Post-Employment Restrictions

As you may recall from previous EPA ethics courses, there is a criminal post-employment statute (18 U.S.C. 207) that imposes a number of different restrictions on the activities of former Government employees. They include:

• A lifetime prohibition on representing others in connection with the same particular matter involving specific parties in which you participated personally and substantially
• A two-year prohibition on representing others in connection with the same particular matter involving specific parties that was pending under your official responsibility during your last year of Government employment
• A one-year prohibition on representing, aiding, or advising others about certain ongoing trade or treaty negotiations on the basis of certain nonpublic information

In addition, if you're a "senior employee" (i.e., your base pay is greater than 86.5% of the Executive Schedule II base pay and other factors), you will have a one-year cooling off period that prohibits you from representing anyone before EPA in connection with any matter at all.

Example: You were recently on an IPA assignment to Canis University. As part of your IPA assignment, Canis University had you work on a Department of Interior grant to study the effects of dog laughter on humans. After your return to EPA, you quit and work for the University full-time. You may not represent Canis University back to the Dept. of Interior (or EPA) concerning this grant.