Laws: Cases and Codes : U.S. Code : Title 18 : Section 207


   
U.S. Code as of: 01/19/04
Section 207. Restrictions on former officers, employees, and elected officials of the executive and legislative branches

      (a) Restrictions on All Officers and Employees of the Executive
    Branch and Certain Other Agencies. - 
        (1) Permanent restrictions on representation on particular
      matters. - Any person who is an officer or employee (including
      any special Government employee) of the executive branch of the
      United States (including any independent agency of the United
      States), or of the District of Columbia, and who, after the
      termination of his or her service or employment with the United
      States or the District of Columbia, knowingly makes, with the
      intent to influence, any communication to or appearance before
      any officer or employee of any department, agency, court, or
      court-martial of the United States or the District of Columbia,
      on behalf of any other person (except the United States or the
      District of Columbia) in connection with a particular matter - 
          (A) in which the United States or the District of Columbia is
        a party or has a direct and substantial interest,
          (B) in which the person participated personally and
        substantially as such officer or employee, and
          (C) which involved a specific party or specific parties at
        the time of such participation,

      shall be punished as provided in section 216 of this title.
        (2) Two-year restrictions concerning particular matters under
      official responsibility. - Any person subject to the restrictions
      contained in paragraph (1) who, within 2 years after the
      termination of his or her service or employment with the United
      States or the District of Columbia, knowingly makes, with the
      intent to influence, any communication to or appearance before
      any officer or employee of any department, agency, court, or
      court-martial of the United States or the District of Columbia,
      on behalf of any other person (except the United States or the
      District of Columbia), in connection with a particular matter - 
          (A) in which the United States or the District of Columbia is
        a party or has a direct and substantial interest,
          (B) which such person knows or reasonably should know was
        actually pending under his or her official responsibility as
        such officer or employee within a period of 1 year before the
        termination of his or her service or employment with the United
        States or the District of Columbia, and
          (C) which involved a specific party or specific parties at
        the time it was so pending,

      shall be punished as provided in section 216 of this title.
        (3) Clarification of restrictions. - The restrictions contained
      in paragraphs (1) and (2) shall apply - 
          (A) in the case of an officer or employee of the executive
        branch of the United States (including any independent agency),
        only with respect to communications to or appearances before
        any officer or employee of any department, agency, court, or
        court-martial of the United States on behalf of any other
        person (except the United States), and only with respect to a
        matter in which the United States is a party or has a direct
        and substantial interest; and
          (B) in the case of an officer or employee of the District of
        Columbia, only with respect to communications to or appearances
        before any officer or employee of any department, agency, or
        court of the District of Columbia on behalf of any other person
        (except the District of Columbia), and only with respect to a
        matter in which the District of Columbia is a party or has a
        direct and substantial interest.

      (b) One-Year Restrictions on Aiding or Advising. - 
        (1) In general. - Any person who is a former officer or
      employee of the executive branch of the United States (including
      any independent agency) and is subject to the restrictions
      contained in subsection (a)(1), or any person who is a former
      officer or employee of the legislative branch or a former Member
      of Congress, who personally and substantially participated in any
      ongoing trade or treaty negotiation on behalf of the United
      States within the 1-year period preceding the date on which his
      or her service or employment with the United States terminated,
      and who had access to information concerning such trade or treaty
      negotiation which is exempt from disclosure under section 552 of
      title 5, which is so designated by the appropriate department or
      agency, and which the person knew or should have known was so
      designated, shall not, on the basis of that information,
      knowingly represent, aid, or advise any other person (except the
      United States) concerning such ongoing trade or treaty
      negotiation for a period of 1 year after his or her service or
      employment with the United States terminates. Any person who
      violates this subsection shall be punished as provided in section
      216 of this title.
        (2) Definition. - For purposes of this paragraph - 
          (A) the term "trade negotiation" means negotiations which the
        President determines to undertake to enter into a trade
        agreement pursuant to section 1102 of the Omnibus Trade and
        Competitiveness Act of 1988, and does not include any action
        taken before that determination is made; and
          (B) the term "treaty" means an international agreement made
        by the President that requires the advice and consent of the
        Senate.

      (c) One-Year Restrictions on Certain Senior Personnel of the
    Executive Branch and Independent Agencies. - 
        (1) Restrictions. - In addition to the restrictions set forth
      in subsections (a) and (b), any person who is an officer or
      employee (including any special Government employee) of the
      executive branch of the United States (including an independent
      agency), who is referred to in paragraph (2), and who, within 1
      year after the termination of his or her service or employment as
      such officer or employee, knowingly makes, with the intent to
      influence, any communication to or appearance before any officer
      or employee of the department or agency in which such person
      served within 1 year before such termination, on behalf of any
      other person (except the United States), in connection with any
      matter on which such person seeks official action by any officer
      or employee of such department or agency, shall be punished as
      provided in section 216 of this title.
        (2) Persons to whom restrictions apply. - (A) Paragraph (1)
      shall apply to a person (other than a person subject to the
      restrictions of subsection (d)) - 
          (i) employed at a rate of pay specified in or fixed according
        to subchapter II of chapter 53 of title 5,
          (ii) employed in a position which is not referred to in
        clause (i) and for which that person is paid at a rate of basic
        pay which is equal to or greater than 86.5 percent of the rate
        of basic pay for level II of the Executive Schedule, or, for a
        period of 2 years following the enactment of the National
        Defense Authorization Act for Fiscal Year 2004, a person who,
        on the day prior to the enactment of that Act, was employed in
        a position which is not referred to in clause (i) and for which
        the rate of basic pay, exclusive of any locality-based pay
        adjustment under section 5304 or section 5304a of title 5, was
        equal to or greater than the rate of basic pay payable for
        level 5 of the Senior Executive Service on the day prior to the
        enactment of that Act,
          (iii) appointed by the President to a position under section
        105(a)(2)(B) of title 3 or by the Vice President to a position
        under section 106(a)(1)(B) of title 3,
          (iv) employed in a position which is held by an active duty
        commissioned officer of the uniformed services who is serving
        in a grade or rank for which the pay grade (as specified in
        section 201 of title 37) is pay grade O-7 or above; or
          (v) assigned from a private sector organization to an agency
        under chapter 37 of title 5.

        (B) Paragraph (1) shall not apply to a special Government
      employee who serves less than 60 days in the 1-year period before
      his or her service or employment as such employee terminates.
        (C) At the request of a department or agency, the Director of
      the Office of Government Ethics may waive the restrictions
      contained in paragraph (1) with respect to any position, or
      category of positions, referred to in clause (ii) or (iv) of
      subparagraph (A), in such department or agency if the Director
      determines that - 
          (i) the imposition of the restrictions with respect to such
        position or positions would create an undue hardship on the
        department or agency in obtaining qualified personnel to fill
        such position or positions, and
          (ii) granting the waiver would not create the potential for
        use of undue influence or unfair advantage.

      (d) Restrictions on Very Senior Personnel of the Executive Branch
    and Independent Agencies. - 
        (1) Restrictions. - In addition to the restrictions set forth
      in subsections (a) and (b), any person who - 
          (A) serves in the position of Vice President of the United
        States,
          (B) is employed in a position in the executive branch of the
        United States (including any independent agency) at a rate of
        pay payable for level I of the Executive Schedule or employed
        in a position in the Executive Office of the President at a
        rate of pay payable for level II of the Executive Schedule, or
          (C) is appointed by the President to a position under section
        105(a)(2)(A) of title 3 or by the Vice President to a position
        under section 106(a)(1)(A) of title 3,

      and who, within 1 year after the termination of that person's
      service in that position, knowingly makes, with the intent to
      influence, any communication to or appearance before any person
      described in paragraph (2), on behalf of any other person (except
      the United States), in connection with any matter on which such
      person seeks official action by any officer or employee of the
      executive branch of the United States, shall be punished as
      provided in section 216 of this title.
        (2) Persons who may not be contacted. - The persons referred to
      in paragraph (1) with respect to appearances or communications by
      a person in a position described in subparagraph (A), (B), or (C)
      of paragraph (1) are - 
          (A) any officer or employee of any department or agency in
        which such person served in such position within a period of 1
        year before such person's service or employment with the United
        States Government terminated, and
          (B) any person appointed to a position in the executive
        branch which is listed in section 5312, 5313, 5314, 5315, or
        5316 of title 5.

      (e) Restrictions on Members of Congress and Officers and
    Employees of the Legislative Branch. - 
        (1) Members of congress and elected officers. - (A) Any person
      who is a Member of Congress or an elected officer of either House
      of Congress and who, within 1 year after that person leaves
      office, knowingly makes, with the intent to influence, any
      communication to or appearance before any of the persons
      described in subparagraph (B) or (C), on behalf of any other
      person (except the United States) in connection with any matter
      on which such former Member of Congress or elected officer seeks
      action by a Member, officer, or employee of either House of
      Congress, in his or her official capacity, shall be punished as
      provided in section 216 of this title.
        (B) The persons referred to in subparagraph (A) with respect to
      appearances or communications by a former Member of Congress are
      any Member, officer, or employee of either House of Congress, and
      any employee of any other legislative office of the Congress.
        (C) The persons referred to in subparagraph (A) with respect to
      appearances or communications by a former elected officer are any
      Member, officer, or employee of the House of Congress in which
      the elected officer served.
        (2) Personal staff. - (A) Any person who is an employee of a
      Senator or an employee of a Member of the House of
      Representatives and who, within 1 year after the termination of
      that employment, knowingly makes, with the intent to influence,
      any communication to or appearance before any of the persons
      described in subparagraph (B), on behalf of any other person
      (except the United States) in connection with any matter on which
      such former employee seeks action by a Member, officer, or
      employee of either House of Congress, in his or her official
      capacity, shall be punished as provided in section 216 of this
      title.
        (B) The persons referred to in subparagraph (A) with respect to
      appearances or communications by a person who is a former
      employee are the following:
          (i) the Senator or Member of the House of Representatives for
        whom that person was an employee; and
          (ii) any employee of that Senator or Member of the House of
        Representatives.

        (3) Committee staff. - Any person who is an employee of a
      committee of Congress and who, within 1 year after the
      termination of that person's employment on such committee,
      knowingly makes, with the intent to influence, any communication
      to or appearance before any person who is a Member or an employee
      of that committee or who was a Member of the committee in the
      year immediately prior to the termination of such person's
      employment by the committee, on behalf of any other person
      (except the United States) in connection with any matter on which
      such former employee seeks action by a Member, officer, or
      employee of either House of Congress, in his or her official
      capacity, shall be punished as provided in section 216 of this
      title.
        (4) Leadership staff. - (A) Any person who is an employee on
      the leadership staff of the House of Representatives or an
      employee on the leadership staff of the Senate and who, within 1
      year after the termination of that person's employment on such
      staff, knowingly makes, with the intent to influence, any
      communication to or appearance before any of the persons
      described in subparagraph (B), on behalf of any other person
      (except the United States) in connection with any matter on which
      such former employee seeks action by a Member, officer, or
      employee of either House of Congress, in his or her official
      capacity, shall be punished as provided in section 216 of this
      title.
        (B) The persons referred to in subparagraph (A) with respect to
      appearances or communications by a former employee are the
      following:
          (i) in the case of a former employee on the leadership staff
        of the House of Representatives, those persons are any Member
        of the leadership of the House of Representatives and any
        employee on the leadership staff of the House of
        Representatives; and
          (ii) in the case of a former employee on the leadership staff
        of the Senate, those persons are any Member of the leadership
        of the Senate and any employee on the leadership staff of the
        Senate.

        (5) Other legislative offices. - (A) Any person who is an
      employee of any other legislative office of the Congress and who,
      within 1 year after the termination of that person's employment
      in such office, knowingly makes, with the intent to influence,
      any communication to or appearance before any of the persons
      described in subparagraph (B), on behalf of any other person
      (except the United States) in connection with any matter on which
      such former employee seeks action by any officer or employee of
      such office, in his or her official capacity, shall be punished
      as provided in section 216 of this title.
        (B) The persons referred to in subparagraph (A) with respect to
      appearances or communications by a former employee are the
      employees and officers of the former legislative office of the
      Congress of the former employee.
        (6) Limitation on restrictions. - (A) The restrictions
      contained in paragraphs (2), (3), and (4) apply only to acts by a
      former employee who, for at least 60 days, in the aggregate,
      during the 1-year period before that former employee's service as
      such employee terminated, was paid a rate of basic pay equal to
      or greater than an amount which is 75 percent of the basic rate
      of pay payable for a Member of the House of Congress in which
      such employee was employed.
        (B) The restrictions contained in paragraph (5) apply only to
      acts by a former employee who, for at least 60 days, in the
      aggregate, during the 1-year period before that former employee's
      service as such employee terminated, was employed in a position
      for which the rate of basic pay, exclusive of any locality-based
      pay adjustment under section 5302 of title 5 (or any comparable
      adjustment pursuant to interim authority of the President), is
      equal to or greater than the basic rate of pay payable for level
      5 of the Senior Executive Service.
        (7) Definitions. - As used in this subsection - 
          (A) the term "committee of Congress" includes standing
        committees, joint committees, and select committees;
          (B) a person is an employee of a House of Congress if that
        person is an employee of the Senate or an employee of the House
        of Representatives;
          (C) the term "employee of the House of Representatives" means
        an employee of a Member of the House of Representatives, an
        employee of a committee of the House of Representatives, an
        employee of a joint committee of the Congress whose pay is
        disbursed by the Clerk of the House of Representatives, and an
        employee on the leadership staff of the House of
        Representatives;
          (D) the term "employee of the Senate" means an employee of a
        Senator, an employee of a committee of the Senate, an employee
        of a joint committee of the Congress whose pay is disbursed by
        the Secretary of the Senate, and an employee on the leadership
        staff of the Senate;
          (E) a person is an employee of a Member of the House of
        Representatives if that person is an employee of a Member of
        the House of Representatives under the clerk hire allowance;
          (F) a person is an employee of a Senator if that person is an
        employee in a position in the office of a Senator;
          (G) the term "employee of any other legislative office of the
        Congress" means an officer or employee of the Architect of the
        Capitol, the United States Botanic Garden, the General
        Accounting Office, the Government Printing Office, the Library
        of Congress, the Office of Technology Assessment, the
        Congressional Budget Office, the Copyright Royalty Tribunal,
        the United States Capitol Police, and any other agency, entity,
        or office in the legislative branch not covered by paragraph
        (1), (2), (3), or (4) of this subsection;
          (H) the term "employee on the leadership staff of the House
        of Representatives" means an employee of the office of a Member
        of the leadership of the House of Representatives described in
        subparagraph (L), and any elected minority employee of the
        House of Representatives;
          (I) the term "employee on the leadership staff of the Senate"
        means an employee of the office of a Member of the leadership
        of the Senate described in subparagraph (M);
          (J) the term "Member of Congress" means a Senator or a Member
        of the House of Representatives;
          (K) the term "Member of the House of Representatives" means a
        Representative in, or a Delegate or Resident Commissioner to,
        the Congress;
          (L) the term "Member of the leadership of the House of
        Representatives" means the Speaker, majority leader, minority
        leader, majority whip, minority whip, chief deputy majority
        whip, chief deputy minority whip, chairman of the Democratic
        Steering Committee, chairman and vice chairman of the
        Democratic Caucus, chairman, vice chairman, and secretary of
        the Republican Conference, chairman of the Republican Research
        Committee, and chairman of the Republican Policy Committee, of
        the House of Representatives (or any similar position created
        on or after the effective date set forth in section 102(a) of
        the Ethics Reform Act of 1989);
          (M) the term "Member of the leadership of the Senate" means
        the Vice President, and the President pro tempore, Deputy
        President pro tempore, majority leader, minority leader,
        majority whip, minority whip, chairman and secretary of the
        Conference of the Majority, chairman and secretary of the
        Conference of the Minority, chairman and co-chairman of the
        Majority Policy Committee, and chairman of the Minority Policy
        Committee, of the Senate (or any similar position created on or
        after the effective date set forth in section 102(a) of the
        Ethics Reform Act of 1989).

      (f) Restrictions Relating to Foreign Entities. - 
        (1) Restrictions. - Any person who is subject to the
      restrictions contained in subsection (c), (d), or (e) and who
      knowingly, within 1 year after leaving the position, office, or
      employment referred to in such subsection - 
          (A) represents a foreign entity before any officer or
        employee of any department or agency of the United States with
        the intent to influence a decision of such officer or employee
        in carrying out his or her official duties, or
          (B) aids or advises a foreign entity with the intent to
        influence a decision of any officer or employee of any
        department or agency of the United States, in carrying out his
        or her official duties,

      shall be punished as provided in section 216 of this title.
        (2) Special rule for trade representative. - With respect to a
      person who is the United States Trade Representative or Deputy
      United States Trade Representative, the restrictions described in
      paragraph (1) shall apply to representing, aiding, or advising
      foreign entities at any time after the termination of that
      person's service as the United States Trade Representative.
        (3) Definition. - For purposes of this subsection, the term
      "foreign entity" means the government of a foreign country as
      defined in section 1(e) of the Foreign Agents Registration Act of
      1938, as amended, or a foreign political party as defined in
      section 1(f) of that Act.

      (g) Special Rules for Detailees. - For purposes of this section,
    a person who is detailed from one department, agency, or other
    entity to another department, agency, or other entity shall, during
    the period such person is detailed, be deemed to be an officer or
    employee of both departments, agencies, or such entities.
      (h) Designations of Separate Statutory Agencies and Bureaus. - 
        (1) Designations. - For purposes of subsection (c) and except
      as provided in paragraph (2), whenever the Director of the Office
      of Government Ethics determines that an agency or bureau within a
      department or agency in the executive branch exercises functions
      which are distinct and separate from the remaining functions of
      the department or agency and that there exists no potential for
      use of undue influence or unfair advantage based on past
      Government service, the Director shall by rule designate such
      agency or bureau as a separate department or agency. On an annual
      basis the Director of the Office of Government Ethics shall
      review the designations and determinations made under this
      subparagraph and, in consultation with the department or agency
      concerned, make such additions and deletions as are necessary.
      Departments and agencies shall cooperate to the fullest extent
      with the Director of the Office of Government Ethics in the
      exercise of his or her responsibilities under this paragraph.
        (2) Inapplicability of designations. - No agency or bureau
      within the Executive Office of the President may be designated
      under paragraph (1) as a separate department or agency. No
      designation under paragraph (1) shall apply to persons referred
      to in subsection (c)(2)(A)(i) or (iii).

      (i) Definitions. - For purposes of this section - 
        (1) the term "officer or employee", when used to describe the
      person to whom a communication is made or before whom an
      appearance is made, with the intent to influence, shall include -
      
          (A) in subsections (a), (c), and (d), the President and the
        Vice President; and
          (B) in subsection (f), the President, the Vice President, and
        Members of Congress;

        (2) the term "participated" means an action taken as an officer
      or employee through decision, approval, disapproval,
      recommendation, the rendering of advice, investigation, or other
      such action; and
        (3) the term "particular matter" includes any investigation,
      application, request for a ruling or determination, rulemaking,
      contract, controversy, claim, charge, accusation, arrest, or
      judicial or other proceeding.

      (j) Exceptions. - 
        (1) Official government duties. - The restrictions contained in
      this section shall not apply to acts done in carrying out
      official duties on behalf of the United States or the District of
      Columbia or as an elected official of a State or local
      government.
        (2) State and local governments and institutions, hospitals,
      and organizations. - The restrictions contained in subsections
      (c), (d), and (e) shall not apply to acts done in carrying out
      official duties as an employee of - 
          (A) an agency or instrumentality of a State or local
        government if the appearance, communication, or representation
        is on behalf of such government, or
          (B) an accredited, degree-granting institution of higher
        education, as defined in section 101 of the Higher Education
        Act of 1965, or a hospital or medical research organization,
        exempted and defined under section 501(c)(3) of the Internal
        Revenue Code of 1986, if the appearance, communication, or
        representation is on behalf of such institution, hospital, or
        organization.

        (3) International organizations. - The restrictions contained
      in this section shall not apply to an appearance or communication
      on behalf of, or advice or aid to, an international organization
      in which the United States participates, if the Secretary of
      State certifies in advance that such activity is in the interests
      of the United States.
        (4) Special knowledge. - The restrictions contained in
      subsections (c), (d), and (e) shall not prevent an individual
      from making or providing a statement, which is based on the
      individual's own special knowledge in the particular area that is
      the subject of the statement, if no compensation is thereby
      received.
        (5) Exception for scientific or technological information. -
      The restrictions contained in subsections (a), (c), and (d) shall
      not apply with respect to the making of communications solely for
      the purpose of furnishing scientific or technological
      information, if such communications are made under procedures
      acceptable to the department or agency concerned or if the head
      of the department or agency concerned with the particular matter,
      in consultation with the Director of the Office of Government
      Ethics, makes a certification, published in the Federal Register,
      that the former officer or employee has outstanding
      qualifications in a scientific, technological, or other technical
      discipline, and is acting with respect to a particular matter
      which requires such qualifications, and that the national
      interest would be served by the participation of the former
      officer or employee. For purposes of this paragraph, the term
      "officer or employee" includes the Vice President.
        (6) Exception for testimony. - Nothing in this section shall
      prevent an individual from giving testimony under oath, or from
      making statements required to be made under penalty of perjury.
      Notwithstanding the preceding sentence - 
          (A) a former officer or employee of the executive branch of
        the United States (including any independent agency) who is
        subject to the restrictions contained in subsection (a)(1) with
        respect to a particular matter may not, except pursuant to
        court order, serve as an expert witness for any other person
        (except the United States) in that matter; and
          (B) a former officer or employee of the District of Columbia
        who is subject to the restrictions contained in subsection
        (a)(1) with respect to a particular matter may not, except
        pursuant to court order, serve as an expert witness for any
        other person (except the District of Columbia) in that matter.

        (7) Political parties and campaign committees. - (A) Except as
      provided in subparagraph (B), the restrictions contained in
      subsections (c), (d), and (e) shall not apply to a communication
      or appearance made solely on behalf of a candidate in his or her
      capacity as a candidate, an authorized committee, a national
      committee, a national Federal campaign committee, a State
      committee, or a political party.
        (B) Subparagraph (A) shall not apply to - 
          (i) any communication to, or appearance before, the Federal
        Election Commission by a former officer or employee of the
        Federal Election Commission; or
          (ii) a communication or appearance made by a person who is
        subject to the restrictions contained in subsections (!1) (c),
        (d), or (e) if, at the time of the communication or appearance,
        the person is employed by a person or entity other than - 

            (I) a candidate, an authorized committee, a national
          committee, a national Federal campaign committee, a State
          committee, or a political party; or
            (II) a person or entity who represents, aids, or advises
          only persons or entities described in subclause (I).

        (C) For purposes of this paragraph - 
          (i) the term "candidate" means any person who seeks
        nomination for election, or election, to Federal or State
        office or who has authorized others to explore on his or her
        behalf the possibility of seeking nomination for election, or
        election, to Federal or State office;
          (ii) the term "authorized committee" means any political
        committee designated in writing by a candidate as authorized to
        receive contributions or make expenditures to promote the
        nomination for election, or the election, of such candidate, or
        to explore the possibility of seeking nomination for election,
        or the election, of such candidate, except that a political
        committee that receives contributions or makes expenditures to
        promote more than 1 candidate may not be designated as an
        authorized committee for purposes of subparagraph (A);
          (iii) the term "national committee" means the organization
        which, by virtue of the bylaws of a political party, is
        responsible for the day-to-day operation of such political
        party at the national level;
          (iv) the term "national Federal campaign committee" means an
        organization that, by virtue of the bylaws of a political
        party, is established primarily for the purpose of providing
        assistance, at the national level, to candidates nominated by
        that party for election to the office of Senator or
        Representative in, or Delegate or Resident Commissioner to, the
        Congress;
          (v) the term "State committee" means the organization which,
        by virtue of the bylaws of a political party, is responsible
        for the day-to-day operation of such political party at the
        State level;
          (vi) the term "political party" means an association,
        committee, or organization that nominates a candidate for
        election to any Federal or State elected office whose name
        appears on the election ballot as the candidate of such
        association, committee, or organization; and
          (vii) the term "State" means a State of the United States,
        the District of Columbia, the Commonwealth of Puerto Rico, and
        any territory or possession of the United States.

      (k)(1)(A) The President may grant a waiver of a restriction
    imposed by this section to any officer or employee described in
    paragraph (2) if the President determines and certifies in writing
    that it is in the public interest to grant the waiver and that the
    services of the officer or employee are critically needed for the
    benefit of the Federal Government. Not more than 25 officers and
    employees currently employed by the Federal Government at any one
    time may have been granted waivers under this paragraph.
      (B)(i) A waiver granted under this paragraph to any person shall
    apply only with respect to activities engaged in by that person
    after that person's Federal Government employment is terminated and
    only to that person's employment at a Government-owned, contractor
    operated entity with which the person served as an officer or
    employee immediately before the person's Federal Government
    employment began.
      (ii) Notwithstanding clause (i), a waiver granted under this
    paragraph to any person who was an officer or employee of Lawrence
    Livermore National Laboratory, Los Alamos National Laboratory, or
    Sandia National Laboratory immediately before the person's Federal
    Government employment began shall apply to that person's employment
    by any such national laboratory after the person's employment by
    the Federal Government is terminated.
      (2) Waivers under paragraph (1) may be granted only to civilian
    officers and employees of the executive branch, other than officers
    and employees in the Executive Office of the President.
      (3) A certification under paragraph (1) shall take effect upon
    its publication in the Federal Register and shall identify - 
        (A) the officer or employee covered by the waiver by name and
      by position, and
        (B) the reasons for granting the waiver.

    A copy of the certification shall also be provided to the Director
    of the Office of Government Ethics.
      (4) The President may not delegate the authority provided by this
    subsection.
      (5)(A) Each person granted a waiver under this subsection shall
    prepare reports, in accordance with subparagraph (B), stating
    whether the person has engaged in activities otherwise prohibited
    by this section for each six-month period described in subparagraph
    (B), and if so, what those activities were.
      (B) A report under subparagraph (A) shall cover each six-month
    period beginning on the date of the termination of the person's
    Federal Government employment (with respect to which the waiver
    under this subsection was granted) and ending two years after that
    date. Such report shall be filed with the President and the
    Director of the Office of Government Ethics not later than 60 days
    after the end of the six-month period covered by the report. All
    reports filed with the Director under this paragraph shall be made
    available for public inspection and copying.
      (C) If a person fails to file any report in accordance with
    subparagraphs (A) and (B), the President shall revoke the waiver
    and shall notify the person of the revocation. The revocation shall
    take effect upon the person's receipt of the notification and shall
    remain in effect until the report is filed.
      (D) Any person who is granted a waiver under this subsection
    shall be ineligible for appointment in the civil service unless all
    reports required of such person by subparagraphs (A) and (B) have
    been filed.
      (E) As used in this subsection, the term "civil service" has the
    meaning given that term in section 2101 of title 5.
      (l) Contract Advice by Former Details. - Whoever, being an
    employee of a private sector organization assigned to an agency
    under chapter 37 of title 5, within one year after the end of that
    assignment, knowingly represents or aids, counsels, or assists in
    representing any other person (except the United States) in
    connection with any contract with that agency shall be punished as
    provided in section 216 of this title.



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