18 U.S.C. § 207 sets out seven substantive prohibitions restricting the activities of individuals who leave Government service or who leave certain high-level positions in the executive branch. Section 207 was substantially revised in 1989, and several subsequent amendments have been enacted since that time. Prior to the 1989 amendments, OGE published interpretive guidance in 5 C.F.R. part 2637. Subsequent to the 1989 amendments, OGE published a short interim rule in 1991, at 5 C.F.R. part 2641, for the limited purpose of implementing OGE’s authority to exempt positions and designate components for purposes of the amended one-year “cooling-off” restriction of 18 U.S.C. § 207(c). In 2008, OGE published a final rule which substantially expanded Part 2641. The 2008 rulemaking revised the existing guidance concerning exemptions and component designations and added guidance concerning all of the current substantive prohibitions and exceptions in section 207. Review the rulemaking history of 5 C.F.R. part 2641.
Note: The final rule that promulgated the expanded Part 2641 also removed 5 C.F.R. part 2637 from the Code of Federal Regulations. OGE has advised agency ethics officials to retain the last published edition of Part 2637 (in the C.F.R. revised as of January 1, 2008), in order to provide advice to former employees who terminated service while the prior version of section 207 was effective (July 1, 1979 through December 31, 1990).
Subpart A establishes the framework for the rest of the regulation. It includes definitions, addresses enforcement and penalties, and explains that the agency in which an individual formerly served has the primary responsibility to provide advice concerning post-Government activities.
Subpart B contains separate provisions explaining each of the seven restrictions in the current version of 18 U.S.C. § 207:
Subpart C sets out the elements of the various exception provisions in 18 U.S.C. § 207. The subpart includes a reference chart listing all of the exceptions and specifies the restrictions to which each exception applies.
Section 2641.302 implements 18 U.S.C. § 207(h), which authorizes OGE to designate separate departmental or agency components for purposes of 18 U.S.C. § 207(c).
Appendix A lists the positions exempted by OGE from the prohibitions in 18 U.S.C. §§ 207(c) and (f).
Appendix B lists the departmental components designated by OGE for purposes of 18 U.S.C. § 207(c).