[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2635.605]

[Page 577-578]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2635_STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH--
 
                   Subpart F_Seeking Other Employment
 
Sec.  2635.605  Waiver or authorization permitting participation while seeking 

employment.

    (a) Waiver. Where, as defined in Sec.  2635.603(b)(1)(i), an 
employee is engaged in discussions that constitute employment 
negotiations for purposes of 18 U.S.C. 208(a), the employee may 
participate personally and substantially in a particular matter that has 
a direct and predictable effect on the financial interests of a 
prospective employer only after receiving a written waiver issued under 
the authority of 18 U.S.C. 208(b)(1) or (b)(3). These waivers are 
described in Sec.  2635.402(d). See also subpart C of part 2640 of this 
chapter. For certain employees, a regulatory exemption under the 
authority of 18 U.S.C. 208(b)(2) may also apply (see subpart B of part 
2640 of this chapter).

    Example 1: An employee of the Department of Agriculture has had two 
telephone conversations with an orange grower regarding possible 
employment. They have discussed the employee's qualifications for a 
particular position with the grower, but have not yet discussed salary 
or other specific terms of employment. The employee is negotiating for 
employment within the meaning of 18 U.S.C. 208(a) and Sec.  
2635.603(b)(1)(i). In the absence of a written waiver issued under 18 
U.S.C. 208(b)(1), she may not take official action on a complaint filed 
by a competitor alleging that the grower has shipped oranges in 
violation of applicable quotas.

    (b) Authorization by agency designee. Where an employee is seeking 
employment within the meaning of Sec.  2635.603(b)(1) (ii) or (iii), a 
reasonable

[[Page 578]]

person would be likely to question his impartiality if he were to 
participate personally and substantially in a particular matter that has 
a direct and predictable effect on the financial interests of any such 
prospective employer. The employee may participate in such matters only 
where the agency designee has authorized his participation in accordance 
with the standards set forth in Sec.  2635.502(d).

    Example 1: Within the past month, an employee of the Education 
Department mailed her resume to a university. She is thus seeking 
employment with the university within the meaning of Sec.  
2635.603(b)(1)(ii) even though she has received no reply. In the absence 
of specific authorization by the agency designee in accordance with 
Sec.  2635.502(d), she may not participate in an assignment to review a 
grant application submitted by the university.

[57 FR 35042, Aug. 7, 1992, as amended at 62 FR 48748, Sept. 17, 1997; 
64 FR 13064, Mar. 17, 1999]