18 USC 207 restricts certain activities after federal service, especially communications or appearances intended to influence the government on someone else’s behalf. It is not one universal prohibition on taking a private-sector job. The rule depends on the former employee’s role, the matter, the audience, and the proposed activity. Several restrictions can apply at the same time. [1]
The permanent ban follows personal participation
Section 207(a)(1) generally prohibits covered former employees from representing another person before the government, with intent to influence, on a particular matter involving specific parties in which they participated personally and substantially and in which the government has the required interest. The restriction follows that matter, even years after departure. [1]
For example, a former official who personally handled a particular contract cannot assume that waiting two years permits advocacy to the agency on the same covered contract. The permanent restriction and the two-year restriction have different triggers.
The two-year ban follows official responsibility
Section 207(a)(2) addresses particular matters involving specific parties that were actually pending under the employee’s official responsibility during the final year of service. Personal and substantial participation is not required for this separate rule. The restricted period generally lasts two years after termination of service. [1]
Senior positions carry broader cooling-off rules
Covered senior employees generally face a one-year restriction on specified contacts with their former agency, while covered very senior employees face a two-year restriction involving a broader group of officials. The precise position, pay category, agency boundaries, and statutory exceptions matter. Other provisions concern foreign entities, trade or treaty negotiations, and legislative personnel. [1]
Do not treat an informal introduction, meeting attendance, or email copied to an agency as automatically harmless. Determine whether the particular communication is on another’s behalf and intended to influence official action. Conversely, a restriction on representation does not necessarily answer whether behind-the-scenes work is prohibited by another rule or agreement.
Get a task-specific ethics assessment
- List the matters handled personally and those under official responsibility.
- Identify departure dates and any covered senior position.
- Describe the proposed employer, client, government contacts, and exact tasks.
- Review other ethics pledges, procurement rules, and confidentiality duties separately.
Section 216 provides criminal penalties of up to one year, or up to five years for willful violations, along with civil remedies. [2] For related federal workplace rules, see employees' right to petition Congress and federal employee union and representation rights.
Primary sources
- 18 USC 207 – Restrictions on Former Officers, Employees, and Elected Officials of the Executive and Legislative Branches
- 18 USC 216 – Penalties and Injunctions
Sources checked: October 31, 2026.