§ 2641.205 Two-year restriction on any former very senior employee's representations to former agency or certain officials concerning any matter, regardless of prior involvement.

(a) Basic prohibition of 18 U.S.C. 207(d). For two years after his service in a very senior employee position terminates, no former very senior employee shall knowingly, with the intent to influence, make any communication to or appearance before any official appointed to an Executive Schedule position listed in 5 U.S.C. 5312-5316 or before any employee of an agency in which he served as a very senior employee within the one-year period prior to his termination from a very senior employee position, if that communication or appearance is made on behalf of any other person in connection with any matter on which the former very senior employee seeks official action by any official or employee. (b) Exceptions and waivers. The prohibition of 18 U.S.C. 207(d) does not apply to a former very senior employee who is: (1) Acting on behalf of the United States. See § 2641.301(a). (2) Acting as an elected State or local government official. See § 2641.301(b). (3) Acting on behalf of specified entities. See § 2641.301(c). (4) Making uncompensated statements based on special knowledge. See § 2641.301(d). (5) Communicating scientific or technological information pursuant to procedures or certification. See § 2641.301(e). (6) Testifying under oath. See § 2641.301(f). (7) Acting on behalf of a candidate or political party. See § 2641.301(g). (8) Acting on behalf of an international organization pursuant to a waiver. See § 2641.301(h). (9) Acting as an employee of a Government-owned, contractor-operated entity pursuant to a waiver. See § 2641.301(i). (c) Commencement and length of restriction. 18 U.S.C. 207(d) is a two-year restriction. The two-year period is measured from the date when the employee ceases to serve in a very senior employee position, not from the termination of Government service, unless the two events occur simultaneously. See examples 1 and 2 to paragraph (d) of § 2641.204. (d) Communication or appearance. See§ 2641.201(d). (e) With the intent to influence. See§ 2641.201(e). (f) To or before employee of former agency. See § 2641.204(g), except that this section covers only former very senior employees and applies only with respect to the agency or agencies in which a former very senior employee served as a very senior employee, and very senior employees do not benefit from the designation of distinct and separate agency components as referenced in § 2641.204(g)(2). (g) To or before an official appointed to an Executive Schedule position. See § 2641.204(g)(3) for “to or before,” except that this section covers only former very senior employees and also extends to a communication or appearance before any official currently appointed to a position that is listed in sections 5 U.S.C. 5312-5316. A communication made to an official described in 5 U.S.C. 5312-5316 can include a communication to a subordinate of such official with the intent that the information be conveyed directly to the official and attributed to the former very senior employee. (h) On behalf of any other person. See § 2641.201(g). (i) Matter on which former very senior employee seeks official action. See § 2641.204(i), except that this section only covers former very senior employees.