Representation

18 USC § 203 Compensation

This statute bars employees from seeking or accepting compensation for assisting in representing another before the executive branch, or Federal courts or receiving money for anyone else’s representation.

18 USC 205 Claims Against The Government And

Representation

Prohibits a federal employee acting as an agent or attorney for:

-- prosecuting any claim against the US or sharing in the claim;

-- anyone else before a federal agency or court on a matter in which the US has an interest.

No switching sides

Prohibition on Federal Employees Representing Parties Outside the

Government

• Federal employees may not act as an agent or attorney (representing) anyone in a claim or other matter before a department or agency in which the United States has a direct and substantial interest.

Agreements or Arrangements

• Seeking Employment and Post-Government Employment Restrictions.

Non-Federal Employment Contacts

• Procurement Integrity Act (PIA) restrictions on non-federal employment contacts.– An agency official who is participating

personally and substantially in an acquisition over the SAT must report employment contacts with bidders and offerors (FAR 3.104-6(a)).

– Report required even if contact is through an agent (headhunter).

Seeking Employment

• Procurement Integrity Act (PIA) 41 USC 243(b). During the conduct of a procurement, a procurement official may not knowingly, directly or indirectly, solicit or accept from, or discuss with, any officer, employee, representative, agent, or consultant of a competing contractor, any future employment business opportunity.

“Seeking Employment” Defined (JER)

• Engaging in negotiations (solicited or unsolicited) for employment with any person, including entering into discussions, or communications with another person, their agent or intermediary, with a view toward reaching an agreement regarding possible employment.

• Unless the employee clearly rejects unsolicited communication regarding possible employment, they are seeking employment.

• An employee is not “seeking employment” if they merely request a job application.

What to do about employment contacts?

• Notify Supervisor and DAEO• IN WRITING (If procurement official)

– Agency official must either• promptly reject the employment offer, or• Request to recuse him/herself from the

procurement

• ALWAYS Avoid APPEARANCE of Impropriety

Seeking Employment And Post Employment

• ALWAYS avoid an appearance of impropriety!

• Bottom Line: If you are not sure what to do, seek advice from your DAEO’s Office.

Post Employment Restrictions of

18 U.S. Code § 207

• Applies to all former officers and civilian employees.

– Includes employees on terminal leave.

Representational Restrictions of 18 U.S. Code § 207

• Prohibits employees from “switching sides” after leaving government service.• Does not prohibit employee from working for KTR,

but restricts how the employee may work.• Does not bar behind the scenes involvement• Former employee may:

• ask questions about the status of a particular matter• request publicly available documents.• communicate factual information unrelated to an

adversarial proceeding.

Post-Government Employment Representational Restrictions

• 18 USC 207 Applies to all former officers and civilian employees.– Includes employees on terminal leave.– Excludes enlisted personnel.

• Imposes 3 Levels of Restrictions– Lifetime Ban.– 2-year Ban.– 1-year “No Contact” Ban.

Representational Restrictions of 18 U.S. Code § 207

• Prohibits employees from “switching sides” after leaving government service.– but restricts how the employee may work

• Does not bar behind the scenes involvement• Former employee may:

– ask questions about the status of a particular matter– request publicly available documents– communicate factual information unrelated to an

adversarial proceeding

Representational Restrictions of 18 U.S. Code § 207

• Lifetime Ban– Former employee is forever barred from

communicating or appearing with the intent to influence concerning a particular matter on behalf of anyone other than the government if:

• The government is a party or has a direct and substantial interest:

• former employee participated personally and substantially in the matter; and

• Specific parties other than the government were involved at the time of the participation

Representational Restrictions

• Ban does not prohibit former employee from working for a division or affiliate that does not produce the same or similar product or services

• Agency officials may request an ethics advisory opinion regarding whether they are precluded from accepting compensation

Representational Restrictions of 18 U.S. Code § 207

• Two-Year Ban– Former employees are prohibited for 2 years from

communicating or appearing with the intent to influence a particular matter on behalf of anyone other than the government if:

• government has a direct and substantial interest; • the matter was pending under the employee’s official

responsibility during the 1 year period prior to leaving service; and

• specific parties other than the government were involved at the time of the participation

Representational Restrictions of 18 U.S. Code § 207

• One-Year “No Contact” Ban– Prohibits former senior employees (> O-6/GS-

15) from communicating or appearing with the intent to influence concerning a particular matter on behalf of anyone other than the government for 1 year if:• the matter involves the department or

agency the employee served with during his/her last year of federal service; and

• person represented by the former employee seeks official departmental or agency action concerning the matter

When in Doubt?

• Check with your ethics advisors