Grassley: HHS initiative is propaganda, violates federal law

U.S. Sen. Chuck Grassley, a congressional leader known for his watchdog approach to federal agencies, believes that an online initiative launched by the U.S. Department of Health and Human Services amounts to state-sponsored propaganda.

“The campaign now on hhs.gov is not purely informational because it expressly has visitors ‘affirm’ their commitment to work with congressional leaders to enact legislation this year,” Grassley said, and added that this “looks like the type of violation the law was written to prohibit.”

The initiative by HHS provides an online form that can be completed and then submitted by individuals visiting the site. The letter that appears directly to the left on the form on the screen begins with “Dear Mr. President” and ends with a pledge of commitment to work with the Obama administration and congressional leaders “to enact legislation this year which provides affordable, high quality coverage for all Americans.”

At Grassley’s request, a legal opinion on the subject was issued by the American Law Division at the Congressional Research Office this week, and those officials also agree with Grassley that the HHS initiative is an inappropriate use of funds and that it may violate at least three areas that govern use of appropriated funds.

“If the expenditure for the letter writing campaign to the President, supporting the President’s position with regard to health care reform proposals, is not deemed sufficiently ‘informational’ or educational, that is, that it is not a communication with the public ‘regarding its functions, policies, and activities,’ then it may be argued that it may be in violation of the general appropriations rider in Section 720, Division D, of the Omnibus Appropriations Act of 2009 as a ‘publicity or propaganda’ campaign involving a grassroots lobbying effort directed at the President.”

According to the opinion, HHS may also be in violation of another section for the Omnibus Act that prohibits publicity or propaganda “designed to support or defeat legislation pending before the Congress.”

Finally, the legal opinion points to a possible violation of the U.S. criminal code that denies use of federal appropriations for state campaigns that are designed to influence government officials.

Health and Human Services Secretary Kathleen Sebelius contends that the initiative allows individuals to share personal stories and ideas regarding reform.

“The ‘State Your Support’ link allows individuals to express their support for health insurance reform,” she wrote in a letter this week to Grassley. “Individual who state their support and provide contact information are then notified of updates to information on the HealthReform.gov website and are occasionally invited to health reform-related events in their area.

“…[T]he Department has been careful to comply with all legal requirements with respect to this link and its other communications with the public.”

If the sword-clattering from both sides sound familiar, its because these type of disagreements — whether or not a federal agency is engaging in propaganda or pure information distribution — aren’t unusual. The players on either side vary depending on who is in control of the agencies, and the specific topic.

For instance, four years ago House Speaker Nancy Pelosi called use of taxpayer funds for government propaganda campaigns “underhanded tactics” while chiding the Bush administration.