; or (C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations. . 3. Prohibition on participation in matter relating to previous employment (a) In general Chapter 11 of title 18, United States Code, is amended by inserting after section 219 the following new section: 220. Prohibition on participation in matter relating to previous employment (a) During the 2-year period beginning on the date an individual is appointed to a covered position at an agency, any such individual who has not received a waiver under subsection (b)— (1) who participates in any particular matter involving specific parties that is directly and substantially related to the individual’s former employer or former clients, or (2) with respect to any such individual who was a registered lobbyist under the Lobbying Disclosure Act of 1995, or who was not a registered lobbyist under such Act but who engaged in lobbying activity as defined in subsection (c), during the 2-year period preceding the date of such appointment, who— (A) participates in any particular matter on which the individual made a lobbying contact (in the case of a registered lobbyist under such Act), or engaged in such activity, during such 2-year period, (B) participates in the specific issue area in which such particular matter falls, or (C) seeks or accepts employment with any agency with respect to which the individual made a lobbying contact (in the case of a registered lobbyist under such Act), or engaged in such activity, during such 2-year period, shall be punished as provided in section 216 of this title. (b) (1) The Director of the Office of Management and Budget, in consultation with the Counsel to the President, may waive the requirements of subsection (a) with respect to any individual covered by such subsection if the Director certifies, in writing, to the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland