434 
‘‘§ 993. Compensation to Members of Congress, of-
ficers, and others in matters affecting the 
Government 
‘‘(a) FEDERAL MATTERS.—Whoever, otherwise than as pro-
vided by law for the proper discharge of official duties— 
‘‘(1) demands, seeks, receives, accepts, or agrees to re-
ceive or accept any compensation for any representational 
services, as agent or attorney or otherwise, rendered or to 
be rendered either personally or by another— 
‘‘(A) at a time when such person is a Member of 
Congress, Member of Congress Elect, Delegate, Dele-
gate Elect, Resident Commissioner, or Resident Com-
missioner Elect; or 
‘‘(B) at a time when such person is an officer or em-
ployee or Federal judge of the United States in the ex-
ecutive, legislative, or judicial branch of the Govern-
ment, or in any agency of the United States, 
in relation to any proceeding, application, request for a rul-
ing or other determination, contract, claim, controversy, 
charge, accusation, arrest, or other particular matter in 
which the United States is a party or has a direct and sub-
stantial interest, before any department, agency, court, 
court-martial, officer, or any civil, military, or naval com-
mission; or 
‘‘(2) knowingly gives, promises, or offers any compensa-
tion for any such representational services rendered or to 
be rendered at a time when the person to whom the com-
pensation is given, promised, or offered, is or was such a 
Member, Member Elect, Delegate, Delegate Elect, Commis-
sioner, Commissioner Elect, Federal judge, officer, or em-
ployee; 
shall be subject to the penalties set forth in section 216 of this 
title. 
‘‘(b) DISTRICT OF COLUMBIA.—Whoever, otherwise than as 
provided by law for the proper discharge of official duties— 
‘‘(1) demands, seeks, receives, accepts, or agrees to re-
ceive or accept any compensation for any representational 
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services, as agent or attorney or otherwise, rendered or to 
be rendered either personally or by another, at a time when 
such person is an officer or employee of the District of Co-
lumbia, in relation to any proceeding, application, request 
for a ruling or other determination, contract, claim, con-
troversy, charge, accusation, arrest, or other particular 
matter in which the District of Columbia is a party or has 
a direct and substantial interest, before any department, 
agency, court, officer, or commission; or 
‘‘(2) knowingly gives, promises, or offers any compensa-
tion for any such representational services rendered or to 
be rendered at a time when the person to whom the com-
pensation is given, promised, or offered, is or was an officer 
or employee of the District of Columbia; 
shall be subject to the penalties set forth in section 216 of this 
title. 
‘‘(c) SPECIAL GOVERNMENT EMPLOYEES.—A special Gov-
ernment employee shall be subject to subsections (a) and (b) 
only in relation to a particular matter involving a specific party 
or parties— 
‘‘(1) in which such employee has at any time participated 
personally and substantially as a Government employee or 
as a special Government employee through decision, ap-
proval, disapproval, recommendation, the rendering of ad-
vice, investigation or otherwise; or 
‘‘(2) which is pending in the department or agency of the 
Government in which such employee is serving except that 
paragraph (2) of this subsection shall not apply in the case 
of a special Government employee who has served in such 
department or agency no more than sixty days during the 
immediately preceding period of three hundred and sixty- 
five consecutive days. 
‘‘(d) EXCLUSION.—Nothing in this section prevents an offi-
cer or employee, including a special Government employee, 
from acting, with or without compensation, as agent or attor-
ney for or otherwise representing his parents, spouse, child, or 
any person for whom, or for any estate for which, he is serving 
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436 
as guardian, executor, administrator, trustee, or other personal 
fiduciary except— 
‘‘(1) in those matters in which he has participated per-
sonally and substantially as a Government employee or as 
a special Government employee through decision, approval, 
disapproval, recommendation, the rendering of advice, in-
vestigation, or otherwise; or 
‘‘(2) in those matters that are the subject of his official 
responsibility, 
subject to approval by the Government official responsible for 
appointment to his position. 
‘‘(e) CERTIFICATION OF NATIONAL INTEREST.—Nothing in 
this section prevents a special Government employee from act-
ing as agent or attorney for another person in the performance 
of work under a grant by, or a contract with or for the benefit 
of, the United States if the head of the department or agency 
concerned with the grant or contract certifies in writing that 
the national interest so requires and publishes such certifi-
cation in the Federal Register. 
‘‘(f) TESTIMONY AND STATEMENTS.—Nothing in this section 
prevents an individual from giving testimony under oath or 
from making statements required to be made under penalty of 
perjury. 
‘‘§ 994. Practice in United States Court of Federal 
Claims or the United States Court of Ap-
peals for the Federal Circuit by Members 
of Congress 
‘‘Whoever, being a Member of Congress or Member of Con-
gress Elect, practices in the United States Court of Federal 
Claims or the United States Court of Appeals for the Federal 
Circuit shall be subject to the penalties set forth in section 
1004 of this title. 
‘‘§ 995. Activities of officers and employees in 
claims against and other matters affecting 
the Government 
‘‘(a) FEDERAL MATTERS.—Whoever, being an officer or em-
ployee of the United States in the executive, legislative, or judi-
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437 
cial branch of the Government or in any agency of the United 
States, other than in the proper discharge of his official du-
ties— 
‘‘(1) acts as agent or attorney for prosecuting any claim 
against the United States, or receives any gratuity, or any 
share of or interest in any such claim, in consideration of 
assistance in the prosecution of such claim; or 
‘‘(2) acts as agent or attorney for anyone before any de-
partment, agency, court, court-martial, officer, or civil, 
military, or naval commission in connection with any cov-
ered matter in which the United States is a party or has 
a direct and substantial interest; 
shall be subject to the penalties set forth in section 216 of this 
title. 
‘‘(b) DISTRICT OF COLUMBIA.—Whoever, being an officer or 
employee of the District of Columbia or an officer or employee 
of the Office of the United States Attorney for the District of 
Columbia, otherwise than in the proper discharge of official du-
ties— 
‘‘(1) acts as agent or attorney for prosecuting any claim 
against the District of Columbia, or receives any gratuity, 
or any share of or interest in any such claim in consider-
ation of assistance in the prosecution of such claim; or 
‘‘(2) acts as agent or attorney for anyone before any de-
partment, agency, court, officer, or commission in connec-
tion with any covered matter in which the District of Co-
lumbia is a party or has a direct and substantial interest; 
shall be subject to the penalties set forth in section 216 of this 
title. 
‘‘(c) SPECIAL GOVERNMENT EMPLOYEES.—A special Gov-
ernment employee shall be subject to subsections (a) and (b) 
only in relation to a covered matter involving a specific party 
or parties— 
‘‘(1) in which he has at any time participated personally 
and substantially as a Government employee or special 
Government employee through decision, approval, dis-
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approval, recommendation, the rendering of advice, inves-
tigation, or otherwise; or 
‘‘(2) which is pending in the department or agency of the 
Government in which he is serving. 
Paragraph (2) shall not apply in the case of a special Govern-
ment employee who has served in such department or agency 
no more than sixty days during the immediately preceding pe-
riod of three hundred and sixty-five consecutive days. 
‘‘(d) EXCLUSION WITH RESPECT TO CERTAIN PERSONS.— 
‘‘(1) GENERALLY.—Nothing in subsection (a) or (b) pre-
vents an officer or employee, if not inconsistent with the 
faithful performance of that officer’s or employee’s duties, 
from acting without compensation as agent or attorney for, 
or otherwise representing— 
‘‘(A) any person who is the subject of disciplinary, 
loyalty, or other personnel administration proceedings 
in connection with those proceedings; or 
‘‘(B) except as provided in paragraph (2), any coop-
erative, voluntary, professional, recreational, or similar 
organization or group not established or operated for 
profit, if a majority of the organization’s or group’s 
members are current officers or employees of the 
United States or of the District of Columbia, or their 
spouses or dependent children. 
‘‘(2) EXCEPTION.—Paragraph (1)(B) does not apply 
with respect to a covered matter that— 
‘‘(A) is a claim under subsection (a)(1) or (b)(1); 
‘‘(B) is a judicial or administrative proceeding where 
the organization or group is a party; or 
‘‘(C) involves a grant, contract, or other agreement 
(including a request for any such grant, contract, or 
agreement) providing for the disbursement of Federal 
funds to the organization or group. 
‘‘(e) EXCLUSION WITH RESPECT FAMILY MEMBERS.—Noth-
ing in subsection (a) or (b) prevents an officer or employee, in-
cluding a special Government employee, from acting, with or 
without compensation, as agent or attorney for, or otherwise 
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439 
representing, his parents, spouse, child, or any person for 
whom, or for any estate for which, he is serving as guardian, 
executor, administrator, trustee, or other personal fiduciary ex-
cept— 
‘‘(1) in those matters in which he has participated per-
sonally and substantially as a Government employee or spe-
cial Government employee through decision, approval, dis-
approval, recommendation, the rendering of advice, inves-
tigation, or otherwise, or 
‘‘(2) in those matters which are the subject of his official 
responsibility, 
subject to approval by the Government official responsible for 
appointment to his position. 
‘‘(f) CERTIFICATION OF NATIONAL INTEREST.—Nothing in 
subsection (a) or (b) prevents a special Government employee 
from acting as agent or attorney for another person in the per-
formance of work under a grant by, or a contract with or for 
the benefit of, the United States if the head of the department 
or agency concerned with the grant or contract certifies in writ-
ing that the national interest so requires and publishes such 
certification in the Federal Register. 
‘‘(g) TESTIMONY AND STATEMENTS.—Nothing in this sec-
tion prevents an officer or employee from giving testimony 
under oath or from making statements required to be made 
under penalty for perjury or contempt. 
‘‘(h) DEFINITION.—For the purpose of this section, the term 
‘covered matter’ means any judicial or other proceeding, appli-
cation, request for a ruling or other determination, contract, 
claim, controversy, investigation, charge, accusation, arrest, or 
other particular matter. 
‘‘(i) ADDITIONAL EXCLUSIONS.—Nothing in this section pre-
vents an employee from acting pursuant to— 
‘‘(1) chapter 71 of title 5; 
‘‘(2) section 1004 or chapter 12 of title 39; 
‘‘(3) section 3 of the Tennessee Valley Authority Act of 
1933 (16 U.S.C. 831b); 
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440 
‘‘(4) chapter 10 of title I of the Foreign Service Act of 
1980 (22 U.S.C. 4104 et seq.); or 
‘‘(5) any provision of any other Federal or District of 
Columbia law that authorizes labor-management relations 
between an agency or instrumentality of the United States 
or the District of Columbia and any labor organization that 
represents its employees. 
‘‘§ 996. Exemption of retired officers of the uni-
formed services 
‘‘Sections 993 and 995 of this title shall not apply to a re-
tired officer of the uniformed services of the United States 
while not on active duty and not otherwise an officer or em-
ployee of the United States, or to any person specially excepted 
by Act of Congress. 
‘‘§ 997. Restrictions on former officers, employees, 
and elected officials of the executive and 
legislative branches 
‘‘(a) RESTRICTIONS ON ALL OFFICERS AND EMPLOYEES OF 
THE EXECUTIVE BRANCH AND CERTAIN OTHER AGENCIES.— 
‘‘(1) PERMANENT RESTRICTIONS ON REPRESENTATION 
ON PARTICULAR MATTERS.—Any person who is an officer 
or employee (including any special Government employee) 
of the executive branch of the United States (including any 
independent agency of the United States), or of the District 
of Columbia, and who, after the termination of his or her 
service or employment with the United States or the Dis-
trict of Columbia, knowingly makes, with the intent to in-
fluence, any communication to or appearance before any of-
ficer or employee of any department, agency, court, or 
court-martial of the United States or the District of Co-
lumbia, on behalf of any other person (except the United 
States or the District of Columbia) in connection with a 
particular matter— 
‘‘(A) in which the United States or the District of 
Columbia is a party or has a direct and substantial in-
terest, 
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‘‘(B) in which the person participated personally and 
substantially as such officer or employee, and 
‘‘(C) which involved a specific party or specific par-
ties at the time of such participation, 
shall be punished as provided in section 1004 of this title. 
‘‘(2) 
TWO-YEAR
RESTRICTIONS
CONCERNING
PAR-
TICULAR
MATTERS
UNDER
OFFICIAL
RESPONSIBILITY.— 
Any person subject to the restrictions contained in para-
graph (1) who, within 2 years after the termination of his 
or her service or employment with the United States or the 
District of Columbia, knowingly makes, with the intent to 
influence, any communication to or appearance before any 
officer or employee of any department, agency, court, or 
court-martial of the United States or the District of Co-
lumbia, on behalf of any other person (except the United 
States or the District of Columbia), in connection with a 
particular matter— 
‘‘(A) in which the United States or the District of 
Columbia is a party or has a direct and substantial in-
terest, 
‘‘(B) which such person knows or reasonably should 
know was actually pending under his or her official re-
sponsibility as such officer or employee within a period 
of 1 year before the termination of his or her service 
or employment with the United States or the District 
of Columbia, and 
‘‘(C) which involved a specific party or specific par-
ties at the time it was so pending, 
shall be punished as provided in section 1004. 
‘‘(3) CLARIFICATION
OF
RESTRICTIONS.—The restric-
tions contained in paragraphs (1) and (2) shall apply— 
‘‘(A) in the case of an officer or employee of the ex-
ecutive branch of the United States (including any 
independent agency), only with respect to communica-
tions to or appearances before any officer or employee 
of any department, agency, court, or court-martial of 
the United States on behalf of any other person (except 
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442 
the United States), and only with respect to a matter 
in which the United States is a party or has a direct 
and substantial interest; and 
‘‘(B) in the case of an officer or employee of the Dis-
trict of Columbia, only with respect to communications 
to or appearances before any officer or employee of any 
department, agency, or court of the District of Colum-
bia on behalf of any other person (except the District 
of Columbia), and only with respect to a matter in 
which the District of Columbia is a party or has a di-
rect and substantial interest. 
‘‘(b) ONE-YEAR RESTRICTIONS ON AIDING OR ADVISING.— 
‘‘(1) IN GENERAL.—Any person who is a former officer 
or employee of the executive branch of the United States 
(including any independent agency) and is subject to the 
restrictions contained in subsection (a)(1), or any person 
who is a former officer or employee of the legislative branch 
or a former Member of Congress, who personally and sub-
stantially participated in any ongoing trade or treaty nego-
tiation on behalf of the United States within the 1-year pe-
riod preceding the date on which his or her service or em-
ployment with the United States terminated, and who had 
access to information concerning such trade or treaty nego-
tiation which is exempt from disclosure under section 552 
of title 5, which is so designated by the appropriate depart-
ment or agency, and which the person knew or should have 
known was so designated, shall not, on the basis of that in-
formation, knowingly represent, aid, or advise any other 
person (except the United States) concerning such ongoing 
trade or treaty negotiation for a period of 1 year after his 
or her service or employment with the United States termi-
nates. Any person who violates this subsection shall be pun-
ished as provided in section 1004 of this title. 
‘‘(2) DEFINITION.—For purposes of this paragraph— 
‘‘(A) the term ‘trade negotiation’ means negotiations 
which the President determines to undertake to enter 
into a trade agreement pursuant to section 1102 of the 
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Omnibus Trade and Competitiveness Act of 1988, and 
does not include any action taken before that deter-
mination is made; and 
‘‘(B) the term ‘treaty’ means an international agree-
ment made by the President that requires the advice 
and consent of the Senate. 
‘‘(c) ONE-YEAR RESTRICTIONS ON CERTAIN SENIOR PER-
SONNEL
OF
THE EXECUTIVE BRANCH
AND INDEPENDENT 
AGENCIES.— 
‘‘(1) RESTRICTIONS.—In addition to the restrictions set 
forth in subsections (a) and (b), any person who is an offi-
cer or employee (including any special Government em-
ployee) of the executive branch of the United States (in-
cluding an independent agency), who is referred to in para-
graph (2), and who, within 1 year after the termination of 
his or her service or employment as such officer or em-
ployee, knowingly makes, with the intent to influence, any 
communication to or appearance before any officer or em-
ployee of the department or agency in which such person 
served within 1 year before such termination, on behalf of 
any other person (except the United States), in connection 
with any matter on which such person seeks official action 
by any officer or employee of such department or agency, 
shall be punished as provided in section 1004 of this title. 
‘‘(2) PERSONS
TO
WHOM
RESTRICTIONS
APPLY.—(A) 
Paragraph (1) shall apply to a person (other than a person 
subject to the restrictions of subsection (d))— 
‘‘(i) employed at a rate of pay specified in or fixed 
according to subchapter II of chapter 53 of title 5, 
‘‘(ii) employed in a position which is not referred to 
in clause (i) and for which that person is paid at a rate 
of basic pay which is equal to or greater than 86.5 per-
cent of the rate of basic pay for level II of the Execu-
tive Schedule, or, for a period of 2 years following the 
enactment of the National Defense Authorization Act 
for Fiscal Year 2004, a person who, on the day prior 
to the enactment of that Act, was employed in a posi-
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444 
tion which is not referred to in clause (i) and for which 
the rate of basic pay, exclusive of any locality-based 
pay adjustment under section 5304 or section 5304a of 
title 5, was equal to or greater than the rate of basic 
pay payable for level 5 of the Senior Executive Service 
on the day prior to the enactment of that Act, 
‘‘(iii) appointed by the President to a position under 
section 105(a)(2)(B) of title 3 or by the Vice President 
to a position under section 106(a)(1)(B) of title 3, 
‘‘(iv) employed in a position which is held by an ac-
tive duty commissioned officer of the uniformed serv-
ices who is serving in a grade or rank for which the 
pay grade (as specified in section 201 of title 37) is pay 
grade O-7 or above; or 
‘‘(v) assigned from a private sector organization to 
an agency under chapter 37 of title 5. 
‘‘(B) Paragraph (1) shall not apply to a special Govern-
ment employee who serves less than 60 days in the 1-year 
period before his or her service or employment as such em-
ployee terminates. 
‘‘(C) At the request of a department or agency, the Di-
rector of the Office of Government Ethics may waive the 
restrictions contained in paragraph (1) with respect to any 
position, or category of positions, referred to in clause (ii) 
or (iv) of subparagraph (A), in such department or agency 
if the Director determines that— 
‘‘(i) the imposition of the restrictions with respect to 
such position or positions would create an undue hard-
ship on the department or agency in obtaining qualified 
personnel to fill such position or positions, and 
‘‘(ii) granting the waiver would not create the poten-
tial for use of undue influence or unfair advantage. 
‘‘(d) RESTRICTIONS ON VERY SENIOR PERSONNEL OF THE 
EXECUTIVE BRANCH AND INDEPENDENT AGENCIES.— 
‘‘(1) RESTRICTIONS.—In addition to the restrictions set 
forth in subsections (a) and (b), any person who— 
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445 
‘‘(A) serves in the position of Vice President of the 
United States, 
‘‘(B) is employed in a position in the executive 
branch of the United States (including any independent 
agency) at a rate of pay payable for level I of the Exec-
utive Schedule or employed in a position in the Execu-
tive Office of the President at a rate of pay payable for 
level II of the Executive Schedule, or 
‘‘(C) is appointed by the President to a position 
under section 105(a)(2)(A) of title 3 or by the Vice 
President to a position under section 106(a)(1)(A) of 
title 3, 
and who, within 1 year after the termination of that per-
son’s service in that position, knowingly makes, with the in-
tent to influence, any communication to or appearance be-
fore any person described in paragraph (2), on behalf of 
any other person (except the United States), in connection 
with any matter on which such person seeks official action 
by any officer or employee of the executive branch of the 
United States, shall be punished as provided in section 
1004 of this title. 
‘‘(2) PERSONS WHO MAY NOT BE CONTACTED.—The per-
sons referred to in paragraph (1) with respect to appear-
ances or communications by a person in a position de-
scribed in subparagraph (A), (B), or (C) of paragraph (1) 
are— 
‘‘(A) any officer or employee of any department or 
agency in which such person served in such position 
within a period of 1 year before such person’s service 
or employment with the United States Government ter-
minated, and 
‘‘(B) any person appointed to a position in the exec-
utive branch which is listed in section 5312, 5313, 
5314, 5315, or 5316 of title 5. 
‘‘(e) RESTRICTIONS ON MEMBERS OF CONGRESS AND OFFI-
CERS AND EMPLOYEES OF THE LEGISLATIVE BRANCH.— 
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446 
‘‘(1) MEMBERS
OF
CONGRESS
AND
ELECTED
OFFI-
CERS.—(A) Any person who is a Member of Congress or 
an elected officer of either House of Congress and who, 
within 1 year after that person leaves office, knowingly 
makes, with the intent to influence, any communication to 
or appearance before any of the persons described in sub-
paragraph (B) or (C), on behalf of any other person (ex-
cept the United States) in connection with any matter on 
which such former Member of Congress or elected officer 
seeks action by a Member, officer, or employee of either 
House of Congress, in his or her official capacity, shall be 
punished as provided in section 1004 of this title. 
‘‘(B) The persons referred to in subparagraph (A) with 
respect to appearances or communications by a former 
Member of Congress are any Member, officer, or employee 
of either House of Congress, and any employee of any other 
legislative office of the Congress. 
‘‘(C) The persons referred to in subparagraph (A) with 
respect to appearances or communications by a former 
elected officer are any Member, officer, or employee of the 
House of Congress in which the elected officer served. 
‘‘(2) PERSONAL STAFF.—(A) Any person who is an em-
ployee of a Senator or an employee of a Member of the 
House of Representatives and who, within 1 year after the 
termination of that employment, knowingly makes, with the 
intent to influence, any communication to or appearance 
before any of the persons described in subparagraph (B), 
on behalf of any other person (except the United States) 
in connection with any matter on which such former em-
ployee seeks action by a Member, officer, or employee of ei-
ther House of Congress, in his or her official capacity, shall 
be punished as provided in section 1004 of this title. 
‘‘(B) The persons referred to in subparagraph (A) with 
respect to appearances or communications by a person who 
is a former employee are the following: 
‘‘(i) The Senator or Member of the House of Rep-
resentatives for whom that person was an employee. 
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447 
‘‘(ii) Any employee of that Senator or Member of the 
House of Representatives. 
‘‘(3) COMMITTEE STAFF.—Any person who is an em-
ployee of a committee of Congress and who, within 1 year 
after the termination of that person’s employment on such 
committee, knowingly makes, with the intent to influence, 
any communication to or appearance before any person who 
is a Member or an employee of that committee or who was 
a Member of the committee in the year immediately prior 
to the termination of such person’s employment by the 
committee, on behalf of any other person (except the 
United States) in connection with any matter on which 
such former employee seeks action by a Member, officer, or 
employee of either House of Congress, in his or her official 
capacity, shall be punished as provided in section 1004 of 
this title. 
‘‘(4) LEADERSHIP STAFF.—(A) Any person who is an 
employee on the leadership staff of the House of Represent-
atives or an employee on the leadership staff of the Senate 
and who, within 1 year after the termination of that per-
son’s employment on such staff, knowingly makes, with the 
intent to influence, any communication to or appearance 
before any of the persons described in subparagraph (B), 
on behalf of any other person (except the United States) 
in connection with any matter on which such former em-
ployee seeks action by a Member, officer, or employee of ei-
ther House of Congress, in his or her official capacity, shall 
be punished as provided in section 1004 of this title. 
‘‘(B) The persons referred to in subparagraph (A) with 
respect to appearances or communications by a former em-
ployee are the following: 
‘‘(i) In the case of a former employee on the leader-
ship staff of the House of Representatives, those per-
sons are any Member of the leadership of the House 
of Representatives and any employee on the leadership 
staff of the House of Representatives. 
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‘‘(ii) In the case of a former employee on the leader-
ship staff of the Senate, those persons are any Member 
of the leadership of the Senate and any employee on 
the leadership staff of the Senate. 
‘‘(5) OTHER
LEGISLATIVE
OFFICES.—(A) Any person 
who is an employee of any other legislative office of the 
Congress and who, within 1 year after the termination of 
that person’s employment in such office, knowingly makes, 
with the intent to influence, any communication to or ap-
pearance before any of the persons described in subpara-
graph (B), on behalf of any other person (except the 
United States) in connection with any matter on which 
such former employee seeks action by any officer or em-
ployee of such office, in his or her official capacity, shall 
be punished as provided in section 1004 of this title. 
‘‘(B) The persons referred to in subparagraph (A) with 
respect to appearances or communications by a former em-
ployee are the employees and officers of the former legisla-
tive office of the Congress of the former employee. 
‘‘(6) LIMITATION ON RESTRICTIONS.—(A) The restric-
tions contained in paragraphs (2), (3), and (4) apply only 
to acts by a former employee who, for at least 60 days, in 
the aggregate, during the 1-year period before that former 
employee’s service as such employee terminated, was paid 
a rate of basic pay equal to or greater than an amount 
which is 75 percent of the basic rate of pay payable for a 
Member of the House of Congress in which such employee 
was employed. 
‘‘(B) The restrictions contained in paragraph (5) apply 
only to acts by a former employee who, for at least 60 
days, in the aggregate, during the 1-year period before that 
former employee’s service as such employee terminated, was 
employed in a position for which the rate of basic pay, ex-
clusive of any locality-based pay adjustment under section 
5302 of title 5 (or any comparable adjustment pursuant to 
interim authority of the President), is equal to or greater 
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