nOf the provision of this \etter•.

creates an relationship between you\and
an attorney rendering such 8.dviCEl.
b)(6) since b)(6 ·Prlor to
that date, you Sjrved as b)(6). since your appoin"tment Oh
a Presidential appointment that did not require Senate confirmation.
You served concurrently in that position while servlngasKb)(6) . I In both of
these positions you were a member of the Senior Executive Service.
You will terminate your current position b)(6)
you intend to s18rt your new aa a )(6)
. (b)(6) on or :":":"":::'1
contrsctor with the Army, DoD, and other militalY departments, You signed a Notice of
Disqualification memorandum on Kb)(6) Ilndtcating that you intended to seek
employment with Kb)(61 rhave met w.ith you several times on post-Government
employmen1lssues, starting in Ja.nuary 2009, The information you have provided
dUring these meetlng.s, plus positiOn desOriptions, statutory requirements. and HQOA
Genere.1 Order (G.O.) No.3, 9 July 2002, provIde the factual basis for this opinion.
Dls£ys,loD, Once an Individual has left Government Servi·C0, there is a wide
array of post-employment restrictions that ate applicable to former Govemment
employees. The fOllowing is a synopsis of these applicable restrictions.
lltl" 18.. United Sytes:C0d.el Ses;,tlqn 207 Ii' U.3&.1 207). The primary
source of post-Government employment restrlttions "for former Federal employees or
officers is found at 18 U.S.C. § 207. The Intent·oflhis statute is to prevent former
Government employees or offIcers from exerting undue influence gamed from
Govemment employment and usloglnformatlon ga·lnec;l While workil"l.9 for the
Govemment to unfairly benefit a new employer. Willie none of the provision, bar any
lm.fividual. regardJess of rank or position, from ·aeoepting employment with any
private or pUblic employer after Government sarvle-e,·sectlon 207
Individuals from engaging· In certain on behalf of persons orentltJ"es
other than the United States, whether or not dcme for compensation. These
statutorily restricted activities are representatlonsof other entities before United States
officials; None of the section 201 restrictlon-sbar setf...representatlon.
Li,f!tlmG!l.i!Q. Title· 15, U,S.C. § 207(a), places a PEtrmanent, life-time ban on
emplQyees of the Federal govemment on "representatIon on parUcularmatters."
Specfflcally, the statute prescribes criminal penalties for any employee or officer who,
after he terminates his employment, knowingly makes
l
. with theintent"to influence, any
communication with or sppearance before any person employed by the United Slates,
on behalf of another ih connection with s partlcular matter. The matter must
be one in which (a) the United·States Is a party or has a dIrect and subsfaofial interest;
.. ,"'.' .. :
. :" "
CREW v. DOD MAY2013 RELEASE 000181
(b) the parson participated personally and substantlally as an employee or offioer; and
(c) there was a specific party involved at the time of participation.
"'rhe term "partlcular matter·· includes any investigation. application, request
for a ruling or delermh1atlon I rulemaking. contract. r..ontro.versy. claim, charge,
aeeusattoo
t
arrest, or judicial or other proceeding. GeneraltuJe"maklng' 'S usually
excluded from the term "partioular rnafter,1O since general n,l.le-maki'ng seldom. Involves
speciftc parties. Consequently, it ie possible that an employee who participated in a
rule-making whlle employed by the Government will. after leavIng Government service,
be able to appear before his former agency concerning the applicat10n of the rure to his.'
new private sector employer without violating tHe Iifetfme restrictions. The term does
not encompass any matter before the G.overnment; only those matters.that arise to
particular matters, The provision further requires that ·an employee's official
partIcipation in a particular matter must have taken place at atime when the matter
Involved'a specific' non",Federal party (orpartf'es) aAd also Involve such B party or
parties at the time of the p:roposed representation, although these can be different
parties. Finally, the restriction remains for the /lfe.ttme ofth·e parttcutar matter. For
example, when a contract Is re-oompeted and awarded, the new contract is generally
considered a new parttcular matter.
To participate means directly, and includes participation of a
subordinate If actu.ally directed by you in the matter.
To participate lIsubstantlally" means that your invorvement Is of significance to
the matter. or forms a basis for a reasonable appearance of such significance, It
reqUires more than official responsibility, knowledge, perfunctory or
involvement on B.n administrative or peripheral iesue. A finding of substanti'ality may be
based not only on the effort devoted to a matter, but on the importance ofthe effort..
While a series 'of peripheral Involvements may be Insubstantial, the sing.le act of
approving' may be substantial. In add·ltlonto ·may also be
considered "substantial I .. such as partl.clpatlon In a critIcal step.
,Appearance and Communication. These are the terms contemplated by the
act of represerita1ion, which should not be considered a formal representatIon QS when
an attorney repre·sents a client A occurs when you Impart or- transmit
rnformatlon of any kind -- includlngfacls., opinions, ideas, questions'or direction .- to an
of the United states, whetherarally, in writtenoorrespondence, by electronIc
media, or by any other means. Thl$ 'includes those communieations with respeot to
whfch you intend th8.t the Information conveyed will be attributed to you, although it is
not necessary that any employee: of the United actually ·recognlze you as th'e
source afthe Information. An appearance occurs when you physically present yourself
an employee of the United states, in either a formel or Informal setting. Although
an appearance also may be accompanied by certain communications. an appearance'
need not involve' any communicatttm by you. Me.re presence in a meeting may be
considered an appearance. Behlndwthe..scenes or In-house assistance to a private
:,.' • ":'1' ••••• ;.' . .... .
CREW v. DOD MAY2013 RELEASE 000182
employer is legally permissfble. Although you are unable to telephone. sign your name
to a letter addressed to, or attend a meeting with, a Government official, you may legally
teU your employer the name of the Government empl,oyee to call or write, or with whom
to meet.
The restriction prohibits only those communications and appearances that are
made "with the Intent to loflu8n,ce," which include any that may be interpreted as an
attempt to persuade a Federal employee to take action. An "intent to influence" may
be found if the communication or appearance is made for the purpose' of seekIng a
discretionary Government ruling, benefit, approval, or other action, or is made for the,
purpose of influencin,g GovemmeAt action In connection with a matter whi,ch the former
employee knows involves an appreciable erement of dIspute concerning the particular
Governm.ent action to be taken. Acc:ordingly, the restriction is inapplicable to a
communi'cation or appearance inv.olvlng purely social contacts. a request for publicly
avaitable doouments, or a request'for purely factual information or the supplying' of such
information.,
The communication or appearanC$ must be made on ,b<thalf of someone else.
You mayalway.s represent yourself. Note that the restriction does not apply to
communications or appearances before Congress.
Applicability of 18 U.S,C. § 2Q7(ft){1) to vgyr prQsp§"tlve
Although you noted during our dIscussions that you never performed any functions in
Government contracting or acquisition, you personally and substantially participated in
certain parUcular matters.
Based on your duties in the various positIons described here. you personally and
substantially participated In the following particular matters:
b)(6)
:.' ",
CREW v. DOD MAY2013 RELEASE 000183
Accordingly, the ban of 18 USC 207(a)(1') is applicable to you as a
Kb)(6) lso you may not the lifetime of the particular matters at
a. and b., above. You are prohibited from representing any other non-Federal entity
(not just the pr1me or sub..contaetol'5 associated with these actions) before any
Executlve (or Judici·al) Branch employee.
Please note· that this list in not meant to be exclusiv.e or exhaustive. There may
bEt other particular matters In which you personally and substantially participated. You
should be sensitive to other matters in which you personally particJpated and bring· them
to our attention for further and analysis.
Two·v!sr ban. Under the provisions of 18 U.S.C. § 207(8)(2), you have a two-­
year ban on attempting to h"ifluenca Federal officials on behalf of another on particular
matters that were under your official responsibility during your rast year of Government
service. The two-year ban begins to tun when your Federal employment torminates
and applies even if you did not personally· participate In the matter. As with section
207(a)(1). this ban appfie:s to representIng another party before the Unltad States with
intent to influence, Behind-the-scenes or i""house assistance Is legally pennlssible.
"Official responsibility" Is defined as· the direct admInistrative or operating
authority. whether intermediate or final, and either exercfsable atone or with others, to
approve
l
disapprove, or otherwise dIrect Government action. Accordingly, a matt.er is
under your "official responsibllily"if you had the power, either directly·or through a
subord.inate, to approve, disapprove, or othe.rwise dIrect a Govemment action. Those
areas assigned by statute, regulation. executive order'. ot Job description usually
determine the scope of an employee's official responsibility. All particular matters under
consideration in an agency are official responslbillty Of the agency head, and
each is under that of anyintermedia1e supervisor having responsibfllty for the actiVities
of a subordinate employee who actually participates in the m.atter.
A matter was "actuany pending" under s former employee's official
responsibility If the matter was In fact referre·d to or under consideration by perso·ns
the employee'S area of responsibility. It Is importan.t to n()(e that unlike sectIon
207(a)(1), this restriction Is triggered simply by virtue of the fact that the particular
matter was pending under your official responsiblllty.
Apgli:cabmty of 18 U.S.C. § 207(al!2) to your pro§geQtlve emplQyment, You
should be cautious In your post-G.ovemment employment activities In reg·srds to this
particular ban. This bail applies evenlfyou had no personal knowledge of a parUcular
matter to which a specific party was identified. as long as it was pendfl"lg under your
official responsibility during your last year with the Government (5 C. F. R. §
2637.202(b)(4».
OrdInarily, the scope of an employee's official responsibility ts determined by
those functions assigned by statute, Executive order, jOb desc.ription, or
CREW v. DOD MAY2013 RELEASE 000184
delegation of authority. All particular matters under consideration in an agency are
under the official responsibility of the agency head and each is under that of any
intermediate supervisor who supervises a person,inctudlng a subordinate" who actually
particlpales in the matter or who has beensssigned to participate In the matter within
the scope of his official duties. In your situation. you aCtually performed duties in two
different positions during your last year of Federal service: Kb)(6) Iand
I As such, ban Is applicable to all partIcular matters under
your official responsibility durihg your tenure asKb)(6) land I
In 'the role !you had defined statutory authorities and
responslblllties under 10 a.e.c; §§3016 and 3022. G.O. No.3 also delineates speclflc
functions of the I Your role as b)(6) was derivative of the
r
b
)(6) land of b)(6) duties delegated to you by the
I Ithen In that posItion. '
The difference between the two year officIal responsibility ban and the lifetime
baols that tha lifetime ban involves matters in which you personally and SUbstantially
participated, while the two year official responsibility ban does not.
__ e'jamPle. the ex'isting Ito Ito '
particular matter that was under you.r official responsibllityas
Kb)(6) Iand Kb)(6) . Iduring your last year of Government service e.uld in
whIch you dfd not partiCipateKpejonall
Y
and sUbstantially Accordingly. you are
prohlpitetl from representing b)(6 (or any oth r non.. ederal entity) on this particular
matter for a MO year period beginning onL-
b
L-)(6--'-) --J

IPrior to your leaving office, a prlot demonstratIon was '
developed to Kb)(6)
I
b)(6)
I
(b)(6)
I The ptoject ha$ three phases: 1Wb)(6) I
b)(6) 12)(b)(6) land 3)Kb)(6)
I
b)(6) I Phase two consists of, two Kb)(6)
I
b)(6)
I
b)(6) land 2)Kb)(6) I
b)(6)
I
b)(6) I tJ'hases 1'and 2 are a particular matter to which
speolfic parti6s
f
Kb)(6) land Kb)(6) Ihave been' identified. You were n01
persofla/ly and substantially involved in the mstter, but it was pending under your official
responsiblll1y during yout of Government servlce. Accordingly, you are
prohlbtted from a other on-,Federal entitY)CJn phases 1 ano 2
for a two year period beginning on April b)(6) Phase 3'is not yet a partleular matter,
as Its devel'opment depends on the possible outcomes of phases 1 and, 2, and affected
persons will not be identified until such time, so you do not have a representation
restriction, under eIther section 207(a)(1) or (2), regarding phase 3.
CREW v. DOD MAY2013 RELEASE 000185
..7­
b 6 b 6 The concept was a general polley and
programmatic matter - not a particular matter, you do not have a representation
restriction, unde.r either secti.on 207 a)(1) or (2), regarding this concept. You also
briefed youroonce tt b)(6) before heb)(6)
b)(6) b)(6) has recently
b 6 Thepllot
program involves a contractor, b)(6) nd it is a particular matter. You did not
and substantially in it, nor was it .pendJng under your official
responsibility, . land outside your chain of command.
Likewise. you do not have a representation restrIotion, under 207(a)(1) or
(2), regarding this Kb)(6) Ipilot program.
Other exam [es of particular matters under your official responsibility during your
tenure as b)(6) nd b)(6) include other contracted activities under
the b)(6) most of which are under the direct rasponsJbUity of
IThese are some examples of the partIcular matters that were under 6fficial
responsibility during your last year of a·overnment service. As we have ctl.scussed, this
-ban wifJ include Elil particular matters pending under the official responsibility of the
land ,I while you occupied these positions during your last
year of service.
One-'!", Tl'ltCle. or TreatvAsslstance ban. Title 18 U.S.C. § 2.07(b) proyides
that for a period of one-year after leaving Government service. former employees or
officers may not knowingly represent, aid, or advise someone else on the basis of
covered information, concerning any ongoing trade or Irealy negotiation in which the
employee participated personany and .substsntlally ih his· or her last year ofservice.
This one·year ban applies to all employees; It Is not lImited to senior offfciais. Trade
negotiations are those undertaken pursuant to the Omnibus Trade and Competitiveness
Act of 1988. (19 U.S.C, § 2902) treaties are IniemaUonaI agre.ements that require the
edvi'ce and consent of the Senate. "Cover&d Infqrmatlon'l is informatlonfound in agency
records accessible to the employee but exempt from disclosure the Freedom of
Information Act. Base.d upon our discussions and your dutie.s, is inappricable to
your post-Government employment activitIes while emp.loyed
One-vear "COoling-Off' PerIod. Title 16, U.S.C. § 207{c), Is a one-year cooling
off period, applicable to senior officials. It prohIbits you froin representing another
before any officer or employee' of your former agency, In this Instance the Army, on any
matter. Ourrng the first year after Y04r depa.rture fromtha posi1ion of AlASA(FM&C).
yo.y may not communicate to or appear before any ·Army employee. actIvity, or agency,
with the Intent to Influence, on behalf of any other person and in connection with any
matter in whioh official action by any or employee in the Army is sought. The
restriction is measured from the date· when you cease to be a senior employee, not from
the termination of Government service, unl.6ss the two occur simultaneously. This .
CREW v. DOD MAY2013 RELEASE 000186
-8­
period is designed to prevent any appearance that former senior officers Bre able to
inftuencegovernment decIsion irnproperly because of their former sanior pO!l:iUons. You
should note that unlike the prosr;tlp.tJons found In 18 U.S. C. § 207(a)(1) and (2))
whIch pertain to particular metters, 18 U.S.C. § 207(c) pertains to any matte, in
which official action by an Army·omcer or employee is sought.
\
Applicability; of 18 U.S,CI § 20ltc} to yoy[ dutle§. As we discussed,
the one year cooling off period is ·applicable starting after terminatiCln of your service· as
. lend is applicable to any representation of another b'efore
any member or employee of the Army. This provision Is very broad in its application .as
it relates to communications with or appearances before Ar7Y 9TP'Oyees. For
'example, you will be unable to attend meetings on behalf of b)(6) atwhlch Army
employees are also In attendance, even though yO!) do not speak. This attendance ban
applies to mee·tjllgs wIth 000 agencies, Joint other Government .
departments or at whJch Army personnel are assigned or detaUed and attend
the meeting!n question.
Ry(rigtion ·20 mp'f!§!n;;ng fl.r @Idlng f9reian entltl!s. TlUe 1'8 U.S:C.
§ 207{f) proyldes that, for a perIod of one year after leavfng a senior pdsltJon. former
senior employees or officers may notknowll1gly, with the intent to influence adecls'ion
of an employee of a departm.ent or agency of the United States In carrying aut his
official dUlies, represent a foreign entrty before any department or agency of the
States, or aid or advise a foreign entity, The restriction Is measured from the date when
an employee c.eases to be a senior employee. not from the termination of Government·
service, unless the two occur simultaneously. This restriction prohibits a former senior
official from representing, aiding, or advi6ing a foreign el1tity with the Intont to tnfluen.ce
certsin governmental officials.
A "foreign entity" means the government of a .fureign ·oountry as defined in
section 1(e) of the Fe.relgn Agents Registration Act of Hl38 (22 U.S.C. § 611) or a
"foreign political party." The..government of a foreign country Include's ·any ·person. or
gtoup of persons exercising sovereign de facro or de jure ·poUtieal jurisdiction over any
country (other than the United States) or any partofsuchcoulltry, and includes any
sUbdivlsfon of any sucn·g.roup and any group or to which ·such·soverelgn de
fecto Or de jure authority or are directly or Indirectly deleg·ated.
A l'forelgn political party" includes any organization or an.y other combination. of
indivIduals in a country (otherthan the United States), or any unit of branCh thereof,
having for an aim or or whtch is engaged In any activity devoted In wholO or in
part to. the estabJishment, admir'ilstration. control, or acquisition of administration or
control, of a government of a foreign country.. or a sUbdivisiot! thereof, or·the furtherance
or InflUencing of the poritical or public Intere$ts, policies, or relatlon.s ofa government of
a foreign country or a subdivision thereof. A foreign commercial corporation will not
. generally be considered at ''foreign entity" for purposes ofSection 207(1) u'nless It
exercises the functions of a sovereIgn.
': :', ," ..;" .. ' ..... '.. ...;.... '
CREW v. DOD MAY2013 RELEASE 000187
-------_.--... _...
-9­
A former senior Qfflcl.al represents a foreign entity when he acts as an agent or
attorney for or otherwise communicates or makes an appearance on behalf.of that entity
to or before any employee of a department or agency. He "aids or advises" a foreIgn
entity when he assists the entity other than by making such a communication or
appearan<:e. This ban Is broader than that fOund In 18 U..S.C. §§ 207(a) and (c)
beCBuse it also prohibits b.ehlnd·the-scene assistance. if such advice or aid is
rendered with the Intent to Influence an offICial di$CffJtJonary decision of a current
Federal departmental or agency employee. Such assistance to '8
foreign entity could, for example, {hc1ude drafti.ng a proposed communication to an
agency, advising .on an appearance before 8 departm.ent, elf consu.lting on other
strategies designed to persuade departmental' or agency decision makers to take
certain action. Again, such repre$entation, aid. or advioe is only prohibited If made or
rendered With the Intent to lnfluence an official discretionary decision of a current
.Federal emp!oyoo. Unlike the prohibitions found in 18 .U.S.C. §§ 201(a) and (c), section
207(f) prohibits before Congress.
E;!ceptions. There are exceptlon's to the restrictions in 18 U.S.C- § 207.
including acts pursuant to official U.S. Governmen1 dwties,snd aiding', advisingl and
representing certain international organizations with prior Secretary' of Stats
certification. Restrictlons under 1-8 U.S.C, § 207(c) do not apply to employees' of state
or locar Governments, hospitals, medioal rellleatch 6rganiza.tions, or degreew.granting
Institutions of higher learnIng. when' making representations on those institutions' behalf.
AdditlonallYI if individuals ate not compensated, they may make statements based on
special knowledge. Restrictions based on 16 U.S.C. § 207(a) and (e), whtch apply to
communications that furnish scientific or technicallnformation, may be waIved by the
Secretary of Defense. There are specIal rUles reg'erdlng testimony under oath. Pleas€
consult'this office for further guidance.
None of the above restrictions protllblts you from accepting .any employment with
any person or organizatIon. The restrictions apply only to spedfic
employment aotivities.:-such as represent1rl9, aiding. or advfsinganother In. connection
with certain official matter's-'not t¢ the mare fact of being employed by any particular
entity, Additionally, the only restrlctton outlined above that prohibits a 'former
branch emp.loyee from reptesentlng otherS' before Congress is 18 U,S.C, 207'(t). Self­
representation or the' expression ofpersbnal views: ·that are not advanced as agent or
representative of another person, whether or not those views are specifically by
the Government, IS· permissible. Nor do the restrictions outjined above prohibit
communications or contacts that are not made with'1he i.ntel1t to influence the
Government. such 8S requests for the status of s' matter or for pubUcfy avaitable
rnformation.
In additton '10 the above proscriptions imposed by 18 U.S.C. § 207, there are.
other statutory and regulatory restrictions appUcabre to post':'Government employJTlent.
These are discussed below: .
"1 .... '.'
CREW v. DOD MAY2013 RELEASE 000188
Compensatio,n 11 Uti." § There is prohibition against
sharing in any compensaUonfor representational services before the Government,
rendered personally or by another at a time when the former employee was stJII
employed by the Government. Accordingly, after yOu leave' Government service. you
may not,accept compensation for representational services, which were provided by
anyone whHe you were a Government employee. before til Federal agency or court
regarding particular matters In which the Government was a party or had a suDstantial
interest. This prOhibition may affect-you when you leave the Government and Share in
the proceeds of a partnershipor business'for representational services· that occurred
before you terminated Federal·servlce. Examples of SUCh representationa·1 activities
Include lobbying, consulting, and by law firms. This restriction is
InappHcabJe to you at thi$ time., based on our ·and

erQcymment Inttgrlty Act.' note that the' ProCUrement Jntegtity Act places.
rastrictlons on the acceptance -of compensation from a contractor. It specifICally provides
that 8. former officer may not accept compensation as an emplOyee of a contractor within a
one-year psriod {Hhe former officer: (1) served,' at the time of selection of the or
time of award, as the procuring contracting officer, source selection authority, a membei' of
the source selection evaluation board, or chief of a financial or technical evaluation team in
a procurement In excess of $10 million; or (2) served as a program manager for a contract.
in excess of $10 million; or (3) persqnally made a decision to award a contract or task
order or delivery order in excess of $10 mUlioo' to the contractot, to establish rates
applicable to a contract or contracts for that confractor that are valued in excess of $10
minion. A program manager Is one who actively manages the program cost, performance.
and schedule, regardless of the title given to ·the indiVidual. A Foderal officIal who fits
w-ithin one of these categories. howeverI is not prOh'ibited from accepting compensation
from any division or affiliate of a contractor. so long as that divtslonor affiliate does not
produce the same or similar products or services. Based on OUf discussions and your
duties. you did not serve in any of the above pOSitions, so the compensation ban does not
apply to you,
SQction 842. Should you leave your prospective position Obtain
employment wlth'any other defense oontractorwlthfn the two-year perlodafter you depart
000 .servlce; you are required to seek another ethics opinion.
Use of Information. You areremindedthafyouara precluded from USing'
infOrmation gained while f)mployed by the Army that f$-' generally 'not avai/ab1e to the public,
(for exampte, proprietary or source ·selection inforrhation) if the· uSe of "that "Inside"
infonnatlon would give you or anyone else an unfal.r financial Ot commercial·advantage.
Additionally, 18 U.S.C. §§ 793 and 794 proteet and prohibit use or dIsclosure of trade
secrets, confidential business information, and classified information. Further restrictions
are Imposed by 10 U.S.C.·§ 130.
. ;
CREW v. DOD MAY2013 RELEASE 000189
pybllg Financial Dlidosure BtoQrt. You are required to file a Publl,c Financial
DisClosure Report. SF 278, within 30 days of your final day of GOV$rnment service in a
OOV.ered ,position. In addition, you are required to file an annual covering all of
calendar year 2008. As you are leaving Government service on Kb)(6) lyou may
file a combination annual and termination report. whi'ch covers all of 2008 and runs
through )(6) I We recommend that you try to complete your report before leaving
your position so that we can review it in draft, resolve any Issues, and have you sign it
electronically in the Financial Disclosure Management (FDMJ system on your last day.
The DeSignated Agency Ethics Official, currently the Acting General
Counsel. grant an extension of tima up to 45 You may access
FOM. through your AKO ,account USing your current password for 180 days after leaving
Ule'Department.
Please contact me if there are changes in yout work plans or assignment $0 that I
can amend this advice. if necessary. Do not hesitate to contact me at any- time with
questions that may pertain to restrictions. I maybe reached at
I end b)(6) I "thank you for your service to our
nation.
Sincerely,
Deputy General Counsel
(Ethi,cs & Fiscal)
', ..:"". , .
CREW v. DOD MAY2013 RELEASE 000190
DEPARTMENT OF THE ARMY
OF,rcE Of THE GENERAL COUNSEL
104 ARMY PENTAGON
WASHtNOTON DC 2(311)..0104
March 10., 2008
_
The following j·nformation Is in response to your request for a legal opll1lon on
po·st..Qovernment emplOyment resttlctlons as they would aO:I
Y
to· prospec1ive
·employment with Kb)(6) Ias. aKb)(6) J. ThIs opinion
supplements my oplni.on, dated January 15, 2008.
b)(6)
Backaround. Currentlv. vou serve as
I
I
(b)(6) I This is theKb)(6) lin the Kb)(6) I In this
position, you act as the Kb)(6) Iwlth
primary areas otfocus onKb)(6)
b)(6) I the Kb)(6)
I
I
b)(6) I and I Additionally, you Serve as the I
Kb)(6) [to Kb)(6) IforaIHb)(6) I
b)(6) Iwhich include formulatlngKb)(6) I
b)(6) I
b)(6) I Further, YOU are re.sDonsible for the rb)(6) I
b)(6) I and theKb)(6) I You 81$.OKb)(6) I
b)(6) I
for the U.S,Army.
You are seeking withKb)(6) Iwhlch Kb)(6) I
many markets, Including (b)(6) land
....:..:8'-,-6---, .•
b)(6) land (b)(6) I and a wide range Of ---'I
is a Department of contractor.
I
Qilcussion. As dl$cU$sed rn my previous letterto·you, there Is at wide aITay of
post·employment restrictions that are applicable to former Government employees.
This opinion is limited to the post·Government employment restrictIons found In 18
U.S.C. § 207.
On! "Cog,lIng-otr' Per/p;. Forernost,'you should be mindful of the one­
year cooling off period imposed by 18 U.S.C. § 207(c). It prohibits you from
representing another before your former agency, in this Instance the Army', on Bny
: " ..... "." .. ,. ,'.
CREW v. DOD MAY2013 RELEASE 000191
. matter. Durl n9 the first year after your departure from Federal service. you may not
communicate with or appear before'any Army employee. department, or agency, with
the Intent to influence. on behalf of i1Iny other person and in connection with any matter
In whiCh official action by an Army 'officer or .employee Is sought. This period begins the
effective date of your retirement and not the date on which you begin transitIOn leave.
This provision Is very broad in its applICation 88 it to communications with or
.appearances before Army employees. For example., you will be unable to attend
me.etlngs as an employee I at which Army employees are also in
attendance, even though you do not speak. You are unable to 919:n emalls o'r or
make telephone calls tt) Arniy employees. The proscription app.lies to Army personnel
and is not "imited to the Army workplace. Behlnd-the-sames or in-house assIstance Is
legally permissible.
,lifetime Un. Title 18. U.S.C. §' 207(a){1) places a permanent, life-time ban on
employees of the Federal government on "representation on partloular matters."
Sp'ecifically, the statute prescribes criminal penalties for any employee or officer who,
after he ·terminates his employment. knowingly makes, with the intent to influence. any
communlcatioJ"l with or appearance before any person employed by the United States,
on behalf of another in connection witt! a particular matter. The particular matter must
be one tn which (a) the United States is a party and has a direct and substantial Interest;
(b) the person participated personally and substantially as an'employee or officer; and
(c) Involved a specific non-Federal party or parties at the time ·of $ueh participation. The
lem does not encompass any matter before th.· Go.ve.ntment; only· those metters
that atlse to p-.rliculBr maffers.
The ban at 18 U.S,C, § 201(a)(1) to'your post·Government
employment activities unless you make representations back to the Govemment on the
seme particular matter Involving specific non·Federal parties that you e.ctecf upon when
you were in Government service. This ban Is 8Ppncable torepresentatJons beforQany
Federal or· officer. It is not limited to representations before Army personnel.
For the lifetime ban to applyJ the particular matter first must involve a speclfio non­
Federal party, although. such parties may change. Usually, rulemaki'ng or general polity
f6nnulatlon is not covered. unless·such rulemaking or formulation focuses narrowly on
Identified non·Federal parties', As noted in my previouS' leiter, an officer :"T"""':""...-­
Kb)(6) does not participate substantially in the approval of
IL-
L
----=-----=---,---,.,.---::-_--,.,------_,..---,-_1Participation Is substantial only in those cases where
a budget item is actually put In Issue. EV(i)nthen. the former Government is
not dfsquallfied with respect to an item if it is a general program rether than a particular
metter involving a specific party. or in-house assistano6 is legally
permissible. At this time, there is no specIfic informatIon regard'ing any particular
matters identified with ·your pro$pect.lve employment . I
Two".vaT ban. Also, as dtscussed in my previous 18 U.S.C. § 207(8)(2)
places a two-year ban on attia'mptlng to influe.nce. Federal offi'Cials on behalf of another
on matters that were under an employee's'offk:ial responslbillty during your last yea.r of
.;. ".. .. .
. ,"
CREW v. DOD MAY2013 RELEASE 000192
Government service. The ban begins to run when Federal service terminates
and applies eve.n If the tonner employee did not personally partIcipate in the parUct,4lar
rnatter. Agaln
r
this ban applJes to r'epresentlnganother party before the United States,
with the intent to. influence and ·It pertains to matters that were under your
official responslblllty during the rast year of your Federal service. You should be
cautious In your post-Government employment activities In re'gards to this ban. It
applies even if you had no personal knowledge of Ii particular matter to which a specific
party was identified, as tong as it was pending under your offictal responsibility during
your last year with the Government (5 C. F. R. § 2631.202{b}(4». Behind..tOO-soenes or
as.sistance· is legaUy permissible. As with the iifetime ban, the twowyear ban is
ap.plicabte only if the matter 18 a P9:rtlculer matter, whioh Involves a specific non..Fede-ral
party or parties. At this time,there is no specific Information regarding any particular
matters Identified with your prospectIve employment with ['XlI) I
As noted In the questionnaire, there Is no attorneY"C;:lient relationship 6et·tib\lshed
between us. The informatlonprovtded to me rsnot confidential and is necessary to
provide written ethicsadvJce. Once your prospective plans have become
mor@ definitive. we ask that yOU contact us for additional advice. I may be reached at
Kb)(6) . lor I .
Sincerel
b)(6)
.. j".
CREW v. DOD MAY2013 RELEASE 000193
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the General Counsel
November 18, 2008
SAF/GCA
1740 Air Force Pentagon
Washington, DC 20330-1740
'b)(6) I
I
Demf_ __ b)(_6)
The following is an ethics opinion regarding post-government employment restrictions as
they relate to your proposed employment as aKb)(6L IforKb}(6) I
We understand that you resigned your position as a member ofthe Senior
emctive b ) ( 6 ) IIn Y0l.lr lastgovemment position you served as theKb)(6)
b)(6) I Your duties included Kb)(6)
•.
I
I
b X ~ r
b)(6) I
You indicate that in the two years prior to your resignation you served as a member of the
Source Selection Boards on the following procurements, which trigger application of the
Procurement Integrity Act (41 U.S.C. § 423):
~ [b)(6)
The Procurement Integrity Act prohibits anyone who has served as a member of a source
selection evaluation board, on a contract worth more than SIOM, from receiving compensation from
the contractor for one year after the date of the procurement. unless it is from a division or affiliate of
the contractor that does not produce the same or similar products or services as the entity ofthe
contractor responsible for the contract at issue.
You have not reported involvement in any procurement that involves Kb)(6) I Therefore, in
our opinion, you are not subject to the one·year compensation ban under the Procurement
Integrity Act and there is no legal objection in relation to your proposed employment with Kb)(6)
In addition. because you' may contact Air Force and Department ofDefense oftlcials in the
course of your new employment, a review ofthe post-employment restrictions under 18 U.S.C. §207
is appropriate.
Principally, as a former senior official. you are barred from making any comll1unication or
appearance on behalf ofa third party with intent to influence any Air Force officer or employee. for
one year from the date ofyour tennination of service. (18 U.S.C. § 207(c»). Por the purposes ofthis
section, your own business (corporation or partnership) is a third party.
';.1 ,
I
CREW v. DOD MAY2013 RELEASE 000194
2
Further, this statute prohibits you for life from acting as agent, or otherwise representing,
formally or lnfonnally anyone except the United States before any department. agency or office of
the United States in connection with an)' Pal1icularmatter involving sJ2ecipc P a r t i ~ in which the
United States is a party or has a direct and substantial interest and in which Y9U :pm:ticipated
persgUally and substantially for the government while you were on active duty. (18 U.S.C. §
207(a)(I)) Please note that each of the underlined terms must apply to your situation before this
restriction applies to you.
\,
You are also barred for a period or two years, from the date oftermination. from acting as
agent for, or otherwise representing formally Or infonnally, anyone except the United States before
any department, agency 01," office of the United States in connection with any particular matter
involving the same specific parties and in which the government is a party or has a direct and
substantial interest and which specific matter was pending under your official 19snonsibilit,x during
the last year ofsuch responsibility. (18 U.S.C. § 207(a)(2». Further
l
you are barred for one year
from representing, aiding or advising any other pernon in anyon-going trade or treaty negotiation in
which, during the last year of active duty service, you participated personally and substantially. (18
U.S.C. §207 (b».
Because we cannot anticipate every situation that may ariSe relative to your proposed
employment, my comments have been addressed to, and are ¢ontingent upon, the information you
provided. In addition, you bear the responsibility of onsuring that your post-Government
employment activities comply with the statutory provisions described above. We therefore
recommend that you consult with legal counsel in the event that any situation arises in the future that
could place you in conflict with the law relating to your status as a former officer.
Good luck with your future endeavors, and please do not hesitate to contact us ifyou have
any further questions or concerns.
Associate Geneml COWlsel
Fiscal, Ethics & Administrative Law
. ,',' .
CREW v. DOD MAY2013 RELEASE 000195
DEPARTMENT OF THE AIR FORCE
WASH.NGTON. DC
OffIce of the O.n....' Caun'"
FebNary 21. 2009
SAF/GCA
1740 Alr Force Pentagon
Washington, DC 20330·1140
r
b
)(6)

DearK.....:.b)-,-(6",-)_--,
The following is an ethics opinion employment restri<:tions as
they relate to your proposed employment as . I
. We understand that you resigned your position as a member of the Senior Exc<:utive Service
effective Kb)(6) I In your last govemment position you served as the ""Kb;.<..)(>.-:.6L-)__-:--:-::--_-----J
b)(6) I Your duties included providing advice to tile SecretarY on acquisition

I
You indicate that in the past two years you have as 11'member ofthe Source Selection
Boards on the following procurements, which trigger application ofthe Procureme.nt Integrity Act
(4J U.S.C. § 423):
1"""'b)""""(6:-:-)----------------­
The Procurement lntesrity Act prohibits anyone who has served as a member of a source
selection evaluation board, on a contract-worth more than $IOM. from recelvins; compensation from
the contractor for onc year after the date ofthe procuremont, unless It is from adivision or affiliate of
the contractor that does not produce the same or similar products or servlces.8S the entity of the
contractor responsible for the at issue.
You have not reported ihvolvement in any proeurement that involves b)(6)
Therefore, in our opinion, in relation to your position with b)(6) you are not
subJect to the one-year compensation ban under the Procurement Integrity Act and there is no
legal objection to your proposed employment.
In addition, because you may contact Air Forc:e and Department ofOefense omdals In the
course ofyour new employment, a review of the post-employment restrictions under 18 U.S.C. §207
is appropriate.
Principally, as a former senior official, you are barred &om making any communication or
appearance Ori behal f ofa third party with Intent to influence any Air Force offlcer or employee. for
ODe year from the date of your termination of service. (18 U.S.C. § 207(c». Porthe purposes ofthis
'·section, Iyour own !b\lltlness (QOl'PO!"ationcr partnership) ba th.ird
party.
'3f 'r'
I
CREW v. DOD MAY2013 RELEASE 000196
2
F!!rther, this statute prohibits you for life from acting as agent, or otherwise represcllltinp.,
fonnally or infonnally anyone except the United States before any department, or office of
the United States in connection with Iny PlrticYlJr matter involving specific llarties in which the
Unjted States is a party or has a direct and substantial interest and in
personally and substantially for the sovcrnment while you were on active duty._ (I'B' U.S.C.·§
207(a)(1) Please note that each of the underlined tenns must apply to youl"s1tuati6h this
applies to you. .
You are also barred for a period of two yean, from the elate oftennination, from acting as
agent for, or otheawisetepresenting fonnalfy or infonnally, anyone except the United States before
any department, agency or office ofthe United States in connection with any Rarticular matter
involving the same specific: partie§ and in which the government is a party or has a direct and
substantial interest &lid wh.i.eh spet:iflc matter was pending ungC2r your oftkial responsibility during
the last year of such re1l1f.!1.;1I1SibiUty. (t:8U.S.C. § 207(a)(2». Further, you are barred for one year
from-representing, aidlng.or advISing any other person in anyon-going trade or treaty negotiation in
which, during the last year of active duty service, you participated personalty and substantially. (18
u.s.c. §207 (b».
Because we cannot anticipate every situation that may arise relative to your proposed
employment. my comments have been addressed to, and are contingent upon, the information you
provided. In addition, you bear the responsibility of ensuring that your post-Oovernment
employment activities comply with the statutory provisions described above.. We therefore
recommend that you consult with legal counsel in tho event that any situation arises in the future that
could place you in contuct with the law relating to your status as a former officer.
Good luck with your future endeavors, and please do not hesitate to contact us if you have
any further questions (X" concerns.
Sincerelv.
bX!l)
Associate General Counsel
Fiscal, Ethics" Administrative Law
.....
CREW v. DOD MAY2013 RELEASE 000197
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
OftIce of the General Coun..1
SAF/GCA
1740 Air Force Pentagon
Washington. DC 20330-1740
FEB l'l"
b
l
r)(6 I .
Dear I
The roHowlng is an ethic;s opinion tegardlrtg post-govc.r.;:m'7'8nsc7'-'n:.=..te=m==",-,===--:;
jlate to your proposed employment as aKb)(6i Iwith L.;..b..;...)(:.....:6) -..J
b (6)
you resigned your positiOh as a member of the Senior BxecutiveService
your last government position you served as the Kb)(6). . I
Your duties included Ktill.6) I
You indicate that inthe past two years you have served as a member ofthe Source Selection
. Boards on the following procurements, which trigger application ofthe Procurement Integrity Act
(41 U.S.C. § 423):
.
The Procurement Integrity Act prohibits anyone who has served as arnemberofa source
selection evaluation board. on a contract worth more than $1 OM, trom receiving compensation from
the contractor for one year after the date ofthe prOcurement. unless it is from a division or amIl ate of
the contractor that does not produce the same or simUar products or services as the entity ofthe
contractor responsible for the contract at issue.
You have not reported involvement in any procurement that invo[vesKb)(6) I
Therefore, in our opinion, in relation to your position with 1)"ouare not subject to
the one-year compensation ban under the Procurement .nuant)' Act and there is no legal
objection to your proposed employment.
In addition, because Yciu may contact Air Force and Department ofDetense officials In the
course of your new employment. a review ofthe post-employment restrictions under 18 U.S.C. §207
is appropriate.
Principally. as a fonner senior official. you arc barred from making any communication or
appearance on behalfof a third party with intent to influence any Air Force officer or employee. fer
oueyear from the date ofyour termination of service. (18 U.S.C. § 207(c». For the purposes ofthis
section. in addition toRb[6) .. Iyour own business (corporation or partnership) is a third
PQrty.· til
..: .....• ""
S'
,;
CREW v. DOD MAY2013 RELEASE 000198
I
I
I
I 2
I
Further, this statute prohibits )'ou Cor l&Ce from acting as agent, or otherwise representing,
I
formally or informally anyone except the United States before any department, agenc)' Or O'ffice of
I
the United States in connection with Am: JIl[ticu11l miner Involving .eific parties in which the
I
United States is a party or has a direct and substantial interest and in which YmlJ}:llJligpated
I
peQ9tUlIIYAIld subsYQtially for the government while you w e ~ on active duty. (18 U.S.C. §
I
207(1)(1» PJcMe note that each of the underlined terms must apply to your situation before this
I
restriction applies to you.
I
I
You are also barred Cor a period oCtwo yea.... from the date oftennination, from aeting as
I
agent for, or othetwise representing fonnally or informally, anyone except the United States before
I
any department, agency or office of tile United States In c:onnection with any RlrticllW matter
I
involving the same spt!cific parties and in which. the government is a pal1)' or has a direct and
I
substantial interest and which speeific matter was pending under your oWcial l'ellponsiRUitY during
I
the last yearofsuch responsibility. (IS U.S.C. §207(a)(2». Further. you are barred for one year
I
from representing, aiding or advising any other person In an)' on"80;ng trade ortreaty negottation in
I
which, during the last year of active duty service, you participated personally and substantially, (18
I
U.S.C. §207 (b».
I
I
Because we cannot anticipate every situation that may arise relative to your proposed
employment, my comments have been addressed tO
i
and are contingent upon, the information you I
I
provided. In addition, you bear the responsibility of ensuring that your post-Government
employmen.t activities comply with the statutory provisions described above. We therefore I
I
recommend that you consult with legal coulISel in the event that any"situation arises In the future that
could place you in conRict with the taw relating to your status as a fonner officer. I
I
Good luck with your future endeavors, andptease do not hesitate to contact us if you have
I
an)' further questions or cone-ems.
I
Sincerely,
I
I
I
I
I
I
Associate OCneral Counsel
I
Fiscal, Ethics & Administrative Law
I
I
I
I
I
I
I
I
I
I
I
1".".·"··...... ·-1'1'111..•••·
I.'
"f
CREW v. DOD MAY2013 RELEASE 000199
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
orne. of ttle-Gene...1Coun..l
SAF/GCA
l740 Air Force Pentagon
Washington, DC 2033()..1740
[b)(6)
I
The following is an ethics opinion regarding post-government employment restrictions as
they relate 10 your proposed employment u aKb)(6) lwithKc:.!b),-,-,(6=-<..) -,-- _
(MDA).
We understand that you resigned your position as a member ofthe Senior Executive Service
effective August 1.2008. In your last government position you served as theKb)(6) .
Kb)(6) I Your duties included providing advice to the Secretary on acquisition
lb)(6)
Kb)(6) ,
You indicate that in the past two years you have served as a member ofthe Soun::e Selection
Boards on the foltowing procurements, which trigger application of the Procurement (ntegrity Act
(41 U.S.C. § 423):

The Procurement Integrity Act prohibits anyone who has served as a member ofa source
selection evaluation board, on a <:ontract worth more than $1 OM, from receiving compensation from
the contractor fot one year after the date of the procurement. unless It is from a division or affiliate of
the contractor that does not produce the same or similar pl'Clducts or services as the entity ofthe
contractor responsible for the contract at issue.
You have not reported involvement in anJ:'.-ecurernent Ihat involvesKb)(6) I Therefore,
in our opinion, in relation to your position with youBrt not subject to the one-year
compensation ban under the Procurement Integrity Act and there is no legal objection to yOW'
proposed employment.
In addition, because you may contact Air Force and Department of Defense officials in the
course ofyour newemployment, a reviewofthe post.employment restrictions under 18 U.S.C. f207
is appropriate. .
Principally, as a fonner senior official, you are barred from making any communication or
appearance on behalf ofa third party with intent to Influence any Air Forceotlicer or employee, for
flom the date of your termina' f· .S. 0 c:. r erne fw rk
with b)(6) states that you would b)(6)
b)(6)
: ".:', .. .
CREW v. DOD MAY2013 RELEASE 000200
I
/'
2
Please be aware that 207(c) prohibits you from directly Air Force officer or employee
I
for this purpose. For the purposes of this section, In addition your own business
(c:orporation or partnership) is a third party.
I
Further, this statute prohibits you for UCe from acting as asent, or otherwise representing.
(onnaflyor informally anyone except the United States before any department, agency or offiCe of
I
the United States in connection with anY partjqylN mAUet involving specjtk parties in which the
United'States is a party or has a direct and substantial interest and in which you pArticipated
I
WSOnall): and substaptially for the government while you were on active duty. (18 U.S.C. §
207(a)(1» Please.note that ea<:h of the underlined lenns must apply to your situation before this
I
restriction applies to you.
You are abo barred for. period of two yean, from the date oftemination, from acting as
I
ascnt fOf, or otherwise representing formally or infonnaLly, anyone except the United States before
any department, agency or office of the United States in connection with any Hrticular maner
I
involving the Same specific pa11ks. and in which the govemment is a party or has a direct and
substantial interest and which specific matter was pending under your official mponsjbility during
the last year of such responsibility. (18 U.S.C. § 207(a)(2». Further. you are baiTed for one year
from representing, aiding or advjsing any other person in any on..going trade or treaty negotiation in
which, during the last year ofactive duty service, you participated personally and substantially. (18
U.S.C. §207 .
Because we callnot anticipate every situation that may arise relative to your proposed
employment. my comments have been to. and are contingent upon. the infonnation you
provided. In addition. you bear the responsibility of ensuring that your
employment activities comply with the statutory provisions dcs<:ribecl above. We therefore
recommend that you consult with legal counsel in the event that any situation arisesIn the fUture that
eould place you in conflict with the law relating to your status as a former officer.
Oood luck with your future endeavors. and please do not hesitate to contact us ifyou have
any further questions or concerns.
I
Sincerely,
I
I
Associate General Counsel
I
Fiscal. Ethics &. Administrative Law
I
I
I
I
I
I
I
I
CREW v. DOD MAY2013 RELEASE 000201
I
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
0IfIC6 oHhe Genel1ll Counee.
SEP 9.
SAF/GCA
1740 Air Force Pentagon
Washington, DC 20330·1740
f
b
)(6) I
DearK'---'.b)-,-(6,--)
The following is an ethics opinion PQst·govemment employment restrictions as
KthCY iJate to your proposed employment as aKb)(6)
b)(6) -'--'--'-----,-----------'
We understand that you resigned your position as a member ofthe Senior BlC.ccutive Service
e Iv b)(6 n yourlast government sition you served as the b)(6)
b)(6) Your duties included b)(6)
b)(6)
Kb)(6)
You indicate that in the past two years you have served as a member ofthc Source Selection
Boards on the following procurements. which trieser application ofthe Procurement Integrity Act
(41. U.S.C. § 423):

The Procurement Integrity Act prohibits anyone who· has served as a member of a source
selection evaluation board, on a contract worth more than $1 OM. ft'om receiving compensation from
the contractor for one )'Car after the date ofthe pfo<:Urement. unless it is from a division or aff1Uate of
the contractor tbat does not produce the samo or similir or services as the entity ofthe
. Qontractor responsible for the contract at Issue.
Here. you indicate that in addition to being aKb)(6) 1which
does not trigger application ofthe Act. you propose to serve as a b 6 forKb)(6) .1
Because au were on the Source Selection Board for the b)(6) ontract. awarded to Lockheed
b)(6) ou att rohibitcd, until b 6 &om receiving compensation from
that division of b)(6) or any other division that produces the same or sirnHaf products.
p rams that you propose to work on (I.e. L.:....
b
...:...)(,--6,--)
are compensation on b) l) which is under
Company, and b)(6 and are under the b)(6)
'---------' '-------------'

CREW v. DOD MAY2013 RELEASE 000202
I
I
I
I
2
I
division of the Electronic Systems Business Area that provides products similar to the Space Systems
I
Company.­
I
In addition, because you may contact Air Force and Department of Defense officials in the
I
course of your new employment, a review ufthe post-employment restrictions under 18 U.S.C. §207
is appropriate.
I
Principally, as a I. you are barred from making any communication or
I
appearance on behalf ofa third party with intent to influence any Air Force officer. or employee, for
I
Oil. year from the date ofyourtennination ofserv/ce. (18 U.S.C. § 207(c». For the purposes oftbis
section, your own business (corporation or partnership) is a third party.
I
Further, this statute prohibits you for lite from. acting as agent, or otherwise representing,
I
formally or informally anyone except the United States before any department, agency or office of
I the United States in connection with any pgrticu1m: matter involving specific partics in which the
United States is a part)' or has a direct and substantial interest and in which you
Qcgr§ollllJ): and substantially for the govemment while you were on active duty. (18 U.S.C. §
207(a)( t)} Please note that each ofthe underlined terms must apply to your situation before this
I
restriction applies to you.
I
I
You are also barred for a period of two yean, from the date oftennination. from acting as
I
I
agent for, or othenvisc representina fonnaUy or InformaUy, anyone except the United States before
any department. agency Or office ofthe United States in: connection with any particular matter
I
I
involvill8 the same specific parties and in which the govemmellt is a party or has a direct and
I
I substantial interest and which specific matter was pending ynder your official 19D,9nsibility during
I
the last year of such responsibility. (tSUS.C. § 207(aX2». Further, you are barredfor olle year
I
from representing. aiding or advising any other person in anyon-going trade or treaty negotiation in
I
I
which, during the last year ofactive duty service. you participated personally and substantially. (18
U.S.C. §207 (b),
I I
Because we cannot anticipate every situation that may arise relative to your proposed
I I
employment. my comments have been addressed to, and are contingent upon, the information you
I
provided. In addition, )'ou bear the responsibility ofensuring that )'our post-Government
I
employment activities comply with the statutory provisions described above. We therefore
I I
recommend that you consult with legal counsel in the event that any situation arises.in the future that
I I
could place you in conflict with the law relating to your status as a fonner officer. . .
I I
Good luck with your future endeavors, and please do not hesitate to contact us if you have
I
an)' further questions or concerns.
I
I I
Sincerely,
I
[0)(6)
I
I I
I I
I Associate General Counsel I
Fiscal. Ethics &. Administrative Law
I I
I I
I
I
I
I
I
I
I
I
I
I . •.•;ltlt;1
.................. ....__....__..-.i:1 "
CREW v. DOD MAY2013 RELEASE 000203
DEPARTMENT OF "fHE AIR FORCE
WASHINGTON, DC
Office of the General Coun..1
November 18,2008
SAF/GCA
l740 Air Force Pentagon
DC 20330·1740
[b)(6) I
__
The following is an ethics opinion regarding post-government employment restrictions as
they relate to your proposed employment as a Kb)(6) IforKb)(6) I
We understand that you resigned your position as a member ofthe Senior Executive Service
effective (b)(6) I In your last government position you served as the I
b)(6) ]Vour duties included t)roviding advice to the Secretary on acquIsition
b)(6) I
b)(6) I
You indicate that in the two years prior to your resignation you served as a member ofthe
Source Boards on the following procurements, wh.ich trigger application ofthe
Procurement Integrity Act (41 U.S.C. § 423):
[b
X
6
l
The Procurement Integrity Act prohibits anyone who has served as 8 member of a soutce
selection evaluation board, on a contract worth more than $1 OM, frClm receiving compensation from
the contractor for one year after the date ofthe procurement, unless it is from a division or affiliate of
the contractor that does not produce the same or similar products or services as the entity ofthe
contractor responsible for the contract at issue.
You have notreported involvement in any procurement that involves b)(6)
Kb)(6) ITherefore, in our opinion, in relation to your position with b)(6)
subject to the one-year compensation ban under the Procuremen.t Integrity Act and there is no
legal objection to your proposed employment.
In addition, because you may contact Air Force and Department ofDefense officials in the
course ofyour new employment, a review ofthe post-employment restrictions under 18 U.S.C. §207
is appropriate.
PrincipaHy, as a former senior official, you are barred from making any communication or
appearance on behalfof a third party with intent to influence any Air Force officer or employee, for
one year from the dale ofyour termination ofservice. (18 U.S.C. § 207(c»). For the purposes of this
section, your own business (corporation or partnership) is a third party.
you are not
. ;',
CREW v. DOD MAY2013 RELEASE 000204
- .. _._------_ ..
2
Further. this statute prohibits you for Ufe from acting as or otherwise representing.
formally or infonnaUy anyone except the United States before any department. or office of
the United States in connection with !loy particular matter involving s"ci.(ic Pllrties in which the
United States is a party or has a direct at'Id substa:ntial interest and in which you participated
gemJDaUy and substantially for the govemment while you were on active duty. (18 U.S.C. §
207(a)(1» Please note that each of the underlined tenns must apply to your situation before this
restriction applies to you.
You are al80barred for a ptriod of two years, from the date oftennination, from acting as
agent for; or otherwise representing formally or informally; an.)'one except the United States before
any department, agenl:Y or office ofthe United States in connection with any particular matter
involving the same specific parties and in which the government is a party or has a direct and
substantial interest and which specific matter was pending under your official responsibility during
the last year of such responsibility. (18 U.S.C. § 207(a)(2». Further. you are barred for one yea..
from representing, aiding or advising ally other person in anyon-going trade or treaty negotiation in
which, during the last year ofactive duty service, you participated personalty and substantially. (18
U.S.C. §207 (b)).
Because we cannot anticipate every situation that may arise relative to your proposed
employment, my comments have been addressed to. and are contingent upon, the infonnation you
provided. In addition, you bear the responsibility of ensuring that your post-Government
employment activities CQmply with the statutory provisions described above. We therefore
recommend that you consult with legal counsel in the event that any situation arises in the future that
could place you in contlict with the law relating to your status as a former officer.
Good luck with your future endeavors, and please do 110t hesitate to contact us if you have
any further questions or concerns.
Sincerely,
Associate General Counsel
Fiscal, Ethics & Administrative Law
7
CREW v. DOD MAY2013 RELEASE 000205
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the General Counsel
SAF/GCA
1740 Air Foree Pelltagon
Washington, DC 20330·1740
b)(6)
I
The following is an ethics opinion regarding post-govewment as
they relate to your proposed employment as aKb)(6) . __ --J
We understand that you resigned your position as a member ofthe Senior Executive Service
effective Kb)(6) . lIn your last government position you served as theKb)(6) I
kb)(6) IYourduties inciudedKb)(6) I
Kb)(6) I
Kb)(6)
You indicate that in the two years prior to your resignation you ser\'edas a member of the
Source Selection Boards on the following procurements, which trigger application of the
Procurement Integrity Act (41 U.S.C. § 423):
b
l
r)(6
The Procurement Integrity Act prohibits anyone who has served as a member ofa source
selection evaluation board, on a contract worth more than $lOM, from receiving compensation from
the contractor for one year a&r the date ofthe prOClJrement, unless it is from a division or of
tile contractor that does not produce the same or similar products or services as the entity ofthe .
contractor responsible for the contract at issue.
You have not reported involvement in procurement that I
Kb)(6) in our opinion, in relation to your position withkb)(6) Iyou are not
subject to the compensation ban under the Procurement Integrity Act and there is no
.legal objection to your proposed employment.
In addition, because you may contact Air Force and Department ofDefense officials in the
course ofyour new employment, a review ofthe post-employment restrictions undor 18 U.S.C. §207
is appropriate.
Principally, as a former senior official, you are barred from making any communication or
appearance on behalf of a'third party with intent to· influence any Air Force officer or employee, for
one year from the date ofyour termination of service. (18 U.S.C. § 207(c»). For the purposes ofthis
section, in addition toKb)(6) Iyour own business (corporation or partnership) is a third party.
further, this statute prohibits you for life from acting as agent, or otherwise representing,
formally or informally anyone excel1t the United States before any department, agency or office of
....
CREW v. DOD MAY2013 RELEASE 000206
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
;';", ..... ·l,·.·.. ,. '"
2
the United States in connection with any 'particular matter involving s p ~ c i f i c parties. in whioh the
United States is a party Or has a direct and substantial interest and in which you participated
12ersonally and substantially for the govemmentwhile you were on active duty. (18U.s.C. §
207(a){I» Please note that each ofthe underlined terms must apply to your situation before this
restriction applies to you. ,
You are also barred for 8 period of two years
t
from the date of termination, from acting as
agent {or, or otherwise representing fonnally or infonnally, anyone except the United States before
any department, agency or office of the United States in connection with any particular matter
involving the Same specific games and inwhich the government is a party or has a direct and
substantial interest and which specific matter was pending "odsr your official resnonsibilitv during
the last year of such responsibility. (18 U,S.C. § 207(a)(2». Further, you are barred for one year
from representing, aiding or advising any other person in anyon-going trade or treaty negotiation in
which, during the last year ofactive duty service,you participated personally and substantially. (18
U.S.C. §207 (b)).
Because we cannot anticipate every situation that may arise relative to your proposed
employment, my comments have been addressed to, lUld are contingent upon, the infonnation you
provided. fn addition, yOU bear the responsibility of ensuring that your post-Government
employment activities comply with the statutory provisions described above. We therefore
recommend that you consult with legal counsel in the event that any situation arises in the future that
could place you in conflict with the law relating to your status as a fonner officer,
Good luck with your future endeavors, and please de not hesitate to contact us ifyou have
any further questions or concerns.
Sincerely, .
Associate General Counsel
Fiscal, Etbics & Administrative Law
$
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
: I
CREW v. DOD MAY2013 RELEASE 000207
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the General Caunae(
November 2008
SAFfGCA
1140 Air Force Pentagon
Washington, DC 1740
[b)(6)
__
The following is an ethics opinion regarding emplorment restrictions as
they relate to your proposed employment as aVb)(S) .
We understand that you resigned your position as a member of the Senior Executive Service
effective b 6) In YQur last government position you served as the b)(6)
b)(6) Your duties included b 6
b)(6)
b)(6)
You indicate that in the two years prior to your resignation you have served as a member of
the Source Selection·Boards on the following procurements, which trigger application ofthe
Procurement Integrity Act (41 U,S.C. § 423):
r
b
)(6)
The Procurement Integrity Act prohibits anyone who has served as a member ofa source
selection evaluation board" on a contract worth more than $1 OM, from receiving compensation from
the contractor for one year after the date ofthe procurement, unless it is from a division or affiliate of
the contractor that does not produce the same or similar products or services as the entity ofrhe
contractor responsible tor the contract at issue.
Here, you propose to serve as _....L..:===.,j=....:...:..::::..=...::::::...=-=-=--=..::;
Board for ct awarde to b 6)
b)(6) you are prohibited, ===""'--"==-t;.---m-re-c--.ei,-v'ritt-g-c-o-rn-p-e-ns-a"':"tJ..... o-n...-o-m.,.---;;--a7"t-.J
division ofKb)(6) lor any other division that produces the same or similar products.
In addition, because you may contact Air Force and Department ofDefense officials in the
course ofyour new em.ployment, a review ofthe post-employment restrictions under 18 U.S.C. §207
is appropriate.
Principally, as a former senior official, you are barred from making any communication or
appearance on behalfofa third party with intent to influence any Air Force officer or etrtployee, for
one year from the date ofyour termination of service. (18 U.S.C. § 207(c». For the purposes ofthis
section, your own business (corporation or partnership) is a third party:
.. . " '"
CREW v. DOD MAY2013 RELEASE 000208
2
Further, this statute prohibits you for life from acting all agent, or otherwise representing,
fonnally or informally anyone except the United States before any department, agency or office of
the United States in conntK:tion with any particular a t t ~ r involving sne.citJc luUiies in which the
United States is a party or has a direct and substantial interest and in whichyoqparticipajed
gersonallyand substantially for the government while you were on active duty. (18 U.S.C. §
207(a)(])) Please note that each of the underlined terms must apply to your situation before this
restriction applies to you.
You are also barred for: a period of two .years, from the date oftermination, from acting as
agent for, or otherwise representing formally or informally, anyone except the United States before
any department, agency or office ofthe United States in connection with any particulil[ matter
involving the same specific parties and in which the govemment is a party orhas a direct and
substantial interest and which specific matter was pending under your official responsibility during
the last year of such responsibility. (18 V.S.C. § 207(a)(2». Further, you are barred for one year
from representing, aiding or advising any other pElfSon in anyon-going trade or treaty negotiation in
which, during'the last year of active duty service, you participated personally and substantially. (18
U.S.C. §207 (b».
Because we cannot anticipate every situation tbat may arise relative to your proposed
employment, my comments have been addressed to. and are contingent upon, the infonnation you
provided., In addition. you bear the responsibility ofensuring that your post-Government
employment activities comply with the statutory provisions described above. We therefore
recommend that you consult with legal counsel in the event that any situation arises in the future that
could place you in conflict with the law relating to your status as a fonner officer.
Good luck with your future endeavors, and please do not hesitate to contact us if you have
any further questions or concerns.
Sincerely,
b)(6)
Associate General Counsel
Fiscal, Ethics & Administrative Law
, ,,!'
'f
t
CREW v. DOD MAY2013 RELEASE 000209
I
I
I
I
'I
I
I
OH1ce ofthe.aenol"al Cou.",,1
I
I
I
SAF/OCA
1140 Air Foree Pentagon
Washington DC 20330·1740
r
b
)(6)
DePARTMENT OF THE AIR FORCE
WASHINGTON, DC
10 February 2009
I
I
I
I
I
1
_
I
I
I
I
I
I
I
You have received an offer ofemployment from b)(6) to perfonn a variety of tasks as
r;';""Kb""")(6=)-'::"""::"":""'1 Your proposed responsibilities include: I
b)(6)
1
b)(6) eeause you are stl WI
I
one·year "cooling off" period (expires on b)(6) rsoMel stated that
I
'interaction with Air Force is subject to a restriction until such restrictions[sic] expire:
I
The only law that would prevent you, as a fonner senior official, from accepting
I
compensation from any particular entity is the Procurement Integrity Act, 41 U.S.C. §423. The
I
Procurement Integrity Act a fonner official of a Federal agency nom accepting
compensadon from a contractor within a period of one year after such fonner official served in a I
particular capacity or personally took one or more actions involvJng Federal Agency
I
procurement. The restrictions on post-government employment are triggered by holding certain
positions, or making certain decisions, on large acquisitions. This includes serving as the
I
Procuring Contracting Officer (peO), Source Selection Authority (SSA), serving as a member of
I
the'Source Selection Evaluation Board, serving as the chiefof a financial or technical evaluation
I
team, or serving as the Program Manager, Deputy Program Mana:ger or Administrative
Contracting Officer on a contract over $] 0 million.
I
I
The one-year compensation ban also applies to anyone who personally makes any oCtile
following decisions: to award a contract or a subcontract over S10 million, award a modification
,I
I
of con.tract or subcontract over $10 million, award a task order or deli"ery order over $10
mtUloo, oVUfhcad OJ other rmQS appliqble to acontract thitl aN valued over I
I
I
I
I
1"IiJf,(lII!P.'{l/fi?"

!
CREW v. DOD MAY2013 RELEASE 000210
2
$10 million, approve issuance ofa contract payment or payments over $10 million, payor settle
a"contract chum over $10 million.
You indicate that you have not acted as a procurement official or worked on any
contracts exceeding 510,000,000; therefore the one..year ban under the Procurement Integrity Act
(41 U.S.C. § not apply. As such, it is my CODCIUS.Ion that, if offered, you may accept a
position the proposed duties subject to the post-govemment
employment restrictions discussed below.
It is highly probable that you may COlltact Air Force and Department of Defense officials
in the course of your future employment; therefore a review of the post.employment restrictions
under 18 U.S.C. § 207 is appropriate.
Title 18 U.S.C. §207 is a criminaHrtatute that restricts certain representational activities
of former Government officials. It prevents an·individual who participated in, or was responsible
for, a particular matter while employed by the Oovemment from later "switching sides" and
representing someone else in the same matter. It also provides additional restrictions forfonner
.general officers and senior employees.
As a former Government employee, 18 U.S.C. §207(a)(I) prohibits you for liCe from
acting as agent for. or otherwise representing, fonnaJly or informally, anyone except the United
. States before any· department. agency. or office·· of the United States in c:onnection with·.!IDI
aticuIar mltW: involving lL'!f£itic Partig§ in which. U»ited States is .. orhaa a direct
and· substantial interest and in which ')eDU' Pridpate4 perSm'Jly aul:Jg$hp1dalJy for the
government during your employment. Bach of the laner underlined tems must apply to your
situation before this restriction is applied. "Particular maner" includes any
application, request for ruling or determinati.on, rule making, contract, controversy, claim.
charge, accusation, arrestor judicial or other proceeding. The particular matter must involve the
same specific patty or parties at the time o(the employee's participation.
You arc also barred for a.period 01 two yean frOIl1 the date of retirement from acting as
agent for, or otherwise formally or infonnany, anyone except the United. States
before any department, or office of the United States in connection with any particular
mattel: involving the lune specific parties and in which the government is a party or has a direct
and substantial interest and which specific matter was pendina under your official responsibilitY
during the last year of such responsibilitY. 18 U.s.c. §201(a)(2). "Official responsibility" is the
authority to approve or disapprove or otherwise direCt government action. The actual scope of
your official responsibility is typically determined by those areas assigned by statute. regulation,
executive order or job description.
These do not preclude you from giving bebind the scenes assistance in
connection with another person's representation to the government; but fonner employees are
prohibited from personally communicating with a Federal employee on the same matter
themselves:
CREW v. DOD MAY2013 RELEASE 000211
:3
Because you were a senior official, you 1ft barred from making any communication or
appearance on behalf ofa third party with the intent to influence any officer or employee of your
former agency. for one year from the date of yout tennination of service (20 June 2008). 18
U,S.C. §207(c). Because you served in a position that required you to be appointed by the
President and oonfirmed by the Senate, for purposes of this restriction, both the Department of
the Air Force and the Department of Defense (and its components) are the applicable agencies.
The "cooling-off" period does not prohibit purely·social' contact with current Air Force
personnel nor would it prohibit you from responding to a request from the Air Force or DOD for
your assistance with some types of Infonnation or expertise.
As a senior official, you are also barred for oDe year from the date of your termination of
service from representing a foreign entity before any agency of the Federal government or aiding
or advising a foreign entity in such representation. (18 U.S.C. §207(f). This restriction Is not
limited to matters in which you participated personally and substantially or which were WIder
your official supervision. It includes any matters in which you might represent, advise or aid a
foreign government, govenunent-controlled corporation or political entity. In our view, based on
the information you provided regarding your statement of work, your proposed employment with
Kb)(6) Iis not prohibited by this post-government rule. However, to avoid violating 18 USC
207(£), for one year tram the date you left service in the Air Force, you should not communicate
with foreign officials regarding matters that potentially involve decisions or official action by the
United States.
Because we cannot anticipate every situation that may arise relative to your proposed
employment, my comments have been addressed to, and are contingent upon, the infonnation
you prOVided. Additionally, you bear the responsibiJity of ensuring that your post-Oovernment
employment activities comply with the statutory provisions described above. We therefore
recommend that you consult with legal Counsel in the event that any situation arises in (he future
that could place you in conflict with the law relating to your status as· a former senior
Government employee.
I hope this infonnation is helpful to you. Ifyou have additional questions reaarding your
post-govemment service. please contact me at Kb)(6) I or by email at
[b)(6) I [b)(6) ; .
Associate General Counsel
(Fiscal, Ethics & Administrative Law)
Jconcur.
Air Etbics Office .
(Fiscal, Ethics & Administrative Law)
,
..... I.:
CREW v. DOD MAY2013 RELEASE 000212
------
OF THE A1R FOROE
AIR .FORGE M'ATE.RI£L COMMAN:D \...AW Q-FFI·CE (A:FMC)
AlR FiOA:CE SASE OH'IO
AFMCLOI.CL
Building 1.5, Rm no
1864 4
lh
Street
22 OtT 2009
O.H 45433-7135

This letter is piovlded in responte'to your: recent requeit for afiautho.ritati'Ye· iritElrPtetation:of
the tp.plicatioI'1O[ Seotlon 421 t>f Title 41... United States Calle and· as required under Sectioh 84.,
Ptiblic"Law ItO.. }a1. to your service ·as. an ·o.fficial of D()D. Bti¢'fly,41 USC 423 prohibits certain
{<Drnter employee$ from a?cepting cornpens8tion.from.:a contractor for aperiod o{one year if they
6.erved in .certai"n or rtul:de in ¢onn-eotion. with'a contract awarded to
that contractor" .
Und'er this statute Des.rgn-ated.Agency Ethics: OfJicials '.and theiTdeJegatees have the legal
to.renderauthorjiative opinions regard'.in8 th\:!o appJioabLlity of the StatlHe tCfth\8
acceptance. of from·cQn;ttaetOrs. 'lased on ih¢: i.nfQrmation I ...,e reoC!.ive.d. tram
, it [s my opinion,·that the statute would' not restric,t you 'fTol'l1: acceptin.g qompensati-Ol:l .from
any cQill;p-Any.
-
This .opinion addresses onl'yrestrictioriS that m:ayapply under 41 USC 42"3..Restrictions
und-er o'ther laws (e,g." 18 USC 2.07) have not been alidressed in this opinion. b. partltulnr, the
facts coIitained in your letter suggest that J<es·trittlong or
Title 18, United Section 207(i)(1) .·Dd/or Section 207(1i)(2.) may 8·pply.to YU.U
'with respect to your contemplated wIth some eoritpaD ies. Also, the
co.oling offperiod contained in IS· O:SC207(c) will apply to yOU.. The attached pamphlet. is an
explanation oft&. USC 207. for ·fwther·.infol'lT)ation or in what .qther
restrictiOilS :ma,y apply., ... 1of at )_(6_) _
Sin:cereiy
(b)(6) ..
Director
Attaclmrelits:
1. Your --I
2, 18 USC 207 Pamphlet
CREW v. DOD MAY2013 RELEASE 000213
DEPARTMENT OF THE .ARNlY
OFFICE OF THE GENERAL COUNSEL
104 ARMY PENTAGON
WASHINGTON DC :;0310-0104
September 30,2008
Supj.ect Post-Government Employment Ethics Advice
Dear K,--,-b)..:-.-(6:-) _
The following information Is In response to your request for a legal -7':Qn',J--­
pt)st"Government emplOyment restrictions as the' mtt ertsin to .osition as a --,-----_
with Kb)(6) . Iin their b)(6) . This opinion
supplements-my opinion, dated June 25.2008., an satta. es the requirement under
National Defense Authorization Actfor FY 2008, Public Law 110-181, S«tton 847,
·round. Prior to our retirement au ·served 8$
b:-7-:=- -"iiti the Office ======---­
.J..:0c:..:.,ndetail from __
You were assigner.=-d
-----,"t-n=b-:-)(=6)l--..::....::.....you bec.ame· b)(6)
-' Further, you informed me that, while the
b)(6) you served in the'foUowing positions or took the following actions
involving a contract award, payment, or claim in excess of $10 million. You served as
. . Ifor I
0003 and you were b)(6) The contract was awarded with a base ear
and two option years. You also b)(6)
I:.....:..:-:.---,-,c----::-::,..,,------..--..--.--..,....-......- ,....-------.--..,....-....J
rates, and approved a ROntract pavlUent in excess of $. ml Ion. 0\1 eerved as e
Iuntil j Your effectIve retlrel'nfJnt is K,-,b)...:...(6-,-) _
serves the U.S. Federal Government through I
r,;-:-;":=--1-------J."'-=-,and it provldesXb)(6) Ito various Federal agencle$ fUlfiH their misSions
QlsCVI'ion. In revi$Wlng the Information provided, the following restrictions are
appltcable to your post-Government employment activities with PwC.
LH'tlm. San (18. U.S,C. § 207(aJI1JJ- As I noted in n:lY previous opinion. 18,
U.S.c. § 207(a)(1) places a permanent. life-time ban· on employees of the Federal
government on "representation on particula.r matters," Specifically·, the statute
CREW v. DOD MAY2013 RELEASE 000214
,-2- '
prescribes criminal pen.alties for any employee or officer who. after he terminates his
employment, knowingly makes, with the Intent to influence, any c;,ommunicationwlth or '
appearance before any person employed by the- United Stete.s (except those employed
by the LegislatiVe Branch), on behalf of another in connection with a pari/CUISf matter.
The particular matter must be one in which (a) the United States is a party and has a
direct and subs1antial interest; (b) the person participated personally and substantially
as an employee or officer; and (0) involved a specific non-Federal party or parties at the
time of such participatIon.
For the, purpose of this restriction contr at number b)(6)
particular matter. As
'and substantially participated in the contract awarded to __---J
Accordingly, you are unabl$ to represent any entity, to.Include your current
employer, before any Federal employee on this particular matter. A4 previously
dis·cu!Ssed. you may provide behind-tne..seenes assistance regarding this matter.
Trm..Ye«f Sal! (18U.'.C. § 207(11(211. Further. you face a two-year ban, under
the provisions of 18 U.S.C. § 207(a)(2), on attempting to influence., Federal officials on
behalf of a entity on particular matters that were under your offlclal
responsibility during your last year of Govemment service. The two-year ban begins to
rl.lnwhen you end your F$deral service. Remember this ban ,8 applteable;even If you
did not personally participate in the matter. Again, this ban applies to representjng
another party before the United, States and extends to all Federal employees and
officers. Like the lifetIme ban.. this ban pertains to particular matters. Moreover, this
ban applies even if you had no personal knowledge of a particular matter to which a
speeiflcpaTty was identified, as long as It was pending under your offioial resp'onsibility
during your last year with the Govemment. You have not identified any particular
matters that were· under your official responsibility during the last year of your Federal
employment.
COIDpensal!on restriction -18 U.S.C. '1203
1
You did not indIcate your
compensation sche.me. But, you should be mindfur that there is ,a prohibition against
sharing In any compensation ,for representational services before the Government,
rendered personally or by, another at a time when you were still employed by the
Government Accordingfy, after you leave Government.service', ymj may n.ot accept
compensation ,for representational :se'rviC8S, which were provided by anyone whfle you
were,a C30vernment employee, before-a Federal or court'regardlng particular
matters in whl'ch the G6vernment was a party or ha.d a substantial interest. ThIs
prohibition may affeet you when yOllleave the, Government and share in :the proceede
afa partnership or business for represe.ntational.servlces that occurred before you
terrnlnaled Federa'l service.
CREW v. DOD MAY2013 RELEASE 000215
Title 18 U.S.C..§ 203, however,;s limited to compensation in exchange for the
provision of representational services to· a third party, rendered either by you or an
associate. Acoordingly, former Federal employees or officers are prohibited from
receiving compensation tied to the profitability or success .of an organization's dealings
With the Governrnent only where the compensation is detived from repres.entationaJ
services provided to third parties. Examples of lluch representational activitIes Include
employment by lo.bbying, consulting, and law firms, where the firm is representing the
interests of another non:..Federal entity before the Fede.ral government .rather than Its
own interests, Where an organization does not provide ·representational services to
third parties, but simply deals with the Govemment directly to obtain Federal funding or
approval for its own business purposes, section 203 does not prohibit you from
receiving compensation resulting therefrom. Accordingly, yo.u may receIve
compensation tied to the profitability of a business that does not represent third p ~ r t i e s
before the Federa.l Government.
Generally, the prohibition attaches if the covered representational seMces were
provided at a time when the Individual was still a Government employee, regardless of
when the employee aetuallyreceive·s the compensation, This means, among other
things, that the compensation plan may not be dependent on actual firm profits, where
such profits resu It in any part from covered representl!tional services. For example, a
fonner employee may not receive a partnership interest that Incluoes a share of fees
generated from covered represenlationaf &eNjces rendered prior to the Individual's
termination from Government service. Likewise. a fQrmer employee may not. receive a
bonus that is ca'culated In any part based upon the firm's receipt of such fees. Where a
ftrtncalculates partnership income or bQnuses based on actual receipts of fees, there
must be a deduction to account for any income otherwise· attributable to the finn's
covered representational services. Moreover, In such cases, the firm may not make up
any resultfng disparity so that the former Federal employee or officer does not suffer
any economic loss.
Again, you are reminded that you are precluded from using Information gained
while employed by the Anny that is generally not available to the public', (for e)(ample,
proprietary or source selection information) tf the use of that "inside" information would
give you or anyone else an unfairflnancial or commercial advantage. Additionally, 18
U.S.C. §§ 793 and 794 protect &ndprohibit the use or disclosure oftrsde secrets,
confldential business Information, and classified. information. Further restrictions are
imposed by 10U.S.C. § 130.
My advice with respect to these matterS is adVisory only and is prov:ided in
accordance wIth section 2635.107 of title 5, Code of Federal Regulatlons, and the
N,atlonal Defense Authorization Act torFY 2006, Public Law 110-181,§ 847. I am
.:. (', .
CREW v. DOD MAY2013 RELEASE 000216
providing this advice in my official capacIty, on behalf of the Un'ited States, ahd not as
your representative. As noted in the questionnaire, there is no attorney-ctient
established between us. information provided to me is not confide-ntisl
and is necessary to I)rovide written ethics advice. I may be reached atKL.:.- -----'
b
.:....:.)(6....:...)
. I
b)(6)
Associate Deputy General Counsel
.(Ethics & Fiscal)
, ',' • > • ,
.; .
CREW v. DOD MAY2013 RELEASE 000217
I
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
OffIce or th& O&",ral CCMJneel
SAF/GCA
1740 Air Force Pentagon
Washington, 1740
b
1
r )(6
__
You indicate that in the two years prior to your resignation you have served as Source
Selection Authority, or made decisions on a number of procurements, a list of which is at
Attachment (I), which trigger application of the Procurement Integrity Act (41 U.S,C. §423).
The Procurement Integrity Act prohibits anyone who has served as a member of a source
selection evaluation board, on a contract worth more than $1 OM, from receiving compensation
from the contractor for one year after the date of the procurement, unless it is from a division or
affiliate of the contractor that does not produce the same or similar products or services as the, .
entity of the co:ntramtQl' responsible for contract at issue. You are prohibited from
compensation from any entity on the list for a year after the signature date on that item.
You have not reported involvement in any procurement that ,
Therefore, in our opinion, in relation to your position with I you are not subject to
the one-year compensation ban under the Procurement Integrity Act and there is no legal
objection to your proposed assignment.
However, because you may contact Air Force and Department of Defense officials in the
course of your assignment, a review ofthe post-employment restrictions under 18 U.S.C. §207 is
appropriate. '
Principally, as a fonner senior official, you are barred from making any communication
or appearance with intent to influence any Air Force officer or employee lor olle year from the
date of your termination ofservice. (18 U.S.C. §207(c».
CREW v. DOD MAY2013 RELEASE 000218
2
Further, this statute prohibits you for life from acting as agent or otherwise representing,
formally or informally, anyone except the United States before any department, agency or office
of the United States in connection with any particuh!t matter Involving sgeciflc in which
the United States is a party or has a direct and substantial interest and in which ygu participated
personally and substantially for the government while you were on active duty. (18 U.S.C.
§207(a)(1» Please note that each of the underlined terms must apply to yom situation before this
restriction applies to you.
You are also barred for a period olmo yean from the date oftermination from acting
as agent for, or otherwise representing, formally or informally, anyone except the United States
before any department, agency or office ofthe United States in connection with any
.mAUsiI involving the Same specific and in which the or :hasl1:dite;t
and substantial interest and which specific matter was pending lJild£r"mr"oft1¢i8'1 iesP0tlllihUUX
during the last year of such responsibility. (18 U.S.C. §207(aX2». Further, you are barred for
one year from representing, aiding or advising any other person in anyon-going ttade or treaty
negotiation in which, during the last year ofactive duty service you participated personally and
substantially. (18 U.S.C. §207 (b».
Because we cannot anticipate every situation that may arise relative to your proposed.
employment, my comments have been addressed to, and are contingent upon, the infonnation
you provided. In addition, you bear the responsibility ofensuring that your postwOovernment
employment activities comply with the statutory provisions described above. We therefore
recommend th8t you consult with legal counsel in the event that any situation arises in the future
that could place you in conflict with the law relating to your status as a former officer.
Congratulations on your appointment, and please do not hesitate to contact us if you have
further questions.
Sincerely,
Associate General Counsel
Fiscal, Ethics & Administrative Law
CREW v. DOD MAY2013 RELEASE 000219
DEPAR"rMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the General Counsel
December 15,2009
SAF/GCA
1740 Air Force Pentagon
Washington, DC 20330-1740
[b
X
6
l
__......J
This is in response to your request for an ethics opinion regarding post-government
employment restrictions in relation to your proposed appointment to
. I '--'--'----'---­
ed effective b)(6)
You indicate that in the two years prior to your resignation you have served as Source
Selection Authority, or made decisions on a number of procurements which trigger application of
the Procurement Integrity Act (41 U.S.C. § 423), a list is at Attachment (l).
The Procurement Integrity Act prohibits anyone who has served as a member of a source
selection evaluation board, on a contraot worth more than SI OM, from receiving compensation
from the contractor for one year after the date of the procurement, unless it is from a division or
affiliate ofthe contractor that does not produce the same or similar products or services as the
entity of the contractor responsible for the contract at issue. You are prohibited from accepting
compensation from any entity on the list for a year after the signature date on that item.
You have not reported involvement in any procurement that involvesKb)(6) I
Therefore, in our opinion, in relation to your position withKb)(6) . Iyou are not subject to
the one-year cotnpensation ban. under the Procurement Act and there is no legal
objection to your proposed assignment.
However, because you may contact Air Force and Department of Defense offioials in the
course of your assignment, a review ofthe post-employment restrictions under 18 U.S.C. §207 is
appropriate.
Principally, as a fonner senior official, you are barred from making any communication
or appearance with intent to influence any Air Force officer or employee. for oDe year from the
CREW v. DOD MAY2013 RELEASE 000220
2
date of your termination ofservice. (18 U.s.C. §207(c)). This restriction applies to your own
business, if incorporated. .
Further. this statute prohibits you for life from acting as agent or otherwise representing.
Connally or inConnally, anyone except the United States before any department, agency or office
ofthe United States in connection with any·particular matterinvolving specific parties in which
the United States is a party or has a direct and substantial interest and in which ygu ;p81j:i£ipate4
personally and substantiallY for the govemmentwhile you were on active duty. (18 U.S.C.
§207(a)( i)) Please note that each of the underlined tenns must apply to your situation before this
restriction applies to you. This restriction includes. but is not limited to all contracts listed in
Attachment (1).
You are also barred for a period of two years from the date ofterrnination from acting
as agent for, or otherwise representing, formally or infonnally, anyone except the United States
before any department, agency or office of the United States in connection with any particular
matter involving the same spe£ific parties and in which the government is a party or has a direct
and substantial interest and which specific matter was pending under your official responsibility
during the last year ofsuch responsibility. (18 U.S.C. §207(a)(2)). Further, you are barred for
one year from representing, aiding or adVising any other person in anyon-going trade or treaty
negotiation in which, during the last year of active duty service you participated personalty and
substantially. (18 U.S.C.. §207 (b)).
Because we cannot anticipate every situation that may arise relative to your proposed
. appointment, my comments have been addressed to, and are contingent upon, the infonnation
you provided. In addition, you bear the responsibility of ensuring that your post-Government
employment activities comply with the statutory provisions described above. We therefore
recommend that you consult with legal counsel in the event that any situation arises in the future
that could place you in conflict with the law relating to your status as a former government
employee.
Finally, my advice with respect to these matters is advisory only. I am providing this
advice in my official capacity, on behalf ofthe United States, and not as your representative..
Neither the infonnation you provided to receive this advice letter, nor provision ofthis letter,
creates an- attorney-client relationship between you and the attorney rendering such advice. .
Congratulations on your appointment, and please do not hesitate to contact us jfyou have
fUrther questions.
Sincerely,
[b
X8
) I
Associate General Counsel
Fiscal, Ethics & Administrative Law
•..• , .•,' •••• ,! .:", .•
CREW v. DOD MAY2013 RELEASE 000221
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
ODIc. Of th.·Gen....' Counsel
10 February 2009
SAF/QCA
1740 Air Force Pentagon
Washington DC 20330·1740
r
b
)(6l
)_(6_)
You have received an offer ofemployment ftonlb)(6) Ito perfonn
consultant. Your proposed responsibilities include: Kb)(6) ----------,
b)(6)
b)(6) I spoke wit._ =b.L>..(6=)------::-----::-__---=--:--:-=--__--:---------'
and b)(6) about your proposed employment with his .. As you are
in your "cooling off" year per 18 U.S.C. §207(c) until Kb)(6) j said that you
would not attend any meetings with Air Force customers initially and would work as a 5ubject
matter expert and advisor approximately 15-20 days over a year period. with additional tasks
contemplated after the one-year restriction expires.
You indicate that you have not acted as It procurement official or worked on any
contracts exceeding $10,000,000; therefore the one·year ban under the Procurement Integrity Act
(41 U.S.C. § 123) daiS not apply. As it is my conclusion that, if offered, you may accept a
position with b)(6) and perform the proposed duties subject to the post-government
employment restrictions discussed below.
It is highly probable that you may contact Air Force and Department of Defense officials
in the coune of your future employment; therefore a review of the post-employment restrictions
under 18 U.S.C. § 207 is appropriate.
Title 18 U.S.C. §207 is a criminal statute that restricts certain representational activities
offortner Government offlcftll$. It prev¢ots 4ln or wa,srtspo,rl$ible
CREW v. DOD MAY2013 RELEASE 000222
2
for, a particular matter while employed by the Government from later "switching sides" and
representing someone else in the same matter. It also provides additional restrictions for former
general officers and senior employees.
As a former Government employee, 18 U.S.C. §207(a)(I) prohibits you for life from
acting as agent for, or otherwise representing, fonnal.ly or infonnaUy, anyone except the United
States before any department, agency, or office of tbe United States in cOMection with W
particul@l matter involving specific parties in which the United States is 8 party or has a direct
and substantial interest and in which you R!!!icipated peAQnally IOd· sUb:;tantiaUy for the
govemment during your employment. Each of the latter underlined terms must apply to' your
situation before this restriction is applied. "Particular matter" includes any investigation,
application, request for ruling or detennination, role making, contract. controversy, claim,
charge. accusation, arrest or judicial or other proceeding. The particular m.atter must involve the
same specific party or parties at the time ofthe employee's participation.
You are also barred for a period of two years :from the date of retirement as
agent for, or otherwise representing. fonnally or informally, anyone except the United States
before any department, agency, or office of the United States in connection with any Danicular
miltt«.invo]vingthe same s1l§citie parijesand in which the government is a party or has a direct
and substantial interest and which specific matter was pending under your official responsibility
dutingthe Jastyear ofsuch responsibility. 18 U.S.C. § 207(a)(2). "Official responsibility" is the
authority to approve or disapprove or otherwise direct government action. .The actual scope of
your official responsibility is typically detennined by those areas assigned by statute. regulation,
executive order or job description.
These prohibitions do not preclude you from giving behind the sceneS assistance in
connection with another person's representation to the govemment; but former employees are
prohibited from personally communicating with a Federal employee on the same matter
themselves.
Because you were a senior official, you are halTed from making any oommunicatioh or
appearance on behalf of a third party with the intent to influence any officer or employee of your
fanner agency. for one year frOID the date of your tenninatiOn of service (20 June 2008). 18
U.S.C. §207(c). Because you served in a position that required you to be appointed by the
President and confinnedby the for purposes of this restriction, both the Department of
the Air Force and the Department of Defense (and its components) arc the applicable agencies.
The one-year "cooling-ofl" period does not prohibit purely social contact with current Air Force
personnel nor would it proluDit you from responding to a request from the Air Force or DOD for
your assistance with some types ofinfonnation or e)(pertise.
As a senior official, you are also batred for one yearftom the date ofyour termination of
service from representing a foreign entity before any agency ofthe Federal goveniment or aiding
or advising a foreign entity in such reprcsentatiolL (18 U.S.C. §207(f}). This restriction is not
limited to matters in which you participated ·personally and substantially or which were under
your official supervision. It includes any matters in which you might represent, advise or aid a
fo,TCign governm.en1:t ·govemment-controlled corporation or political entity. In oUr view. based On
CREW v. DOD MAY2013 RELEASE 000223
3
the infonnation you provided rcglll'ding your statement of work. your proposed employment with
I is not prohibited by this However. to avoid violating 18 USC
207(t). for one year from the date you left service in the Air Force, you should not communicate
with foreign officials regarding matters that potentially involve decisions or official action by the
United States.
Because we C8lU10t anticipate every situation that may arise relative to your proposed
employment, my comments have been addressed to, and are contingent upon, the infonnation
you provided. Additionally, you bear the responsibility of ensuring that your post-Government
employment activities comply with the statutory provisions described above. We therefore
recommend that you consult with legal cOlD1sel in the event that any situation arises in the future
. that could place you in conflict with the law relating to your status as a fonner senior
Government employee..
I bOf)c this infonnation is helpful to you. If you have additional questions reg.arding your
post-government service, please contact me at )(6) .. I or by email at
. I
r
b
)(6)

Associate General Counsel
(Fiscal. Ethics &. Administrative Law)
I concur.
Director, Air Force Ethics Office
(Fiscal. Ethics &. Administrative Law)
; . -.'.
;.
CREW v. DOD MAY2013 RELEASE 000224
I
I
I
DEPARTMENT OF THE ARMY
I
OFFIce OF THE GeNERAL C.OUNSEl
I
104 ARMY PENTAGON
WASHINGTON DC 20:1'10,0104
I
I
I
June 2,2009
I
I
I
I
SUbject: Post-Government EmploymentfSection847
I

I
I -------­
The following information is in response· to your request for a legal I
I
employment restriotions as they pertain to employment
Kb)(6) I This opinion supplements my opinion of February 13, 2=0=-=0:-=-9---=, i-n-.-
I
which we ooncluded that·the provisions 'of Section 847 of the National Defense
I
I
Authorilatlon Aet (NOAA) for FY2008 are .a
P
:lioabte to you, To assist' us, you provided
I
a description of your proposed duties with I
I
You were
and ouwere
Moreover ou served as th
When you served in this position, there were a number of b)(6)
K""""b)=(6""'-)--"that served under you.: b)(6)
d. Whtle o-n Active Du , ou served as the b)(6)
I
I
I
I
I
I
I
I
I
I
I
I
I
I
b 6
I
b)(6). Moreover, a number ofc.ontracts
were. awarded on behalf of your office. Your retirement _
I
I
I.j'(' ;.
I
I
I
I
CREW v. DOD MAY2013 RELEASE 000225
-2­

b) 6
b)(6)
organization.L..­
Prior to your departure from the
b
_)(_6) ----'
You will be providing servioes to a different unit of f
b
)(6)
and your duties generally Include the following activitJes: ------­
1 Kb)(6)
1,:b)(6)
I
CREW v. DOD MAY2013 RELEASE 000226

-3­
i)(6)
I

Discua$ion, As. I noted previously, there are a number of post':'Government
employment restricUons applicable to former Government employees and officers.
The fOIlOWi": are applicable to your prospective dlrties as aKb)(6)
J . ' -­
One ye., 14Coollng-Off'" 'Plriog. Foremost, you g,hould be mlndfur of the
y,ear cooling off periOd imposed by 18 U,S.C. § 207(;). Since you were the Program
Executive Offi,cer for a Joint Program, the ban is not limited to officers and employees. of
the Department of the Army, but extends to employees ,of th" Department of Defense
(000). As noted in my prior letter, the following departnients and organizations have
been designated 95 separate agencies for the purposes of this ban: Department of
Army; Department of the Navy; Department of the Air Force; Defense Cammlssary
Agency; Defense Contract Audit Agency; Defense Finance and Accounting' Service;
Defense Intelligence Defense Investlgatfve Servtce; Defense. Logistics Agenoy;
Defense M$pping Agency; Nuclear Asency; Defense Information Systems
Agency: National Security Agency; Office of the lnspeetor General of the Department of
Defel1se (IG, DoD); and the UnifOrmed Sen/icss Health Sciences.
Employees of DOD Components not designated as separate agencies, Including
employees of the Office of'the Secretary of Defense (OSD), are treated as el"l'lproyees
ofOoD.
Therefore, during the 'first year after your departure from Federal service, you
may not communic'ate to or appear before any DoD or Army employee or officer with
the Intent to influence. on behalf of any other person and. in connection with any matter
in wt1ich official action by a DoD or Army officer 'or employee is sought, This ban is
inapplicable to representations before employees of the other components listed above
or employees af other Federal agencies. Please note, however, tha.t if an Army office'r
is assigned to the 'Department of Home/s'tld Security, ff)r example, 'the one year cooHng
off period is to any representations made before that officer. This period
begins the effective date of your .snd not the date on which youbegsn
transition leave.
Unlike the representatiO'ns that you may have made as a ,sole proprietor,
representations made on behalf ofK
b
)(6) . 'as aKb)(6) 11$11 with this ban.
This provision is very broad'in its application as it relates to communications with or
appearances before,Army or 000 'employees and officen;. For example, you will be
unable to attend meetings as a (b)(6) lat which Army or,Do.o employees or officers
are also in attendance, 'eventhough you do not :speak. You are unable to sign email$ or
letters, or make telephone calfs to Army or 000 em.ployees or officers. Again, the
, 'n:
CREW v. DOD MAY2013 RELEASE 000227
-4­
proscription applies to Army and DoD personnel and is not limited to the Army or a 000
wotkpla.ce. Behlnd-ths"5cene& or assistance /s legally permls·slble.
Ufttime Ban 18lJ.S.C. § 201(a1(1). Under the lifetime ban (18 U.S.C.
§ 207(a)(1». you are prohibited from representing BI1Y non.. Federel entity before any
Executive or Judicial Stanch ofter or employee on particular matters In which you
personally and substantlaUy participated. Unlike the one-year cooling off period, this
ban applies to representatIons made to at! Federal officers and employees and is not
limited to representations made to employees of DoD or·the Army. As in your
request to me, you were the Milestone Decision .Authority for two contracts still in effect:
(1) the Joint We rning and Reporting Network and (2) the Joint Model. Both of
these are particular matters for which you are unable to represent any •
entity lto inCludeKb)(6). Ib$fore any Executive or Judio.i·a! Branch $mployee
for the lifetime of the contracts. I also note that the lifetime ban i& app·licable to any
particular matter in which you personally and substantially participated re.gardleS$ of
whether Northrop Grumman was the successful bidd·er. For example, it appears that
Kb)(6) Ihad a number of joint development programs with the Department of
Homeland Security. If such programs are particular matters, then you are unable to
representK
b
)(6) lor any other non.. Federal entity on these particular
matters. Again, or in-house assistance is
Two-Year SaD 18 U.S.C. §207(t1CZJ. Under the provisions of 18 U.S.C.
S207(s){2), you faoe a two..year ban on attempting to Influence Exec.utive or Judicial
Branch officials on behalf of a entity on particular matters that were under
.your official responsibiJity during your last of Government service. Tna
ban begins to run when you retire Iand applies even if you dld
not personally participate in the matter. Again, this ban applies to representing another
party befo're the United States and extends to all and officers. Like
the lifetime ban, this ban pertain'S to partioular matters. MOl1lJOver, this "an app'lItl$
even"you had no pet'Sonal /(nowfedge ofa particular matter to wh;(:h a :$pee/fic
party was iclenttned, as long. it· was pending under your o",oial responsibility
during your last. year with the Govet'nment.
As yOU also noted in your requ.est rior to our d art fa from the b)(6)
Kb)(6) Iwas a ..----:-__------..,=--- ,----J
Kb)(6) under the purview'of a b)(6) within your former organization.
Kb)(6) Iwas not the successful bidder. This is a particular matt$r. however,
that was under your official rS$ponslbiJity. Your are, therefore, prohibited from
representing any entity (to include Kb)(6) . I even though it was
unsuccessful) on this particular matter for stwa-year after your departure from
Federal service. Again, the two-year period begins I·
You should be cautious in your post.:.Govemment employment activities in
regard". to this particular ban. This ban i's applic.able to alJ particutar matters under your
..,:,."
CREW v. DOD MAY2013 RELEASE 000228
areS's of responsibility. This ban applies even If you had no personal knowledge of a
particular maiter to which a specific p.arty was identified, as long as it was pending
under your official responsibility during your last year with the Government (5 C. F. R.
§2637.202{b)(4»). .
procurement Integrit\! AcS. Although you served as Source Selection Authority
in 1997 (in which a contract exceeding $10 miHlOI1 was awarded) and a project manager
from 1-997..2001, this prOVision is not applica9/e 10 you be.cau.se you did not performlhe
covered functions within the last year of yourGovefnmentservic::e.
Non:Pyblic Information. You are reminded that you are precluded from using
Information gained while employed by the Army that ts generally not available to the public,
(for example, proprietary or sourca selection information) if the use of that "inside"
information would give you or anyone else an unfair financiat or commercial advantage.
Additionally, 18 U.S.C. §§ 793 and 794 protect and prohibit the use or-disclosure oUrada
secrets, confidential business information. and classified Jnformation. Further restrietiQns
are imposed by 10 U.S'.C. § 130.
My advice with respect to these matters is advisory only and is prOVided in
with Section 847 ofthe NOAA, as well as Section 2635..107 of title 5, Code
Of Federal RegUlations, I am provfdll19 this advice in my official ca.pacity, on behalf of
the United States. and not as your representative. As noted in the qU9$tionnaire, there
is no relationshIp establiShed between us, The Information prOVided to
me Is not confidential and is necessary to p,rovide written ethics advice. Should you
require further advice, I may be reached . ... ,
Sincerely.
. b)(6)
Associate Deputy General Counsel
(Ethics & Fiscal)
CREW v. DOD MAY2013 RELEASE 000229
-2­
b)(6)
WlscuS11PD. As I noted: previously in my' email, there are·a number of post­
Government employmentrestrldions of which you should be mindful. I will first provide
the overarching restrictions and then speoiflcally address the duties.
Qat ye,c "{:oolfns...Qf!' Plrlod. Foremost, you should be mindful of the·one-­
year cooling off period Imposedby 18 U.S.C. § 207(c). Since you were the Program
Executive Officer for a Joiht Program, the ban Is not limited to officers and employees of
the Department of· the Army, but extends to employees of the-Dep'artment of Defense
(DoD). As noted In my prior letter. the following departments and organizations have
been designated as separate agencies for the pu.rposes of thIs ban: Department of the
Anny; Department of the Navy; Department -of the Air Force; _Defense Commiss8ty
Agency: Defense Contract Audit Agency; Defense Finance and Accounting Servi'qe;
DefenSe fntertlgence Agency; Defense Service; Defense Logistics Agency:
Defense M.apping Agency; Defense Nuclear Agency;· Defense Information Systems
Agehcy; National SecurftyAgency; Office of the InspeetorGeneral of the Department of
Defense (lG. 000); and the UnIformed· Services University of the Health Sciences..
Employees of 000 Components not as separate agencies, Includ.ing
employees of the Office of the seoretary of Defense (OSD)., are treated as employees
of 000,
.' ;'"
CREW v. DOD MAY2013 RELEASE 000230
-3­
Therefore, during the firSt year after your frorn Federal service, you
may not communicate to or appear before any DoD or Army employee or offi.cer with
the Intent to influence, on beha·lf of any other person and In connection with any matter
In which official action by a DoD or Army or employee Is sought. This ban is
Inapplicable to representations before employees of the other components listed above
or employees of other Federal agenoles, Please note, however, that if an Army officer
fs assigned to the Department of Homeland Security, for example, the one year cooling
off period is applicable to any representations made before that officer. This period
begins the 'effective date of your retirement and not the date on which you began
transition leave.
Unlike the represen1l:itions made as a ·sole proprietor,
repres&ntations made on behalf as aKb 6) Ifall with this ban. This provision
Is very broad in its application as it relates to communications with or appearances
before Army or DoD employees and officers. For example, you will be unable to attend
meetings 8S {b)(6) I at which Army 0 r DoD employees ·or are a'lso In
attendance, even you do not speak. You are unable to sIgn emails or letters, or
make telephone calls to Army or .D.oD·employees or officers. Again, the pro,scripflOli
applies to Army and 000 personnel and Is not limited to Army or a DoD workplace.
Behind-the...scenes or In-house assistance is legally permIssible.
Ijfetlmr I!n 11 V.S.C. § Under the lifetime ban (18 U.S.C.
§ 207(a)(1 »). you are prohibited from representing any non·Federal entity before any
EJcecutive or Judicial Branch officer or employee on particular matters in which you
personally and substantially participated. Unlike the o'ne-year cooling off period. this
ban applies to representations made to all Federal officers and employee-sand Is not
limited to representations made to em 10 eas of 000 or the Army. As noted in your
ra uest to me, au were the b)(6) for two contracts still in effect:
(1) b)(6)nd(2) "the b)(6) Both of
these are particular matters 'for which you are unable to represent any no"",Federal
(to Ibefore any Executive or Judtdial Branch employee for the lifetIme
of the contracts. a 50 note that the Ilfetlmeban is applicable to any particular matter In
which you personally and substantially partlapSr reearet less of Whet.her Kb)( rwas the
s.uccessful bidder. For example, it appeaFs that b)(6) Ihad a number of joint
development programs with the Department of Homeland Security. If.such progr1;lms
are partl,cular matters, then you are unable to lot any other non-Federal
erltity on these particular matters. Again, behlnd-the-scenes or in-house assistance is
permissible.
Tw;o-V"r EI,.-n 18 U.S." § 20ZliU,2A. Under the provisions of"18!J.S,C.
§ 207(a){2), you face a ban on attempting to influence Executive or Judicial
Branch officials on behalf of a non..Pederal entity on parl/cul., mattet'$ that were under
your officIal responsIbility during your last year of GovelTlment se·rYlce. The
ban begins to run When you retire I, and applies even if you did
not personally participate In the matter. Again, this ban applies to repfes6ntJng another
..... ,..
CREW v. DOD MAY2013 RELEASE 000231

party before the United States and 9l<tends to alt Federal employees and officers. Uka
the lifetime ban,this ban pertains to particular matters. Moreoverj this ban apiJlies
even If you had no personsI knowledge of e partlcul.r matter to which a specific
party wa·s idenUn.d. liS long as it was pending under your omr;;lal responsibility
during your last year with the Government.
You should be cautious in your post..Government employment actIVities in
regards to th-is particular ban. This ban Is applioable to all particular matters under your
areas of responsibility. This ban appU·Q.s even if you bad no personal knowledge of a
particular rnatter"to whIch a specific partywasidentifJed. as long as it was pendIng.
under your official responsIbility during your last year with the Government (5 C. F, R.
§ 2637.202(b)(4)). . ­
As previOl.,lSIy noted, you are precluded from using
infortnatlongalned while employed by the Army that Is generally not available to the public,
(for proprIetary or source selection informatton) if the use.of that "inside"
information woutd give you or anyone else an unfair financial or commercial advantage.
Additionally, 18 U.S.C. §§·193 and 794 protect and prohibit the use or disclosure of trade
secrets. confidential business inforrnatron, and classified Information. Further restrictlons
are imposed by 10 U.S.C. § 130.
ANleBbing to The following advIce ·is ta·ilored to
the spedflc duties outlined above and reit.erates the infonnal advrce provided in my
amaH (dated July 1, 2009).
s. In regards to your participation in various internal Ibus.iness development
activities. are internal there are no representational issues, You are·
prohibited from sharing proprietary information and nonwpubHc infonriation, however.
b. You may also assist in strategic planning actions
business area, as these task·s I1lPpearto be intemaJ do n-o-=-tl"--'n-vo-='-ve--­
representational activities.
c. Your particiation in and is some cases facilitatton of meetln s with
in the b)(6) '1 b)(6)
b 6 2 . b)(6) (a) b6
b)(6) (4) L.:-b.:....:..)(6...::....) __ .......
restrloted by the postwGovemment employment rules. In fulfJlling1nea$ tasks, you must
be mindful of three of the post..Government employment lifetime ban (18
U.S.C. § 207(a)(1». officIal responsibility ban (18 U.S.C. § 201(a)(2», and one year
cooling off periOd (18 U.S.C. § 207(c). For example,. you. are ul1able to representill(§]to
arrange meetings on particular matters in Which you personally and substantIally
participated or which were under-your offIcial responsIbility. Additionally; you are unable
to arrange meetings forKb)( IWith any 000 or Army employee, regardless of where the
r
CREW v. DOD MAY2013 RELEASE 000232
-5­
meeting may be held (18 U.S.C. § 207(c». Again, the one-year cooling off period
begins the date of your retIrement and not the date your transition leave began.
d. You may assist In Iprocess. As·discussed in my
original letter, the restrictions are not appUcable to representations before members of
Congress. If you are reqwlred' to meet membefS of Congress on however.
and an employee of DoD or Arn'lY fs present. then the one-year cooling off period is
applicable.. In this scenario,either you or the DoD or Army employee must leave the
meeting.
e. Attend b)(6) eonferences, workshopSi seminars and SPQdial
govemment meetings identified b b)(6 or suggested by you andagraed to If
you are attending these on behalf ofriillIland 000 or Army employees are attending,
then the one-year cooling off period is a.pplicable. The replllsentatibn restrictions
include appe'tilrances before employees of DoD or Army and are not restricted to
communications (either verbal or written) with DoD or Army employees.
f. Generate/provide reports andlor briefings to Imanagement on selected
activities as required. This appears to be Internal and does not'appear to Include any
representational activities.
My advice with respect to these matters is advisory only and is provided in
accordance with Section 841 of the NDAA,sa well as Saellon 2535.107 oftftle 5, Code
of Federal Regulatl'ons. I am providing this acivice in my official capacity, on behalf of
the United States, and not as your representative. As noted 1n the questionnaire. there
1$ no.attomey..client relationship established between us. The information provided to
ine is not confidential and it; necessary to. 'provide written ethics advice. Should you
I
Sincerely.
Associate Deputy General Counsel
(Ethics & Fisc.al)
CREW v. DOD MAY2013 RELEASE 000233
DEP,ARTMENT OF THE AiR FORCE
AIR FORCE MATERIEl. COMMAND LAW OFFIce. (AFMC) .
WRIGHT-PATIE·RSON AIR FORCE BASE, OHIO

25 FEB ZOag
Bu,U4i:ng I 5, 1'l.m 130
1804 4
1
.kStreet
Wrighl-Pllltt,sOn AFB OR 45433.7135
b)(6)
Dear _
This Jetter is provided in r:esponsll to yoUt recent requesf for an authoritative intelprctatioll ofthe appUeati01'l of
Secti(ln 42.3 ofTide 41, United StateS Code and as teqtdted SoctiQ11841 Public Law 110-181, to your lIervice.
as an o"fficlal of 000, Briefly, 41 USC emplo)'4ti.s frolnaccept.irig compensation from D
rA:ltlttllr.tor for II peri.ad of('me year if they SErved in certain p.osWons or mlde c.ertain decisions ill cO'J1llel;:fion widu
awardod to that cQnltaeror.
Vnder this Sl4t\lte DedQt.l11.ted If.&¢tlf;,y" J3rh.lll$ Offtcialsa.nd d'clegatee:s ,hiI.ve· the IQ Tender .
lIulliootellve opjni()II$ Qp.pUGlii'b'1Uty·of(he·lIt1lh1te to the ilccep.Umce o(c:ompeulIu.tlo.n frQPl Gonl:taclQU.
Ba.ed on tbe .bo.:vewc.e.ived .fi'olI1 you,.lt ;!S my opinion i!lat rbe $tll..tute would not I'jet yOll from
llcccplin$ ¢oml'0nllotion from Glly ·compllny_
Be ll.d... thaI having 11 \>e diSqual$fteq f\:om al.llueh durie".
l)_.g;"fflCommend.e.riotlS; and before
tP:.elC df·.COmPBJlY·
gOV,llntllnlli)t (includi,ngme in a rermiualleave status) are SeII"aUy:prohibiled.by 18 USC
203f20§ "ftGI'n repl'o,t6n.tiJl;i{ (tb,tQ\.lgb or appe.li,rl!nce) Mher .indj\lidtltllll. e.Qri\plJAies·, Ol' nOIl-federe,l
Wf'c>rc... ·m addinon, 'be DcO·Qcneral Counsel's ofiice lSNd gu£dance .that lSJJSJ;;;
2t)3I2OSmah!l!a 1$ l!C!!W!WeltO work fQ(

Sincerely
1/ Dhec.t<.lI
Auadlliient&:
L Your Ltr,b.­
Kb
7"7)(6=)----"
2. :18 USC 207· partlphlc.t
CREW v. DOD MAY2013 RELEASE 000234
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
OfflCI of the Olneral Coun••1
SAF/OCA
JUl SO.
1740 Air Force Pentagon
Washington, DC 20330·1740
b)(6)
Dearr_b)_(6_) _
This is in response to your request for an ethics opinion regarding post-govemment
employment restrictions in relation to your potential employment with Air Force contractors
after your retirement.
understand that you will start terminal leave onKb)(6) land will retire
advise that in your last Air Force position, you were . I
1for I
ear ou have authorized various contract actions valued
- Iand with
The .. ............ · ----,P Act (41 U.S.C. §.423)
prohibits a fonner govenunent official who has made a decision to approve issuance ofa
contract payment in excess of$10 million: from accepting compensation trom that contractor as
an employee, officer. director or consultant for a period of one year after such approval was
made. to the you last approved an applicable contract
action forKb)(6) Ion and forKb)(6) I I
therefore, your compensation ban will last until those dates in 2008. respectively. Please note,
however, that this ban will not prohibit you from accepting compensation from a division or
affiliate of the contractor that that does not produce the same or similar products as the division
for wbich you approved the contract action. As this·determination is very fact specific, ·ifyou
enter discussions with either of these companies, please consult with"this office.
Additionally, because you may contact Ail' Force and Department of Defense officials in
the course of your new employment, areviewofthe post·employment restrictions under J8
U.S.C. §207 is appropriate.
Principally, as a former general officer, you are barred from making any commwdcation
or appearance with intent to influence any AirForc:eofficer or employee for one year from the
date of your retirement (18 U.S.C. §207(c».
l··'··
CREW v. DOD MAY2013 RELEASE 000235
2
Further, this statute prohibits you for life from acting as agent or otherwise representing,
fonnally or informally, anyone except the United States before any department, agency or office
ofthe United States in connection with illY particular mAtter involving specific parties in which
the United States is a party or has a direct and substantial interest and, in which you participat§d
IS'sonaUy and for the government while you were on active duty (18 U.S.C.
§207(a)(l». Please note that each ofthe underlined tenus must apply to your situation before
this restriction applies to you.
You are also barred for a period of two yean from your retirement date from acting as
agent for, or otherwise representing, fonnally or infonnally. anyone eX<:ept the United States
before any department. agency or office of the United States in connection with any uarti£U1ar
matter involving the same specific pwes and in which the is a party or has a direct
and substantial interest and which specific matter was pending under your official responsibility
during the last year ofsuch responsibility, (18 §207(a)(2».
. If you are employed during tenninalleave, prior to your official retirement date, you .
must have pennission to engage in off-duty employment. Generally, there is no objection to
such off-duty employment. subject to your commander's or supervisor's approval. However,
being employed prior to retirement limits your representational contacts back to Federal
Government officials until your official retirement date. 18 U.S.C. §203 prohibits a govemment
employee from receiving compensation for representational services done by himselfor another
in a matter in which the United States is a party. 18 U.S.C. §20S prohibits 8 govenunent
employee from perfoming any representational services in a matter in which the United States is
a. party, even without compensation. Finally, the Federal Acquisition Regulation prohibits the
government from entering into a contract with a government employee. Upon your official
retirement date, these limitations expire.
Because we cannot anticipate every situation that may arise relative to your proposed
employment, my comments have been addressed to, and are contingent upon, the information
you provided. In addition. you bear the responsibility of ensuring that your post-government
employment activities comply with the statutory provisions described above. We therefore
recommend that you consult withlegal counsel in the event that any situation arises in the future
that could plRce you in Cf:>n.t'llilt w'ltb the telating·tQ yOur status 8,a fonner officer.
Congratulations on your retirement and good luck with your job search;
Si .
b)(6)
Associate General Counsel
(FiscaJ,Ethics & Administrative Law)
..._.._-----_...._--_.....-..... ......
CREW v. DOD MAY2013 RELEASE 000236
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Olfloe of the Cene,.l Cown..'
January 06, 2010
SAP/GCA
1740 Air Force Pentagon
Washington, DC 1740
r)(6) I
_
The following is an ethics opinion Ie_ding employment restrictions now
that two years has passed since you resigned from Government Service.
We understand that you resigned your position as a member ofthe Senior Executive Service
effective b)(6 In your last government sifion au served as the b)(6
b) 6) Yo r duties included res ons'bill fo b 6
b 6 and b)(6) Because ofthis level of
responsibility, you were subject to a two-year ban on acting as agent for, or otherwise representing
fonnally or informally, anyone except the United Slatesbcfore any department, agency or office of
the United States in connection with any _i.cuIAr matter involving the SAme _me PMtiei and in
which the government Is a party or has 4 direct and substantial interest that was pending for the entire
agenc)' during YOlJr last year ofservice. (IS U,S.C. §207(a)(2)). Because two years have passed
since your resignation. you are no longer subject to this ban for matters in which you did not
participate personally and substantially.
You continue to be barred tor life from acting as agent, or otherwise ",presenting, formally
or infonnall)' anyone except the United States before an)' department, agency or office of the United
States in connection with any DActicylar involving potties in which the United States
is a party or has a direct and Jubstantial interest and in which you partici_d personally and
substaqtially for the govemment while you were a government employee. (18 U.S.C. § 207(a)(1»
Please note that each ofthe underlined terms must apply to your situation before this restriction
applies to you.
the b)(6)
contract awarded to I'-:=b::.L'-"6:L-
program was cancelled and the contract was terminated in b)(6 Although the
contract is cancelled, closeout issues such as cost negotiations are ongoing. You continue to be
barred ftom representing a third party to the on these iSsue.s, The ban does not apply.
howtver, to the new program that has as it is a different particular matter.
Because we cannot anticipate every situation that may arise relative to your proposed
employmcnt,lJ1Y comments have been addressed to, and are contingent upon, the information you
provided. In addition, you bear the responsibility ofensuring that your post-Oovemment
employment activities eomply with the statutory provisions described above. We therefore
recommend that you consult with ¢ounsel In the ·lWent that any situatiOft aliwa In the ftlture that
could place you in contllct with the law to your status as a former government empioyee.
, .,.:... '.. J: ,.
CREW v. DOD MAY2013 RELEASE 000237
2
Finally, my advice with respect to these matters is advisory only. I am providing this advice
in my official capacity, on behalfofthl! United States. and not as your personal representative.
Neither the lnfonnation you provided to rec:eivethisadvlce letter, nor the provision ofthis letter.
creates an attomey-client relationship between you and the attorney rendering such advice. .
Good luck with your fut1,lre endeavors, and please do not hesitate to contact us ifyou have
any further questions or concerns.
Sincerely,
b);Bl
Associate Oeneraf Counsel
Fiscal, Ethics & AdminIstrative Law
CREW v. DOD MAY2013 RELEASE 000238
I
DEPARTMENT OF THE A'R F.ORCE
WASHINGTON, DC
Office of 'Moen-I'll Counsel
f
b
)(6)
August 29, 2008
This letter responds to your request for a written opinion regarding whether ou would be
prohibited by the Procurement Integrity Act from accepting compensation from b)(6)
r;;-=;::;';2-----L...:....-..::....::.:'------,
b.ased on the infonnation fOU provided regarding your fonner duties as the b)(6)
. '-----------'
=---c--,c=-----------,
You have indicated you have been offered a position to serve as a b)(6)
r.-:=-:--:;:;,...:::.J...-------...,----------'
b)(6) IThe Dos[tion would reauire ..... (6"""'-,....._----,______-------J
b)(6) land b)(6)
b)(6) I '---------------'
The only law that would prevent you, as a fonner senior official, from accepting
compensation from any particular entity is the Procurement Integrity Ac" 41 U.S.C. § 423. The
Procurement Integrity Act prohibits a fonner official ofaFederal agency from accepting
compensation from a contractor within a period ofone year after former official served in a
particular capacity or personally took one or more actions involving a Federal Agency
procurement. The restrictions on post.govemment employment are triggered by holding certain
.positions, or making certain decisions, on large acquisitions. This includes serving as the
Procuring Contracting Officer (peO). Source Selection Authority (SSA), serving as a member of
the Source Selection Evaluation Board. serving as the chief ofa financial or technical evl:lJuation
team, or serving as the Program Manager, Deputy Program Manager or Administrative
Contracting Officer on a contract over $10 million.
The one-year compensation ban also applies to anyone wh9 personaJly makes any· ofthe
following decisions:'to award a contraotor asubcontract over $10 million, award a modification
of contract or subcontract over 110 million, award a task order or delivery order over $10
million, establish overhead or other rates applicable to a contract or contracts that are valued over
$10 million, approve issuance ofa contract payment or payments over $10 million, payor settle
a contract claim over $10 million.
You advise that during your last year ofFederaJ service with the Air Force, you did not
serve in1Yofiese capacities, and you did not make any ofthe decisions set out above with
Ito b)(6) Consequently. this law will not impact your prospective employment with
b)(6)
There are, however, other provisions of the law that would limit yourrepresentatirinal
activities on bebalfofprO.specdvee.mployers. and are b.e.low.
CREW v. DOD MAY2013 RELEASE 000239
2
18 V.S.C. § 207{a}: Title 18 U.S.C. § 207 is a criminal statute that restricts certain
representational activities of fonner Government offic:ials. It prevents an individual who
participated in. or was responsible fOf, a particular matter while employed by the Government
from later "switching sides" and representing someone else in the same matter. It also provides
additional restrictions for former general officers and sentor employees.
a. Section201(a)(1) imposes a lifetime bar that prohibits you from knowingly making.
with the intent to influence, any communication or even an appearance before. an employee
of the United States on behalf of someone else in Connection with a "particular matter" involving
a specific party in which you participated "personally and substantially" as a Government officer
in which the United States has a direct and substantial interest. For example, if you were
.involved in a logistics matter that concemed a particular contractor and the Air Force, you could
not switch sides and represent that contractor before the Air Force - in telephone call's,
emails or at meetings - on that particular matter. Neither section 201(a)( I) nor 207(a)(2).
however. prohibits you from providing "behind the scenes" or consulting assistance to others
who may themselves lawfully make representationS to. the Govemment. .
The tcnn "particular matter," which is found in both sections 207(a)(1) and 207{aX2), is a
legaJ term of art. There are two components to this definition. First, a "particular matter" .
includes any investigation, application, r.equest for ruling or detennlriation, role making, contract.
controversy, claim, charge, accusation, arrest, or judicial or other proceeding. 18 U.S.C. §
207(i)(3). Second, a "particular matter" is one that involves a specific party or specific parties at
the time ofyour participation as a Government employee. SCFR 2637.201(c). By way of
illustration, many Air Force policy issues with which you would have dealt would not be
"particular matters" unless they clearly impacted identifiable parties outside olthe Government.
!
The tenns "perSClnaUyandsubstantially" are also terms ofart. You may have
participated upersonalIy" in a matter even though directing a subordinate's involvement. YOu
may have participated "$ubstantially" ifyour involvement was ofsignificance to the matter.
Participation in a single critical step may be considered substantial,while mucb involvement in
minor issues may be insubstantial. The facts regarding the level of involvementare important to
the analysis. 5 CPR 2637.201 (d).
Note that each ofthe key elements - "particular matter." "specific party Dr partics,n
"personal and substantial involvement" • must be present for the section 207(a)(1) restriction to
apply. Also, keep in mind that section 207(a)(I) and the 201(a)(2) restriction (discussed below)
limit your representational activities. They do not prohibit you from giving "behind-tbe scenes
il
.
assistance in coMection with another person's representation to the government. Finally, these
restrictions do not'apply to communications involving purely social interaction, requests for
publicly available documents, or requests for factual infonnation.
Section is nearly identical to the above 1ifetime restriction except that it (1) lasts for
. only two years after leaving Government service (rather than life), and (2) it applies to all)'
matters that were pending under your officialresponslblliryduring the one-year period before
tennlnating Government employment, whether you were aware of these matters or not.
Something that is within your "official responsibility" is generally something that was within
your direct administrative or operating authority. This included authority that is either
.. ', .
CREW v. DOD MAY2013 RELEASE 000240
3
intennediate or final, and either exercisable alone or with others regardless of whether it is
exercised personally or through subordinates. It also includes the authority to approve,
disapprove, or otherwise direct Government action. The actual scope of your official
responsibility is typically detennined by those areas assigned by statute, regulation, executive
order. or job description.
18 U.S&. § aQ7(s): Because you were a senior official, section 207(c)(I) prohibits you for one
year after your retirement from contacting any officer or employee of your fonner agency with
the intent to influence any official matter. Because you served in a position that required you to
be appointed by the President and tonfinned by the Senate, for purposes of this restriction, both
the Department ofthe Air Force and the Department ofDefense (and its components) are the
applicable agencies. The one;"year cooling-offperiod does not prohibit purely social contact with
current Air Force personnel, nor would it prohibit you from responding to a request from the Air
Force or DoD for your assistance with some types of infonnation or expertise.
lI.JJ.S.C. § 207(0: Further. because you were a senior official, section 207(f) prohibits you for
one year after your retirement from representing or aiding or advising a foreign government,
foreign government-controlled corporation. or foreign political entity with the intent to influence
a decision of any officer, employee or agency of the United States. This would restrict your
activities with foreign governments or political entities for one year from your retirement. This
restriction is not limited to matters in Which you participated personally and substantially or
which were under your official supervision. It includes any matters in which you might
represent, advise. or aid a foreign government, corporation, or political
view. based on the information you provided regarding your proposed employment
not prohibited by the post-employment rules. However. to avoid violating 18 USC
207(£), for one year from the date you left service in the Air-Porce, you should not communicate
with foreign officials regarding matters that potentially involve decisions or official action by the
United States.
I hope this infonnation is helpful to you. If you have additional questions regarding your
post-government service. please contact me at )(6) lor by at
I
b)(6)
Director, Air Force Ethics Office
(Fiscal. Ethics &Administrative Law)
.; .. 7
CREW v. DOD MAY2013 RELEASE 000241

Sign up to vote on this title
UsefulNot useful