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From: Exec Sec1 (NIH/OD)
Sent: Tuesday, August 11, 2009 5:49 PM
To: NIH-STAFF@LIST.NIH.GOV
Subject: From Acting Deputy Director, NIH -- Revised OMB Guidance Re: Communications With Registered Lobbyists About Recovery Act Funds

August 10, 2009

TO:       All NIH Employees

FROM:     Acting Deputy Director, NIH

SUBJECT:  Revised OMB Guidance Regarding Communications With Registered Lobbyists About Recovery Act Funds

On May 13, 2009, I transmitted to you the NIH Interim Guidance Regarding Communications with Registered Lobbyists About Recovery Act Funds (attached--click the link at the bottom of this message). 

On July 24, 2009, OMB issued revised guidance on this topic.  That guidance (attached--click the link at the bottom of this message) is effective immediately and supersedes the NIH Interim Guidance.

OMB's Revised Guidance differs from the NIH Interim Guidance in two significant ways: 

1. It establishes a period of time where a communication (oral and written) regarding a pending application for an American Recovery and Reinvestment Act (ARRA) competitive grant is prohibited. 
2. It expands the prohibitions on communication during this period to all persons outside the Federal Government (not just those initiated by a federally registered lobbyist) unless an exception applies.  (See Part C of the OMB Revised Guidance.) 

This "no communication period" commences with the submission of a formal application by an individual or entity for a competitive ARRA grant and ends with the awarding of funds.

The requirement to post a communication between an NIH official and a federally registered lobbyist remains.  Please follow the existing posting procedure outlined in the previous NIH Interim Guidance.

We expect the Department to issue updated guidance shortly addressing this OMB revision.  Until then, it is our understanding that the updated OMB guidance permits communications such as:

1. Oral communications with grant applicants on the status of their pending competitive applications. 
2. Oral communications with grant applicants regarding the anticipated date of the disposition of the application.
3. Oral communications regarding the status of required submissions, assurances, or other materials necessary for the consideration of a pending application.

Also, OMB explains that the purpose of the exception for agency official-initiated conversations about pending applications for competitive grants is "to allow agency officials to obtain the information they need or seek about pending applications in order to evaluate the applications, among other things."  The OMB guidance further notes that an "agency official should not receive, be willing to receive or respond to communications concerning pending applications unless the official affirmatively seeks or requires information about the application." 

If you have any questions about the Revised OMB Guidance or the posting procedures outlined in the NIH Interim Guidance, please contact your Executive Officer or Holli Beckerman Jaffe (JaffeHB@od.nih.gov). 

           / s /

Lawrence A. Tabak, D.D.S., Ph.D.

Attachments:

NIH Interim Guidance:   http://execsec.od.nih.gov/nihstaff/LobbyistsandARRAFunds.pdf

OMB's Revised Guidance:  http://www.whitehouse.gov/omb/assets/memoranda_fy2009/m09-24.pdf