Final Guidance on Appointment of Lobbyists to Federal Boards and Commissions, 61756-61757 [2011-25736]

Download as PDF 61756 Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices 5. Potential Partners or Sponsors: 6. Estimated Operating Cost of Pilot: 7. Estimated Impact on Program Costs: 8. Pilot Implementation Issues: [FR Doc. 2011–25651 Filed 10–4–11; 8:45 am] BILLING CODE P OFFICE OF MANAGEMENT AND BUDGET Final Guidance on Appointment of Lobbyists to Federal Boards and Commissions Office of Management and Budget. ACTION: Notice of Final Guidance. AGENCY: The Office of Management and Budget (OMB) is issuing final 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.’’ Proposed guidance was posted on November 2, 2010 and the final guidance was formulated after review of the comments received to the proposed guidance. The Presidential Memorandum is available at http://www.whitehouse.gov/the-pressoffice/presidential-memorandumlobbyists-agency-boards-andcommissions. DATES: Effective Date: The final guidance will be effective 30 days from the date of issuance in the Federal Register. mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: A. Final 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 VerDate Mar<15>2010 19:11 Oct 04, 2011 Jkt 226001 purposes of the Memorandum is any individual who is subject to the registration and reporting requirements of the Lobbying Disclosure Act of 1995 (LDA), as amended, 2 U.S.C. 1605, at the time of appointment or reappointment to an advisory board or commission. Agencies may rely on appropriate searches of databases maintained by the House of Representatives and the Senate in identifying federally registered lobbyists.1 Alternatively, agencies may consider including in their recruitment process for appointing members a way of obtaining written certification from the individual that he or she is not a federally registered lobbyist. 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: No, the policy established by the Memorandum applies only 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 appointment is required, regardless of whether it is subject to the Federal Advisory Committee Act, as amended (5 U.S.C. App.). Appointment includes appointment required or permitted by law or regulation, including appointment at the discretion of the department or agency. Additionally, the ban also applies to established workgroups and subcommittees for boards and commissions, which may or may not require formal appointment. Q4: Does the policy apply to non-Federal members of delegations to international bodies? A4: Yes, delegations organized to present the United States’ position to international bodies are considered to be boards or commissions for the purposes of this policy, regardless of whether they constitute advisory committees for purposes of the Federal Advisory Committee Act, as amended (5 U.S.C. App.). Therefore, agencies should not appoint federally registered lobbyists to these delegations. Q5: Which ‘‘members’’ of those boards and commissions are covered by the policy? 1 Lobbying Disclosure, Office of the Clerk, U.S. House of Representatives: http:// lobbyingdisclosure.house.gov; LDA Reports, U.S. Senate: http://www.senate.gov/legislative/ Public_Disclosure/LDA_reports.htm. PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 A5: The policy applies to all members of boards and commissions who are not fulltime 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. However, the policy is not intended to be inconsistent with provisions of Federal law or international agreements. Accordingly, even where provisions exist that allow private organizations to designate their representatives or require their consultation on appointments, the appointing authority should, to the extent permissible by law, require such organizations to agree to the appointment of individuals who are not federally registered lobbyists. 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. However, 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 conform to the policy, 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 E:\FR\FM\05OCN1.SGM 05OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices 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 regardless of whether those positions 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: No, 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 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. Office of Management and Budget Boris Bershteyn, General Counsel, Office of Management and Budget. [FR Doc. 2011–25736 Filed 10–4–11; 8:45 am] BILLING CODE P VerDate Mar<15>2010 19:11 Oct 04, 2011 Jkt 226001 NATIONAL LABOR RELATIONS BOARD Sunshine Act Meetings: October 2011 All meetings are held at 2:30 p.m. Tuesday, October 4; Thursday, October 6; Tuesday, October 11; Wednesday, October 12; Thursday, October 13; Tuesday, October 18; Wednesday, October 19; Thursday, October 20; Tuesday, October 25; Wednesday, October 26; Thursday, October 27. PLACE: Board Agenda Room, No. 11820, 1099 14th St., NW., Washington, DC 20570. STATUS: Closed. MATTERS TO BE CONSIDERED: Pursuant to § 102.139(a) of the Board’s Rules and Regulations, the Board or a panel thereof will consider ‘‘the issuance of a subpoena, the Board’s participation in a civil action or proceeding or an arbitration, or the initiation, conduct, or disposition * * * of particular representation or unfair labor practice proceedings under section 8, 9, or 10 of the [National Labor Relations] Act, or any court proceedings collateral or ancillary thereto.’’ See also 5 U.S.C. 552b(c)(10). TIME AND DATES: Dated: October 3, 2011. Lester A. Heltzer, Executive Secretary. [FR Doc. 2011–25856 Filed 10–3–11; 4:15 pm] BILLING CODE P NATIONAL SCIENCE FOUNDATION Agency Information Collection Activities: Proposed Collection; Comment Request National Science Foundation. Notice. AGENCY: ACTION: The National Science Foundation (NSF) is announcing plans to request clearance of this collection. In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we are providing opportunity for public comment on this action. After obtaining and considering public comment, NSF will prepare the submission requesting OMB clearance of this collection for no longer than 3 years. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, SUMMARY: PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 61757 including whether the information shall have practical utility; (b) the accuracy of the Agency’s estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information on respondents, including through the use of automated collection techniques or other forms of information technology; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. DATES: Written comments should be received by December 5, 2011 to be assured of consideration. Comments received after that date will be considered to the extent practicable. ADDRESSES: Written comments regarding the information collection and requests for copies of the proposed information collection request should be addressed to Suzanne Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Blvd., Rm. 295, Arlington, VA 22230, or by e-mail to splimpto@nsf.gov. FOR FURTHER INFORMATION CONTACT: Ms. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Boulevard, Suite 295, Arlington, Virginia 22230; telephone (703) 292–7556; or send e-mail to splimpto@nsf.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– 800–877–8339, which is accessible 24 hours a day, 7 days a week, 365 days a year (including federal holidays). SUPPLEMENTARY INFORMATION: Request for Clearance for Additional Survey of Master Teaching Fellows (MTFs) as Part of the Evaluation of the National Science Foundation’s (NSF) Robert Noyce Teacher Scholarship (Noyce) Program. Title of Collection: Evaluation of the Robert Noyce Teacher Scholarship Program. OMB Control No.: 3145–0217. Expiration Date of Approval: June 30, 2014. Abstract: The National Science Foundation (NSF) received clearance for the evaluation of the Robert Noyce Teacher Scholarship Program on June 13, 2011 through OMB Control Number: 3145–0217. This included collecting primary data via surveys and interviews with Principal Investigators, Faculty, Noyce Recipients, and K–12 Principals. The Noyce program operates within NSF’s Division of Undergraduate Education, and bridges the higher education and the K–12 system. The Noyce Program encourages talented E:\FR\FM\05OCN1.SGM 05OCN1

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[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Notices]
[Pages 61756-61757]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25736]


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OFFICE OF MANAGEMENT AND BUDGET


Final Guidance on Appointment of Lobbyists to Federal Boards and 
Commissions

AGENCY: Office of Management and Budget.

ACTION: Notice of Final Guidance.

-----------------------------------------------------------------------

SUMMARY: The Office of Management and Budget (OMB) is issuing final 
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.'' Proposed guidance was posted on 
November 2, 2010 and the final guidance was formulated after review of 
the comments received to the proposed guidance. The Presidential 
Memorandum is available at http://www.whitehouse.gov/the-press-office/presidential-memorandum-lobbyists-agency-boards-and-commissions.

DATES: Effective Date: The final guidance will be effective 30 days 
from the date of issuance in the Federal Register.

A. Final 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 Act of 1995 (LDA), as 
amended, 2 U.S.C. 1605, at the time of appointment or reappointment 
to an advisory board or commission. Agencies may rely on appropriate 
searches of databases maintained by the House of Representatives and 
the Senate in identifying federally registered lobbyists.\1\ 
Alternatively, agencies may consider including in their recruitment 
process for appointing members a way of obtaining written 
certification from the individual that he or she is not a federally 
registered lobbyist.
---------------------------------------------------------------------------

    \1\ Lobbying Disclosure, Office of the Clerk, U.S. House of 
Representatives: http://lobbyingdisclosure.house.gov; LDA Reports, 
U.S. Senate: http://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: No, the policy established by the Memorandum applies only 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 appointment is 
required, regardless of whether it is subject to the Federal 
Advisory Committee Act, as amended (5 U.S.C. App.). Appointment 
includes appointment required or permitted by law or regulation, 
including appointment at the discretion of the department or agency. 
Additionally, the ban also applies to established workgroups and 
subcommittees for boards and commissions, which may or may not 
require formal appointment.
    Q4: Does the policy apply to non-Federal members of delegations 
to international bodies?
    A4: Yes, delegations organized to present the United States' 
position to international bodies are considered to be boards or 
commissions for the purposes of this policy, regardless of whether 
they constitute advisory committees for purposes of the Federal 
Advisory Committee Act, as amended (5 U.S.C. App.). 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. However, the policy is not intended to be inconsistent 
with provisions of Federal law or international agreements. 
Accordingly, even where provisions exist that allow private 
organizations to designate their representatives or require their 
consultation on appointments, the appointing authority should, to 
the extent permissible by law, require such organizations to agree 
to the appointment of individuals who are not federally registered 
lobbyists.
    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. 
However, 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 conform to the policy, 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

[[Page 61757]]

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 regardless of whether those positions 
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: No, 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 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.

Office of Management and Budget

Boris Bershteyn,
General Counsel, Office of Management and Budget.
[FR Doc. 2011-25736 Filed 10-4-11; 8:45 am]
BILLING CODE P