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Post-Employment Ethics Restrictions

As a Treasury employee, you are subject to certain restrictions regarding matters you may 

work on after you leave Government employment. Moreover, even before you leave 

Government, if you begin seeking non-Federal employment, you are subject to recusal 

requirements under a criminal statute, 18 U.S.C. § 208. While you remain a Federal 

employee, you must remain recused from working on matters affecting the financial 

interests of any future non-Federal employer. (See Chapter 8 of the Treasury Ethics 

Handbook for guidance on “Seeking and Negotiating for Employment”)

These post-employment restrictions are complex and technical, and this is intended only 

as a summary. Other rules may apply. Employees who require more specific advice 

concerning the applicability of these restrictions should contact a Treasury ethics official.

Criminal Restrictions Applying to All Former Employees

• Permanent Matter-specific Representational Bar – No former employee who 

personally and substantially1 participated in a particular matter involving a 

specific party or parties2 at any time during his/her Federal employment may 

communicate with or appear before any Executive or Judicial branch employee on 

behalf of any other person with an intent to influence concerning that same matter 

after leaving the Government. 18 U.S.C. § 207(a)(1).

• Two-year Representational Bar – For two years after leaving the Government, 

no former employee may communicate with or appear before any Executive or 

Judicial branch employee on behalf of any other person concerning a particular 

matter involving a specific party or parties which such person knows or 

reasonably should know was actually pending under his/her official responsibility 

during the last year of his/her Federal employment. 18 U.S.C. § 207(a)(2).

1 As used in this summary, “participate personally and substantially” means involvement in a particular 

matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or 

otherwise. To “participate personally” means directly, and includes the participation of a subordinate in a 

matter when actually directed by the employee. “Substantially” means that an employee’s involvement 

must be of significance to the matter, or form the basis for a reasonable appearance of such significance. It 

requires more than official responsibility, mere knowledge, perfunctory involvement, or involvement on an 

administrative or peripheral issue.

2 The requirement of a particular matter involving a specific party or parties typically involves a specific 

proceeding involving the legal rights of the parties or an isolatable transaction, or related set of 

transactions, between identifiable parties. “Particular matters” include any investigation, application, 

request for a ruling or determination, rulemaking, contract, controversy, claim, charge, accusation, arrest, or 

judicial or other proceeding. For the purposes of the restrictions in sections 207(a)(1) and (a)(2), 

rulemaking, legislation, and the formulation of general policy standards or objectives are notsuch 

“particular matters.” Therefore, with respect to both the permanent and two-year representational 

prohibitions noted above, a former employee may represent another person in connection with a particular 

matter involving a specific party, even if rules or policies which the employee had a role in establishing are 

involved in the proceeding.
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• One-year Trade/Treaty Negotiation Bar – For one year after leaving the 

Government, no former employee who personally and substantially participated in 

any ongoing trade or treaty negotiation within the last year of employment and

who gained access to information that is exempt from disclosure under the 

Freedom of Information Act may represent, aid or advise anyone concerning the 

same ongoing trade or treaty negotiation on the basis of such information. 18 

U.S.C. § 207(b). 

Criminal Restrictions Applying to “Senior Employees”

For purposes of the restrictions below, “senior employee” is any Presidentially-appointed, 

Senate-confirmed individual, or other official serving in a position listed on the Executive

Schedule (5 U.S.C. §§ 5313-5316),

3 or any other employee not on the General Schedule 

and in a position for which the basic rate of pay is equal to or greater than 86.5% of the 

rate for level II of the Executive Schedule (i.e., currently equal to or greater than 

$183,467).4

• Two-year Cooling-off Period for Political Appointees (e.g., PAS, PA and

Non-Career SES) – Political appointees are required to sign the President’s 

Ethics Pledge. Pursuant to the Pledge, political appointees in senior positions

agree to abide by the post-employment restrictions in 18 U.S.C. § 207(c) for a 

period of two years. Specifically, for two years following service in a senior 

position, no former political appointee may communicate with or appear before 

any Treasury employee or senior White House staff, on behalf of any other person 

(except the United States) in connection with any matter concerning which the 

former employee seeks official action. 18 U.S.C. § 207(c); EO 13989, §1(4). For 

former Presidential appointees, this restriction applies to communications with or 

appearances before employees of the entire Department. For other former senior 

Treasury appointees, it generally is limited to their former employing bureau.5 

o “Senior White House staff” means any person appointed by the President 

to a position under sections 105(a)(2)(A) or (B) of title 3, United States 

Code, or by the Vice President to a position under sections 106(a)(1)(A) or 

(B) of title 3. EO 13989, §2(r).

• One-year Cooling-off Period for Non-Politically Appointed Senior Employees

– For one year following service in a senior position, no former employee may 

communicate with or appear before any Treasury employee, on behalf of any 

3 At Treasury, this generally includes all Presidential appointees other than the Secretary, who is governed 

by stricter rules.

4 This includes many (but not all) SES and SL employees.

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5 C.F.R. § 2641.302; Appendix B to 5 C.F.R. Part 2641. For former Treasury DO employees (other than 

former Presidential appointees), this restriction applies to communications with or appearances before 

Treasury DO but does not apply to the “components” listed in Appendix B to 5 C.F.R. Part 2641.
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other person (except the United States) in connection with any matter concerning 

which the former employee seeks official action. 18 U.S.C. § 207(c). This

restriction applies to a former employee’s employing bureau.6

• One-year Foreign Entity Representation Bar – For one year following service

in a senior position, no former employee may represent a foreign entity (meaning 

a foreign government or political party) before any officer or employee of any 

department or agency of the United States, including Members of Congress (and 

Congressional staff), or aid or advise a foreign entity with the intent to influence a 

decision of such officer or employee. 18 U.S.C. § 207(f). 

Additional Revolving Door Restrictions for Political Appointees (Ethics Pledge 

Signers, e.g., PAS, PA, Non-Career SES, and Schedule C appointees)

• Appointees Leaving Government to Lobby – For the remainder of the Biden 

Administration or for two years after leaving the Government (whichever is later),

no former appointee may: 

(1) lobby any “covered executive branch official” or non-career Senior Executive 

Service appointee. Within Treasury, “covered executive branch officials” 

means officials appointed by the President (whether or not confirmed by the 

Senate) and Schedule C employees. 2 U.S.C. § 1602(3). “Lobby” is defined 

by the Pledge to mean acting as a “registered lobbyist” as that term is defined

under the Lobbying Disclosure Act.

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or

(2) engage in any activity on behalf of a foreign government or foreign political 

party which, were it undertaken on January 21, 2021, would require the 

individual to register under the Foreign Agents Registration Act of 1938, as 

amended (FARA). EO 13989, §1(6). Activities on behalf of a foreign 

government or foreign political party that would require registration under 

FARA include engaging, either directly or indirectly, within the United States 

in political activities, public relations, fundraising, or representation before 

federal officials. 22 U.S.C. § 611 et seq. 

• One-Year Behind-the-Scenes Lobbying-Related Restriction for Senior

Employees – For one year following service in a senior position, no former 

employee may provide behind-the-scenes support that materially assists others in 

engaging in lobbying activities. EO 13989, §1(5). 

o “Materially assist” is defined by the Pledge to mean providing substantive 

assistance. EO 13989, §2(h). It does not include providing background or 

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Id.

7 EO 13989, §§2(e), (f). The term “lobbyist” means any individual who is employed or retained by a client 

for financial or other compensation for services that include more than one lobbying contact, other than an 

individual whose lobbying activities constitute less than 20 percent of the time engaged in the services 

provided by such individual to that client over a 3-month period. 2 U.S.C. § 1602(10).
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general education on a matter of law or policy based upon an individual's 

subject matter expertise, or any conduct or assistance permitted under 18 

U.S.C. § 207(j) (which includes acts done in carrying out official duties on

behalf of the United States or the District of Columbia or as an elected 

official of a State or local government).

o “Lobbying activities” is defined by the Pledge with reference to the 

Lobbying Disclosure Act’s definition of that term, EO 13989, §2(g), and

includes “lobbying contacts and efforts in support of such contacts, 

including preparation and planning activities, research and other 

background work that is intended, at the time it is performed, for use in 

contacts, and coordination with the lobbying activities of others.” 2 U.S.C. 

§ 1602.

Additional Restrictions for All Employees

• 18 U.S.C. § 209 – If you receive an offer of a signing bonus or similar 

compensation (other than salary) from your future non-Federal employer, arrange 

receipt of such compensation for after your termination from Federal service, to 

avoid any potential violation of 18 U.S.C. § 209, a criminal statute on 

supplementation of Government salary. 

• 18 U.S.C. § 203 – Certain post-employment restrictions are contained in this 

statute which may apply to employees who anticipate joining a partnership after 

leaving Government service. This statute makes it unlawful for a former Federal 

employee to receive, agree to receive, solicit, or share in any compensation earned 

for services rendered personally or by another before any Federal department or 

agency during the time that the former employee worked for the Government. 

If, for example, an employee leaves Treasury and accepts a partner position in a 

law firm which has regularly represented clients before Federal agencies, suitable 

arrangements must be made to ensure that the former employee does not receive 

any compensation attributable to such representation provided by the firm while 

he or she was a Federal employee. In order to avoid this particular prohibition, 

payment of a salary generally for at least one year, instead of a grant of a usual 

partnership compensation arrangement, to the employee is advisable.

• The “Procurement Integrity” Bar – For one year after taking certain actions or 

serving in particular capacities in relation to the award or the administration of 

Treasury contracts or contract amendments in excess of $10,000,000, former 

employees are barred from accepting compensation from the contractors 

concerned. 41 U.S.C. § 2104. Specific advice should be sought with regard to 

the application of this provision by those departing employees who have been 

involved in significant Treasury contracting activities. 
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• Attorneys – Government employees who are attorneys may be subject to 

additional restrictions under their applicable state bar rules.

• Treasury Circular No. 230, 31 C.F.R. § 10.25 – Additional restrictions may 

apply to former employees regarding matters before the Internal Revenue Service

if they worked on those IRS matters while Federal employees. An ethics official 

can provide a summary of these restrictions on request.

• Non-public/Confidential Information – Once you leave government, you may 

not disclose non-public information, including information that is exempt from 

disclosure by statute, Executive order, or regulation, that is designated as 

confidential by Treasury, and/or that has not actually been disseminated to the 

general public and is not authorized to be made available to the public. If you 

have any questions, please contact SecurityPrograms@treasury.gov.

11/7/2022