CONTACTS WITH THE CONGRESS
Sections
4.06.04 Policy on Congressional Contacts
4.06.05 Responsibilities for Congressional Contacts and Mail
4.06.06 Receipt and Distribution of Congressional Mail
4.06.07 Authority to Sign Mail Addressed to the Congress
4.06.08 Reporting Congressional Contacts to the Department of Commerce
4.06.09 Copy Requirements for Congressional Mail
Appendix A - Prohibition Against Lobbying
With Appropriated Funds
4.06.01
PURPOSE
a. This subchapter gives NIST procedures and responsibilities for contacts
on official business with Members of the Congress and with Congressional
staffs.
b. The policies, responsibilities, and rules in Subchapter 4.05, Correspondence,
are to be followed in preparing Congressional correspondence.
c. This subchapter implements Department Administrative Order 218-2,
Congressional Correspondence and Inquiries.
4.06.02
SCOPE
This subchapter applies to all NIST employees.
4.06.03
DEFINITIONS
a. Congress - Members of Congress, their personal and committee
staffs, and agencies or organizations within the Legislative Branch (e.g.,
General Accounting Office, Library of Congress, Office of Technology Assessment,
Congressional Budget Office, etc.)
b. Policy (nonroutine) Contacts with the Congress - Correspondence,
telephone calls, and personal contacts on:
--Legislative matters;
--Politically sensitive matters;
--Legal matters;
--Programs, appropriations, and related fund matters including contacts on any subject with Members of the Congressional Appropriations Committees or Subcommittees which act on NIST appropriations; and
--Any subject with Committees or Subcommittees of special importance
to NIST, such as the Senate Committee on Commerce, Science, and Transportation,
and the House Committee on Science.
c. Routine Contacts with the Congress - Correspondence, telephone
calls, and personal contacts on:
--The ongoing work of the NIST (see Subchapter 4.05);
--Requests for publications; and
--Administrative matters such as employment.
d. Constituent Inquiries - Correspondence from constituents referred
to NIST either by routing slip or by letter for reply. These are considered
nonroutine (policy) when the response has significant policy implications;
such inquiries are considered routine when no policy implications are involved.
4.06.04
POLICY ON CONGRESSIONAL CONTACTS
a. Prompt and courteous response to informal, direct contacts by Congressional
Members or staff is essential. However, employees should inform the NIST
Director of Congressional and Legislative Affairs of all nonroutine contacts
(see Section 4.06.07).
b. All Congressional mail should be answered within five working days
after the date it is received in the Office of the Director or on the date
assigned by the Department Executive Secretariat.
4.06.05
RESPONSIBILITIES FOR CONGRESSIONAL CONTACTS AND MAIL
a. The NIST Director of Congressional and Legislative Affairs is responsible
for coordinating all NIST contacts with the Congress and for reporting
important official inquiries and requests to the NIST Director and to the
Assistant Secretary of Commerce for Legislative and Intergovernmental Affairs.
b. The NIST Director of Congressional and Legislative Affairs should
be consulted prior to any scheduled visits with or calls to Senators, Representatives,
or their personal or Committee staffs, whether requested by the Congress
or initiated by NIST officials. All NIST officials must be accompanied
on any Congressional visits by the NIST Director of Congressional and Legislative
Affairs unless it is mutually agreed, in advance, that this requirement
is unnecessary.
c. The NIST Director of Congressional and Legislative Affairs is responsible
for reporting and coordinating responses to Congressional inquiries on
legislation with the appropriate NIST officials and the Department's General
Counsel who ensures that the response is coordinated within the Department.
d. The Chief Financial Officer is responsible for coordinating responses
to appropriation and related funding inquiries and for immediately reporting
Congressional inquiries on appropriations and related fund matters to the
appropriate NIST officials and the Departmental Budget Officer so that
the response may be coordinated with the Department and dispatched promptly.
e. OU Directors are responsible for seeking the advice of the NIST Director
of Congressional and Legislative Affairs when an inquiry is received from
the Congress.
f. The Office of the Director is responsible for logging in Congressional
mail and distributing information copies to appropriate NIST officials.
g. Each NIST staff member who has contact with the Congress on official
matters is responsible for following the rules and procedures in this subchapter.
4.06.06
RECEIPT AND DISTRIBUTION OF CONGRESSIONAL MAIL
a. Mail from the Congress is delivered from the Mail and Distribution
Group to the Office of the Director (at Boulder, to the Office of the Director,
NIST/Boulder Laboratories).
b. If the mail is addressed to an individual by name, it is forwarded
to the addressee unopened, after being logged in and assigned a control
number by the Office of the Director. Special instructions from the Office
of the Director regarding handling of the item are attached before forwarding
to the individual addressee.
c. If the mail is not addressed to an individual by name, it is opened
in the Office of the Director, logged in, assigned a control number, and
sent to the organizational unit designated for preparation of a reply in
accordance with Section 4.06.07.
4.06.07
AUTHORITY TO SIGN MAIL ADDRESSED TO THE CONGRESS
a. Response to nonroutine (policy) mail on legal, legislative, and
politically sensitive matters is signed by the NIST Director. After the
reply has received the concurrence of the OU Director it should be routed
through the NIST Deputy Chief Counsel and the NIST Director of Congressional
and Legislative Affairs to the Office of the Director for signature.
b. Responses to nonroutine, technical inquiries are signed by appropriate
technical staff. After concurrence by the OU Director, the signed response
should be routed through the NIST Deputy Chief Counsel and the Director
of Congressional and Legislative Affairs for concurrence, then to the Office
of the Director for dispatch.
c. Responses to personnel inquiries are signed by the NIST Deputy Director
with concurrence by the Personnel Officer (at Boulder, also the Director,
NIST/Boulder Laboratories), the NIST Deputy Chief Counsel, and the NIST
Director of Congressional and Legislative Affairs.
d. Responses to administrative inquiries are signed by the NIST Deputy
Director with concurrence by the Director of Administration, the NIST Deputy
Chief Counsel, and the NIST Director of Congressional and Legislative Affairs.
e. Congressional correspondence addressed to a staff member by name
which is found by the addressee on opening to be personal and not related
to official NIST or DoC business is excepted from the requirements of this
section. The addressee should promptly advise the Office of the Director
that the letter is personal and not related to official business.
If the subject of the individually addressed correspondence is official
business, the reply should be handled as follows:
(1) If the response is a program matter within the field of competence
of the addressee, they should prepare, sign, and route the reply unsealed
through their OU Office for approval, to the NIST Director of Congressional
and Legislative Affairs for concurrence, and to the Office of the Director
for dispatch. An information copy should be sent to the NIST Director of
Congressional and Legislative Affairs.
(2) If the response involves a program matter not within the field of
competence of the addressee, the addressee should advise the Office of
the Director. This Office reassigns the correspondence to the appropriate
organizational unit for reply. (See paragraphs a. and b. above.) Information
copies of the reply should be prepared for the NIST staff member who received
the personally addressed inquiry and for the NIST Director of Congressional
and Legislative Affairs.
4.06.08
REPORTING CONGRESSIONAL CONTACTS TO THE DEPARTMENT OF COMMERCE
a. Mail Inquiries - The NIST Director of Congressional and Legislative
Affairs reviews the information copies of all correspondence addressed
to the Congress and reports important nonroutine contacts to the Department.
b. Telephone Contacts - Each staff member who talks to a member of Congress or a Congressional staff member on a nonroutine matter should report the details of the conversation to the NIST Director of Congressional and Legislative Affairs.
4.06.09
COPY REQUIREMENTS FOR CONGRESSIONAL MAIL
a. In addition to copies prescribed for other correspondence, the following
copies are also required:
(1) One courtesy copy (duplicated from the original) is attached to
each letter addressed to the member of Congress. This copy should not
show NIST internal information (i.e., concurrences, clearances).
(2) An information copy is always prepared for each letter addressed
to the Congress for the Assistant Secretary for Intergovernmental and Legislative
Affairs, the NIST Director, the NIST Deputy Chief Counsel, and the NIST
Director of Congressional and Legislative Affairs;
(3) Two information copies should be prepared for the DoC Executive
Secretariat; and
(4) An information copy is prepared for each person who cleared or coordinated
the letter.
These information copies are distributed by the Office of the Director.
b. When an information copy of correspondence addressed to a government
official or to the public is sent to the Congress, information copies are
prepared for the Assistant Secretary Intergovernmental and Legislative
Affairs, the NIST Director, and the NIST Director of Congressional and
Legislative Affairs.