Program Operations Manual System (POMS)
TN 1 (09-18)
GN 03980.010 Representation by Special Federal Employees
A. Definitions for terms used in this section
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1.
“Special Federal employee” means:
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a.
Individuals, such as advisory committee members, consultants, experts, and others
who are retained, designated, appointed, or employed to perform, with or without compensation,
temporary duties either on a full-time or intermittent basis, for not more than 130
days during any period of 365 consecutive days; or
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b.
A part-time U.S. Magistrate; or
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c.
A part-time local representative of a member of Congress; or
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d.
A reserve officer of the Armed Forces or an officer of the National Guard of the United
States who:
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1.
Is serving involuntarily on extended active duty for any length of time (unless she
or he is otherwise an officer or employee of the United States); or
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2.
Is serving voluntarily on extended active duty for 130 days or less.
B. General standards for special employee representation
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1.
A special Federal employee may represent parties in claims before the United States
except:
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a.
As to matters in which the individual has at any time participated personally and
substantially in the course of his Federal employment; or
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b.
If the individual has served the department or agency where she is employed for more
than 60 days in the immediately preceding period of 365 days and the matter is one
which is pending before the department or agency. This restraint applies whether or
not the matter is one in which the individual participated personally and substantially
during her Federal employment.
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2.
In the situations described in subsections (B)(1)(a) and (b), a special Federal employee
is prohibited from demanding, seeking, receiving, accepting, or agreeing to receive
or accept any compensation for any representational services, as agent or attorney
or otherwise in relation to any proceeding, application, request for a ruling or other
determination, contract, claim, controversy, charge, accusation, arrest, or other
particular matter in which the United States is a party or has a direct and substantial
interest, before any department, agency, court, court-martial, officer or civil, military
or naval commission.
C. Exceptions to General Standards for Special Employee Representation
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1.
Nothing in subsection (B) above prevents a regular Federal employee from acting, with
or without compensation, as agent or attorney for, or otherwise representing, his
parents, spouse, child, or any person for whom, or any estate for which she or he
is serving as guardian, executor, administrator, trustee, or other personal fiduciary,
subject to the following restrictions:
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a.
She or he must not have participated personally and substantially as a Federal employee
with respect to the matter in issue;
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b.
The matter in issue must not be the subject of his official responsibility;
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c.
She or he must have received the written consent of the official designated to approve
or disapprove employee requests to engage in outside activities; and
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d.
This exception does not alter the employee’s responsibilities under the Standards
of Ethical Conduct, found at 5 C.F.R. §2635.101 et seq., including the employee’s
responsibilities to not misuse her or his SSA position through misuse of authority,
information, time, or resources. (See 5 C.F.R. §§2635.701-705).
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2.
Nothing in subsection (B) prevents a special Federal employee from giving testimony
under oath or from making statements required to be made under penalty for perjury
or contempt.
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3.
Nothing in subsection (B) prevents a special Federal employee from acting as agent
or attorney for another person in the performance of work under a grant by, or a contract
with, or for the benefit of, the United States if the head of the department or agency
concerned with the grant or contract certifies in writing that the national interest
so requires and publishes such certification in the Federal Register.