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The Ties That Bind on Capitol Hill
Lawmakers' Family Members Can Lobby Congress Without Bowing to Rules Others Must Follow

By Juliet Eilperin
Washington Post Staff Writer
Thursday, August 7, 2003; Page A19

The rules are clear: Members of Congress cannot accept a meal from a lobbyist if the tab exceeds $50. Lobbyists cannot even use a House member's phone or fax machine while cooling their heels in a congressional office.

But if you are a lawmaker's spouse, sibling or child, there is not a single rule governing whether corporations, trade groups and others can hire you to lobby your relative -- and his or her colleagues -- on legislation vital to the clients.

Politicians' familial ties to lobbyists are attracting new attention, as public watchdog groups and the news media scrutinize potential conflicts of interest. The problem has grown in recent years as lawmakers' spouses -- women, most often -- have developed careers in a city where many businesses revolve around the Capitol. Wary of shutting down these opportunities, House and Senate committees have opted for general and comparatively loose guidelines rather than establishing specific rules for family members.

Dozens of senators and representatives are related to lobbyists who represent interests including the American Beekeeping Federation, Major League Baseball and the steel industry. While some lobbyists try to keep their distance, others appear less concerned.

The Los Angeles Times recently chronicled how Sen. Harry M. Reid (D-Nev.) supported several measures promoted by his son and son-in-law, both lobbyists for Nevada interests. Several times, Reid's relatives appealed to the senator's staff to help facilitate federal land swaps, protect mining interests and steer federal dollars to clients such as the University of Nevada at Reno. Reid did not tell colleagues or the public that the provisions he authored, many of which were obscure, benefited clients that paid his son and son-in-law $2 million in lobbying fees, according to the Times.

Reid said he had "conversations" with the two relatives about their clients, but that the discussions were unrelated to his legislative actions. His staff also spoke with his son, Key G. Reid, who works for the Nevada law firm Lionel, Sawyer & Collins, and his son-in-law, Steven Barringer, a lobbyist with McClure, Gerard & Neuenschwander.

Tessa Hafen, the senator's press secretary, said mining and gambling industries drive the state's economy. "Of course, Senator Reid, as a senator from that state, is going to represent those industries," Hafen said.

After a Los Angeles Times interview with Reid, his chief of staff issued a policy barring his son and son-in-law from lobbying the office. "Senator Reid has long held that elected leaders must take steps to prevent even the appearance of impropriety, and it has become clear this ban is necessary for that reason," the aide said.

Sometimes senators produce results for their children's clients even if they've sworn off lobbying contacts. Chester Trent Lott Jr., son of Sen. Trent Lott (R-Miss.) and a lobbyist with the Livingston Group, represents interests in Kentucky and Washington, including Louisiana-based Edison Chouest Offshore, which services vessels. Last fall, his father, the then-Senate majority leader, added a provision to legislation allowing foreign-built ships to conduct domestic trade along the United States' coasts, something that is barred under a 1920s law. That helped Edison build ships for ExxonMobil Corp, since it would let the company buy foreign oil tankers if it could not complete the job in time. Edison spokesman Lonnie Thibodeaux said he could not "discuss the matter at all. . . . Whatever is public record is public record."

Livingston Group spokesman William R. Teator, whose group works with the younger Lott, said the senator and his son have an agreement not to discuss clients. Sen. Lott did not return several calls.

Charles Lewis, executive director of the Center for Public Integrity, said the increasing coziness between politicians and their lobbyist relatives is "unseemly. It does seem to be getting out of hand."

A lawmaker's ascension into leadership can directly help family members, Lewis noted, such as when then-House Majority Whip Tom DeLay's brother, Randy DeLay, recovered from financial problems after becoming a lobbyist. DeLay (R-Tex.) banned his brother from his office after an outside group filed an ethics complaint.

Joshua Hastert, son of Rep. J. Dennis Hastert (R-Ill.), signed up with a lobbying firm after his father was elected speaker.

Several politicians and their relatives say they adhere to strict policies. Senate Minority Leader Thomas A. Daschle's wife, Linda H. Daschle, an aviation expert and former Clinton administration official, has nearly a dozen clients at Baker, Donelson, Bearman, Caldwell & Berkowitz. But she refuses to lobby in the Senate, in the same way she did not lobby in the House when her husband, a South Dakota Democrat, was a representative.

Former Clinton administration aide Doris O. Matsui is registered for 70 clients at Collier Shannon Scott. Although many of these groups may have tax and trade interests, Matsui will not represent them on those issues because her husband, Rep. Robert T. Matsui (Calif.), is a senior Democrat on the Ways and Means Committee. She does not lobby any Ways and Means Committee member, Rep. Matsui said.

"We don't talk about anything having to do with work," he said.

Others adopt more liberal standards. Joshua Hastert, who represents high-tech and small businesses at Federal Legislative Associates, will not approach his father but has not ruled out lobbying other House leaders, Hastert spokesman John Feehery said.

Kimberly Dorgan, wife of Sen. Byron L. Dorgan (D-N.D.), is a senior lobbyist at the American Council of Life Insurers, which spent $3.36 million on lobbying last year. Kimberly Dorgan does not lobby her husband, but reserves the right to work his colleagues, said Jack Dolan, a spokesman for the ACLI. He said the group hired Dorgan five years ago because of her lengthy lobbying experience rather than her family ties.

The House and Senate ethics committees suggest that lawmakers rely on broader conflict-of-interest rules to guide their actions regarding spouses. These panels are silent on the question of other relatives' lobbying.

Rep. Joel Hefley (R-Colo.), who chairs the House Committee on Standards of Official Conduct, said the most common problem he sees is lawmakers' relatives taking advantage of relationships they have developed with the congressional colleagues of their spouse or parent. "It's something of concern," Hefley said. "I don't know exactly how to control it, unless there are [clear] violations."

The House manual says: "Neither federal law nor House rules specifically precludes a member's spouse from engaging in any activity on the ground that it could create a conflict of interest with the member's official duties." But it cautions, "the question may arise as to whether the member is improperly benefiting as a result of the spouse's employment." The ethics committee tells lawmakers "to avoid situations in which even an inference might be drawn suggesting improper action."

The Senate Select Committee on Ethics, whose chairman, George V. Voinovich (R-Ohio), declined to comment, has a similar policy.

Staff researcher Alice Crites contributed to this report.

© 2003 The Washington Post Company