ExecutiveOrdersEO
Memo 13490MemorandumObama · D Quiet signal

Presidential Memorandum 13490

Lobbyists on Agency Boards and Commissions

This memorandum establishes as official Obama Administration policy that federally registered lobbyists may not be appointed or reappointed to federal advisory committees, boards, and commissions. It directs OMB to issue proposed implementing guidance within 90 days, following public comment before finalization.

Federal Register Open PDF 75 FR 35955

Impact dates

  1. OMB Director issues proposed guidance

Key directives

  • Heads of executive departments and agencies: cease new appointments and reappointments of federally registered lobbyists to advisory committees, boards, and commissions
  • OMB Director: issue proposed guidance within 90 days to implement policy to full extent permitted by law
  • OMB Director: publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Policy effective: no new appointments or reappointments of federally registered lobbyists to advisory committees/boards/commissions

Near term (90d)

  • OMB Director to issue proposed guidance for public comment

Long term

  • Final guidance issuance after public comment period
  • Potential lasting change to advisory board composition across executive branch

Risks & tensions

  • Policy framed as aspiration becoming binding raises questions about legal enforceability
  • Scope limited to 'federally registered' lobbyists may create incentive for deregistration or alternative influence channels
  • Exclusion clause ('to the full extent permitted by law') signals potential statutory constraints on implementation
  • Disclaimers deny private right of action, limiting enforcement mechanisms
Presidential Memorandum 13490: Lobbyists on Agency Boards and Commissions · Executive Orders