(a) Any former employee of the executive branch subject to the constraints of the post-employment restrictions of 18 U.S.C. 207(a), (c), and (d) who wishes to communicate scientific or technological information to DOE must contact the DOE office with which the former employee wishes to communicate and request authorization to make such communication. This request must be in writing and address, in detail, information regarding each of the factors set forth in paragraphs (c)(1) through (c)(6) and (c)(8) of this section.
(b) In consultation with the Designated Agency Ethics Official (DAEO), the agency designee in the office with cognizance over the matter must advise the former employee in writing whether the proposed communication is an authorized communication. This authority cannot be delegated, except to another individual serving in a position in DOE requiring appointment by the President of the United States with the advice and consent of the Senate.
(c) In deciding whether a proposed communication is an authorized communication, the agency designee receiving the request and the DAEO must consider the following factors:
(1) Whether the former employee has relevant scientific or technical qualifications;
(2) Whether the former employee has qualifications that are otherwise unavailable to both the former employee's current employer and DOE;
(3) The nature of the scientific or technological information to be conveyed;
(4) The former employee's position prior to termination;
(5) The extent of the former employee's involvement in the matter at issue during his or her employment, including:
(i) The former employee's involvement in the same particular matter involving specific parties;
(ii) The time elapsed since the former employee's participation in such matter; and
(iii) The offices within the Federal department or agency involved in the matter both during the former employee's period of employment in the executive branch and at the time the request is being made;
(6) The existence of pending or anticipated matters before the Federal government from which the former employee or his or her current employer may financially benefit, including contract modifications, grant applications, and proposals; and
(7) Whether DOE's interests would be served by allowing the proposed communication; and
(8) Any other relevant information.