Advocacy, Lobbying, and Education: Misconceptions About What Federal and State Employees
Can and Cannot Do.

B. Schneeman, B. Williams, American Heart Association, Dallas, Texas

Advocacy, lobbying, and the continuing education of legislators and other policy makers are essential tools used to develop and sustain public health programs. The act of suggesting new laws and policies (or changes in current laws and policies) is a hallowed tradition in the United States, protected by the First Amendment. Citizens with knowledge and skill in the public health arena -- but who are employed by a state or federal government agency -- can contribute to public health policy, if they understand the rules on how to properly engage in advocacy activities. The details of these provisions differ from state to state and from agency to agency, so it is important for individual government employees to know and understand specific provisions that affect them.

In general, federal law prohibits government officers and employees from using public funds to lobby or influence a Member of Congress on legislation. The law generally prohibits the use of federal funds to promote substantial letter-writing or publicity campaigns (i.e. "grassroots" lobbying), and prohibits the use of federal funds for any type of partisan electioneering activities. The law does not prohibit "direct communications" between government employees and Members of Congress or their staff in support of Administration or Department positions. Except in some very narrow and specific instances (mostly affecting employees working for federal law enforcement or intelligence gathering agencies), nothing in federal law or regulation prohibits federal employees from using their own time and money to advocate, lobby, or educate decision makers.

State or federal government employees who desire to "make their voice heard" on public health policy issues should strive to know and understand specific state or agency rules that apply to them. Within these bounds, government employees can use every resource available to them -- including professional training or credentials and personal time and money -- to advocate, lobby, and educate decision makers.

 

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