Lawmakers say rules are a ‘pain in the ass’

DENVER — It’s taken just three convention days for Democratic lawmakers to get buyer’s remorse over sweeping new ethics rules they passed last year.

Members of Congress attending the Democratic National Convention are expressing frustration with the thicket of restrictions that they say have caused confusion and pointless irritation.

{mosads}“It’s a pain in the ass!” said Rep. Jim Moran (Va.), one of 221 Democrats who voted for the final version of the Honest Leadership and Open Government Act of 2007.

Lawmakers have paid as much as $90 from their own pocket to attend parties that many guests attend for free and that members of Congress used to enjoy gratis at past conventions.

“I think the whole thing is ridiculous,” said Rep. Eliot Engel (D-N.Y.), who was asked to pay $90 to attend a party thrown by the Recording Industry Association of America that featured a performance by rap superstar Kanye West.

“The whole premise is ridiculous that I can’t go to a convention party for free but a lobbyist can give me a $10,000 PAC check and give you a $4,600 personal contribution.”

Engel, who also voted for ethics reform, thinks the result is a “hodgepodge of inconsistency” that has created “artificial restrictions which are arbitrary.”

One Democratic lawmaker who has endured a tough campaign this year decided to skip the Kanye West concert when he was told of the $90 charge.

“I decided not to bother,” said the lawmaker, who asked not to be identified by name.

The recording industry party was far from the only bash that required lawmakers to open their pockets to attend.

Members of the House Blue Dog Coalition had to pay $22 to get into a party in their honor sponsored by AT&T on Sunday night that featured pop star KT Tunstall, said a Democrat familiar with the arrangements. A Willie Nelson concert sponsored by the energy company CH2M Hill set lawmakers back $50.

Lawmakers and staff can go to parties with no-name bands for free.

Some lawmakers have had to stand around awkwardly at receptions, forbidden to eat or drink anything, while other guests enjoyed buckshee booze and hors d’oeuvres.

Rep. Rick Larsen (D-Wash.) said he couldn’t eat or drink at a Washington state delegation event because “the invitation was worded wrong.”

Members of Congress used to not have to worry about finding lunch or dinner at conventions. Now they’re on their own — a source of frustration to many of them.

“I bought my own fried chicken and french fries instead of gong to a catered event,” said Rep. Rush Holt (D-N.J.).

The law Congress passed was not complicated. It said a member of Congress could not participate in an event honoring that member if it was paid for by a lobbyist or organization that employs lobbyists. The law also barred members from accepting gifts from lobbyists or groups employing lobbyists.

{mospagebreak}But those prohibitions spurred an explosion of complex interpretations and exemptions. Many lawmakers say they are confused about what they may and may not do.

“Basically everything is vetted by the ethics committee,” said Larsen. “Everything has to receive a sign-off by the attorneys.”

Those throwing the parties are sometimes charging lawmakers to ensure they are in compliance. The recording industry decided to impose the $90 fee after talks with the House ethics committee failed to yield a letter of approval. The Senate did approve the party, which had a charitable component through its connection to U2 lead singer Bono’s anti-poverty One campaign.

{mosads}Democratic lawmakers have only themselves to blame. Just six House Democrats voted against the final version of the 2007 reform law: Reps. Neil Abercrombie (Hawaii), Allen Boyd (Fla.), Lacy Clay (Mo.), Emanuel Cleaver (Mo.), John Tanner (Tenn.) and John Murtha (Pa.), who called the reform “total crap” at the time.

More and more lawmakers apparently agree with him now that they are seeing its impact firsthand in Denver.

The Senate Ethics panel said senators could attend fancy receptions as “featured speakers.”

But the House panel concluded that appearing at such an event as a featured speaker would violate the prohibition on a member of Congress attending an event in his honor.

The House, however, has adopted more lenient views than the Senate on other issues. The House panel has ruled that lawmakers can attend events honoring congressional delegations.

Senators, however, cannot attend such events. A party must honor a state’s entire delegation in Denver, not just members of Congress, if senators are to be allowed to attend.

Kenneth Gross, an ethics expert at the law firm Skadden, Arps, Slate, Meagher & Flom, said many people are confused. Many event hosts think they can’t provide utensils at receptions attended by lawmakers.

“People think they have to eat with their fingers,” he said. “People are running around and collecting forks like an illegal substance.”

“You need a large staff just to interpret the rules,” said Rep. Dutch Ruppersberger (D-Md.). “We wrote it so complicated.”

Ruppersberger said it would make more sense for Congress to get rid of the bramble of complicated ethics rules and instead require lawmakers and staff to disclose immediately any perks and gifts they receive. He said the threat of public scrutiny would give Democrats and Republicans enough incentive to act ethically.

Sen. Dick Durbin (D-Ill.), who co-hosted a “Chicago Night” party on Monday night, brushed back criticism of the law.

“I don’t think it’s changed anything,” he said. “There will be plenty of food and drink to enjoy — no one’s going to leave Denver hungry or thirsty.”