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.
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.
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
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.
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.
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.
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).
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.
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.
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.