# Presentation: 202169

## Non-Federal Employment

- Looking for a non-Federal job
- Post-Government employment

## What You Should Know

- Recognize potential ethics problems
- Know when to contact your ethics counselor

## E t h i c s

**David W. Ream, Director**
**Stephen Epstein**
**Gail D. Mason**
**Robert F. Stoss**
**Robin Clay**

**3D941 Pentagon**
**Washington, D.C.**
**	****20301-1600**
**(703) 697-5305**
**(703) 695-3422**
**SOCO@osdgc.osd.mil**

**The Standards of Conduct Office**

**C u s t o d e s  C u s t o d i m u s**

**R’**

**U ****s**

## Government Property

- Chain of command may  permit
- Reasonable time and frequency
- Personal time
- Downsizing
- No adverse reflection on DoD
- No significant additional cost

## Seeking Employment

- You’re the supervisor of a Project Office. You have never been involved with procurement, and your current work is  producing reports for the Government.
- May you meet with a representative of the contractor who supplies an employee to support your Project Office?

## Seeking Employment:  The Rule

- You can’t do Government work
- On a particular matter
- That could affect the financial interests
- Of a prospective employer
- When looking for employment

## Remedies?

- Disqualification
- Rejection
- Other
- Supervisory determination
- Statutory waiver
- Consult your ethics counselor

##  How long?

- Until either party rejects employment and discussions end
- Until two months after sending resume and no answer

## Is Supervising Enough?

- Your project office sends defense satellites into orbit.  One of them fell to earth and destroyed the home of the Tatooine ambassador.  A claim for damages against DoD is under review in your office. You spend five or six minutes reviewing your staff’s draft, and suggest that she reconsider one issue, revise the draft, and return it to you for another quick look.
- May you meet with a Tatooine representative to discuss working for the planet?

## Supervising Is Enough! 

- Giving guidance to a subordinate is Government work on a particular matter
- Get advice from your ethics counselor

## Procurement Duties	

- You’re reviewing the award of a competitive Government contract worth $500,000.  One of the bidders asks if you would be interested in working for the company.
- May you meet with the company?

## Procurement - The Rule

- In a 100,000+ competitive procurement -
- Report all employment contacts with bidders or offerors
- When seeking employment with bidders or offerors, special disqualification required

## Interview Travel Expenses

- Nerdatron Corp., a software development company and defense contractor, is located 300 miles from your home.  The company offers to pay your travel expenses to the interview.
-  May you accept Nerdatron’s offer to pay your travel expenses?

## Travel Expenses

- You may accept customary travel expenses for interviews with defense contractors
- Meals
- Lodging
- Transportation

## Representing - Before Leaving 

- You’ve become a senior salaried employee of Lobbying Consultants, Inc. (LCI), while you’re on a leave status with the Gov’t.  LCI asks you to work with a client by consulting with its experts, drafting the factual attachments to a letter to the CPSC, and then signing and submitting the letter.
- May you do, and be paid for, these actions?

## Representing Before - the Rule

- You may not
- Represent anyone else, or
- Be compensated for representational services made by anyone
- To any Federal agency or court
- About a particular matter
- Involving the Government
- While you are a Government employee

## Representation - After Leaving

- Three months later, you are no longer a Government employee, and LCI makes you a partner.  The CPSC has responded with more questions.  LCI again asks you to consult with the experts, draft the letter to CPSC and its factual attachments, and then sign and submit the letter.
- May you do these actions, and receive a partnership share?

## Representation After - the Rule

- You may not be compensated for representational services made by anyone
- To any Federal agency or court
- About a particular matter
- Involving the Government
- While you were a Government employee

## Post Employment:Lobbying on Matters

- As a Government employee, you gave DoD advice on a proposed merger between Big Missiles and Little Missiles.  Big Missiles hires you as a consultant.
- May you now call the Justice Department for Big Missiles in an effort to get the merger approved?

## Post Employment: Matters Lobbying Rule

- You may **never** lobby for
- Anyone else
- Before **any** Federal agency or court
- On the same particular matter
- On which you worked for the Government

## Lobbying Wrinkles

- Could I do it if I didn’t get any money?
- . No.
- May I advise it on how to approach the Justice Department?
- . Yes.

## Post Employment: Lobbying re Official  Responsibility 

- You didn’t do any Government work on the merger, but one of your subordinates reviewed it during your last year of service.  18 months after you left, the merger is still going on and on.
- May you now represent Big Missiles?

## Post Employment: Official Responsibility Lobbying Rule

- For **2 years**, you may not lobby for
- Anyone else
- Before **any** Federal agency or court
- On a particular matter
- That was under your official responsibility during your last year in Government service

## Trade/Treaty Negotiations

- For 1 year, you may not represent **or advise**
- Anyone else
- On a treaty or trade negotiation
- Based on FOIA-exempt information
- On which you worked during your last year in Government service
- Treaty: requires Senate advice and consent

## Post Employment:Procurement Integrity

- Six months ago you authorized settlement of a $15 million claim with High Flying Satellites, a defense contractor.  Now High Flying wants to hire you as a consultant.
- May you take the job?

## Post Employment:Procurement Integrity-the Rule 

- You may not accept compensation from a contractor -
- For one year after:
- serving in certain positions, or
-  making certain decisions
- If the concerned contract, payment or claim is valued at more than $10 million

## Positions and Decisions

- Positions
- Procurement:  PCO, SSA, member of source selection evaluation board, and chief of financial or technical evaluation team
- Program/Awarded Contract: Program Manager, Deputy PM and ACO
- Decisions
- Award contract, establish rates, approve payment, and settle a claim

## Procurement Integrity:A Special Case

- You may accept compensation
- From a division or affiliate
- That does not produce
- Same or similar products or services

## Procurement Information

- You had access to contractor proposal information while a Government employee. A friend asks you to discuss it to help him with his study on Federal procurement procedures.
- May you share the information with him?

## Procurement Information: Rule

- You may not disclose
- Contractor bid or proposal information, or
- Source selection information
- To anyone, unless authorized

## Cooling-Off Period

- You retired in the last year as the Principal Deputy Assistant Secretary of Defense for Missile Defense (SES 6).  One of your consulting clients has asked you to lobby the Army on a matter on which you never officially worked, and which was never under your official responsibility.
- May you lobby for your client?

## One Year Cooling Off

- 	Executive Schedule
- 	General/Flag Officers
- 	Career and Non-Career SES-5 and 6
- 	For one year, you may not lobby for anyone else to your former *agency*.

## What’s an Agency?

- For Executive Schedule: All DoD
- For SES 5 & 6: Specific Agency, 1 of 10
- For General/Flag Officer: Specific Agency and own Military Department

## Foreign Entities - The Rule

- For 1 year, you may not represent, **aid or advise**
- Foreign government or foreign political party
- With the intent to influence any Federal Agency

## The Ethics Pledge:Cooling-Off Period

- You retired three years ago as the Principal Deputy Assistant Secretary of Defense for Missile Defense (non-career SES 6).  One of your clients has asked you to represent it to the Army on a matter in which you never officially worked, and which was never under your official responsibility.
- May you represent your client?

## 5 Year Cooling-Off:  The Rule

- For five years, you may not lobby for anyone else to your former agency.
- Former Agency
- For Executive Schedule: All DoD
- For Non-career SES 5 & 6: Specific Agency, 1 of 10

## The Ethics Pledge: Agent of Foreign Government

- You may **NEVER** act
- As an agent
- On behalf of a foreign government or foreign political party

## Retired Military

- You have a master’s degree in finance.  Before becoming the Principal Deputy Assistant Secretary, you had retired from military service.  A U.S. company, Frugal Financial Advisers, Ltd., wants to hire you to provide the training to Indonesia’s Ministry of Finance.
- May you accept the job?

## Special Rule: Retired Military

- You may lose your retired pay
- If you receive benefits from a foreign government
- Contact your Service JAG

## True or False

- 1. As long as you’re not personally working on a matter that may affect the interests of a company, you may send your resume to that company.
- 2. After you leave the government, you are restricted for two years from working on particular matters that you worked on as a Government employee.

## True or False

- 3. For one year after leaving the Government, you are restricted from working on matters that were under you official responsibility during your last two years of service.
- 4. You can write a book on DoD’s procurement practices for publication by a non-profit organization, even if some of the information may have been protected by a private company.

## True or False

- 5. You may look for employment with Hughes Aircraft even though you awarded a $25 million contract to it four months earlier.
- 6. You may accept employment with the Financial Services Division of ABC Co. even though you awarded a $7 million contract to the ABC Aircraft division six months ago.

## True or False

- 7. Under the Ethics Pledge, you are prohibited for five years from registering as a foreign agent for a foreign country.
- 8. During your last year of Government service, you transferred from an Executive Level position in OSD to an SES 6 in the Army.  Therefore, your five-year cooling off period will apply only to the Army, not the whole of DoD.

## True or False

- 9. During your last year of Government service, you were a Flag officer assigned to NIMA.  Because you are a naval officer, your one-year cooling off period  applies only to the Department of the Navy.

## When In Doubt

- Here we are!
- Your Ethics Counselors:
**David W. Ream,  Director                    3D941           **
**Stephen Epstein                                     Washington, D.C.**
**Gail Mason****	****	****	****             20301-1600****	**
**Robert F. Stoss                                       (703) 697-5305 **
**Robin Clay                                              (703) 695-3422**
**                                                                       ****SOCO@osdgc.osd.mil**