HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaobabjds0001 and id is 1 raw text is:
COMPTROLLER GENERAL OF THE UNITEO STATES
,,.1 WASHINGTON D.C. 20548
B-163762 November 24, 1980
The Honorable Benjamin A. Gilman
House of Representatives
60 ooo I
Dear Mr. Gilman:
We refer to your October 1, 1980,( uest for an opinion on the
Ethority of the Legal Services Corporatin tafter--rerred-to- C4/C 6)00(o7
as--the-C5?p0)at-ieid to expend appropriated funds for 'obbying'-
activitiesj Specifically, you have requested our views on a meimo-
randrn to-legal services program grantees, dated April 14, 1980,
prepared by the Corporation's Office of General Counsel, setting
forth the Corporation's interpretation of its legal authority to
engage in legislative representation activities. ,e have concluded
that applicable law prohibits the Corporation from expending appro-
priated funds for publicity or propaganda purposes designed to
induce members of the public to contact elected representatives
for the Eyrpose of supporting or defeating legislation pending in
the Congress or any State legislature. The Corporation's legal
mmorandum in essence takes this position also.
The Legal Services Corporation Act of 1974, as amended (42 U.S.C.
V-5 2996 et. sea) provides the Corporation with broad authority to fund
prog.rjus that furnish' legal assistance to eligible clients. The Corpora-
tion does this by making grants to and contracts with individuals, orga-
nizations and local goverruental ent.ities, known as recipients.
The provisions of'if2 U.S.C. § 2996f establish certain criteria
and restrictions the Corporation must observe in grants and contracts
with providers of legal assistance. Of particular interest is the
restriction containe-d in12 U._.C. § 2996f(a)(5), which requires the
Corporation to insure that funds made available to recipients are not
used, either directly or indirectly, to undertake to influence the
passage or defeat of any legi iation by the Congress of the United C.LwO 00400
States or by State or local legislative bodies.
Three exceptions are made to this broad prohibit-ion on the
exLx..nd iture of afpronriated Lunds to inf .U.ncc legislation. One
exception allows the othetiise prohibited activities ny an o,.-plovee
of a rec.ipient vhe-re, the propr repr'Cn tatn ot *-n oiigibie client
recuires such acti.vity. The second exception Ztlow:; an employee of
a rccipient, when r(<1ue-te tO tt estilV and otherwise sst >1 egis-
] at iwe c~iies. 'he thir,] exceut0ion CQ,, I 1t ,c arice'-; Lore such
qcnci ,.':; Ok tx:,' S 0;n t1,.1 1c.%i ;cnt.': owK n l[:iati 2 S. l tt -.
dire Ly a: Wect i n.:j l.;a I. :.rv ics .rxjt', act iv i t i](ViewImageLocal?handle=hein.gao/gaobabjds0001&div=1&collection=&method=preview&ext=.png&size=3)