The ethics Executive Order issued by the Obama Administration goes further than any previous action taken by a President to restrict the ability of presidential appointees who serve in the Executive Branch from coming back to lobby the Administration, and also to limit the role of lobbyists coming in to serve in the Administration.
It also bans presidential appointees from accepting gifts from lobbyists and lays the groundwork for extending this gift ban to all Executive Branch employees.
The new Executive Order contains the toughest and most far reaching revolving door provisions ever adopted.
The new Executive Order, for the first time, prohibits presidential appointees who leave the government from coming back to lobby high level executive branch officials throughout the entire government, not just in their own department or agency, and from doing so for the entire period that President Obama serves as president. This includes a second term if the President is reelected.
The Executive Order also contains reverse "revolving door" provisions that will for the first time restrict the ability of lobbyists entering the Obama Administration from helping their former clients or influencing decisions on issues on which they have lobbied.
It prohibits any presidential appointee who served as a lobbyist during the two-year period prior to joining the Administration from working in any agency or department that they had lobbied, for a two-year period after they join the Administration.
It also provides that a person who served as a lobbyist during the two-year period prior to joining the Obama Administration cannot for the first two years after being appointed to the Obama Administration participate in any particular matter on which the person lobbied or in the specific issue area in which the particular matter falls.
These are unprecedented restrictions on what lobbyists can do when they join an Administration.
The Executive Order requires all presidential appointees to sign a binding agreement that they will comply with the Executive Order and sets up an important oversight and enforcement process, giving responsibilities to the Office of Government Ethics and the Justice Department to ensure compliance with the new Order.
President Obama's Executive Order follows on the important leadership he provided on lobbying reform in the last Congress when, along with Senator Russell Feingold (D-WI) and Representative Chris Van Hollen (D-MD), then-Senator Obama led a hard fought, successful battle to enact key lobbying transparency provisions. The provisions require members of Congress and federal candidates, for the first time, to disclose the lobbyists who bundled contributions for them and the total amounts each raised.
During the 2008 presidential campaign, President Obama stated that he was "firmly committed to reforming the [presidential public financing] system as president so that it's viable in today's campaign climate."
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