Upward Bound/Talent Search Lobbying Precautions

From a message sent to the TRIO listserv by Charles Cantale on Monday January 24, 2005. Dear members of the TRIO community:

No doubt you have heard that the President is planning to eradicate the Upward Bound and Talent search programs, two of the oldest TRIO programs. Not only should this concern you, but it should outrage you and prepare you for a hard political battle to save these programs. However, I want to remind you as a friend and advocate of the TRIO programs that if you are paid on federal dollars you are restricted on how, when, and where you can reply. Because you are on federal dollars and your reply becomes a lobbying effort, you are subject to the federal regulations on lobbying. Do not kill the messenger for this message; I am saying this to you remind you to protect yourself. There are ways to fight the battle without violating the lobbying laws. We need you in the field, however, people have lost their jobs because they did not follow the lobbying regulations. Since I am no longer on federal funds I can encourage you to fight the fight and protect these programs for disadvantaged youth.

Office of Management and Budget Circular A21 (revised 051004), May 10, 2004

Point 28: Lobbying -- reads:

"Notwithstanding other provisions of this Circular, costs associated with the following activities are unallowable:

(1) Attempts to influence the outcomes of any Federal, State, or local election, referendum, initiative, or similar procedure, through in kind or cash contributions, endorsements, publicity, or similar activity;

(2) Establishing, administering, contributing to, or paying the expenses of a political party, campaign, political action committee, or other organization established for the purpose of influencing the outcomes of elections;

(3) Any attempt to influence -

(i) the introduction of Federal or State legislation:

(ii) the enactment or modification of any pending Federal of State legislation through communication with any member or employee of the Congress or State legislature, including efforts to influence State or local officials to engage in similar lobbying activity; or

(iii) any government official or employee in connection with a decision to sign or veto enrolled legislation;

(4) Any attempt to influence -

(i) The introduction of Federal or State legislation; or

(ii) The enactment or modification of any pending Federal or State legislation by preparing, distributing, or using publicity or propaganda, or by urging members of the general public, or any segment thereof, to contribute to or participate in any mass demonstration, march, rally, fund raising drive, lobbying campaign or letter writing or telephone campaign;

NOTE: The use of your computer and your time, if paid by federal dollars, is considered an expense of which these laws are speaking.

A parting message: not to say you shouldn't advocate for your programs, just make sure don't violate any federal regulations. Also check with state and your institutions regulations regarding lobbying.

Remember, silence is the voice of complicity.

Charles W. Cantale
Director of Educational Opportunities
Minnesota State University, Mankato