Regulation of Pressure Groups and Lobbyists

Abstract

Many states have lobbying laws which require the filing of registration, appearance and expense statements. However, these laws for the most part are restricted in cover age to direct communication with members of the Legislature and the Governor in influencing legislation. Although the in tention of the Federal Regulation of Lobbying Act of 1946 was to regulate both direct and indirect communication with Con gress by pressure groups and lobbyists, this objective was car ried out by using vague and ambiguous language in a law with criminal penalties as sanctions. A series of decisions by the United States Supreme Court involving the existing statute has construed lobbying in its commonly accepted sense as repre sentations made directly to the Congress. The members of the McClellan investigating committee, aware of the need of ob serving constitutional guaranties, are sponsoring in the 85th Congress Senate Bill 2191 which provides for the revision of the existing statute with requirements for disclosure of both direct and indirect communications with Congress and with any agency or department of the executive branch. To meet strict Constitutional requirements, civil penalties are provided for all persons except legislative agents who continue to be subject to criminal punishment as well as those who file false statements or send spurious communications.