Science and Technology in the National Interest Ensuring the Best Presidential and Federal Advisory Committee Science and Technology Appointments (2005) / Chapter Skim
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Appendix J Preemployment Requirements and Post-employment Restrictions
Appendix J Preemployment Requirements and Post-employment Restrictions
Pages 201-208
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From page 201... ...
Pre-employment Requirements: The need for reasonable regulations to promote ethical conduct in government is clear, and most ethics laws -- especially those requiring public financial disclosure and prohibiting federal employees from participating in matters in which they have a financial interest -- are necessary. But recent efforts to achieve a scandal-proof government can deter talented and experienced S&T personnel from taking senior government positions.
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From page 202... ...
Nor can a company ordinarily advance the vesting schedule in favor of an employee; such an action could be tantamount to paying the employee to go into government service and thus constitute a violation of the criminal code. Congress attempted to mitigate losses for those who are forced to divest themselves of stock by allowing them to "roll over" the value of such stock into an acceptable diversified fund.
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From page 203... ...
Often, it is that strict approach by the oversight committees, rather than differing interpretation of the statutes or regulations, that causes disparate treatment of presidential appointees. In an effort to mitigate the effect of the prohibition on holding stocks in companies that might do business with a nominee's agency, the statutes and regulations authorize the use of two types of financial vehicles that avoid the appearance of conflict of interest: qualified blind trusts and qualified diversified trusts.
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From page 204... ...
Postemployment Restrictions: In its 1992 study of this issue,2 the National Academies committee reported that presiden tial recruiters, as well as scientists and engineers who have been approached by recruiters, found that the laws restricting postgovernment employment have become the biggest disincentive to public service. Overlapping, confusing, and in some respects overbroad measures that were suspended with the passage of the 1989 Ethics Reform Act have come back into effect, and there is constant pressure to broaden the restrictions further by banning officials involved in specific procurement actions from working in any capacity for any competing contractors for 1 or 2 years.
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From page 205... ...
For a scientist or engineer, that can mean the inability to seek a research grant from an agency even if that agency had been a primary source of support before government service. (In this case, however, the scientific community is assisted by the exception allowed for persons representing degree-granting institu tions of higher learning.
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From page 206... ...
Standards of ethical conduct are specified for all employees of the federal government pursuant to Executive Order 12674. In theory, this uniform set of standards applies equally to all employ ees, including presidential appointees.
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From page 207... ...
Additional details about supplementary requirements can be found at the OGE Web site: http://www.usoge.gov/ usoge006.html#supplemental. Shared Executive and Legislative Responsibility: The executive and legislative branches share the responsibility of reducing pre-employment requirements and postemployment restrictions, which can be obstacles to public service for S&T leaders.
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From page 208... ...
Part 2634. Executive Branch Financial Disclo sures, Qualified Trusts, and Certificates of Divestiture.
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