Maria Cantwell - Chair of the Senate Committee on Commerce, Science, and Transportation | Official U.S. Senate headshot
Maria Cantwell - Chair of the Senate Committee on Commerce, Science, and Transportation | Official U.S. Senate headshot
U.S. Senate Commerce Committee Ranking Member Ted Cruz (R-Texas) has requested the U.S. Office of Special Counsel to investigate the Biden administration's requirement for states, localities, and nonprofits seeking federal infrastructure grants to display signs designed by the Biden campaign. In a letter to Special Counsel Hampton Y. Dellinger, Sen. Cruz alleges that the administration is politicizing the 2021 bipartisan infrastructure law by issuing guidelines for applicants to display these signs on federally funded projects, potentially violating both the Hatch Act and the First Amendment.
In his letter, Sen. Cruz states, "the Biden administration has highly politicized such signage by ‘strongly encourag[ing]’ federal agencies to condition the receipt of federal project funding on giving the President credit for the project."
He further references a February 24, 2023 Office of Management and Budget Controller Alert issued by then-Acting Controller Deirdre Harrison, which instructs agencies' chief financial officers to impose "‘signage and public acknowledgement requirements . . . in the terms and conditions of award agreements.’” According to Sen. Cruz, this propagandizing is claimed to promote “transparency and accountability to the American public,” but he argues it is designed to endorse President Biden's reelection campaign.
The letter details how every sign must contain two key features: large text identifying the relevant law as "'President Joe Biden’s'" law and special marks resembling the Biden-Harris campaign logo. The same design firm created both logos.
"According to the founder of Studio Mosaic, who designed the Biden-Harris 2020 logo," writes Sen. Cruz, "the White House selected her firm to design the ‘Building a Better America’ branding... Studio Mosaic acknowledged deliberately designing...to remind viewers of the Biden-Harris campaign." The firm is also working on President Biden's 2024 campaign with a similar logo.
Sen. Cruz contends that this guidance violates both ethical standards and constitutional rights: "...conditioning federal grant money on recipients’ willingness to showcase a political sign endorsing President Biden raises serious ethical and First Amendment concerns."
He argues that requiring funding recipients to adopt an endorsement for President Biden affects protected conduct outside funding programs, thus violating First Amendment rights. Additionally, he claims it breaches Hatch Act provisions prohibiting executive branch employees from conditioning public funds on political activity or using official authority for electoral interference.
Sen. Cruz concludes by urging Special Counsel Dellinger to investigate this branding practice and coordinate with the Department of Justice regarding potential criminal Hatch Act violations.
Read full letter HERE.
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