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Usually not when “promote” means helping the President personally, as a candidate, or as a political party. Federal agencies may spend appropriated money to perform authorized public-information functions, including explaining, defending, and implementing Administration policies. Whether a particular speech, social-media post, video, event, publication, or trip is lawful depends on the appropriation, the agency’s duties, the communication’s purpose and content, transparency, any lobbying language, and restrictions specific to that agency and fiscal year.
The key distinction is between communicating about government business and using government resources for partisan promotion. A message can contain political content and still be an official explanation of policy. A candidate-centered or party-centered message with no meaningful connection to agency work presents a serious appropriations problem.
The short legal answer
There is no single statute that gives every federal agency a general power to promote the President, and there is no blanket rule making every favorable reference to an Administration policy illegal. The starting point is the purpose of the appropriation being charged. Under 31 U.S.C. § 1301(a), appropriations may be used only for the objects for which Congress made them, unless another law provides otherwise.
That means an agency must be able to connect the expenditure to an authorized function or program. An agency campaign explaining a benefit, rule, emergency response, or other government service can be an ordinary public-information activity. A campaign whose real objective is to improve the President’s personal standing, support a reelection effort, or aid a political party is not transformed into an official expenditure merely because the agency produced it.
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Government Accountability Office (GAO) decisions apply a contextual analysis. They recognize agencies’ authority to inform the public about government and agency policies, justify those policies, and rebut attacks on them. They also identify prohibited publicity or propaganda, including communications that are self-aggrandizing, covert, or purely partisan.
First question: what appropriation would pay for the communication?
Match the expense to an authorized object
Before reviewing the wording of a proposed message, identify the account, program, or other appropriation that would fund it. Then identify the statutory mission and operational purpose attached to that money. A public-affairs office cannot treat an unrestricted pool of taxpayer money as a general presidential communications budget.
The analysis applies to production contracts, advertising, travel, event costs, video crews, design and printing, social-media services, staff time, and other support. The same message may be permissible when produced as part of an agency’s authorized public-information work but impermissible when charged to an account whose purpose does not cover it.
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General appropriations principles do not answer every case. Congress may include a fiscal-year restriction, and an agency’s statute may impose a narrower condition. Those provisions can change from year to year. Agency counsel should review the current appropriation and any riders before money is obligated, rather than relying on a prior year’s approval.
When policy explanation is legitimate
GAO has long distinguished official policy communication from partisan campaigning. In a 1973 decision, GAO recognized legitimate public-information functions that included explaining Administration and agency policies. The decision also noted that the communications at issue did not urge listeners to contact members of Congress about pending legislation.
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Later GAO decisions repeat the same principle. Explaining what an agency is doing, why it adopted a policy, how a program works, or how the public can use a service can remain within official duties even when the policy is closely identified with the President. Defending an agency’s policy against criticism can also be part of that duty.
GAO put the concern this way in B-329199: “To restrict all materials that have some political content or express support for an Administration’s policies would significantly curtail the recognized and legitimate exercise of an agency’s authority to inform the public of its policies, to justify its policies, and to rebut attacks on its policies.” The statement does not authorize campaigning; it explains why political content alone is not the legal test.
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Indicators of an official communication
- It explains an agency program, rule, benefit, enforcement action, emergency response, or other assigned responsibility.
- It provides factual information the public needs to use a service or understand a government decision.
- Its purpose can be documented in program plans, statutory responsibilities, or an ordinary public-affairs objective.
- The agency, rather than a candidate committee or political party, is the identifiable source.
- The communication would still have an official reason to exist if the President’s name and campaign status were removed.
What GAO treats as prohibited publicity or propaganda
GAO’s governmentwide analysis commonly groups problematic communications into self-aggrandizing, covert, and purely partisan categories. These labels describe the substance and presentation of the communication; they are not a mechanical checklist that replaces the appropriation-purpose analysis.
Purely partisan activity
A communication is especially risky when it is completely political, has no connection to official agency duties, or is designed to aid a political party or candidate. A message praising the President’s electoral prospects, attacking an opponent, asking voters to support the President, or presenting campaign themes without a programmatic purpose would fit that concern more readily than a program announcement.
Self-aggrandizing publicity
Public funds should not be used primarily to magnify the agency, an official, or the Administration beyond what is reasonably needed to communicate official work. Branding and attribution may identify the agency and its leadership, but a publicity effort that turns routine program information into personal glorification can raise a separate concern.
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Covert communications
The source and governmental nature of a paid message should not be hidden. Concealing the agency’s role, presenting government-produced advocacy as apparently independent speech, or using intermediaries to disguise the origin can create a covert-propaganda problem. Transparency is relevant both to legality and to public accountability.
Anti-lobbying restrictions create a separate boundary
An agency may explain legislation, describe how a law affects its programs, or communicate through ordinary executive-legislative channels. Some appropriations restrictions, however, prohibit grassroots lobbying. GAO describes the clearest danger as an explicit appeal to the public to contact Congress in support of or opposition to pending legislation.
For example, “Here is what this bill would change in the agency’s program” is different from “Call your representative today and demand that Congress pass this bill.” The exact restriction can vary by agency and fiscal year, so communications staff should review the current appropriations text and obtain legal advice when a message discusses pending legislation or urges public action.
Do not confuse agency spending with the Hatch Act
The question whether an agency may pay for a communication is different from the question whether a federal employee may engage in political activity. The Hatch Act regulates covered employees’ political activity while on duty, in a room or building occupied for official federal duties, while wearing an official uniform or insignia, or while using a government-owned or government-leased vehicle, subject to statutory exceptions.
The statutory definition of “employee” in the relevant Hatch Act subchapter excludes the President and Vice President. That exclusion does not make agency-funded campaigning lawful; it simply means the President and Vice President are not covered by those employee-conduct provisions in the same way as covered federal workers.
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The Office of Special Counsel’s Hatch Act FAQ illustrates the distinction in online conduct: a federal employee may follow or like the President’s official social-media account even after the President begins a reelection campaign, while other on-duty political activity remains restricted. An agency’s funding decision and an employee’s online or workplace conduct therefore require separate analyses.
A narrow statutory rule: portraits
31 U.S.C. § 1355 expressly prohibits federal funds from paying for a portrait of the President, Vice President, a Member of Congress, or specified federal officials. This is a direct and concrete spending restriction involving the President.
The portrait rule is narrow. It does not decide whether an agency may produce a speech, social post, event, video, publication, or public-information campaign. Those expenditures still require the appropriation-purpose and publicity-or-propaganda analysis described above.
A practical review for a proposed post, video, event, or trip
Use the following sequence before an agency commits funds:
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1Scan for outdated or missing drivers - takes under a minute2Repair Windows errors before they cause bigger problems3Fix the driver behind crashes, sound loss and screen glitches- Identify the funding source. Record the account, fiscal year, statutory authority, and estimated costs, including staff time and contracts.
- State the official objective. Write a concise explanation of the agency function the communication serves and the public need it addresses.
- Test the connection to agency duties. Ask whether the content concerns a program, service, rule, enforcement responsibility, emergency, or other assigned work.
- Analyze the beneficiary. Determine whether the primary practical beneficiary is the public and the agency’s mission, or whether the message is designed to aid the President as a candidate or a political party.
- Review wording and visuals. Remove electoral slogans, opponent attacks, requests for votes, and personal praise that is not needed to explain official work. Check whether images, music, or presentation make the communication look like campaign material.
- Confirm transparency. Identify the agency as the source and avoid a format that disguises government authorship or sponsorship.
- Screen for lobbying. Look for any instruction or clear appeal asking members of the public to contact Congress about pending legislation.
- Separate employee conduct. Determine whether staff would be acting on duty, in a federal workplace, in official insignia, or in a government vehicle, and apply Hatch Act rules independently.
- Check special restrictions. Review the current fiscal-year appropriation, agency-specific statutes, and any written guidance from agency counsel.
- Document the decision. Preserve the purpose statement, funding citation, content review, and legal approval so the agency can explain why the expenditure served an authorized object.
How two seemingly similar messages can differ
| Review factor | Lower-risk official communication | Higher-risk partisan promotion |
|---|---|---|
| Connection to duties | Explains an agency program, rule, benefit, or response. | Has no meaningful connection to agency responsibilities. |
| Purpose and beneficiary | Informs the public or defends an agency policy. | Aids the President as a candidate or a political party. |
| Source and presentation | Clearly attributable to the agency. | Covert, disguised, or centered on personal praise. |
| Call to action | Explains how to obtain a service or comply with a rule. | Urges the public to contact Congress about pending legislation or to take electoral action. |
| Funding and staff conduct | Charged to an appropriation that covers the official function, with employee rules observed. | Charged to an account unrelated to the message or produced through restricted political activity. |
The table describes risk indicators, not automatic safe harbors. A communication can contain more than one feature, and the final result depends on the full context and applicable law.
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Examples of how the framework works
Program announcement featuring the President
An agency announces a new benefit authorized by Congress and includes a statement from the President explaining the Administration’s policy. The expenditure may be permissible if the agency’s mission includes informing eligible people about the benefit, the content remains focused on implementation, and the presentation does not become campaign advertising. The funding account and any fiscal-year restrictions still must be checked.
Video praising the President’s record
An agency produces a video listing the President’s political achievements, attacking opponents, and encouraging viewers to support the President. If the content is not tied to an agency program or duty, it is the type of purely partisan communication that GAO treats as impermissible use of appropriated funds.
Public response to criticism of a rule
An agency publishes a fact sheet responding to criticism of a regulation, explaining the legal authority, expected effects, and compliance steps. Even if the rule is a major Administration priority, the explanatory and defensive purpose can fall within the agency’s public-information role. The agency should avoid electoral language and should not add a request that readers lobby Congress over pending legislation.
Message urging calls to Congress
An agency uses paid social advertising to tell the public to call Congress and demand passage of a pending bill. That clear grassroots appeal raises an anti-lobbying issue separate from whether the bill concerns the agency’s mission. Counsel should review the precise appropriations restriction before publication.
What is not answered by a general rule
No general framework can determine legality without the agency, fiscal year, appropriation, and proposed content. A Department of Defense communication, a public-health alert, and a benefits-agency announcement may be governed by different appropriations and riders. The same words can present different issues depending on whether they appear in an official notice, a paid advertisement, a campaign-style video, or a private employee account.
The core principles have been addressed in GAO decisions from 1973, 2004, 2018, and a 2019 Fourth of July communications review, along with statutory text and Hatch Act guidance. Those principles are stable, but annual appropriations and agency-specific restrictions can change. For a concrete expenditure, the responsible agency should obtain current appropriations-law and ethics advice before funds are obligated.
Bottom line for taxpayers and agency officials
Federal agencies may use public funds to inform the public about authorized government work and to explain or defend Administration policies. They may not treat appropriated money as a vehicle for purely partisan promotion of the President, a political party, or a candidate. The decisive questions are the appropriation’s purpose, the communication’s connection to official duties, its real beneficiary and presentation, any appeal to lobby Congress, employee conduct, and special statutory restrictions.
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