BOP Program Statement 3420.14 § 18

The Office of Government Ethics has issued post-employment restrictions for federal employees

who leave federal service, as outlined in 18 U.S.C. § 207. There is a general restriction on the

representation of parties in matters related to their federal employment. This restriction is not

designed to bar an individual from accepting employment with any private or public employer

after their service at the Bureau but does prohibit certain acts that are detrimental to public

confidence in government. Any employee interested in seeking post-employment should contact

the Bureau’s Ethics Office for guidance prior to proceeding.

a. Lifetime Prohibition. Former Bureau employees are prohibited from representing another

party before the government on a particular matter involving specific parties in which they

participated personally and substantially while working for the government. This lifetime

prohibition does not apply to:

■ An appearance or communication involving purely social contacts.

■ A request for publicly available documents.

■ A request for purely factual information or the supplying of such information (18 U.S.C. §

207(a)(1)).

b. Two-Year Prohibition. After leaving the Bureau, a former employee is restricted from

acting as a representative on a particular matter for which the employee had official

responsibility, rather than personal participation. A two-year restriction applies if the former

employee knew, or reasonably should have known, that the matter was pending under their

official responsibility during their last year of government service (18 U.S.C. § 207(a)(2)).

c. One-Year Prohibition. Former senior-level employees who meet a certain compensation

threshold (please consult with the Ethics Office for the current threshold) are prohibited for one

year from representing any party before or making any communications with the intent to

influence to any government agency (18 U.S.C. § 207(c)).