萝卜AV视频

Background:  We know that many superintendents have received a on September 30th from the U.S. Department of Education (ED) regarding the prohibitions on the use of federal funds for lobbying activities. This blog clarifies AASA鈥檚 current understanding of the guidance which we will update if additional information or guidance becomes available.   

Top Line Summary: The Dear Colleague letter includes no changes in law, regulation or guidance. Given the new guidance, it would be prudent for grantees to take this opportunity to review their practices and ensure compliance.  

Detailed Summary: On September 29th, ED sent a letter to States and other grantees regarding the prohibitions on the use of federal funds for lobbying activities. The letter cites 2 CFR 200.450, noting that federal grant funds may not be used to 鈥渋nfluenc[e] activities associated with obtaining grants, cooperative agreements, contracts, or loans.鈥� None of the restrictions cited represent changes in law, regulations or guidance; the letter merely presents a reminder. However, given this renewed focus on the restrictions, it would be wise for grantees to take this opportunity to review their practices to ensure compliance. 

The category of 鈥渓obbying activities鈥� prohibited by the 鈥淏yrd Amendment,鈥� cited in many federal grant documents (31 USC 搂 1352), includes activities designed to influence the awarding, extension, continuation, renewal, amendment, or modification of any federal grant, contract, grant, loan, or cooperative agreement. The defining element of 鈥渓obbying鈥� is the intent to influence changes to how a specific program is administered or authorized.   

Regular activities to administer federal grants, including asking for clarifications of activities or approval of expenditures, are not lobbying. Activities which do not constitute lobbying under the Lobbying Disclosure Act (LDA) also include drafting and submitting comments in response to a Federal Register notice, responding to a government enforcement action or review, like a monitoring or audit, Congressional testimony, or answering a Congressional or executive branch request like an inquiry from your local Congressional office, among others (see 2 USC 搂1602(8)). 

In general, most activities conducted by staff administering federal grants do not constitute lobbying. However, there are exceptions. While State and local staff are permitted to advocate for their programs as part of their job duties under federal law, please note that does not necessarily mean that all activities by such staff can be supported by federal funds. 

If individual staff or membership organizations do participate in lobbying activities, non-federal funds should be used to pay for those activities in proportion to the activities conducted (see 2 CFR 搂 200.405). For example, if a membership organization spends 10% of member fees on lobbying activities, 10% of an individual member鈥檚 fees should be paid out of non-federal funds.  

The 鈥淒ear Colleague鈥� letter also notes that organization membership and meeting attendance fees should be reviewed to determine if costs can be paid out of federal funds. Costs of membership in organizations whose 鈥減rimary purpose鈥� is lobbying may not be paid with federal funds (2 CFR 搂 200.454). Specific to AASA, as measured against our overall budget, lobbying is NOT our primary purpose.  

Superintendents should contact individual membership organizations to determine if they conduct any lobbying activities as defined under the LDA and, if so, how they fund those activities. If you have additional questions, feel free to reach out to the 萝卜AV视频Advocacy Team.