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 Michi-
gan, 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Agency Anti-
Lobbying Act’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds that—
(1) Federal agency employees have used appro-
priated funds to foster public support and opposition
to legislation pending before the Congress;
(2) there are conflicting interpretations of the
existing anti-lobbying restrictions; and
(3) the use of appropriated funds derived from
tax revenues paid to the Treasury by all Americans
to preferentially support or oppose pending legisla-
tion is inappropriate and improper.
(b) PURPOSE.—The purpose of this Act is to estab-
lish a civil prohibition on the expenditure of appropriated
funds by Federal agencies for lobbying purposes and to
make clear that such funds may not be used in any man-
ner or in any amount, however small, to organize efforts
to affect the outcome of congressional action by appealing
directly or indirectly for public support.
SEC. 3. PROHIBITION ON USE OF APPROPRIATED FUNDS
FOR LOBBYING BY FEDERAL AGENCIES.
(a) IN GENERAL.—Subchapter III of chapter 13 of
title 31, United States Code, is amended by adding at the
end the following new section:
‘‘§ 1354. Prohibition on lobbying by Federal agencies
‘‘(a) PROHIBITION.—Except as provided in sub-
section (b), until or unless such activity has been specifi-
cally authorized by an Act of Congress and notwithstand-
ing any other provision of law, no funds made available
to any Federal agency by appropriation shall be used by
such agency for any activity (including the preparation,
publication, distribution, or use of any kit, pamphlet,
booklet, public presentation, news release, radio, tele-
vision, or film presentation, video, or other written or oral
statement) that is intended to promote public support or
opposition to any legislative proposal (including the con-
firmation of the nomination of a public official or the rati-
fication of a treaty) on which congressional action is not
complete.
‘‘(b) EXCEPTIONS.—
‘‘(1) PRESIDENT AND VICE PRESIDENT.—Sub-
section (a) shall not apply to the President or Vice
President.
‘‘(2) CONGRESSIONAL COMMUNICATIONS.—Sub-
section (a) shall not be construed to prevent any of-
ficer or employee of a Federal agency from—
‘‘(A) communicating directly to a Member
of Congress (or to any staff of a Member or
committee of Congress) a request for legislation
or appropriations that such officer or employee
deems necessary for the efficient conduct of the
public business; or
‘‘(B) responding to a request for informa-
tion or technical assistance made by a Member
of Congress (or by any staff of a Member or
committee of Congress).
‘‘(3) PUBLIC COMMUNICATIONS ON VIEWS OF
PRESIDENT.—Subsection (a) shall not be construed
to prevent any Federal agency official whose ap-
pointment is confirmed by the Senate, any official in
the Executive Office of the President directly ap-
pointed by the President or Vice President, or the
head of any Federal agency described in subsection
(d)(2), from communicating with the American pub-
lic, through radio, television, or other public commu-
nication media, on the views of the President for or
against any pending legislative proposal. The preced-
ing sentence shall not permit any such official to del-
egate to another person the authority to make com-
munications subject to the exemption provided by
such sentence.
‘‘(c) COMPTROLLER GENERAL.—
‘‘(1) ASSISTANCE OF INSPECTOR GENERAL.—In
exercising the authority provided in section 712, as
applied to this section, the Comptroller General may
obtain, without reimbursement from the Comptroller
General, the assistance of the Inspector General
within whose Federal agency activity prohibited by
subsection (a) of this section is under review.
‘‘(2) EVALUATION.—One year after the date of
the enactment of this section, the Comptroller Gen-
eral shall report to the Committee on Government
Reform and Oversight of the House of Representa-
tives and the Committee on Governmental Affairs of
the Senate on the implementation of this section.
‘‘(3) ANNUAL REPORT.—The Comptroller Gen-
eral shall, in the annual report under section 719(a),
include summaries of investigations undertaken by
the Comptroller General with respect to subsection
(a).
‘‘(d) DEFINITION.—For purposes of this section, the
term ‘Federal agency’ means—
‘‘(1) any executive agency, within the meaning
of section 105 of title 5; and
‘‘(2) any private corporation created by a law of
the United States for which the Congress appro-
priates funds.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 13 of title 31, United States Code, is