Department of Commerce Finalizes Rule to Streamline Lobbying Regulations, Removing Obsolete Requirements
On April 16, 2026, the Department of Commerce finalized a significant amendment to its regulations governing restrictions on lobbying. This final rule, effective May 18, 2026, will remove several outdated and redundant provisions from 15 CFR Part 28, specifically targeting compliance stipulations and reporting requirements that no longer align with current statutory authority. The Commerce Department states this action is a targeted effort to enhance administrative efficiency and eliminate regulatory clutter within the framework designed to ensure transparency in federal contracting and grant processes.
Understanding the Regulatory Landscape
The regulations codified in 15 CFR Part 28 implement Section 319 of Public Law 101-121, codified at 31 U.S.C. 1352. This statute established government-wide restrictions on the use of appropriated funds for lobbying activities connected with federal contracts, grants, loans, and cooperative agreements. Its primary purpose is to ensure transparency and accountability by mandating certification and disclosure of lobbying activities intended to influence federal executive or legislative branch officials regarding such federal awards. These regulations were initially established through a government-wide interim final rule published on February 26, 1990.
Specific Amendments and Their Rationale
The Commerce Department's final rule specifically targets the removal of four key provisions. It removes Sections 28.405 and 28.410, which previously addressed compliance. These sections are being removed because they were identified as merely restating existing statutory language found in 31 U.S.C. 1352(c)(3) and 31 U.S.C. 1352(f), making them redundant. Additionally, the rule removes Sections 28.600 and 28.605, which constituted reporting requirements under Subpart F. These provisions are being eliminated because the reporting requirements they established are no longer statutorily mandated or deemed warranted. By removing these specific sections, Commerce aims to streamline Part 28, reduce regulatory clutter, mitigate potential confusion among regulated entities, and promote administrative efficiency by ensuring the regulations accurately reflect the current underlying statutory authority.
Regulatory Scrutiny and Public Engagement
Before finalizing this rule, Commerce issued a proposed rule to amend Part 28 on January 15, 2026. A public comment period was established, closing on February 17, 2026. Notably, the Department of Commerce received no comments during this period. Consequently, no changes were made to the proposed rule before its finalization, indicating a lack of opposition or significant public concern regarding these specific amendments.
This rule underwent several classification reviews. It was determined to be not significant for the purposes of Executive Order 12866. Furthermore, it is classified as a deregulatory action under Executive Order 14192, aligning with broader federal efforts to reduce regulatory burdens. The Chief Counsel for Regulation of the Department of Commerce certified that the rule would not have a significant economic impact on a substantial number of small entities, as confirmed in the proposed rule and unchallenged by public comment. Therefore, a regulatory flexibility analysis was not required. The rule also contains no new information collection requirements under the Paperwork Reduction Act of 1995.
