Agencies Reporting Communications with Federally Registered Lobbyists

Updated Feb. 17, 2010

President Barack Obama's March 20 memo restricts communications between federally registered lobbyists and executive branch employees on use of Recovery Act funds and requires disclosure of written communications. A closer examination of the summaries of lobbyist contacts with federal agencies shows that there are few online postings of those communications; some agencies have not posted any contacts at all.

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Summary of national service organization and volunteer prohibited activities

The summary below covers existing restrictions on recipients of Corporation and National Community Service funding and, as changed in the Serve America Act, courtesy of the Center for Lobbying in the Public Interest.

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Lobbying and Ethics Reform Takes Center Stage at the White House

On Jan. 21, President Barack Obama signed an executive order on Ethics Commitments by Executive Branch Personnel. The order details new restrictions for political appointees that work in the Obama administration. It limits the role lobbyists can play in the executive branch and attempts to reduce the influence of powerful special interests by addressing the revolving door — when government officials move to and from private sector jobs.

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Obama Withdraws Family Planning Policy, Restores Some Nonprofit Speech Rights

On Jan. 23, President Barack Obama issued a memorandum withdrawing the Mexico City Policy. The Mexico City Policy prohibited organizations funded by the U.S. Agency for International Development (USAID) from using private, non-USAID funds to engage in activities including "providing advice, counseling, or information regarding abortion, or lobbying a foreign government to legalize or make abortion available." Foreign nonprofits, referred to as nongovernmental organizations (NGOs), were already barred from using U.S. funds to pay for abortions as a method of family planning. However, the Mexico City Policy went further and ultimately restricted the free speech rights of government grantees.

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Associations Release Recommendations for Obama, Congress, to Strengthen Nonprofit Sector

Two major nonprofit associations, Independent Sector and the National Council of Nonprofits, have released detailed recommendations on how the federal government can strengthen and serve communities through nonprofit organizations, including some proposals that can be included in the upcoming economic stimulus package.

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Nonprofits to President-elect Obama: Strengthen the Sector

Now that the election is over, nonprofits are encouraging the incoming administration to take action that will strengthen the sector with capacity building, incentives for giving, and policies that encourage service and protect the integrity of the sector. Many organizations, including OMB Watch, are also making policy recommendations in their areas of expertise, ranging from education to transparency to health and safety protections.

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Study Says Nonprofits Help, Not Hinder, the War against Extremism

On Oct. 30, the Fourth Freedom Forum and Kroc Institute for International Peace Studies at the University of Notre Dame released Friend Not Foe: Civil Society and the Struggle Against Violent Extremism. The report urges countries, including the United States, to move away from counterterrorism measures (CTMs) that harm nonprofits and do not improve security. The report also calls on nonprofits to be more proactive in countering misinformation and shaping policy alternatives.

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Treasury Promotes Private Philanthropy through USAID

Should U.S. charities and foundations be required to turn over funds to the United States Agency for International Development (USAID) in order to support humanitarian aid and development in areas where designated terrorist groups are operating? The Department of the Treasury (Treasury) is promoting a partnership between USAID and American Charities for Palestine (ACP) as a model for providing assistance and complying with counterterrorism laws. Treasury recently indicated such coordination may become a requirement. This approach has the potential to undermine the independence of grantmakers and nonprofits and to fundamentally alter their relationships with grantees and local communities. It is based on an expansive interpretation of counterterrorism laws that seeks to prohibit vaguely defined "abuse and exploitation" of charities by terrorists.

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Veterans Administration Again Reverses Itself to Allow Some Voter Registration Drives

Over the past several months, support has been growing to allow voter registration efforts at Department of Veterans Affairs (VA) facilities. In a reverse of policy, the VA will no longer ban voter registration drives for veterans living at federally operated nursing homes, shelters for the homeless, and rehabilitation centers across the country. A week after this change, the House passed the Veterans Voter Support Act to legislatively protect such activity and to ensure that the VA allow voter registration drives by nonpartisan groups. However, the VA told a Senate committee that it opposes the legislation in its current form.

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Police and Protest Groups Clash at Political Conventions

Scores of protesters converged on the Democratic National Convention (DNC) in Denver, CO, and the Republican National Convention (RNC) in St. Paul, MN. Both were designated "national special security events," and the Secret Service was responsible for planning and implementing a security plan for each city. Protesters were visible at both conventions, although far fewer at the DNC, and hundreds of arrests made headlines at the RNC.

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Federal Court Denies Injunction and Upholds Strict Voter Registration Fines in Florida

On Aug. 6, the U.S. District Court for the Southern District of Florida denied the League of Women Voters of Florida's (LWVF) request for a preliminary injunction to prevent a harsh voter registration law from taking affect. The law levies substantial fines on organizations that register voters and that do not promptly deliver the completed voter registration forms to the Florida Division of Elections. While the law does prescribe tougher penalties for willful misconduct, it does not grant exemptions for undue hardships or for inadvertent errors.

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Voter Registration Barriers Challenged in New Mexico, at Veterans Affairs

Throughout the country, new rules on nonpartisan voter registration efforts are making nonprofit voter mobilization drives more difficult — and groups are fighting these rules. After the Department of Veterans Affairs' (VA) May 5 directive banning voter registration drives at veterans' facilities, a multi-front advocacy effort developed to get the VA to change its policy. Voting rights advocates also have been fighting state restrictions, including a New Mexico voter registration law.

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Hill Briefing Addresses Impacts of Counterterrorism Measures on Nonprofits

On July 14, Grantmakers Without Borders and OMB Watch released a paper, Collateral Damage: How the War on Terror Hurts Charities, Foundations, and the People They Serve, and hosted a panel discussing the topic. Six experts all agreed that shortsighted, undemocratic policies are stifling free speech, constraining the critical activities of the charitable and philanthropic sectors, and ultimately impeding the fight against terrorism. OMB Watch and Grantmakers Without Borders were lauded by many speakers and attendees for drawing attention to this issue.

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Audit Faults IRS Political Activities Enforcement

The Treasury Inspector General for Tax Administration (TIGTA) released an audit report on June 18 that found Internal Revenue Service (IRS) employees have an inconsistent understanding of prohibited political intervention by charities and religious organizations. It also found the IRS has not been timely in evaluating cases under investigation. The report acknowledged improved educational efforts but failed to recognize the inherent difficulty in explaining the overly vague "facts and circumstances" test the IRS uses to determine if prohibited partisan activity has occurred.

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Nonprofit Input Sought on the Future of Communicating with Congress

The Congressional Management Foundation (CMF), a nonprofit, non-partisan organization working to improve communications between citizens and members of Congress, recently released two important documents that could have significant implications for Congress and the public. One report, Communicating with Congress: How the Internet Has Changed Citizen Engagement, reveals that the Internet has revitalized citizen communication with Congress. A draft report, Communicating with Congress: Recommendations for Improving the Democratic Dialogue, seeks public comment on a new model for constituent communications and makes specific recommendations for congressional offices, citizens, and advocacy groups.

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Free Speech Questions Linger After Judge Dismisses Most Charges against Charity Leaders

Concerns about the freedom of association and the right to express unpopular points of view in organizational newsletters remain after conspiracy charges against three officers of a defunct Muslim charity, Care International, Inc., were dismissed in Boston on June 3. Two other convictions were upheld, including one against the former treasurer of the organization because he failed to report newsletters supporting "jihad" to the Internal Revenue Service (IRS).

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IRS Drops Investigations of United Church of Christ and First Southern Baptist

The Internal Revenue Service (IRS) has closed two investigations into accusations of illegal partisan electioneering by two religious organizations. The IRS determined that the United Church of Christ (UCC) did not violate its tax-exempt status by inviting Sen. Barack Obama (D-IL) to speak at the denomination's national meeting in 2007. The IRS also found Pastor Wiley Drake's endorsement of Mike Huckabee to be a personal endorsement and not made on behalf of his church, the First Southern Baptist Church in Buena Park, CA. The IRS concluded the two investigations relatively quickly, compared to cases from the previous two election cycles.

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Comments Blast Proposed Affiliation Rule for HIV/AIDS Grantees

A proposed U.S. Agency for International Development (USAID) rule for international HIV/AIDS grantees has generated criticism and calls for change. If implemented, the proposed rule would force such grantees to choose between adopting government policy for their entire organizations or setting up completely separate affiliated organizations. Comments from OMB Watch, the Brennan Center for Justice, and two members of Congress contrast the harshness of the proposed separation requirements with the much more flexible standards the agency has adopted for its faith-based initiative.

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Veterans Administration Bars Voter Registration Drives for Wounded Soldiers

On April 25, the Department of Veterans Affairs (VA) issued Directive 2008-023, "Voting Assistance for VA Patients," allowing voter registration drives in VA hospitals, only to reverse itself on May 5 with Directive 2008-025. Without registration drives, it appears that each veteran will have to request support individually, placing the burden on veterans who are staying in hospitals, long-term care facilities, or nursing homes. Litigation on the issue is pending.

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Court Upholds Stealth Lobbying Disclosure

The National Association of Manufacturers' (NAM) legal challenge to the stealth lobbying disclosure provisions in the 2007 lobbying and ethics reform law was rejected by the U.S. District Court for the District of Columbia on April 11. After the U.S. Court of Appeals and the U.S. Supreme Court refused to grant a stay pending appeal, NAM announced it would comply with the law while its appeal proceeds by disclosing members who contributed more than $5,000 toward lobbying in a quarter and have supervision, control, or active participation in NAM's federal lobbying efforts.

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