Sunlight Foundation

Vice President Biden issues new memo on Recovery Act reporting

Yesterday, Vice President Biden announced a new memorandum seeking to tighten reporting of stimulus dollars spent under the American Recovery and Reinvestment Act of 2009. We've been on this beat for awhile. One of the changes will be the "reporting [of] the identities of noncompliant recipients of Recovery Act funding."

You can review the memo yourself here and watch the video announcement below. Tell us what you think in the comments.

OMB Guidance On Reporting Use of Funds for Stimulus

As our colleagues at OMB Watch blogged about yesterday, the Coalition for an Accountable Recovery, of which Sunlight is a member, released more analysis (PDF) they've conducted of the Office of Management and Budget’s recent guidance (PDF) on how Recovery Act recipients should report how they used the funds. CAR’s analysis in a nutshell: “While this guidance is a step in the right direction, there is still much room for improvement.”

So far, OMB has provided guidance only for recipients of grants and loans. OMB Watch says that separate guidance for federal contractors is coming soon. OMB has started to flesh out the details of the reporting process, which up until this point have largely been vague and unformed, OMB Watch reports.

CAR lists the good and the bad about OMB’s guidance. First the good:

(T)he guidance provides a useful framework for reporting to a central data collection service, called FederalReporting.gov. The design of the system is scalable to ultimately have all recipients of Recovery Act funds, including multi-tier sub-recipients, report directly. The guidance also creates a distinction between sub-recipients and vendors, which will prove useful. At the same time, OMB allows prime recipients to delegate direct reporting to sub-recipients - except for jobs data - which will likely cause confusion. There is also significant ambiguity about penalties for reporting non-compliance.

And the bad:

(There is) a lack of multi-tier reporting, job quality data, and performance data information; that jobs information is still being reported as undefined full-time equivalents (FTEs); that it is not clear if the information will be publically accessible with easy to use machine-readable tools; and that OMB requires the use of DUNS numbers and poorly considered identifiers for sub-recipients.

CAP’s full analysis is here (PDF).

The Details on Recovery Lobbying Rules

Last week, the White House released Executive Memorandum instituting new rules for lobbyist disclosure for those seeking funds from the stimulus bill (American Reinvestment and Recovery Act). The full details from the Memorandum are posted below. The rest of the Memorandum contains other important transparency provisions.

Sec. 3. Ensuring Transparency of Registered Lobbyist Communications. (a) An executive department or agency official shall not consider the view of a lobbyist registered under the Lobbying Disclosure Act of 1995, 2 U.S.C. 1601, concerning particular projects, applications, or applicants for funding under the Recovery Act unless such views are in writing.

(b) Upon the scheduling of, and again at the outset of, any oral communication (in-person or telephonic) with any person or entity concerning particular projects, applications, or applicants for funding under the Recovery Act, an executive department or agency official shall inquire whether any of the individuals or parties appearing or communicating concerning such particular project, application, or applicant is a lobbyist registered under the Lobbying Disclosure Act of 1995. If so, the lobbyist may not attend or participate in the telephonic or in-person contact, but may submit a communication in writing.

(c) All written communications from a registered lobbyist concerning the commitment, obligation, or expenditure of funds under the Recovery Act for particular projects, applications, or applicants shall be posted publicly by the receiving agency or governmental entity on its recovery website within 3 business days after receipt of such communication.

(d) An executive department or agency official may communicate orally with registered lobbyists concerning general Recovery Act policy issues; provided, however, that such oral communications shall not extend to or touch upon particular projects, applications, or applicants for funding, and further that the official must contemporaneously or immediately thereafter document in writing: (i) the date and time of the contact on policy issues; (ii) the names of the registered lobbyists and the official(s) between whom the contact took place; and (iii) a short description of the substance of the communication. This writing must be posted publicly by the executive department or agency on its recovery website within 3 business days of the communication.

(e) Upon the scheduling of, and again at the outset of, any oral communications with any person or entity concerning general Recovery Act policy issues, an executive department or agency official shall inquire whether any of the individuals or parties appearing or communicating concerning such issues is a lobbyist registered under the Lobbying Disclosure Act. If so, the official shall comply with paragraph (d) above.