How does paragraph 4 of the Pledge apply to non-career appointees who later are appointed or reinstated to career positions?
The two-year period specified in paragraph 4 runs from the end of the appointee’s non-career appointment, not from the end of any separate career appointment the individual may have. In other words, the two-year clock begins to run as soon as a non-career appointee moves to a position that is not subject to the Pledge. (By contrast, the one-year cooling-off period of 18 U.S.C. 207(c) commences when an individual ceases to be a senior employee, whether career or non-career. 5 C.F.R. 2641.204(c).) Of course, in most cases, non-career appointees will leave Government when their non-career service is concluded. Example: A career member of the SES is given a non-career Presidential appointment, at which time she signs the Ethics Pledge. After the conclusion of her Presidential appointment, she is reinstated as a career SES appointee, pursuant to 5 C.F.R. 317.703. After serving five more years in a career SES position, she retires from Government. Although she is a senior employee subject to
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