[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2637.206]

[Page 630]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2637_REGULATIONS CONCERNING POST EMPLOYMENT CONFLICT OF INTEREST--Table 
 
                    Subpart B_Substantive Provisions
 
Sec. 2637.206  Exemption for scientific and technological information.

    (a) Exemption. The making of communications solely for the purpose 
of furnishing scientific or technological information pursuant to agency 
procedures is exempt from all prohibitions and restrictions set forth in 
Sec. Sec. 2637.201-2637.204 of these regulations (subsections (a), (b), 
and (c) of 18 U.S.C. 207). This exemption allows the free exchange of 
such information regardless of a former Government employee's prior 
participation in or responsibility for the matter. The former Senior 
Employee should not argue for the acceptance of a proposal. The 
exemption is not limited to communications constituting the furnishing 
of information, but includes those ``for the purpose of'' doing so. No 
violation occurs when, for example, a former Government employee working 
on a project makes contact to determine the kind and form of information 
required, or the adequacy of information already supplied, so long as 
agency procedures are satisfied.

    Example 1: A project manager, regardless of prior involvement in a 
particular matter, may contact the Government to determine deficiencies 
in system design or performance, furnish scientific or technological 
information relating to a solution or approach to a problem, seek 
related information from the Government; advise and supervise others who 
are involved as to such matters; and meet with Government technical 
experts for such purpose; provided in each case that there is compliance 
with such agency regulations as have been issued.

    (b) Necessary information. Scientific and technological information 
includes feasibility, risk, cost, and speed of implementation, when 
necessary to appreciate fairly the practical significance of the 
information. The Government may and should be fully informed of the 
significance of scientific and technological alternatives.
    (c) Intent to influence. The furnishing of meritorious or convincing 
scientific or technological proposals does not constitute an intent to 
influence. (See Sec. 2637.201(b)(7) of this part.)
    (d) Expert testimony. This exemption does not include testimony as 
an ``expert'' in adversary proceedings in a matter in which the United 
States is involved or has an interest. Such testimony is governed by 
regulations set forth in Sec. 2637.208. As to assistance as an expert 
or consultant, see Sec. 2637.203(g), Example 7.
    (e) Agency responsibility for procedures. The primary responsibility 
for developing procedures to guide activity under this exemption lies 
with each agency, so that such procedures comport with the particular 
characteristics of agency programs and needs. Such procedures will be 
reviewed periodically by the Director. In promulgating procedures, an 
agency may take into consideration: Limiting communications to certain 
formats which are least conducive to the use of personal influence; 
segregating, to the extent possible, meetings and presentations 
involving matters of technical substance from those involving other 
aspects of the relationship; requiring that the designated agency ethics 
official be informed of instances where the exemption is used; or 
employing more restrictive practices in circumstances involving either 
immediate competition for contracts or applications for grants than in 
those involving an ongoing project.