The following three criminal statutes place restrictions on Federal employees who engage in outside activities:
Section 203, title 18, United States Code, prohibits you from receiving compensation for representing another in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular matter in which the United States is a party or has a direct and substantial interest, before any court or any Federal department or agency.
Section 205, title 18, United States Code, prohibits you from:
- acting as agent or attorney, with or without compensation, in the prosecution of any claim against the United States;
- receiving any compensation for assistance in the prosecution of any claim against the United States in relationship to any matter pending before the Government while you were a Federal employee*; or
- acting as agent or attorney, with or without compensation, in connection with any covered matter in which the United States is a party or has a direct and substantial interest. (A "covered matter" includes any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter.)
Section 208, title 18, United States Code, prohibits you from participating personally and substantially, as a Government employee, in any particular matter in which, to your knowledge, a financial interest is held by:
- you;
- your spouse;
- your minor child;
- your general partner;
- any organization in which you are serving as officer, director, trustee, general partner, or employee; or
- any person or organization with whom you are negotiating or have any arrangement concerning prospective employment.
This participation prohibition not only covers such items as contracts, grants, cooperative agreements, and claims, but also includes legislation and policy-making that is focused upon the interests of specific persons, or a discrete and identifiable class of persons. This prohibition is not on having a specific financial interest, but rather on the work that you may perform as a Federal employee.
*This restriction should be taken into account in any post Federal employment partnership agreement