What was the major weakness with the Federal Regulation of Lobbying Act of 1946

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Government Information and
Regulation Subcommittee

Decennial Census: 1990 Results Show
Need for Fundamental Reform (GGD-92- 94) 787

Federal Records: Document Removal by Agency Heads Needs Independent Oversight (GGD-91-117) 793

Freedom of Information: FDA's Program

and Regulations Need Improvement (HRD-92-2) 409

Oversight of Government
Management Subcommittee

War on Drugs: Information Management Federal Health Benefits Program:
Poses Formidable Challenges (IMTEC-91- Stronger Controls Needed to Reduce 40)

Administrative Costs (GGD-92-37) 731

872
Waste Minimization: Major Problems of Federal Workforce: Agencies'
Data Reliability and Validity Identified Procurements of Private Health Club (PEMD-92-16)

Services (GGD-92-66) 326

878 Workplace Accommodation: EPA's

Federal Workforce: Inappropriate Use of Alternative Workspace Process Requires Experts and Consultants at Selected

Greater Managerial Oversight (GGD-92- Civilian Agencies (GGD-91-99)

53)

880 332

Fraud and Abuse: Stronger Controls

Needed in Federal Employees Health
Federal Services, Post Office and Benefits Program (GGD-91-95) Civil Service Subcommittee

882 ADP Procurement: Better Capacity

Government Contractors: Are Service Planning Needed at Agriculture's

Contractors Performing Inherently National Finance Center (IMTEC-91-14)

Governmental Functions? (GGD-92-11) 967

883
The Changing Workforce: Comparison of Information Security: Disposition and
Federal and Nonfederal Work/Family

Use of Classified Documents by
Programs and Approaches (GGD-92-84) Presidential Appointees (NSIAD-90-195) 864

88 Electronic Warfare: Established Criteria Mail Management: Improved Social Not Met for Airborne Self-Protection Security Mail Management Could Jammer Production (NSIAD-92-103) Reduce Postage Costs (GGD-91-34)

652
Employee Conduct Standards: Some Managing Human Resources: Greater
Outside Activities Present Conflict-of- OPM Leadership Needed to Address Interest Issues (GGD-92-34)

Critical Challenges (GGD-89-19) 866

886
Energy Management: DOE Needs to Personnel Practices: Propriety of Career
Better Implement Conflict-of-Interest Appointments Granted Former Political Controls (RCED-91-15)

Appointees (GGD-92-51) 224

889 Energy Management: Using DOE

Postal Procurement: Ethics Violations Employees Can Reduce Costs for Some Did Not Invalidate an Automation Support Services (RCED-91-186)

Contract (GGD-92-119)
226

806

Defense Inventory: Defense Logistics Agency Customers Order Supplies Uneconomically (NSIAD-91-39) 79

Defense Transportation: Ineffective Oversight Contributes to Freight Losses (NSIAD-92-96) 85

Federal Lobbying: Federal Regulation of
Lobbying Act of 1946 Is Ineffective (T.
GGD-91-56) 876

Federal Lobbying: Lobbying the Executive Branch (T-GGD-91-70) 791 Financial Disclosure: USDA's Systems Limited by Insufficient Top Management Support (GGD-90-100) 881

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The Federal Regulation of Lobbying Act of 1946 is a statute enacted by the United States Congress to reduce the influence of lobbyists. The primary purpose of the Act was to provide information to members of Congress about those that lobby them.[1] The 1946 Act was replaced by the Lobbying Disclosure Act of 1995.[2]

§ 308: Registration of Lobbyists With Secretary of the Senate and Clerk of the House "(a) Any person who shall engage himself for pay or for any consideration for the purpose of attempting to influence the passage or defeat of any legislation by the Congress of the United States shall, before doing anything in furtherance of such object, register with the Clerk of the House of Representatives and the Secretary of the Senate and shall give to those officers in writing and under oath, his name and business address, the name and address of the person by whom he is employed, and in whose interest he appears or works, the duration of such employment, how much he is paid and is to receive, by whom he is paid or is to be paid, how much he is to be paid for expenses, and what expenses are to be included . . . "[3]

§ 307: Persons to Whom Applicable "The Provisions of this act apply to any person (except a political committee as defined in the Federal Corrupt Practices Act, and duly organized State or local committees of a political party), who by himself, or through any agent or employee or other persons in any manner whatsoever, directly or indirectly, solicits, collects, or receives money or any other thing of value to be used principally to aid, or which the principal purpose of which person is to aid, in the accomplishment of any of the following purposes:

(a) The passage or defeat of any legislation by the Congress of the United States.
(b) To influence, directly or indirectly, the passage or defeat of any legislation by the Congress of the United States."[4]

In 1954, The Supreme Court Upheld the Federal Regulation of Lobbying Act, but narrowed its scope significantly. The Court determined that it applied only to paid lobbyists who directly communicated with members of Congress on pending legislation. This created a number of loopholes including:

It does not regulate people who give money to influence legislation, only those who solicit or collect money
It does not define "principally." A lobbyist can argue that his principal goal is not influencing legislation
It does not include those who communicate with Congressional Staffers

Lobbying in the United States
Legislative Reorganization Act of 1946

^ "United States v. Harriss, 347 US 612 - Supreme Court 1954 - Google Scholar". Retrieved 1 October 2013.
^ "2066. Federal Regulation Of Lobbying Act -- 2 U.S.C. 261 Et Seq. | USAM | Department of Justice". www.justice.gov. Retrieved 2016-09-27.
^ LobbyingInfo.org | Influence Peddling Laws | History of the Lobbying Disclosure Act
^ Wright, John. Interest Groups and Congress