From mech@eff.org Sun Nov 5 22:51:49 1995 Received: (from mech@localhost) by eff.org (8.6.12/8.6.6) id WAA10244; Sun, 5 Nov 1995 22:51:49 -0800 Date: Sun, 5 Nov 1995 22:51:49 -0800 From: Stanton McCandlish Message-Id: <199511060651.WAA10244@eff.org> X-within-URL: http://rs9.loc.gov/cgi-bin/query/1?c104:./temp/~c104M7sK:e96336:political+advocacy To: mech@eff.org Subject: ~c104M7sK:e96336:political+advocacy Status: RO _________________________________________________________________ THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Search Prev Hit Back HomePage Hit List Best Sections Help Doc Contents _________________________________________________________________ H.R.2127 Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1996 (Reported in the House) TITLE VI--POLITICAL ADVOCACY PROHIBITION ON THE USE OF FEDERAL FUNDS FOR POLITICAL ADVOCACY SEC. 601. (a) LIMITATIONS- Notwithstanding any other provision of law, the following limitations apply to any grant which is made from funds appropriated under this or any other Act or controlled under any congressional authorization until Congress provides specific exceptions in subsequent Acts: (1) No grantee may use funds from any grant to engage in political advocacy . (2) No grant applicant may receive any grant if its expenditures for political advocacy for any one of the previous five Federal fiscal years exceeded its prohibited political advocacy threshold (but no Federal fiscal year before 1996 shall be considered). For purposes of this title, the prohibited political advocacy threshold for a given Federal fiscal year is to be determined by the following formula: (A) calculate the difference between the grant applicant's total expenditures made in a given Federal fiscal year and the total grants it received in that Federal fiscal year; (B) for the first $20,000,000 of the difference calculated in (A), multiply by .05; (C) for the remainder of the difference calculated in (A), multiply by .01; (D) the sum of the products described in (B) and (C) equals the prohibited political advocacy threshold. (3) During any one Federal fiscal year in which a grantee has possession, custody or control of grant funds, the grantee shall not use any funds (whether derived from grants or otherwise) to engage in political advocacy in excess of its prohibited political advocacy threshold for the prior Federal fiscal year. (4) No grantee may use funds from any grant to purchase or secure any goods or services (including dues and membership fees) from any other individual, entity, or organization whose expenditures for political advocacy for the previous Federal fiscal year exceeded 15 percent of its total expenditures for that Federal fiscal year. (5) No grantee may use funds from any grant for any purpose (including but not limited to extending subsequent grants to any other individual, entity, or organization) other than to purchase or secure goods or services, except as specifically permitted by Congress in the law authorizing the grant. (6) Any individual, entity, or organization that awards or administers a grant shall take reasonable steps to ensure that the grantee complies with the requirements of this title. Reasonable steps to ensure compliance shall include written notice to a grantee that it is receiving a grant, and that the provisions of this title apply to the grantee. (b) ENFORCEMENT- The following enforcement provisions apply with respect to the limitations imposed under subsection (a): (1) Each grantee shall be subject to audit from time to time as follows: (A) Audits may be requested and conducted by the General Accounting Office or other auditing entity authorized by Congress, including the inspector general of the Federal entity awarding or administering the grant. (B) Grantees shall follow generally accepted accounting principles in keeping books and records relating to each grant and no Federal entity may impose more burdensome accounting requirements for purposes of enforcing this title. (C) A grantee that engages in political advocacy shall have the burden of proving, by clear and convincing evidence, that it is in compliance with the limitations of this section. (2) Violations by a grantee of the limitations contained in subsection (a) may be enforced and the grant may be recovered in the same manner and to the same extent as a false or fraudulent claim for payment or approval made to the Federal Government pursuant to sections 3729 through 3812 of title 31, United States Code. _________________________________________________________________ THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Search Prev Hit Back HomePage Hit List Best Sections Help Doc Contents _________________________________________________________________ From mech@eff.org Sun Nov 5 22:52:03 1995 Received: (from mech@localhost) by eff.org (8.6.12/8.6.6) id WAA10255; Sun, 5 Nov 1995 22:52:03 -0800 Date: Sun, 5 Nov 1995 22:52:03 -0800 From: Stanton McCandlish Message-Id: <199511060652.WAA10255@eff.org> X-within-URL: http://rs9.loc.gov/cgi-bin/query/1?c104:./temp/~c104M7sK:e100548:political+advocacy To: mech@eff.org Subject: ~c104M7sK:e100548:political+advocacy Status: O _________________________________________________________________ THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Search Prev Hit Back HomePage Hit List Best Sections Help Doc Contents _________________________________________________________________ H.R.2127 Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1996 (Reported in the House) (3) Any officer or employee of the Federal Government who awards or administers funds from any grant to a grantee who is not in compliance with this section shall-- (A) for knowing or negligent noncompliance with this section, be subjected to appropriate administrative discipline, including, when circumstances warrant, suspension from duty without pay or removal from office; and (B) for knowing noncompliance with this section, pay a civil penalty of not more than $5,000 for each improper disbursement of funds. (c) DEFINITIONS- For purposes of this title: (1) POLITICAL ADVOCACY - The term `political advocacy ' includes-- (A) carrying on propaganda, or otherwise attempting to influence legislation or agency action, including, but not limited to monetary or in-kind contributions, endorsements, publicity, or similar activity; (B) participating or intervening in (including the publishing or distributing of statements) any political campaign on behalf of (or in opposition to) any candidate for public office, including but not limited to monetary or in-kind contributions, endorsements, publicity, or similar activity; (C) participating in any judicial litigation or agency proceeding (including as an amicus curiae) in which agents or instrumentalities of Federal, State, or local governments are parties, other than litigation in which the grantee or grant applicant: is a defendant appearing in its own behalf; is defending its tax-exempt status; or is challenging a government decision or action directed specifically at the powers, rights, or duties of that grantee or grant applicant; and (D) allocating, disbursing, or contributing any funds or in-kind support to any individual, entity or organization whose expenditures for political advocacy for the previous Federal fiscal year exceeded 15 percent of its total expenditures for that Federal fiscal year. (2) INFLUENCE LEGISLATION OR AGENCY ACTION- (A) GENERAL RULE- Except as otherwise provided in subparagraph (B), the term `influence legislation or agency action' includes-- (i) any attempt to influence any legislation or agency action through an attempt to affect the opinions of the general public or any segment thereof, and (ii) any attempt to influence any legislation or agency action through communication with any member or employee of a legislative body or agency, or with any government official or employee who may participate in the formulation of the legislation or agency action. (B) EXCEPTIONS- The term `influence legislation or agency action' does not include-- (i) making available the results of nonpartisan analysis, study, research, or debate; (ii) providing technical advice or assistance (where such advice would otherwise constitute the influencing of legislation or agency action) to a governmental body or to a committee or other subdivision thereof in response to a written request by such body or subdivision, as the case may be; (iii) communications between the grantee and its bona fide members with respect to legislation, proposed legislation, agency action, or proposed agency action of direct interest to the grantee and such members, other than communications described in subparagraph (C); (iv) any communication with a governmental official or employee; other than-- (I) a communication with a member or employee of a legislative body or agency (where such communication would otherwise constitute the influencing of legislation or agency action); or _________________________________________________________________ THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Search Prev Hit Back HomePage Hit List Best Sections Help Doc Contents _________________________________________________________________ From mech@eff.org Sun Nov 5 22:52:08 1995 Received: (from mech@localhost) by eff.org (8.6.12/8.6.6) id WAA10261; Sun, 5 Nov 1995 22:52:08 -0800 Date: Sun, 5 Nov 1995 22:52:08 -0800 From: Stanton McCandlish Message-Id: <199511060652.WAA10261@eff.org> X-within-URL: http://rs9.loc.gov/cgi-bin/query/1?c104:./temp/~c104M7sK:e104642:political+advocacy To: mech@eff.org Subject: ~c104M7sK:e104642:political+advocacy Status: O _________________________________________________________________ THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Search Prev Hit Back HomePage Hit List Best Sections Help Doc Contents _________________________________________________________________ H.R.2127 Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1996 (Reported in the House) (II) a communication the principal purpose of which is to influence legislation or agency action; and (v) official communications by employees of State or local governments, or by organizations whose membership consists exclusively of State or local governments. (C) Communications with members- (i) A communication between a grantee and any bona fide member of such organization to directly encourage such member to communicate as provided in paragraph (2)(A)(ii) shall be treated as a (2)(A)(ii) communication by the grantee itself. (ii) A communication between a grantee and any bona fide member of such organization to directly encourage such member to urge persons other than members to communicate as provided in either clause (i) or (ii) of paragraph (2)(A) shall be treated as a communication described in paragraph (2)(A)(i). (3) The term `legislation' includes the introduction, amendment, enactment, passage, defeat, ratification, or repeal of Acts, bills, resolutions, treaties, declarations, confirmations, articles of impeachment, or similar items by the Congress, any State legislature, any local council or similar governing body, or by the public in a referendum, initiative, constitutional amendment, recall, confirmation, or similar procedure. (4) The term `grant' includes the provision of any Federal funds, appropriated under this or any other Act, or other thing of value to carry out a public purpose of the United States, except: the provision of funds for acquisition (by purchase, lease or barter) of property or services for the direct benefit or use of the United States, or the payments of loans, debts, or entitlements; or the provision of funds to an Article I or III court. (5) The term `grantee' includes any recipient of any grant. The term shall not include any state or local government, but shall include any recipient receiving a grant (as defined by subsection c(4)) from a state or local government. (6) The term `agency action' includes the definition contained in section 551 of Title 5, United States Code, and includes action by state or local government agencies. (7) The term `agency proceeding' includes the definition contained in section 551 of Title 5, United States Code, and includes proceedings by state or local government agencies. DISCLOSURE REQUIREMENTS SEC. 602. (a) Not later than December 31 of each year, a grantee shall provide (via either electronic or paper medium) to each Federal entity that awarded or administered its grant an annual report for the prior Federal fiscal year, certified by the grantee's chief executive officer or equivalent person of authority, and setting forth: the grantee's name, the grantee's identification number, and-- (1) a statement that the grantee did not engage in political advocacy ; or, (2) a statement that the grantee did engage in political advocacy , and setting forth for each grant-- (A) the grant identification number; (B) the amount or value of the grant (including all administrative and overhead costs awarded); (C) a brief description of the purpose or purposes for which the grant was awarded; (D) the identity of each Federal, state and local government entity awarding or administering the grant, and program thereunder; (E) the name and grantee identification number of each individual, entity, or organization to whom the grantee made a grant; (F) a brief description of the grantee's political advocacy , and a good faith estimate of the grantee's expenditures on political advocacy ; _________________________________________________________________ THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Search Prev Hit Back HomePage Hit List Best Sections Help Doc Contents _________________________________________________________________ From mech@eff.org Sun Nov 5 22:52:13 1995 Received: (from mech@localhost) by eff.org (8.6.12/8.6.6) id WAA10267; Sun, 5 Nov 1995 22:52:13 -0800 Date: Sun, 5 Nov 1995 22:52:13 -0800 From: Stanton McCandlish Message-Id: <199511060652.WAA10267@eff.org> X-within-URL: http://rs9.loc.gov/cgi-bin/query/1?c104:./temp/~c104M7sK:e108734:political+advocacy To: mech@eff.org Subject: ~c104M7sK:e108734:political+advocacy Status: O _________________________________________________________________ THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Search Prev Hit Back HomePage Hit List Best Sections Help Doc Contents _________________________________________________________________ H.R.2127 Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1996 (Reported in the House) (G) a good faith estimate of the grantee's prohibited political advocacy threshold. (b) OMB COORDINATION- The Office of Management and Budget shall develop by regulation one standardized form for the annual report that shall be accepted by every Federal entity, and a uniform procedure by which each grantee is assigned one permanent and unique grantee identification number. FEDERAL ENTITY REPORT SEC. 603. Not later than May 1 of each calendar year, each Federal entity awarding or administering a grant shall submit to the Bureau of the Census a report (standardized by the Office of Management and Budget) setting forth the information provided to such Federal entity by each grantee during the preceding Federal fiscal year, and the name and grantee identification number of each grantee to whom it provided written notice under section 1(a)(6). The Bureau of the Census shall make this database available to the public through the Internet. PUBLIC ACCOUNTABILITY SEC. 604. (a) Any Federal entity awarding a grant shall make publicly available any grant application, audit of a grantee, list of grantees to whom notice was provided under section 1(a)(6), annual report of a grantee, and that Federal entity's annual report to the Bureau of the Census. (b) The public's access to the documents identified in section 4(a) shall be facilitated by placement of such documents in the Federal entity's public document reading room and also by expediting any requests under section 552 of title 5, United States Code, the Freedom of Information Act as amended, ahead of any requests for other information pending at such Federal entity. (c) Records described in section (a) shall not be subject to withholding except under exemption (b)(7)(A) of section 552 of title 5, United States Code. (d) No fees for searching for or copying such documents shall be charged to the public. SEVERABILITY SEC. 605. If any provision of this title or the application thereof to any person or circumstance is held invalid, the remainder of this title and the application of such provision to other persons and circumstances shall not be affected thereby. FIRST AMENDMENT RIGHTS PRESERVED SEC. 606. Nothing in this title shall be deemed to abridge any rights guaranteed under the first amendment of the United States Constitution, including freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. This Act may be cited as the `Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1996'. _________________________________________________________________ THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Search Prev Hit Back HomePage Hit List Best Sections Help Doc Contents _________________________________________________________________