The Senate’s new ethics rules could reach far beyond Washington’s lobbyists and put the officials who employ them at risk of lengthy prison sentences.
Current law sets a $50,000 fine for knowingly violating lobbying disclosure rules. Otherwise, up to now, if a lawmaker or staffer took a meal or other consideration outside of Senate rules, they were the ones at fault.
Deep in the language of the Senate bill, however, are provisions that would make it a criminal offense to knowingly provide an inappropriate gift or travel to a member or employee of Congress. Lobbyists who get caught can face prison sentences of up to 10 years.
Another subsection extends the ban on giving gifts or travel to any registered organization employing one or more registered lobbyists. If this bill makes it into law as written, it’s the lobbyists and their bosses who could be facing jail time for that over-the-top lunch.
The shift could make it grim for lobbyists who have been known to — and sometimes expected to — graciously pick up the tab even when it was clearly outside of the accepted guidelines.
“How many of you have been stuck with the bill at a restaurant where you and the member both knew it was not going to $49.99?” Tom Susman, an ethics expert, asked as the audience at an American League of Lobbyists briefing last week nodded knowingly
There is also a lot of confusion over what is legal and what triggers legal trouble. For example, there is an exception to the rules for widely attended public gatherings but no clarity on what that means. Caucus breakfasts and some charity events, for example, may be out. Other charity events — if you are a member of the nonprofit — might be OK.
Spring is coming, and organizations across the city are bringing their members to press their point of view to their congressional representatives, said Brian Pallasch, ALL president, told The Examiner.
“There is not one association that does not host a Capitol Hill reception,” Pallasch said. “The question has become what is a widely attended event and … what is a permissible at a widely attended event.”
The harsh penalties may have an upside for Washington representatives who are often invited to bring their credit cards to expensive impromptu gatherings at local bars and restaurants. If you need a gracious excuse not to get stuck with the bill, said Susman, “Your prayers have been answered.” The new law “will apply with a vengeance.”
Dee Ann Divis is the business editor of The Washington Examiner. Contact her at [email protected]
