House Ethics? What's That?
Washington Post
By Juliet Eilperin
Washington Post Staff Writer
Tuesday, March 11, 2003; Page A01
Faced with limits on how much wining and dining they can do in Washington, interest groups are spending hundreds of thousands of dollars to take lawmakers and aides on out-of-town excursions to deliver their pitches on legislation.
These trips, which frequently include dinner at elegant restaurants and visits to tourist sites, have become an integral part of lobbying for many organizations. Some watchdog groups question why lawmakers and staffers are allowed to accept what the House ethics committee describes as "among the most attractive and alluring gifts" they can receive.
"These are basically gifts to the members and staff," said Larry Noble, executive director of the Center for Responsive Politics, an independent group that monitors the role of money in politics. The trip sponsors "are caring for and feeding them, both in terms of their daily sustenance and the ideas they need to buy into."
Under rules that apply to entertaining in Washington, lawmakers and their aides may not accept gifts worth more than $50, with an annual cap of $100 from any single source.
On supposedly educational outings, however, there are no such limits on food, lodging and transportation. That's why "educational trips" in attractive locales are popular with the recording industry, pharmaceutical firms and many other groups eager for face time with legislators and their top aides.
Disclosure forms, which lawmakers must submit one month after they travel, provide some details.
Last April, for example, the National Association of Broadcasters arranged for Rep. Richard Burr (R-N.C.) to fly first-class to Las Vegas and stay in the Bellagio Hotel during its annual convention. The association covered his poolside drinks and a massage, although the congressman later reimbursed the group for his spa stay.
Burr, vice chairman of the Energy and Commerce Committee, said the trip was business-oriented. "It's extremely valuable for members to get that overall snapshot of their particular industry," Burr said, adding that lawmakers need to see the industry's technological advances for themselves. "If not, we rely on everyone to come up here and tell us how things have changed."
Some lawmakers acknowledged that they and their aides were more likely to accept a group's invitation if the destination was attractive. The American Association of Airport Executives spent nearly $90,000 to transport three House members and six aides to a conference in Kona, Hawaii, in January 2002.
Rep. Peter A. DeFazio (D-Ore.), who sent an aide to the conference, said his aide benefited from the trip. "The sessions were substantive and timely, and sure, it was in a warm place," DeFazio said. "If they held it in Newark, a lot fewer people would go."
The policy branch of the U.S. Chamber of Commerce used an August trip to Toulouse, Paris and Brussels to make its case for why the United States should not impose tariffs on imported Airbus planes. A chamber spokeswoman said the trip was intended not to promote the interests of any single company, but to inform decision makers on how American and international policies affected all the group's members.
Dan Maffei, a House Ways and Means Committee aide who went on the trip, said the organizers were explicit about their motives.
"Obviously, whoever the sponsor is, is going to present their particular point of view," Maffei said. "It's like lobbying. People can come see you, or you can go to their facilities."
Last year, when the House faced a critical vote on whether to proceed with plans to establish a federal nuclear-waste repository under Yucca Mountain in Nevada, the Nuclear Energy Institute -- which was actively lobbying for the project -- paid for 50 aides and three House members to tour nuclear facilities in Nevada and Europe. The House and Senate ultimately authorized the Bush administration plan for the Yucca Mountain site.
Rep. John A. Boehner (R-Ohio), who took his wife on an NEI-sponsored tour of Barcelona and Seville, said he came back even more convinced that the United States could safely keep its radioactive waste under Yucca for thousands of years. "It helps give you a broader understanding of issues I don't work on day to day," Boehner said.
Institute spokesman Steve Kerekes said the trips were intended to give staffers and lawmakers "a feel for the remoteness of that site. . . . It behooves all of us to have informed decision-making taking place."
Rep. Jim Gibbons (R-Nev.), who opposes the Yucca project, said that although the institute describes the trips as educational, "I think they're more lobbying than educational. . . . It has had a direct influence on the votes taken on the issue."
Some groups tailored their trips for a specific member's staffers. In April, for example, the Recording Industry Association of America briefed an aide to then-House Majority Whip Tom DeLay (R-Tex.) in Nashville about issues affecting the gospel and Christian music industry.
In a trip two months later, RIAA brought eight House staffers to Nashville to learn how intellectual property rights issues affect country music. According to an itinerary, the trip included musical performances each night, a reception at the Wildhorse Saloon and a tour of the Country Music Hall of Fame.
RIAA lobbyist Mitch Glazier said that to grasp the nuances of the business, staffers needed to meet the people who produce and market music. "It's just hard to make our case alone on the Hill," he said.
Last year, AOL Time Warner brought congressional aides to Atlanta to learn about the company's operations. The itinerary included a tour of Turner Field and lunch with Atlanta Braves executives, a special viewing of a broadcast of a Final Four game in the NCAA basketball tournament, a tour of CNN, a viewing of "Talk Back Live" and dinner with top executives.
Fidelity Investments brought half a dozen staffers to Boston amid a congressional debate over pension reform last year. And Fox News took 10 House staffers on a Los Angeles studio visit that included their choice of a walking tour of Rodeo Drive or tickets to a baseball game between the hometown Dodgers and the Arizona Diamondbacks.
In all these cases, the trip sponsors said the main purpose was to brief lawmakers and aides on policy issues.
The House ethics committee does monitor these trips, and recently ruled that three House Democrats improperly accepted an all-expense-paid Caribbean fundraising cruise last year. The purpose of the trip -- to raise money for scholarships to historically black colleges -- was not at issue. Instead, Democratic Reps. Jesse L. Jackson Jr. (Ill.), Carolyn Cheeks Kilpatrick (Mich.) and Maxine Waters (Calif.) were sanctioned for staying longer than was necessary.
The Tom Joyner Foundation fundraiser was billed as a "party with a purpose" aboard the Royal Caribbean ship Explorer of the Seas. A slew of businesses funded the trip, underwriting travel costs and individual activities, including a Budweiser Bon Voyage Party, a Bud Lite Beach Party, the Hewlett Packard Maharaja Lounge and the American Airlines Dizzy Gillespie Lounge.
The cruise included panel discussions, some of which involved Jackson, Kilpatrick and Waters. In addition to having the $2,700 cost of the cruise covered, the lawmakers received varying amounts for airfare and lodging.
The cruise lasted a week. Each lawmaker spoke on two or three panels. And that is what drew sanctions from the ethics committee.
House rules say trips should last only as long as is "reasonably necessary to accomplish the trip's purpose." After scrutinizing the trip, the ethics panel concluded that each of the lawmakers had stayed longer than necessary. Jackson and Kilpatrick had to repay about $2,000; Waters, because she left the cruise early, had to repay $300.
All three lawmakers said they had informally consulted Rep. Howard L. Berman (Calif.), at the time the top Democrat on the ethics committee, before taking off. It was after they returned, they said, that the committee asked them to answer a lengthy questionnaire about the cruise's corporate sponsors.
Kilpatrick, who took her sister along for the cruise, said she was surprised when she learned that the committee was investigating the trip. "It wasn't like a place from where you could go home," she said, adding that she was focused on the policy aspects of the trip. "I wasn't there for the party. I wasn't there for the relaxation."
Waters questioned why the committee would penalize her and others for speaking at a public policy forum. "I think I did it right," she said, adding that a panel she was on was televised. "People heard me in my district, people heard me in Washington, D.C. I would do it again."
Jackson was irate. "I said I would not participate without his [Berman's] preliminary assurances," Jackson said. "The committee sought to charge me for the activities when I said I would not go if they told me not to go."
Berman said that account was "not accurate. You must consult with committee staff."
© 2003 The Washington Post Company
|