Wife, Friend Tie Congressman to Consulting Firm

Upson's firm is part of a cottage industry of former government officials and others who hire themselves out as "contracting consultants" to firms seeking government work. Although they do some of the same things as lobbyists, they do not register with Congress or publicly report their activities, as lobbyists are required to do.

Federal law generally requires people to register as lobbyists if they approach lawmakers or government officials with the intent to influence the "formulation, modification or adoption" of legislation, regulation or policy. Congress said it passed the law to "increase public confidence in the integrity of Government." Failure to register can result in civil fines.

Unlike lobbyists, contracting consultants such as Upson and Devolites Davis do not publicly disclose their clients' identities because they do not register as lobbyists. They also do not reveal the issues they have handled or the fees they have been paid. But they offer some of the same services traditionally provided by lobbyists.

"The issue is: Are they lobbying?" said Jan Baran, a former general counsel of the Republican National Committee who specializes in lobbying and ethics law. "Their activities strongly resemble what lobbyists here in Washington do every day."

Upson said he had not registered because less than 20 percent of his business is lobbying.

"There have been a limited number of instances when I have had contact with Congress or the Executive Branch in the course of conducting my broader work; but this contact constitutes a small and episodic part of the services ICG has provided its clients," Upson said in a statement. "I have engaged an attorney who is an expert regarding the lobbying statute. He has advised me that such de minimus activities -- an occasional meeting with an Executive branch official or Congressional staff or a draft of a document -- does not require registration."

A day after receiving questions from The Post last week about his business practices and his relationship with Davis, Upson consulted with his attorney and filed a lobbying report disclosing his work on behalf of one of his clients, Juniper Networks Inc. He declined to identify his other clients.

A Friend to Contractors

---

Davis's tenure in Congress has been marked by a series of accomplishments. He enacted the D.C. Financial Control Board Act and urged reforms of the District's troubled child-protection system. Davis has used his committee to hold numerous oversight hearings into issues such as the war against narco-terrorists and the Food and Drug Administration's ability to protect the public from harmful prescription drugs.

Davis also stands as one of the most knowledgeable members on technology issues in Congress.

"I come out of the contracting business," said Davis, a former procurement attorney for two government contractors in Northern Virginia. "I know a lot about it. I litigated this stuff. I obviously have a philosophy and a bent on this that other members don't. But I also have an understanding that goes four decimal points deep."

A graduate of the University of Virginia School of Law, Davis served on the Fairfax County Board of Supervisors in the 1980s and early 1990s, rising to chairman. He gained a reputation as a moderate, brilliant political strategist.

At the time, Davis also served as corporate attorney for two companies, including PRC Inc., a technology contractor in McLean where Upson worked. In 1994, Davis was elected to Congress to represent Northern Virginia. Upson served as his political adviser.