Ethics
Lobbying
Background
From time to time employees wish to engage in lobbying activities.
While Title 5, Subchapter II, Section 7211, gives employees the right
to lobby as private citizens, Title 18, Section 1913, prohibits the
use of Government time or resources to do so. Congress created the Title
18 prohibition to prevent the use of appropriated funds to circumvent
its decisions by influencing constituents and voters.
Definitions
LOBBYING:
attempting to influence legislators.
DIRECT LOBBYING:
calling or writing a member of Congress (or congressional staff).
GRASS ROOTS LOBBYING:
contacting members of interest groups or the public and urging them
to call or write their Members of Congress.
Grass roots lobbying can appear as a:
- speech
- press release
- publication
- report
Its identifying characteristic is the explicit or implicit message:
"write or visit your Member of Congress."
Basic Rule
Direct or grass roots lobbying on an employee's own time carries no
legal penalties.
Lobbying on Government time and/or using Government resources is prohibited.
Use of Government appropriated funds for lobbying is prohibited by
law.
Penalties
Using Government appropriated funds for "grass roots" and direct lobbying
is a crime punishable by fines, incarceration, and administrative penalties.
References for Procedures
For procedures to follow when speaking to congressional staff in the
course of official duties, refer to the following Policies and Procedures
(Directives):
Policy and Procedure (Directive) 125.1, Legislative
Programs, Reports, and Testimony; and
Policy and Procedure (Directive) 125.3, Documenting
Official Congressional Conversations.
Contacts for Additional Information
If you have any general questions with regard to lobbying activities,
call your Agency Ethics Advisor. For questions
relating to guidelines on congressional testimony, contact the Office
of Legislative Affairs on 202-720-3173.
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