Executive Branch Post-Employment Restrictions — Revolving Door

When senior federal officials leave government, they carry restrictions on what they can do next. 18 U.S.C. § 207 imposes a tiered set of post-employment prohibitions on former executive branch employees — ranging from a lifetime ban on specific matters they personally handled, to a one-year cooling-off period during which they cannot contact their former agency on any subject. These restrictions exist to prevent the "revolving door" phenomenon: officials using their government relationships and insider knowledge to immediately return to benefit private clients who interact with the agencies they just left. The rules differ significantly from the post-employment restrictions on former members of Congress (which are covered in congressional ethics). Executive branch restrictions are generally more complex, vary by the seniority of the former official, and cover a broader set of activities than simply lobbying. The Department of Justice enforces violations as federal crimes; penalties include fines and up to one year in prison (or five years if the violation involves bribery).

Current Law (2026)

Legal Authority

• 18 U.S.C. § 207(a)(1) — Permanent prohibition: a former employee may never make any communication or appearance before any department, agency, court, or other entity of the United States, with the intent to influence, on behalf of any other person, regarding any particular matter involving specific parties in which the person participated personally and substantially as a government employee. The matter must be one in which the United States is a party or has a direct and substantial interest.

• 18 U.S.C. § 207(a)(2) — Two-year prohibition: for two years after leaving, a former employee may not make any communication or appearance regarding any particular matter involving specific parties that was actually pending under the person's official responsibility within one year before departure. This is broader than (a)(1) — the employee does not need to have personally participated, only to have had supervisory responsibility over the matter.

• 18 U.S.C. § 207(b) — One-year prohibition on certain trade or treaty negotiations: former employees who participated personally and substantially in Trade Representative or treaty negotiations may not represent, aid, or advise a foreign entity in those negotiations for one year after leaving.

• 18 U.S.C. § 207(c) — One-year cooling-off for senior officials: a "senior" former employee may not, for one year after leaving, make any communication or appearance before the agency or agencies they worked for with intent to influence agency action, on any matter — regardless of whether the person previously handled that matter. "Senior" officials include those compensated at or above the basic rate for GS-15, members of the Senior Executive Service, and appointees in positions listed in 5 U.S.C. § 5312–5316 (the Executive Schedule). This is the general "cooling-off" rule that prevents senior officials from immediately returning as lobbyists or advocates before their former agency.

• 18 U.S.C. § 207(d) — Two-year cooling-off for very senior officials: a "very senior" former employee faces a two-year cooling-off period. This applies to the most senior positions: officials at Executive Schedule Level I and II (Cabinet members, agency heads, deputies), the Vice President and Vice President's staff, officials in the Executive Office of the President above GS-15 equivalent, and certain other senior officials designated by OGE regulation. Very senior officials may not, for two years after leaving, communicate with or appear before their former agency — or any other agency they had significant authority over — intending to influence, on any matter.

• 18 U.S.C. § 207(f) — Restrictions on representing foreign governments: certain former senior officials may not, for one year after leaving, aid, advise, or represent a foreign government or foreign political party before any officer or employee of the United States. This restriction, which overlaps with FARA registration requirements, targets the specific risk of former senior officials immediately pivoting to serve foreign government clients.

How the Tiers Work in Practice

The § 207 structure creates concentric rings of restriction:

Ring 1 — Permanent (all employees, specific matters): If you personally worked on a regulatory proceeding, contract award, or litigation while at the agency, you can never use government contacts to influence the outcome of that specific matter on behalf of anyone else. This applies to every former government employee, no matter how junior, for the rest of their career.

Ring 2 — Two years (all employees, supervised matters): If a matter was in your organization and you had supervisory responsibility — even if a subordinate handled the day-to-day work — you're barred from representing anyone on that matter for two years after leaving.

Ring 3 — One year (senior officials, any matter before former agency): If you were GS-15 or above (or SES), you can't contact your former agency on anything for one year. Not about specific matters you handled. Any matter. Your clients have to wait or use someone else to contact that agency.

Ring 4 — Two years (very senior officials, broader reach): Cabinet-level officials face a two-year version of the cooling-off period, extended to any agency they had significant authority over — not just their primary agency. A former Treasury Secretary can't immediately advise clients on SEC matters if Treasury had meaningful regulatory coordination with the SEC.

What Counts as a "Communication or Appearance"

The statute prohibits making a "communication" to or "appearance before" a government agency with intent to influence. This is broader than registered lobbying. It includes:

• Phone calls, emails, letters, or in-person meetings with agency staff
• Submitting comments or filings on behalf of a client
• Attending meetings where former colleagues are present, if the intent is to influence
• Advising clients on strategy based on inside government knowledge (advisory activity is sometimes covered, especially at senior levels)

It does not include:

• Purely behind-the-scenes work (drafting documents, analyzing regulations) where the former employee doesn't communicate directly with the government
• Testimony under subpoena or at a public hearing
• Communications about personal, non-representational matters
• Work that is entirely outside the U.S. government context

Special Government Employees (SGEs)

Special Government Employees — temporary consultants who work fewer than 130 days per year — face modified restrictions. An SGE who works on a particular matter is subject to the same permanent and two-year bans as regular employees, but only for matters they personally worked on. The one-year and two-year cooling-off periods in §§ 207(c) and (d) do not apply to SGEs unless they work more than 60 days in the year. This distinction became significant when DOGE personnel were designated as SGEs in 2025: their post-employment restrictions are narrower than those of regular senior officials, even though they had broad access to agency systems and decision-making.

Enforcement

The Department of Justice, through U.S. Attorneys' offices, prosecutes § 207 violations. The Office of Government Ethics (OGE) provides guidance, issues advisory opinions on whether specific planned activities would violate the statute, and maintains regulations at 5 CFR Part 2641 that implement the statutory restrictions. OGE opinions are not binding but provide important safe harbors.

Penalties for willful violations: up to one year in prison and fines under 18 U.S.C. § 216. If the violation involves bribery or any intent to defraud the United States, the penalty increases to five years. Civil proceedings may also be brought by DOJ.

How It Affects You

State Variations

The § 207 restrictions are federal only and apply to former federal employees. State governments have their own post-employment restrictions for state officials, which vary widely. Many states have cooling-off periods shorter than one year and narrower definitions of covered activity.

Implementing Regulations

• 5 CFR Part 2641 — Post-Employment Conflict of Interest Restrictions (15 sections — OGE's implementing regulations for 18 U.S.C. § 207, which imposes the tiered post-employment restrictions on former executive branch employees):

  • § 2641.201 — Lifetime restriction on particular matters with personal and substantial participation: a former employee may never (no time limit) knowingly make a communication to or appearance before any federal officer or employee with the intent to influence official action in connection with any particular matter in which the former employee personally and substantially participated while in government; "particular matter" means a matter involving specific parties (a specific contract award, a specific investigation, a specific regulatory proceeding involving identifiable parties — not a general policy or rulemaking); "personally and substantially" means the person played a real role, not just nominal awareness; this is the core "revolving door" prohibition — a former contracting officer can never lobby for a contractor on a contract she reviewed; a former FDA official can never lobby on behalf of a drug company regarding the specific NDA she worked on
  • § 2641.202 — 2-year restriction on matters under official responsibility: for 2 years after leaving government, a former employee may not communicate with intent to influence concerning any particular matter that was "pending under the employee's official responsibility" during the final year of government service — even if the employee didn't personally participate; "official responsibility" is broader than personal participation — it includes matters supervised by the former employee; this prevents a senior official from using general knowledge of pending agency business to advise clients immediately after leaving
  • § 2641.203 — 1-year restriction on trade/treaty negotiations: for 1 year, former employees who participated in trade or treaty negotiations may not use "covered information" obtained in those negotiations to represent, aid, or advise private parties; this provision addresses the specific risk of officials taking jobs with corporations that are parties to agreements the official helped negotiate
  • § 2641.204 — 1-year "cooling off" for senior employees: for 1 year after leaving, a former "senior employee" (GS-15/SES or equivalent) may not knowingly make any communication or appearance before the employee's former agency with intent to influence official action on any matter — not just matters they handled; the cooling-off period covers the entire former agency, not just the specific office; this is the provision that prevents a senior FDA official from immediately becoming a lobbyist at FDA even on matters she never touched
  • § 2641.205 — 2-year "cooling off" for very senior employees: for 2 years after leaving, a former "very senior employee" (Cabinet-level, EOP, agency heads, deputy secretaries) may not communicate with intent to influence their former agency or any other agency over which they had significant authority on any matter; the "any other agency" extension reflects that senior White House officials may have supervised the entire executive branch; the 2-year period targets the most senior officials where the revolving door risk is most acute
  • § 2641.206 — 1-year restriction on foreign government representation: for 1 year after leaving, former senior and very senior employees may not represent, aid, or advise a foreign government or political party before any U.S. agency; this provision targets officials who might leverage their government relationships to benefit foreign principals immediately after leaving — a separate concern from domestic lobbying
  • § 2641.301 — Exceptions and waivers: the restrictions do not apply to: communications made in the course of a judicial proceeding (courts, not agencies); purely personal matters; communications on behalf of a nonprofit organization operated primarily for charitable/scientific/educational purposes; testimony given under oath; and some academic/research activities; the agency ethics official may issue a limited waiver if there is certification that the former employee's participation is in the public interest

  The definitions in §§ 2641.104–2641.106 are critical: "senior employee" covers approximately the top 5% of federal workforce by pay grade (GS-15 equivalent and above); "very senior employee" covers about 1,000 officials — the Secretary, Deputy Secretary, Under Secretary, Assistant Secretary level, major agency heads, and White House senior staff; "particular matter involving specific parties" must distinguish from general policy matters (rulemaking or legislation affecting an industry broadly does NOT trigger § 207(a)'s lifetime ban unless specific companies are parties). OGE issues advisory opinions on specific situations through the Part 2641 formal request process — over 100 advisory opinions have been issued, creating a body of informal guidance on edge cases. No major Federal Register amendments to Part 2641 since the original 1996 promulgation — the § 207 statutory framework has been stable.

• 5 CFR Part 2635 — Standards of Ethical Conduct for Employees of the Executive Branch (55 sections across 10 subparts — the OGE rules that govern the day-to-day ethical obligations of every executive branch employee; violations can result in disciplinary action up to removal):

  • Subpart A — General Provisions (7 sections): "Public service is a public trust" — each employee must place loyalty to the Constitution, laws, and ethical principles above private gain (§ 2635.101); every executive agency must designate an agency ethics official who directs the ethics program; violations may result in any disciplinary action authorized by law; agencies may issue supplemental regulations with OGE concurrence (§ 2635.105)
  • Subpart B — Gifts From Outside Sources (6 sections): employees may not solicit or accept any gift from a "prohibited source" — defined as anyone seeking official action, doing business with the agency, regulated by the agency, or substantially affected by the employee's official duties (§ 2635.201–202); key exceptions include gifts valued at $20 or less per occasion ($50 per year per source) (§ 2635.204); employees must promptly dispose of gifts they may not accept — by returning to the source, donating to charity, or paying fair market value (§ 2635.206); employees may decline any gift even if technically permitted
  • Subpart C — Gifts Between Employees (5 sections): supervisors may not accept gifts from subordinates; widely-attended office events and nominal gifts on special occasions (e.g., retirement) are permitted; official superior/subordinate relationships govern — not just formal org charts
  • Subpart D — Conflicting Financial Interests (3 sections): employees must disqualify themselves from participating in any official matter that would have a direct and predictable effect on their financial interests or those of their spouse, minor child, general partner, or certain affiliated organizations (§ 2635.402); OGE may issue waivers
  • Subpart E — Impartiality (3 sections): employees must recuse from matters where a reasonable person would question their impartiality — even if no financial interest is at stake — based on personal relationships, prior employment, or other circumstances
  • Subpart F — Seeking Other Employment (7 sections): employees who are negotiating or have arrangements for non-federal employment must recuse from any official matter that would directly and predictably affect the prospective employer's financial interests (§ 2635.604); "seeking employment" begins when the employee submits a resume or application, or accepts an unsolicited offer; the recusal obligation runs from the moment of contact through acceptance or rejection
  • Subpart G — Misuse of Position (5 sections): employees may not use their official authority to benefit themselves, their families, or private organizations; no use of government resources (phones, computers, vehicles, staff time) for personal or outside activities; no endorsement of products or services using their official title or agency name (§ 2635.702)
  • Subpart H — Outside Activities (8 sections): employees may not engage in outside employment or activities that conflict with their official duties, create an appearance of impaired impartiality, or are prohibited by agency supplemental regulations (§ 2635.802); many agencies require prior written approval for outside employment; employees may not serve as expert witnesses in proceedings where the United States is a party without agency authorization (§ 2635.805); employees may not receive compensation for teaching, speaking, or writing that relates to their official duties (§ 2635.807) — the "official duties" nexus test distinguishes permitted outside activity from prohibited monetization of government work
  • Subpart J — Legal Expense Funds (9 sections): employees facing official misconduct investigations may establish a trust to receive contributions for legal expenses from "permissible donors" (§ 2635.1006) — excludes foreign government agents, lobbyists with active matters before the employee's agency, and persons whose financial interests the employee directly affects; the employee beneficiary must file quarterly donor disclosure reports for contributions of $250 or more; the fund must terminate when the covered matter concludes or employment ends (§ 2635.1008)

• 5 CFR Part 1304 — OMB Post-Employment Conflict of Interest: the Office of Management and Budget's agency-specific post-employment rules implementing 18 U.S.C. § 207 for former OMB employees — supplementing the government-wide OGE regulations in 5 CFR Part 2641 with OMB-specific procedures and advice mechanisms:

  • § 1304.4605 — Post-employment restrictions: a former OMB employee is restricted from acting as a representative before any agency (including OMB itself) regarding any particular matter involving specific parties if the former employee participated personally and substantially in that matter during their OMB service; the restriction is permanent for matters personally and substantially worked on; a separate restriction applies to matters that were "pending under the official responsibility" of the former employee during their last year of service (this second restriction has a 2-year duration from the date of termination)
  • § 1304.4606 — Exemptions: communications made solely to furnish scientific or technological information are exempt from the post-employment restrictions; a former OMB employee may also communicate with a federal agency as part of a regulatory comment process if the communication is part of a process open to all members of the public; these exemptions reflect the policy interest in not chilling expert scientific or technical contributions by former government employees
  • § 1304.4607 — OGC advice to former employees: the OMB Office of General Counsel is responsible for providing timely advice to former OMB employees who seek guidance on whether specific planned post-government activities would violate the § 207 restrictions; former employees are encouraged to seek this advice before engaging in any representational activity that might implicate the restrictions; the availability of advisory opinions (as a safe-harbor mechanism) is part of the compliance infrastructure
  • § 1304.4608 — Enforcement: allegations that a former OMB employee violated 18 U.S.C. § 207 must be transmitted through the OMB Office of General Counsel to OGE and, where warranted, referred to the Department of Justice for criminal prosecution; 18 U.S.C. § 207 violations are federal crimes — the maximum penalty is imprisonment and fines

• 5 CFR Part 2601 — OGE Statutory Gift Acceptance Authority (10 sections — implements 5 U.S.C. app. § 403(b), which authorizes OGE to accept gifts that aid or facilitate OGE's ethics mission; authority granted by the Office of Government Ethics Authorization Act of 1996). Key provisions:

  • § 2601.103 — Policy: OGE may solicit, accept, and utilize gifts from any source — including a prohibited source — provided the standards of Part 2601 are met; gifts may fund program functions whether or not appropriated funds are available; permissible uses include official travel to ethics events and, if appropriated funds could pay for it, spouse travel on official trips; OGE will not accept gifts of currency (donors who wish to give cash must use a check or money order payable to OGE)
  • § 2601.202 — Standards for solicitation: before soliciting a gift from a prohibited source (a lobbying firm, a regulated entity, or anyone who does business with OGE), OGE must determine that solicitation is appropriate, that no appearance of impropriety arises, and that acceptance is in OGE's interest; letters of appreciation are permitted and do not constitute an endorsement of the donor
  • § 2601.203 — Standards for acceptance: the decision to accept a gift is made by OGE's Director or designee; factors include the donor's identity and interests, whether acceptance would create an appearance of partiality, and whether the gift serves a legitimate OGE program purpose; the official record of each acceptance decision must document these factors
  • § 2601.301 — Accounting: OGE must maintain records of all gifts accepted under this Part, including the donor's name, the gift's estimated value, and the manner in which it was used; these records are public (subject to Privacy Act considerations) and reported in OGE's annual performance report

  Part 2601 reflects a narrow but practically important authority — OGE uses gift acceptance primarily for ethics training programs, conferences, and materials where private foundations and professional associations may provide funding. The authority is subject to strict documentation and oversight requirements precisely because OGE's mission is ethics regulation: any appearance that OGE's operations were influenced by donors would undermine the agency's credibility. Most recent Federal Register amendment: 80 FR 57073 (September 2015) — updated solicitation procedures.

  Part 1304 is OMB's agency-specific layer on top of the government-wide 18 U.S.C. § 207 framework. The OMB context is significant because OMB sits at the center of federal budget and regulatory decisions — former senior OMB officials who move to industries subject to OMB-reviewed regulations or budget decisions are particularly positioned to leverage their OMB relationships and access. The Part 1304 restrictions target exactly that leverage: a former OMB budget examiner or OIRA regulatory reviewer cannot immediately turn around and represent their new employer in dealings with the same office on the same matters they previously worked on. The OGC advice mechanism is particularly important for OMB alumni because the breadth of OMB's interagency coordination role makes it difficult for former employees to self-assess which of their post-government activities might implicate the restrictions.

• 31 CFR Part 15 — Treasury Post-Employment Conflict of Interest Enforcement (29 sections — the Department of the Treasury's administrative enforcement procedures for 18 U.S.C. § 207 violations by former Treasury officers and employees; most executive agencies rely on DOJ criminal prosecution or OGE referral for § 207 enforcement, but Treasury maintains its own ALJ-based administrative enforcement track to impose discipline — including debarment from practice before Treasury — against former employees who violate the revolving door restrictions):

  • § 15.737-1 — Scope: Part 15 applies specifically to former Treasury officers and employees who may have violated § 207(a) or (b) (the lifetime prohibition and 2-year restriction); the "Director" referenced throughout is Treasury's Director of Practice (the designated official responsible for practitioner conduct and discipline before Treasury bureaus including IRS, ATF when it was under Treasury, OCC, and Customs)
  • § 15.737-11 — Institution of proceeding: the Director may institute a disciplinary proceeding when there is reason to believe a former Treasury employee has violated § 207(a) or (b); the proceeding is initiated by a formal complaint; the Director may also conduct informal conferences with the former employee before deciding whether to file a complaint (§ 15.737-10)
  • § 15.737-12–15.737-14 — Pleadings: the complaint must give a plain and concise description of the alleged violation; the respondent has a set time (specified in the complaint) to file an answer admitting or denying each allegation; failure to answer constitutes an admission of the facts alleged
  • § 15.737-20–15.737-30 — Hearing procedure: proceedings are heard by an Administrative Law Judge; parties may be represented by counsel; the ALJ manages discovery, evidence, and the hearing record; the ALJ issues an initial decision with findings and recommended disposition
  • § 15.737-40 — Dispositions: the Director may issue an order of reprimand, suspension, or disbarment from practice before Treasury; disbarment prohibits the former employee from representing clients before any Treasury bureau or office; the Director's final decision is subject to judicial review
  • Why this matters: Treasury administers some of the most high-stakes regulatory domains — tax, banking, securities, alcohol and tobacco enforcement — and former senior Treasury officials (IRS commissioners, OCC Comptrollers, OFAC directors) move into advisory roles where the § 207 restrictions are frequently implicated; Part 15's administrative disbarment track gives Treasury a tool to bar repeat or egregious violators from Treasury practice even without a criminal conviction

• 5 CFR Part 730 — Notification of Post-Employment Restrictions: the OPM regulation requiring agencies to give written notice to departing senior officials of their 18 U.S.C. § 207(c) post-employment cooling-off restrictions:

  • § 730.103 — Coverage: the notification requirement applies to all individuals whose pay is at or above 86.5% of the Executive Schedule Level II rate — a threshold that captures the Senior Executive Service, most Senior Level/Scientific/Professional positions, and certain political appointees; the 86.5% threshold (rather than a precise GS grade or SES designation) reflects Congress's intent to cover all high-level officials who face the § 207(c) one-year cooling-off period, regardless of agency-specific pay structure
  • § 730.104 — When notice must be given: agencies must provide written notification before, or as part of, any personnel action that affects the employee's coverage under § 207(c)(1) — meaning the notice obligation is triggered by the action that makes the employee subject to the restrictions (appointment to a covered position) as well as by the action that ends that coverage (separation or demotion out of the covered pay range); by requiring notice at the time of appointment (not just at departure), the regulation ensures covered employees understand their future obligations before they accumulate the relationships and inside knowledge that the cooling-off period is designed to constrain
  • § 730.105 — Continuity of pre-existing restrictions: post-employment restrictions that applied under 18 U.S.C. § 207 before the January 2004 effective date of the National Defense Authorization Act amendment remain in effect — neither the regulation nor the 2004 NDAA amendment eliminated prior restrictions; this savings clause ensures that employees cannot argue their earlier activities created vested rights that override current post-employment obligations

  Part 730 is a compliance infrastructure rule — it ensures that covered employees cannot later claim ignorance of post-employment restrictions as a defense to enforcement. The written notice requirement creates a documented record that the employee was informed of the § 207 restrictions before departure. OGE's supplemental standards (5 CFR Part 2641) are the substantive restriction; Part 730 is the notification mechanism that makes those restrictions operationally effective. In practice, agency ethics offices integrate Part 730 notices into their standard separation checklists for SES employees and other senior officials — the notice is typically provided as part of exit interviews and departure paperwork alongside SF-50 processing and benefits coordination.

Additional OGE administrative regulations:

• 5 CFR Part 2604 — OGE FOIA Rules and Fees for Public Financial Disclosure Reports: OGE's implementing regulations for the Freedom of Information Act (5 U.S.C. § 552) specifically governing access to public financial disclosure reports (SF-278) filed by senior executive branch officials. Public disclosure reports are among OGE's most-requested record types — they are presumptively public (required by law under the Ethics in Government Act) but OGE charges fees for copies and has separate processing tracks for commercial requesters vs. public-interest requesters. Unlike most FOIA programs, OGE's public disclosure report access is partly governed by the Ethics in Government Act rather than FOIA alone, creating a dual-track system: FOIA for most records, direct Ethics Act disclosure rights for SF-278 reports.

• 5 CFR Part 2608 — OGE Testimony and Records Production in Legal Proceedings: OGE's Touhy regulations governing when OGE employees may testify or produce official records in response to subpoenas or litigation demands; imposes the same general prohibition as other agency Touhy regulations — no current or former OGE employee may testify about official duties or produce OGE records without prior approval of OGE's Designated Agency Ethics Official; approval standards consider whether testimony would be disproportionate to the need, duplicate other available evidence, or impair OGE's ability to perform its ethics program functions.

• 5 CFR Part 2606 — OGE Privacy Act Regulations: OGE's implementing rules for the Privacy Act of 1974 (5 U.S.C. § 552a) governing records OGE maintains about executive branch officials; OGE's two governmentwide systems of records (OGE/GOVT-1 — Executive Branch Personnel Public Financial Disclosure Reports, and OGE/GOVT-2 — Confidential Financial Disclosure Reports) contain financial data submitted by approximately 28,000 senior officials annually; public financial disclosure reports (SF-278) filed by Senate-confirmed nominees, SES members, and equivalent are available to the public and to OGE for ethics program administration; confidential reports (OGE Form 450) filed by lower-level employees are protected from public disclosure under the Privacy Act and may only be accessed by the filer, OGE ethics officials, and designated agency ethics officials; Privacy Act access and amendment requests go first to the employee's agency ethics official (§ 2606.104), not directly to OGE, because agencies often process the underlying report data; OGE's own Privacy Act records (correspondence, audit findings, advisory opinions) are processed by OGE directly.

Agency supplemental ethics regulations (5 CFR Part 2635 requires agency-specific supplements with OGE concurrence; these are among the most substantively significant):

• 5 CFR Part 5501 — HHS Supplemental Standards of Ethical Conduct (12 sections — HHS's agency-specific ethics requirements for employees of the Department of Health and Human Services and its twelve major components, including FDA, NIH, CDC, CMS, SAMHSA, and others; supplements 5 CFR Part 2635). Key provisions:
  • § 5501.102 — Component agencies designated as separate for gift purposes: HHS designates its twelve components (FDA, NIH, CMS, CDC, ACF, AHRQ, ASPR, ACL, IHS, HRSA, SAMHSA, and the HHS Office of the Secretary) as "separate agencies" under 5 CFR 2635.203(a) — meaning each component's gift prohibition is evaluated against entities regulated by or doing business with that specific component, not the whole of HHS; an FDA employee may accept a gift from a company regulated by CMS (if not regulated by FDA) without triggering the gift prohibition
  • § 5501.103 — Gifts from Indian tribes: HHS employees may accept unsolicited gifts of native artwork, crafts, or traditional cultural items from federally recognized Indian tribes without triggering the usual gift prohibition, because the Cultural Gifts Act (25 U.S.C. § 2012) specifically permits such exchanges in the tribal-federal government relationship context
  • § 5501.104 — Prohibited financial interests for FDA employees: FDA employees and their spouses and minor children may not hold financial interests in any FDA-regulated entity — including pharmaceutical companies, medical device manufacturers, food companies, and tobacco companies — because FDA's regulatory reach is so broad that even broad-market financial interests could create conflicts; this is the same strict financial interest prohibition used by the CFPB (Part 9401) and reflects the regulatory scope of FDA's market oversight
  • § 5501.105 — Prior approval for outside employment (covered positions): HHS employees in "covered positions" (those with access to nonpublic information about regulatory decisions, grants, or procurement) must obtain DAEO approval before engaging in any outside employment; "covered positions" at FDA include drug reviewers, device reviewers, and enforcement officials whose agency decisions directly affect the value of private-sector financial interests

Pending Legislation

• DOGE Accountability Act (various sponsors) — would designate DOGE personnel as regular employees (not SGEs) for ethics purposes, extending the full § 207(c)/(d) cooling-off periods to all who served in DOGE roles. Status: Introduced.
• Revolving Door Reform proposals — multiple bills in 2025–2026 would extend the cooling-off period for very senior officials from two years to five years and close the advisory/behind-the-scenes work exemption. Status: Introduced.

Recent Developments

• DOGE and SGE status (2025): Elon Musk and other DOGE personnel were designated Special Government Employees, limiting their post-employment restrictions to the narrower SGE rules under § 207. Critics argued that DOGE personnel had access to agency systems and decision-making authority equivalent to regular senior officials and should face the same cooling-off periods. The SGE designation made their post-employment obligations substantially lighter than those of the permanent agency staff they effectively directed. Several legal challenges to the SGE designation were filed.
• DOGE alumni and industry (2025–2026): As DOGE personnel began leaving government service, questions arose about whether their communications with agencies on behalf of private clients were restricted under § 207. Several former DOGE officials moved to positions at companies with significant federal contracts or regulatory exposure. DOJ has not publicly announced prosecutions, but OGE issued guidance reminding former SGEs of their applicable restrictions.
• Foreign government representation: Section 207(f) gained renewed attention in 2025 as former senior officials with significant foreign government consulting arrangements raised questions about what post-government foreign advisory work was permissible. FARA registration requirements (see FARA & Lobbying Disclosure) overlay § 207(f) for work involving foreign principals.
• Enforcement record: § 207 prosecutions are relatively rare — DOJ typically pursues cases involving egregious or repeated violations. Advisory opinions from OGE are the primary compliance mechanism. Several prominent cases in recent years involved former senior officials who miscalculated the scope of the one-year cooling-off period, believing their work was purely advisory when it crossed into covered "communication or appearance" territory.