“Special Federal employee” means:

1. a. 

   Individuals, such as advisory committee members, consultants, experts, and others who are retained, designated, appointed, or employed to perform, with or without compensation, temporary duties either on a full-time or intermittent basis, for not more than 130 days during any period of 365 consecutive days; or

2. b. 

   A part-time U.S. Magistrate; or

3. c. 

   A part-time local representative of a member of Congress; or

4. d. 

   A reserve officer of the Armed Forces or an officer of the National Guard of the United States who:

   1. 1. 

      Is serving involuntarily on extended active duty for any length of time (unless the individual is otherwise an officer or employee of the United States); or

   2. 2. 

      Is serving voluntarily on extended active duty for 130 days or less.

A special Federal employee may represent parties in claims before the United States except:

1. a. 

   As to matters in which the employee has at any time participated personally and substantially in the course of their Federal employment; or

2. b. 

   If the employee has served the department or agency where the employee is employed for more than 60 days in the immediately preceding period of 365 days, and the matter is one which is pending before the department or agency. This restraint applies whether or not the matter is one in which the employee participated personally and substantially during their Federal employment.

In the situations described in subsections (B)(1)(a) and (b), a special Federal employee is prohibited from demanding, seeking, receiving, accepting, or agreeing to receive or accept any compensation for any representational services, as agent or attorney or otherwise in relation to any proceeding, application, request for a ruling 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 substantial interest, before any department, agency, court, court-martial, officer or civil, military or naval commission.

Nothing in subsection (B) above prevents a regular Federal employee from acting, with or without compensation, as agent or attorney for, or otherwise representing, a parent, spouse, child, or any person for whom, or any estate for which the employee is serving as guardian, executor, administrator, trustee, or other personal fiduciary, subject to the following restrictions:

1. a. 

   The employee must not have participated personally and substantially as a Federal employee with respect to the matter in issue;

2. b. 

   The matter in issue must not be the subject of the employee's official responsibility;

3. c. 

   The employee must have received the written consent of the official designated to approve or disapprove employee requests to engage in outside activities; and

4. d. 

   This exception does not alter the employee’s responsibilities under the Standards of Ethical Conduct, found at 5 C.F.R. §2635.101 et seq., including the employee’s responsibilities to not misuse their SSA position through misuse of authority, information, time, or resources. (See 5 C.F.R. §§2635.701-705).

Nothing in subsection (B) prevents a special Federal employee from giving testimony under oath or from making statements required to be made under penalty for perjury or contempt. Giving any such testimony or statements should be consistent with the requirements under 20 C.F.R. Part 403.

Nothing in subsection (B) prevents a special Federal employee from acting as agent, representative, 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 certification in the Federal Register.