I

104TH CONGRESS

2D SESSION H. R. 3078

To amend title 31, United States Code, to prohibit the use of appropriated

funds by Federal agencies for lobbying activities.

IN THE HOUSE OF REPRESENTATIVES

MARCH 13, 1996

Mr. CLINGER (for himself, Mr. TAUZIN, Mr. GILMAN, Mr. SHUSTER, Mr.

YOUNG of Alaska, Mr. GOODLING, Mr. LIVINGSTON, Mr. STUMP, Mr.

HANSEN, Mr. ROBERTS, Mr. WOLF, Mr. BURTON of Indiana, Mrs.

VUCANOVICH, Mr. BARTON of Texas, Mr. MYERS of Indiana, Mr.

BUNNING of Kentucky, Mr. HASTERT, Mr. HEFLEY, Mr. SHAYS, Mr.

SMITH of Texas, Mr. PARKER, Mr. CUNNINGHAM, Mr. EWING, Mr.

ZELIFF, Mr. BACHUS, Mr. CALVERT, Mr. HOEKSTRA, Mr. HORN, Mr.

HUTCHINSON, Mr. LAZIO of New York, Mr. MICA, Mr. SMITH of Michigan, Mr. TALENT, Mr. BASS, Mr. COOLEY of Oregon, Mr. DAVIS, Mr.

EHRLICH, Mr. FOX of Pennsylvania, Mr. GUTKNECHT, Mr. HAYWORTH,

Mr. HOSTETTLER, Mr. LATOURETTE, Mr. MCINTOSH, Mr.

SCARBOROUGH, Mr. SHADEGG, Mrs. SEASTRAND, Mr. SOUDER, Mr.

STOCKMAN, Mr. TIAHRT, Mr. HOBSON, Mr. BLILEY, and Mr.

NETHERCUTT) introduced the following bill; which was referred to the

Committee on Government Reform and Oversight

A BILL

To amend title 31, United States Code, to prohibit the use

of appropriated funds by Federal agencies for lobbying

activities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Federal Agency Anti3 Lobbying Act’’.

4 SEC. 2. FINDINGS AND PURPOSE.

5 (a) FINDINGS.—The Congress finds that—

6 (1) Federal agency employees have used appro7 priated funds to foster public support and opposition

8 to legislation pending before the Congress;

9 (2) there are conflicting interpretations of the

10 existing anti-lobbying restrictions; and

11 (3) the use of appropriated funds derived from

12 tax revenues paid to the Treasury by all Americans

13 to preferentially support or oppose pending legisla14 tion is inappropriate and improper.

15 (b) PURPOSE.—The purpose of this Act is to estab16 lish a civil prohibition on the expenditure of appropriated

17 funds by Federal agencies for lobbying purposes and to

18 make clear that such funds may not be used in any man19 ner or in any amount, however small, to organize efforts

20 to affect the outcome of congressional action by appealing

21 directly or indirectly for public support.

22 SEC. 3. PROHIBITION ON USE OF APPROPRIATED FUNDS

23 FOR LOBBYING BY FEDERAL AGENCIES.

24 (a) IN GENERAL.—Subchapter III of chapter 13 of

25 title 31, United States Code, is amended by adding at the

26 end the following new section:
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1 ‘‘§ 1354. Prohibition on lobbying by Federal agencies

2 ‘‘(a) PROHIBITION.—Except as provided in sub3 section (b), until or unless such activity has been specifi4 cally authorized by an Act of Congress and notwithstand5 ing any other provision of law, no funds made available

6 to any Federal agency by appropriation shall be used by

7 such agency for any activity (including the preparation,

8 publication, distribution, or use of any kit, pamphlet,

9 booklet, public presentation, news release, radio, tele10 vision, or film presentation, video, or other written or oral

11 statement) that is intended to promote public support or

12 opposition to any legislative proposal (including the con13 firmation of the nomination of a public official or the rati14 fication of a treaty) on which congressional action is not

15 complete.

16 ‘‘(b) EXCEPTIONS.—

17 ‘‘(1) PRESIDENT AND VICE PRESIDENT.—Sub18 section (a) shall not apply to the President or Vice

19 President.

20 ‘‘(2) CONGRESSIONAL COMMUNICATIONS.—Sub21 section (a) shall not be construed to prevent any of22 ficer or employee of a Federal agency from—

23 ‘‘(A) communicating directly to a Member

24 of Congress (or to any staff of a Member or

25 committee of Congress) a request for legislation

26 or appropriations that such officer or employee
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1 deems necessary for the efficient conduct of the

2 public business; or

3 ‘‘(B) responding to a request for informa4 tion or technical assistance made by a Member

5 of Congress (or by any staff of a Member or

6 committee of Congress).

7 ‘‘(3) PUBLIC COMMUNICATIONS ON VIEWS OF

8 PRESIDENT.—Subsection (a) shall not be construed

9 to prevent any Federal agency official whose ap10 pointment is confirmed by the Senate, any official in

11 the Executive Office of the President directly ap12 pointed by the President or Vice President, or the

13 head of any Federal agency described in subsection

14 (d)(2), from communicating with the American pub15 lic, through radio, television, or other public commu16 nication media, on the views of the President for or

17 against any pending legislative proposal. The preced18 ing sentence shall not permit any such official to del19 egate to another person the authority to make com20 munications subject to the exemption provided by

21 such sentence.

22 ‘‘(c) COMPTROLLER GENERAL.—

23 ‘‘(1) ASSISTANCE OF INSPECTOR GENERAL.—In

24 exercising the authority provided in section 712, as

25 applied to this section, the Comptroller General may
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1 obtain, without reimbursement from the Comptroller

2 General, the assistance of the Inspector General

3 within whose Federal agency activity prohibited by

4 subsection (a) of this section is under review.

5 ‘‘(2) EVALUATION.—One year after the date of

6 the enactment of this section, the Comptroller Gen7 eral shall report to the Committee on Government

8 Reform and Oversight of the House of Representa9 tives and the Committee on Governmental Affairs of

10 the Senate on the implementation of this section.

11 ‘‘(3) ANNUAL REPORT.—The Comptroller Gen12 eral shall, in the annual report under section 719(a),

13 include summaries of investigations undertaken by

14 the Comptroller General with respect to subsection

15 (a).

16 ‘‘(d) DEFINITION.—For purposes of this section, the

17 term ‘Federal agency’ means—

18 ‘‘(1) any executive agency, within the meaning

19 of section 105 of title 5; and

20 ‘‘(2) any private corporation created by a law of

21 the United States for which the Congress appro22 priates funds.’’.

23 (b) CONFORMING AMENDMENT.—The table of sec24 tions for chapter 13 of title 31, United States Code, is
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1 amended by inserting after the item relating to section

2 1353 the following new item:

‘‘1354. Prohibition on lobbying by Federal agencies.’’.

3 (c) APPLICABILITY.—The amendments made by this

4 section shall apply to the use of funds after the date of

5 the enactment of this Act, including funds appropriated

6 or received on or before such date.

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