Serving Adults with Special Learning Needs

Advocacy Guidelines for Employees
of Government-Funded Programs

With the 80th Texas Legislature set to convene in January 2007, this is a good time to review what federal rules say about advocacy activity by educators associated with a government-funded adult or family literacy programs.

Prior to 2002, allowable and unallowable lobbying activities of Educational Institutions were as described in Office of Management and Budget (OMB) Circular A-21, Cost Principles for Educational Institutions (Revised 8/8/2000).

http://www.whitehouse.gov/omb/circulars/a021/a021.html

However, the Anti-Lobbying Act (18 U.S.C. § 1913) was amended on November 2, 2002 to expand the penalties for restrictions against using Federal funds for lobbying activity. The amendment provides that Federal funds cannot be used, directly or indirectly, to influence a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy or appropriation whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation. The amendment makes the anti-lobbying restrictions enforceable via large civil penalties, with fines between $10,000 and $100,000 per each occurrence.

The Office of Management and Budget (OMB) is in the process of amending the OMB cost circulars and the common rule to reflect the amendment. However, the new prohibitions apply to all activity, even if currently allowed within the parameters of the existing OMB circulars.

From the U.S. Department of Justice Financial Guide 2005
http://www.ojp.usdoj.gov/FinGuide/

WHEN ACTING IN YOUR ROLE AS A
GOVERNMENT EMPLOYEE

The Anti-Lobbying Act does not prohibit government employees from participating in lobbying activities while they are on personal time [and using personal communication resources such as email accounts, office supplies, equipment, and technology].  Federal employees retain a constitutional right (as recognized by 5 USC Section 7211) to petition Congress, provided they act in a personal capacity or in a representative capacity on behalf of outside persons or organizations.  The so-called anti-representation statutes (18 USC Sections 203 and 205) do not apply in relation to these personal capacity communications directed to legislative officials.  Employees communicating with Congress on behalf of themselves or some other group or cause should, however, provide a disclaimer which indicates that the views expressed are those of the employee or others and do not necessarily reflect the position of the individual’s employing agency.

Under the Anti-Lobbying Act, government employees as part of their official work MAY NOT 

• Engage in substantial 'grass roots' lobbying campaigns of telegrams, letters, and other private forms of communication expressly urging individuals to contact government officials in support of or opposition to legislation.  "Substantial" is not defined in the Act, but the 1919 legislative history cites an expenditure of $7500 as the limit, which is considered to approximate $50,000 now.  Grass roots lobbying means encouraging or helping send letters, telegrams, and other communications to government officials to support or oppose pending or proposed legislation.  Despite the $50,000 limit, the Department of Justice recommends that agencies avoid even an appearance of lobbying by refraining from including in their communications with private citizens any requests to contact government officials in support of or opposition to legislation.
• Provide administrative support for the lobbying activities of private organizations,
• Prepare editorials or other communications that will be disseminated without an accurate disclosure of the government's role in their origin (providing copies of existing information is permitted), or
• Appeal to members of the public to contact their elected representatives in support of or opposition to legislative matters or proposals.

Under the Anti-Lobbying Act, government employees as part of their official work MAY

• Communicate through normal channels with Members of Congress and State and local officials and their staffs in support of Administration or Department positions.  The Act does not apply to such direct communications.
• Communicate with the public through public speeches, appearances and published writings to support Administration positions. Although the Department of Justice has interpreted the statute as not applying to speeches, it nevertheless recommends against using such public fora to call on the public to contact legislators or other government officials in support of or opposition to legislation because it is unclear what will be perceived as a grass roots campaign in any given context.
• Communicate privately with members of the public to inform them of Administration positions and to promote those positions -- but only to the extent that such communications do not involve the prohibited activities listed above.
• Lobby Congress or the public to support Administration positions on nominations.  Keep in mind that though you may be permitted to do so under this Act, under other statutes, you may not engage in any official action without appropriate permission.

From the National Institutes for Health Ethics
Program Web page on Lobbying
http://ethics.od.nih.gov/Topics/lobbying.htm

WHEN ACTING IN YOUR ROLE AS
A PRIVATE CITIZEN

DO

• Build a strong relationship with staff members. Find out which assistants cover adult education.
• Arrange a face-to-face meeting with your Legislator and/or education staff member.
• If you can't meet with them, call them to arrange a phone conversation. Precede phone conversation with a letter outlining the main points of your discussion.
• Invite them to visit local programs.
• Thank them for their support.
• Educate them about the impact programs have made with the resources provided.
• Use your personal letterhead, personal email accounts, personal time, and personal phones or calling cards when communicating about pending or proposed legislation and/or funding requests.

DON’T

• Use any state or federally funded resources to communicate with legislator or staff and/or to encourage others to communicate with respect to legislation. (e.g.: your own time while "on the clock" in a state/federally funded position, program email accounts, program letterhead, program telephone, email discussion groups or "listservs" hosted by National LINCS or TCALL)
• Assume he/she has read something.
• Send form letters; customize them to your state.
• Cover more than one subject in a contact.
• Write a letter longer than 1 - 1 ½ pages.
• Distort the facts. If you don't know something, get back to them with the correct information.

Thanks to Kathi Polis, former state director of adult education in West Virginia and EFF Facilitator, currently President of Strategic Training and Resources, Inc. in Mason, WV, who originally developed and shared these tips with National LINCS’ EFF Facilitators’ listserv.