Violation of the Use of Appropriated Funds for Certain Lobbying Activities

B-192658: Sep 1, 1978

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GAO was asked to respond to a letter on whether a communication received from the Director, Office of Management and Budget, constituted a violation of 18 U.S.C. 1913, which prohibits the use of appropriated funds for certain lobbying activities designed to support or defeat legislation pending before Congress.

GAO found that the letter from the OMB official was concerning a program of importance to the President's Administration. While it was obviously an attempt to influence legislation, it was directed solely to the members of the House of Representatives. There is no indication that it was disseminated to the public. Under these circumstances, GAO feels that no legislation has been violated but that the question must ultimately be determined by the Department of Justice, since that Department has the primary authority to take enforcement action under the statute.