18 U.S.C. § 205 restricts specified representational activity by federal officers and employees in covered matters involving the United States. Compensation is not required for every prohibited act. [1]
Representation differs from personal participation
The statute concerns acting as an agent or attorney for someone else in covered claims or matters. Employees generally have more room to represent themselves, but exceptions and other ethics rules must be checked. [1]
Family, fiduciary, employee-organization, and other exceptions are limited and can require approvals or particular conditions. A supervisor’s informal permission is not a substitute for satisfying the statute. [1]
Get an ethics review first
Describe the client, agency, matter, requested communication, compensation, and any official involvement to the agency ethics office. Keep written advice and approvals. [1]
Post-employment restrictions are primarily addressed by other provisions, including § 207. Do not use the title of a § 205 article to assume that the same restriction governs every former employee after departure. [3]
Practical application
An employee helping a relative with an agency dispute should describe whether they will sign papers, call officials, appear at a hearing, or merely provide background assistance. Those activities can have different representational implications. Ask the ethics office to evaluate the exact proposed conduct and applicable exception before acting. A family relationship alone does not provide unlimited authority to represent another person before the government. [1]
Criminal exposure is not the only consequence
Section 216 supplies the penalty framework for specified federal conflict-of-interest offenses, including different treatment of the relevant conduct. Agency discipline and other ethics consequences can also be separate from criminal prosecution. The safe practical step is to seek advice before a representational act, while it can still be changed. Describe whether the matter involves the United States as a party or with the relevant direct and substantial interest, and whether the communication is being made on another person’s behalf. A general permission to volunteer does not answer those statutory questions. [1] [2]
Related questions
Related guidance: Procurement Integrity Act: Current Statutory Rules and post-employment restrictions under 18 USC 207.
Primary sources
- 18 U.S.C. § 205 — Office of Law Revision Counsel
- 18 U.S.C. § 216 — Office of Law Revision Counsel
- 18 USC 207: Post-Employment Restrictions
Sources checked: October 31, 2026.