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1 1 (September 27, 2006)

handle is hein.crs/crsaiyu0001 and id is 1 raw text is: Order Code RS22209 Updated September 27, 2006 Executive Lobbying: Statutory Controls Walter J. Oleszek Senior Specialist in Legislative Process Government and Finance Division Summary Federal agency employees use appropriated funds to foster public support and opposition to legislation pending before Congress. Congress has enacted limitations and prohibitions on executive lobbying, but these statutory restrictions have been difficult to enforce. To the extent that prosecution is required, Congress must rely on the Justice Department. Non-criminal prohibitions have been enacted to limit the expenditure of appropriated funds for certain types of lobbying activities. Congressional oversight can help curb executive lobbying efforts that are found objectionable. For further analysis, see CRS Report RL32750, Public Relations and Propaganda: Restrictions on Executive Agency Activities, by Kevin Kosar; CRS Report 97-57, Restrictions on Lobbying Congress With Federal Funds, by Jack Maskell; and CRS Report RL33065, Lobbying Reform: Background and Legislative Proposals, 109th Congress, by R. Eric Petersen. This report will be updated as necessary. Enforcement of Statutory Restrictions.' Studies occasionally use the term legal fiction to describe statutory restrictions on executive lobbying.2 This reputation comes from some ambiguity and ambivalence in congressional policy as well as enforcement decisions by the Department of Justice. Even those who advocate selective restrictions on departmental lobbying understand that the legislative process depends on a free flow of information from the executive branch to Congress. Nevertheless, certain types of executive branch lobbying have been found offensive to lawmakers and have prompted statutory limitations. A principal statutory restriction, 18 U.S.C. § 1913, recognizes both the need for executive lobbying and the need for limitations. After prohibiting certain executive practices, the statute provides that it shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Member [of 1 This report was originally authored by Louis Fisher, formerly Senior Specialist in Separation of Powers. The listed author updated the report and is available to answer questions concerning its contents. 2 Richard L. Engstrom and Thomas G. Walker, Statutory Restraints on Administrative Lobbying -'Legal Fiction,' 19 J. Public L. 89 (1970).

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