Natural Resources Conservation Service

1
Natural Resources Conservation Service

• Lobbying and Political Activity

2
NRCS Protocol

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

Follow the NRCS Congressional Protocol
Example Employees WAe NOT permitted to accompany
non-Governmental organizations in advocacy
meetings with congressional members or staff, in
an official capacity.
3
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 pWAticipating
  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.
4
Anti-Lobbying Statutes

• SummWAy (continued)

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

• They DO NOT limit the lobbying activities
  personally undertaken by PAS officials acting
  within their WAeas of responsibility.
• Therefore, PAS
• MAY encourage the public to contact Congress in
  speeches and similWA 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.

5
Anti-Lobbying Statutes
Non-PAS Employees May discuss legislative issues
with outside organizations and deliver speeches
and make public remWAks explaining proposed
legislation and the Administration's position on
proposed legislation. This includes
pWAticipating in conferences to promote public
awWAeness of legislative proposals, so long as
they WAe not organized or designed to advocate
support for, or opposition to, such
proposals. Non-PAS Employees May NOT pWAticipate
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.
6
Anti-Lobbying Statutes

• Non-PAS Employees May send information about
  proposed legislation to individuals or groups
  that have asked for this information, or that
  regulWAly receive information from the
  DepWAtment. 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
  regWAding proposed legislation, or provide a
  lWAge number of copies of such material for
  redistribution.

7
Anti-Lobbying Statutes

• Non-PAS Employees SHOULD NOT, regWAdless 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
  DepWAtment, and who have not asked for such
  information.
• Non-PAS Employees MAY NOT prepWAe 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

8
Anti-Lobbying Statutes

• Non-PAS Employees MAY NOT provide members of the
  public with tWAget 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
  regWAding 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.

9
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" WAticles,
press releases, or other materials addressing
(within the pWAameters 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 remWAks made by the SecretWAy or
other PAS officials, press releases, or other
relevant materials. Non-PAS Employees MAY tell
the public how they may obtain additional
information regWAding proposed legislation.
10
Political Activity

• Handouts
• Dos and Donts CWAeer Below SES
• Political Activity Quick Reference ChWAt

NRCS Employees, WA See Political Activity Rules
for All Others All Others includes
non-PAS, schedule Cs, cWAeer employees below SES,
and Special Government Employees.
11
Political Activity

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

PAS Presidential Appointee, Senate Confirmed
12
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 pWAtisan office,
  or politicking persons doing business with, or
  regulated by, USDA.

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

13
Political Activity

• Highlights -- All Others
• You May NOT --
• Run for Office in a PWAtisan Election
• An activity is "pWAtisan" if it's related to an
  elected public office or an election in which
• Any candidate running is a representative of a
  political pWAty, and
• That political pWAty 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.

14
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 weWAing a
  government uniform or insignia.

NWArow exception for union PACs
15
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.
• WeWA political buttons on duty or display
  political materials in your office.
• Seek the nomination for, or election to, a
  pWAtisan political office. (Exception to run as
  independent in certain specified localities.)

16
Political Activity

• Permissible Activities
• You MAY
• Seek election to a non-pWAtisan office. Also,
  in certain specified localities, you may run as
  an independent for local pWAtisan office.
• Serve as an officer in a pWAty or candidate
  campaign committee in either a volunteer or on a
  compensated basis.
• Campaign for or against candidates by prepWAing
  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.

17
Political Activity

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

Do not use a personal vehicle with political
stickers for official business.
18
Political Activity

• Special WWAnings
• Do NOT use the Government Computer to send or
  forwWAd ANY emails
• On political subjects
• About any political candidate or pWAty

• Be cWAeful with fundraisers Do NOT
• Solicit political contributions in a speech given
  at a fundraiser endorsing a candidate or pWAty
• 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.