Many thanks to Taylor, who submitted a very helpful comment that answered many questions in my post yesterday. I’m reposting it here to highlight it for people who don’t read the comments. Again, I think making the government work as well as possible and holding everyone to the same standards builds trust in government. So here are Taylor’s observations and key links. Many of you will be in meetings with new and former government employees, so this tell you what to look for, and to whom you should report violations.
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From Taylor:
As a former career SES who is now in private industry, I was required to have a conversation with the USDA Office of Ethics before I left and was provided a letter of my restrictions. (I was actually required to notify the Office of Ethics when I was initially approached about the job and had to recuse myself from that point on any matters having to do with my prospective employer). My employer asked for that letter before I received a final offer.
It is pretty complicated (it is law after all) but basically, I was not allowed to have ANY contact with anyone in the Executive or Judicial Branches of government for one year (personal friendships excluded). I was not allowed to represent an entity before the USDA on any matter completed or pending while I was at USDA for the second year. I am restricted from representing an entity FOREVER on most anything I was involved in while at USDA. However, I was able to provide “behind the curtain” guidance during those two years without any restrictions.
The key to the Ethics issue once you are outside the government is WHO you are representing and to WHOM. Generally, TSM can’t represent the Wilderness Society for at least one year before anyone in the Executive or Judicial Branches. Can’t be in a meeting, on the phone, cc’d in an email. NO mention of her name by the Wilderness Society for one year for most situations (obviously there are some exceptions).
In general, Executives and SES have much stricter restrictions than GS. If you are a GS employee leaving to work for a company that wants to do business with the government or influence it, I highly recommend you reach out to Ethics before you leave just to be safe. And if you had anything to do with contracting decisions (whether on an evaluation team, contracting officer or program manager), be sure to ask them about the Procurement Integrity Act restrictions you may be under!
This makes me wonder about grants versus contracting in terms of choosing grantees compared to contractors. Also, do ethics concerns about contracting go away if the contracting is actually done by a grantee?
As for how this is monitored-we all know that federal employees are moral to a fault, so there shouldn’t be any issues, right? But, when necessary, Hotline reports to OIG or employees who report contact to their leadership are the most likely methods for enforcement. (For me, it is the fear of jailtime!) There will be an investigation, possible fines and even jail time depending on the situation.
There simply isn’t any other way for Ethics to monitor all of the former employees without a little help from current employees. During my time at USDA, I had a few reports from my staff of contact by prior SES/political appointees and I took the appropriate actions.
I think that this is worthy of note for employees.
The USDA Office of Ethics has some great information on all of this at https://www.usda.gov/about-usda/general-information/staff-offices/office-ethics/rules-road
https://www.usda.gov/about-usda/general-information/staff-offices/office-ethics/training-resources
There is even “an app for that”!Here are some basic references:
Post-Employment Representation Prohibitions: 18 USC § 207
The Post-Employment Restrictions Limit Communications and Representations Before the Executive Branch and the Federal Judiciary.
One Year Restriction on Communications by Senior Officials –
18 U.S.C. § 207(c)
Permanent or “Lifetime” Prohibition on Representations Concerning Party Matters – 18 USC § 207(a)(1)
Two Year “Official Responsibility” Restriction – 18 USC § 207(a)(2)
18 U.S.C. Section 207(b) and 207(f): Additional Legal Restrictions Which Include Prohibitions for Representing Foreign Entities and Concerning Foreign Trade Agreements and Treaties.
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Thanks again to Taylor.