February 17, 2000DO-00-006
Designated Agency Ethics Officials, General Counsels and Inspectors General
Stephen D. PottsDirector
Reissuance of post-employment summary on restrictions in 18 U.S.C. § 207
In anticipation of increased demand for post-employment advice during the upcoming Presidential transition, we are reissuing the attached summary of 18 U.S.C. § 207, to facilitate your counseling and training of departing executive branch employees. It was previously issued by DAEOgram in October 1990 and again in November 1992, to provide preliminary interpretation of the statute, as amended by the Ethics Reform Act of 1989. With the changes described below, this summary of § 207 remains valid, pending completion of new regulatory guidance.
The only substantive changes in the summary since the 1992 dissemination are those which were necessary to reflect statutory amendments in 1995 and 1996. Specifically, those amendments pegged part of the definition of "senior employee" in § 207(c) at level 5 or above of the Senior Executive Service (instead of level V of the Executive Schedule); extended the duration of the ban on representing foreign entities in § 207(f) for the United States Trade Representative and the Deputy United States Trade Representative; and added an exception in § 207(j) that permits "senior" and "very senior" employees to represent candidates and certain political organizations. Other than those three substantive changes and some very minor edits, the attached summary of 18 U.S.C. § 207 remains unchanged from its 1992 issuance.
Sometime this spring, we will be providing you with a separate, shorter overview of 18 U.S.C. § 207, which will be especially suitable for distribution by you directly to departing employees. That overview, in the form of an easily understood pamphlet or memorandum, should be useful as a quick reference for departing employees, to supplement the post-employment counseling that you will be called upon to provide them during the Presidential transition. In the interim, we hope that the attached detailed summary will be helpful to you.
Note: The attached summary covers 18 U.S.C. § 207 only. When providing post-employment advice, remember that 18 U.S.C. § 208 and Subpart F of the Standards of Ethical Conduct at 5 C.F.R. part 2635 will govern executive branch employees while seeking or negotiating for private sector employment. Also, post-employment restrictions in addition to 18 U.S.C. § 207 may apply to certain non-career "senior appointees" and "trade negotiators" under an ethics pledge, pursuant to Executive Order 12834 of January 20, 1993.