In an effort to boost transparency of communications between lobbyists and government, President Obama ordered that agencies receive questions in writing and post summaries on-line when responding to lobbyist questions about federal stimulus projects.
The President’s transparency experiment, started in March, held great promise. Government agencies could receive e-mails from lobbyists, draft a response, and post the communication in a blog-like system with speed and efficiency. Similar to the way we research questions about pharmaceuticals, cosmetics, pet supplies, and other consumer products by accessing customer comments on-line, the President’s call for agencies to respond to lobbyist requests in a formalized transparent process could have spurred a new era of customer service.
Unfortunately, the President’s experiment of providing transparency for the interaction between lobbyists and government agencies is a failure. Since the President’s order, callers to government agencies are greeted by, “are you a lobbyist?” Callers do not hear, “… how may I help you?” If the callers identify themselves as lobbyists, they are given no helpful information, but are told to submit their questions in writing.
Instead of new efficiencies and transparency, the President’s experiment resulted in delays for getting critical information to the public who rely on their chambers of commerce and other lobbying organizations to get answers.
For example, under the federal stimulus program, the U.S. Environmental Protection Agency (EPA) will disburse over $7.2 billion for environmental projects. EPA’s website only lists one contact by a lobbyist in the 3-months since the stimulus bill was signed into law. According to the posting, contact was made on April 14th and after 36 days the lobbyist was informed that the office “does not deal with the issue they [were] interested in discussing.”
To the President’s credit, he promised to re-evaluate rules governing how agencies respond to lobbyists. These rules were changed on Friday, yet they still miss the mark. The changes broaden the scope of individuals who must submit questions to government agencies in writing without addressing the issue of responsiveness.
Instead of focusing on WHO is contacting the government, why aren’t we focusing on whether or not government agencies ARE PROVIDING ANSWERS to questions? My suggestion is that the President reward those agencies that answer questions on the stimulus received by phone, in person, or e-mail and post those responses on-line in less than 24-hours.
The complexities of federal government are growing every day. And, the urgency for those government programs to work is at an all time high. Restricting communications between lobbyists and government officials is absurd. Lobbyists are trying to unravel the mysteries of government for their clients, and government officials, who serve the public, can provide needed answers to complicated questions.
We would never ban Certified Public Accountants (CPAs) from contacting the IRS. Yet, the tax code reads like a child’s picture book compared to the growing complexities of the entire government and the federal stimulus program.
Small businesses are the most unfortunate victims of the President’s lobbyist restrictions. Research by the U.S. Small Business Administration (SBA) shows that small firms have a harder time figuring out government requirements than their larger business competitors. It costs $7,647 per employee for businesses with fewer than 20 employees to comply with federal regulations every year. These firms do not have legions of health, safety, and tax experts at their disposal. Rather, the owners rely on business groups like the National Federation of Independent Business (NFIB), their local chambers of commerce, and industry-specific groups like the National Roofing Contractors Association (NRCA), the Solar Energy Industries Association (SEIA), and others to advise them on how to benefit from government programs and services. The lobbyists for those organizations contact government agencies so the small business owners and their employees do not have to.
Right now, we are counting on small business to rescue the U.S. economy from a recession. The ability of entrepreneurs to innovate, grow, and hire employees will determine our road to economic recovery. We should not expect a farmer to stop plowing their fields in order to call Washington and ask how the Department of Agriculture is handling its part of the American Recovery and Reinvestment Act of 2009. That is what the American Farm Bureau and other agriculture lobbying organizations are for.
We should encourage lobbyists to ask questions. And, we should praise government officials for their responsiveness. This is a chance for the President to re-visit his commitment to transparency and change the way Washington conducts business. Our economic recovery would benefit from a customer-service focus by government agencies. And, government officials should take comfort knowing that one response to a question by a lobbyist has the potential to benefit dozens of small businesses who are counting on getting the answer.
Tom Sullivan is part of a growing government affairs practice at Nelson Mullins Riley & Scarborough. Tom is a Senior Fellow in Regulatory Studies at the Institute for Liberty, serves on the Advisory Board of the NFIB Small Business Legal Center, and is an advisor for the Center for Small Business and the Environment.
