POST-EMPLOYMENT RESTRICTIONS

SEC. 814. POST-EMPLOYMENT RESTRICTIONS (a) Clarification.—(1) Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423) is amended— (A) by inserting “, except as provided in subsection (c)” in subsections (a)(1) and (b)(1) before the semicolon; (B)(i) by redesignating subsections (p through (n) as subsections Q) through (p), respectively; and (ii) by redesignating subsections (c) through (i) as subsections (d) through (j), respectively; and (C) by inserting after subsection (b) the following new subsection (c): “(c) Recusal.—(1) A procurement official may engage in a discussion with a competing contractor that is otherwise prohibited by subsection (b)(1) if, before engaging in such discussion— “(A) the procurement official proposes in writing to disqualify himself from the conduct of any procurement relating to the competing contractor (i) for any period during which future employment or business opportunities for such procurement official with such competing contractor have not been rejected by either the procurement official or the competing contractor, and (ii) if determined to be necessary by the head of such procuring official’s procuring activity (or his designee) in accordance with criteria prescribed in implementing regulations, for a reasonable period thereafter; and “(B) the head of that procuring activity of such procurement official (or his designee), after consultation with the appropriate designated agency ethics official, approves in writing the recusal of the procurement official. “(2) A procurement official who, during the period beginning with the issuance of a procurement solicitation and ending with the award of a contract, has participated personally and substantially in the evaluation of bids or proposals, selection of sources, or conduct of negotiations in connection with such solicitation and contract may not be approved for a recusal under paragraph (1) during such period with respect to such procurement “(3) A procurement official who, during the period beginning with the negotiation of a modification or extension of a contract and ending with— “(A) an agreement to modify or extend the contract, or “(B) a decision not to modify or extend the contract, has participated personally and substantially in the evaluation of a proposed modification or extension or the conduct of negotiations may not be approved for a recusal under paragraph (1) during such period with respect to such procurement. “(4) A competing contractor may engage in a discussion with a procurement official that is otherwise prohibited by subsection (a)(1) if, before engaging in such discussion, the procurement official has been recused in accordance with this subsection. “(5) Regulations implementing this subsection shall include specific criteria to be used in making determinations and approving recusals under paragraph (1).”. (2) Subsection (0 of such section (as redesignated by paragraph (1)(B)) is amended— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; 103 STAT. 1496 (B) by striking out “Restrictions on Governmental Officials and Employees.—No” and all that follows through “shall—” and inserting in lieu thereof “Restrictions Resulting From Procurement Activities of Procurement Officials.—(1) No individual who, while serving as an officer or employee of the Government or member of the Armed Forces, was a procurement official with respect to a particular procurement may knowingly—”; and (C) by adding at the end the following new paragraph: “(2) This subsection does not apply to any participation referred to in paragraph (1)(A) or (1)(B) with respect to a subcontractor who is a competing contractor unless— “(A) the subcontractor is a first or second tier subcontractor and the subcontract is for an amount that is in excess of $100,000; “(B) the subcontractor significantly assisted the prime con-tractor with respect to negotiation of the prime contract; “(C) the procurement official involved in the award, modification, or extension of the prime contract personally directed or recommended the particular subcontractor to the prime con-tractor as a source for the subcontract; or “(D) the procurement official personally reviewed and approved the award, modification, or extension of the subcontract.”. (3) Such section is further amended by inserting after subsection (j) (as redesignated by paragraph (1)(B)) the following new subsection: “(k) Ethics Advice.—(1) Regulations implementing this section shall include procedures for a procurement official or former procurement official of a Federal agency to request advice from the appropriate designated agency ethics official regarding whether such procurement official or former procurement official is or would be precluded by this section from engaging in a specified activity. “(2) A procurement official or former procurement official of an agency who requests advice from a designated agency ethics official pursuant to paragraph (1) shall provide the agency ethics official with all information reasonably available to the procurement official or former procurement official that is relevant to a determination regarding such request. “(3) Not later than 30 days after the date on which the appropriate designated agency ethics official receives a request for advice pursuant to paragraph (1) accompanied by the information required by paragraph (2), or as soon thereafter as practicable, the official shall issue a written opinion regarding whether the requesting procurement official or former procurement official is precluded by this section from engaging in the specified activity.”. (4) Subsection (o) of such section (as redesignated by paragraph (1)(B)) is amended to read as follows: “(o) Implementing Regulations and Guidelines.—(1) Government-wide regulations and guidelines appropriate to carry out this section shall be included in the Federal Acquisition Regulation. “(2) Regulations implementing this section shall— “(A) define the term ‘thing of value’ for the purposes of this section and shall include a single uniform Government-wide exclusion at a specific minimal dollar amount; and “(B) authorize the delegation of the functions assigned to designated agency ethics officials under this section. 103 STAT. 1497 “(3) Notwithstanding sections 6 and 25 of this Act, on and after June 1, 1990, the Director of the Office of Government Ethics shall have the responsibility for issuance, modification, or termination of Government-wide regulations implementing paragraphs (1) and (2) of subsection (a), paragraphs (1) and (2) of subsection (b), subsections (c), (f), and (k), and paragraph (2) of this subsection. The Director shall exercise such responsibility in coordination with the Federal Acquisition Regulatory Council.”. (b) Definitions.—Subsection (p) of section 27 of such Act (as redesignated by subsection (a)(1)(B)) is amended— (1) in paragraph (I), by striking out “with the development, preparation, and issuance of a procurement solicitation,” and inserting in lieu thereof “on the earliest specific date, as determined under implementing regulations, on which an authorized official orders or requests an action described in clauses (i)–(viii) of paragraph (3)(A),”; (2) in paragraph (3), by striking out subparagraph (A) and inserting in lieu thereof the following: “(A) The term ‘procurement official’ means, with respect to any procurement (including the modification or extension of a contract), any civilian or military official or employee of an agency who has participated personally and substantially in any of the following, as defined in implementing regulations: “(i) The drafting of a specification developed for that procurement. “(ii) The review and approval of a specification developed for that procurement. “(iii) The preparation or issuance of a procurement solicitation in that procurement. “(iv) The evaluation of bids or proposals for that procurement. “(v) The selection of sources for that procurement “(vi) The conduct of negotiations in the procurement, “(vii) The review and approval of the award, modification, or extension of a contract in that procurement. “(viii) Such other specific procurement actions as may be specified in implementing regulations.”; and (3) by adding at the end the following new paragraph: “(8) The term ‘designated agency ethics official’ has the same meaning as the term ‘designated agency official’ in section 209(10) of the Ethics in Government Act of 1978 (92 Stat. 1850; 5 U.S.C. App.).”. (c) Technical and Conforming Amendments.—Such section is further amended— (1) in subsection (e) (as redesignated by subsection (a)(1)(B))— (A) by striking out “(c), or (e)” in paragraph (1)(A)(i) and inserting in lieu thereof “(d), or (f)”; (B) by striking out “(c), or (e)” in paragraph (1)(B)(u) and inserting in lieu thereof “(d), or (f)”; (C) by striking out “(c), or (e)” in paragraph (2)(A) and inserting in lieu thereof “(d), or (f)”; (D) by striking out “(c), or (e)” in paragraph (3)(A) and inserting in lieu thereof “(d), or (f)”; and (E) by striking out “subsection (m)” in paragraph (7)(B)9ii), and inserting in lieu thereof “subsection (o)”; 103 STAT. 1498 (2) in paragraph (1) of subsection (g) (as redesignated by subsection (a)(1)(B)), by striking out “subsection (m)” and inserting in lieu thereof “subsection (o)”; (3) in subsection (h) (as redesignated by subsection (a)(1)(B))— (A) by striking out “subsection (d)” in paragraph (1) and inserting in lieu thereof “subsection (e)”; (B) by striking out “(b) or (c)” in paragraph (2) and inserting in lieu thereof “(b) or (d)”; and (C) by striking out “(h) and (i)” in paragraph (3) and inserting in lieu thereof “(i) and (j)”; (4) in subsection (i) (as redesignated by subsection (a)(1)(B)), by striking out “(c), or (e)” and inserting in lieu thereof “(d), or (f)”. (5) in paragraph (1) of subsection (j) (as redesignated by subsection (a)(1)(B))— (A) by striking out “subsection (n)” and inserting in lieu thereof “subsection (p)”; and (B) by striking out “subsection (m)” and inserting in lieu thereof “subsection (o)”; and (6) in subsection (1) (as redesignated by subsection (a)(1)(B))— (A) by striking out “subsection (b)” in paragraph (1) and inserting in lieu thereof “subsections (b), (c), and (e)”; and (B) in paragraph (2)— (i) by striking out “subsection (b)” and inserting in lieu thereof “subsections (b), (c), and (e)”; and (ii) by striking out “(c), or (e)” and inserting in lieu thereof “(d), or (f)”. (d) Waiver of Certain Restrictions on Former Government Personnel.—(1) Subsection (f) of section 27 of the Office of Federal Procurement Policy Act, as redesignated and amended by subsection (a), is further amended by adding at the end the following: “(3) (A)(i) The President may grant a waiver of a restriction imposed by paragraph (1) (relating to postGovernment service employment) to an officer or employee described in subparagraph (B) if the President determines and certifies in writing that it is in the public interest to grant the waiver and that the services of the officer or employee are critically needed for the benefit of the Federal Government. Not more than 25 officers and employees currently employed by the Government at any one time may hold waivers under this subparagraph. “(ii) A waiver granted under this subparagraph to any person shall apply only with respect to activities engaged in by that person after that person’s Government employment is terminated and only to that person’s employment at a Government-owned, contractor operated entity with which the person served as an officer or employee immediately before the person’s Government employment began. “(B) Waivers under subparagraph (A) may be granted only to civilian officers and employees of the executive branch, other than officers and employees in the Executive Office of the President. “(C) A certification under subparagraph (A) shall take effect upon its publication in the Federal Register and shall identify— “(i) the officer or employee covered by the waiver by name and by position, and “(ii) the reasons for granting the waiver. A copy of the certification shall also be provided to the Director of the Office of Government Ethics. 103 STAT. 1499 “(D) The President may not delegate the authority provided by this paragraph. “(E)(i) Each person granted a waiver under this paragraph shall prepare reports, in accordance with clause (ii), stating whether the person has engaged in activities otherwise prohibited by this section for each six-month period described in clause (ii), and if so, what those activities were. “(ii) A report under clause (i) shall cover each six-month period beginning on the date of the termination of the person’s Government employment (with respect to which the waiver under this paragraph was granted) and ending two years after that date. Such report shall be filed with the President and the Director of the Office of Government Ethics not later than 60 days after the end of the six-month period covered by the report. All reports filed with the Director under this subparagraph shall be made available for public inspection and copying. “(iii) If a person fails to file any report in accordance with clauses (i) and (ii), the President shall revoke the waiver and notify the person of the revocation. The revocation shall take effect upon the person’s receipt of the notification and shall remain in effect until the report is filed, “(iv) Any person who is granted a waiver under this paragraph shall be ineligible for appointment in the civil service unless all reports required of such person by clauses (i) and (ii) have been filed. “(D) As used in this paragraph, the term ‘civil service’ has the meaning given that term in section 2101 of title 5, United States Code”. (2) Section 207 of title 18, United States Code, is amended by adding at the end the following: “(k)(1)(A) The President may grant a waiver of a restriction imposed by this section to any officer or employee described in paragraph (2) if the President determines and certifies in writing that it is in the public interest to grant the waiver and that the services of the officer or employee are critically needed for the benefit of the Federal Government. Not more than 25 officers and employees currently employed by the Federal Government at any one time may have been granted waivers under this paragraph. “(B) A waiver granted under this paragraph to any person shall apply only with respect to activities engaged in by that person after that person’s Federal Government employment is terminated and only to that person’s employment at a Government-owned, contractor operated entity with which the person served as an officer or employee immediately before the person’s Federal Government employment began. “(2) Waivers under paragraph (1) may be granted only to civilian officers and employees of the executive branch, other than officers and employees in the Executive Office of the President. “(3) A certification under paragraph (1) shall take effect upon its publication in the Federal Register and shall identify— “(A) the officer or employee covered by the waiver by name and by position, and “(B) the reasons for granting the waiver. A copy of the certification shall also be provided to the Director of the Office of Government Ethics. “(4) The President may not delegate the authority provided by this subsection. 103 STAT. 1500 “(5)(A) Each person granted a waiver under this subsection shall prepare reports, in accordance with subparagraph (B), stating whether the person has engaged in activities otherwise prohibited by this section for each six-month period described in subparagraph (B), and if so, what those activities were. “(B) A report under subparagraph (A) shall cover each six-month period beginning on the date of the termination of the person’s Federal Government employment (with respect to which the waiver under this subsection was granted) and ending two years after that date. Such report shall be filed with the President and the Director of the Office of Government Ethics not later than 60 days after the end of the six-month period covered by the report. All reports filed with the Director under this paragraph shall be made available for public inspection and copying. “(C) If a person fails to file any report in accordance with subparagraphs (A) and (B), the President shall revoke the waiver and shall notify the person of the revocation. The revocation shall take effect upon the person’s receipt of the notification and shall remain in effect until the report is filed. “(D) Any person who is granted a waiver under this subsection shall be ineligible for appointment in the civil service unless all reports required of such person by subparagraphs (A) and (B) have been filed. “(E) As used in this subsection, the term ‘civil service’ has the meaning given that term in section 2101 of title 5.”. (e) Implementing Regulations.— Not later than 90 days after the date of the enactment of this section, regulations implementing the amendments made by this section to the provisions of section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423) shall be issued in accordance with sections 6 and 25 of such Act (41 U.S.C. 405, 421), after coordination with the Director of the Office of Government Ethics.