Higher education officials may already know that federal grant funds cannot be used for lobbying efforts but just in case anyone didn’t know, the Department of Education sent out a reminder earlier this week.
In a September 30 Dear Colleague Letter (DCL), the Department of Education (Department) provided clarifying guidance that the use of federal grant dollars to engage in or subsidize lobbying remains strictly prohibited. The letter goes further to explain that while federal funds can be used to pay for membership in business, technical and professional organizations, that allowance does not extend to those organizations whose primary purpose is lobbying.
The DCL provides the statutory and regulatory background and outlines grantee responsibilities, including:
- Ensuring no federal grant dollars are used directly or indirectly to pay for lobbying efforts;
- A presumption that membership fee amounts tied to a percentage of a federal grant are unallowable;
- Maintaining adequate documentation to demonstrate compliance to ensure that membership fees are not used on lobbying and are reasonable and necessary; and
- Avoiding payment of dues to organizations that cannot or do not report the proportion of their activities that are dedicated to lobbying.
Failure to comply may result in disallowed costs, audit findings, program reviews, and additional oversight or enforcement actions by the Department up to the termination of the grant. Violations may also include civil penalties, fines, and the potential suspension or debarment of grantees or individuals.
Grantees are encouraged to consult their legal counsel and compliance team to review current expenditures to ensure they follow the existing federal requirements. The Department said the DCL “is intended only to provide clarity to the public regarding existing requirements under the law and regulations.”
