WASHINGTON (Legal Newsline) - While it's fairly commonplace for former government workers and even former congressional members to pass through a revolving door to the world of lobbying, certain rules have to be followed, according to a D.C. ethics attorney.
Namely, there's a one-year waiting period between government separation and furthering client interests before former colleagues and members.
Jeff Carroll, former House Committee on Energy and Commerce senior staff director for Chairman Rep. Frank Pallone (D-NJ) until July 2021, appears to have gotten a head start in his role as lobbyist at Capitol Counsel, LLC. He works on behalf of some 15 to 20 clients whose industries fall under the scope of the House Energy and Commerce Committee, according to House of Representatives lobbying disclosure records.
Carroll was a registered lobbyist in the fourth quarter of 2021 and the first quarter of 2022.
“I suspect the thinking when the law was written decades ago was to get some separation between when an individual was working for the government and when he or she moves to the private sector to avoid undue influence or something else untoward,” said Caleb Burns, a partner and government ethics attorney at Wiley Rein law firm in Washington.
Carroll did not immediately respond to requests for comment.
“A former committee staffer can socialize with his or her former colleagues during the one-year waiting period,” Burns said. “The statutory prohibition is on attempting to influence them in connection with their official duties. So, you can still go to a birthday party or their house for dinner on a Friday night, all of that is fine. You do have to be careful that you're not discussing business.”
Pallone announced Carroll's departure last July in a press release.
“After 25 years of outstanding service, Jeff Carroll will leave Capitol Hill for the last time as a public servant at the beginning of August (2021),” Pallone stated. “Over the years, he has become my most trusted adviser, and he is known to members and staff for his candor, political savvy, and commitment to the little guy. My Congressional office, the Energy and Commerce Committee, the Congress, and the nation have benefited enormously from Jeff’s commitment to achieving meaningful progress for the American people. I’m going to miss him tremendously, but I wish him nothing but the best in his future pursuits.”
Carroll's current private sector client list at Capitol Counsel includes Neurocrine Biosciences based in San Diego, Blandford Biotech based in Williamsville, NY, Anbaric Development Partners based in Wakefield, Mass., Verizon Communications based in New York, Ambulatory Surgery Center Association (ASCA) based in Alexandria, Va. and Blue Earth Diagnostics based in Oxford, England.
“The law doesn't prohibit the practice of so-called ‘behind the scenes' lobbying, such as advising others on meetings and communications they will have with Congressional personnel but stops short of actually allowing engagement in those meetings or otherwise making direct communications with former congressional colleagues,” Burns said.
The House Energy and Commerce Committee holds legislative purview over a broad variety of issues including health care, biomedical research, environmental protection, national energy policy, as well as broadcast and electronic communications.
"The prohibition only applies when the former congressional committee employee attempts to communicate directly with his or her former colleagues in an attempt to influence them," Burns said. "A former committee staffer’s new private-sector colleagues can communicate with congressional personnel notwithstanding the prohibition that applies to the former committee staffer and the former committee staffer could advise his new colleagues on what they should say or how they should approach the committee. But the former committee staffer cannot be in those meetings, send emails, or otherwise communicate with his or her former colleagues to try and influence them."
In the U.S. House of Representatives, the prohibition applies to certain senior staff which is measured by whether they earn at least 75% of what a member of Congress is compensated. Currently, that threshold is $130,500.
“The threshold attempts to keep up with inflation by pegging it to 75% of what a member of Congress makes,” Burns added. “To the extent their compensation increases, then the 75% threshold will result in a commensurate increase. That said, it's been politically unpalatable for members of Congress and Senators to increase their salaries which have now been frozen for years.”