and LSC’s implementing
regulation 45 CFR 1622.5(e).1
A verbatim written transcript will be
made of the closed session of the Board
meeting. However, the transcript of any
portions of the closed session falling
within the relevant provisions of the
Government in the Sunshine Act [5
U.S.C. 552b(c)(6)] and LSC’s
implementing regulation 45 CFR
1622.5(e), will not be available for
public inspection. A copy of the General
Counsel’s Certification that in his
opinion the closing is authorized by law
will be available upon request.
MATTERS TO BE CONSIDERED:
Closed Session:
1. Approval of agenda.
2. Review and discuss applications for
the position of LSC President and select
from among those candidates for further
consideration.
3. Consider and act on other business.
4. Consider and act on adjournment of
meeting.
CONTACT PERSON FOR INFORMATION:
Kathleen Connors, Executive Assistant
to the President, at (202) 295–1500.
Questions may be sent by electronic
mail to
FR_NOTICE_QUESTIONS@lsc.gov.
SPECIAL NEEDS: Upon request, meeting
notices will be made available in
alternate formats to accommodate visual
and hearing impairments. Individuals
who have a disability and need an
accommodation to attend the meeting
may notify Kathleen Connors at (202)
295–1500 or
FR_NOTICE_QUESTIONS@lsc.gov.
Dated: October 29, 2010.
Patricia D. Batie,
Corporate Secretary.
LEGAL SERVICES CORPORATION
[FR Doc. 2010–27808 Filed 10–29–10; 4:15 pm]
hsrobinson on DSK69SOYB1PROD with NOTICES
Sunshine Act Meeting; Notice
BILLING CODE 7050–01–P
TIME AND DATE: The Legal Services
Corporation Board of Directors’ Search
Committee for LSC President (‘‘Search
Committee’’ or ‘‘Committee’’) will meet
on November 8, 2010. The meeting will
begin at 2 p.m. (Central Time) and
continue until conclusion of the
Committee’s agenda.
LOCATION: Sidley Austin, LLP, 1501 K
Street, 1 South Dearborn Street,
Chicago, Illinois 60603.
STATUS OF MEETING: Closed. The
meeting of the Search Committee will be
VerDate Mar<15>2010
18:39 Nov 01, 2010
Jkt 223001
OFFICE OF MANAGEMENT AND
BUDGET
Proposed Guidance on Appointment of
Lobbyists to Federal Boards and
Commissions
AGENCY: Office of Management and
Budget.
1 45 CFR 1622.5(e) protects information the
disclosure of which would constitute a clearly
unwarranted invasion of personal privacy.
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
ACTION:
67397
Notice of proposed guidance.
SUMMARY: The Office of Management
and Budget (OMB) is issuing proposed
guidance to Executive Departments and
agencies concerning the appointment of
federally registered lobbyists to boards
and commissions. On June 18, 2010,
President Obama issued ‘‘Lobbyists on
Agency Boards and Commissions,’’ a
memorandum directing agencies and
departments in the Executive Branch
not to appoint or re-appoint Federally
registered lobbyists to advisory
committees and other boards and
commissions. The Presidential
Memorandum further directed the
Director of OMB to ‘‘issue proposed
guidance to implement this policy to the
full extent permitted by law.’’ Final
guidance will be issued by OMB after a
thirty-day public comment period on
the proposed guidance. The Presidential
Memorandum is available at https://
www.whitehouse.gov/the-press-office/
presidential-memorandum-lobbyistsagency-boards-and-commissions.
Comment Date: OMB invites
comments from interested parties in
both the public and private sectors to be
considered in the formulation of the
final guidance. Interested parties should
submit comments in writing to the
address below on or before 30 days from
the publication of this notice.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• E-mail: ogc@omb.eop.gov.
• Facsimile: (202) 395–7289.
• Mail: Office of General Counsel,
Eisenhower Executive Office Building,
Room 289, 1650 Pennsylvania Avenue,
NW., Washington, DC 20500.
A. Proposed Guidance
On June 18, 2010, President Obama
signed a Presidential Memorandum
directing agencies in the Executive
Branch not to appoint or re-appoint
Federally registered lobbyists to
advisory committees and other boards
and commissions. That memorandum
directed the Office of Management and
Budget to propose implementing
guidance, which follows in the form of
questions and answers:
Q1: Who is affected by the policy
directed in the June 18, 2010
Presidential Memorandum (the
‘‘Memorandum’’)?
A1: This policy applies to Federally
registered lobbyists and does not apply
to individuals who are registered as
lobbyists only at the State level. A
lobbyist for purposes of the
Memorandum is any individual who is
subject to the registration and reporting
requirements of the Lobbying Disclosure
E:\FR\FM\02NON1.SGM
02NON1
hsrobinson on DSK69SOYB1PROD with NOTICES
67398
Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Notices
Act of 1995 (LDA), as amended, 2 U.S.C.
1605, at the time of appointment or
reappointment to an advisory board or
commission. Databases maintained by
the House of Representatives and the
Senate may be helpful in identifying
Federally registered lobbyists.1
Any individual who previously
served as a Federally registered lobbyist
may be appointed or re-appointed only
if he or she has either filed a bona fide
de-registration or has been de-listed by
his or her employer as an active lobbyist
reflecting the actual cessation of
lobbying activities or if they have not
appeared on a quarterly lobbying report
for three consecutive quarters as a result
of their actual cessation of lobbying
activities.
Q2: Does the policy restrict the
appointment of individuals who are
themselves not Federally registered
lobbyists but are employed by
organizations that engage in lobbying
activities?
A2: The policy established by the
Memorandum applies to Federally
registered lobbyists and does not apply
to non-lobbyists employed by
organizations that lobby.
Q3: What entities constitute ‘‘boards
and commissions’’ under the policy?
A3: The policy directed in the
Memorandum applies to any committee,
board, commission, council, delegation,
conference, panel, task force, or other
similar group (or subgroup) created by
the President, the Congress, or an
Executive Branch department or agency
to serve a specific function to which
formal appointment is required,
regardless of whether it is subject to the
Federal Advisory Committee Act, as
amended (5 U.S.C. App.). Boards and
commissions include Federal advisory
committees.
Q4: Does the policy apply to nonFederal members of delegations to
international bodies?
A4: Delegations organized to present
the Unites States’ position to
international bodies are considered to
be boards or commissions for the
purposes of this policy. Therefore,
agencies should not appoint Federally
registered lobbyists to these delegations.
Q5: Which ‘‘members’’ of those boards
and commissions are covered by the
policy?
A5: The policy applies to all members
of boards and commissions who are not
full-time Federal employees, including
both those who have been designated to
serve in a representative capacity on
1 Lobbying Disclosure, Office of the Clerk, U.S.
House of Representatives: https://
lobbyingdisclosure.house.gov; LDA Reports, U.S.
Senate: https://www.senate.gov/legislative/
Public_Disclosure/LDA_reports.htm.
VerDate Mar<15>2010
18:39 Nov 01, 2010
Jkt 223001
behalf of an interested group or
constituency and those who have been
designated to serve as Special
Government Employees, and who are
appointed by the President or an
Executive Branch agency or official.
Members of boards and commissions do
not include individuals who are invited
to attend meetings of boards or
commissions on an ad hoc basis.
Q6: How does the policy apply if a
statute or presidential directive provides
for appointments to be made by State
Governors or by members of Congress?
A6: While the discretion of
appointing authorities outside of the
Executive Branch will be respected,
those appointing authorities should be
encouraged to appoint individuals who
are not Federally registered lobbyists
whenever possible.
Q7: How does the policy apply when
a statute or presidential directive
requires the appointment of a specific
representative from an organization and
that representative is a Federally
registered lobbyist?
A7: The policy does not supersede
board or commission membership
requirements established by statute or
presidential directive. Committee
charters in effect at the time of the new
policy that require a lobbyist to be
appointed as a member of the committee
should, wherever possible and at the
earliest possible time, be amended to
remove that requirement, consistent
with statutes and presidential
directives.
Q8: How will the guidance affect
lobbyists who were serving on boards
and commissions at the time the policy
was established?
A8: The prohibition on the
appointment of Federally registered
lobbyists to boards and commissions
established by the Memorandum applies
to appointments and re-appointments
made after June 18, 2010. In order to
ensure that there is no disruption of
ongoing work of boards and
commissions, Federally registered
lobbyists who already were serving on
boards and commissions on that date
may serve out the remainder of their
terms, but may not be reappointed so
long as they remain registered lobbyists.
Q9: Does this policy also restrict the
participation of lobbyists as members of
a subcommittee or other work group
that performs preparatory work for its
parent board or commission?
A9: Yes, the policy does not permit
the appointment of Federally registered
lobbyists to a subcommittee or any other
subgroup that performs preparatory
work for a parent board or commission,
whether or not its members are
appointed in the same manner as are
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
members to the parent committee. The
goal of the Memorandum is to restrict
the undue influence of lobbyists on
Federal government through their
membership on boards and
commissions, which would include
subcommittees and other bodies that
require formal appointment.
Q10: Does this policy also restrict the
participation of lobbyists as witnesses or
experts who appear before boards and
commissions or submit advice or
materials to them?
A10: Lobbyists may still appear before
or otherwise communicate with a board
or commission to provide testimony,
information, or input in the same
manner as non-lobbyists who are not
members of or appointees to the board,
commission, or any of its subgroups, to
the extent permitted by law and
regulation. The purpose of the policy is
to prevent lobbyists from being in
privileged positions in government. It is
not designed to prevent lobbyists or
others from petitioning their
government. When lobbyists do testify,
boards and commissions should make
reasonable efforts to ensure that they
hear a balance of perspectives and are
not gathering information or advice
exclusively from registered lobbyists.
Q11: What should an agency do if it
appoints to a board or commission an
individual who is not a Federally
registered lobbyist at the time of
appointment, but who, after
appointment, becomes a Federally
registered lobbyist?
A11: Agencies should make clear to
all board and commission members,
whether appointed as representatives or
Special Government Employees, that
their conduct of activities that would
require them to be Federally registered
lobbyists after appointment would
necessitate their resignation or removal
from membership on boards or
commissions. The appointing officers or
their delegates shall ensure, at least
annually, that board or commission
members are not Federally registered
lobbyists and, upon reappointment of
the members, either shall require each
member to certify that he or she is not
a Federally registered lobbyist or shall
check the Federal lobbyist databases to
confirm that each member has not
registered as a lobbyist since
appointment. If an agency finds that,
following appointment to a board or
commission, a member subsequently
has become a Federally registered
lobbyist or has engaged in activities that
would require registration, the agency
shall request the resignation of the
member.
Q12: Will there be any waivers
available for circumstances in which a
E:\FR\FM\02NON1.SGM
02NON1
Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Notices
Federally registered lobbyist possesses
unique or exceptional value to a board
or commission?
A12: The policy makes no provisions
for waivers, and waivers will not be
permitted under this policy.
Preeta D. Bansal,
OMB General Counsel and Senior Policy
Advisor, Office of Management and Budget.
[FR Doc. 2010–27621 Filed 11–1–10; 8:45 am]
BILLING CODE P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (10–144)]
Performance Review Board, Senior
Executive Service (SES)
AGENCY: National Aeronautics and
Space Administration (NASA).
ACTION: Notice of Membership of SES
Performance Review Board.
SUMMARY: The Civil Service Reform Act
of 1978, Public Law 95–454 (Section
405) requires that appointments of
individual members to the Performance
Review Board (PRB) be published in the
Federal Register.
The National Aeronautics and Space
Administration published a document
in the Federal Register on October 12,
2010, announcing membership of the
Performance Review Board (PRB) and
the Senior Executive Committee. In
addition to the members previously
announced, another member was added
to the PRB, Associate Administrator for
Independent Program and Cost
Evaluation.
hsrobinson on DSK69SOYB1PROD with NOTICES
Chairperson, Chief of Staff, NASA
Headquarters
Executive Secretary, Director, Workforce
Management and Development
Division, NASA Headquarters
Associate Administrator, NASA
Headquarters
Associate Deputy Administrator, NASA
Headquarters
Associate Administrator for Exploration
Systems Mission Directorate, NASA
Headquarters
Associate Administrator for Space
Operations Mission Directorate,
NASA Headquarters
Associate Administrator for Science
Mission Directorate, NASA
Headquarters
Associate Administrator for Aeronautics
Research Mission Directorate, NASA
Headquarters
Associate Administrator for Mission
Support Directorate, NASA
Headquarters
18:39 Nov 01, 2010
Senior Executive Committee
Chairperson, Deputy Administrator,
NASA Headquarters
Chair, Executive Resources Board,
NASA Headquarters
Chair, NASA Performance Review
Board, NASA Headquarters
Associate Administrator, NASA
Headquarters
Associate Deputy Administrator, NASA
Headquarters
Chief Information Officer, NASA
Headquarters
Charles F. Bolden, Jr.,
Administrator.
[FR Doc. 2010–27551 Filed 11–1–10; 8:45 am]
Performance Review Board
VerDate Mar<15>2010
Associate Administrator for Diversity
and Equal Opportunity, NASA
Headquarters
Assistant Administrator for Human
Capital Management, NASA
Headquarters
Associate Administrator for
Independent Program and Cost
Evaluation, NASA Headquarters
Chief Engineer, NASA Headquarters
General Counsel, NASA Headquarters
Chief Technologist, NASA Headquarters
Chief Scientist, NASA Headquarters
Chief Information Officer, NASA
Headquarters
Chief, Safety and Mission Assurance,
NASA Headquarters
Director, Ames Research Center
Director, Dryden Flight Research Center
Director, Glenn Research Center
Director, Goddard Space Flight Center
Director, Johnson Space Center
Director, Kennedy Space Center
Director, Langley Research Center
Director, Marshall Space Flight Center
Director, Stennis Space Center
Jkt 223001
BILLING CODE P
NUCLEAR REGULATORY
COMMISSION
[NRC–2010–0336]
Biweekly Notice; Applications and
Amendments to Facility Operating
Licenses Involving No Significant
Hazards Considerations
I. Background
Pursuant to section 189a. (2) of the
Atomic Energy Act of 1954, as amended
(the Act), the U.S. Nuclear Regulatory
Commission (the Commission or NRC)
is publishing this regular biweekly
notice. The Act requires the
Commission publish notice of any
amendments issued, or proposed to be
issued and grants the Commission the
authority to issue and make
immediately effective any amendment
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
67399
to an operating license upon a
determination by the Commission that
such amendment involves no significant
hazards consideration, notwithstanding
the pendency before the Commission of
a request for a hearing from any person.
This biweekly notice includes all
notices of amendments issued, or
proposed to be issued from October 7,
2010 to October 20, 2010. The last
biweekly notice was published on
October 19, 2010 (75 FR 64359).
Notice of Consideration of Issuance of
Amendments to Facility Operating
Licenses, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The Commission has made a
proposed determination that the
following amendment requests involve
no significant hazards consideration.
Under the Commission’s regulations in
Title 10 of the Code of Federal
Regulations (10 CFR), § 50.92, this
means that operation of the facility in
accordance with the proposed
amendment would not (1) involve a
significant increase in the probability or
consequences of an accident previously
evaluated; or (2) create the possibility of
a new or different kind of accident from
any accident previously evaluated; or
(3) involve a significant reduction in a
margin of safety. The basis for this
proposed determination for each
amendment request is shown below.
The Commission is seeking public
comments on this proposed
determination. Any comments received
within 30 days after the date of
publication of this notice will be
considered in making any final
determination.
Normally, the Commission will not
issue the amendment until the
expiration of 60 days after the date of
publication of this notice. The
Commission may issue the license
amendment before expiration of the 60day period provided that its final
determination is that the amendment
involves no significant hazards
consideration. In addition, the
Commission may issue the amendment
prior to the expiration of the 30-day
comment period should circumstances
change during the 30-day comment
period such that failure to act in a
timely way would result, for example in
derating or shutdown of the facility.
Should the Commission take action
prior to the expiration of either the
comment period or the notice period, it
will publish in the Federal Register a
notice of issuance. Should the
Commission make a final No Significant
Hazards Consideration Determination,
any hearing will take place after
E:\FR\FM\02NON1.SGM
02NON1
]]>Agencies
[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)]
[Notices]
[Pages 67397-67399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27621]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF MANAGEMENT AND BUDGET
Proposed Guidance on Appointment of Lobbyists to Federal Boards
and Commissions
AGENCY: Office of Management and Budget.
ACTION: Notice of proposed guidance.
-----------------------------------------------------------------------
SUMMARY: The Office of Management and Budget (OMB) is issuing proposed
guidance to Executive Departments and agencies concerning the
appointment of federally registered lobbyists to boards and
commissions. On June 18, 2010, President Obama issued ``Lobbyists on
Agency Boards and Commissions,'' a memorandum directing agencies and
departments in the Executive Branch not to appoint or re-appoint
Federally registered lobbyists to advisory committees and other boards
and commissions. The Presidential Memorandum further directed the
Director of OMB to ``issue proposed guidance to implement this policy
to the full extent permitted by law.'' Final guidance will be issued by
OMB after a thirty-day public comment period on the proposed guidance.
The Presidential Memorandum is available at https://www.whitehouse.gov/the-press-office/presidential-memorandum-lobbyists-agency-boards-and-commissions.
Comment Date: OMB invites comments from interested parties in both
the public and private sectors to be considered in the formulation of
the final guidance. Interested parties should submit comments in
writing to the address below on or before 30 days from the publication
of this notice.
ADDRESSES: Comments may be submitted by any of the following methods:
E-mail: ogc@omb.eop.gov.
Facsimile: (202) 395-7289.
Mail: Office of General Counsel, Eisenhower Executive
Office Building, Room 289, 1650 Pennsylvania Avenue, NW., Washington,
DC 20500.
A. Proposed Guidance
On June 18, 2010, President Obama signed a Presidential Memorandum
directing agencies in the Executive Branch not to appoint or re-appoint
Federally registered lobbyists to advisory committees and other boards
and commissions. That memorandum directed the Office of Management and
Budget to propose implementing guidance, which follows in the form of
questions and answers:
Q1: Who is affected by the policy directed in the June 18, 2010
Presidential Memorandum (the ``Memorandum'')?
A1: This policy applies to Federally registered lobbyists and does
not apply to individuals who are registered as lobbyists only at the
State level. A lobbyist for purposes of the Memorandum is any
individual who is subject to the registration and reporting
requirements of the Lobbying Disclosure
[[Page 67398]]
Act of 1995 (LDA), as amended, 2 U.S.C. 1605, at the time of
appointment or reappointment to an advisory board or commission.
Databases maintained by the House of Representatives and the Senate may
be helpful in identifying Federally registered lobbyists.\1\
---------------------------------------------------------------------------
\1\ Lobbying Disclosure, Office of the Clerk, U.S. House of
Representatives: https://lobbyingdisclosure.house.gov; LDA Reports,
U.S. Senate: https://www.senate.gov/legislative/Public_Disclosure/LDA_reports.htm.
---------------------------------------------------------------------------
Any individual who previously served as a Federally registered
lobbyist may be appointed or re-appointed only if he or she has either
filed a bona fide de-registration or has been de-listed by his or her
employer as an active lobbyist reflecting the actual cessation of
lobbying activities or if they have not appeared on a quarterly
lobbying report for three consecutive quarters as a result of their
actual cessation of lobbying activities.
Q2: Does the policy restrict the appointment of individuals who are
themselves not Federally registered lobbyists but are employed by
organizations that engage in lobbying activities?
A2: The policy established by the Memorandum applies to Federally
registered lobbyists and does not apply to non-lobbyists employed by
organizations that lobby.
Q3: What entities constitute ``boards and commissions'' under the
policy?
A3: The policy directed in the Memorandum applies to any committee,
board, commission, council, delegation, conference, panel, task force,
or other similar group (or subgroup) created by the President, the
Congress, or an Executive Branch department or agency to serve a
specific function to which formal appointment is required, regardless
of whether it is subject to the Federal Advisory Committee Act, as
amended (5 U.S.C. App.). Boards and commissions include Federal
advisory committees.
Q4: Does the policy apply to non-Federal members of delegations to
international bodies?
A4: Delegations organized to present the Unites States' position to
international bodies are considered to be boards or commissions for the
purposes of this policy. Therefore, agencies should not appoint
Federally registered lobbyists to these delegations.
Q5: Which ``members'' of those boards and commissions are covered
by the policy?
A5: The policy applies to all members of boards and commissions who
are not full-time Federal employees, including both those who have been
designated to serve in a representative capacity on behalf of an
interested group or constituency and those who have been designated to
serve as Special Government Employees, and who are appointed by the
President or an Executive Branch agency or official. Members of boards
and commissions do not include individuals who are invited to attend
meetings of boards or commissions on an ad hoc basis.
Q6: How does the policy apply if a statute or presidential
directive provides for appointments to be made by State Governors or by
members of Congress?
A6: While the discretion of appointing authorities outside of the
Executive Branch will be respected, those appointing authorities should
be encouraged to appoint individuals who are not Federally registered
lobbyists whenever possible.
Q7: How does the policy apply when a statute or presidential
directive requires the appointment of a specific representative from an
organization and that representative is a Federally registered
lobbyist?
A7: The policy does not supersede board or commission membership
requirements established by statute or presidential directive.
Committee charters in effect at the time of the new policy that require
a lobbyist to be appointed as a member of the committee should,
wherever possible and at the earliest possible time, be amended to
remove that requirement, consistent with statutes and presidential
directives.
Q8: How will the guidance affect lobbyists who were serving on
boards and commissions at the time the policy was established?
A8: The prohibition on the appointment of Federally registered
lobbyists to boards and commissions established by the Memorandum
applies to appointments and re-appointments made after June 18, 2010.
In order to ensure that there is no disruption of ongoing work of
boards and commissions, Federally registered lobbyists who already were
serving on boards and commissions on that date may serve out the
remainder of their terms, but may not be reappointed so long as they
remain registered lobbyists.
Q9: Does this policy also restrict the participation of lobbyists
as members of a subcommittee or other work group that performs
preparatory work for its parent board or commission?
A9: Yes, the policy does not permit the appointment of Federally
registered lobbyists to a subcommittee or any other subgroup that
performs preparatory work for a parent board or commission, whether or
not its members are appointed in the same manner as are members to the
parent committee. The goal of the Memorandum is to restrict the undue
influence of lobbyists on Federal government through their membership
on boards and commissions, which would include subcommittees and other
bodies that require formal appointment.
Q10: Does this policy also restrict the participation of lobbyists
as witnesses or experts who appear before boards and commissions or
submit advice or materials to them?
A10: Lobbyists may still appear before or otherwise communicate
with a board or commission to provide testimony, information, or input
in the same manner as non-lobbyists who are not members of or
appointees to the board, commission, or any of its subgroups, to the
extent permitted by law and regulation. The purpose of the policy is to
prevent lobbyists from being in privileged positions in government. It
is not designed to prevent lobbyists or others from petitioning their
government. When lobbyists do testify, boards and commissions should
make reasonable efforts to ensure that they hear a balance of
perspectives and are not gathering information or advice exclusively
from registered lobbyists.
Q11: What should an agency do if it appoints to a board or
commission an individual who is not a Federally registered lobbyist at
the time of appointment, but who, after appointment, becomes a
Federally registered lobbyist?
A11: Agencies should make clear to all board and commission
members, whether appointed as representatives or Special Government
Employees, that their conduct of activities that would require them to
be Federally registered lobbyists after appointment would necessitate
their resignation or removal from membership on boards or commissions.
The appointing officers or their delegates shall ensure, at least
annually, that board or commission members are not Federally registered
lobbyists and, upon reappointment of the members, either shall require
each member to certify that he or she is not a Federally registered
lobbyist or shall check the Federal lobbyist databases to confirm that
each member has not registered as a lobbyist since appointment. If an
agency finds that, following appointment to a board or commission, a
member subsequently has become a Federally registered lobbyist or has
engaged in activities that would require registration, the agency shall
request the resignation of the member.
Q12: Will there be any waivers available for circumstances in which
a
[[Page 67399]]
Federally registered lobbyist possesses unique or exceptional value to
a board or commission?
A12: The policy makes no provisions for waivers, and waivers will
not be permitted under this policy.
Preeta D. Bansal,
OMB General Counsel and Senior Policy Advisor, Office of Management and
Budget.
[FR Doc. 2010-27621 Filed 11-1-10; 8:45 am]
BILLING CODE P
