What Federal Grants Mean for Your State

There has been much written lately, in the grassroots arena, about Executive Orders at the federal level, their effect on the balance of power between the three branches of government, and their effect on states in consideration of the Tenth Amendment. What the general populace doesn't understand is that Clinton has only put on paper what is already a done deal by other means. I shall explain.

With no disrespect to those who have raised the hue and cry over Executive Orders, particularly of the federalism kind, who among us has lately called the U.S. Government and asked for a copy of the discretionary grants given their particular state?

One individual I know did that. What she received was a box — yes, that's right, a box — of perforated continuous feed computer paper with line on line of grants to her state. She couldn't believe it!!!

So, what is it about those grants that we should know about and that should concern us?

This is like telling someone they can build their airplane any way they want to; but when it is finished, if it isn't a black Lear Jet, it won't pass inspection.

Every time a state receives a grant from the federal government, there is a process that is followed. It goes something like this. Legislation is passed in which funds are appropriated to implement the law. Then a request for proposals (RFP) is published in the federal register and sent out by the federal agency overseeing the grant. The RFP doesn't receive much attention but is very crucial in the whole scheme of things as the RFP lays out what the state must do if the state wishes to receive the grant money. Now, a state can write the grant application any way it wants to. However, if the state wishes to have its grant application considered, the state WILL ensure that the grant application incorporates ALL the requirements set down in the RFP. Technical assistance is usually provided by the granting agency to "prospective grantees" at a particular time and place (or times and places) to help them get the grant application right. When the grant application is signed, as it must be, by a person of authority to do so at the state level, and that grant application is accepted and fund monies awarded by the federal agency overseeing the grant, the state and federal government have, in fact, entered into a de facto contract in which the state agrees to comply with federal mandates, effecting federal control over the state. The centralization of power to the federal level (federalism) has been effected. In entering into this de facto contract, the state official who signed the contract has, in fact, subjugated the state to the federal government without the knowledge or consent of the people.

The obvious answer to the whole problem is to not apply for grant monies. But it doesn't quite work that way either, at this point in time, as the federal granting process has been going on for many years. Now more than ever before, under the systems approach of governance, government granting programs are being integrated such that monies from one grant are intended to augment the implementation and focus of other grant programs. This quickly becomes a "spider web" effect wherein the unaware are quickly ensnared. It’s like the fine print on a contract — you are wise to read it before signing.

How does the "spider web" effect work? Let's take, for instance, the School to Work Opportunities Act of 1994 (STWOA). In order to receive grant monies under the STWOA, the state plan that must be submitted to the federal government as condition of receipt of federal monies, must also show how the state will integrate its plan with…

the Adult Education Act,

the Carl D Perkins Vocational and Applied Technology Education Act,

the Elementary and Secondary Education Act,

the Higher Education Act of 1965,

part F of title IV of the Social Security Act,

the Goals 2000: Educate America Act,

the National Skills Standards Act of 1994,

the Individuals with Disabilities Education Act,

the Job Training Partnership Act,

the Act of August 16, 1937 (National Apprenticeship Act),

the Rehabilitation Act of 1973, and

the National and Community Service Act of 1990.

"Integration" means, basically, that the state must have implemented each of these acts and be in compliance with all the federal mandates of each of these acts. Undoubtedly, cursory review of each of these acts will reveal that they are also contingent on "integration" with other acts, building the spider web noted above.

In every state, we have watched the power of the legislature be usurped by the discretionary granting process. We openly oppose executive orders on federalism. What about these grants that have given state power and authority over to the federal government in direct violation of the Tenth Amendment?

Lynn M Stuter

Education Researcher

Washington State

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