[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2635.605]

[Page 562]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2635--STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE 
BRANCH--Table of Contents
 
                   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 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]