Obama Lobbying Rules’ Effect on Recruitment Seen Small but Real
Tough Obama administration restrictions on lobbying by senior level appointees before and after they leave government service probably won’t create major difficulties for the next FCC chairman in hiring staff to fill senior positions from outside the agency, industry officials said Thursday. But it could cause some to pause before taking a job with the government. The restrictions also apply to NTIA and other government agencies that oversee communications policy.
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“I think the answer is that it will not be a large impediment to staffing the agency,” said a telecom attorney and former FCC official. “The biggest problem is there will be a few people who will not be able to accept jobs.” The official said many will apply for jobs just because they are motivated by Obama. “People who decided they want to do government service will do so anyway,” the official said.
Under the revised guidelines, senior officials, including commissioners, who leave the FCC or another executive agency are barred from doing business before that agency for two years, which is twice the length of the ban under the Bush administration. These senior officials are further banned from “lobbying” officials at their former agency for the remainder of the administration. Potential employees are also barred for two years from participating in a matter tied to a former employer.
Obama called the restrictions a “major step” to “close the revolving door that lets lobbyists come into government freely, and lets them use their time in public service as a way to promote their own interests over the interests of the American people.” Open government advocates were quick to support the restrictions.
In general, only a few FCC employees have the level of jobs likely to be covered by the ban -- for example, commissioners, former bureau chiefs and those with Senior Executive Service level positions, officials said. In addition, most contacts with the FCC are not usually considered lobbying. For example, making arguments in filings or in person as part of the ex parte process in an item before the FCC is not considered lobbying. But a lunch or other meeting to talk about a variety of items often is and would be banned in some cases.
Lobbying rules could discourage some from taking jobs at the FCC, but it will depend on how the rules define “lobbying” and “presidential appointee,” how the rules are enforced, and individual wants and needs of potential job applicants, said Josh Seidemann, regulatory policy director at the Independent Telephone & Telecommunications Alliance. For some, the prestige of a high-level FCC position may outweigh any limits on future lobbying, he said.
“The one year restriction was fine,” said a former FCC official. “If [the restriction] goes down to deputy bureau chiefs and legal advisors to the commissioners I think it makes it hard. … A lot of folks who spend time in government service need to work when they leave.” It’s a “challenge” for the new administration to restrict lobbying while not scaring away some from working with the government, the official said.
The lobbying rules address a legitimate concern that some could use the FCC as a revolving door to enhance their careers, said Randy May, president of the Free State Foundation and a former associate general counsel at the FCC. However, that concern must be balanced against the possibility of discouraging highly qualified people from joining the government, he said.