Proposed Rule2026-00687
Removing Redundant, Obsolete, and Inefficient Provisions From the Regulations Governing Restrictions on Lobbying
Primary source
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Published
January 15, 2026
Issuing agencies
Commerce Department
Abstract
The Department of Commerce ("Commerce") is proposing to amend its regulations governing restrictions on lobbying. Specifically, Commerce is proposing to remove two redundant and unnecessary compliance provisions and remove two reporting requirements that are obsolete and unwarranted. This action is necessary to reduce regulatory complexity and streamline the regulations governing restrictions on lobbying. The intended effects of this action are to eliminate redundancy, promote administrative efficiency, and update Commerce's lobbying regulations to properly reflect and implement the underlying statutory authority in its current form.
Full Text
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<title>Federal Register, Volume 91 Issue 10 (Thursday, January 15, 2026)</title>
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[Federal Register Volume 91, Number 10 (Thursday, January 15, 2026)]
[Proposed Rules]
[Pages 1724-1726]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00687]
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DEPARTMENT OF COMMERCE
15 CFR Part 28
[Docket ID 260107-0013]
RIN 0605-AA73
Removing Redundant, Obsolete, and Inefficient Provisions From the
Regulations Governing Restrictions on Lobbying
AGENCY: Office of the Secretary of Commerce, Department of Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: The Department of Commerce (``Commerce'') is proposing to
amend its regulations governing restrictions on lobbying. Specifically,
Commerce is proposing to remove two redundant and unnecessary
compliance provisions and remove two reporting requirements that are
obsolete and unwarranted. This action is necessary to reduce regulatory
complexity and streamline the regulations governing restrictions on
lobbying. The intended effects of this action are to eliminate
redundancy, promote administrative efficiency, and update Commerce's
lobbying regulations to properly reflect and implement the underlying
statutory authority in its current form.
DATES: Comments must be received on or before February 17, 2026.
ADDRESSES: Comments must be submitted via the Federal eRulemaking
Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, Document ID: DOC-2026-0001.
However, if you require an accommodation or cannot otherwise submit
your comments via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, please contact the
program contact person listed under FOR FURTHER INFORMATION CONTACT.
Comments that are not submitted via <a href="https://www.regulations.gov">https://www.regulations.gov</a> will
not be accepted absent such a request. Commerce will not accept
comments submitted after the comment period closes. To ensure that
Commerce does not receive duplicate copies, please submit your comments
only once. Additionally, please include the Docket ID DOC-2026-0001 at
the top of your comments.
Federal eRulemaking Portal: Please go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> to submit your comments electronically. Information
on using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including
[[Page 1725]]
instructions for finding a rule on the site and submitting comments, is
available on the site under ``FAQ.''
Note: Commerce's policy is generally to make comments received
from members of the public available for public viewing on the
Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Therefore, commenters should include in their comments only
information that they wish to make publicly available.
FOR FURTHER INFORMATION CONTACT: Daniel Sweeney, Senior Counsel, Office
of the General Counsel, at (202) 482-1395.
SUPPLEMENTARY INFORMATION:
I. Background
Commerce is proposing to amend its regulations at 15 CFR part 28,
``New Restrictions on Lobbying.'' These regulations implement section
319 of Public Law 101-121 (31 U.S.C. 1352), which established
government-wide restrictions on the use of appropriated funds for
lobbying activities in connection with federal contracts, grants,
loans, and cooperative agreements. The primary purpose of this part is
to ensure transparency and accountability by requiring certification
and disclosure of lobbying activities intended to influence federal
executive or legislative branch officials regarding such federal
awards.
Commerce, along with numerous other executive branch agencies,
originally established these regulations through a government-wide
interim final rule published on February 26, 1990 (55 FR 6735, 6748).
This rule was developed to create uniform practices across the federal
government and was based on interim final guidance issued by the Office
of Management and Budget (``OMB''). The rule was issued in interim
final form to meet a statutory deadline for implementation, and it
provided a public comment period for interested parties to provide
feedback before a final rule was issued.
Commerce is now proposing to amend the regulations located in
Subpart D (``Penalty and Enforcement'') and Subpart F (``Agency
Reports'') of 15 CFR part 28.
Subpart D describes the mechanisms for ensuring compliance with
Part 28. Section 28.400, titled ``Penalties,'' sets forth various
penalties, ranging from $10,000 to $100,000, for violations of Part 28.
Section 28.405, titled ``Penalty procedures,'' states that agencies
shall impose and collect civil penalties for violations of Part 28
pursuant to the provisions of the Program Fraud and Civil Remedies Act,
insofar as those provisions are not inconsistent with the requirements
of Part 28. Section 28.410, titled ``Enforcement,'' states that the
head of each agency shall take such actions as are necessary to ensure
that the provisions of Part 28 are vigorously implemented and enforced
by that agency.
Subpart F pertains to agency reporting requirements. Section
28.600, titled ``Semi-annual compilation,'' mandates that on May 31 and
November 30 of each year, the agency must submit a report to the
Secretary of the Senate and the Clerk of the House of Representatives
containing a compilation of the information from disclosure reports
received during the preceding six-month period. It also specifies that
these compilations are to generally be made available for public
inspection. Section 28.605, titled ``Inspector General report,''
requires Commerce's Inspector General, or a comparable official, to
prepare and submit an annual report to Congress. That report must
provide an evaluation of the agency's compliance with, and the
effectiveness of, the lobbying restriction requirements, and it is
required to be submitted at the same time as the agency's annual budget
justifications to Congress.
Following a review of Part 28 and the underlying statutory
authority, Commerce has preliminarily determined that Sec. Sec.
28.405, 28.410, 28.600, and 28.605 are appropriate for removal for the
reasons discussed below. Commerce invites comment on the proposed
amendments.
II. Discussion
Commerce is proposing to amend 15 CFR part 28 by (1) removing from
Subpart D Sec. Sec. 28.405 and 28.410, both of which merely restate
the text of the underlying statute; and (2) removing Subpart F in its
entirety, because neither of its two sections is required by statute or
otherwise warranted. The removal of these regulations would reduce
regulatory complexity without diminishing any substantive obligation
currently required by statute.
Proposed Elimination of Regulations That Restate Statutory Text
Commerce is proposing to remove Sec. Sec. 28.405 and 28.410 from
Subpart D. Both of these sections restate underlying statutory text and
do not provide any new detail or elaboration necessary to implement the
statutory text.
Section 28.405 states that ``[a]gencies shall impose and collect
civil penalties pursuant to the provisions of the Program Fraud and
Civil Remedies Act, 31 U.S.C. 3803 (except subsection (c)), 3804, 3805,
3806, 3807, 3808, and 3812, insofar as these provisions are not
inconsistent with the requirements herein.'' This is a restatement of
31 U.S.C. 1352(c)(3), which provides that ``[s]ections 3803 (except for
subsection (c)), 3804, 3805, 3806, 3807, 3808, and 3812 of this title
shall be applied, consistent with the requirements of this section, to
the imposition and collection of civil penalties under this
subsection.''
Section 28.410 states that ``[t]he head of each agency shall take
such actions as are necessary to ensure that the provisions herein are
vigorously implemented and enforced in that agency.'' This is a
restatement of 31 U.S.C. 1352(f), which provides that ``[t]he head of
each Federal agency shall take such actions as are necessary to ensure
that the provisions of this section are vigorously implemented and
enforced in such agency.''
As these comparisons show, Sec. Sec. 28.405 and 28.410 both
restate underlying statutory provisions almost verbatim. Accordingly,
Sec. Sec. 28.405 and 28.410 do not provide any new detail or
elaboration necessary to implement the underlying statutory authority.
It is Commerce's policy to eliminate such regulations in order to
reduce clutter in the Code of Federal Regulations and encourage the
public to directly consult the applicable statutory text. This approach
minimizes the risk of confusion and promotes administrative efficiency.
Commerce has preliminarily determined that the benefits from removing
Sec. Sec. 28.405 and 28.410 would outweigh any associated costs.
Commerce is therefore proposing to amend Subpart D by removing
Sec. Sec. 28.405 and 28.410.
Proposed Elimination of Obsolete and Unwarranted Congressional
Reporting Requirements
Commerce is also proposing to remove Subpart F, which consists of
Sec. Sec. 28.600 and 28.605. These sections describe reporting
requirements that are no longer statutorily required or otherwise
warranted.
Section 28.600 requires the agency to collect lobbying disclosure
reports and submit a semi-annual compilation of this information to the
Secretary of the Senate and the Clerk of the House of Representatives.
However, the underlying statutory authority for this report, formerly
located in 31 U.S.C. 1352, was removed by the Lobbying Disclosure Act
of 1995 (Pub. L. 104-65) (``LDA''). Nor is there sufficient policy
rationale to retain the regulation in the face of congressional action.
This regulation, established in 1990, reflects an outdated approach to
lobbying transparency. The LDA established a
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comprehensive, publicly accessible, and government-wide database for
the registration and reporting of lobbying activities. This centralized
system, managed by Congress, provides a more efficient and effective
mechanism for public transparency than the fragmented, agency-by-agency
compilations mandated by the regulation. Continuing to produce a
separate, semi-annual report is duplicative and constitutes an
inefficient use of agency resources. Therefore, removing this
regulation would align Commerce's regulations with current law and
eliminate an obsolete and inefficient administrative task.
Section 28.605 mandates that Commerce's Inspector General submit a
separate annual report to Congress evaluating the agency's compliance
with lobbying restrictions. The specific statutory mandate for this
report, also formerly in 31 U.S.C. 1352, was repealed by Congress
through Public Law 104-65 and Public Law 104-66. Moreover, this
requirement is duplicative of the Inspector General's pre-existing,
broader oversight and reporting responsibilities. The Inspector General
Act of 1978 provides a robust framework for agency oversight, including
a requirement for semi-annual reports to Congress on significant
problems, abuses, and deficiencies relating to the agency's programs
and operations. Any material non-compliance with lobbying regulations
would be addressed within this comprehensive reporting structure.
Mandating a separate, stand-alone report on this single issue is an
inefficient use of oversight resources and creates an unnecessary
administrative burden. Eliminating this regulation would streamline
reporting requirements and allow the Inspector General to allocate
resources based on risk, consistent with the broader statutory
framework for its mission. Accordingly, Commerce has preliminarily
determined that the benefits from eliminating Subpart F would outweigh
any associated costs. Commerce is therefore proposing to remove Subpart
F in its entirety.
Commerce invites comments on its preliminary assessment that
Sec. Sec. 28.405, 28.410, 28.600, and 28.605 are appropriate for
removal.
III. Classification
Executive Order 12866
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866.
Executive Order 14192
This proposed rule is expected to be an Executive Order 14192
deregulatory action.
Regulatory Flexibility Act (RFA)
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The regulations proposed to be removed affect the
responsibilities of the federal government only and thus would not
affect small entities.
Paperwork Reduction Act
This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995.
List of Subjects for 15 CFR Part 28
Administrative practice and procedure, Government contracts, Grant
programs, Grants administration, Loan programs, Lobbying, Penalties,
Reporting and recordkeeping requirements.
Dated: January 13, 2026.
Paul Dabbar,
Deputy Secretary of Commerce.
Accordingly, for the reasons set forth above, part 28 of title 15
of the Code of Federal Regulations is proposed to be amended as
follows:
PART 28--NEW RESTRICTIONS ON LOBBYING
0
1. Revise the authority citation for part 28 to read as follows:
Authority: Sec. 319, Pub. L. 101-121 (31 U.S.C. 1352; 5 U.S.C.
301; Sec. 4, as amended, and sec. 5, Pub. L. 101-410, 104 Stat. 890
(28 U.S.C. 2461 note); Pub. L. 104-134, 110 Stat. 1321, 28 U.S.C.
2461 note.
Subpart D--Penalties and Enforcement
Sec. 28.405 [Removed and Reserved]
0
2. Remove and reserve Sec. 28.405.
Sec. 28.410 [Removed and Reserved]
0
3. Remove and reserve Sec. 28.410.
Subpart F--Agency Reports
Sec. Subpart F [Removed and Reserved]
0
4. Remove and reserve subpart F, consisting of Sec. Sec. 28.600 and
28.605.
[FR Doc. 2026-00687 Filed 1-14-26; 8:45 am]
BILLING CODE 3510-BW-P
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</html>Indexed from Federal Register on January 15, 2026.
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