USDOJ: JMD: Departmental Ethics Office: Post-Employment Restrictions

Seal of the United States Department of Justice displayed against a background image of the U.S. flag


Ethics	All DOJ

Gifts and Entertainment Gifts from Outside Sources Gifts of Entertainment Gifts Between Employees Gifts to the Department Gifts from Foreign Governments Travel Travel Accepted by the Department from Outside Sources Travel Paid by the Government Conflicts Financial Conflicts Personal Conflicts Financial Disclosure Public Financial Disclosure Confidential Financial Disclosure Outside Employment and Activities Representations Before the Government Supplementation of Government Salary Practice of Law PRO Bono Work Teaching, Speaking, and Writing Personal Use of Government Property Outside Employment Related to Work of Component Fundraising Outside Earned Income Purchase of Forfeited Property Misuse of Position Just Financial Obligations Political Activities Permitted and Prohibited Activities Political Recommendations for Career Positions Political Contributions by Federal Employees to Their Employer Procurement Integrity Procurement Integrity Act Procurement Integrity Outline Misuse of Position and Government Resources Use of Official Title Misuse of Position Personal Use of Government Property Use of Non-Public Information Use of Official Time Disclosing Procurement Information Letters of Recommendation on Official Stationery Leaving Government Seeking Employment Employee Contact by a Bidder Post-Employment Restrictions Payment by Contractor to Former Officials Regulations, Authorities & Reference Materials Sample Documents JMD FOIA Justice Management Division Home DOJ Home

Justice Management Division
Serving Justice - Securing Results

There are statutory prohibitions on a former government employee that generally prevent her from “switching sides” after leaving the government. The following are the main restrictions:

Lifetime Ban - An employee is prohibited from representing anyone else before the government on a particular matter involving specific parties in which she participated personally and substantially.

Two-Year Ban - An employee is prohibited for two years from representing another person on a particular matter involving specific parties which was pending under her responsibility during her last year of government service.

One-Year Ban - A senior employee includes Executive Level officials and any individual who is paid at a rate of basic pay equal to or greater than 86.5% of the rate for Level II of the Executive Schedule, which is $153,105 as of January, 2009. Therefore, SES officials whose pay is at least $153,105 and Senior Level or other employees whose basic pay is at least $153,105 are senior employees, and are covered by this additional one year restriction.

Certain components of the Department of Justice are considered separate for purposes of the one-year ban. An employee who works in a designated separate component is barred only from appearing before her own component. An employee not from a separate component is barred only from parts of the Department not designated as separate. An employee paid according to the Executive Schedule does not benefit from the separation of components. She is barred from representing before the whole Department. 5 C. F.R. § 2641

18 U.S.C. § 207 and 5 C.F.R. § 2637

There are restrictions on an employee receiving compensation, even after she leaves, based on anyone's representations before the Federal government that took place while she was still a government employee.

18 U.S.C. § 203

Also available is a chart summarizing the post-employment restrictions, a summary of the post employment provisions prepared by the Office of Government Ethics and a summary of the seeking employment and post employment provisions prepared by the Departmental Ethics Office.

Last Updated:
October 24, 2008


		Contact Us \| Accessibility \| A-Z Index \| Site Map \| Archive \| Privacy Policy \| Legal Policies and Disclaimers FOIA \| For DOJ Employees \| Other Government Resources \| Office of the Inspector General \| USA.gov \| No FEAR Act