A bill was introduced in the 86th Congress to prohibit the Post Office Department from transporting first class mail by aircraft on a space- available basis. The Post Office Department opposed the bill and embarked on a campaign to defeat it. Among the tactics used were letters to postal patrons and "canned" editorials asking the public to contact Members of Congress to urge opposition to the bill. GAO found that this activity violated the anti-lobbying statute. B-116331, May 29, 1961. [Kennedy]
Another violation resulted from the use of a kit entitled "Battle of the Budget 1973." The [Nixon] White House at the time was opposed to 15 bills then pending in Congress that it felt would exceed the administration's 1974 budget. White House staff writers assembled a package of materials that were distributed to executive branch officials in an effort to defeat the bills. The kit included statements that people should be urged to write their representatives in Congress to support the administration's opposition to the 15 bills. This, the Comptroller General held, violated the publicity and propaganda statute. B-178448, Apr. 30, 1973.
Administration budget battles with Congress produced another violation in B-178648, Sept. 21, 1973 [Nixon]. This case involved prerecorded news releases provided to radio stations by executive branch agencies. GAO reviewed over 1,000 of these releases and while most were proper, GAO found several that violated the law. Examples of the violations are as follows:
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* "If the President's position of resisting higher taxes resulting from
big spending is to be upheld, the people need to be heard. The voice of
America can reach Capitol Hill and can be a positive persuader."
* "If we are going to have economic stability and fiscal responsibility, we must all support the President's budget program--and let Congress know we support it."
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* "If we don't slow down Federal spending …we face a 15-percent
increase in income taxes and more inflation. I don't think any American
wants this. But, in the final analysis the responsibility rests with
the voters and the taxpayers. They must let the Congress know how they
feel on this critical issue."
Here, the listener is urged merely to make his or her "views" known to Congress. This is nevertheless a violation if the context makes it clear, as in the example, what those "views" are supposed to be.
* "All those unneeded new bills headed for the Presidents desk from Congress--all the unworthy Federal programs and projects--are guns pointed at the heads of American taxpayers…. Right now, Congress is getting all kinds of letters from special interest groups. Those groups are pleading their own selfish causes. I think Congress should hear from all Americans on what the President is trying to do whatever their views may be. And I say that regardless of whether those who contact their Congressmen happen to be in agreement with me."
In B-285298, May 22, 2000 [Clinton], the White House engaged in extensive outreach efforts to business, labor, environmental, and other groups in order to achieve enactment of legislation establishing permanent normal trade relations for China. After reviewing hundreds of documents we identified one e-mail communication that constituted grassroots lobbying. The e-mail, sent by an Agriculture employee serving on the interagency working group established by the White House, went to two major farmers' organizations. The e-mail forwarded an attached message from a Commerce employee (also serving on the working group) reporting that a certain Member of the House of Representatives had not heard from any of the farmers in his district on the issue of trade with China. The forwarding e-mail stated: "We need to work on this ASAP. [The Member] needs to hear from the farmers in his district." The fact that the House Member was already planning on supporting the legislation did not impact our conclusion that the e-mail on its face directly appealed to large farm organizations to contact a Member of Congress to support the legislation.