President Donald J. Trump issued a memorandum ordering an investigation into the potential misuse of federal grant funds for illegal lobbying and partisan political activities.
The memorandum directs the Attorney General, in consultation with relevant agencies, to investigate whether grant funds are being illegally used to support lobbying or political activity, and to report back within 180 days.
The President asserted that the misuse of funds is wasteful, potentially fraudulent and raises serious legal concerns.
The memorandum includes provisions safeguarding existing executive department and agency authority.
Arguments For
Intended Benefit: Preventing misuse of taxpayer money and upholding the law by investigating potential illegal lobbying and partisan political activities funded by federal grants.
Evidence Cited: Federal funding reviews revealing taxpayer funds being spent on grants with highly political overtones, raising legal concerns regarding compliance with laws limiting the use of federal grant funds for such purposes.
Implementation Methods: Directing the Attorney General to investigate the misuse of funds and take enforcement action, as well as requiring a progress report within 180 days.
Legal/Historical Basis: The President's constitutional authority to ensure the faithful execution of laws and to oversee the spending of federal funds.
Arguments Against
Potential Impacts: Potential for unintended consequences if investigations are overly broad, leading to chilling effects on legitimate grant activities or excessive bureaucratic burden for grantees.
Implementation Challenges: Difficulties in determining the line between permissible advocacy and illegal lobbying, resource constraints for the Attorney General's office, time limitations in completing comprehensive investigations.
Alternative Approaches: Increased transparency requirements for grant recipients, improved auditing and oversight procedures, implementing stricter regulations during grant application processes to explicitly prohibit political use of funding.
Unintended Effects: Potential for politically motivated investigations, hampering progress on important initiatives funded through grants, creation of a climate of fear and distrust between the government and grant recipients.
MEMORANDUM FOR THE ATTORNEY GENERAL
SUBJECT: Use of Appropriated Funds for Illegal Lobbying and Partisan Political Activity by Federal Grantees
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct:
Section 1. Investigations Into Use of Federal Grant Funds. Federal funding reviews by my Administration have revealed that taxpayer funds are being spent on grants with highly political overtones.
In addition to being a wasteful, abusive, and potentially fraudulent use of the American people’s money, the possible use of Federal grants as slush funds for political and legislative advocacy raises serious legal concerns. Federal law places strict limitations on the use of Federal grant funds, and in many instances prohibits grantees from lobbying with appropriated funds or supporting political candidates or parties with grant funds.
Therefore, consistent with my duty to take care that the laws are faithfully executed, I hereby direct the Attorney General, in consultation with the heads of executive departments and agencies, to investigate whether Federal grant funds are being used to illegally support lobbying activities (See, 31 U.S.C. 1352) and to take appropriate enforcement action. The Attorney General shall report to the President within 180 days of the date of this memorandum on the progress of the investigation.
This memorandum directs the Attorney General to investigate the potential misuse of federal grant money for illegal lobbying or partisan political activities.
The President cites federal funding reviews showing grants with highly political overtones, characterizing this as wasteful, abusive, and potentially fraudulent.
Following this, the Attorney General, in consultation with other agencies, must investigate these activities and report back within six months.
Sec. 2. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) You are authorized and directed to publish this memorandum in the Federal Register.
DONALD J. TRUMP
Section 2 includes several clarifying statements.
It specifies that the memorandum does not limit existing powers of executive departments or the Office of Management and Budget.
Implementation will meet legal requirements and funding availability.
Importantly, this memorandum does not create any legally enforceable rights.
Finally, the memorandum is to be published in the Federal Register.
The post Use of Appropriated Funds for Illegal Lobbying and Partisan Political Activity by Federal Grantees appeared first on The White House.
This is a standard White House website posting note indicating the original publication location.