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B-270875 1 (1996-07-05)

handle is hein.gao/gaobacxad0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 B-270875 July 5, 1996 The Honorable William F. Clinger Chairman Committee on Government Reform and Oversight House of Representatives Dear Mr. Chairman: In your letter of May 22, 1996, you asked that we examine documents submitted in connection with hearings before the Committee on H.R. 3078, The Federal Agency Anti-Lobbying Act. You asked that we look at these documents to determine whether the agencies involved-the Department of Energy, Labor, and Veterans Affairs (DVA), the Commodities Futures Trading Commission (FTC), and the Environmental Protection Agency (EPA)-expended federal funds lawfully. We have limited our analysis to the documents provided. We have not engaged in any additional investigative work concerning these matters. Nor have we asked for formal reports from any of the agencies involved. Accordingly, our conclusions are limited to our analysis of statements in the documents provided and applicable law. BACKGROUND Over the years, the Congress has imposed two types of restrictions on lobbying activities by Executive branch agencies and their officers or employees. First, in 1919, the Congress enacted what is now 18 U.S.C. § 1913, which makes the use of appropriated funds for some forms of lobbying a crime. Since section 1913 is a criminal provision, its enforcement is the responsibility of the Department of Justice and the courts. The General Accounting Office, therefore, does not decide whether a given set of facts constitutes a violation of section 1913. We may refer possible violations of section 1913 to the Justice Department for further investigation where we have reason to believe that Justice, in applying its view of the statute, may believe a potential violation exists. 124975

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