Ethics
Seeking Employment & Post-Employment Restrictions
Background
All separating employees are subject to certain post-employment
restrictions. The following is a brief overview
of restrictions faced by Agency employees.
Definitions
PARTICULAR MATTER (for individuals currently employed
by the Government): work related to, or stemming from, the
employee's Government job (i.e. any investigation, application,
request for ruling or
determination, rulemaking, contract, controversy, claim, charge,
accusation, arrest, or judicial or other proceeding).
PARTICULAR MATTER (for purposes of post-employment
considerations): work related to, or stemming from, the former
employee's Government job (i.e. any investigation, application,
request for ruling or determination, rulemaking, contract, controversy,
claim, charge, accusation, arrest, or judicial or other proceeding
involving a specific party.
PROCUREMENT-RELATED WORK: the official work of any present
or former employee who, by virtue of his/her position, has or
had access to contract bid or proposal information or source selection
information.
REPRESENTATION: knowingly communicating with, or appearing
before, a current employee of the United States, on behalf of
another person/organization with the intent to influence the Federal
employee's/agency's actions in a specific matter.
SEEKING EMPLOYMENT: to make arrangements for, settle, or
conclude a transaction for non-Federal work. For questions regarding
the parameters of commencing and terminating employment negotiation,
see the Standards
of Ethical Conduct, Sec. 2635.603, Definitions, or call your
Ethics Advisor.
SENIOR PERSONNEL: employees paid at or above Executive
Schedule Level V.
SUBSTANTIAL PARTICIPATION: personal and significant involvement
with a particular matter involving the following processes: decision,
approval, disapproval, recommendation, the rendering of advice,
investigation, etc. Significant involvement requires more than
official responsibility over a particular matter. (For determinations
of substantial participation, call your Ethics Advisor.)
Seeking Future Employment Prohibition
Employees may not take official action on a particular matter
affecting the financial interests of an organization with
which they are seeking or have an arrangement for a job.
(Employees should review the Standards
of Ethical Conduct, Section 2635.604, Disqualification
While Seeking Employment, prior to negotiating prospective employment
with any organization dealt with in their official capacity.)
Restrictions After Leaving the Government
The following statutory prohibitions prevent Government employees
from "switching sides" after leaving the Government.
LIFETIME BAN: prohibits an employee from representing
anyone before the Government on a particular matter involving
specific parties in which the employee participated personally
and substantially while with the Government.
ONE-YEAR BAN: prohibits senior personnel (employees
paid at or above Executive Schedule Level V) from making a communication
with the intent to influence any office or employee of the Department
on a Government matter.
TWO-YEAR BAN: prohibits an employee from representing
another person on a particular matter involving specific parties
which was pending under the employee's supervision/responsibility
for the last year of the employee's Government service.
Procurement Related Restrictions
Separated employees are prohibited from participating on behalf
of a contractor in negotiations that they participated in personally
and substantially, or personally approved and reviewed
for the Government as follows:
IF FEDERAL EMPLOYMENT ENDED:
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THEN THE EMPLOYEE IS PROHIBITED FROM CONTRACT PARTICIPATION
FOR A PERIOD OF:
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before January 1, 1997
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2 years
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on or after January 1, 1997, and the contract is in excess
of $10,000,000
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1 year
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Penalties
A former employee who violates the post-employment restrictions
is subject to the following penalties.
NUMBER
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PENALTY
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1
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Imprisonment not to exceed 5 years/or a fine not to exceed
$50,000 for each violation, or the amount the person received
for the prohibited conduct, whichever is greater.
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2
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Injunction prohibiting a former employee from engaging in
conduct that violates the post-employment restrictions.
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Special Note/Contact for Additional
Information
THIS INFORMATION SERVES AS A GUIDE ONLY. For informal
assistance in interpreting and applying post-employment
restrictions, call your individual Ethics Advisor or the REE
Ethics Office. For information regarding procurement-related restrictions,
see the Federal
Acquisition Regulation, Part 3 - Improper Business Practices
and Personal Conflicts of Interest.
The U.S. Office of Government Ethics issued an updated guide in
June 2004 titled, "Understanding
the Revolving Door: How Ethics Rules Apply to Your Job Seeking and
Post-Government Employment Activities" - which provides
a general discussion about how the Federal ethics laws and restrictions
may affect individuals, both while looking for a job and after leaving
the Government.
Last Updated: 07/15/2004
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