POLICY

A. Purpose

This policy prohibits Laboratory employees from engaging in political activity using Laboratory resources. It also prohibits employees from acting on behalf of Lawrence Berkeley National Laboratory (Berkeley Lab), the University of California, or the U.S. Department of Energy, or giving the appearance of doing so, when communicating with local, state, or federal government officials without prior authorization.

B. Persons Affected

This policy applies to all employees, including staff with joint appointments, and affiliates.

C. Exceptions

Designated employees in the Office of Government and Community Relations may perform agency and legislative liaison activities on behalf of Berkeley Lab.

D. Policy Statement

1. Lab employees and affiliates may not conduct or engage with political activities at any Lab location, during meetings at or related to the Lab, during Lab-paid work hours, while on official travel, or while otherwise using any Lab, Department of Energy, or University of California space or resources, including email, computers, enterprise accounts, mobile devices, and networks. Examples of political activity include soliciting donations for political campaigns, urging others to vote a certain way, organizing or attending a campaign event or fundraiser, circulating a political petition, or participating in lobbying or advocacy activities. The improper use of federal resources for lobbying is prohibited by law.
   1. Any apparel or merchandise that invokes a political campaign (including shirts, hats, buttons, bumper stickers, posters, mugs) must not be used to conduct political activities on Lab sites or to create, intentionally or unintentionally, the impression that the Laboratory endorses a candidate or position. For example, it would be inappropriate for an employee to distribute partisan political campaign material on site or to wear campaign apparel while representing the Lab to external audiences, such as leading a facility tour for members of the public.
2. Employees and affiliates can participate in political activity on their own time using their personal resources, as private citizens and not as representatives of Berkeley Lab. Employees of federal contractors, including Lab employees, can contribute to political candidates and causes as private citizens using their personal funds.
3. Berkeley Lab employees and affiliates may not communicate with government officials as representatives of the Lab, University of California, or DOE without prior authorization. Authorization for Lab staff requires approval from the Laboratory Director or Deputy Director for Research. Unauthorized representation may be considered a conflict of interest.
4. When corresponding with local, state, or federal government officials, a writer may use Berkeley Lab letterhead only when authorized to represent Berkeley Lab. If authorized to use Berkeley Lab letterhead for corresponding with such officials, including executive branch appointees, members of Congress, members of the state legislature, or their staffs, the correspondence must be coordinated with the appropriate division director, Associate Laboratory Director, and relevant point of contact within the Office of Government and Community Relations.
5. Upon request by a government official or their staff and coordinated through the Office of Government and Community Relations, Lab employees may provide technical assistance on draft legislation, brief policymakers and their staff, provide written and oral testimony in a formal hearing or official meeting, and otherwise share relevant expertise on scientific, operational, or technical matters.
6. When employees or affiliates give opinions or provide technical guidance as independent professionals, they must take care to present themselves in such a way, and to state clearly, that they are speaking for themselves and not on behalf of Berkeley Lab, the University of California, or the DOE. This includes when providing expert testimony at a formally constituted hearing before congressional, legislative, commission, or other local, state or federal government entities.

E. Roles and Responsibilities

Managers, supervisors, and employees have the responsibility to adhere to the provisions of this policy.

F. Definitions/Acronyms

None

G. Recordkeeping Requirements

The University of California is required to submit quarterly disclosures to the California Secretary of State regarding all gifts (meals, travel, and most events) to state legislators and staff from the Governor’s office and dues to organizations that may use those funds for lobbying. Berkeley Lab is responsible for reporting any such gifts or dues paid with Lab funds to the University of California Office of the President by the end of each quarter: March 31, June 30, September 30, and December 31. This reporting requirement applies to University and DOE-funded activities, and excludes personal gifts made by employees using their own funds.

The rules governing these requirements are detailed and require assessment. Prior to providing a gift or making a dues payment to an organization that engages in lobbying the California State Legislature, employees need to contact State Government Relations and the Office of Laboratory Counsel to discuss whether these activities need to be reported to the UC Office of the President.

H. Implementing Documents

None

I. Contact Information

Government and Community Relations Office

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents

• University of California Policy on Relations of University Staff Members with State and Federal Officials
• Contract 31, Clause I.008, FAR52.203-12, Limitations on Payments to Influence Certain Federal Transactions (OCT 2010)
  
• 31 U.S.C. 1352 - Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions
• 18 U.S.C. 1913 - Lobbying with appropriated moneys
• 11 CFR §115.6 Employee contributions or expenditures.