RULES FOR THE ROAD
Introduction
As an executive branch
employee, you have learned much about Government policies, programs, and
personnel that could be of use to future employers. Even after you leave your
Federal job, some of you may still be able to influence Government decisions.
This pamphlet briefly
describes Federal laws that restrict what you can do after you leave Government
service or when you leave certain Government positions. The laws address the
types of activities that are most likely to cause the public to be concerned
about the way the Government does its work.
Depending upon the nature
of your Government job and what you plan to do in the future, some of these
laws may not affect you. Or you may be
affected by more than one restriction. Most
of the laws do not apply to former military enlisted personnel. However, some
of these laws apply even to individuals who worked for the Government only part-time.
In addition to the laws
described in this pamphlet, you might also have to comply with rules that apply
just to former employees of your agency.
Also, if you have participated in a procurement or in the administration
of a contract or had access to certain sensitive procurement information, some
special restrictions or obligations may affect you. Finally, when you leave, you might agree to
other limitations in exchange for a separation payment, or “buyout.”
This pamphlet only summarizes
the laws. It is not a substitute for
counseling. If you have any questions, you should contact your agency ethics
official.
Note: Seeking Future Employment
Although this pamphlet
focuses on the laws that apply to post-Government activities, there are also
laws that may affect you while you are looking for a job. For example, you may have to avoid working on
certain official assignments while you are seeking or negotiating for a job.
Ask an agency ethics official for advice before you take any steps toward
getting a job with someone affected by matters that you are working on for the
Government. Also, if you are participating in a procurement, you may have to
file a written report if you contact or are contacted by a bidder or offeror
about a possible job –– even if you immediately reject any offer.
If You Want to Represent Others Before the Government
After you leave your
Federal job, you generally may work for any employer. You also may contact any
part of the Government solely on your own behalf –– by phone, by letter, or in
person.
You may not, however, try
to influence any Federal agency or court on behalf of anyone else (including a
new employer) concerning certain kinds of matters –– like contracts, grants, or
lawsuits –– if you worked on those same matters during your Government service. You do not have to be a “lobbyist” to be
affected by the law, and you may be affected even if you are working for a good
cause or are not being paid for your work.
Unless you served in a
“senior” or “very senior” employee position, you may try to persuade current
Government employees to take action concerning matters in which neither you nor
any of your subordinates were involved. You may even be able to try to
influence current employees about some of your old assignments that did not
involve a “party” or “parties,” such as a regulation or legislation that you
drafted.
The length of the
restriction depends upon how you were involved in the matter while you still
worked for the Government. If you were personally and substantially involved in
the matter, then the restriction is permanent. If you merely supervised others
who did the actual work, then the restriction lasts for two years from the date
you leave Government service. The two-year restriction does not apply unless you
supervised the matter during your last year of Federal service.
If You Want to Accept Compensation from an Employer that Represents Others Before the Government
After you leave your
Federal job, you generally may work for any employer –– even one that
represents clients before the Government. You may not, however, share in
profits that your new employer earned as a result of representing clients –– in
connection with certain kinds of matters –– before any Federal department,
agency, or court at a time when you were still a Government employee. The
restriction may affect you even though you were never involved in the matter
during your Federal service.
This restriction is most
likely to affect former employees who join law, accounting, or public relations
firms as partners. As time passes, the restriction is less likely to be an
issue since firms will eventually collect past due accounts and distribute the
related profits to those firm employees who may accept them.
If Your Government Work Has Related to Procurement
Even if you have
participated in a procurement or in the administration of a contract, you may
be able to work for a contractor that does business or seeks to do business
with your former agency.
However, for one year you
may not accept compensation from a contractor to serve as an employee, officer,
director, or consultant if –– while working for the Government –– you had
certain responsibilities or took certain actions relating to a large
procurement involving that contractor. The bar against accepting compensation may
apply to you whether you participated in the pre-award or post-award phase of
the procurement.
For example, you may not
accept compensation from a particular contractor if –– in connection with a
contract awarded to the contractor for more than $10,000,000 –– you served as
the procuring contracting officer at the time of award, or as the program
manager or administrative contracting officer for the contract. You also may
not accept compensation from the contractor for one year if, for example, you
approved a contract payment or payment of a claim to that contractor for more
than $10,000,000.
You may accept
compensation from a division or affiliate of the contractor that does not
produce the same or similar products or services as the entity responsible for
the contract.
Note: Disclosure of Procurement Information
If you have had access to
certain sensitive procurement information, you may not disclose that
information before the award of the contract to which the information relates
(unless permitted by some other law).
If Your Government Work Has Related to International Negotiations
If you worked on certain
trade or treaty negotiations during your last year of Government service and
had access to certain restricted information, you should contact your agency
ethics official because you may be barred for one year from aiding or advising
anyone (other than the
If You Have Been a High-Level Government Official
Even if you have served in a high-level Government position, you generally may work for any employer –- including a foreign government -- after you leave Federal service. You are also free to contact any part of the Government solely on your own behalf –– by phone, by letter, or in person. However, if you have served in a “senior” employee position, your future activities may be affected by restrictions in addition to the other restrictions discussed in this pamphlet. These additional restrictions last for one year from the date you leave your senior employee position and apply even if you aren’t paid for your work. Specifically:
· You may not try
to influence any department or agency in which you served during your last year
of Government service, on behalf of anyone else (including a new employer),
concerning any official matter –– even if you were never involved with the
matter as a Government employee. (Some former senior employees, however, are
allowed to contact certain components of their former department or agency.)
· You may not assist
a foreign government or foreign political party in its attempt to influence a
decision of any department or agency.
You may also be prohibited from representing a foreign entity before
Congress.
Your ethics official can
determine whether you are a senior employee. In general, “senior” employees
include Presidential appointees, flag officers, most members of the Senior
Executive Service (and some high-level employees in similar pay systems), and
private sector participants in the Information Technology Exchange Program.
Former “very senior”
employees, such as cabinet officers, are also prohibited from contacting their
former department or agency to seek official action on any matter. In addition,
they are prohibited for one year from trying to influence current high-level
officials at any other department or agency. As described above, very senior
employees are also prohibited from assisting a foreign government or foreign
political party in its attempt to influence any department or agency. Very senior employees also may be prohibited
from representing a foreign entity before Congress.
If You Participated in the
Information Technology Exchange Program
If you are an employee of
a private sector organization and have been assigned to an agency under the
Information Technology Exchange Program, you may not aid, counsel, or assist in
representing anyone (other than the
Conclusion
This pamphlet is only a
brief summary of the post-employment rules.
For more guidance about your particular situation, contact your agency
ethics official.
June 2004