Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 5 - Administrative Personnel |
Chapter II - Merit Systems Protection Board |
SubChapter B - GENERAL PROVISIONS |
Part 2637 - REGULATIONS CONCERNING POST EMPLOYMENT CONFLICT OF INTEREST |
Subpart B - Substantive Provisions |
§ 2637.207 - Exemption for persons with special qualification in a technical discipline.
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(a)
Applicability. A former Government employee may be exempted from the restrictions on post employment practices if the head of the agency concerned with the particular matter, in consultation with the Director, executes a certification published in theFederal Register that such former Government employee has outstanding qualifications in a scientific, technological, or other technical discipline; is acting with respect to a particular matter which requires such qualifications; and that the national interest would be served by such former Government employee's participation.(b)
When appropriate. This exemption should generally be utilized only where the former Government employee's involvement is needed on so continuous and comprehensive a basis that compliance with the procedures adopted for the communication of technical information (see § 2637.206), or other actionsto isolate the former Government employee from other aspects of the matter, would be burdensome and impractical. (c)
Certification authority. Certification should take place at no lower level than the head of the agency, the deputy thereof, or in the absence of both, the acting agency head. Consultation with the Director shall precede any certification. The exemption takes place upon the execution of the certification, provided that it is transmitted to theFederal Register for publication.(d)
Agency registry. An agency may establish a registry for current employees, wherein the nature of their qualifications in one or more technical fields is certified after review by a supervisor, as a basis for establishing such qualifications in connection with, and to expedite, a later request for certification, should the necessity for such request arise.