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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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