July 2, 2003 Dear Head Start Colleague: The purpose of this letter is to clear-up any possible confusion concerning my letter of May 8, 2003 reminding grantees of the existence of laws governing lobbying and certain political activities. As a general matter we are all at liberty to contact our representatives about our political thoughts and concerns. It was not my intention to discourage such activities, but rather to provide information concerning what grantees cannot do using Head Start program funds and resources. My May 8 letter was prompted by a newsletter from the National Head Start Association urging grantees to engage Head Start program staff and parents in lobbying Congress concerning pending legislation. Again, it was not my intent to discourage such contact with Congress. My intent was only to help ensure that grantees did not unknowingly run afoul of any of the prohibitions on lobbying or other political activities, whether in the specific context of the NHSA newsletter or otherwise. Accordingly, along with my letter, I transmitted an Information Memorandum originally issued January 13, 1987, which references and summarizes statutory and regulatory restrictions on certain political activities, and also cites regulatory provisions which provide that costs associated with lobbying may not be charged to the Head Start grant. My letter did not purport to modify or expand the Head Start Act or the Hatch Act. The letter certainly was not intended to suggest that the Hatch Act pertains to anything other than the specific partisan political election-related activities which are prohibited therein. Actions taken by grantee staff who engage in lobbying for purposes of influencing legislation without using resources funded by the Head Start program or on time funded by the Head Start program would not be restricted. Moreover, the letter did not suggest that mere receipt by the grantee of e-mails from outside (non-grantee) sources concerning proposed legislation; lobbying or any other matter is unallowable, since that is not even something over which the grantee has control. OMB Circular A-122, as adopted by the Department of Health and Human Services, 45 C.F.R. § 74.27(a), provides guidance on the use of federal funds for lobbying activities to assist nonprofit grantees in determining in advance what costs are unallowable and contains certain documentation requirements applicable to costs related to lobbying by certain grantee employees (OMB Circular, A-122, Attachment B, 25(c)). Section 74.23 applies these requirements to the non-Federal share of the program funds. Apart from these documentation requirements, grantee documentation and allocation of costs for lobbying would not be treated differently from other grant costs. Nothing in the applicable statutory or regulatory requirements or the OMB Circular would prohibit Head Start grantees, staff or parents from engaging in lobbying activities as long as they are not using resources funded by the Head Start program or on time funded by the Head Start program. Moreover, there is no bar to grantee staff answering specific Congressional questions or attending Town Meetings. As you know, any question as to whether program funds had been used for any unallowable purpose is always discussed with the grantee and the grantee has numerous administrative (and subsequent judicial) remedies available to challenge any disallowance. To my knowledge, there is no pending, proposed or actual disallowance by HHS of costs charged to any Head Start grant that is based on the grantee's having engaged in lobbying activities and my letter was not intended to convey that such action was impending. If you have any questions related to this matter, please do not hesitate to contact us. Sincerely, /s/ Windy M. Hill Associate Commissioner Head Start Bureau