The Bush administration has taken the highly unusual step of sending a letter to Head Start programs warning that advocacy on issues relating to the controversial reauthorization of the program may be a violation of federal law. The May 8, 2003 memo came from the Department of Health and Human Services’ (HHS) Head Start Bureau, and contained confusing and vague references to the Hatch Act, which deals with partisan political electioneering, and well known rules that require federal grantees to use non-federal funds in their lobbying efforts. The May 28 response from the National Head Start Association (NHSA) objected to the letter’s chilling effect on free speech rights of Head Start programs and families, and called on HHS to clarify its position. NHSA is considering legal action and has asked HHS for a response to its letter by June 3. The dispute arose as part of the Head Start community's response to the administration's proposal to turn over Head Start to the states, even though only three states have any experience in providing similar services. Advocates predict such a move would result in a dismantling of the program in five years or less. NHSA has set up a special website, SaveHeadStart.org with information on the proposal and an online service for sending a message to Members of Congress. NHSA has also sent out flyers to Head Start parents to alert them to the issues, and urging them to write Congress and get publicity. These flyers prompted the letter from HHS, which appears to assume Head Start programs are using federal funds for this effort. The Head Start Act and OMB Circular A-122 prohibit the use of federal funds for lobbying, but the right of nonprofits to use private money or volunteers for this purpose is protected by the First Amendment to the Constitution. In a statement responding to the letter, NHSA Chair Ron Herndon said, "We know from 38 years of interpretation of federal law exactly what is permitted and what is not permitted. No one has spent federal money to speak out against the attack on Head Start and no one is going to do so." The actions of the administration are similar to an effort in the House of Representatives this spring, where reauthorization of the Improving Education Results for Children with Disabilities Act of 2003 included provisions that would have banned lobbying and "federal relations" for nonprofits getting grants to operate parent centers. The provision was dropped after widespread opposition from nonprofits. (See the OMB Watch website for more information. It is to be hoped that these ill-judged and disturbing actions do not constitute a concerted effort to limit debate on important issues and silence critics.