Effort to Save Agency from Budget Ax Draws Allegations of Wrongful Lobbying

Chemical Safety Board official allegedly circulated a flyer designed to preserve funding.

The small independent investigative agency known as the Chemical Safety Board has been targeted by the Trump White House for elimination in the president’s fiscal 2018 budget request.

But in the week before Memorial Day, it was also targeted by the conservative news outlet The Daily Caller, which unearthed emails that allegedly showed that safety board member Rick Engler has been accused of violating laws that prevent federal employees from lobbying.

Engler -- who had previously been the subject of an E&E Greenwire story on his use of CSB email to help unions in a California regulatory dispute -- was described by The Daily Caller as having “worked with union activists to promote a grass-roots campaign to keep the agency from losing its funding.”

He is said to have recently forwarded to his fellow board members a union flyer titled “Stand Up for Chemical Safety” with the Twitter hashtag SAVE CSB.  “CSB investigates chemical disasters to find their causes and recommends ways to prevent future accidents,” it read. “No other federal agency or private group does this.”

Other conservative news outlets since Trump took office have protested federal employees who use official time or tools to object to changes in policy.

Asked for comment, CSB spokeswoman Hillary Cohen told Government Executive, “The agency does not condone grass-roots lobbying and strives to ensure full compliance with all ethics laws and regulations.”

Engler, before his appointment by President Obama in 2014, ran the pro-union regulatory and safety advocacy group called the New Jersey Work Environment Council, which produced the flyer. That document urged the reader to “Call and write your congressional representative and the ones below and urge them to make our nation, communities and workplaces safer by voting to maintain $11.6 million in funding for CSB. Our health, lives and jobs are worth it!”

 Engler’s previous use of email for nonofficial CSB business did not rise to the level of prosecution or an investigation by the CSB’s watchdog, the Environmental Protection Agency’s inspector general, according to reporting by Bloomberg BNA.

The obligations of federal employees in regard to lobbying were examined in an unsigned Congressional Research Service report from 2015. “The restrictions on the use of federal funds to lobby the Congress have, for example, been consistently interpreted to allow direct communications from federal officers or employees to Congress with respect to legislation or appropriations in order to facilitate an open dialogue between the agencies, departments, and officials in the various branches of government with regard to the public business and public policy options,” it said. “What may generally be prohibited by these various appropriations restrictions, however, are what are known as ‘grass roots’ lobbying campaigns—where federal appropriations are used by an agency or federal officer to specifically urge the public to write or communicate with Congress to favor or oppose legislation.”

Jeff Ruch, executive director of the nonprofit Public Employees for Environmental Responsibility and a frequent critic of CSB management, told Government Executive, “The sole authority on whether Mr. Engler broke rules barring grass-roots lobbying –and what the penalty should be – is the Trump White House. It will be interesting to see whether the White House has an interest in, or the capacity to, enforce ethics restrictions within the executive branch.”

But Scott H. Amey, general counsel of the nonprofit Project on Government Oversight, said: “Engler's involvement on this save CSB lobbying campaign likely constitutes a violation of the federal anti-lobbying law. That said, I wouldn't expect Uncle Sam to move forward with a case against him because the lobbying doesn't rise to Justice's legal threshold of a ‘substantial’ or ‘large-scale’ expense of public funds. If the CSB wants to shield itself from budget cuts, it should engage in direct communications with Congress and prove its worth by highlighting its investigations and safety proposals that protect workers and the public.”

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.