# 5 C.F.R. § 2635.605 (2026): Waiver or authorization permitting participation while seeking employment

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T5_P2635_S2635_605

## Section

- **Citation:** 5 C.F.R. § 2635.605 (2026)
- **Heading:** Waiver or authorization permitting participation while seeking employment
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 5 CFR: Administrative Personnel / Chapter XVI: OFFICE OF GOVERNMENT ETHICS / Part 2635: STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH / Subpart F: Seeking Other Employment / § 2635.605: § 2635.605   Waiver or authorization permitting participation while seeking employment.

## Text

(a)
Waiver.
When, as defined in § 2635.603(b)(1)(i), an employee is engaged in employment negotiations for purposes of 18 U.S.C. 208(a), the employee may not participate personally and substantially in a particular matter that, to the employee's knowledge, has a direct and predictable effect on the financial interests of a prospective employer. The employee may participate in such matters only when the employee has received a written waiver issued under the authority of 18 U.S.C. 208(b)(1) or (3). These waivers are described in § 2635.402(d) and part 2640, subpart C, of this chapter. For certain employees, a regulatory exemption under the authority of 18 U.S.C. 208(b)(2) may also apply (see part 2640, subpart B, of this chapter, including § 2640.203(g) and (i)).
Example 1 to paragraph (a):
An employee of the Department of Agriculture is negotiating for employment within the meaning of 18 U.S.C. 208(a) and § 2635.603(b)(1)(i) with an orange grower. In the absence of a written waiver issued under 18 U.S.C. 208(b)(1), the employee may not take official action on a complaint filed by a competitor alleging that the grower has shipped oranges in violation of applicable quotas.
(b)
Authorization by agency designee.
When an employee is seeking employment within the meaning of § 2635.603(b)(1)(ii) or (iii) and is not negotiating for employment, a reasonable person would be likely to question the employee's impartiality if the employee were to participate personally and substantially in a particular matter that, to the employee's knowledge, has a direct and predictable effect on the financial interests of any such prospective employer. The employee may participate in such matters only when the agency designee has authorized in writing the employee's participation in accordance with the standards set forth in § 2635.502(d).
Example 1 to paragraph (b):
Within the past month, an employee of the Department of Education mailed a resume to a university
and predictable effect on the financial interests of any such prospective employer. The employee may participate in such matters only when the agency designee has authorized in writing the employee's participation in accordance with the standards set forth in § 2635.502(d).
Example 1 to paragraph (b):
Within the past month, an employee of the Department of Education mailed a resume to a university. The employee is thus seeking employment with the university within the meaning of § 2635.603(b)(1)(ii). In the absence of specific authorization by the agency designee in accordance with § 2635.502(d), the employee may not participate personally and substantially in an assignment to review a grant application submitted by the university.

## Nearby sections

- [5 C.F.R. § 2635.601 (2026) § 2635.601   Overview.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P2635_S2635_601.md)
- [5 C.F.R. § 2635.602 (2026) § 2635.602   Applicability and related considerations.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P2635_S2635_602.md)
- [5 C.F.R. § 2635.603 (2026) § 2635.603   Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P2635_S2635_603.md)
- [5 C.F.R. § 2635.604 (2026) § 2635.604   Recusal while seeking employment.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P2635_S2635_604.md)
- [5 C.F.R. § 2635.605 (2026) § 2635.605   Waiver or authorization permitting participation while seeking employment.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P2635_S2635_605.md)
- [5 C.F.R. § 2635.606 (2026) § 2635.606   Recusal based on an arrangement concerning prospective employment or otherwise after negotiations.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P2635_S2635_606.md)
- [5 C.F.R. § 2635.607 (2026) § 2635.607   Notification requirements for public financial disclosure report filers regarding negotiations for or agreement of future employment or compensation.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P2635_S2635_607.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T5_P2635_S2635_605. Check the current official text before relying on it. Not legal advice.