A Jan. 8 Outlook article incorrectly said that Daniel Webster served as a U.S. senator from New Hampshire. Webster, who was born in New Hampshire, represented the state in the House of Representatives from 1812 to 1816. He then moved to Boston and represented Massachusetts in the House and later the Senate.
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Can I Lobby You?
While laws and rules do not stop crimes and rule breakers, both are vital to establishing and maintaining public confidence in the lobbying process. Congress, in particular, must take steps to reduce the excesses that Abramoff represents while preserving the right of effective lobbying. Here are four places to start:
Enforce current House and Senate ethics rules. After reading about Abramoff's wining, dining and entertaining, many Americans would be surprised to learn that both the House and the Senate have rules that generally limit gifts, including meals, to $49.99. However, neither congressional offices nor the ethics committees actually enforce those rules, thus making a mockery of them. Congressional officials, particularly staff, should be required to certify annually that they have not received improper gifts and such certifications should be subject to laws that make false statements a crime.
  The originals: While still a U.S. senator, Daniel Webster, left, was retained by business interests. Lobbyists later got their name by lingering in the lobby of the Willard Hotel, shown above in 1870, during the presidency of Ulysses S. Grant, right. (Corbis)   |
Tighten up those rules . There has been much attention paid to the expensive foreign trips taken by some officials at private expense. In Congress, but not in the executive branch, officials may accept luxurious travel, accommodations and meals anywhere in the world as long the trip has some official purpose, such as giving a speech or participating in a conference. This practice must be modified or eliminated. If a trip is justified and necessary for official reasons, then it should be modest and financed by the government. If some trips continue to be privately financed, there should be limits and officials must make prompt, complete and public disclosure, preferably on a government Web site.
Require lobbyists to itemize gifts and entertainment on lobbying reports. The current LDA requires the reporting of the total amount of money spent by lobbyists, but no itemization of expenses. Itemizing gifts and entertainment over, let's say, $20 would highlight which government officials accept such blandishments and whether they are adhering to their own ethics rules. Lobbyists and their clients are not subject to the congressional ethics rules but are subject to the LDA and other statutes that prohibit bribes and gratuities.
Promote an ethical culture. The character and leadership of government officials are the most important ingredients in setting examples and demanding ethical behavior. There are, however, additional steps. Any manager working at a major corporation will tell you that he or she must participate in mandatory educational compliance programs. Workers are required to know what the rules are, what the company policies are and to demonstrate that they know. No less should be expected of government officials. Congress needs to implement a mandatory annual compliance education program and no one should receive a paycheck unless he or she has completed the program.
The above steps will not eliminate the possibility of another future lobbyist who is determined to bribe or an official who seeks emoluments. Renegades and schemers unfortunately exist. But these suggestions would help increase consciousness about the rules, encourage ethical behavior and perhaps reduce the possibility of another Abramoff operating on his scale for so long without someone blowing the whistle.
The targets of my suggestions are government officials, our leaders. It is incumbent upon them to pay their share of a dinner check and to decline a ticket to a sporting event that violates any gift limit. If they seek the social company of lobbyists they should abide by the rules or go Dutch. By the same token lobbyists must abide by the laws and act ethically, as most do, even in the era of Jack Abramoff's excesses.
Author's e-mail: jbaran@wrf.com
Jan Witold Baran is a lawyer and former general counsel of the Republican National Committee. He served on the President's Commission on Federal Ethics Law Reform. He is not a lobbyist, but he does advise clients on the campaign finance and lobbying laws.
