Responsive Document - CREW: DOD: Regarding Ethics Opinions Database: 5/22/2013 - Pp1-60 Crew V DoD May 2013 Release

DEPARTMENT OF THE AIR FORCE
AlA FORce OFFiCE OF SCIENTIFIC RESEARCH (AFOSR)

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MEMORANDUM _
FROM: AFOSRlJA
875 North Randolph S1reel., Ste 325 Rm 3112
VA 22203
SUBJECT: Request fQt'3O-0.a.y Letter Applicable to All I;ederal ContactQr5
1. Th.is letter ispro"ide4 in tcYOUt reG'l:nt request fhr ail authoritative lnlorpretation ofthe
application of Section 423 of Title 41, United Statal Cod:e arid os required under Sectiotl847 Public Law
110-181, to yonrserviceas oft1clal l>fDOD, BrIefly, 4LUSC 423proh.ibit'l certain
fro.m COmpetll;Ution from 8.00ntracter for a period of year .iftboy sOlVed 111 certain l')ositions
or mlide certain decisions in connection'whh.a OOtltmct liwardedto 'tbll.t cdntiaetof.
2. Unaer this statute De&ignated .Agoney .8tltios OfficiaJs and their MVO .the tUithotity to
renderauthotitative Opiil;Ot1S' reearoing the 'applicability' (ttthe Starofetn ll1e aeeeptance ofcompellsatibn
from contractors. .BaSed on the tnfOtll1Mit)(l 1btIve rtlCe;ved from )'00, it is my opinion that the statute
wO\lldnot reliir[Qt )'OU trom. acceptlrtg from allY 'Q9'I1\plmy.
'3. Be aeMsed that employees bavulg dutios 1nvolv'ng a ootnp&llY' dlsqualtfied fi'Olh aillfucb
decision making. rel1dering tee,; m",lI.ing l'ecommepdatioQ8;. Itnd it1Q11itoringcontractOl'
betbre thoY' to omp.loyme.Qt 'With. that,09mp#ny.
4. This opinion only. restrictions' that n'l4)' app.ly UtIf;1e.r 41. U$C 42;l. Qtl\er
(e.g. Uf USC 1Q1) have ]a PlrtisgJlIl\!i, f.g!t"WrtWli!din
'om:SBJl"m,.I;eef 11I.est tta.t the J!9St:I0verJlIO.fll emplomen1 testtisti$';MtfTitlOJ.8. UAjted
JittUilQ) mal!;
iiiiimeJii t\if}Jlt,JiYiuauoligpDei e.hliell,ii.JilSik
ami of mu: k!lt m: !b9I It,$ J?ereltD!,g[tbt bu ram for- Eusutin 9hec'lJk LtXdIt"the Ant,;Uat
s.ifSin!!l II;"SYS!;an"") au. to y(),. I will address the 18 USC 207
pmvisions in 8 inemo.randum..
S. ,"lis letter is provided iu my capacity as cowl$clar ROO' is tberet'oreadvisory ol1ly in
with S C.F.R. 2635.,107 a.nd 4'1 U;S.C. 423 lntegribfAct). Ethics officials.8Qt on behatfof
the and n<lt as you, persona} representative, There is no IlttorneY"ClieJ1C. r.elationshJp cre4ra:d
'by the consultation. If you or any reoipient letter has qIJes.tioM. NlMTdii1g the mformati'lJi
dis.eu$$edRJ\(J the C011chision re.a.ehed, please contaet'tne adb)(6) I

rile Basic Research Manager of the Air Force ReSG8t'ch Labor.tory
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CREW v. DOD MAY2013 RELEASE 000001
WASHINGTON. DC
Offtce of the General Counsel
SAF/OCA
1740 Air Force Pen,&gon
Washington DC 203301740
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pentagon.af.mil
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This is in resJX>hse to your request for an ethics opinion regarding
employment restrictions as they relate to your oroposed employment with (b)(6) IYour last
POSition in government service I
!bX
6
) lin Ibis c:apaoity, )'OII(bX6) I
[b)(6) .
b) 6
You have received an offer of employment from Kb)(6) Ito perfonn a variety oftasks as
a consultant. Your proposed responsibilities include: providi anal is and advice to b)(6)
management on a ran e oftopics including but not limited to b)(6)
b)(6)
asked to give advice t on various contractual relationship issue resolutions (i.e., Swyear
vice onewyear contracts between b)(6) an.d the Air Force). Because you are still withlnto;j
one-year "cooling off" period. b)(6) fEr80il added in your statcrnent of work that. b (6
Kb)(6) lis not being asked to b)(6) to the USAF in any fashton, rather to provide
advice to I
The only law that would prevent you. as a fonner senior official. from accepting
compensation from any particular entity is the Procurement Integrity Act, 41 U.S.C. 423. The
Procurement Integrity Act prohibits a former ofa Federal agency from accepting
compensation from a contractor within a period of one year after such fonner official served in a
particular capacity or personally took one or more actions involving Federal Agency
procurement. The restrictions on employment are triggered by bolding certain
positions, or making certain decisions. on large acquisitions. This includes serving as the
Procuring Contracting Officer (PCO), Source Selection Authority (SSA), serving as a member of
the Source Selection Evaluation Board, serving as the chiefof a financial or technical evaluation
team, or serving as the Program Manager, Deputy Program Manager or Administrative
Contiacting Officer on a contract over S10 miJlion.
' .<
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The one.year compensation ban also applies to anyone who personally makes any oftho
following decisions: to awat'd a contract or a subcontrftct over $10 million, award a modification
of contract or subcontract over $10 million, award atask order or delivery order over $10
million. establish overhead or other rates applicable toa contract at' contracts that are valued over
$10 million, approve issuance of a contract payment or payments over $10 million. payor settle
a contract claim over SI 0 million. .
You indicate that you have not acted as a procurement official or worked on any
contracts exceeding $10,000,000; therefore the one-year ban under the Procurement Integrity Act
(41 ..U.S.C. 123) di not apply. As such, it is my conclusion that, ifoffered, you may accept ..
position with b)(6) and perfonn the proposed duties subject to Ute post-government
employment restrictiollS discussed below.
It is highly probable that you may contact Air Force officials in the course of your future
employment; therefore a review of the post-employment restrictions under 18 U.S,C. 207 is
appropriate.
Title 18 U.S.C. 207 is a criminal statute that restricts certain representational activities
of fonner Government officials. It prevents an individual who participated in
t
or was responsible
for, a particular matter while employed by the Government from later "switching sides" and
representing someone else in the same matter. It also provides additional restrictions for fonner
general officers and senior employees.
As a former Government employee. 18 U.S.C. 207(a)(1) prohibits you for life from
acting as Igent for, or otherwise representing, formally or infonnally. anyone except theUltited
States before any department, agency. or office of the United States in connection with W
Qarticl.dar matter involving specific parties in i$ a part).'.Ql' bas a direct
and substantial interest and in which YOll pAl'ticlldd tit.b w abttantlW for the
government during yow employment. Each of the latter underlined tems must apply to your
situation before this restriction is applied. "Partic;u1ar matter" includes any investigation.
application. request for Nling or determination. rule making, contract, controversy, claim,
charge, accusation, arrest or judicial or other proceeding. The particular matter must involve the
same specific party or parties at the time ofthe employee's participation.
You are abo barred for a period of CWo yean from the.date of retirement &om acting as
agent for, or otherwise representing, fonnally or informally. anyone except the United States
. before any department, agency, or office ofthe United States In connection with any particular
matter involving the aame apecific parties and in whic;h the government is a party or has a direct
and substanlial interest and which specific matter was pending under mur official remgOJibility
during the last year of such responsibility. lSD.S.C. 207(a)(2). "Official responsibility" is 1he
authority to approve or disapprove or othenvise direct government action. actUal scope of
your official responsibility is tY.J)tc:ally determined by those areas assigned by statute, regulation,
executive order or job description.
These prohibitions do not preclude you ftom giving behind the scenes assistance in
t-<ll\neetion. with another person's ttpttsentation to the but tbrmt1i,mployees .,-e
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prohibited from pet'Sonally communicating with a Federal employee on the same matter
themselves.
Because you were a senior OffICial, you are barred from making any communication or
appearance on behalfof a third party with the intent to influence any officer or employee of your
fonner agency, for one year from the date of your termination of service. 18 U.S.C. 207(c).
As a senior offICial, you are also barred for oee year from the date of your tettnination of
service from representing a foreign entity before any agency of the Federal government Of aiding
or advising a foreign entity in such representation. (18 U.S.C. 207(t. This restriction is not
limited to matters in which you panicipated personally and substantially or which were under
your official supervision. It includes any rnatters in which you might represent, advise or aid a
foreign government, govemment-controlled corporation or political entity. In our view, based on
the infonnation you provided regarding your statement of work, your proposed employment with
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b
)(6) lis not prohibited by this post-government rule. However, to avoid violating 18 USC
207(t), for one year from the date yotileft service in the Air Force, you should not c6mmWlicate
with foreign officials regarding matters that potentially involve decisions or official action by the
United States.
Because we cannot anticipate every situation that may arise relative to your proposed
my comments have been addressed to, and are contingent upon, the information
you provided. Additionally, you bear the responsibility of ensuring that your post-Government
employment activities comply with the statutory provisions described above. Wetherefore
recommend that you consult with legal counsel in the event that any situation IUises in the future
that could place you in conflict with the law relating to your status as a fonner senior
Government employee.
I hope this information is helpful to you. If you have additional questions regarding your
J:)ost-govenunent service, please contact me at . I or by email at
KbX
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b)(6)
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WASHINGTON, DC
Office of the General Counsel
March 26, 2009
SAF/GCA
1740 Air Force Pentagon
Washington, DC 1740
b
r)(6)
Deart_
b
)_(6_)__
The following is an ethics opinion regarding post-government ero.ployrnent restrictions as
they relate to your proposed employment as aKb)(6) . I.
We understand that you resigned your position as a member ofthe K:::..1
b
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effective b) 6 In your last goV'emment position you .L-..,.....,
b)(6) Your duties included providing advice to )(6)
b)(6)
You indicate that in the past two years you have served as a member of the Source Selection
Boards on the following procurements, trigger application ot' the Procurement Integrity At-t
(41 U.S.C. 423):
1-:-7
b
)=(6""")-------------------,
The Procurement Integrity Act prohibits anyone who has served as a member of a source
selection evaluation board. on a contract worth more than $10M, from receiving compensation from
the contractor for one year after the date of the procurement, unless it is from a divi sion or affiliate of
the contractor that does not produce the same or similar products or services as the entity ofthe
contractor I"sponsible for the contract at issue.
You have not reported involvement in any procurement that involves I
Therefore. in our opinion, in relation to your position with Bearing Point, you are not subject to
the one-year compensation ban under the Procurement Integrity Act and there is no legal
objection to your proposed employment.
In addition, because you may contact Air Force and Department ofDefense officials in the
course ofyout new employment, a review of the post-employment restrictions \lnder t 8 U.S.C. 207
is appropriate.
Principally, as a font,ler senior official, you are barred from making any communication or
appearance on behalfofa third party with intent to influence any Air Force otficer or employee, (or
one year from the date ofyour termination of service. ([8 U.S.C. 207(c). For the purposes oftnis
section, in addition toKb)(!U Jyour own business (corporation or partnership) is It third party.
'.' );....
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Further, this statute prohibits you for life from acting as agent, or otherwise representing,
fonnally or infonnaUyanyone except the United States before any department, agency or office of
the United States in connection with any Particular matter involvingpecific porties in which the
United States is a party or has a ditect and substantial interest and in which you participated
12t:[sonaHy and sUl'!S!AmiAl!Y for the government while you were on active dUty. (t 8U.S.C.
207(a)(I) Please note that each ofthe Wlderlined terms must applyto your situation before this
restriction applies to you.
You are also barred for a perlodottwo years, from the date oftermination, from acting as
agent for, or otherwise representing ronnaH)' or infonnally, anyone except the United States befOre
any department, ageney or office ofthe United States inconnection with any a : t t ~ mitter
involving the same spegific parties and in which the government is a party or has a direct and
substantial interest and which specific matter was pending under your official respQnJibility during
the last year of such responsibility. (18 U.S.C. 207(a)(2. Finally. you are barred for one year
from representing, aiding or advising My other person in allY on-going trad,e or treaty negotiation in
which, during the last year ofactive duty sendee, you participated personally and substantially. (18
U.S.C. 207 (b.
Beeause we cannot anticipate every situation that may arise relative to your proposed
employment, my comments have been addressed to, and are <:ontingent upon, the infonnation you
provided. In addition, you bear the responsibility of ensuring that your post-Government
employment activities comply with the statutory provisions described above. We therefore
,recommend that you consult with legal counsel in tbe event tbat any situation arises in the future that
could place you in conflict with the law relating to your status as a fonner officer.
Good luck with your future endeavors. and please do not hesitate to contact us ifyou have
any further questions or conceros.
Sincerely,
b)(6)
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DEPARTMENT OF "rHE AIR FORCE
WASHINGTON, DC
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Oft!CB of the General Coun"1
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October 30. 2009
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SAFJOCA
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I Washington, DC 20330-1740
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b
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r)(6)
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You indicate that in the two years prior to your resignation you have serVed as Source
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I Selection Authority, or made decisions on a number of procurements. a Iillt of which is at
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Attachment (I), which trigger application of the Procurement Integrity Act (4 t U.S.C. 423).
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The Procurement Integrity Act prohibits anyone who has served all a member of a source
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selection evaluation board, on a contract worth more than $lOM. from receiving compensation
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I from the contractor fer one year after the date ofthe procurement, unless it is from a division or
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affiliate of the contractor that does not produce the same or similar products or services as the
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entity of the contractor responsible for the contract at issue. You are prohibited from accepting I
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compensation from any entity on the list for a year after the signature date on that item. I
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I You have not reported involvement il anYfrocurement that involves b ) ( 6 ) ITherefore, in
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our opinion, in relation to your position with b)(6 you are not subject to the one-year
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compensation ban under the Procurement Integrity Act and there is no legal objection to your
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proposed assigninent I
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However. because you may contact Air Force and Department of Defense officials in the
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I course of your assignment, a review ofthe post-employment restrictions under 18 U.S.C. 207 is
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appropriate.
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Principally, as a former senior official, you are barred from making any communication
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or appearance with intent to influence any Air Force officer or employee for one year from the I
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date of your tennination ofservice. (I8 U.S.C. 207(c). This restriction applies to your own
business, if incorporated.
Further, this statute prohibits you for life from acting as agent or otherwise representing.
formally or Informally, anyone except the United States before any department, agency or office
of the United States in connection with iIDY particular matter involving specifiQ parties in which
the United States is a party or has a direct and substantial interest and in which you participated
peronaUy and substantiAUy for the government while you were on active duty. (18 U.S.C.
207(a)(1) Please note that each of the underlined tenns must apply to your situation before this
restriction applies to you. This restriction includes, but is not limited to all contracts listed in
Attachment (1).
You are also barred for a period of two years from the date of tennination from acting
as agent for. or otherwise representing, fonnallyor infonnaily, anyone ex.cept the United States
before any department, agency or office ofthe United States in connection with any l2IrticulAl:
matter involving the Same specific parties and in which the government is a party or has a direct
and substantial interest and which specific matter was pending under vour official responsibility
during the last year ofsuch responsibility. (18 U.S.c. 207(a)(2. Further, you are barred for
one year from representing, aiding or advising any other person in any on.goingtrade or treaty
negotiation in which. during the last year of active duty service you participated personally and
substantially. (18 U.S.C. 207 (b).
employment, my comments have been addressed to, and are contingent upon, the information
you provided. In addition. you bear the responsibility ofensuring that your post-Government
recommend that you consult with legal counsel in the event that any situation arises in the future
that could place you in conflict with the law relating to your status as a fonner goverrunent
employee.
Congratulations on your new position. and please do not hesitate to contact us if you have
further questions.
Sincerely,
bXll)
.:.:.;""" ~ ~ , - - "", ... ... t ill'... _
WASHINGTON. DC
Off'GII of the General Counsel
November 27, 2009
SAF/GCA
Washington, DC 203301740
r)(6)
You indicate that in the two years priot to your resignation you have served as Source
Selection Authority, or made decisions on a number of procurements which trigger application of
the Procurement Integrity Act (41 U.S.C. 423)t a list is at Attachment (1).
The Procurement Integrity Act prohibits anyone who has served as a member ofa source
selection evaluationboQrd, on a contract worth more than SIOM. from receiving compensation
from the contractor for one year after the date ofthe procurement, unless it is from a division or
affiliate of the contractor that does not produce the same or similar products or services as the
entity of the contractor responsible for the contract at issue. You are prohibited from accepting
compensation from any entity on the list for a year after the signature date on that item.
You have not reported involvement in any procurement that I
Therefore, in our opinion. in relation to your position withKb)(6) Iyou are not subject to the
one-year compensation ban under the Procurement Integrity Act and there is no legal objection
to your proposed assignment.
However, because you may contact Air Force and Department of Defense officials in the
course of your assignment. a review of the post-employment restrictions under 18 U.S.C. 207 is
appropriate.
Principally. as a former senior offiCial, you are barred from making any communication
or appearance with intent to influence any Air Force officer or employee for one year from the
2
date of your tenninadon of service. (l8 U.S.C. 207(c). This restriction applies to your own
business, if incorporated.
Further, this statute prohibits you for life from acting as agent or otherwise representing,
fonnally or infonnally, anyone except the United States before any department, agency or office
of the United States in connection with any particular matter involving specific parties in which
the United States isa party or has a direct and substantial interest and in which you partiipated
p&rsonallyand substantiallJ! for the government while you were on active duty. (18U.S.C.
207(a)(1) Please note that each of the underlined tenns must apply to yOur situation before this
applies to you. This restriction includes, but is not limited to all contracts listed in
Attachment (I ).
You are also barred for a period of two years from the date oftennination from acting
as agent for, or otherwise representing, formally or infonnally, anyone except the United States
before any department, agency or office of the United States in connection with any particular
involving the same specific parties and in which the government is a party or has a direct
and substantial interest and which specific matter was pending Yn49l..YQur official rCponsfbiIitI
during the last year of such responsibility. (18 U.S.C. 207(a)(2). Further, you are barred for
one year from representing, aiding or advising any. other person in any trade or treaty
negotiation in which, during the last year of active duty service you participated personally and
substantially. (18 U.S.C. 207 (b.
employment, m)' comments have been addressed to, and are contingent upon, the information
you provided. In addition, you bear the responsibiJity ofensuring that your post-Govemment
that could place you in conflict with the law relating to your status as a former government
employee.
Congratulations on your new position, and please do not hesitate to contact us if you have
further questions.
Sincerely,
b)(6)
b)(6)
current term under the Inter ovcmmental Personnel Act
. WASHlNBTON, DC
OffIce of the General CounMt
SAF/OCA
t 740 Air Force Pentagon
AUG 06 am
Washington, DC 20330-1740

. This is in response to )'our request for M ethics opinion regarding post-government
emplo ment restrictions in relation to your proposed employment lIS a Kb)(6)
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You cwrentl serve as the b)(6)
You indicate that in the past two years you have not held any positions or made any
decisions that trigger application of the Procurement Integrity Act (4t U.S.C. 423), and that you
have nOl had any official dealings with ITherefore, in our you are not subject to
the 'one-year compensation ban under the Procurement Integrity Act and there is no legal
objection to your proposed employment I
However. because you may contact Air Foree and Department of Defense officials in the
course of your new employment, a review ofthe post-employment restrictions under 18 U.S.C.
207 is appropriate.
Principally. as a fonner senior official, you are barred from making any communication
or appearance with intent to influence any Air Force otrlCer or employee lor year from the
dateofyourtenninationofservice. (18 U.S.C. 207(c.
this statute prohibits you for life from actina as agent or otherwise representing,
fomall)' or infonnally, anyone except the United States before any department, asency orotllce
ofthe United States in connection with any particular matter involving s,pecitlc parties in which
1he United States is a party or has a direct and substantial interest and in which you.gartlcipated
and substantiaU)' for the government while you were on active duty. (18 U.S.C.
t207(a)(1 Please note that each of the underlined terms must apply to your situation before this
2
You are also barred for a period of two yean from the date of termination from acting
as agent for, or otherwise representing, formally or informally, anyone except the United States
before any department, agency or office ofthe United States in connection with any pAl1igyJor
nw:te: involving the mme Jpecim; Rartiel and in which the government is a paily or has a direct
and substantial and which specific matter was pending !.Il!der yoW
during the tast year ofsuch responsibility. (IS U.S.C. 207(a)(2. Further. you are barred for
one year from representing, aiding or advising any other person in anyon-going trade or treaty
negotiation in which, d)ll'ing the Jast year of active duty service you participated personally and
substantially. (18 U.S.C. 207 (b).
employment, my commentshave been addressed. to. and are contingent upon, the infonnation
you provided. In addition, you bear the responsibility ofensuring that your
that eculd ptaee you in" conflict with the law relating to your status as a former officer.
Good luck witn your future endeavors, and please do not hesitate to contact us ifyou
have further questions.
.. ,., ..,.....
...
b)(6)
A.t.,-=-! lO-O
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: DEPARTMENT OF THE AIR FORCE
OKLAHOMA CITY AIR LOGISTICS CENTER (AFMC) 1
i TINKER AIR FORCE BASE OKLAHOMA j
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MSMORAND )(6)
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FROM: \
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lhion ra Post;.:G Err'!' '1' ent-.Boehl
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1., This letter is 'in responseto your rGquest datedL..b_)(---,6).,.,..,....,.=
etl'fs o' .'nion .. cardin . our .otenttal future em I . meil! with b)(6)
b)(6) .'ou e.xpect ttl bedin your errilptoyment
on or about b)(6) You .will ratite on Iand plan to begin tEfhilinar .
leeve on b)(6) 1. ' '.' . I
UNo,'B'Tljg P'BOCUREMi.NT INl'E@RtTY ACT , 4231
2., Tjfle 41 U.S.C. 4*3 prcivldesthatformedederal agenc)"emptoye.es, maY,;1Ot accept
frO'm a wJthina period.. of one year after suCh former
, 8 .. Served, .at the tbe of SEtIeetl()nof'the,contrsQtOf or the'''awa:rd Of act to tha:t
contraclol:. as the officer. the,s0u.ree,selectiona,l,ttllority, a member
evaluation o.r-:the."chief of.a or
team in a t0u.remerit In which that a"jtarq ofa
_nager, tKirnmll
e<jntraetiilg officer for tconlr8<2ln --m.$1.0,000,000 1P that oo1l1'i101\>(; or
, c. 10r the federai a'gency, I
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. (1) A decisIon to a,contract
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SUbcontract, modification of a pr
stlbcbntract, or ataskbrdar or deflve.ry'order in excess of $10.000,ODO to that!
cQnttactor' : ! .
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: (2) A io E;\Stablish overt)ead or other rat.s to a oontract or
contract$'for that contractor that are valued'fn excess o.f.$.10,aO.o,ooo; j
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! (3) A'decision i$Suance of a contract payment or in
of' $1.0,000,000 to thati.eontrac.tor; or ' . j.
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" (4) Adeclsio,n payor$t;lttJe a claim In excess, of$,10,OOQ,O()O With
aot'ltractor. i l
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of ,Act que-Yltae B!n t;9; YOl!r '1IU,dOn
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You reportthat diJrihg the fast year of .go\emment $$rvloe you served in of the
seven positions thatwcilu.ld. result in the 1,;yearcompensation:ban. The information
provided in paragraph statasthat. you prov!9ed ".acoordinating
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njture on'the fundilig documents" for a contraot award
b)(6) ThIs' aetiOt"l alone,! as described by you, does not
seven positions thatwuld make.,yousubJect to the1-year compens8ti'on bart
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You re: .orHhat from b)(6) , yC;:JU : I
b)(6) Your rima' duties being,
b6 and themaj4.rtty of the'
b)(6) V-oufurther'state ther during the
"psetesr b)(6 . lJtllilil10
b)(6) but rWne of I
these"contrsr:ts The contract is a ten year"s,o $SOu"ce. Fleet
Support Contraot wl'th tpat e)Cplres, o.n I' Although the
indiyid.ual ta,skldeJiver.y; orders werenat-over the $10,000,000 limit, colilraQt
amount-is over $10;OOP;000 then th$1..year comperi$lttl'drl'bsn wouldal'p,ly. J 1
bah, in this case:, 'beginiftb.. run at the time the __
order was made your command. whlqh'ln lhts qase,,Wotlld, be no
Kb)(6) Iyour l?Jst in thts position. The 1.;year pertod would therefore. run tr+m --
whatever date prior t0l't0ur leaving. this' posItion in whioh the la$t tMk/dellV'ert
i
1 i I

'YQl.I: also'$tate in a,a
l
ra h 3th$t on b)(6) ..OU b)(6)
b)(6) a oontract t,Jnd.erthe
The wa.s for
-si-x-m-o-n-th-b-a-s-ic-o-o-n-tra-c-t---'v-a-Iu-e-o--:-o-'f l'amHour one
yearoptloM. Althougirthis,does qualifya:$ one ofthf! 8,cts'reJultlngh, a 1,,-"!-v-;;e;?ar'--- _
ban, ttl,_ 1.. :c.ompensatlon exolusion period expired on I
One year1rbm opntractaw-ard. .!
- I . . c:-::-,,;r
i
_
on the,abov$ information pro,vided by Yt>u, in.your letter dated I
In any of the .. t1nt:o.fthi
in th, past 12 Month$ that wouldtlu:b'eet outothe ban,
4t U.S.C. 423, with,espectfo b)(6) YOlirnay stm
'oh.. ban' (11 regardsta b)(6) cPhcjut'les that
41 U,.S.C-': . 42.3 wool .not restrict your ability to $mploym:el1t or cOrt'l'p:et\satlon
from b 6),(b b)(6) atid dependant upon the 'fects you may 80$'l't
employment with Kb)(6) la1fer1he el(plt;itIQn .. ...yearcomp$nsattGn ba, ,based
up.Qnthe date of 'the I$'st 'tti'sk/delivery order that was' made under youcpm .mand.
I \
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I
j
j
l
3
,
!
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{tLiSla'St;rIO,N.S YNQI.Bl:t!S iJfETJME :tWo-YSAR R.EPJjglstiTAffON
BANI (18 UwS,C. 1
" l :
the Lifetime
I
, J
? The,lifetime &,etfotth at 1,$ lJ:5;C;
Executive Branch offiC$r or employee who has, In his or her officiaf.Qspacllyf ;
partie;pated s p.arti.cular i:n*rudfog
'contract, which involvejd a sp.eclfic:panV'O'rpartles aUhe.:'til"O$ of may
not. st. any time k(l'OWI"jiy rt\ake any or \1ppeal'$nce'before
a.ny officer or empfoya"of'the'United State$ Government with the 'int&nHo
such or ;CtmneCtion wIth ,Such .cgntrttofor
particular rnatterl.on arty person otharlhanthe United State.s Goveipment,
l I
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6. For purposes of statute "partiCipate"means' to take aotlon through
approval; advice,. other .such To'
means :and Includes tha partIcipatIon. of'a SI.Ibordfnatev.tten
. actually directed hy thEf"fonn6f Government employee. Participation' l$
when it is of sij;Jnificance to the matter, or forms a baals for a reasc)r)abfe
significanoe. It reqoIre.s more: than' official responsibility. knowledg9. on
an'.administrative or While a series' of may not
be:substa:otial, the sin$le act of approving orpartialpatlng in'8 critIcal step be
substahtial. J :
j
7. A ,:particular IndUdes any Investlg.2ltion, appllpation,. CO.htracr; claJrh, etc.
Such a matter typically involves a spe,c.iflC proceeding .affeet;ng rfs.hts:oHhe
p's;rties ()r an isolatable ttal"saoflbn or related set of:1ransactions' b.etween idehtift.bl$
The nfetime: b$n $pplle', Wrl'e,fe the fn a
'on Governmentandthen. swltohes sid$S and q.al(u. a
'prohlbited communicalior-'for ,ap'peara'Ace: concernin,, particlJlar on
be;half 'a corttractor.! Whethf,;)l" a/matter has1changed with the ,pasSage of tifne:
ft ts no' longer tbesambp.artiwJannatterean J)ea ql,lestiqn." F.e,etors!to'Qona/ck;l.r
io ih'isregardare partioular
or:related.partles
l
the..lSame balte.facts, the,same conftdentlal mformetlim, 'and ,the
co:nttt\uing eXIstence 4f.",n I
. 1. !
S,. Thepartlcular a ilspeoiffe patty or
as.f! emplOyee. Rulemaklng,j theformulatl.c;m
policy. standards or otpjeotives. or othf>t actiOn of.genar$1 appU'cation .dOSs nt1>t involve a
. 'spe:cifie 'party tlr j:Yartie,s; time. at whiCh partie'S are, identified ''to a. matter may be
critical. At the latestr party is. ident!f.led !oa when ,. fs .
received. PflrtiE:)S may be Iantlfled earherby attendanoeat'8
or byresppi1dinQ to -a request for .an expression. of interest. If (if.\' party-was
Id:entified a partic:uJI..,,,. metter 4tth<le t!.me the for,rne-r Gi'npIOyee' pATtieipated '" the:
m!lltter on behalfofih. Government) the: stwte will apply.to the .. ofth$t
or anyothel' party. The partY be'ing re.pte$et1ted need not' have been to<1he
matter at thr 1.1'\ 1h'ie m,.per,
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!
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9. A,ieommun'!oation" lean be made oral'S', in wrltJng', or through tr,einsmlssion,
a'fOm1,e.r emplcy.ests'mere, physical pr&$enee at a meeting or
proceedlng when the qlroumstances' make hie'i\1t$hdanc. is interid.ftd to:
lnffuen'C8 the Governnient. The re(j,uirement for communi'cation to the Gove.rnmeht
does not prevent a fOrmer employee from providing inhou$e, ,behind the'seehe.
c()ncemingia matter,on which the former, emplQyee partiCipated
'and'substantially, : . j
10, An to may be found IUhe'communicatlon, or,appearaneb is made
for the purpose of a dis:ctetiortaryGovsrnment ruling I ben$fit; 8PPl"gV,ar. or Qther
action, or is purpose of lnftuenclngthe. (;overnmantJn' tonnectlqnwltha
matter which the ftlnner knoWs inv9lvas- dl,pvte,
conc.erning the 'partlco\a,r GavernmenfaClJon,to, be Accordingly, the p'r!ohibition
dO.'not, apply t,o an Of a
r.equast for publlclyav.lIabie doouments, or a reqt,Jest for fjure'ly faetU$J lnformationQr
the supplying of sum iMformation. ' - J
1
ApaUcabmno ,pfth- llfetim- fUlprepntation ,an to 3ltul@on ,
! I
11; As discussed :the lifetIme ban' applies 'io' particular matters in
,whih you and,$ul)$18ntiany, In )taur . ,
Kb)(6) Iyou provide InformatIon thatwOlJld connate the:appUeabUity Of thelfetirne-,ban-to
,. o'u. 'The cQ'ntrad b)(6) whereit,i as thetb)(6) , \
b)(6) is l,parueiJlarnifi 'rthat,yQu'd1d' a'nd $ubsi:aflt1$1I:t
1rt
"
an s t erefore to the Iffetime rapresentatlon:ban. ;
f , f
You b)(6) the b)(6)
was , , the Pc8sf, r t b 6) of
conttsdting aetklns As b)(6) 'You Itk$ly
partlclpated personaU)'j and subs1anttalty in For any ofJhe
cohtrs'cts' that you did participate, personalty and 9ulmta1'ltiatly1 you Bre tofhe
representattcmiban'for thEMe partioJ,Jla.r- actions. I
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Yau provide no of a,ny' particular-matters that. you personally and, !
substantially In Ilf you did
involVIngkb) 6) Ithe lifetime representation bart would :app:ly to :Y,U'fOf -thos:e,
partioular matters', I I
i i .
1Z, The lffetline, repre$en-tatfon ban ptohibifaYQ'u from ,rep,.se,lltlng
on those matlersin.wh,lch.you
saIY$tal1tia,IJy; Notwllh,tandfng, the'above.. :tO' extent..You did
recommend. approve, ,8 matter" .you
and -$ub..t8nt..fJy, the j\1i$time representa,tion ,:you'
mi;Jtt8($, 'sndWou\tS pr..bhlbit:;you fTomrepresentlflg that,company, or non..
'F$deratparty" baokto!the'Government on thQGe 1
1
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!... " . .'
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The Itfetimer.epreserttalion ban, unJikethe 1-year compensation ban, affects all.
contracts,not jUst contracts tn excess of ten..rnitli:oo, In you pers9naUy and
substantlaUy There may be little or no dollar value attached tattle
particular matter. For purposes. of 'representation ban, your partfe.ipati<m
w-ould ''l<>t Qe personal and sub$j.tanttal t() the you mere'ly SJJpervtsed
the award and ofthe contract&.acc.omplished by'ycuJr subordi"l1ates unless
yol,1 aotualfy actiQh, . 1 .
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The Tytg8ear Begrt1tsu:tktlqn B,n ;
. . ! " t
14. The' seffbrthat -18 U.S.C. 2.07'(!}(2')
simflar "to those created PV the lifetime repreS81iti:1tion bah (1 B U.$.C.
on an Branch offioe.r or employee'who has. a Govemm"nt eontr.a.Qt
or o.ther particular ma.itr pt:ndlng under hi$ 9' her respo'nsibltity o'urlrig
the one-year period b$fore the termination df hrs or her Government service:' which
:inVDlved a"specifio' paw or at the.time It was A(!) pending. ThesE! restrlotionEi last
for !We years' from termination' Of Government 'servlc$, I
. i :
'15, as the direct admlnistratlve or operatLhh authority,
whether'intermediate 9r final. 'and either exe.rclsable alone or with arid either
p.ersonatly or to epprovEl., or
Govetnment adtlotl. commander-would generally have-officlal i
contracts- and other particular matters pendl:nQ, lntthat gtotJp
{except matters. at tenant.
under-conslderatlonlr1 an. agency are un. reaponsfbilltYofthe
h$.ad. '.l11nd each is ung!!" that of'artY intel'tne:diate .. respon'SiGUityfor ,n
eri'lplo:yee who aetuany. partleipate.s in fhe matterwitt\in the sc,opc;l'of hi. ot"h,-r dl,ltie$.
'1f.ljptually. pendfOg" n'u_os thai the "tatter was'in 'fact re'erred to' or tinder
bY. persons withltl the 'area of it have
ml1liter," party or o;<mmunieatiOn;" "app$aranoe/
and i'intent tolnflueno$" are, defi:ned:and ap.plied In' the same manner for the
reprt)Senlaflon ban asLth$Y afe fo(:the lifetime rep.... ().41"O,
ab'OVQ). A..fbtfTler employee is.not subject to therestrlCllon, however, .unless at the time
ofithf! of another know's. 6; rea$.()tlabIY $h'quld the
had ooen hl$ offioial resp(msibWty .durh'fg nis of Govel!nmen1 .
serVIce. However; been. asked to represent amatter. ordina.r.ily yo1.J will
aware; of fa$ to the..Air
Fo'rce.. If that you have a dutY to make flJrthermqUJry; including:
iNlththe. de'slgnated ethicS offiCial where the' matter is in doubt. 5 .
2a37.202(b)(4)}. i . !
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allUSIWIW 9' tb! hwVr:BtDrtHDtattOD BtnSOY2U[!.!tug,ttpt1 I
16. A'S discussed the twoyear b$o. partlcu(armatters
th'at were p.endln.g .your, officia.l r_ponaiblUlydurli1g the last"yeat .cf'your
. ;
1
a
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Gt>vernment Whis WQyld include sU.ofthe'particuJar matters
t

I'rlpdifica.tiqru$, source selec.tfon,land so
forth. wh.ich were .worked on'by:the mititary end civilian :empkJyee. fur y..hom .yOU
we.' . ftrst..I$. elorhlgh!!!lr.....vel supervisor, or who was considered:tp be' In your
cha;Jn of command at' ,'ny period of time during the of'yoLirGovernment
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17. Aeootdingfy, matter irivQ1vi'.'l9 . ..t was
affic.lal res:ponsfbflity, inclLllding:those "doZi!MQf With
during the 'as. year of your Air Force service, wl1ich may not to the
lifetime representatlonrban, the1wo.;year representatiQn.ba:n would prQhibit you, for a
period' of'bwo e,ars the 'date of from representlng,Kb)(6) . I .
\. or b)(6) the Gove'mment any particUlar matter
discussed above or any other matter'regarding 'Cont'ract$. orders,
ass'ignments,m'odiflcatlQns sou' selections, and so forth, whrch were 'on9*iri9 with
[or b)(6) These' matters tor Ofilno dottar
unlt'ke doUaI'value thaHrfgge.rs the no oOl1tper}sationb'an
addressed in pats'grapl"$ 1:ttirough ;4 above,. pu need not know of the matt"r while
yo,llt'are emp10yed bvthe Government., only-tnat the matter was ,pertding
of.ficlal responsib!riU"fGttHe prohibition apply. thE)' two-year woUld
nclprQhlblt y<lU, Irilm," the. Air wo:rldhg'f'r e,ither
Kb)(6) .Idr b)(6) from Goverpment on'
any QthGorpa.rt1cuJat or om working':fOr' on any 'rtf_tiers.
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18. Be advised that 'Of the /lJr does not authority: Issue
aufh.orltatiVeopinlons on the restricttons contained in Title 1S'ofthe StatiJ$
as on the lifetime 'representation ban and the representa,tl?n.. '.
settiOns of Title 1aate Federal crlinlnal the rntell>retatloJ'1 of which faU, under the
jurisdiction of the Depaftment of Justice. AcG:ordlngly, yOLl should bEraW;!I!e .opinloAS:
we 'may render on'the application Of. sections of"Title 18 are not 'on the
Depa:rtment of Justice. : ' i
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19, The PQlnt Qf lor !hit Qpihi<>n Iskb)(6) 1
Ion,y rrman l@tlnK.er.at.mll..

WASMINOTON. DC
orne. or the General Counee'
SAPIOCA GCT 0 9 2D
Washington, DC 20330-1740
[b
X
6) I
Dear )-,-(6_)__
The following is an ethics opinion regarding post-government employment restrictions as
they relatj to your proposed employment as a consultant with ther
b
)(6) . I
Kb)(6) _
We understand that yOIl resigned yout position asa member ofthe Senior Executive Service
effective b)(6) In your last government position you served as the gb)(6)
b)(6) Your duties included
b)(6)
b) 6
Boards on the following procurements, which trigger application ofthe Procurement lntegrity Act
(41 _
[b)(6l
The Procurement Integrity Act prohibits anyone who has served as a member ofa source ,
selection evaluation board, on a contract worth more than SIOM, fioom receiving compensation from
the contractor for one year after the date ofthe procurement. unless itis from a division or affiliate of
the contractor that does not or or 119 the entity of the
contractor responsible for the contract at issue.
You have not reported involvement that )(6) ITherefore
t
In .
our opinion, in relation to your position are notsubjecho th.e one-year
compensation ban Wlder the Procurement Integrity Act and there is nolegal objection to your
proposed employment.
In addition, because you may contact Air Force and Depttrtment ofDefense officials in the
course ofyour new employment, a review ofthe post-employment restrictions under 18 U.S.C. 207
is appropriate. .
Principally, IS a fonner senior official, you are barred wom making afty communIcation or
appearance on behalf of a third 'party with intent to influence any Air Force officer or employee, fOr
one year from the datr ofYiur termination of service. (18 U.S.C. 207(c. For the purposes ofthis
section. in addition to b)(6) your own business (corporation or partnership) Is a third pany.
.. '".
:2
sponsoring us using you suggcst thatoould be helpful,1t Personally contacting any Air
Force officer or emptoyee for this purpose is prohibited under this section.
Further, this statute prohibits you ro,.lile from acting as agent, or otherwise representing.
fonnallyor infonnaJ1)1 anyone except the United States before any agency or office of
the United States in connection with anypartiou1sr-mor involving Qcifiy partiq in which the
United States is a party or has a and substantial interest and in which you QIIli<:ipatW
RmQlLilb' and tor the govemment while you were on active duty. (18 U.S.C.
207(aXl Please note that each ofthe underHnedterms must apply to your situation before this
. restriction applies to)'Ou.
You are also barred for a period of Cwo yean, from the date ofterminatioo, from acting as
agertt fur, or otherwise representing formally or infonnally, anyone except the United States before
any department, agency or office of the United States in connection with any RAJ1icvlar maW!r
involving the same sPeciDe partie and in which thc govemmentis a part)' or has a direct and
substantial interest and which specific matter was pending under yaYr officjal responllibilint. during
the last year ofsuch responsihility. (18 U.S.C. 207(aX2. Further, you are betted for one
from represendng, aiding or advising any other person in any on-80in8 trade or treaty negotiation in
which, during the last year of active duty service, you participated personally and sUbstantial.ly. (18
U.S.C. 207 (b.
Because we cannot anticipace every situation that may arise relative to your proposed
employment, my comments have been addressed to, and are contingent upon, the information you
proVided. In addition, you bear the responsibility of ensuring that your postGovemment
employment activities comply with the statutory provisions desoribed above. We therefore
recommend that you consult with legal counsel in the event that any situation arises in the future that
could place you in conflict with the law rclatingto your status as a formerotticer.
Good luck with your future endeavors, and ptease do not hesitate to contact us ifyoLl have
any t\lrther questions or concerns.
Sincerely.
b)(6)
.... :.... . ..
,--------------------------
DEPARTMENT OF THe AIR FORCE
WASHINGTON. DC
OllIe. of 1118 0....,.' Couflll8l
SAF/OCA
Washington, DC V\oT 0 9 20:73
t
b
)(6
J
Dear )--'-( 6..:-)__
The following is an erhlcs opinion post-govemmen! emnlo.vm.ent restrictions as
they relate to your proposed employment as a )(6) I with _
I
We understand that Y0l,l resigned. your positIon as a member ofthe Senior Executive Service
effective b)(6) In your last govemme . . b)(6)
b)(6) Your duties included )(6)
b)(6)
b)(6)
You indicate that in the past two years youhave served as a member ofthe Source Selection
Boards on the following procurements, which trigger application of the Procurement Integrity Act
(41 U.S.C. 423):
---=-----------------
The Proc\lrernent Integrity Act prohibits 8Jlyone who has served as a member of a source
selection evaluation board. on a worth more than $10M. from receiving compensation from
the contractor for one year after the date ofthe procurement, unless it is from adivision or affiliate of
th'ec'OnllMctor that produ(lC the umc or slmUar produgts the entity of the
contractor responsible for the cOntract at issue.
You ha\'c not reported involvement that Therefore, in
our opinion, in relation to your position you are not subject to the
compensfltion ban under the Procurement Integrily Act and there is no legat objection to yOUl'
proposed emplo)'ItJent,
In addition. because you may contact Air Force and Department of Defense offieials in the
course ofyour new employment
l
a review of restrictions under 18 U.S.C.207
is appropriate.
PrincipallyI as a fonner senior official. you are baited from making any communication or
appearance on behalfofa third party with intent to Influence any Air Force officer or employee, tor
one year from the dal, ofvrr tenninatio.n of service. (18 U.S.C. 207(0). For the purposes ofthi,
section. in addition to b)(6) your own business (corporation or partnership) is a third party.
Further. this statute prohibits you for life ,"om acting as agent, or othelWise representlna.
tonnally or infonnal/y anyone except the United States before any department, agency or ornce of
the United States in connection with an): particular maUG[ involving parties in which the
United States is a party or has a direct and substantial interest and in which ygu participateg
",sott.lI)' and subs.ta!ltiaUy for the government while you were on active duty. (18 U.s.C.
2(J7(a)( I Please note that each ofthe underlined terms. must apply to your situation before this
. You are also barred for 8 period of MO years, from the date oftennination, from acting as .
agent for. or otherwise representing formally or informally, anyone except the United States before
any department, agenc)' or office ofthe United States in connection with any Mrticu1ar rna.
involving the same and in whi<:h govemment is a part)' or has a direct and
substantial interest and which speciflc matter was pending under your official re$ponaibilin: during
the last year of responsjbJJity. (18 U.S.C. 207(a)(2. Further, you are balTed for GIle year
from representing. aiding or advising an)' other person in any on..going trade or treaty negotiation In
which, during the last year of active duty service, you participated personally and substantial,ly. (18
U.S.C. 201 (b.
BeClause we cannot anticipate every situation that may arise relative to)'Our proposed
employment, my comments have been addressed. to, and are contingent upon, the information you
proVided. In addition, you bear the responsibility of ensuring that your post-Oovernment
employment activities comply with the statutory provisions described above. We
rec:ommend that )'OU consult with tegal counsel in the event that any situation arises in the future that
could place you in conRict with the taw relating to your status as a fonner of1lcer.
Oood luck with your future endeavors_ and please do not hesitate to contact us ifyou have
any further questions or wncems.
bXO)
WASHINGTON. DC
OffIGe of the Cen.,.. Couneel
SAFIOCA
OCT 0' 2IDl
Washlnston, DC 20330-1740
[b)(6) I
Dear )(.:......:6) __
The following is an ethics opinion regarding post-government employment restrictions as
they relate to your proposed employment as a consultant with , I
Kb)(6) I
We understand that yOll resigned yout position as a member ofthe Senior Ex"utive Service
effective b)(6) In your last government position you served as the Kb)(6)
b)(6) Your duties included
b)(6)
b)(6
Boards on the following procurements, which trigger application ofthe Procurement Integrity Act
(41 U.S.C. 423):
[b)(6)
The Piwurcment Integrity prohibits anyone who has served as a member ofa source .
selection evaluation board, on a contract worth more than StOM, trom receiving compensation from
the QOntractor for one year after the date oftbe procurement, unless it is from a division or affiliate of
the contractor that does not simi\.., or as the entity of, the
contractor responsibJe for the contract at issue.
You have not reported. involvement that ITherefore, in.
our opinion, in relation to your position you are not subject to th.e one-year
compensation ban under the Procurement Integrity Act and there is no legal objection to your
proposed employment.
In addition, because you may contact Air Force and Depatrtment ofDefense officials in the
course ofyour new employment, a reviewofthe postemployment restrictions under J8 U.S.C. 207
is appropriate. .
Principally. as a fonner senior official, you are barred trom making any communication or
appearance on behalf of a third party With intent to influence any Air FOnic officer or employee. for
one year ftom the datr oryror tcnnination of service. (18 U.S.C. f 201(c. For the purposes ofthis
section, in addition to b)(6) your own business (corporation or partnership) is a third party..
2
Further, this statute prohibits you for life tom acting as agent. or otherwise representing,
fonnally or infonnally anyone except the United States before any department. 8gem:y or office of
the United States in cOl1nection wIth any RAdicular matter involving speejt1c partlo in which the
United States Is a party or has a direct and substantial inter'estand in which my R@[Ji,ipawi
and substantially for the government whUe you were on active duty. (18 U.S.C.
207(a)(l Please note that each of the underlined terms musfapply to your situation before this
You are afso barred for a period of two yean, from the date of termination, from acting as
agent for, or otherwise representing f4>nnaJly or infonnally, anyone except the United States before
any department. agency or office ofthe United States in connection with an)' particular lDItttr
involving the same spesific and in which the govemment is a party or has 8 direct and
substantial interest and which matter was pending under your official respQQifbiUJYduring
the last year ofsuch responsibility. (18 U.S.C. 201(8)(2. Further, you are barred for ODe year
from representing, aiding or advising any other person in any trade or tt'eatynegotiation in
which. during the last year ofactive duty service. you participated personall)' and substantially. (18
U.S.C. 207 (b.
employment. my comments have'been addtessed tO
I
and are contingent upon, the information you
provided. In addition, you bear the responsibilityo(ensuring that your post..Oovemment
recommend that you cQnsult with legal counsel in the event that any situation arises in the future that
could place )'ou in conflict with the law relating to )'our status as a fanner officer.
Good luck with ycmr future endeavors. and please do not hesitate to contact us if you have
any further questions or concerns.

WASHINGTON, DC
I
I
I
orrtce 0' the GeMtaI ..l
I
SAF/OCA
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Washington, DC 20330-J 140
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b
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r )(6) I
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Dcarr
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The followins is an ethics opinion reaarding
they relate to your proposed employmentas a 6) b)(6)
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We understand that you resigned your position asa member of -'---,
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effective b)(6) In your Jast government sition OU served as tbe )(6)
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b)(6)
b)(6) Your duties included b)(6)
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You indicate that in the past two years you have served .as a member of the Source Selection
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Boards on the following procurements, whkh trigger application ofthe Procurement Integrity Act
(41 U'S'C'1423).:
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b)(6)
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The Procurement Integrity Act prohibits ar1)'one who has sel\'cd as a member ofa source
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selection evaluation board, on a contract worth more than $1 OM, from receiving compensation from
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the for one "year after the date of the procurement. unless it is from a division or affiliate of
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the contractor that docs not produce the same or simHar products or services as the entity ofthe I
I contractor responsible for the contract at ilJUe.
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You have not reported involvement in any proc_
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Therefore, in OUl' opinion, in relation to your position with b)(6) you are not subject to
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the one-year compensation ban WIder the Procurement Integrity Act and there is no legal
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objection to your proposed employment.
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In addition, because you may contact Air Force and Department ofDofense officials in the
course ofyour newemproyment, a review ofthe post-employment restrictions under 18 U.S.C. 207 I
is appropriate,
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Principally, as a fonner senior official. )'Ou are barred from making any communication or
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appearance on behalfofa third party with intent to influence any Air Force officer or employee, for
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one year from the OfY011r of servlee. (18 U.S.C. 2.07(c. For tho purposes ofthis
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stetion, in addition tolb)(6) -.Jyour own businMll ('lOrporation or partner,blp)Is a third party;
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Furthe.r, this stmute prohibita-you for life from aetlng as .,ont, or otherwise fCprGsccntlnJ,
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fonnaJly or informally anyone except the United States before any department, agency or office of I
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the United States in connection with any MiS-gil[ matter inVOlving in whic:h the
United States is a party or has a direct and substantial interest and in which you palSi,iRAted
PCD!.QOalll! and UbllaQtia11x for the government while you were on active duty. (18 U.S.C.
207(a)(l Please note that each ofthe underlined tenns must apply to your situation before this
restriction applies to you. .
You are also barred. for a period of two yean. fiomthe date of termination, from acting as
agent for, or otherwise representingfonnally or informally, anyone except the United States before
-anydepanment, agency or office oftheUnited States in connection with any partigU'ar matkr
involVing the Hme sgeitic and in which thegovemment is a party or has a dim:t and
substantial interest and which specific matter was pending under your ofJicialqsp,gn,ibility dudng
the last year ofsuch responsibility. (18 U.S.C. 207(8)(2. Further, you are barred for one year
from representing, aiding or advising any other person in anyon-going trade or treat)' negotiation in
which, during the last year of active duty service
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you participated personally andsubstantiall)'. (18
U.S.C. 207 (j))).
Bec:flUse we cannot anticipate every situation that may arise relative to your proposed
employmeR4 my comments have been addressed to, and are contingent upon, the Informationyou
provided. In addition. you bear the rcsponsibUit)'of ensuring that your post-Oovemment
employment activities oompl)' with the statutory provisions described above. We therefore
recommend that you consult with legal counsel in the event that any situation arises in the future that
could place you in conflict with the law relating to your status as a fonner officer.
Good luck with your future endeavors,.and please do not hesitate to contact us ifyou have
any further ql,lestiolts or concerns.
Sincerely,

bXlll
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DEPARTMENT OP THE Am FORC,E
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, 100 Kindel Drive, Suite B-l20 .
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Arnold AFB. TN 37389-2120
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22 Oct 08
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MEMORANDUM
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FROM: ABDClJA I
SUBJECT: POST-OOVBRNMBNTBMPLOYMENT
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1. This memorandum is'provided mJeSPonse to'your rOquest for a legal opbrion with regard
ll1e appltcation of Tille 18, United States Code, 1207 (18 USC 1207) to' YOUl'employment with" ,
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IAU opinionS expressed In this memorandum ,
.. ,are based upon tbe infonnation in your request dated 16 September 2009 [sic). I
2. FINDINGS:
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Based on my review of your memoranduni and Che applicable law, I have determined there are
no restrictions on u may be employed by as a result of yODl government
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employment here at b)(6) There maybe. however. averynanowlimitation as to the
PlQr}; you can performfor b 6 based upon the'provisions <Jfi8 USC .207. Because of your '
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previous participation In b)(6) award fee decisionS and discussionSt you are likely prohibited
from fto the Govemment with regard to these same matters. . I
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3. FACTS:
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b)(6)
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intend tofill forKb)(61 is the job 'of b)(6)
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expected duties for the osition
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b)(6) Iso the govemment contracting offiCers responsible
for oversight and management ofthe b)(6 base operatingcontract.
b)(6) You will with Kb
b)(6)
4. LAW AND GUIDANCE:
The primary post-retirement restriction statute is 1S'U.S.C. 1.207. The pulpOSe behiDd the law is
simple:' ,
Wben aformer Government employee who has been involved with aparlicu1ar '
matter deddes to'act as the repre$entative for another perSon on that same matter,
the "switching ofsides" undennines the publio's confideilee in the 'fairness
pioceeding and creates tho ImpIeSSionthat personal influence)
gained by affilia.tions, is decisive. - .
18 U.S.C. 20? k a federal statute that eont8ins seven different post:-government
:reSbietiOM. Three restrictions apply only to senior employees (offlcers 07 or aboVe and sm
employees). one 'restriction applies to Members of CoJJ8ress,.and one applies only to tradt' or treaty
negotiators. However, .the otber two rcstrietiolts apply to all milituy officers and clvilitm.
employees in the Executive Brmch. These two restrictions are COJ;mJlODly'refened to.as1he
'lifetime rcprCscntation Jaw" (18 U.S.C. 207(aX1); and the representation law"(l8
U.S.C. 207(a)(2). . '
. 8. RoItrlctio;J (U.S.C. 207 (a)(l sets out a lifetime ban awust making, with the intent to
influence, any,comn'Wnicatioll or appeartJ7J,C6 befOre an employee' of the U.S. on behalfof any
other peJson in aparticultJr matter involving a speciftcparty in which the employee participated .
personally and substantially os an employee, and in which the Y.S. is aparty or has a direct and
subatantialinterest. ' .
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(1) This restriction applies to representations back to the government. It doeS riot apply
unless a former employee communicates to or makes an appearance before the Uriited States;
.includingany employee ofaJly department, agency, routt, or COtll'tS-II1artiaJ of the United States.
18 207(aX2). '
(2) The term ICpariicula,. tndtte1'" includes any investigation, applicatiaft) reque8t for ruling or
determination, rule making) contract,. controversy, claim, charge. accusation, alrest, ofjudicial or
othet proceedmg. 18 U.S.C. 207(i)(3). The'same particular matter may continue in another form
or in part. In determining whether two particular involving specific parties are the all
relevant factors should be coJISidered, including the extent to whicll the invQlvethe same
basic facts-. the same or related parties, related mIca, the same confidential information, and the
amount of time 5 CPR 2641.201(hXS)(i). In the case ofcontracts, grantsorotber
agreements, anewmatter typically does not arise simplybecause there are amendments,
modifications, or of a c::onltact (9r other agreement), unless there arc fundamental
changes inobjectives or the natUre ofthe matter. Acontract is almOst a single particular
matter involving specific parties. In makingthis dctermillation, an agency should consider the
relevant factors as SCribed above. No single factor should be determinative, ad any divisions
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. must be based on the contract's' characteristics, which may among other things, .
performance at different geographical locations, separato and distinct subject matters, th,e separate
negotiation or competition of individual task or orde'rs, and the involvement of di1t'etent
program offices or even different agencies. 5 CPR 2641.201(h)(5)(ii).
(3) The permanent restriction commences UPOJl an employee's termination from Goyel'Jlmbut
service and for the life of1bc matter that involved specific parties in which the
employee Rarticlpated pe.rsonal13,' and substantially. 'CPR 2641.201(c).
(4) Tbe particular matter must involve specqkpariiei'.bothat 'tbe:tune the individual
participated as a Government employee and at tbe time the former employee makes the
.communication or althoup the parties need not be identical at botb times. 5 en
2641201(h)(3), . '
(5) To "'participate" mellDs to take an aalon as an employee through decision, approval,
disapproval, recommendation" the renderillg of advice, investigation, or other suchaction, or to
plltposefu11y forbear in order to affeCt the.outcome'of a matter. .AIl employee does not participate
in a matter merely because he had kDowledge of its mtence or because it was pendingunder his
official responsibility. An employee does iot participate in a matter unless he does so in his
official capacity. 5 CPR 2641.21)1(1)(1).
(6) To pat:ticipate "personallyll.mcaJis to participate directly, either individl18l1y or in'
combination with otber persons; or through, direct aDd active supervision. of the participation of any .
person he supervises, including a subordinate. 5 CFR2641.201(i)(2). ,
(7) To participate "substantially" means that the employee', involvement is ofsignificance to
the matter. Participation may be substantial tventbougb it is not determinative of the outcome of a
partiClllar matter. However, it requires more than official !esponsibility, knOWledge, perfunctory
involvementj or involvement on an administrative or peripheral issue. A finding of substantiality
should be not only on the effort devoted to amatte.r, but also. (m the importance of the effort.
Provided that an employee participate' in 1;1le $Ubstantive merita of a matter, his parlicipation may
be substantial even though his role in the matter, or the aspect of the matter in which he is
participating, may be minor in to the matter as a whole. 5 CPR 2641.201(iX3).
(8) Note that each of the key elements (italicized wolds ahove}ntust be present before the
restriction applies. For exampZe, an employee ieJlot prohibited nom giving "behind-the scene'"
assistance in connection with another pemon's representation to the govemmon1;
employees are prohibited frompeISonally communicating'with aFeder;ll. employee on the sanm
matter themselves. The re.st1'iction also not apply to oommunicalions involvingpurely social
interaction, requests for publicly available documents, or requests for fadual infonnation.
b. 18 U.S.C. 1207(4)(2) aets 01lti v,ery similar ban, except that it is of shorter
duration (omy two years followingtlw employee's termination applies only to
those who bad oJflcf41 respoIISibility for a matter that"W88 actually pending during the employee's
last year of Government service. In other words, even though the etI;1ployee was not f'personally
and substantially" involved ina particular matter, ifthe matter fell withinhis or her official
responsibility during the last year of serv:ice, the employee is barred from. communications (With

the intent to influence) with any Government employee on the same issue. Again, every word in
, the statute is narrowly defined and applied; ,
(1) Official resptJMibllil'/' is the authoritY'to approve or disapprove. or otherwise direct '
government action. '18 U.S.C. 202(b).
(2) A Matter is "aclUally penl1in(' under an employee's official responsibilit.y ifit has been ,
referred to the employee fot assignment or bas been referred to or is under consideration by any
person he superviseS, inCluding a suboxdhiate. 5 CPR 2641.2<J2 0)(2). '
S. DISCUSSION:'
a. As explained,in patagraph'4b above, the two-year ban pursuant.to 18 1207(a)(2)
applies.only to those former who had "official fOI a matter actually .".
pending during their last of Oovermneu&service. Your provious employment atlb)(6)X1oes
not fall. within the purview ofthis ban because your responsibilities neve!' included the authority'
to aptlrow; disapprove or othelWise dkeet government action with regard to any aspect of the, ,
Kb )(6) IAlthough you proVided aW81'd feo inputs and participated in award , ,
discussions, you. never had the inherent llUthorlty of a cOntractb1gofficer or center commander to
make and negotiate the) tmal award fee decision. You m.erely Berved in an advisory type role,
which ultiinately, does n.ot rise,to the threshold required to meet the tfoffi.oial responsibilitY'
standard. Therefore, the ,o-vear bi pursri8nt to 18 U.S.c. 207(aX2) does not apply to your
potential witb b)(6) ..
b. The lifetime ban, 88 deScribed in paragraph4a above, prolu'bfts former u.s. government
employees from influencing government employees in rnatteIS they had pardcipated
"perso1y ana jstantially" in whUeemployedwith the U.S. govermnent. 'Among,your,many
duties at b)(6) the only matter"' you were privy to as a U.s. government employee,
which could now be subject to the lifetime ban. was your participation in award fee. input$ and .
award fee discussions. The award fees, as fonnal detem1inations made pursuant to the contract
betWeen V.S. government, can reasonably be considered a "particular in
wbich the government has a "diIect" financial interest in as per 5 CPR 2641.201. :Because you
plovided'direct advice and input to the center commander and contracting personnel with regard .
to these matters. it is apparent that yourpartieJpation was both and "substantial.
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ofthis the 18 U.S.C. 1207 (a)(l) ban likely prohibits your representation of
to the U.S. government Wlthregatd to these same matters in the,future. '
However, thJs ban or your ful;ure employment is de miDimus considering
the impr<)bability that these past award fee detefminat'ions will be protested, etc, or
yourassistanee. ' ,
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Co, Tbis ban should have practically 110 011 your )(6l considering the
particular matters in which'You. were Involved have1008been settled and award fees paid.
However, It is mentioned in order lObe completely thorough with the restrictions of the lifetime
ban and also to ansm
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RO\doubts or qnestions you may have bad about your p1'eVioas
involvement in "ward fee mattem.
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CREW v. DOD MAY2013 RELEASE 000030 .. _-
6. DlSCLAlMBR:
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Be advised that the Deparbnent of the Air Force does 1I0thave author.l.ty to
opinions on the restrictions contained ulTiUe,18 of tbe United States Code. The sectiO.M of title
18 Federal'crimbalstatlltes, the interpretationotwhich falls wder the jurisdiction of tbe .
Department of Justim. Accordingly, you should be awue fhat opinions may render on the
specific application ofsections ot TItle 18 are not bindingon the Department of Justice.
It ia our office policy to include ibis pamgraph ill. every legal opiafon we issue on the application
of18 USC 207.], '.
7. CONCLUSION;
In there is no :regulation, or restriction pre:mlting you from accepting a'job
with E.-JThere may be, however, a very small limitation as to the scope of work you may
perfonn for thDm. This Umitati0n. as explained above. is a Prohibition of your potential .
to the U.S. govetmrient with to YO\I.r award fee responsibUities
and activitieS as an. bXll) . . I. .,.
'8. If you have any questions regarding this matter please call me at i
bx6
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bXll)
Attachment: .
Your request for opinion, 16 SePtember 2009[sic]
s
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DEPARTMENT OF TBEAIR FORCE
Arnold Engineering Development Center (AlIDCY(AFMC)
100 Kindel Drive, Suite B120
Arnold AFB.:TN 373892120 '

MEMORANDUM 1COI,.
FROM: AEDClJA
SUBJECT: POST-GOVERNMENT EMPLOYMENT
t. This memorandum is provided in response'to your, a iegal opinion )(6) I
regard to the applicatioD of I;tle 18. United Stites 207 18 USC,' 207) t'9 your
potential employment with lb)(6) Jat b)(6) This opinion shall
replace and/or supersede the ethics opin on we provided to you on'22 October 2008 as it takes into
consideration additional facts subsequeJ:ltlY provided to us byJb)(6) [ All opinion
in this memorandum based upon the provided in yo t d d b)(6)
I{sic] and aKb)(6) [designation of authority memorandum dated b)(6)
'-----,.--------'
2. FINDINGS;.
Based on my review ofyOLll' memorand!JUt and the applicable law, I have detcrrt'lined there are no
restrictions on wh you may be cro.ployc:d bY as ate3ult ofyour previous govCJ.!DIltmt
here at b)(6) There may be, however, a very narrow limitation as to the Joopc"QfwQrk you-can"
perfonn for b) 6 upon the Provisions on8usc 207. Because of your previous authority to
approve (pEAs}"and project job authorizations (PJAs), and
your participation in fee and discussions, you ate likely prohibited from
representingKb)(S! to the Government with regard to these same matters. , '
3. FACTS:
the Kb)(6) , Iyou were responsible for the
agairi worked closely and, as
Iand(b)(6'J , Ifor
ex ressed
c. According to antb)(6) Imemorandum dated b)(6) au had also served as
the authorized representative cifthe contnwting officer with regard to b)(6)
Kb)(6) lor the Kb)(6) I to this designation. you were granL:...ted-'-:-th=-e-a-u"th-o--:rit-y-to-ap-p-ro-v-e-...J
engineering EAs or Pro ect Job Authorizations (pJAs) for issuance to
the contractor. Accordin to b)(6) your responsibilities would have included ,
the ability to b)(6) 'andto b 6 , I'
Kb)(6) larea "
IYou wiJI also work with b)(6 and govenunentPro,grant Managers l
----. ---,and also to Ke.:.. b.:...,:.)(6...;.) 1
, 4. LAW AND GUIDANCE:
The primary post-retirement restriction statute is 18 U.S.C. 207. The pUlp'osc behind the law is simple:
When a fanner government who been involved with aparticular
matter decides to act as the representative for another person on thQt same matter,
the "switching ofsides" undennines the public's confidence in the filirness
ofgovemment proceeding and creates the impression that personal influence,
gained by affiliations, is declsive.
18 U.S.C. 207 is afederaJ that seven different post-government,emploYment
restrictions. Three restrictions apply only to senior employees (officers 0-7 or above and SES
employees), one restriction applies to Members ofCongress, and one applies only to trade ortreaty
negotiators. However. the other two.restrictions appl yto all military officers and civilian employees in
the Branch. These two restrictions are commonly referred to as the "lifetime representation
law (18 U.S.C. 207{a)(I), and the "2-year 'representation law"(l8 U.S.C. 207(a)(2 .
. a. Restriction I: (U.S.C. 207 (a)(1) sets out a Hfetime ban making, with the intent to
influence. any communtcQlfon to or appearance be/ote an employee Of the U.S. on behalfofany other
person in aparticular matter involving a specificparty in which the employeeparlfcipotedper301laily
andsubstantially as an employee, and in which the U.S. is apartY or has a direct al'fdSUbstantial
interest.
(1) This restriction to back to the Government. It does not apply untess a
former employee communicates to ot' makes an appearance before the United States, including any
employee of any department, agency, court. or courts-martial ofthe United States. 18 U.S.C.
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(2) The tenn "particlJlar matter' includes any investigation, application, request for ruling or
detennination.lUle making, contract, 'controversy. claim, charge. accusation. arrest. or judicial or other'
proceedil18. 18 U.S.C. 207(i)(3). The same particular matter may contin,ue in anotber ronn or in part.
In detcrmlriing whether two particular matters involving specific parties all' the same, all relevant
factQl'9 shoiJld' be cOnsidered. inoluding the extent to which the matters involve the same baSIC facts. the
same or related parties, related issues, the same confidential infonnation, and the amount o{tlme
elapsed. 5CFR2641.201(h)(5)(i). In the case ofcontracts, gmnts or other agreements, a newmatter
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typica.lly does not arise simply becausethere are amendments, mOdlfioations, or extensions ofa
contract (or other agreement), unless there are fundamental chapges in objectives or the nature ofthe
matter. A contract is,almost a{ways a single particular matter involving specific parties. In making thIs
detennination. an agency should consider the relevant factors as described above. No single factor
should be determinative, and any divisions must be based Ott the contractts chlllacteristIcs, whichmay
include, among other things, perfonnance at different geogtaphicallocations, separate and distinct '
subject matters. the separate negotiation or competition of individual task or delivery orders,and the
'involvement of different or even different agencies. 5 CFR 2641.201 (11)(5)(ii).
(3) The pennanent restriction commences upon an employee's from govemment
service and lasts for the life ofthe particular matter that involved specific parties in which the
employee participated personally andsubstantlaUy. 5 CPR 2641.20J(c).
(4) The particular matter must involve p4rties" both at the time the indlvidual
,panicipated as a government employee and at the time the fornier employee makest'he communication
or although the parties need not be identiqal times. S eFR 2?41.201(h)(3).
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, (5) To 'Participate'l mew to take an action as an employee through decision. approval,
disapproval. recommendation" the rendering ofadvice, investigation, or other suoh action, or to
'purposefully forbear in order to affect tile outcome ofa. matter. An employee 4ocs' not participate in a
matter'merely because he had knowledge ofits existence or it was pending under his official
, responsibility. An employee does not participate in a matter unless he does so in ois official capacity.
5 CFR2641.20l(i)(l): '
'(6) To participate "personal/yll means to participate. directly, lndividually'or' in cotnbination
with other persot:J,s; or through direct and active supervision ofthe participation of any person he
supervises, including 11 subordinate. scm2641.201(1)(2)
. (7) To participate "substantially" means that the employee's involvement iscf significance to the
matter. Participation may be substantial, even thougb it is not detenninative ofthe outcome ofa
particular matter, HO'iever, it requires more than official responsibility. knowledge, porfunctory .
,involvement, or involvement on an administrative or peripheral issue. A finding ofsubs.tantiality
Ilhould be based not only on the effort devoted to amatter, but also on the importance ofthe effurt.
,Provided that an employee participates inthe subS1antive merits ofa matter. his participation may be
substantial even though his role inthcmatter. or the 'aspect ofthe matter in which .he is partiCipating,
may be minor in relation to the matter as a whole. 5 CPR 264] .201(i)(3).
,(8) Note that each, of the key elements (italicized words abo"/e) be present before the
restriction applies. For example, an employee is not prohibited t!om giving "'behind-the scenes"
assistance in connection with another person's representation to the Government; but" former,
employees' are prohibited frompersonally communicating with a FederalempIoyee onthe same.matter
The restriction also does not apply to'communications involving purely social interaction,
requests f()r publiclyava.iI!lble or requcsts for
. , b. Restriction ,: 18 U.s.C. 207(a)(2) setS out a vety similarban.excepfthat it is of shorter
(only two years following'the ofservice) and applies only to those
,who had official responsibility for a matter that was ctuaUy pending during the employee's {OJt year
of government service. In other words, even though the omployee Was not "personally and
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substantially" invoived in a particular tnatter
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ifthe matter fell witbin bis or her official responsibiHty
during the last year of service, the employee is haired from communications (with the intent to
influence) with any govenunent employee on the same issue. Again, every word in the statute is
n8lTOwly defmed and applied.
(1) ICOfficlal responsibilitY' is_tl1c authority to approve or disapprove, or otherwise dire<:t
govemment action. 18 U.S.C. 202(b).
(2) A:. matter [s f'actually under official responsibility ifit has been
referred to the employee for assignment or has been rd.wed to or 1s under consideration by any person
he supervises, including a subordinate. 5 CFR2641.202 0)(2).
S. DISCUSSION:
a. The lifetime ban, as described in paragraph4a' above. prohibits fonner U.S. govemment
employees from intluencing current government em.ployees in matters they had participated
upersonallyand SUbstantially" in while employed with the {l.S. Government. Among your many
duties atKb)(6) I "particular matter" you were privy to as a U.S; government employee. which
cOl,lld now be subject to the lifetime ban
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was your partitipationin award fee inputs and award fee
discussiomJ. The award fees, as formal detenninations made pursuant to the contract between I
and the U.S. Govemment, can reasonably be considered a "particlllar matter" in which the .
Govermtlent has a "dirt<:f" financial interest in as per 5 CFR 2641.201. ' Because you provided
'.direct advice and input to the.center oommander and contracting personnel with regard to these
it b apparent that your participation Was both'personal" If;lld "substantial." Because ofthis
the 18 U.S.C. 207 (a)(l) lifetime ban likelyprolubits yourrcpresentation interests to the
U.S. Government with ':Ogard to these same matters in the future. However, this ban or limitation on
. your future employment with Kb)(61 is de minimus ponsidering the that these past award
fee . will be revisited, protested, or that. ifrc<Visited. b)(6 wouldrequest your .
representati/?n in the matter. '
b. Another "particular matter" it! you participated and th.at could now be SUbject to the
lifetime ban was your responsibilities as the authcrized contracting officer representative (COR) with
regard to the strategic investments. WBS Kb)(6). . IYou had the authority-and
official responsibility to approve projcctchanges and authorize the 8topping and starting ofwork. If.
any ofthe matters you had authorJ.'ty over while a COR are eVer revisited and(or disputed in
and the Govemment bas a direct finaltciaI interest, you are likelyprohibited from
interest in these same matters to the Govcmmen,t ,
c. The two-year M explaIned, in paragraph 4b above, applies to those former employees
who had an cCofficfal responsibility" for a during their last year of
government service. Your previous empioyment appear to fall within the purvieWof'
this ban considering you had an official responsibifity over 8 few matters while serving as a COR for
strategic investments. As the COR you we're given the authority to approve changes to projects as
.well is authorizethe starting and stopping ofwork. Because the two-year banappl1es to matters
'actuaUy pending' iluring your period of"official responsibility". you are only prohibited from '
appecranccs OT representations to the on behalfoIKb)(6[ for those dC(llSions and
matters that aetl1ally occulTed and/or were pending during your previous auth(lnty. to approve the
PEAs and PJAs. Thus, ifthere were a future dilDute ajout a strategic investments project change
that occurred during your period ofauthonty at b)(6) you would likely be prohibited from
4
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representingfXB) Iinterest in the matter"to the Oovemment. Because you fl,JIty divested of
your government duties on [b
XB
) this two-year ban will end on[b
XB
) I
d. These bans "should navepractioaUy no effect on yoUr fllture employment with E::J
considering the particular in which you were previously involved were
noneontentious. and have long beenseUled and award fees paid. However, they are mentioned m .
order to be completely .thorough the restrictions ofthe lifetime and two-year bans "
answer any doubts or questions you may have hUd about your previous involvement in the
award fee matters.', , ' ' "
6. DISCLAIMER:
Be advised that the Department ofthe Air Force does not have authority to issue authoritative
opinions on the restrictions contained in Tide 18 ofthe United States 'Codo. The sections ofTitle 18
are Federal criminal statutes. the intetpretation ofwhich falIs' under the jurisdiction ofthe
pepart1nentofJustice. Accordingly, yOll should be that opinions we may render on the
specific application 18 8're not on the Department ofJustice. '[N<lle: It is
our office policy to include this paragraph in every legal opinion we issue on the application of 18
USC 207.]
7.
In mY10Pinion. there is a:'-0 statute, regulation, or restriction preventing you from accepting ajob 'With
b)(6) There may be, however, It very small "limitation as to the scope ofwork you may perfonn for
them. This limitation. as explained above. is a prohibition ofy-our potential representation
the U.S. Government With regard to your previous responsibilities as a COR and also, your award fee
activities. " " , ,
,g", Ifyou have questions regarding this matter nJ8a.Re me at I
bXB)
, StaffJudge Advocate
s
12 Nov 08
MEMORANDUM --JILT COL (Retired)
FROM: ABDClJA
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SUB1ECT: POSTGOVERNMENTEMPWYMBN'I:
1. This metnorandUM is provided in response to your request for'a legal ,opinion on 6) I,
Kb)(6)[with regard to the appl!eatiol1 of Title 18; United States Code, 207 IS-USC 1207) to'your
potential employment with b)(6) This opinion shall
replace and/or supersede the et os opinlon we pro ed to yoU. )( as it takes 'into
consideration additional facts subsequently provided to Us by b)(6) All r ed .
in this memorandum are based upon the information provided in your re dat b (6
and a of dared b)(6)
'---------'
2. FIIIDINGS:
, .
Based on my reView of your memorandum and1bC applicable law, t havo determined there' are no '
restl1etions on 0 you may be employed by as II. result of your previous govemmentemployment
here at b (6 There may be, however, avery (larrowllmitatlon as to the ofwgrk you can
perform for b) a based upon the provisions of 18 USC 1207. Because of your preVious authority to
approve preliminary aUtboriza1ioos(pEAs) and authorizations (plAa), and.
your fee docisions arid disCU8IIioJiB, you are Ukely prohibited from
representing Kb)(alto the Govel'Oment with regard to these same JDatrers.
'3. FACI'S:
b. While somug as 6) Itor the Kb)(6) Iyou were the .
Kb)(6) tIn this positlon you again worked elose)y with b)(6 and. as
(b)(S) award fee recommendations and participated in award tee diacussions fat
theKb)(6) . ITheseKb)(6) lwere considered by the:Kb)(6)
commander and also tho government contt.acting ofticors responsible for oversight and management
oftheKb)(6) I '. .
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4. LAW AND GUIDANCE:
. .
The primary restriction sta.tuto fa 18 U.S.C. 1207. The 'purpose bebind the law is simple:
When a former government employee who has been involved with aparticular .
matter deddes to as. ,the representative for another personon that same matter,
the ofsides" tho public's confidence the fairness'
(Jf government proc,eeding and Creates the. impression that personal influence,
gained by government" affiU,ations; is decisive. .
18 U.S.G. 201 is a federal statU\e that contains se'Vlm dit'feteDt posr-govemnieDI employment
restrictions. Three restrIctions apply only to senior employees (officoxs 0-1 or above and SBS
employees). one restriction applies to Members of Congress, and one applies only'to trade or treaty
negodators. However, the other two restrictions apply to all military and civilian etl\pJoyees in
the Executive Branch. These two restricti<'lDS are commonly referred to as the flll.fctfme representation
law" (18 U.S.C. 201(a)(I. and the "2-yearrepresentation 1,'111'(18 U.S.C. 207(aX2.
a. Restriction 1: (aXI) sets out a B.tlme ban against makiDe. with. the intent to
infbtellce, an)' communication to or oppeararu;e before an employee of the U.S. on'1:iebalf of any other
perSon in a partU;ular mattsr involving 8 $fJifk]NJrlY in whicb the employee pdTticfpatedpel"S01ttJlly
",,11. !ubstantially as an employee. and in which the U.8.18 aparty' or has a dil"ect aM wsttllltEal '
interat.
(l) This restrietiOJl applies to representations baclt to the Government. It does not apply unless a
fOTmer employee commwrlcates to or makes an appcarancebcfotc the United States, including any
employee of any. depalbneDt, agenCyJ court, or c:ol1ftS..marnal of the United States. 18 U.S.c.
1207(8)(2). .
(2) The term '"]Hirtictilar matter" includes any.investiption, application, request for ruling or
determination, rule.making, cOntract, controversy; claim, cbaige, accusation, attest, orjudic:lal or other
proceeding. 18 U.S.C. 207(1)(3). h same partiCllIar matter may continue in another form or in pari.
In determinins whet'Mr two particular matters. involvfna speclfie partieS are tile same. aU relevant .
factom should be oonsidered, Jncludfttg the eJteDt to which the matterfj involve tbe same bWc fads, tIlo
same or related parties, related iSSues, the same confidential information, and the amount of time
elapsed. S CPR 2641.21)1(h)(SXi). In abe cue of CODtraet8, grants or other agreements. a new matter
2
typicany does not arise simply because there are amendments. modifications, or extensions of a .
contract (or other agreeme.nt), unless are fundamental changes in the nature of the
matter. Acontract Is almost always a single particular matter involving 6peclfic part:Ws- In tbJs
detennination. an acenoy should consider'tf!.e relewnt factors asdescribed above. No single factor
should be detenninative, and any diviSions must be based on the contract's cbal1leteristics, wbic:b may
include, among other things, perfonnance at and distinct
subject matters, the separate negotiation or competition ofil1dividual task or delivery orders, and. the
involvement of different prograJ3l"offices or even different agencies. 5 CFR 2641.201(h)(5)(ii).
, (3) The pennanent restriction upon aD employee's terudaation from government
service and lasts for the lHe of the particular matter that specffic partie. in which the
employee participated personally and substantially. 5 CPR 2641.201(e).
(4) The particular: matter must involve "spec!jlc pQ.,tJe3.t both at the time the individual
participated lis a government employee Blld at the time the former employee males tho communication
. Of appearance. although parties need not be identical at ooth tiDIes..5 CFR 2641.201(h)(3).
(5) To' "participatJe" melD8 to fake an action as an employee tbrougb approval.
disapproval, recommendationj ' tberendertng of adv.lce, fuvestiga1ioD. or other such action. or to
purposefully forbear in order to aft"eci the outcome of8matter. An employee does not participate in a
matter merely because he had knowledge ofils existence or' because it'was pending under his official
responsibility: An does not participate in 8ntlltterunJess he does so iri his capacity.
S CFR 2641.201(i)(1). . ' ,
partfcipllto means to.participate eitherindMduallyor in combination
with other persOl1Sj or through direct and active supervIsion of the partieipation of any person lie
supervises, including a SCFR2641.201(i)('2). .
" (7) To partioiPate "substlmttalJY- means that fllo employee's invol'VCment fa of significance to
matter. Particfj)ation may be substantial though. it is nOt determinative of the outeo.me of a
particular matter. However, it requires morc than officialrespoIl8ibiltty, knowledge, perfunctory
involvement, or involvement on all administrative or per.lplleral iSsue. A finding of.slJbstaitdaUty
should be not only 011 the effurt dC1l'oted to a inatter, but also on thb imporfance of the,effort.
PrOvided that an emPloyee participates in the substantive merits of a matter, bis participatio'u lIlay be'
substantial even: though his role in thettl8.ttet. or the aspect of the matter in which he is participating.
,may be minor in relation to the Iaaiter as a whole. S CPR 2641.201(iX3). '
{8) Note that each of the key elements (Italicized words aboye) must be pment before the
restrietJon applies.For clCari1.ple, an employee is not probibfted '&om giving "behindthe scenes"
assistance in ..onnectlon with another person's tepteBentatioR to the GoVernment; but, former
employees arc prohibited from personallycommu.nkating With a Federal emplOyee on the same matter
themselves. The rcstr.ittion also cIoes not apply to conunumcatioDS involti,rtg purely social interaction.
, requests for publicly available or requests for :factual info:rmalion.
b. 'Bestriction 18 U.S.c. 1207(a)(2) lets out avery similar ban, except that it is of shorter
duration (onlY two yelU's following the employee's termination ofsetvice) and applies onlytothose
Who had official rapoMibility for a matter tbat \V8Sactual& pending during the ClIDployee', lQSt year
of government sen';6. In other words, even though the employee was not and
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. I substantially" involved in a pamQullU.'maftcr. ifthe matter feU within his or her official responsibility
during the last yearofservice, the emplcyee is barred tromcommunications (witll the intent to
I
influence) with any government employee Dn the same isSue, Again, word in the statute is
narrowly and applied. '
I
(1) "ojftckli responsibility" is the authority to approve or disapprove. 01 otherwise direct
govemment action. 18 U.S,C. 202(b).
I
.('2) Amatter i' pen4lJJt' under'an ,employee's offielal respol1sJbDltY ifit has been' ,
I referred to, the employee for assignment or has f,een refeaedto or is under consideration by any ,persall
he supeIVises, includiug a subordinate. 5 CPR 2641.202 (1)(2).
5. DISCUSSION:
a. The lifetime ban, as des6ibe4 in paragraph 4a. above, prolubits former U.S. government
emplOYees from tnflv.eo<.ioi CUrrent emplo)'CC$ in matters theyha.d participated
Cpersonatlyand substantialJy" in while employed witb the U.S. Goverrtment. Among YO\11' many
duties , -particular matter" you wore priVYto.9 a U.S. government employee; which
could now be subject to the lifetime ban, was your partiei.pa1ion in award fee inputs' and
discussions.. The award as tormaldetetminations,made pursuant to the contract between ,
" , and the U.S. can be, conside,red in which the ' , '
Governmeot has a "diteet" financial in ,as per'S CF.R 2641.201; Beeausoyou provided dfrect
advice and input to the center commander 'and coollacting personnel with regard to these tnatteJ:s, it is
,apparent that yoUr was both 44personaf and Because ofthis the 1S U.S.c.
207 (a)(1) lifetime ban 1iIcelyprohibitsYQ\luepreg,ntatiQQ interests to the U.S. ,
Government with regard to these same tnatte[$ in t)), :future. However, this ban or limitation on your
employment de minimus considering: the that ,these past award fee
detoMlinations will be revisited, prott'ste4, or that, it revisited b)(6) auld request your '
representAtion in the matter.
b. Anothe.r "particular ma.tter't inwhlch you participated and Chat could now to the
lifetime ban was your as the authorized,contracting officer representative (COR) with
regard to the strategic 'WBS of the Kb)(6) I You had,tbe autb0rity and
official responsibility to approve project thattge& lnd auth()1'ize the stoppinaand starting of work. If
any the mattera you had authority over ,:,hUe a COR are ever and/or- disputed
and the Government has 8 direct financial Itm:lrcst, }tOuuo likely prObib1ted
interest in these sante matters to the Governmene. '
, ,
Co The tWo-year b01l, as explained in paragraph 4b above, appli.es only to tho$e fonner employees
who had liD "e;tfficial for a. matter riding dUring their last year of
goverIiinent service. ' Your prcviolJsemployment a b) 6) (foes appear to faU within the purview of
tltis baD considering you had an official responsibiUty over a few tDIIttor8 while serving,'as a COR for
strategic investments. As the COR. you WOfe Biven the authorlty to approve' cb.a11ges to projects its
well as 8utbor.izetbe starting and ofwork. Because two--yeit ban applies to matters ,
"ietuallypending' .durlng your period of"o!ticiEli ros'pan.Ibility," you al'O only prohibited from
makingappeuances orrepresentatioDs to the OoVel11mobt on bohalfotKb)(6lfofIhOse decisionsalld.
, ' .matters that actUally occulTod SlId/or pellding during your proviOIlS authority to approve the
PEAs and PlAS. ThUS, it there WCI. a future dirpure 8 strategic investments project change
that OCCl.lrred dUring your period of authority at b)(6) . au wOUld, likely be prohibited from.
4
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Kb)(6) linleresl in the matter to Government. BecauSe YOU fully divested yourSelf of
your govemmentdutiMoItb)(6) Itbistwohjrear ban will end onKb)(6) I .
d. These bfW should. have practically no effect on your wlw-e employment withKb)(6) I
considering the particular matters In wldch you were previously involved ware routine,
noncontentious, and have long beon settled and award fees paid. However, they are .in
'order to be completely thorough with the restrictiolJS of the Iif'etfme and tWoyear bans and alS(i to
answer' any doubts or questions you may'have had about your provio"s involvement in the Kb)(6) I
award fee'matters.
6. DISCLAIMER:
Be advised' that the DepartmeDt of the Air does not have auttwrity 'f() issue auqI,oritative
opinions on the restrictions contained in TItle 18 of the United States Code. The sections of Title 18
are Federal crlminal,statQtes, the inteipletaiioD of whiCh fallsuder the jUTisdlction of the ,
Department of Justice. Accordingly, you should be aware that opinion. We may render on the '
speclfit: applicaflon ofsections of 'J.'itle 18 aN binding on the VepattmtJnt of [Note: It is
our office policy to include this paragraph in eve-ry legal opinion we issue. on the application of 18
USC207.]
7. CONCLUSION:
In my opinion; there is no statute, regulation, or restriction preventing you from accepting 8 job with
TheIl' may be, hawcver, a vccy smallltmit&tion as to the sco'pe of work you may perform for
tbem: This limitation, as expJaIncd above, is lJ. prohibition of your potentid -represeIltation of Kb)(61 to
the, U.S. GoverDment with regard to your previous responsi1n1itie$ as a COR and also, your award foe
, activities.
8. If you any questions this matt1H: please )(6) I
, , b)(6)
. Attachments;
5
DEPARTMENT OJ'THE AIR. FORCE
Arriold Engineering Development Center (AEDC)i(AFMC)
100 Kindel Drive. Suite B-120
Arnold AFB, TN
4 Feb 09

FROM: ABDCJJA
SOOJEC'I': POST.(K)VERNMBNT EMPLOYMENT
1. This memot80udurn. is in responso to your request for Illegal oPinion: oJb)(6)
with regatd to the a Ucation ofTitle 18 United States Code, 1207 (18 USC 207) to your poteritial
to entwith b)(6) or their bX6)

b (6 All opinions eJO)rcssed in thIs memorandum ilIe hased upon. the intOnnatiQri provided m your
request dated )(6) 3ndour coniultation with r
bX6
) I
2. FINDINGS:
Baaed onmyteview ofyour :memorandumand the applicltble Jaw, I have d.ctermiried there 'are no
mtriotiona on whg yOll maybe employedbyas a result ofyour previous governmeat empl(ly.inent
here at b)(6) may however, 'a limitation as to the scope ofWorlc you can perfurrn for, '
b)(6) Becauseof . r evious '
. authority to serve 8S ar
bX6
) Iand your participation in b)(6 award fee
bX6
deCi9iotlS 'and discussi()ns, yOu are like1y prohibited representing Kb)(6lor'itll I-_)_.__---.J
fb
X6
) Ito the Government 'With reganl to these same matters.
However, you identified a specific position in which yon are interested.. or
delineatedthe specific duties you wouldbe [cspoI\liible rot, we ate not in a ilionto give you
deftnitive advioe what you can and oatmot do on behalf0 b)(6 or their c....E;(O_)__---'
[b;(O) IHowever. I'mproviding with goneJ!11 itlfoJlIIllti<in regarding thb,law and pott
govomment employment in the folloWing section.
3. LAW AND '
The l'rlmary po.st-retitement restriction statute is t8U.S.C. 207. The purpose behind law is simple:
" ...
When a former govermnent employee who has been involved with aPuticu1ar
matter decides to act as the representative fOr ooth penon on that 8aItle ntatte'r,
the "switcbing ofsides' IIJ1dermines !he public's coJrlideticc intlte fairness
of govcmunenl prol;eeding and the'impression that personal infl.l1erwe,
gained by government affiliations, Is decisive.
18 U.S.C. 207 is a federa181atute that contains soven di:t'ferent post-gove.t1lrnent
restrictions. Three l'efltriC'tloDlil applyonlytoseulor employeea (offloeit 0.7 or above andSES
employees), one restriction applies to MemberS ofCQngr:estl. andone applies onlYto trade or tteaty .
negouattm>. However, the other two restrictions applyto all m.ilitary officers and civilian emplQyees in
5 '
. ;

theExecutive Branch. These two remotions are COD'lmonty r.-red to, I1S the "Ufetime representation
law" (18 U.S.C. 201(a)(1, and the representation law"(18 U.S.C..207(8)(2.
1-' (U.S.C. 21>7 (1')(1 out a ball ag,ainst makiJi with the iment to
influenCB, any c(J1If11lUltleat/()1t to or appeaT01ICI1 belDl's an employee ofthe U.s. on beba!fofany other
pmon in It port/cut()r matter lm>olving a specificpttJ1y in which the employeeparticipatedpe1'smially
anillUbstantJally as an employee, and in which the U.8. i3 a party or has a dtre.ct and mb8tanttal
.interest. ' '
(l)"This applies to representaliol1a 'back t9 the OOVonu'Jl.ent. It does DOot apply unless 8
former etnployce communicates to or makes an"appearance before the United States, including any
employee ofany department, agency, court, C1t ofthe United Stales. 13 U.S.C.' ,
207(a)(2). '
(2) The teIm matte!'" inelud.s any inveatigation. requeat for riding or
detetminafion, l'Ule.malcing, contract. colltrovet:sy, charge, accusation, aaest, or judicial or other
proceeding. 18 U.S.C. 201(i)(3). The same particular inanothertorm or in part.
In'determining whether two particular matters mvolWig speClit1c parties are the same\ an relevant
factors should be inclUding the extent 10 Which the matters inVolve the same basic the
same or related parties, telated issues, the lIerne confldentiaI information, andthe amount oftime
elapsed. SCPR 2641.201(hX5)(i). In tho case ofcontraets. grants or'()ther agreements, a new-matter
typically 0008 not arise simply because there ate modifications, or extetlrions ofa
oontraet (or other agreement), unlCSll there are f\:rndamen1at ebangesin objeotives or the nature ofthe
matter. A con1raet '1$ almost always a. 'Sitigle pllt'tWllar ttlAUer involving $pcCific parol'S, Il'1 making thi8 .
detennination, an agency should consider the lhotot'B 2lS descrIbed abo1lO. No single &cto7 .
should be detenninative, and must be based 00 the contmci's characteristiea, wbicll:tlU1)'
mcude, among othet things, performance at different gcographlcallocationB, separate and distinct
subject matters, the separate negotiationOr competition ofindividual task or deliveryorders, and the
involvement ofdifferent program ot'fiGCS orcvon dift'ezeilt agencie3.' SCFR. 2641.201 (hXS)(ii).
(3) The petmanent Nlstriction commences upon an employee's tem:rination ftom government
servioe and for the life ofthe ti1at -involved specific parties in which the
employee participated personally and $ CPR 2641.2(l1(0).
. . .
(4) The particularmatter must Involve "Apecifl.cpar/lea" at the tlm.e the individual
participated as a government employee! and' at the time the fbnnar employee makes communication
orappeatance. although the parties need not be ideJ;UicaJ at both times. 'CFR. 2641.201(b)(3).
(5) To "partfciptlfe" roeam to take an action a8 an employee thl"OUgh approval,
disapproval, recommendation, tho rmderingofadvice. investigation, orother such action, or to
in Older to affect the outcome ofa matter. An employee does not participate in a
mattermotoly be<iIJ.utlc he had. knowledge ofits existenoe or because it was pending under his offieial
responsibility.' An employee doe. not participate in a. matter uilleashe does so in'bis official capacity.
S CFR 2641.201(i)(1);
.(6) To participsle "personallyl' )]\eatlS 10 participate directly, either individually orin oombination
with other persons; or through dire-at .and aotive supervision oftheparticipatlon ofany person he
2
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including a sub()rdinate. 5 CFR 2641:201(iX2.). ,
(7) To partioiP8te "lubstanlta11y" means that the employee's involvement ill ofsignificance to the
matter. Participmion maybe substantial evan though it is not determinative ofthe outcome ofa
partiqular matter. However. it than offieial knowledge. perfunctory
involvement. or involvement on an administrativo or peripheral A tindlns ofsub8taociaUty
should be based not only on the efibrt devoted to matter. but also on the importance ofthe eftbrt.
Provided that an empll)yee participates 'in the substilntivom.erits ofa matter, his participation may be
substantial wen though his role in the matter, or the upectofthc matter ill which he is participating,
may be minor in :relation to the matter as a whole. SCPR. 2641.201(i)(3).'
(8) Note that each Qfthe by cle.tnenls words above) must be present befbre the
restriction applies: Pot example, an employee ill not prohibited from giving "behind-the scenes"
assistanoo in conneCtion with ailother person's rcpre8c:Dtatlon to the Govemmem; but. former
employees are' prohibited from perSonally eomm.umcatiDg with a Federal' employee on the same matter
themaelv08. The res1ri.ction also does not apply to communications involving social in1e.l"actiOIl,
requests fot publicly' lSva:llable documenbJ, Ot"Iequests fur factual'intbrmation.
b. Rcstr.i9ti211 18 U:S.C. 207(a)(2) out a Vory except that it itl ofshorter
duration (only two years following the employee'a tennination ofservige) and applies only,to those
who had offidal responsibility for amatter that WI!I o.cl1Uillypending during the employee's /qst year
of govetnmeIrt stmice. In. other even though1be employee was not and
SIlbstanti8ny" involved m: a. particular matter, ifthe Jnattecfell within his orher official responsibility ,
during tho last year of the employee is btu:ted ftom cotnri'1unications (with 1hc interJt to .
influence) with any govettnment employee on the silme Issue. Again, everY word in the statute is
narrowly defined and applied.'
(1) "Ojftclal 'is the authority 10 approve or or otherwise direot
government aotion. 18 U.S.C.
. '
(2) A matter is "actually pending" under an employee's official responsibility ifit has 'been .
refetTed to the for assignment <It has been referred to or is under consideration by any person,
he supervises, including a subordinate. 5 CPR 2641.201 (j)(2).
4. DISCUSSION:
The lifetbne ban, as dcgoribed in paragraph 3a above, prohibits fanner U.S. government employios.
ftom intluenoing CUIIent government employeei inmatters dtey had "personayv and
subsllIntially" in while employed with the u.s. Government. Among)'Out many duties at )(6) I.
one '"parti(iular matte!"}'Ql\ wore privy to as a U.S. employee. whiCh. could DOW be
to the lifetime ban, WM yourpartioipation in'award feo inputs and award fbe discussions. The
award fees, 89 formal determinations made pursuant to the GOntraet between )(6tand tho US. .'
Oovermnea.t. can reasonably be oonsidered a ''partWuJar matter" in which the Government ma a
'direct' financial hrterest in u per S CFR.2641.2010 Because you provided direct advice aIid input to
the, center cottu:na11d.er and'contractingpersonnel with regard to these mattea. it is apparent that your
participation was both"personal' and ofthis the 18 U.S.C. 207 (a){I) .
lifeti.me ban likely prohibits your U.S. Government with
regard to these sam& matters in the:fu:ture. However, this ban or limitation on your futuro .
employment witb 6[ is de minimus cOllSidering the bnprobability tha.t these past award fee
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determinations will be revisited
t
protested, or that.. )(6jwould request your
representation in the matter. " ' .
b. Another Aparticular mattet' in which Kg;: and could now be subject to the
lifetime ban was as the b)(6 . ,I with regard to the
investments area ofthe]Ji(6) . I Ifany ofthe mattm you had authority over wbile aKb)(6Iare
e.ver revisited and/or disputed in tho Govenunent a diftlct lltWlcial interlest. yOll are
likely prohibited lOOm interest in1h6se same matters to the Oovemmcnt.
. .
c. These banr may have no effect on'your future employment with the'
particularma1ters in whioh you were preViously involVedwere nnrtine. noncOntentious. and have
long been settled and a-ward ftles paid. However, they are mentioned in order to be oompletely
thorough With the restridions bftto lifetime ban and also to answer any doubts or q'uestions you may
have bad about your-previous involvement in the award'fee matters.' . ,
5. DISCLAIMBR:
Be advise<! tha.t the Department of'tbe AirForco dOes not have autho.rity to issue authoritative
opinions on the restrictions oontained in Title 18 of1:he.Un:lted States Code. The sections ofTitle 18
arc Federal crin:linal statutes. the intetpretation ofwhich :falls Under tho jurisdiction ofthe
DepaI1m.ent ofJulftiee. Accordingly, you shouldbe aware that opinions we may render on the
specific application ofsections ofTitle 18 are not binding the Department of'Justice. [Note: It is
our office poncy to include this paragnpb in every legal opinion we issu.e on the application of 18
U8C.207.]
,6. CON'Cr,uSION:
rm:opinion. there is no statl1te. regulatiOn, or tertrietionpreventing you nomaccepting a job with
b)(6) or its(b)(6) jThcR D1B.y bel ft Jirnimtion as CD the scope ofwprlc: you
may perform for them. Thislirnitation,.as explained above, is a prohibition ofyourpotential '
t1te U.S. Government with regard to yoor previous responsibilitl08 as a
also. your awardfee activities. " '
. .
'7. Ifyou have any questiGllB regardillgttrls cali me at I'
, b)(6)
Auaehtnent&:
1. for opinion. I
2. Post-Govemmerrt Emplo}'l1'1ent Package

DEPARTMENT OF THE AIR. rORcE .
Arnold Engineering Center
lOO Kiildel DlIve. Suite BwI20
Arnold AFB, 1N 37389-2120 .
90et09
, _
FROM: 'AEDC/JA
StlBJECT: POST-GOVERNMENT EMPLOYMENT
1, This opinion is in.respOnse to yoUr or a te,al opinion with regard to the
, applicBti.on ofTi"Ue 18, tJDited States Code, 201 (18 USC 201) and the Procurement Integrity
Act, 41 U.S.C. 423 to'potential future post-gave.lnment This opin.ion is baSed
the infonnation inyour request for opinion I
2. Finding! .
Based reviewofYoUI meinotaIi.dlim and thffapplicable 'I have c1eteniuned the ,
It appems there are nQ restrictions on M1.o: you may be employed by. subsequent to
your ftom the Air Porte., Thtre may 'be, some narrow on the
can for some based on 18 USC 207. To properly:
determine any.limitations to the scope ofwork you Qlll1 perfOTm. it is advantageous to be ..
apprised bfthe of imy particular job you !!ave b_en offered or seeking. This may also
CJigender a need to 'have 'ptovided on 1he worle you performed while' on active duty
that is similar in nature.

This legal is based solely on the facts 'UQutlined in yOUr b)(6) O1emorandqm.
attached To,summ' 0 on active duty fro b 6 to b 6 d ietiredKb)(6)
at the raIlk Fro b)(6)to b)(6 on worked on various aequisitionprogr:arns, .
specifica11 the U2 and bX!ll 'I'h8 contr1lCtoJ:S you were involved with
were bX6l You evaluated c<ltttraotor proposals and
participated in their negotiations. You Indicate, however. that you never sat.oll a source selection
committee. Your letter does not specify what your duties were from )(6 Iuntil your retirement
inKb)(6) I . . ' .
4. Wi
, -----'--------..-...... ,'.'----------------
The prlinary post-retirement restriction statUte is 18 U.S.C. 201. The purpose behind the .Iaw isthe
" foUowing: ' ' .
. .
When a former Ooveinment employee who has been involved with a Particular
matter decides to act as tho representative CorWlother personorit'ha.t saine matter,
the "switchingofsides" undenuines'the public"s in the fairness
ofGovernment proceeding and creates the imPression that per30nel influence,
gained by Oovemment affiliatfons. is deeisive. . . .
18 U.s.C. 207 contains sev:en different post-gOY_em. employMent restrictions. 'Three
restrictions apply only to senior employees (officers 07 or. above: and 8ES one .
restriction to MeroberJ ofCongress, and one. applies only to trade ortreaty
However, the other two restrictions applyto all military officers and civilian empJoYl:es within the '.
Executive Branch. These tWQ reatrictions are coiDmonly referred to 1181he'(41ifetin1e .
law" (18 U.8.C 207(a)(l and tbtl IC2-year rcpresontltion law"(18 U.S.C. 207(a)(2). '.
. ., ..
a. Restritt1tn t. (U.S.C. 207 (a){1) sets out a lifetimeban against making, with the .
intent to influence, any MmmuniCl1tfon 'to or appearimce' before an employee ofthe' U.s. on bohalf .
ofany other. per,an in a mattei.involving aspecific party in which the employee ..
'participatedp4rsonal/y andsubstantially art employee. and in which the U.S. is aparty or has a
dil'sct and il'iters3f. .
This, restriction to representations back to the govemmeD1;. It does' not apply unless
former ero.ployeecommunicates'to or makes an appearance befol% the United States,. inclUding aily
of any depilrbnent, agency, court, or ofthe United State.!. 18 U.S.C.
207(aX2). . .
. .
'.. The tenn. "particular matter" any. application, request for ruling or
msking, contract. controversy. claim.' charge. accusation, arrest. orjudicial or - .
other proceeding. 18 207(i)(3). Additi.ona1Iy. the "particular maUer" must involve the
same speeifi'f party. or speciflc parties, at the time oCthe employee'9 participation. .5 eFR. .
263-1.2<H(,,). ..' .
. . . .
An employee mayhave participated ''persona.lIy'' in a matter even though directing a sobordinate' s'
involvement. An employee may have partfc.lpated"substantiaUy" Jfhis was 9f
sisnfficanee to- the matter. 'Participation is a. single critical ste]l1ha.t may be considered Sttbstantial,
while much involvomem in minor issues i.n&y be insubstantial. The facts regarding the level of '.
, involvement are important to the analysis. 5 CPR 2637.201(d). .
NotedJ.&tt each 'ofthe key etCmetUs (it8lieized words above) must be present befate the testrietion
applies. For example, an employee is not prohibited from giving "behind-the s.cetIes",assfstance in
connection with another person's representation to the government; bUt. former aro
prolUbited fcom communicating with employee on the matter . .
'i
tllemselve8. The restrictioh also does not 'apply to purely social
.requests for available oocumcnts. or requests for factual lilforrnation.
._.. ...._--- .. 'i'ii.'._ ... ...
I
J!. BestrJ1:tioD 21'-18 U.S.C. 207(a)(2)) sets out a very except that it is'of .
shorter duration (only twit following the employee's te.m1ination ofsetviae) and a.pplies only
to those who had official rfl,ponsibUtty for a'matter that was actuallypending during the "
employee's last yefJ1' ofGovernment service. Inother thougb.1he employee was not
'''personally and substantially" in a. particular ifthe matter fell hi5 or her
official responsibility during the last ye.ar ofservice, the employee is barred from commlD'licalions
(with the intent to intluence) with any cin.ployee on the WIle issue. Again. eVery
word in the statute is narrowly defined and applied.
"Official responsibility" is1hc authority to.. approve or disapprove,' or otherwise direct, government
action. 18 U.S.C. 202(b}.
"l\ctuallypending" under the employee's official responSIbility is iithe matter was in fact referred .
to or consideration by. persons within the employee's area or responsl'bility. 5 CFR '.
2637.202(e). .
eo Addi!JgwdRe'sq:ls,UOn UUde, frog_e. latearjty As!. Mrntaty and civilian
employees who work. with contracts and procurement, or me key in this area, must
also be awaie of a spceial role arising from The Procurement
Integrity Act (4t U.S.C. 423). The Act is implemented within DOD tbroughthc Fedeml
Acquisition Regulations(FAR). Part 3.104. At issue under the Act related to your post- ,
govemm.ent is wb.ether the I Ben on Accepting Compensation from the
Contractor provision oftbis Act places any on your post-government employment
.
.' .
.
The 1 ban will. apply ifany of the following Is true:
You serve as the Procuring. Coritraetor Officer (POC) on a oontract over siD million at
Ihe time the contractor is selected orthe contraci u; awarded. .
1"ou serve as the SoUrce Selection Authority (SSA) on I!t aver $10 million'at the
time the ccntractor i$ Selected or the coouact is awarded.
You serve as l member ofttte Soarce Selection Evaluation BOard on a contrBOt over $10
million at the time the oontraetor is selected or the contract is awatded.
You serve as. the chiefofa financial or technical :evaluation' team. on acontract over$10
million at the lime ,the contraetoi' is' selected or the contract is awarded.
.You serve as the Program Manager on a contract $10 mUlion.
You serve as the. Deputy ProgramManager ona over $10 million.
You serve as the Administrative Contracting Officer on a contract over $10 million.
7
The compenl!8tion'ban tUsa applies to anyone who makes any ofthe
types ofdecl,lons:
"Decision to award a'contract or a 8Ubconttact !Jver $10 million.
Deoisionto award a modificaUon (If contract or over $10 million. '
pecision to awllld a task order or delivery order OVCJ: $10 ,
Decision to establish overhead or othe: .rate$ applicable to 8, oontract or'contrsct$ that are
valued over $10 million.
Decision to payor settle a contract claim,over $10 million.
, ' ,
,The employment han to officers, emisted personnel, civ1llan. employees and ,
.. speoi.al employees. It applies reaardless ofwhethe.r ont retires, resigns or'separateil
fromthe government. .The ban canapply in oonnection with both competitively awatded
contraots andnoDrcompetitively a'WUIded (i.e. Bole source) contracts. The ban applies to
a.ecepting compensmiou'aS an employee; officer. director or consultant ofthe contraetQ1. The 1
year perioo begins to run immediately after seriing in one ofthe seven. positions outlined above
or after makiDs one oftbe on a contract' oVer $10 million referenced above.
. . ..
The ban does:DQt apply to from any di0.siott or ofa con1tactor
tha1 does not produce "the same or similar products or SVicos" as'the entitY.,ofthe- cotttrae;:tor
that is responsible' for "the coDtraet you were in..otved in (such as cOI,mllercial " ,
, division of the oontrBctpr). Tho tenn mcus an assoe-iated businosS concern or "
individual1; dhectly or indirectly, either (a) one controls or can control the'other, or (b) a third
party'controls or can control both: "Compensation'" means wagel. salaries, honOraria.,
commissions. professional fees. and any other form. ofcompensation, provided directly or .
indirectly, for services Imdered. Compensation is itldi.tectlyprovided i:fit is paid to an entity,
other than the individ1U\l. speCifically e.xc.ha.t1se fo1' proY.idedby the itJdividual.
5. p;.seussiqn'
As nOted in my &dittgs in. pMigra.ph2. I see'no restrictions on "Who you ma)' work for upon your
refuement. The Procurement JntegrltyAct places a 0tl0 year ban oncompcD:I6tion :fromcertain
contractors when a government employee se:rve4.in a particular position or made a speC)itic .
decision on a. wlued" atgreater than $10 million. The clockSlarts to run on the one year
, ben the ,employee no longer serveS.m the particular after the relevant ,
de.cision has been made. .Based on youi memorandum ,dated it is my 'Understanding ..
that you have not served in. one ofthe poaitiOD.! orttlade one ofthe decisions, outlined in"'
paragmph4c above, Qn a over $10 Million sincekb)(6) IWjth this in mind, any
bail 'on compensatlonthBt applied to you under the Procurement IJite&rlty act concluded
. ,
As relates to restriction one and two above (paragraph 4a and 4b), which deal with the scope of
work' you can perform'and not who yoU may work for, additional infonnationis needed.
particularly. I need the details on the job you e.mi up applying fOJ: '''1 offered. Once t1lis is
receIved, it would be bene:fiefalto have detaib on any govemment Work you
per{o.oned that islJi.lni1ar to the job you 8 seeking. Upon receiving this information and having
discussions with yoU; JA will youwitb an updated legal re'iew ina timely manner. To
guide you as you begin your job searoh, however, I have included (paragraphs a thorough
ret succinct exposition of1he current lawtbat could impaot your Post-government employment.
6. AddiYonal IDformatio!l
Be advised that the Departtilent ofthe Ah' Fotte does not have autborlty to issue authoritative
opinions on the in'Title 18 ofthe Uiuted States Code. The sections ofTitJe
18 Federal criminal statutes, the interpretationofwhich faUs under. the jutisdidion oftb.e
Department ofJustice. AcCOrdingJYl you should be aware that opinions we may render on the '
9pecific application ofsections ofTitle 18 are not binding on"the Department ofJuStice. [Note:
It Is our offico polley to .include this paragraph iD ever; legal opinion we issue on"the application
of1S USC .207.]
7. "CQmjl:PSl9U
In my there are no.lC8triCti.Ons onwho you may work"for because ofyotir previous"
service in the Air Force. There may be. however. some limitations as to the scope of work you
Cla11 perfonn: To make a determination on what Iimitntiohs there are, additional information'will
be needed specificalLy outlining the job you intend to talce and any similar wtttk you-l'erfoz:m.ed
.while on active duty with Air Force. It is m:). understanding tbat you arc actively seekinS
employment at "this 1ime but 'have yet to accept a Once you begin and nmow down"
your job JA will provide you with an addendum to this legsl review ifyou
'desire. '. '"
.ityou have any questions at any time ei1her before or after' you retire, pleasecall me at )(6)
I ' . ."
...../\
b)(6)
Attachment:
Your request for opinion. 1 Oc.t 09
I
OE:PARTMEN'T OF THE F()I't:Ce.
AIR FORCE: MATERIEt. COM.MAND L.AW Q/Fi='It:E (AFMC)
AI.R FORCE SASE OHIO
AFMCLOfCL
08 DEC zaos
Building 15, Rm 130
1864 4
lh
Street
WrightPatterson AFB OH 45433-7135
DoaerLb_) (_6) _
This ll':tter is provid0d in re.spons to your recent 'for ap authoritativ.e interpretation .of
the appHeatlon of Section 42:3 of Title 41
t
Uni(ed States'Code required under Section 847
Public UJw 110-181. to your .&ervice as an official of DoD. Brleny. 4i USC 423 prohibits certain
iormer employees from accepting compensation from aOOJ:L,tract.()I for a period of one' year ifthey
served in certain pqsitions or made certain decisions in Qnneeti.on with a contract award'ed to
that contra.ctor.
Under this statute Designated A.gency Ethics OffiClll:tS and their have the legal
authorify to render authoritative opinions regardit\g, the applicability ofthe statuteto the
a.cceptance of compenSAtion from contractors. Based on the in..fol'matiol1 I have received from
you.ll is' my opinion that the statute does not prohibit you 'from acceptin& compensatiGrt from any
company except . I . .
Your restriction lasts for orto year )(6) [from ac.eeptins compe:nsatlonn:om
las an employee, officer, director, or consultant.. CompensatiC)n
means wages. saleties. honoraria. professional fees.and a.ny other form of
compensation. provided di.rectly or indirectly f-or services:tendered. Compensation .is indirectly
PJ"Ovided j.fit is paid to an entityother than the fndhdduaJ) 6pec.i litafly iH e"abange for services
pr.ovided by the individual. Thb res rietion do.es not . ohibit youfrom :acce{'t'ing compensation
frpm a di'vision or a.ffiliate 0'" b)(6) -that does not roduc:.e the same or
produt:ts' <lr services as the entity of b)(6) that is responsible for the
conot.raetwith which you are conneded. In tho even! you wani to' for another division, you
shOUld ask for another opinion regarding that l'fivis10n. .
Be a.dvised that emplQye:es duties involving a company-must be disqualifaxl from all
such duti,es, including decision rendering advic.e. makingrecommendations
l
and
monitoring contractor before begin io=seek employnient with tha.t c.ompany.
I,'
.::......:.:....-_----'-
------..-.........-----..l__..._-.....- ......- ......------...........
Cl.I-rrent government employees (including.tho.se ina tenn'inalleave status) are generally
prohibited by' 18 USC '203/205 from representiNg (through cOinlnt.'micatio:n Qr appearance) other
individual$, com aniesor entitie$ before, any FedeJilt 'agency. In the DoD
b)(6) issue(1.guidance tha.t 1* yC.6.QJ.t20S it "almost impossible;' fgr
,era . t ok.. Qro . ,,0 :'... .
from the government.
This opinioo addresseso.n1y re.strictions: thatmayapplY under 41 usc 423. Restrictions
under laWs (e.g:, 1'& USC 207) have'riOt inihis QptniOri. tD: pardfulat,
ae:ts contaloed in your letter su-ggest reltrfetlons of
Titlt 18, lJnited States Code, Sedrotf. 201(a)(1) andlor Z.Q7(a)(2)nlay apply t&,you
wUb respect to your tontem:plated employ:mcot'wltb ltolJs:Q.Qyce Liberty Works. ,..\1,60, the
no-contact period tout_iDed in is USC207(c) applies to 'you , The attached
paw.phlet is an explanation of }8 USC 207. For further infoanationor assistance in detemalnlng
what other restrktions may apply, . . !ohHlr or:ganlzatlon at
,I . .
Sincerelv
b)(6)
Pircctoi'
AttachmentS:
l. 'Yo\lrLtr. K;-7b)=(S:-)--I
2. t8l.)SC 207 Reql)est Fonnat
'j, One-Year No COntacrRule
DEPARTMENT OF THE ARMY
QflFICE QF tHE GElNERAL COUMSEL
1M ARMV PENTAGON .
WASHINGTON DO 2.0310-0104
September 12. 200a
Subject Post-(3overnment Employment Actvtce/Sectltm 847
__---J
aHumed tI'T$ position of t/'1e Iwhile. t
hD
oh leave
and after his retirement. In. vour Doaition s$the Kb)(6) (b)(6) I
for the Kb)(6)
lofthe
Kb)(6)
I
b)(6)
b)(6)
I Specific duties of your p(}Siticn as Kb)(6)
II Other duties Included Kb)(6)
Included development
b)(6)
Further YOU (b)(6)
I
i
heretn,
Kb)(6)
181\d provided
b)(6)
b)(6) I Your position Qe8cription is incorporated by reference
I
b)(6)
)(6)
vaue

Kb)(6) Iwere major subcontractors. on this contract. The
performance-based eontrac1 was to run for -a base year. with a.lx option years. This

. ;, .. "
__.......-....-_--_....__.........
I
-3
Qisildf.,lon. In rev'iewing the statement of work. the are
appllctlble to your post-Govcmment employment activIties with
2utYear "Cg9,lfng-Ofr' "mod lTitIfl18!.United llaft,Code$ec:tion 201{cU.
Your effective retirement date was JUl'1e 3
t
2oo8. Under 18. U.S.C. Z07(c)I you are
p.rohlbited for a oneyear PE!riod. effective yout retirement date, from
before any Army employee or officer on any matter. As disoussed in my previous letter,
you may not communicate'to or appear before' B'ny ArrrTy employee wlth the intent to
influence. on behalf of anVother person and In connection with any matter In
official action by an Army officer or employee is sought. Th'is period is designed to
prevetl\ any appearance that former senior officers are able to inflUence government
decision improperly beea'use of their former senior pOIttions. You note that,
unlike the proscriptions found in 16 U.S.C. 207(a)(1) and (a)(2), which pertal'n to
particular matters" 16 U.S.C. 201(c) pertains to any matter in which official action by
an Army officer or employee is sought.
This provision is very broad in its application as it relates to communications with
or appearances before For example, you wfll be unable to attend
meetings as a oonsultant which Army employe" are also In attendance,
even thoug.h you do not speak. You'are unable to sign emafls or I.etters, or make
te.lephone calls to Army employees, The proscription applies to Army per.sonnel and is
not limited to the Army workpla'ce.
The ban u.nder '18 U.S.C. 207ft) Is inapplicable, however, to an appearanoe or
communfcation Involvin.g purely social contacts. a reque$t for pubUcly available
docu.menta,.or a reque&t for pur&ly factual informatton or the supplying of such
ihfdrmation. 8:ehfnd-the-scenes. or in"house assistance to a private employer is legally
permissible. Although )Iou are unable to telephone, sign your nam$ to a letter
addressed to, or attend a meeting with, a G'overnment offtlZlal, yo.u may legally the
n.ame of the Government employee to call or write, .or with whtH'n to meet.
Based upon the above statement of work, it is not ,anticipated that you will
communicate with or appear before any Army employee'S or omcers. S ecificaUYI the
statement of work provides that you will not act as a direct agent for b)(6) with the
Custome.r, nor will you directly interlace with the Customer on b)(6) with regard
to any specific procurement without the prior, written consent You should be
mindful that. even though Kb)(6) Imay giVe you consent, the restrictions of 207(c) are
applicable for a one-year period.
Lff!ttlm, fig U.S.c. ZQ'll1J1l1l). As) noted in my previous opinJon, 18,
U.S.C. 207(a)(1) ptaces a permanent, life-time ban on employees of the Federal
government on "representation on particular matters." Specifically, the statute
.:;' j .. .... 'j,: ...':
prescr;beecriminal penalties for tlny or officer who, aft(:lt he terminates his
employment, knowingly makea, the intent to influence, any communlcaUon with or
appearance before any person emplQYed by the United States (except those'. employed
by the Legislative Branch), on behalf of. another in connection with D. perticular matter.
The particular matter must be one in which (a) the United States is a party and has.8
di.rect and substantial interest; (b) the personparlicipated personally and $Ubstantially
9S an employee or officer; and (c) involved a specific non-Federal party or parties at the
time of partrcipatioo, For the purpose of this . I
Kb)(6) Iand b)(6) I particular matters. Based upon the
information provided, you persoraUY jnd substantially participated in the contract
awarded toKb)(6) lin b)(6) Under this particular matter, Kb)(6) Iwas a
subeontractor. Lifetime refers to the lifetime of the particular matter. and, in thf$
circumstance. the contract has been terminated.
Two..'learBan (18 U.S.C. J. 2QTallZU, Further, you face atwo--year ban, under
the provisions of 18 U.S.C. 207(a){2), on attempting to influence Federat officials on
behalf of a entity on particular matters that were under your official
responsibility during yourlast year of Govemment service. The twowyear ban beg;ns to
run when you end your Federal service. Remember thIs ban Is applicable even if you
did not personally participate in the matter. Again, this ban applies to representlng
another party before the. United States al1dextends to all Federal employees, and
offlcel'$. Like the lifetime ban. this ban pertains. to pa.rticular matters. Mo.reover, this
ban applles even If you had no parsonal knowledge of a particular matter to which a
speoifio party was identified, as long a,s it was pending under your official res onsiblfity
during your last year with the Govemment We have been infor b)(6
awarded and/or administered a number of proeurement$ for 1he b)(6)
during the las.t year of your Federal service. Accordingly, these contracts would have
been under your official responsibility and you face a twowyear ban on representing any
non-Federal entity before any Federal emplovee or officer, Based upon the statement
ef work, this ban s.hould not affect your post.Government emp.IGyment activitIes
because It appears that you will be providing assistance.
Re,grelIltifto:D!l!lfgre CDngrt!l. With the exception of 18 U.S.C. 207(1)
(representing or aiding foreign entities) discussed in my prior letter, none of the
outlined above prohibit you from representing others before Congress.
C2mpe.nsation resttiction -18 U.S.C. 203. There is a prohibitIon against
sharing in any compensation for serviceG before the Government.
rendered personally by you or by a:nother ata time when the former-employee wa$ stUI
employed by the Government. Accordingly. after you reave Govemm6rtt servIce, you
may not acoept compensation for repreaentalional service&, which were provided by
anyone while you were a Government employee. before. a Federal agency or court
regarding partlcuear matters in which the Government was a party or had a substantial
Interest. This prohibition is applicable to.Y0u. Atthough It Is appticable to you. it pertains
to c.omp&nsatlon received for representational servIces. If you merely provide services
'-----------'
-5
directly do not represent it before any Federal officer or employee. then this
ban .is inappncab\e to your activities. upon the it appearsthat
you will not be providing representational services on be.half
Again, you are reminded that yo.u are precluded from using information gained
while employed by the Army 'that'is generally not available. to the public. (for example.
proprietary or source selection information.> If the use of'1hat "jnside
n
tn1ormalion wou)d
give you or anyone else an unfair financial or commercial advantage. Additionally, 18
U.S.C. 193 and 794 protect and prohibit the use or disclOQUre oftrade secrets.
confidential business Information, and elassifled information. Further restrIctions are
imposed by 10 U.S.C. 130.
My advice with raspect' to these matters is advisory only and is provided in
accordance with section 2635.101 of tine 6, Code of Federal Regulations end National
Defense Authori2st;on Act for FY 2008, Public Law 110-181, 847. I amprolllding this
advice in my official capadty, on behalf of the United Sta.tes, and not .as your
representative. Asnoted in the questionnaire. there (s no relationship
established between us. The information provided to me i$ not confidential and is
necessary to pro\llde written ethIcs advice. opinion is sufficient to meet the
requirements imposed l>y Section 847. l-may be reached 8tKb)(6) I
@hctda.army.mil.
Associat$ Deputy General Counsel
(Ethics & Fiscal)
DEPARTMENT OF THE ARMY
OFFlC! OF COUNSEL
104 ARM'I'PENTAGON
WASHINGTON DC 203'10-G1()4
Ootober 15. 2008
Subject: Post-Government Employment Restrictions/seotion 847
Dear _
The following advice is. tn response to. your request for a legal opinion on post
Government emplovment restrictions as they pertain to an 'appointment to
Kb)(6) JInoorporated. This opinion supplements my opinion,
Iand satisfies the requirement under National Defen.se
AcHor FY 2008, PIJblie Law 110181. Section 847.
Backaround. b)(6)
.
the b)(6)
in accordance with b)(6)
are serving
You have asked whether there are any os'tGovemm(!mt"employment
restrictions appllaabls"to your appointment 8S b 6
I You Jnformed us a-s-=fo-u-nd---;"'e--d"T 'I;:-t
varlet technical and rofessional su ort services to Federal to include
b)(6) Its on- and off...site servi'ces include
Kb)(6) I
Kb)(6)
Kb)(6) providesK=...lb)c>..::(6:.L) _

............. ........ ....IIIIIIIIIliII_---.
Di'CUIsion. As discussed in my prevIous letter to you, there is a wide array of
p()st..employment restriction.s that are applicable to former Government employees.
On" year "Cgo/lng-Oft' Period. Foremost. you should be mindful of the
year cooling off period Imposed by 18 U.S.C. 207(c). It prohibits you 'from
representing another before your former agency. in thls,instance the Department of
Defense (000), on any matt.r. During the first year after your departure from Fedl!ral
you may not communicate with or appe,ar before any DoD employee or officer,
with the intent to influence, on behalf of any other person and in connection with
matter in which official action Is sought. This period begins 1he affective date of your
retirement. This provision Is very broad in Its application as it relates to communloations
with 'or app.earances be.fore DoD emplovees. For example, you will be unable tb attend
meetings as a member of Kb)(6) l at which 000 employees are also in
attendance, even though you do not speak. You are unable to sign amaHs or letters,or
make cafls to DoD ernployee$ or offioers. The proscription applies to DoD
pers.onnel and is not limited to the DoD or In-hous.e
assrstanC& is legally permissible.
As you noted in your tetter Of b) 6 are not
tas'ked with interacting with b)(6) customers or Federal employee$" Accordingly,
the restrictions in 18 U.S.C. ,207(a)(1') ,at&Jnapplicableto your prospective duties as
described. You shoUld be mindfUl of written work product, containing your name, Which
may be disseminated to customers or Federal employees.
Ufttlm, bllll. Title 18. U.S.C. 207(a)(1) places a permanent, life-time ban on
employees of the, Federal government on "representation on particular matters."
Specifically, the s,latute prescribes eriminal penalties for any empl.oyee or officer who,
after he terminates his employment, knowingly makes, with the intent to any
communicatloh with or appearance before any person employed by,the United States.
on behalf of another in connect,on with a particular matter. The partioular matter must
, be one in which (a) the United States is a party and has a direct and substantial Interest;
(b) tile person participated pentonally and substantially as an ,employee or officer; and
(c) Involved a specific non-Federal p"arty or parties atttte time of such participation. The
term does not encamps." any -matter before the Government; only those matters
that fIrlse to psl'ticul., matte,...
The ban at 1'8 U.S.C. 207(8)(1) ia inapplloable to your post-G,overnment
employment activities unless you make representations baokto the Government' on the
'same mette-r Involving speolfionon-Fcederal parties that you. acted upon when
you were in Governmeht service. This ban is applicable to repre$entatlon$ befor& any
Federal employee or officer. It.is not limited to before DoD personnel.
For the Jjfetimeban to apply, the particular matter first must il'\volve a specific non

.
' ..
.....--_..._---_.
-3
Federal party, although such parties may change. Usually. rulemaking or g.eneral poKey
formulation is not covered unless such rulemaklng or formulation on I
identified parties. Again
l
since you wUl not be before
any Federal employee or officer, this restriction 1$ inapplicable to your appoin1ment.
TWO-Ylarb!Q. Also, as discussed in my previous letter, 18 U.S.C. 207(a)(2)
places a ban on attempti'ng to influence Federal officials on of another
on matters that were under an employee'$ official responsibility dUIi"ng' you.r last year of
Government service. The ban begins to run when Federal service termlnates
and applies even if the former employee 'did not personally participate in the particular
matter. Again, this ban applies torepre.ssnting another party before the United States,
With the intent 'to influence and It pertains to particular matters that were under your
official responsibility during the last year of your rederal service. 'You be
cautious in your postGovemment employment activities in regards to this ban. It
applies even if you had no personal knowledge of a partIcular matter to which a speCific'
party was identlfled; as long as it waspendrng under you.r offici'al responsfbiJity during
your last year wlth the Governn'lent (5 C. F. R. 2637.202(b}(4. Behind-the-scenes or
inhouse assistance is legally permissible. As with the lifetime ban, the twoyear ban is
applicable only if the mstter is a particular matteI, Which invoIY$s a specific non.. Federal
party Of parties. Also, this restriction is inapPlirble to 00ur appointment as a member
of the Board since you will not be representing b)(6) before any Federal employee or
officer.
My advice wIth. respect to. these matters is ad\lis.ory only and is provided in
aocordance with section 2635.. 107 of title 5. Code .of Federal RegUlations. J am
providing this advice in myofi'icfat capacity, onbehatf of the United States, and not as
your representative. The information provided to me is not confldentJal and is .
'necessary to provlde written ethics Thi.s opinion is sufficient to meet the
re.quirements imp.oeed by Section 847 for this position. A$ noted above, if you
contemplate emplovment With another defense oontractor within two years after your
Federal service terminated, you to request another ethics. opinIon. I may be
reached Ihqda.army,mit.
Sinoerelv.
b)(6)
Deputy General Counsel
(Ethics &Fiscal)


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