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B-223098,B-223098.2 1 (1986-10-10)

handle is hein.gao/gaobacyyr0001 and id is 1 raw text is: B-223098, B-223098.2 O e , October 10, 1986 DELAYED DISTRBU1TION RELEASEU ,A DIGESTS 1. Public information materials of the Small Business Admin- istration (SBA), provided to GAO for review, do not appear to violate the criminal anti-lobbying statute, 18 U.S.C. 9 1913, such that referral to the Justice Department is warranted. The Department of Justice interprets 18 U.S.C. S 1913 to apply only when funds are spent in a grass roots lobbying effort- -where an attempt is made to induce members of the public to contact their representatives in Congress to persuade them to either support or oppose pending legislation. Those circum- stances are not present here. No civil anti-lobbying statute is applicable to the SBA in these circumstances. 2. Suggested editorials prepared by the Small Business Administration (SBA) for distribution to newspapers violate section 601 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriation Act, 1986, Pub. L. No. 99-180, 99 Stat. 1136, 1168 (1985), which prohibits the use of SBA appropriations for publicity and propaganda. The editorials, prepared by SBA for publication as the ostensible editorial position of the recipient news- papers, are misleading as to their origin and reasonably constitute propaganda within the common understanding of that term. The SBA suggested editorials are beyond the range of acceptable agency public information activities and, accordingly, violate the publicity and propaganda prohibi- tion of section 601.

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