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To: All CNCS-Supported Grantees and Sponsoring Organizations
From:
Valerie Green, General Counsel
Date: March 10, 2014
Re:
Restrictions on Legislative Lobbying and Partisan Political Activity
We are issuing this memorandum as a
reminder for those overseeing, operating, and serving in national and community
service programs supported by the Corporation for National and Community
Service (CNCS) about the rules concerning legislative lobbying and partisan
politics.
Generally, grantee staff and
program participants may not (1)
attempt to influence legislation, including activity related to the
appropriations process, or (2) participate in or endorse political events or
activities while charging time to a CNCS-supported program, accumulating
service or training hours towards an education award, or otherwise performing
activities supported by CNCS. Please note that Section 132A of the National
and Community Service Act (42 U.S.C. §12584a) specifically prohibits the
following partisan and/or political activities:
- attempting to influence legislation;
- engaging in partisan political activities or
other activities designed to influence the outcome of an election to Federal,
state or local public office;
- participation in activities that are likely to
include advocacy for political parties, platforms or candidates, proposed
legislation, or elected officials; and
- conducting a voter registration drive.
In addition, Section 403(c) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. §5043(c)) specifically prohibits Senior Corps programs and VISTA projects from using CNCS resources (i.e., CNCS grant funds or the services of Senior Corps volunteers or VISTA members) to engage in the following partisan and/or political activities:
- attempting to influence the outcome of any election to Federal, state or local office;
- supporting any partisan or nonpartisan political activity associated with an election for Federal, state or local office;
- any voter registration activity, or providing transportation to the polls or similar assistance during an election; and
- attempting to influence legislation.
Individuals may exercise their First Amendment rights, including through
participating in the political process, so long as it is done on their own
initiative, on their own time, and using non-CNCS funds and resources.
But in doing so, it is very important to avoid even a perception that grantee
and program,staff or participants are engaging in impermissible political
activities in those capacities. For example, if your organization engages
in lobbying activities you must be careful to document that such activities are
outside the scope of your CNCS-funded program. Separate accounting for
costs is crucial on this particular point. As another example, wearing
AmeriCorps gear while participating in a political event may result in an
allegation that the AmeriCorps program is supporting political activities, even
if that is not the case. If your organization signs a public petition advocating
some legislative action, you should be sure it identifies itself by its
organizational name rather than as a CNCS-funded program.
It is paramount that all of our national and community service programs proceed
with utmost care to avoid the reality and perception that Federal resources are
being mis-directed to political activities. Clearly-presented orientation
materials and regular reinforcement of these rules with staff and participants
will reduce risks in this area.
CNCS’s Office of Inspector General operates a Hotline for reports of fraud,
waste, abuse of authority, or mismanagement, at 1-800-452-8210 or via e-mail at
hotline@cncsoig.gov.
Please see the frequently-asked questions on this topic that
will provide you with additional helpful information.
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