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1981-June-26

Applicability of 18 U.S.C. § 205 to Union Organizing Activities of Department of Justice Employee

The representational bar in 18 U.S.C. § 205 applies to union organizing activities of a federal employee in which he acts as “agent or attorney” for other federal employees before their agency.

The definition of “agency” in 18 U.S.C. § 6 is an expansive one, which establishes a presumption that a governmental entity is an agency for purposes of a given criminal offense, including offenses involving a conflict of interest, and includes entities in the legislative branch.

Even if certain provisions in Title VII of the Civil Service Reform Act (CSRA) specifically protect a federal employee’s organizational and representational activities under that Act, notwithstanding the general bar in § 205, those provisions do not apply in this case because the employee group seeking recognition is not a “labor organization” under the CSRA.

2000-January-03

Applicability of 18 U.S.C. § 205(a)(2) to Representation Before Non-Federal Agency

18 U.S.C. § 205(a)(2), which bars a Federal employee from acting as an agent or attorney before any “agency . . . in connection with any covered matter in which the United States is a party or has a direct and substantial interest,” applies only to Federal agencies and does not apply to state agencies or agencies of the District of Columbia.

1979-October-31

Applicability of 18 U.S.C. § 207 to the General Accounting Office

Conflict of Interest—18 U.S.C. § 207—Applicability to the General Accounting Office

1988-May-10

Applicability of 18 U.S.C. § 207(a) to the Union Station Development Corporation

18 U.S.C. § 207(a) does not prohibit a former employee of the District of Columbia government now working for the Union Station Redevelopment Corporation from communicating with the District government concerning matters on which she worked as a District employee, because the Corporation should be regarded as “the United States” for the purposes of that statute.

1988-November-18

Applicability of 18 U.S.C. § 207(c) to President-Elect’s Transition Team

The one-year bar in 18 U.S.C. § 207(c), which prohibits certain former government employees from contacting the agencies where they worked, applies to persons who serve on a presidential transition team while receiving a salary from a private employer.

The bar in 18 U.S.C. § 207(c) does not apply to members of a presidential transition team who support themselves from their own resources or are compensated solely from appropriated funds.

1993-August-27

Applicability of 18 U.S.C. § 207(c) to the Briefing and Arguing of Cases in Which the Department of Justice Represents a Party

Section 207(c) of title 18 forbids a former senior employee of the Department of Justice, for one year after his or her service ends, from signing a brief or making an oral argument in a case where the Department represents one of the parties.

2000-November-03

Applicability of 18 U.S.C. § 207(d) to Certain Employees in the Treasury Department

The post-employment restrictions of 18 U.S.C. § 207(d), which cover officials paid “at” the rate for level I of the Executive Schedule, do not apply to officials paid at a higher rate. Those officials are instead subject to the restrictions of 18 U.S.C. § 207(c).

1999-January-26

Applicability of 18 U.S.C. § 208 to National Gambling Impact Study Commission

The National Gambling Impact Study Commission is not an “independent” agency for purposes of a criminal conflict of interest statute, 18 U.S.C. § 208.

1994-June-22

Applicability of 18 U.S.C. § 208 to Proposed Appointment of Government Official to the Board of Connie Lee

An executive branch officer or employee appointed to the Board of Directors of Connie Lee would be a “director” within the meaning of 18 U.S.C. § 208(a) and therefore would be disqualified from participating “personnally and substantially” in any “particular matter” implicating the financial interests of Connie Lee unless the conditions of subsection 208(b) are satisfied.

1997-June-12

Applicability of 18 U.S.C. § 208 to the Federal Communications Commission’s Representative on the Board of Directors of the Telecommunications Development Fund

Because the Telecommunications Development Fund is a non-profit entity that is owned, funded, and controlled by the federal government, it is not an “organization” within the meaning of 18 U S.C. § 208. Therefore, the restrictions in § 208 do not apply to the service of the Federal Communications Commission’s General Counsel on the Board of Directors of the Fund.


Updated: April 2014