ANTI-LOBBYING ACT

18 U.S. Code § 1913 (Lobbying with Appropriated Moneys) is a criminal
statute applicable to all Federal executive branch employees. It
prohibits the use of appropriated funds (including the use of official
employee time and Government resources) for activities that are intended
or designed (directly or indirectly) to influence in any manner a member
of Congress, a jurisdiction, or an official of any government (Federal,
state or local) to favor or oppose any legislation, law or
appropriation. Here is the full text of the statute:

**18 U.S. Code § 1913 - Lobbying with Appropriated Moneys**

No part of the money appropriated by any enactment of Congress shall, in
the absence of express authorization by Congress, be used directly or
indirectly to pay for any personal service, advertisement, telegram,
telephone, letter, printed or written matter, or other device, intended
or designed to influence in any manner 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; but this shall not prevent
officers or employees of the United States or of its departments or
agencies from communicating to any such Member or official, at his
request, or to Congress or such official, through the proper official
channels, requests for any legislation, law, ratification, policy, or
appropriations which they deem necessary for the efficient conduct of
the public business, or from making any communication whose prohibition
by this section might, in the opinion of the Attorney General, violate
the Constitution or interfere with the conduct of foreign policy,
counter-intelligence, intelligence, or national security activities.

Following are guidelines on applying the anti-lobbying law to activities
of the U.S. Geological Survey. You are encouraged to contact the USGS
Ethics Office (EthicsOffice@usgs.gov or a USGS ethics counselor) if you
have any questions, need additional information, or want guidance on
whether a specific proposed activity is consistent with this statute.

**GUIDELINES ON APPLYING ANTI-LOBBYING LAWS**

**Presidentially-Appointed, Senate-Confirmed (PAS) Officials**

The anti-lobbying statute has been interpreted not to apply to
activities personally undertaken by PAS employees within their areas of
responsibility. Therefore, PASs may encourage the public to contact
government officials in speeches and similar public communications or in
private communications such as letters, telephone calls, and meetings.
PASs may not direct or request other Federal employees to engage in
activities that would violate the anti-lobbying laws.

**Non-PAS Employees (including SES, SL, ST, Schedule C and General
Schedule Employees)**

**[May]{.underline}:**

1\. Engage in activities which provide information about pending
legislation.

2\. 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 or symposia to promote public awareness of
legislative proposals, so long as they are not organized or designed for
the purpose of advocating support for or opposition to such proposals.

3\. 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. This material may include information about the
status of legislation and the administration\'s position on proposed
legislation but may not, directly or indirectly, encourage the public to
contact government officials.

4\. Through proper channels, initiate meetings or communicate directly
with government officials regarding pending legislation.

5\. Tell the public how they may obtain additional information regarding
proposed legislation.

**[May NOT]{.underline}:**

1\. Participate in activities or campaigns which are designed to
generate support for or opposition to pending legislation. Both the
content of what is said and the context of the activity are important in
determining whether the activity violates the anti-lobbying statute.
Appeals to the public to support or oppose pending legislative proposals
do not have to be explicit to violate the anti-lobbying statute. Where
an appeal for public support or opposition can be readily inferred from
the context of the activity, even though words like \"write your
congressional representative to express outrage about this\" are not
used, the activity may be a violation. Factors that may be taken into
account in determining whether an activity violates these laws include
the type of activity, the audience, the timing relative to the status of
legislation, and the nature of the forum. Improper expenditure of any
amount of appropriated funds in any form --- salary, equipment,
supplies, etc. --- may constitute a violation of the anti-lobbying
statute.

2\. Participate in events or programs specifically designed to promote
public support for or opposition to pending legislation.

3\. 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 government officials in
support of or opposition to pending legislation.

4\. Prepare or distribute letters, pamphlets, kits, booklets,
publications, or television, radio, or film presentations that expressly
ask that anyone contact government officials to support or oppose
pending legislation.

5\. 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
USGS, and who have not asked for such information.

6\. Initiate or coordinate meetings between members of the public and
government officials to discuss proposed legislation.

7\. Provide members of the public with target lists of government
officials for the purpose of seeking to influence their position on
pending legislation.

8\. \"Ghostwrite\" letters to the editor, speeches, or other materials
dealing with proposed legislation for anyone in a non-Federal position.

9\. Request or recommend that a recipient further distribute materials
regarding proposed legislation, or provide a large number of copies of
such material for redistribution.

10\. Provide lists of, or correspondence from, persons who favor or
oppose certain legislation to groups that lobby government officials,
except where the material is requested and properly made available under
the Freedom of Information Act.