Post Government Employment

Post-Employment Restrictions

The following summarizes the criminal post-employment restrictions now in effect.

Post Government Employment Summary for USDA Employees (PDF, 271 KB)

For assistance in interpreting and applying the post-employment restrictions, you may refer to the Frequently Asked Questions.

Frequently Asked Questions on the PGE Rules – 2025 (PDF, 223 KB)

Contact the Department's ethics counselors using the "Ethics Advisor Locator" or call the Office of Ethics at (202) 720-2251.

RESTRICTIONS APPLICABLE ONLY TO SENIOR PERSONNEL (SP)

NOTE: The statutory threshold to determine which employees are subject to the one year “cooling off” restriction of 18 U.S.C. § 207(c)(1), and the one year restriction related to foreign entities, is provided at 18 U.S.C. § 207(c)(2)(A)(ii).  Effective January 1, 2025, the threshold is $195,231. Note this threshold amount changes periodically.  Consult the Office of Ethics for the current amount at the time you leave government service.

1. One Year Cooling Off Period for Senior Personnel (SPs). (18 USC §207(c))

Within 1 year of leaving a SP position with USDA (or a USDA agency), a former USDA SP may not represent another before USDA on a “particular matter” in which he or she seeks official action by USDA.  In other words, this means that you should stay out of discussions with USDA employees where you would be seeking their official action on a matter.

Example of violation: A former senior employee in the Natural Resources and Conservation Service (NRCS), left government service six months ago. She was hired to represent a western community in a water dispute and would like to discuss the issue with both the Bureau of Reclamation (Department of the Interior) and NRCS. She was not personally and substantially involved in the matter when she worked for USDA. However, because she was a senior employee when she left USDA, she may not make an appearance before NRCS, or any other USDA office or agency, until one year has passed from the date of her departure from USDA. However, she could appeal before the Bureau of Reclamation.

2. One-Year Restriction Relating to Foreign Entities. 18 U.S.C. §207(f)

You may not, within 1 year of leaving your SP position, knowingly represent the interests of the government of a foreign country or a foreign political party before any current employee of any department or agency of the of the United States with the intent to influence a decision of the employee in carrying out this or her official duties. You also may not aid or advise a foreign entity with the intent to influence a decision of any officer or employee of any department or agency of the United States in carrying out his/her official duties.  “Behind the scenes” work is also not permitted.

Example of violation: A Senior Federal employee retires and, within 1 year, contacts USAID in attempt to seek developmental assistance on behalf of a foreign government.

RESTRICTION APPLICABLE ONLY TO VERY SENIOR PERSONNEL

NOTE: “Very Senior Personnel” includes only the Secretary within the Department of Agriculture.

3. Two-Year “Cooling Off” Restriction for Very Senior Personnel. 18 U.S.C. § 207(d)

For 2 years after service in a "Very Senior" position the Secretary may not knowingly communicate with, or appear before, on behalf of another person, either any employee of the Department or any Executive Level employee in any agency of the Government with the intent to influence the action of the employee on any matter (see note, above)

RESTRICTION APPLICABLE ONLY TO SUPERVISORS

4. Two-Year Restriction Concerning Particular Matters Under Official Responsibility. 18 U.S.C. §207(a)(2)

You may not knowingly communicate with, or appear before, a current employee of the United States on behalf of any other person (except the United States), with the intent to influence the current employee in a particular matter involving one or more specific parties which you knew or should have known was under your official responsibility within a period of 1 year before the date of the termination of your Federal employment. For a violation to occur, the United States must be a party or have a direct and substantial interest in the particular matter.

Example of violation — A division director retires. At the time of his or her retirement, a loan application was being processed by a member of the division director's staff. Within 2 years, the former director contacts a current department employee with the intent to influence that employee's recommendation on the specific loan application.

RESTRICTION APPLICABLE TO ALL EMPLOYEES

5. Permanent Restriction on Representation on Particular Matters. 18 U.S.C. §207(a)(1)

After you leave Federal employment, you may not knowingly communicate with, or appear before, a current employee of the United States, on behalf of any other person (except the United States), with the intent to influence the current employee's actions in a specific matter in which you participated for the Government.

For a violation to occur, your participation as a Federal employee must have been: personal (for example, you personally gave advice or made a recommendation or decision); substantial (for example, your advice or recommendation was considered by the agency in making a decision or taking action); and at a time when the matter involved one or more specific parties. Also, at the time of your communication with, or appearance before, a current employee, the United States must either be a party to the matter or have a direct and substantial interest in the matter.

Example of violation — A Federal employee considers a grant application made by an outside party, then retires and represents the same claimant in a continuation of the same grant.

RESTRICTION APPLICABLE ONLY TO EMPLOYEES WHO WORKED ON TRADE OR TREATY NEGOTIATIONS

6. One-Year Restriction Relating to Ongoing Trade or Treaty Negotiations. 18 U.S.C. § 207(b)

If you participated personally and substantially in any ongoing trade or treaty negotiation on behalf of the government during the last year of your Federal service and you had access to non-public information (protected by the agency under the FOIA) on such negotiation, you may not knowingly “represent, aid, or advise” another before the U.S. government concerning the negotiation for one year after leaving Federal service. “Behind-the-scenes” work is also not permitted.

Example of violation – A former Department employee participated as in trade negotiations on behalf of the Department prior to her departure. The employee had access to information exempt by law from disclosure. Using that information, she advises a non-federal person about the strategy to follow in the ongoing trade negotiation.

EXCEPTIONS TO THE PROHIBITIONS LISTED ABOVE

7. Exceptions to the Prohibitions of 18 U.S.C. §207

• Performing official duties for the Federal government/District of Columbia, or as an elected State or local official (18 U.S.C. §207(j)(1));
• Representing, aiding, or advising an international organization with advance certification by the Secretary of State (18 U.S.C. §207(j)(3));
• *Engaging in communications solely to furnish scientific or technical knowledge under agency-approved procedures (18 U.S.C. §207(j)(5));
• Giving testimony under oath or making statements required to be made under penalty of perjury  (18 U.S.C. §207(j)(6));
• Employed by a recognized Indian tribe when communicating for the tribe (25 U.S.C. § 450i(j));
• **  Representing in carrying out official duties as an employee of, and made on behalf of an agency or instrumentality of a state or local government, an accredited degree-granting institution of higher learning, or an approved hospital or medical research organization (18 U.S.C. §207(j)(2)); or
• ** Making a statement based on the employee’s own special knowledge in the particular area and where no compensation is received (18 U.S.C. §207(j)(4)).

* Exception is available only for one year cooling off provision (18 USC §207(c)); permanent restriction on particular matters (18 U.S.C. §207(a)(1)); and two-year restriction concerning particular matters under official responsibility (18 U.S.C. §207(a)(2)).

** Exception is available only for the one year cooling off provision (18 USC §207(c)).

RESTRICTION APPLICABLE ONLY TO EMPLOYEES WHO WORKED ON PROCUREMENTS

8. Compensation Ban for Contracts Valued in excess of $10 million: 41 U.S.C. §2104

The one-year ban on contractor compensation will apply to employees who worked on a contract in excess of $10 million.  An employee may not accept compensation from that contractor within one year after the employee: (1) served as the procuring contracting officer, source selection authority or evaluation board member, or chief of a financial or technical evaluation team; (2) served as a program manager, deputy program manager, or administrative contracting officer; or (3) personally made certain decisions such as awarding a contract, subcontract, modification, task or delivery order, establishing overhead, issuing payment, or settling a claim.

Example of violation – A Federal employee who served as chief of the financial evaluation team on a $20M contract between USDA and XYZ Corp retires and, within six months of retiring from USDA and eight months after serving as chief of the financial evaluation team, accepts employment with XYZ Corp to serve as the liaison on the same contract between USDA and XYZ Corp.