POST-EMPLOYMENT RESTRICTIONS ON GOVERNMENT PERSONNEL -- THE ETHICS IN GOVERNMENT ACT OF 1978

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83-00156R000300020029-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 15, 2016
• Document Release Date: October 7, 2003
• Sequence Number: 29
• Publication Date: January 17, 1979
• Content Type: MEMO

` Approved Fo.lease 2004/01/2
Unfired Stares Government
MEMORANDUM
vaisa.c J&
17 ?, i9 lq
5 ;ect: Post-Employment Restrictions on Government Date:
Personnel -- The Ethics in Government Act of 1978 In Reply Refer To:
The Director, Office of Government Ethics
Heads of Departments, Independent Agencies and
Government Corporations
The Office of Government Ethics intends to propose promptly
regulations giving guidance on Title V of the Ethics in Government Act
of 1978 (the "Act"), entitled "Post-Employment Conflicts of Interest.
Executive agencies have administrative enforcement responsibility
under Section 501(j) of the Act.
Accordingly, pursuant to Sections 403 and 402(c) of the Act, I
request that each executive agency transmit to me in written form
its comments on those matters which are of concern to it in connec-
tion with the formulation of the proposed regulations. This may take
the form of specific proposed regulatory language or specific problems
which should be treated or accommodated by regulation. In the latter
case, it is strongly recommended that factually detailed examples be
submitted so that we are properly educated as to real-world factors
which must be considered. Each response should also designate a
point of contact.
It is important that this title be effectively enforced, while at
the same time avoiding unnecessarily severe applications which do
not serve its purpose but adversely affect the government's ability
to attract and retain employees, and, consequently, the achievement
of its programs. I know that the formulation of balanced rules is of
great concern to all government agencies.
Without in any way trying to restrict suggestions, I have attached
a list of questions and topics to which your staffs might give attention.
Although this is the kind of matter which may appropriately be assigned
to each agency's general counsel, I would recommend that, in addition,
the views of managers and others in various areas be sought, inasmuch
as we have seen some of the most valuable observations and problems
articulated by those who have firsthand exposure. Those who manage
or have official responsibility for technical programs appear to be
particularly affected.
CON i0t-57-T
OP'.1 Form oat
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Responses should be submitted by January 26, 1979. Because
of the need, in fairness, to apprise current employees as to their
obligations as rapidly as possible, we believe that every effort should
be made to meet this deadline.
Bernhardt K. Wruble
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Questions and Topics Relating to the Post-Employment
Restrictions of the Ethics in Government Act of 1978
[Note: It is not intended that agencies confine themselves to these
questions or answer all of them. We urge agencies to present their
own problems in their own way. However, those marked with an
asterisk should be addressed. ]
1. Terms which may benefit from regulatory definition or examples:
a. "Participated personally and substantially"
o For example, does an official so participate with respect
to each item in a budget he approves? If the item is not
a "line item"? What if the agency has procedures for
making certain budget items into "issues, " and the item
is not made an issue?
b... "Actually pending under his official responsibility"
(See 18 U. S. C. ? 203)
c. "Intent to influence"
d. "Particular matter involving a specific party.
o What are instructive examples of matters not included
in this definition? (Possible examples: decisions on
such matters as formulation of regulations, procedures
and generally applicable policy; participation in the form-
ulation of scientific or engineering concepts, feasibility
studies, or proposed programs prior to the formulation
of a contract. ) Matters that are?
*2. What types of positions in your agency should not be designated
by the Director pursuant to Section 501(d)(2) [18 U. S. C. ? 207
(d)(2)]?
3. What tests should govern the designation of a "separate
department or agency" under Section 501(e)? Examples in
your own agency?
-4. The exemption for scientific and technological information
contained in Section 501(f) was described by one of its legis-
lative sponsors as "essential to preserve the free flow of
scientific expertise from industry to the government."
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6.
What guidelines could be established to separate communi-
cations or advice designed to determine and supply technical
information which the government needs (for example, identifying
deficiencies in system design or performance and offering
solutions) from that aimed at promoting a product or at how to
"play the government"? When cost information is directly tied
to technical alternatives, may it be provided under this exemp-
tion? When may it not be provided? What examples may
illustrate how to draw lines?
The foregoing exemption refers to "procedures acceptable to
the department or agency concerned. " What procedures are
appropriate?
In connection with the exemption in Section 501(f) involving
certification of certain individuals, would it be desirable to
establish a registry for current employees and their areas
of expertise to insure that if this exemption is used, there
is some regularity in procedure? What procedure and tests~
might be employed in explicating the factors set forth in the
Act?
.What basic elements should be incorporated into the procedures
required to be established by Section 501(j)?
8. What are examples of prohibited activities which should be
specially emphasized to give guidance? What types of border-
line cases need review?
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Approved For Release 2004/01/29 : CIA-RDP83-00156R000300020029-2