Mack Mechanical, Inc., B-304715, April 27, 2005

B-304715 Apr 27, 2005 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights GAO declined to take further action on requests for a legal decision regarding whether the Social Security Administration engaged in a grassroots lobbying effort on behalf of the President's Social Security initiative in violation of the prohibitions in 18 U.S.C. 1913 and section 503 of the Consolidated Appropriations Resolution, 2005, Pub. L. No. 108-447, div. F, title V, 118 Stat. 2809, 3162 (Dec. 8, 2004). GAO has long required evidence of a clear appeal by the agency to the public to contact congressional members in support of the agency's position before it would find that an agency violated these prohibitions. The materials submitted to GAO in this case did not evidence such an appeal. The requesters asked GAO to adopt a new, more relaxed standard in place of the established requirement, but GAO declined to do so. GAO's requirement for evidence of a clear appeal by the agency to the public to contact congressional members in support of the agency's position before GAO will find that an agency violated the prohibitions on grassroots lobbying (contained in 18 U.S.C. 1913 and section 503 of the Consolidated Appropriations Resolution, 2005, Pub. L. No. 108-447, div. F, title V, 118 Stat. 2809, 3162 (Dec. 8, 2004)) was founded upon the language and legislative history of the statutory provisions. This requirement is consistent with a proper respect for the right and responsibility of federal agencies to communicate with the public, as well as Congress, regarding agency policies and activities. GAO remains reluctant to construe these prohibitions in such a way that would unnecessarily or excessively constrain agency communications with the public or Congress. View Decision B-304715, Social Security Administration--Grassroots Lobbying Allegation, April 27, 2005 B-304715 April 27, 2005 The Honorable Frank R. Lautenberg The Honorable Edward M. Kennedy The Honorable Hillary Rodham Clinton The Honorable Richard J. Durbin The Honorable Mark Dayton The Honorable Jon S. Corzine The Honorable Carl Levin The Honorable Jack Reed United StatesSenate Subject: Social Security Administration--Grassroots Lobbying Allegation This responds to your joint letter requesting a legal decision regarding your concern that the Social Security Administration (SSA) may be engaging in grassroots lobbying designed to encourage members of the public to contact their senators and representatives in support of the President's Social Security initiative. Joint Letter to David M. Walker, Comptroller General, Jan. 26, 2005 (hereinafter, Joint Letter). Previously, as explained below, before we have found a violation of the prohibition on grassroots lobbying, we have required evidence of a clear appeal by the agency to the public to contact congressional members in support of the agency's position. However, none of the materials that you provided with your letter rises to the level of such an appeal to the public. Accordingly, absent evidence of a clear appeal by the agency, we do not plan to take any further action on this matter. Your letter notes that each year SSA mails to over 140 million Americans a document entitled, "Your Social Security Statement." SSA uses this document to provide workers an annual report of SSA's records concerning the worker's employment history and an estimate of the benefits that the worker may expect to receive under the Social Security Act. Pages 1 and 2 of a Sample Statement [1] that you provided states that "the Social Security system is facing serious future financial problems and action is needed soon to make sure that the system is sound when today's younger workers are ready for retirement." 2005 Sample at 1. It adds that "[u]nless action is taken soon . . . in just 14 years we will begin paying more in benefits than we collect in taxes. ... Without changes, by 2042 the Social Security Trust Fund will be exhausted." Id. It also notes that these estimates are based on current law and that "Congress has made changes to the law in the past and can do so at any time." Id. at2. The 2005 Sample adds, "The law governing benefit amounts may change because, by 2042, the payroll taxes collected will be enough to pay only about 73percent of scheduled benefits." Id. You note that this document is highly likely to be read, and you suggest that SSA may have deliberately couched this document in terms "designed to spur citizen contacts to Congress in support of President Bush's Social Security changes." Joint Letter at 4-5. Generally, the statements and activities you identify deal with the solvency issue of the Social Security system. [2] You suggest that the statements in this document should be read within the context of what may be a larger SSA campaign to build public support for the President's present initiative to reform the Social Security program.