Natural Resources Conservation Service

1
Natural Resources Conservation Service

• Overview
• Political Activity and Lobbying
• For NRCS Liaisons

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Political Activity

• The Hatch Act addresses three groups of Federal
  Employees with different rules for each
• PAS employees
• Secretary, Under Secretary, etc.
• Career SES
• Deputy Chiefs, TX and CA STC, etc.
• All Others
• Chief and RACs,
• Schedule Cs
• Career Employees Below SES
• Etc.

PAS Presidential Appointee, Senate Confirmed
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Political Activity

• Highlights -- All Others
• General
• On your own time and away from the office, you
  may engage in a broad range of Political Activity
  except fundraising, running for partisan office,
  or politicking persons doing business with, or
  regulated by, USDA.

• You may be politically active in connection with
  a non-partisan election or other activity not
  specifically identified with a political party.
• E.g., a constitutional amendment, referendum,
  approval of a municipal ordinance, etc.

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Political Activity

• Highlights -- All Others
• You May NOT --
• Run for Office in a Partisan Election
• An activity is "partisan" if it's related to an
  elected public office or an election in which
• Any candidate running is a representative of a
  political party, and
• That political party had a candidate for
  President who made it on the ballot in at least
  one state and whose electors received at least
  one vote in the last presidential election.

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Political Activity

• Highlights -- All Others
• You May NOT -- (continued)
• Solicit political contributions from anyone at
  anytime
• Encourage or discourage political activity by
  persons doing business with, or regulated by,
  USDA.
• Use the authority or influence of your office to
  interfere with an election.
• Engage in political activity while on duty, in a
  government office, in a government owned or
  leased vehicle, using a private vehicle while
  conducting official business, or wearing a
  government uniform or insignia.

Narrow exception for union PACs
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Political Activity

• Highlights -- All Others
• You May NOT -- (continued)
• Solicit, accept or receive volunteer services
  from a subordinate for any political purpose.
• Permit use of your official title when political
  activity is otherwise permissible.
• Wear political buttons on duty or display
  political materials in your office.
• Seek the nomination for, or election to, a
  partisan political office. (Exception to run as
  independent in certain specified localities.)

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Political Activity

• Permissible Activities
• You MAY
• Seek election to a non-partisan office. Also,
  in certain specified localities, you may run as
  an independent for local partisan office.
• Serve as an officer in a party or candidate
  campaign committee in either a volunteer or on a
  compensated basis.
• Campaign for or against candidates by preparing
  and/or delivering speeches, distributing campaign
  materials, and organizing and/or attending
  rallies.
• Contribute to campaigns, develop fundraising
  programs, attend fundraisers, and even serve as a
  treasurer for a campaign however, you may not
  allow your name to be included on any
  solicitation materials or personally host a
  fundraiser.

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Political Activity

• Highlights -- All Others
• You May - - (continued)
• Engage in partisan voter registration activities
  and partisan get out the vote drives (GOTV).
• Sign nominating and ballot access petitions for
  partisan candidates and participate in
  circulating such petitions.
• Serve as a delegate to a local, state or national
  political party caucus or convention.
• Serve as poll watcher on behalf of a candidate or
  political party.
• Display political materials in your yard, on your
  personal vehicle, and, when off the clock, on
  your person.

Do not use a personal vehicle with political
stickers for official business.
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Political Activity

• Special Warnings
• Do NOT use the Government Computer to send or
  forward ANY emails
• On political subjects
• About any political candidate or party

• Be careful with fundraisers Do NOT
• Solicit political contributions in a speech given
  at a fundraiser endorsing a candidate or party
• Use your official title in connection with
  fundraising
• Host, sponsor or invite others to a fundraiser
• Allow your name to be used on an invitation to a
  fundraiser as a sponsor or point of contact.

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Anti-Lobbying Statutes

• Two statutes prohibit YOUR use of appropriated
  funds for lobbying
• 18 USC 1913 criminal statute
• Section 624 in the 1999 Act civil statute

• They prohibit YOU from
• Engaging in lobbying campaigns or participating
  in events designed to support or oppose pending
  legislation.
• Engaging in substantial grass roots
  lobbying-campaigns using telegrams, letters, or
  other forms of communication that directly or
  indirectly encourage the public to contact
  members of Congress in support of, or in
  opposition to, legislation.

Applicable to all Federal agencies.
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Anti-Lobbying Statutes

• Summary (continued)

• They DO NOT prohibit legitimate public
  information activities such as responding to
  requests for information and providing
  information to people who regularly request
  information from the Department.

• They DO NOT limit the lobbying activities
  personally undertaken by PAS officials acting
  within their areas of responsibility.
• Therefore, PAS
• MAY encourage the public to contact Congress in
  speeches and similar public communications or in
  private communications such as letters, telephone
  calls, and meetings.
• MAY NOT direct or request other Federal
  employees to engage in activities that would
  violate the anti-lobbying laws.

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Anti-Lobbying Statutes
Non-PAS Employees May discuss legislative issues
with outside organizations and deliver speeches
and make public remarks explaining proposed
legislation and the Administration's position on
proposed legislation. This includes
participating in conferences to promote public
awareness of legislative proposals, so long as
they are not organized or designed to advocate
support for, or opposition to, such
proposals. Non-PAS Employees May NOT participate
in events or programs specifically designed to
promote public support for or opposition to
pending legislation. Non-PAS Employees May NOT
provide lists of, or correspondence from, persons
who favor or oppose certain legislation to groups
that lobby Congress, except where the material is
requested and properly made available under the
Freedom of Information Act.
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Anti-Lobbying Statutes

• Non-PAS Employees May send information about
  proposed legislation to individuals or groups
  that have asked for this information, or that
  regularly receive information from the
  Department. This material
• May be sent by mail, facsimile, or Internet
• May include information about the status of
  legislation and the Administration's position on
  proposed legislation
• May NOT, directly or indirectly, encourage the
  public to contact Members of Congress
• Non-PAS Employees May NOT request or recommend
  that a recipient further distribute materials
  regarding proposed legislation, or provide a
  large number of copies of such material for
  redistribution.

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Anti-Lobbying Statutes

• Non-PAS Employees SHOULD NOT, regardless of cost,
  undertake "mass-mailings" or "mass faxes" on
  proposed legislation to individuals or groups
  that do not normally receive information on
  educational programs or legislation from the
  Department, and who have not asked for such
  information.
• Non-PAS Employees MAY NOT prepare or distribute
  letters, pamphlets, kits, booklets, publications,
  or television, radio, or film presentations that
  expressly ask that anyone contact Congress to
  support or oppose pending legislation.
• Non-PAS Employees MAY NOT engage in a grass roots
  lobbying campaign involving expenditures for
  telegrams, letters, and other forms of
  communications that directly or indirectly
  encourage the public to contact Congress in
  support of or opposition to pending legislation

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Anti-Lobbying Statutes

• Non-PAS Employees MAY NOT provide members of the
  public with target lists of Members of Congress
  for the purpose of seeking to influence their
  position on pending legislation.
• Non-PAS Employees MAY, through proper channels,
  initiate meetings or communicate directly with
  members of Congress and Congressional staffs
  regarding pending legislation or transmit
  unsolicited constituent views to Congress
• Non-PAS Employees MAY NOT initiate or coordinate
  meetings between members of the public and
  members of Congress or Congressional staff to
  discuss proposed legislation.
• Non-PAS Employees MAY coordinate speeches and
  activities with other Federal officials.

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Anti-Lobbying Statutes
Non-PAS Employees MAY NOT "ghostwrite" letters
to the editor, speeches, or other materials
dealing with proposed legislation for anyone in a
non-Federal position. Non-PAS Employees MAY
write letters to the editor, "op-ed" articles,
press releases, or other materials addressing
(within the parameters of these Guidelines)
proposed legislation and the Administration's
position on proposed legislation so long as the
materials identify the official's Federal
Government title and position. They may also
supply copies of remarks made by the Secretary or
other PAS officials, press releases, or other
relevant materials. Non-PAS Employees MAY tell
the public how they may obtain additional
information regarding proposed legislation.
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NRCS Protocol

• NRCS Communication with Congress and related
  guidance is coordinated by OOC-LEG. Office of
  the Chief, Legislative Affairs

Example Employees are NOT permitted to accompany
non-Governmental organizations in advocacy
meetings with congressional members or staff, in
an official capacity.
Follow the NRCS Congressional Protocol
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Political Activity

• See Handouts
• Dos and Donts Career Below SES
• Political Activity Quick Reference Chart
• NRCS Congressional Protocol

Most NRCS Employees see political activity
rules for All Others (non-PAS, schedule Cs,
career employees below SES, and special
government employees).
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Ethics Training for NRCS LiaisonsWrap-up

• Homework
• Insure Liaison assignments are properly
  documented.
• Complete Gifts from Outside Sources on AgLearn.
• Review Legislative Affairs guidance.
• For more information
• Contact your servicing ethics advisor, or
• The Ethics General Manual is Title 110 Part 405.
  See Section 405.15 for guidance on Liaisons.

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Ethics Training for NRCS Liaisons Wrap-up

• Internet Reference Materials
• On the USDA Ethics Website at www.usda-ethics.net
  
• Standards of Ethical Conduct
• USDA Ethics Issuance 00-1
• In the NRCS Directives System, GM Title 110 Part
  405
• 405.134 Liaison Designation Form
• 405.15 Ethics Provision for Agreements MOUs
• 405.135 Personal v. Official Quick Reference
  Chart

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Ethics Training for NRCS Liaisons Wrap-up
NRCS Ethics Office Tel. [phone]Fax.
[phone]
Caryl Butcher 504-2201 NRCS Ethics
Officer Markci Metcalf 504-0385 Ethics
Specialist BJ Scruggs (on detail) Ethics
Specialist Debbie Griffin 504-2202 Ethics
Assistant Ginae Barnett 504-2206 Student
Intern
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Ethics Training for NRCS Liaisons Wrap-up
Questions?