[United States Senate Manual, 112th Congress]
[S. Doc. 112-1]
[USCODETITLE]
[Pages 912-946]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 912]]
TITLE 18.--CRIMES AND CRIMINAL PROCEDURE
Chapter 11.--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
1240 Sec. 201. Bribery of public officials and witnesses.
(a) For the purpose of this section--
(1) the term ``public official'' means
Member of Congress, Delegate, or Resident
Commissioner, either before or after such
official has qualified, or an officer or
employee or person acting for or on behalf of
the United States, or any department, agency or
branch of Government thereof, including the
District of Columbia, in any official function,
under or by authority of any such department,
agency, or branch of Government, or a juror;
(2) the term ``person who has been selected
to be a public official'' means any person who
has been nominated or appointed to be a public
official, or has been officially informed that
such person will be so nominated or appointed;
and
(3) the term ``official act'' means any
decision or action on any question, matter,
cause, suit, proceeding or controversy, which
may at any time be pending, or which may by law
be brought before any public official, in such
official's official capacity, or in such
official's place of trust or profit.
(b) Whoever--
(1) directly or indirectly, corruptly gives,
offers or promises anything of value to any
public official or person who has been selected
to be a public official, or offers or promises
any public official or any person who has been
selected to be a public official to give
anything of value to any other person or entity,
with intent--
(A) to influence any official act; or
(B) to influence such public official or
person who has been selected to be a public
official to commit or aid in committing, or
collude in, or allow, any fraud, or make
opportunity for the commission of any fraud,
on the United States; or
(C) to induce such public official or
such person who has been selected to be a
public official to do or omit to do any act
in violation of the lawful duty of such
official or person;
(2) being a public official or person
selected to be a public official, directly or
indirectly, corruptly demands, seeks, receives,
accepts, or agrees to receive or accept anything
of value personally or for any other person or
entity, in return for--
(A) being influenced in the performance
of any official act;
(B) being influenced to commit or aid in
committing, or to collude in, or allow, any
fraud, or make opportunity for the
commission of any fraud, on the United
States; or
(C) being induced to do or omit to do
any act in violation of the official duty of
such official or person;
(3) directly or indirectly, corruptly gives,
offers, or promises anything of value to any
person, or offers or promises such person
[[Page 913]]
to give anything of value to any other person or
entity, with intent to influence the testimony
under oath or affirmation of such first-
mentioned person as a witness upon a trial,
hearing, or other proceeding, before any court,
any committee of either House or both Houses of
Congress, or any agency, commission, or officer
authorized by the laws of the United States to
hear evidence or take testimony, or with intent
to influence such person to absent himself
therefrom;
(4) directly or indirectly, corruptly
demands, seeks, receives, accepts, or agrees to
receive or accept anything of value personally
or for any other person or entity in return for
being influenced in testimony under oath or
affirmation as a witness upon any such trial,
hearing, or other proceeding, or in return for
absenting himself therefrom;
shall be fined under this title or not more than three times
the monetary equivalent of the thing of value, whichever is
greater, or imprisoned for not more than fifteen years, or
both, and may be disqualified from holding any office of
honor, trust, or profit under the United States.
(c) Whoever--
(1) otherwise than as provided by law for
the proper discharge of official duty--
(A) directly or indirectly gives,
offers, or promises anything of value to any
public official, former public official, or
person selected to be a public official, for
or because of any official act performed or
to be performed by such public official,
former public official, or person selected
to be a public official; or
(B) being a public official, former
public official, or person selected to be a
public official, otherwise than as provided
by law for the proper discharge of official
duty, directly or indirectly demands, seeks,
receives, accepts, or agrees to receive or
accept anything of value personally for or
because of any official act performed or to
be performed by such official or person;
(2) directly or indirectly, gives, offers,
or promises anything of value to any person, for
or because of the testimony under oath or
affirmation given or to be given by such person
as a witness upon a trial, hearing, or other
proceeding, before any court, any committee of
either House or both Houses of Congress, or any
agency, commission, or officer authorized by the
laws of the United States to hear evidence or
take testimony, or for or because of such
person's absence therefrom;
(3) directly or indirectly, demands, seeks,
receives, accepts, or agrees to receive or
accept anything of value personally for or
because of the testimony under oath or
affirmation given or to be given by such person
as a witness upon any such trial, hearing, or
other proceeding, or for or because of such
person's absence therefrom;
shall be fined under this title or imprisoned for not more
than two years, or both.
(d) Paragraphs (3) and (4) of subsection (b) and
paragraphs (2) and (3) of subsection (c) shall not be
construed to prohibit the payment or receipt of witness fees
provided by law, or the payment, by the party upon whose
behalf a witness is called and receipt by a witness, of the
reasonable cost of travel and subsistence incurred and the
reasonable value of time lost in attendance at any such
trial, hearing, or
[[Page 914]]
proceeding, or in the case of expert witnesses, a reasonable
fee for time spent in the preparation of such opinion, and
in appearing and testifying.
(e) The offenses and penalties prescribed in this
section are separate from and in addition to those
prescribed in sections 1503, 1504, and 1505 of this title.
(Oct. 23, 1962; Pub.L. 87-849, Sec. 1(a), 76 Stat. 1119, and
amended Pub.L. 91-405, Title II, Sec. 204(d)(1), Sept. 22,
1970, 84 Stat. 853; Pub.L. 99-646, Sec. 46(a), Nov. 10,
1986, 100 Stat. 3601-3604; Sept. 13, 1994, Pub.L. 103-322,
Sec. 330016(2)(D), 108 Stat. 2148.)
1241 Sec. 202. Definitions.
(a) For the purpose of sections 203, 205, 207, 208, and
209 of this title the term ``special Government employee''
shall mean an officer or employee of the executive or
legislative branch of the United States Government, of any
independent agency of the United States or of the District
of Columbia, who is retained, designated, appointed, or
employed to perform, with or without compensation, for not
to exceed one hundred and thirty days during any period of
three hundred and sixty-five consecutive days, temporary
duties either on a full-time or intermittent basis, or a
part-time United States commissioner, a part-time United
States magistrate, or, regardless of the number of days of
appointment, an independent counsel appointed under chapter
40 of title 28 and any person appointed by that independent
counsel under section 594(c) of title 28. Notwithstanding
the next preceding sentence, every person serving as a part-
time local representative of a Member of Congress in the
Member's home district or State shall be classified a
special Government employee. Notwithstanding section 29 (c)
and (d) of the Act of August 10, 1956 (70A Stat. 632; 5
U.S.C. 30r (c) and (d)),\1\ a Reserve Officer of the Armed
Forces, or an officer of the National Guard of the United
States, unless otherwise an officer or employee of the
United States, shall be classified as a special Government
employee while on active duty solely for training. A Reserve
officer of the Armed Forces or an officer of the National
Guard of the United States who is voluntarily serving a
period of extended active duty in excess of one hundred and
thirty days shall be classified as an officer of the United
States within the meaning of section 203 and sections 205
through 209 and 218. A Reserve officer of the Armed Forces
or an officer of the National Guard of the United States who
is serving involuntarily shall be classified as a special
Government employee. The terms ``officer or employee'' and
``special Government employee'' as used in sections 203,
205, 207 through 209, and 218, shall not include enlisted
members of the Armed Forces.
\1\ Section 30r (c) and (d) of title 5, United States
Code, is now contained in sections 502, 2105(d), and
5534 of that title.
(b) For the purposes of sections 205 and 207 of this
title, the term ``official responsibility'' means the direct
administrative or operating authority, whether intermediate
or final, and either exercisable alone or with others, and
either personally or through subordinates, to approve,
disapprove, or otherwise direct Government action.
(c) Except as otherwise provided in such sections, the
terms ``officer'' and ``employee'' in sections 203, 205, 207
through 209, and 218 of this title shall not include the
President, the Vice President, a Member of Congress, or a
Federal judge.
[[Page 915]]
(d) The term ``Member of Congress'' in sections 204 and
207 means--
(1) A United States Senator; and
(2) a Representative in, or a Delegate or
Resident Commissioner to, the House of
Representatives.
(e) As used in this chapter, the term--
(1) ``executive branch'' includes each
executive agency as defined in title 5, and any
other entity or administrative unit in the
executive branch;
(2) ``judicial branch'' means the Supreme
Court of the United States; the United States
courts of appeals; the United States district
courts; the Court of International Trade; the
United States bankruptcy courts; any court
created pursuant to article I of the United
States Constitution, including the Court of
Appeals for the Armed Forces, the United States
Court of Federal Claims, and the United States
Tax Court, but not including a court of a
territory or possession of the United States;
the Federal Judicial Center, and any other
agency, office, or entity in the judicial
branch; and
(3) ``legislative branch'' means--
(A) the Congress; and
(B) the Office of the Architect of the
Capitol, the United States Botanic Garden,
the Government Accountability Office, the
Government Printing Office, the Library of
Congress, the Office of Technology
Assessment, the Congressional Budget Office,
the United States Capitol Police, and any
other agency, entity, office, or commission
established in the legislative branch. (June
25, 1948, ch. 645, Sec. 1, 62 Stat. 691;
Oct. 23, 1962, Pub.L. 87-849, 76 Stat. 1121;
Oct. 17, 1968, Pub.L. 90-578, Sec. 301(b),
82 Stat. 1115; Pub.L. 100-191, Sec. 3(a),
Dec. 15, 1987, 101 Stat. 1306; Pub.L. 101-
194, Title IV, Sec. 401, Nov. 30, 1989, 103
Stat. 1747; Pub.L. 101-280, Sec. 5(a), May
4, 1990, 104 Stat. 158; Pub.L. 102-572,
Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.
4516; Pub.L. 103-337, Sec. 924(d)(1), Oct.
5, 1994, 108 Stat. 2832; Pub.L. 108-271,
Sec. 8(b), July 7, 2004, 118 Stat. 814.)
1242 Sec. 203. Compensation to Members of Congress, officers, and
others in matters affecting the Government.
(a) Whoever, otherwise than as provided by law for the
proper discharge of official duties, directly or
indirectly--
(1) demands, seeks, receives, accepts, or
agrees to receive or accept any compensation for
any representational services, as agent or
attorney or otherwise, services 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, Delegate Elect, Resident
Commissioner, or Resident Commissioner
Elect; or
(B) at a time when such person is an
officer or employee or Federal judge of the
United States in the executive, legislative,
or judicial branch of the Government, or in
any agency of the United States,
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 depart
[[Page 916]]
ment, agency, court, court-martial, officer, or any
civil, military, or naval commission; or
(2) knowingly gives, promises, or offers any
compensation for any such representational
services rendered or to be rendered at a time
when the person to whom the compensation is
given, promised, or offered, is or was such a
Member, Member Elect, Delegate, Delegate Elect,
Commissioner, Commissioner Elect, Federal judge,
officer, or employee;
shall be subject to the penalties set forth in section 216
of this title.
(b) Whoever, otherwise than as provided by law for the
proper discharge of official duties, directly or
indirectly--
(1) demands, seeks, receives, accepts, or
agrees to receive or accept any compensation for
any representational 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 Columbia, 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 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
compensation for any such representational
services rendered or to be rendered at a time
when the person to whom the compensation 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) A special Government employee shall be subject to
subsection (a) 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, approval,
disapproval, recommendation, the rendering of
advice, 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) Nothing in this section prevents an officer or
employee, including a special Government employee, from
acting, with or without compensation, as agent or attorney
for or otherwise 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 except--
(1) in those matters in which he has
participated personally and substantially as a
Government employee or as a special Government
employee through decision, approval,
disapproval, recommendation, the rendering of
advice, investigation, or otherwise; or
(2) in those matters that are the subject of
his official responsibility,
[[Page 917]]
subject to approval by the Government official responsible
for appointment to his position.
(e) Nothing in this section prevents a special
Government employee from acting 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 certification in the
Federal Register.
(f) Nothing in this section prevents an individual from
giving testimony under oath or from making statements
required to be made under penalty of perjury. (Oct. 23,
1962, Pub.L. 87-849, Sec. 1(a), 76 Stat. 1121, and amended
Pub.L. 91-405, Title II, Sec. 204(d)(2), (3), Sept. 22,
1970, 84 Stat. 853; Pub.L. 99-646, Sec. 47(a), Nov. 10,
1986, 100 Stat. 3604, 3605; Pub.L. 101-194, Title IV,
Sec. 402, Nov. 30, 1989, 103 Stat. 1748; Pub.L. 101-280,
Sec. 5(b), May 4, 1990, 104 Stat. 159.)
1243 Sec. 204. Practice in United States Court of Federal Claims
or the United States Court of Appeals for the Federal
Circuit by Members of Congress.
Whoever, being a Member of Congress or Member of
Congress 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 216 of this title. (June 25, 1948, ch. 645, 62
Stat. 697; Oct. 23, 1962; Pub.L. 87-849, 76 Stat. 1122;
Sept. 22, 1970; Pub.L. 91-405, Sec. 204(d), 84 Stat. 853;
Pub.L. 97-164, Sec. 147, Apr. 2, 1982, 96 Stat. 45; Pub.L.
101-194, Title IV, Sec. 403, Nov. 30, 1989, 103 Stat. 1749;
Pub.L. 102-572, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.
4516.)
1244 Sec. 205. Activities of officers and employees in claims
against and other matters affecting the Government.
(a) Whoever, being an officer or employee of the United
States in the executive, legislative, or judicial branch of
the Government or in any agency of the United States, other
than in the proper discharge of his official duties--
(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 department, agency, court, court-
martial, officer, or civil, military, or naval
commission in connection with any covered 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) 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 duties--
(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
consideration of assistance in the prosecution
of such claim; or
(2) acts as agent or attorney for anyone
before any department, agency, court, officer,
or commission in connection with any covered
[[Page 918]]
matter in which the District of Columbia 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) A special Government 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, disapproval, recommendation,
the rendering of advice, investigation, 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
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)(1) Nothing in subsection (a) or (b) prevents 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
cooperative, 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) 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) Nothing in subsection (a) or (b) prevents an officer
or employee, including a special Government employee, from
acting, with or without compensation, as agent or attorney
for, or otherwise 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 except--
(1) in those matters in which he has
participated personally and substantially as a
Government employee or special Government
employee through decision, approval,
disapproval, recommendation, the rendering of
advice, investigation, 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) Nothing in subsection (a) or (b) prevents a special
Government employee from acting as agent or attorney for
another person in the
[[Page 919]]
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.
(g) Nothing in this section 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) For the purpose of this section, the term ``covered
matter'' means any judicial or other proceeding,
application, request for a ruling or other determination,
contract, claim, controversy, investigation, charge,
accusation, arrest, or other particular matter.
(i) Nothing in this section prevents 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);
(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.
(Added Pub.L. 87-849, Sec. 1(a), October 23, 1962, 76 Stat.
1122, and amended Pub.L. 101-194, Title IV, Sec. 404, Nov.
30, 1989, 103 Stat. 1750; Pub.L. 101-280, Sec. 5(c), May 4,
1990, 104 Stat. 159; Pub.L. 104-177, Sec. 2, Aug. 6, 1996,
110 Stat. 1563; Pub.L. 107-273, Div. B, Title IV, Sec.
4002(a)(9), Nov. 2, 2002, 116 Stat. 1807.)
1245 Sec. 207. 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 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 Columbia, 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 interest,
(B) in which the person participated
personally and substantially as such officer
or employee, and
(C) which involved a specific party or
specific parties at the time of such
participation,
shall be punished as provided in section 216 of this
title.
[[Page 920]]
(2) Two-year restrictions concerning
particular matters under official
responsibility.--Any person subject to the
restrictions contained in paragraph (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
Columbia, 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 interest,
(B) which such person knows or
reasonably should know was actually pending
under his or her official responsibility 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 parties at the time it was so
pending,
shall be punished as provided in section 216 of this
title.
(3) Clarification of restrictions.--The
restrictions contained in paragraphs (1) and (2)
shall apply--
(A) in the case of an officer or
employee of the executive branch of the
United States (including any independent
agency), only with respect to communications
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 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 District 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 Columbia 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
direct 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 substantially
participated in any ongoing trade or treaty
negotiation on behalf of the United States
within the 1-year period preceding the date on
which his or her service or employment with the
United States terminated, and who had access to
information concerning such trade or treaty
negotiation which is exempt from disclosure
under section 552 of title 5, which is so
designated by the appropriate department or
agency, and which the person knew or should have
known was so designated, shall not, on the basis
of that information, knowingly represent, aid,
or advise any other person (except the United
States) concerning such ongoing
[[Page 921]]
trade or treaty negotiation for a period of 1
year after his or her service or employment with
the United States terminates. Any person who
violates this subsection shall be punished as
provided in section 216 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 Omnibus
Trade and Competitiveness Act of 1988, and
does not include any action taken before
that determination is made; and
(B) the term ``treaty'' means an
international agreement made by the
President that requires the advice and
consent of the Senate.
(c) One-year restrictions on certain 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 is an officer or employee
(including any special Government employee) of
the executive branch of the United States
(including an independent agency), who is
referred to in paragraph (2), and who, within 1
year after the termination of his or her service
or employment as such officer or employee,
knowingly makes, with the intent to influence,
any communication to or appearance before any
officer or employee 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 216 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
percent of the rate of basic pay for
level II of the Executive 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 position
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, or
(iv) employed in a position
which is held by an active duty
commissioned officer of the
uniformed services who is serving in
a grade or rank for which the pay
grade (as
[[Page 922]]
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 Government employee who serves less
than 60 days in the 1-year period before his
or her service or employment as such
employee terminates.
(C) At the request of a department or
agency, the Director 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 hardship on the department
or agency in obtaining qualified
personnel to fill such position or
positions, and
(ii) granting the waiver would
not create the potential 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--
(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 Executive
Schedule or employed in a position in the
Executive 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 2 years after the termination of
that person's service in that position, knowingly
makes, with the intent to influence, any
communication to or appearance before 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 216 of this title.
(2) Persons who may not be contacted.--The
persons referred to in paragraph (1) with
respect to appearances or communications by a
person in a position described 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
terminated, and
(B) any person appointed to a position
in the executive branch which is listed in
section 5312, 5313, 5314, 5315, or 5316 of
title 5.
[[Page 923]]
(e) Restrictions on Members of Congress and officers and
employees of the legislative branch--
(1) Members of Congress and elected officers
of the house--
(A) Senators.--Any person who is a
Senator and who, within 2 years after that
person leaves office, knowingly makes, with
the intent to influence, any communication
to or appearance before any Member, officer,
or employee of either House of Congress or
any employee of any other legislative office
of the Congress, on behalf of any other
person (except the United States) in
connection with any matter on which such
former Senator 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 216
of this title.
(B) Members and officers of the House of
Representatives.--(i) Any person who is a
Member of the House of Representatives or an
elected officer of the House of
Representatives 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 clause (ii) or
(iii), on behalf of any other person (except
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 216 of this title.
(ii) The persons referred to in clause
(i) with respect to appearances or
communications by a former Member of the
House of Representatives are any Member,
officer, or employee of either House of
Congress and any employee of any other
legislative office of the Congress.
(iii) The persons referred to in clause
(i) with respect to appearances or
communications by a former elected officer
are any Member, officer, or employee of the
House of Representatives.
(2) Officers and staff of the Senate.--Any
person who is an elected officer of the Senate,
or an employee of the Senate to whom paragraph
(7)(A) applies, and who, within 1 year after
that person leaves office or employment,
knowingly makes, with the intent to influence,
any communication to or appearance before any
Senator or any officer or employee of the
Senate, on behalf of any other person (except
the United States) in connection with any matter
on which such former elected officer or former
employee seeks action by a Senator or an officer
or employee of the Senate, in his or her
official capacity, shall be punished as provided
in section 216 of this title.
(3) Personal staff--
(A) Any person who is an employee of a
Member of the House of Representatives to
whom paragraph (7)(A) applies 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 employee seeks action by a Member,
officer, or employee of
[[Page 924]]
either House of Congress, in his or her
official capacity, shall be punished as
provided in section 216 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 Member of the House of
Representatives for whom that person
was an employee; and
(ii) any employee of that Member
of the House of Representatives.
(4) Committee staff.--Any person who is an
employee of a committee of the House of
Representatives, or an employee of a joint
committee of the Congress whose pay is disbursed
by the Clerk of the House of Representatives, to
whom paragraph (7)(A) applies and who, within 1
year after the termination of that person's
employment on such committee or joint committee
(as the case may be), 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 joint committee
(as the case may be) or who was a Member of the
committee or joint committee (as the case may
be) in the year immediately prior to the
termination of such person's employment by the
committee or joint committee (as the case may
be), 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 216 of this
title.
(5) Leadership staff.--(A) Any person who is
an employee on the leadership staff of the House
of Representatives to whom paragraph (7)(A)
applies and who, within 1 year after the
termination of that person'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 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 216 of this title.
(B) The persons referred to in subparagraph
(A) with respect to appearances or
communications by a former employee are any
Member of the leadership of the House of
Representatives and any employee on the
leadership staff of the House of
Representatives.
(6) Other legislative offices.--(A) Any
person who is an employee of any other
legislative office of the Congress to whom
paragraph (7)(B) applies 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
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 employee
seeks action by any officer or employee of such
office, in his or her official capacity, shall
be punished as provided in section 216 of this
title.
(B) The persons referred to in subparagraph
(A) with respect to appearances or
communications by a former employee are the em
[[Page 925]]
ployees and officers of the former legislative
office of the Congress of the former employee.
(7) Limitation on restrictions.--(A) The
restrictions contained in paragraphs (2), (3),
(4), and (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 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
(6) 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, exclusive of any locality-based pay
adjustment under section 5302 of title 5, is
equal to or greater than the basic rate of pay
payable for level IV of the Executive Schedule.
(8) Exception.--This subsection shall not
apply to contacts with the staff of the
Secretary of the Senate or the Clerk of the
House of Representatives regarding compliance
with lobbying disclosure requirements under the
Lobbying Disclosure Act of 1995.
(9) Definitions.--As used in this
subsection--
(A) the term ``committee of Congress''
includes standing committees, joint
committees, and select committees;
(B) a person is an employee of a House
of Congress if that person is an employee of
the Senate or an employee of the House of
Representatives;
(C) the term ``employee of the House of
Representatives'' means an employee of a
Member of the House of Representatives, an
employee of a committee of the House of
Representatives, an employee of a joint
committee of the Congress whose pay is
disbursed by the Clerk of the House of
Representatives, and an employee on the
leadership staff of the House of
Representatives;
(D) the term ``employee of the Senate''
means an employee of a Senator, an employee
of a committee of the Senate, an employee of
a joint committee of the Congress whose pay
is disbursed by the Secretary of the Senate,
and an employee on the leadership staff of
the Senate;
(E) a person is an employee of a Member
of the House of Representatives if that
person is an employee of a Member of the
House of Representatives under the clerk
hire allowance;
(F) a person is an employee of a Senator
if that person is an employee in a position
in the office of a Senator;
(G) the term ``employee of any other
legislative office of the Congress'' means
an officer or employee of the Architect of
the Capitol, the United States Botanic
Garden, the Government Accountability
Office, the Government Printing Office, the
Library of Congress, the Office of
Technology Assessment, the Congressional
Budget Office, the United States Capitol
Police, and any other agency, entity, or
office in the legislative branch not covered
by paragraph (1), (2), (3), (4), or (5) of
this subsection;
[[Page 926]]
(H) the term ``employee on the
leadership staff of the House of
Representatives'' means an employee of the
office of a Member of the leadership of the
House of Representatives described in
subparagraph (L), and any elected minority
employee of the House of Representatives;
(I) the term ``employee on the
leadership staff of the Senate'' means an
employee of the office of a Member of the
leadership of the Senate described in
subparagraph (M);
(J) the term ``Member of Congress''
means a Senator or a Member of the House of
Representatives;
(K) the term ``Member of the House of
Representatives'' means a Representative in,
or a Delegate or Resident Commissioner to,
the Congress;
(L) the term ``Member of the leadership
of the House of Representatives'' means the
Speaker, majority leader, minority leader,
majority whip, minority whip, chief deputy
majority whip, chief deputy minority whip,
chairman of the Democratic Steering
Committee, chairman and vice chairman of the
Democratic Caucus, chairman, vice chairman,
and secretary of the Republican Conference,
chairman of the Republican Research
Committee, and chairman of the Republican
Policy Committee, of the House of
Representatives (or any similar position
created on or after the effective date set
forth in section 102(a) of the Ethics Reform
Act of 1989);
(M) the term ``Member of the leadership
of the Senate'' means the Vice President,
and the President pro tempore, Deputy
President pro tempore, majority leader,
minority leader, majority whip, minority
whip, chairman and secretary of the
Conference of the Majority, chairman and
secretary of the Conference of the Minority,
chairman and co-chairman of the Majority
Policy Committee, and chairman of the
Minority Policy Committee, of the Senate (or
any similar position created on or after the
effective date set forth in section 102(a)
of the Ethics Reform Act of 1989).
(f) Restrictions relating to foreign entities--
(1) Restrictions.--Any person who is subject
to the restrictions contained in subsection (c),
(d), or (e) and who knowingly, within 1 year
after leaving the position, office, or
employment referred to in such subsection--
(A) represents a foreign entity before
any officer or employee of any department or
agency of the United States with the intent
to influence a decision of such officer or
employee in carrying out his or her official
duties, or
(B) aids or advises a foreign entity
with the intent to influence a decision of
any officer or employee of any department or
agency of the United States, in carrying out
his or her official duties,
shall be punished as provided in section 216 of this
title.
(2) Special rule for Trade Representative.--
With respect to a person who is the United
States Trade Representative or Deputy United
States Trade Representative, the restrictions
described in paragraph (1) shall apply to
representing, aiding, or advising foreign
entities at any time after the termination of
that person's service as the United States Trade
Representative.
[[Page 927]]
(3) Definition.--For purposes of this
subsection, the term ``foreign entity'' means
the government of a foreign country as defined
in section 1(e) of the Foreign Agents
Registration Act of 1938, as amended, or a
foreign political party as defined in section
1(f) of that Act.
(g) Special rules for detailees.--For purposes of this
section, a person who is detailed from one department,
agency, or other entity to another department, agency, or
other entity shall, during the period such person is
detailed, be deemed to be an officer or employee of both
departments, agencies, or such entities.
(h) Designations of separate statutory agencies and
bureaus--
(1) Designations.--For purposes of
subsection (c) and except as provided in
paragraph (2), whenever the Director of the
Office of Government Ethics determines that an
agency or bureau within a department or agency
in the executive branch exercises functions
which are distinct and separate from the
remaining functions of the department or agency
and that there exists no potential for use of
undue influence or unfair advantage based on
past Government service, the Director shall by
rule designate such agency or bureau as a
separate department or agency. On an annual
basis, the Director of the Office of Government
Ethics shall review the designations and
determinations made under this subparagraph and,
in consultation with the department or agency
concerned, make such additions and deletions as
are necessary. Departments and agencies shall
cooperate to the fullest extent with the
Director of the Office of Government Ethics in
the exercise of his or her responsibilities
under this paragraph.
(2) Inapplicability of designations.--No
agency or bureau within the Executive Office
of the President may be designated under
paragraph (1) as a separate department or
agency. No designation under paragraph (1)
shall apply to persons referred to in
subsection (c)(2)(A)(i) or (iii).
(i) Definitions.--For purposes of this section--
(1) the term ``officer or employee'', when
used to describe the person to whom a
communication is made or before whom an
appearance is made, with the intent to
influence, shall include--
(A) in subsection (a), (c), and (d), the
President and the Vice President; and
(B) in subsection (f), the President,
the Vice President, and Members of Congress;
(2) the term ``participated'' means an
action taken as an officer or employee through
decision, approval, disapproval, recommendation,
the rendering of advice, investigation, or other
such action; and
(3) the term ``particular matter'' includes
any investigation, application, request for a
ruling or determination, rulemaking, contract,
controversy, claim, charge, accusation, arrest,
or judicial or other proceeding.
(j) Exceptions--
(1) Official government duties--
(A) In General.--The restrictions
contained in this section shall not apply to
acts done in carrying out official duties on
[[Page 928]]
behalf of the United States or the District
of Columbia or as an elected official of a
State or local government.
(B) Tribal organizations and inter-
tribal consortiums.--The restrictions
contained in this section shall not apply to
acts authorized by section 104(j) of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450i(j)).
(2) State and local governments and
institutions, hospitals, and organizations.--The
restrictions contained in subsections (c), (d),
and (e) shall not apply to acts done in carrying
out official duties as an employee of--
(A) an agency or instrumentality of a
State or local government if the appearance,
communication, or representation is on
behalf of such government, or
(B) an accredited, degree-granting
institution of higher education, as defined
in section 101 of the Higher Education Act
of 1965 [20 U.S.C.A. Sec. 1001], or a
hospital or medical research organization,
exempted and defined under section 501(c)(3)
of the Internal Revenue Code of 1986 [26
U.S.C.A. Sec. 501(c)(3)], if the appearance,
communication, or representation is on
behalf of such institution, hospital, or
organization.
(3) International organizations.--The
restrictions contained in this section shall not
apply to an appearance or communication on
behalf of, or advice or aid to, an international
organization in which the United States
participates, if the Secretary of State
certifies in advance that such activity is in
the interests of the United States.
(4) Special knowledge.--The restrictions
contained in subsections (c), (d), and (e) shall
not prevent an individual from making or
providing a statement, which is based on the
individual's own special knowledge in the
particular area that is the subject of the
statement, if no compensation is thereby
received.
(5) Exception for scientific or
technological information.--The restrictions
contained in subsections (a), (c), and (d) shall
not apply with respect to the making of
communications solely for the purpose of
furnishing scientific or technological
information, if such communications are made
under procedures acceptable to the department or
agency concerned or if the head of the
department or agency concerned with the
particular matter, in consultation with the
Director of the Office of Government Ethics,
makes a certification, published in the Federal
Register, that the former officer or employee
has outstanding qualifications in a scientific,
technological, or other technical discipline,
and is acting with respect to a particular
matter which requires such qualifications, and
that the national interest would be served by
the participation of the former officer or
employee. For purposes of this paragraph, the
term ``officer or employee'' includes the Vice
President.
(6) Exception for testimony.--Nothing in
this section shall prevent an individual from
giving testimony under oath, or from making
statements required to be made under penalty of
perjury. Notwithstanding the preceding
sentence--
(A) a former officer or employee of the
executive branch of the United States
(including any independent agency) who is
subject to the restrictions contained in
subsection (a)(1) with respect to a
particular matter may not, except pursuant
to court
[[Page 929]]
order, serve as an expert witness or any
other person (except the United States) in
that matter; and
(B) a former officer or employee of the
District of Columbia who is subject to the
restrictions contained in subsection (a)(1)
with respect to a particular matter may not,
except pursuant to court order, serve as an
expert witness for any other person (except
the District of Columbia) in that matter.
(7) Political parties and campaign
committees--
(A) Except as provided in subparagraph
(B), the restrictions contained in
subsections (c), (d), and (e) shall not
apply to a communication or appearance made
solely on behalf of a candidate in his or
her capacity as a candidate, an authorized
committee, a national committee, a national
Federal campaign committee, a State
committee, or a political party.
(B) Subparagraph (A) shall not apply
to--
(i) any communication to, or
appearance before, the Federal
Election Commission by a former
officer or employee of the Federal
Election Commission; or
(ii) a communication or
appearance made by a person who is
subject to the restrictions
contained in subsections\1\ (c),
(d), or (e) if, at the time of the
communication or appearance, the
person is employed by a person or
entity other than--
\1\ So in original. Probably should be ``subsection''.
(I) a candidate, an
authorized committee, a
national committee, a
national Federal campaign
committee, a State
committee, or a political
party; or
(II) a person or entity
who represents, aids, or
advises only persons or
entities described in
subclause (I).
(C) For purposes of this paragraph--
(i) the term ``candidate'' means
any person who seeks nomination for
election, or election, to Federal or
State office or who has authorized
others to explore on his or her
behalf the possibility of seeking
nomination for election, or
election, to Federal or State
office;
(ii) the term ``authorized
committee'' means any political
committee designated in writing by a
candidate as authorized to receive
contributions or make expenditures
to promote the nomination for
election, or the election, of such
candidate, or to explore the
possibility of seeking nomination
for election, or the election of
such, candidate except that a
political committee that receives
contributions or makes expenditures
to promote more than 1 candidate may
not be designated as an authorized
committee for purposes of
subparagraph (A);
(iii) the term ``national
committee'' means the organization
which, by virtue of the bylaws of a
political party, is responsible for
the day-to-day operation of such
political party at the national
level;
(iv) the term ``national Federal
campaign committee'' means an
organization that, by virtue of the
bylaws of a political party, is
established primarily for the
purpose of providing assistance, at
the national level, to candidates
[[Page 930]]
nominated by that party for election
to the office of Senator or
Representative in, or Delegate or
Resident Commissioner to, the
Congress;
(v) the term ``State committee''
means the organization which, by
virtue of the bylaws of a political
party, is responsible for the day-
to-day operation of such political
party at the State level;
(vi) the term ``political
party'' means an association,
committee, or organization that
nominates a candidate for election
to any Federal or State elected
office whose name appears on the
election ballot as the candidate of
such association, committee, or
organization; and
(vii) the term ``State'' means a
State of the United States, the
District of Columbia, the
Commonwealth of Puerto Rico, and any
territory or possession of the
United States.
(k)(1)(A) The President may grant a waiver of a
restriction imposed by this section to any officer or
employee described in paragraph (2) if the President
determines and certifies in writing that it is in the public
interest to grant the waiver and that the services of the
officer or employee are critically needed for the benefit of
the Federal Government. Not more than 25 officers and
employees currently employed by the Federal Government at
any one time may have been granted waivers under this
paragraph.
(B)(i) A waiver granted under this paragraph to any
person shall apply only with respect to activities engaged
in by that person after that person's Federal Government
employment is terminated and only to that person's
employment at a Government-owned, contractor operated entity
with which the person served as an officer or employee
immediately before the person's Federal Government
employment began.
(ii) Notwithstanding clause (i), a waiver granted under
this paragraph to any person who was an officer or employee
of Lawrence Livermore National Laboratory, Los Alamos
National Laboratory, or Sandia National Laboratory
immediately before the person's Federal Government
employment began shall apply to that person's employment by
any such national laboratory after the person's employment
by the Federal Government is terminated.
(2) Waivers under paragraph (1) may be granted only to
civilian officers and employees of the executive branch,
other than officers and employees in the Executive Office of
the President.
(3) A certification under paragraph (1) shall take
effect upon its publication in the Federal Register and
shall identify--
(A) the officer or employee covered by the
waiver by name and by position, and
(B) the reasons for granting the waiver.
A copy of the certification shall also
be provided to the Director of the Office of
Government Ethics.
(4) The President may not delegate the authority
provided by this subsection.
(5)(A) Each person granted a waiver under this
subsection shall prepare reports, in accordance with
subparagraph (B), stating whether the person has engaged in
activities otherwise prohibited by this section for each
six-month period described in subparagraph (B), and if so,
what those activities were.
[[Page 931]]
(B) A report under subparagraph (A) shall cover each
six-month period beginning on the date of the termination of
the person's Federal Government employment (with respect to
which the waiver under this subsection was granted) and
ending two years after that date. Such report shall be filed
with the President and the Director of the Office of
Government Ethics not later than 60 days after the end of
the six-month period covered by the report. All reports
filed with the Director under this paragraph shall be made
available for public inspection and copying.
(C) If a person fails to file any report in accordance
with subparagraphs (A) and (B), the President shall revoke
the waiver and shall notify the person of the revocation.
The revocation shall take effect upon the person's receipt
of the notification and shall remain in effect until the
report is filed.
(D) Any person who is granted a waiver under this
subsection shall be ineligible for appointment in the civil
service unless all reports required of such person by
subparagraphs (A) and (B) have been filed.
(E) As used in this subsection, the term ``civil
service'' has the meaning given that term in section 2101 of
title 5.
(l) Contract Advice by Former Details.--Whoever, being
an employee of a private sector organization assigned to an
agency under chapter 37 of title 5, within one year after
the end of that assignment, knowingly represents or aids,
counsels, or assists in representing any other person
(except the United States) in connection with any contract
with that agency shall be punished as provided in section
216 of this title. (Added Pub.L. 87-849, Sec. 1(a), Oct. 23,
1962, 76 Stat. 1123, and amended Pub.L. 95-521, Title V,
Sec. 501(a), Oct. 26, 1978, 92 Stat. 1864; Pub.L. 96-28,
Sec. Sec. 1, 2, June 22, 1979, 93 Stat. 76; Pub.L. 101-189,
Div. A, Title VIII, Sec. 814(d)(2), Nov. 29, 1989, 103 Stat.
1499; Pub.L. 101-194, Title I, Sec. 101(a), Nov. 30, 1989,
103 Stat. 1716; Pub.L. 101-280, Sec. Sec. 2(a), 5(d), May 4,
1990, 104 Stat. 149, 159; Pub.L. 101-509, Title V, Sec. 529
[Title I, Sec. 101(b)(8)(A)], Nov. 5, 1990, 104 Stat. 440;
Pub.L. 102-25, Title VII, Sec. 705(a), Apr. 6, 1991, 105
Stat. 120; Pub.L. 102-190, Div. B, Title XXXI, Sec. 3138(a),
Dec. 5, 1991, 105 Stat. 1579; Pub.L. 102-395, Title VI,
Sec. 609(a), Oct. 6, 1992, 106 Stat. 1873; Pub.L. 103-322,
Title XXXIII, Sec. Sec. 330002(i), 330010(15), Sept. 13,
1994, 108 Stat. 2140, 2144; Pub.L. 104-65, Sec. 21(a), Dec.
19, 1995, 109 Stat. 704; Pub.L. 104-179, Sec. Sec. 5, 6,
Aug. 6, 1996, 110 Stat. 1567, 1568; Pub.L. 104-208, Div. A,
Title I, Sec. 101(f) [Title VI, Sec. 635], Sept. 30, 1996,
110 Stat. 3009-363; Pub.L. 105-244, Title I, Sec. 102(a)(5),
Oct. 7, 1998, 112 Stat. 1618; Pub.L. 107-347, Title II, Sec.
209(d)(1), (3), Dec. 17, 2002, 116 Stat. 2930; Pub.L. 108-
136, Sec. 1125(b)(1), Nov. 24, 2003, 117 Stat. 1639; Pub.L.
108-271 Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub.L. 110-
81, Title I, Sec. Sec. 101, 104(a), Sept. 14, 2007, 121
Stat. 736, 740.)
1246
Sec. 210. Offer to procure appointive public office.
Whoever pays or offers or promises any money or thing of
value, to any person, firm, or corporation in consideration
of the use or promise to use any influence to procure any
appointive office or place under the United States for any
person, shall be fined under this title or imprisoned not
more than one year, or both. (June 25, 1948, ch. 645,
Sec. 1, 62 Stat. 694; Oct. 23, 1962, Pub.L. 87-849,
Sec. 1(b), 76 Stat. 1125; Sept. 13, 1994, Pub.L. 103-322,
Sec. 330016 (1)(H), 108 Stat. 2147.)
[[Page 932]]
1247 Sec. 211. Acceptance or solicitation to obtain appointive
public office.
Whoever solicits or receives, either as a political
contribution, or for personal emolument, any money or thing
of value, in consideration of the promise of support or use
of influence in obtaining for any person any appointive
office or place under the United States, shall be fined
under this title or imprisoned not more than one year, or
both.
Whoever solicits or receives any thing of value in
consideration of aiding a person to obtain employment under
the United States either by referring his name to an
executive department or agency of the United States or by
requiring the payment of a fee because such person has
secured such employment shall be fined under this title, or
imprisoned not more than one year, or both. This section
shall not apply to such services rendered by an employment
agency pursuant to the written request of an executive
department or agency of the United States. (June 25, 1948,
ch. 645, Sec. 1, 62 Stat. 694; Sept. 13, 1951, ch. 380, 65
Stat. 320; Oct. 23, 1962, Pub.L. 87-849, Sec. 1(b), 76 Stat.
1125; Sept. 13, 1994, Pub.L. 103-322, Sec. 330016(1)(H), 108
Stat. 2147.)
1248 Sec. 219. Officers and employees acting as agents of foreign
principals.
(a) Whoever, being a public official, is or acts as an
agent of a foreign principal required to register under the
Foreign Agents Registration Act of 1938 or a lobbyist
required to register under the Lobbying Disclosure Act of
1995 in connection with the representation of a foreign
entity, as defined in section 3(6) of that Act shall be
fined under this title or imprisoned for not more than two
years, or both.
(b) Nothing in this section shall apply to the
employment of any agent of a foreign principal as a special
Government employee in any case in which the head of the
employing agency certifies that such employment is required
in the national interest. A copy of any certification under
this paragraph shall be forwarded by the head of such agency
to the Attorney General who shall cause the same to be filed
with the registration statement and other documents filed by
such agent, and made available for public inspection in
accordance with section 6 of the Foreign Agents Registration
Act of 1938, as amended.
(c) For the purpose of this section ``public official''
means Member of Congress, Delegate, or Resident
Commissioner, either before or after he has qualified, or an
officer or employee or person acting for or on behalf of the
United States, or any department, agency, or branch of
Government thereof, including the District of Columbia, in
any official function, under or by authority of any such
department, agency, or branch of Government.
(Added Pub.L. 89-486, Sec. 8(b), July 4, 1966, 80 Stat. 249,
and amended Pub.L. 98-473, Title II, Sec. 1116, Oct. 12,
1984, 98 Stat. 2149; Pub.L. 99-646, Sec. 30, Nov. 10, 1986,
100 Stat. 3598; Pub.L. 101-647, Title XXXV, Sec. 3511, Nov.
29, 1990, 104 Stat. 4922; Pub.L. 104-65, Sec. 12(b), Dec.
19, 1995, 109 Stat. 701.)
[[Page 933]]
Chapter 18.--CONGRESSIONAL, CABINET, AND SUPREME COURT
ASSASSINATION, KIDNAPPING, AND ASSAULT
1249 Sec. 351. Congressional, Cabinet, and Supreme Court
assassination, kidnapping, and assault; penalties.
(a) Whoever kills any individual who is a Member of
Congress or a Member-of-Congress-elect, a member of the
executive branch of the Government who is the head, or a
person nominated to be head during the pendency of such
nomination, of a department listed in section 101 of title 5
or the second ranking official in such department, the
Director (or a person nominated to be Director during the
pendency of such nomination) or Deputy Director of Central
Intelligence, a major Presidential or Vice Presidential
candidate (as defined in section 3056 of this title), or a
Justice of the United States, as defined in section 451 of
title 28, or a person nominated to be a Justice of the
United States, during the pendency of such nomination, shall
be punished as provided by sections 1111 and 1112 of this
title.
(b) Whoever kidnaps any individual designated in
subsection (a) of this section shall be punished (1) by
imprisonment for any term of years or for life, or (2) by
death or imprisonment for any term of years or for life, if
death results to such individual.
(c) Whoever attempts to kill or kidnap any individual
designated in subsection (a) of this section shall be
punished by imprisonment for any term of years or for life.
(d) If two or more persons conspire to kill or kidnap
any individual designated in subsection (a) of this section
and one or more of such persons do any act to effect the
object of the conspiracy, each shall be punished (1) by
imprisonment for any term of years or for life, or (2) by
death or imprisonment for any term of years or for life, if
death results to such individual.
(e) Whoever assaults any person designated in subsection
(a) of this section shall be fined under this title, or
imprisoned not more than one year, or both; and if the
assault involved the use of a dangerous weapon, or personal
injury results, shall be fined under this title, or
imprisoned not more than ten years, or both.
(f) If Federal investigative or prosecutive jurisdiction
is asserted for a violation of this section, such assertion
shall suspend the exercise of jurisdiction by a State or
local authority, under any applicable State or local law,
until Federal action is terminated.
(g) Violations of this section shall be investigated by
the Federal Bureau of Investigation. Assistance may be
requested from any Federal, State, or local agency,
including the Army, Navy, and Air Force, any statute, rule,
or regulation to the contrary notwithstanding.
(h) In a prosecution for an offense under this section
the Government need not prove that the defendant knew that
the victim of the offense was an individual protected by
this section.
(i) There is extraterritorial jurisdiction over the
conduct prohibited by this section. (Added Pub.L. 91-644,
Title IV, Sec. 15, Jan. 2, 1971, 84 Stat. 1891, and amended
Pub.L. 97-285, Sec. Sec. 1, 2(a), Oct. 6, 1982, 96 Stat.
1219; Pub.L. 99-646, Sec. 62, Nov. 10, 1986, 100 Stat. 3614;
Pub.L. 100-690, Title VII, Sec. 7074, Nov. 18, 1988, 102
Stat. 4405; Pub.L. 103-322, Title XXXII, Sec. 320101(d),
Title XXXIII, Sec. Sec. 330016(1)(K), (L),
[[Page 934]]
330021(1), Sept. 13, 1994, 108 Stat. 2108, 2147, 2150;
Pub.L. 104-294, Title VI, Sec. 604(b)(12)(C), (c)(2), Oct.
11, 1996, 110 Stat. 3507, 3509.)
Chapter 23.--CONTRACTS
1250 Sec. 431. Contracts by Member of Congress.
Whoever, being a Member of or Delegate to Congress, or a
Resident Commissioner, either before or after he has
qualified, directly or indirectly, himself, or by any other
person in trust for him, or for his use or benefit, or on
his account, undertakes, executes, holds, or enjoys, in
whole or in part, any contract or agreement, made or entered
into in behalf of the United States or any agency thereof,
by any officer or person authorized to make contracts on its
behalf, shall be fined under this title.
All contracts or agreements made in violation of this
section shall be void; and whenever any sum of money is
advanced by the United States or any agency thereof, in
consideration of any such contract or agreement, it shall
forthwith be repaid; and in case of failure or refusal to
repay the same when demanded by the proper officer of the
department or agency under whose authority such contract or
agreement shall have been made or entered into, suit shall
at once be brought against the person so failing or refusing
and his sureties for the recovery of the money so advanced.
(June 25, 1948, ch. 645, Sec. 1, 62 Stat. 702; Oct. 31,
1951, ch. 655, Sec. 19, 65 Stat. 717; Sept. 13, 1994, Pub.L.
103-322, Sec. 330016(1)(J), 108 Stat. 2147.)
1251 Sec. 432. Officer or employee contracting with Member of
Congress.
Whoever, being an officer or employee of the United
States, on behalf of the United States or any agency
thereof, directly or indirectly makes or enters into any
contract, bargain, or agreement, with any Member of or
Delegate to Congress, or any Resident Commissioner, either
before or after he has qualified, shall be fined under this
title. (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 702; Sept.
13, 1994, Pub.L. 103-322, Sec. 330016(1)(J), 108 Stat.
2147.)
1252 Sec. 433. Exemptions with respect to certain contracts.
Sections 431 and 432 of this title shall not extend to
any contract or agreement made or entered into, or accepted
by any incorporated company for the general benefit of such
corporation; nor to the purchase or sale of bills of
exchange or other property where the same are ready for
delivery and payment therefor is made at the time of making
or entering into the contract or agreement. Nor shall the
provisions of such section apply to advances, loans,
discounts, purchase or repurchase agreements extensions, or
renewals thereof, or acceptances, releases or substitutions
of security therefor or other contracts or agreements made
or entered into under the Reconstruction Finance Corporation
Act, the Agricultural Adjustment Act, the Federal Farm Loan
Act, the Emergency Farm Mortgage Act of 1933, the Farm
Credit Act of 1933, or the Home Owners Loan Act of 1933, the
Farmers' Home Administration Act of 1946, the Bankhead-Jones
Farm Tenant Act, or to crop insurance agreements or
contracts or agreements of a kind which the Secretary of
Agriculture may enter into with farmers.
[[Page 935]]
Any exemption permitted by this section shall be made a
matter of public record. (June 25, 1948, ch. 645, Sec. 1, 62
Stat. 703; Oct. 4, 1961, Pub.L. 87-353, Sec. 3(o), 75 Stat.
774.)
Chapter 29.--ELECTIONS AND POLITICAL ACTIVITIES
1253 Sec. 591. Repealed (Pub.L. 96-187, title II, Sec. 201(a)(1),
Jan. 8, 1980, 93 Stat. 1367).
1254 Sec. 594. Intimidation of voters.
Whoever intimidates, threatens, coerces, or attempts to
intimidate, threaten, or coerce, any other person for the
purpose of interfering with the right of such other person
to vote or to vote as he may choose, or of causing such
other person to vote for, or not to vote for, any candidate
for the office of President, Vice President, Presidential
elector, Member of the Senate, Member of the House of
Representatives, Delegate from the District of Columbia, or
Resident Commissioner, at any election held solely or in
part for the purpose of electing such candidate, shall be
fined under this title or imprisoned not more than one year,
or both. (June 25, 1948, ch. 645, 62 Stat. 720; Sept. 22,
1970, Pub.L. 91-405, Title II, Sec. 204(d)(5), 84 Stat. 853;
Sept. 13, 1994, Pub.L. 103-322, Sec. 330016(1)(H), 108 Stat.
2147.)
1255 Sec. 595. Interference by administrative employees of
Federal, State, or Territorial Governments.
Whoever, being a person employed in any administrative
position by the United States, or by any department or
agency thereof, or by the District of Columbia, or any
agency or instrumentality thereof, or by any State,
Territory, or Possession of the United States, or any
political subdivision, municipality, or agency thereof, or
agency of such political subdivision or municipality
(including any corporation owned or controlled by any State,
Territory, or Possession of the United States or by any such
political subdivision, municipality, or agency), in
connection with any activity which is financed in whole or
in part by loans or grants made by the United States, or any
department or agency thereof, uses his official authority
for the purpose of interfering with, or affecting, the
nomination or the election of any candidate for the office
of President, Vice President, Presidential elector, Member
of the Senate, Member of the House of Representatives,
Delegate from the District of Columbia, or Resident
Commissioner, shall be fined under this title or imprisoned
not more than one year, or both.
This section shall not prohibit or make unlawful any act
by any officer or employee of any educational or research
institution, establishment, agency, or system which is
supported in whole or in part by any state or political
subdivision thereof, or by the District of Columbia or by
any Territory or Possession of the United States; or by any
recognized religious, philanthropic or cultural
organization. (June 25, 1948, ch. 645, 62 Stat. 720; Sept.
22, 1970, Pub.L. 91-405, Title II, Sec. 204(d)(6), 84 Stat.
853; Sept. 13, 1994, Pub.L. 103-322, Sec. 330016(1)(H), 108
Stat. 2147.)
1256 Sec. 597. Expenditures to influence voting.
Whoever makes or offers to make an expenditure to any
person, either to vote or withhold his vote, or to vote for
or against any candidate; and
[[Page 936]]
Whoever solicits, accepts, or receives any such
expenditure in consideration of his vote or the withholding
of his vote--
Shall be fined under this title or imprisoned not more
than one year, or both; and if the violation was willful,
shall be fined under this title or imprisoned not more than
two years, or both. (June 25, 1948, ch. 645, 62 Stat. 721;
Sept. 13, 1994, Pub.L. 103-322, Title XXXIII,
Sec. 330016(1)(H), 108 Stat. 2147; Oct. 11, 1996, Pub.L.
104-294, Title VI, Sec. 601(a)(12), 110 Stat. 3498.)
1257 Sec. 598. Coercion by means of relief appropriations.
Whoever uses any part of any appropriation made by
Congress for work relief, relief, or for increasing
employment by providing loans and grants for public-works
projects, or exercises or administers any authority
conferred by any Appropriation Act for the purpose of
interfering with, restraining, or coercing any individual in
the exercise of his right to vote at any election, shall be
fined under this title or imprisoned not more than one year,
or both. (June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13,
1994, Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(H), 108
Stat. 2147.)
1258 Sec. 599. Promise of appointment by candidate.
Whoever, being a candidate, directly or indirectly
promises or pledges the appointment, or the use of his
influence or support for the appointment of any person to
any public or private position or employment, for the
purpose of procuring support in his candidacy shall be fined
under this title or imprisoned not more than one year, or
both; and if the violation was willful, shall be fined under
this title or imprisoned not more than two years, or both.
(June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994,
Pub.L. 103-322, Sec. 330016(1)(H), (L), 108 Stat. 2147.)
1259 Sec. 600. Promise of employment or other benefit for
political activity.
Whoever, directly or indirectly, promises any
employment, position, compensation, contract, appointment,
or other benefit, provided for or made possible in whole or
in part by any Act of Congress, or any special consideration
in obtaining any such benefit, to any person as
consideration, favor, or reward for any political activity
or for the support of or opposition to any candidate or any
political party in connection with any general or special
election to any political office, or in connection with any
primary election or political convention or caucus held to
select candidates for any political office, shall be fined
under this title or imprisoned not more than one year, or
both. (June 25, 1948, ch. 645, 62 Stat. 721; Feb. 7, 1972,
Pub.L. 92-225, Sec. 202, 86 Stat 9; Oct. 2, 1976, Pub.L. 94-
453, Sec. 3, 90 Stat. 1517; Sept. 13, 1994, Pub.L. 103-322,
Sec. 330016(1)(L), 108 Stat. 2147.)
1260 Sec. 601. Deprivation of employment or other benefit for
political contribution.
(a) Whoever, directly or indirectly, knowingly causes or
attempts to cause any person to make a contribution of a
thing of value (including services) for the benefit of any
candidate or any political party, by means of the denial or
deprivation, or the threat of the denial or deprivation,
of--
(1) any employment, position, or work in or
for any agency or other entity of the Government
of the United States, a State, or
[[Page 937]]
a political subdivision of a State, or any
compensation or benefit of such employment,
position, or work; or
(2) any payment or benefit of a program of
the United States, a State, or a political
subdivision of a State;
if such employment, position, work, compensation, payment,
or benefit is provided for or made possible in whole or in
part by an Act of Congress, shall be fined under this title
or imprisoned not more than one year, or both.
(b) As used in this section--
(1) the term ``candidate'' means an
individual who seeks nomination for election, or
election, to Federal, State, or local office,
whether or not such individual is elected, and,
for purposes of this paragraph, an individual
shall be deemed to seek nomination for election,
or election, to Federal, State, or local office,
if he has (A) taken the action necessary under
the law of a State to qualify himself for
nomination for election, or election, or (B)
received contributions or made expenditures, or
has given his consent for any other person to
receive contributions or make expenditures, with
a view to bringing about his nomination for
election, or election, to such office;
(2) the term ``election'' means (A) a
general, special primary, or runoff election,
(B) a convention or caucus of political party
held to nominate a candidate, (C) a primary
election held for the selection of delegates to
a nominating convention of a political party,
(D) a primary election held for the expression
of a preference for the nomination of persons
for election to the office of President, and (E)
the election of delegates to a constitutional
convention for proposing amendments to the
Constitution of the United States or of any
State; and
(3) the term ``State'' means a State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, or any territory or
possession of the United States. (June 25, 1948,
ch. 645, 62 Stat. 721; Oct. 2, 1976, Pub.L. 94-
453, Sec. 1, 90 Stat. 1516; Sept. 13, 1994,
Pub.L. 103-322, Sec. 330016(1)(L), 108 Stat.
2147.)
1261 Sec. 602. Solicitation of political contributions.
(a) It shall be unlawful for--
(1) a candidate for the Congress;
(2) an individual elected to or serving in
the office of Senator or Representative in, or
Delegate or Resident Commissioner to, the
Congress;
(3) an officer or employee of the United
States or any department or agency thereof; or
(4) a person receiving any salary or
compensation for services from money derived
from the Treasury of the United States; to
knowingly solicit any contribution within the
meaning of section 301(8) of the Federal
Election Campaign Act of 1971 from any other
such officer, employee, or person. Any person
who violates this section shall be fined under
this title or imprisoned not more than 3 years,
or both.
(b) The prohibition in subsection (a) shall not apply to
any activity of an employee (as defined in section 7322(1)
of title 5) or any individual employed in or under the
United States Postal Service or the Postal Regulatory
Commission, unless that activity is prohibited by section
7323 or 7324 of such title. (June 25, 1948, ch. 645, 62
Stat. 722; Jan.
[[Page 938]]
8, 1980, Pub.L. 96-187, Title II, Sec. 201(a)(3), 93 Stat.
1367; Oct. 6, 1993, Pub.L. 103-94, Sec. 4(a), 107 Stat.
1004; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII,
Sec. 330016(1)(K), 108 Stat. 2147; Pub.L. 109-435, Title VI,
Sec. 604(f), Dec. 20, 2006, 120 Stat. 3242.)
1262 Sec. 603. Making political contributions.
(a) It shall be unlawful for an officer or employee of
the United States or any department or agency thereof, or a
person receiving any salary or compensation for services
from money derived from the Treasury of the United States,
to make any contribution within the meaning of section
301(8) of the Federal Election Campaign Act of 1971 to any
other such officer, employee or person or to any Senator or
Representative in, or Delegate or Resident Commissioner to,
the Congress, if the person receiving such contribution is
the employer or employing authority of the person making the
contribution. Any person who violates this section shall be
fined under this title or imprisoned not more than three
years, or both.
(b) For purposes of this section, a contribution to an
authorized committee as defined in section 302(e)(1) of the
Federal Election Campaign Act of 1971 shall be considered a
contribution to the individual who has authorized such
committee.
(c) The prohibition in subsection (a) shall not apply to
any activity of an employee (as defined in section 7322(1)
of title 5) or any individual employed in or under the
United States Postal Service or the Postal Regulatory
Commission, unless that activity is prohibited by section
7323 or 7324 of such title. (June 25, 1948, ch. 645, 62
Stat. 722; Oct. 31, 1951, ch. 655, Sec. 20(b), 65 Stat. 718;
Jan. 8, 1980, Pub.L. 96-187, Title II, Sec. 201(a)(4), 93
Stat. 1367; Oct. 6, 1993, Pub.L. 103-94, Sec. 7, 107 Stat.
1005; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII,
Sec. 330016(1)(K), 108 Stat. 2147; Pub.L. 109-435, Title VI,
Sec. 604(f), Dec. 20, 2006, 120 Stat. 3242.)
1263 Sec. 604. Solicitation from persons on relief.
Whoever solicits or receives or is in any manner
concerned in soliciting or receiving any assessment,
subscription, or contribution for any political purpose from
any person known by him to be entitled to, or receiving
compensation, employment, or other benefit provided for or
made possible by any Act of Congress appropriating funds for
work relief or relief purposes, shall be fined under this
title or imprisoned not more than one year, or both. (June
25, 1948, ch. 645, 62 Stat. 722, Pub.L. 103-322,
Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
1264 Sec. 605. Disclosure of names of persons on relief.
Whoever, for political purposes, furnishes or discloses
any list of names of persons receiving compensation,
employment or benefits provided for or made possible by any
Act of Congress appropriating, or authorizing the
appropriation of funds for work relief or relief purposes,
to a political candidate, committee, campaign manager, or to
any person for delivery to a political candidate, committee,
or campaign manager; and
Whoever receives any such list or names for political
purposes--
Shall be fined under this title or imprisoned not more
than one year, or both. (June 25, 1948, ch. 645, 62 Stat.
722, Pub.L. 103-322, Sec. 330016(1)(H), Sept. 13, 1994, 108
Stat. 2147.)
[[Page 939]]
1265 Sec. 606. Intimidation to secure political contributions.
Whoever, being one of the officers or employees of the
United States mentioned in section 602 of this title,
discharges, or promotes, or degrades, or in any manner
changes the official rank or compensation of any other
officer or employee, or promises or threatens so to do, for
giving or withholding or neglecting to make any contribution
of money or other valuable thing for any political purpose,
shall be fined under this title or imprisoned not more than
3 years, or both. (June 25, 1948, ch. 645, 62 Stat. 722;
Sept. 13, 1994, Pub.L. 103-322, Title XXXIII,
Sec. 330016(1)(K), 108 Stat. 2147.)
1266 Sec. 607. Place of solicitation.
(a) Prohibition--
(1) In general.--It shall be unlawful for
any person to solicit or receive a donation of
money or other thing of value in connection with
a Federal, State, or local election from a
person who is located in a room or building
occupied in the discharge of official duties by
an officer or employee of the United States. It
shall be unlawful for an individual who is an
officer or employee of the Federal Government,
including the President, Vice President, and
Members of Congress, to solicit or receive a
donation of money or other thing of value in
connection with a Federal, State, or local
election, while in any room or building occupied
in the discharge of official duties by an
officer or employee of the United States, from
any person.
(2) Penalty.--A person who violates this
section shall be fined not more than $5,000,
imprisoned not more than 3 years, or both.
(b) The prohibition in subsection (a) shall not apply to
the receipt of contributions by persons on the staff of a
Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress or Executive Office of the
President, provided, that such contributions have not been
solicited in any manner which directs the contributor to
mail or deliver a contribution to any room, building, or
other facility referred to in subsection (a), and provided
that such contributions are transferred within seven days of
receipt to a political committee within the meaning of
section 302(e) of the Federal Election Campaign Act of 1971.
(June 25, 1948, ch. 645, 62 Stat. 722; Jan. 8, 1980, Pub.L.
96-187, Title II, Sec. 201(a)(5), 93 Stat. 1367; Sept. 13,
1994, Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(K), 108
Stat. 2147; March 27, 2002, Pub.L. 107-155, Title III,
Sec. 302(1), 116 Stat. 96.)
Chapter 35.--EMBLEMS, INSIGNIA AND NAMES
1267 Sec. 713. Use of likenesses of the great seal of the United
States, the seals of the President and Vice President,
the seal of the United States Senate, the seal of the
United States House of Representatives, and the seal of
the United States Congress.
(a) Whoever knowingly displays any printed or other
likeness of the great seal of the United States, or of the
seals of the President or the Vice President of the United
States, or the seal of the United States Senate, or the seal
of the United States House of Representatives, or the seal
of the United States Congress, or any facsimile thereof, in,
or in connection with, any advertisement, poster, circular,
book, pamphlet, or other publication, public meeting, play,
motion picture, telecast,
[[Page 940]]
or other production, or on any building, monument, or
stationery, for the purpose of conveying, or in a manner
reasonably calculated to convey, a false impression of
sponsorship or approval by the Government of the United
States or by any department, agency, or instrumentality
thereof, shall be fined under this title or imprisoned not
more than six months, or both.
(b) Whoever, except as authorized under regulations
promulgated by the President and published in the Federal
Register, knowingly manufactures, reproduces, sells, or
purchases for resale, either separately or appended to any
article manufactured or sold, any likeness of the seals of
the President or Vice President, or any substantial part
thereof, except for manufacture or sale of the article for
the official use of the Government of the United States,
shall be fined under this title or imprisoned not more than
six months, or both.
(c) Whoever, except as directed by the United States
Senate, or the Secretary of the Senate on its behalf,
knowingly uses, manufactures, reproduces, sells or purchases
for resale, either separately or appended to any article
manufactured or sold, any likeness of the seal of the United
States Senate, or any substantial part thereof, except for
manufacture or sale of the article for the official use of
the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.
(d) Whoever, except as directed by the United States
House of Representatives, or the Clerk of the House of
Representatives on its behalf, knowingly uses, manufactures,
reproduces, sells or purchases for resale, either separately
or appended to any article manufactured or sold, any
likeness of the seal of the United States House of
Representatives, or any substantial part thereof, except for
manufacture or sale of the article for the official use of
the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.
(e) Whoever, except as directed by the United States
Congress, or the Secretary of the Senate and the Clerk of
the House of Representatives, acting jointly on its behalf,
knowingly uses, manufactures, reproduces, sells or purchases
for resale, either separately or appended to any article
manufactured or sold, any likeness of the seal of the United
States Congress, or any substantial part thereof, except for
manufacture or sale of the article for the official use of
the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.
(f) A violation of the provisions of this section may be
enjoined at the suit of the Attorney General,
(1) in the case of the great seal of the
United States and the seals of the President and
Vice President, upon complaint by any authorized
representative of any department or agency of
the United States;
(2) in the case of the seal of the United
States Senate, upon complaint by the Secretary
of the Senate;
(3) in the case of the seal of the United
States House of Representatives, upon complaint
by the Clerk of the House of Representatives;
and
(4) in the case of the seal of the United
States Congress, upon complaint by the Secretary
of the Senate and the Clerk of the House of
Representatives, acting jointly. (Added Pub.L.
89-807,
[[Page 941]]
Sec. 1(a), Nov. 11, 1966, 80 Stat. 1525, and
amended Pub.L. 91-651, Sec. 1, Jan. 5, 1971, 84
Stat. 1940; Pub.L. 102-229, Title II,
Sec. 210(a)-(d), Dec. 12, 1991, 105 Stat. 1717;
Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(E),
Sept. 13, 1994, 108 Stat. 2146; Pub.L. 105-55,
Title III, Sec. 308(a)-(d), Oct. 7, 1997, 111
Stat. 1198.)
Chapter 37.--ESPIONAGE AND CENSORSHIP
1268 Sec. 798. Disclosure of classified information.
(a) Whoever knowingly and willfully communicates,
furnishes, transmits, or otherwise makes available to an
unauthorized person, or publishes, or uses in any manner
prejudicial to the safety or interest of the United States
or for the benefit of any foreign government to the
detriment of the United States any classified information--
(1) concerning the nature, preparation, or
use of any code, cipher, or cryptographic system
of the United States or any foreign government;
or
(2) concerning the design, construction,
use, maintenance, or repair of any device,
apparatus, or appliance used or prepared or
planned for use by the United States or any
foreign government for cryptographic or
communication intelligence purposes; or
(3) concerning the communication
intelligence activities of the United States or
any foreign government; or
(4) obtained by the processes of
communication intelligence from the
communications of any foreign government,
knowing the same to have been obtained by such
processes--
Shall be fined under this title or
imprisoned not more than ten years, or both.
(b) As used in subsection (a) of this section--
The term ``classified information'' means
information which, at the time of a violation of
this section, is, for reasons of national
security, specifically designated by a United
States Government Agency for limited or
restricted dissemination or distribution;
The terms ``code,'' ``cipher,'' and
``cryptographic system'' include in their
meanings, in addition to their usual meanings,
any method of secret writing and any mechanical
or electrical device or method used for the
purpose of disguising or concealing the
contents, significance, or meanings of
communications;
The term ``foreign government'' includes in
its meaning any person or persons acting or
purporting to act for or on behalf of any
faction, party, department, agency, bureau, or
military force of or within a foreign country,
or for or on behalf of any government or any
person or persons purporting to act as a
government within a foreign country, whether or
not such government is recognized by the United
States;
The term ``communication intelligence''
means all procedures and methods used in the
interception of communications and the obtaining
of information from such communications by other
than the intended recipients;
The term ``unauthorized person'' means any
person who, or agency which, is not authorized
to receive information of the categories set
forth in subsection (a) of this section, by the
President, or by the head of a department of
agency of the United States Government
[[Page 942]]
which is expressly designated by the President
to engage in communication intelligence
activities for the United States.
(c) Nothing in this section shall prohibit the
furnishing, upon lawful demand, of information to any
regularly constituted committee of the Senate or House of
Representatives of the United States of America, or joint
committee thereof.
(d)(1) Any person convicted of a violation of this
section shall forfeit to the United States irrespective of
any provision of State law--
(A) any property constituting, or derived
from, any proceeds the person obtained, directly
or indirectly, as the result of such violation;
and
(B) any of the person's property used, or
intended to be used, in any manner or part, to
commit, or to facilitate the commission of, such
violation.
(2) The court, in imposing sentence on a defendant for a
conviction of a violation of this section, shall order that
the defendant forfeit to the United States all property
described in paragraph (1).
(3) Except as provided in paragraph (4), the provisions
of subsections (b), (c), and (e) through (p) of section 413
of the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 853(b), (c), and (e)-(p)), shall apply
to--
(A) property subject to forfeiture under
this subsection;
(B) any seizure or disposition of such
property; and
(C) any administrative or judicial
proceeding in relation to such property,
if not inconsistent with this subsection.
(4) Notwithstanding section 524(c) of title 28, there
shall be deposited in the Crime Victims Fund established
under section 1402 of the Victims of Crime Act of 1984 (42
U.S.C. 10601) all amounts from the forfeiture of property
under this subsection remaining after the payment of
expenses for forfeiture and sale authorized by law.
(5) As used in this subsection, the term ``State'' means
any State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, and any territory or
possession of the United States. (Added Oct. 31, 1951, ch.
655, Sec. 24(a), 65 Stat. 719, and amended Sept. 13, 1994,
Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(L), 108 Stat.
2147; Oct. 14, 1994, Pub.L. 103-359, Title VIII,
Sec. 804(a), 108 Stat. 3439; Oct. 11, 1996, Pub.L. 104-294,
Title VI, Sec. 602(c), 110 Stat. 3503.)
Chapter 73.--OBSTRUCTION OF JUSTICE
1269 Sec. 1505. Obstruction of proceedings before departments,
agencies, and committees.
Whoever, with intent to avoid, evade, prevent, or
obstruct compliance, in whole or in part, with any civil
investigative demand duly and properly made under the
Antitrust Civil Process Act, willfully withholds,
misrepresents, removes from any place, conceals, covers up,
destroys, mutilates, alters, or by other means falsifies any
documentary material, answers to written interrogatories, or
oral testimony, which is the subject of such demand; or
attempts to do so or solicits another to do so; or
Whoever corruptly, or by threats or force, or by any
threatening letter or communication influences, obstructs,
or impedes or endeavors to influence, obstruct, or impede
the due and proper administration of the
[[Page 943]]
law under which any pending proceeding is being had before
any department or agency of the United States, or the due
and proper exercise of the power of inquiry under which any
inquiry or investigation is being had by either House, or
any committee of either House or any joint committee of the
Congress--
Shall be fined under this title or
imprisoned not more than five years or, if the
offense involves international or domestic
terrorism (as defined in section 2331),
imprisoned not more than 8 years, or both. (June
25, 1948, ch. 645, 62 Stat. 770; Sept. 19, 1962,
Pub.L. 87-664, Sec. 6(a), 76 Stat. 551; Oct. 15,
1970, Pub.L. 91-452, Title IX, Sec. 903, 84
Stat. 947; Sept. 30, 1976, Pub.L. 94-435, Title
I, Sec. 105, 90 Stat. 1389; Oct. 12, 1982,
Pub.L. 97-291, Sec. 4(d), 96 Stat. 1253; Sept.
13, 1994, Pub.L. 103-322, Title XXXIII,
Sec. 330016(1)(K), 108 Stat. 2147; Pub.L. 108-
458, Title VI, Sec. 6703(a), Dec. 17, 2004, 118
Stat. 3766.)
Chapter 83.--POSTAL SERVICE
1270 Sec. 1719. Franking privilege.
Whoever makes use of any official envelope, label, or
indorsement authorized by law, to avoid the payment of
postage or registry fee on his private letter, packet,
package, or other matter in the mail, shall be fined under
this title. (June 25, 1948, ch. 645, 62 Stat. 783; Sept. 13,
1994, Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(F), 108
Stat. 2147.)
Chapter 93.--PUBLIC OFFICERS AND EMPLOYEES
1271 Sec. 1906. Disclosure of information from a bank examination
report.
Whoever, being an examiner, public or private, or a
Government Accountability Office employee with access to
bank examination report information under section 714 of
title 31, discloses the names of borrowers or the collateral
for loans of any member bank of the Federal Reserve System,
any bank insured by the Federal Deposit Insurance
Corporation, any branch or agency of a foreign bank (as such
terms are defined in paragraphs (1) and (3) of section 1(b)
of the International Banking Act of 1978), or any
organization operating under section 25 or section 25(a) of
the Federal Reserve Act, examined by him or subject to
Government Accountability Office audit under section 714 of
title 31 to other than the proper officers of such bank,
branch, agency, or organization, without first having
obtained the express permission in writing from the
Comptroller of the Currency as to a national bank or a
Federal branch or Federal agency (as such terms are defined
in paragraphs (5) and (6) of section 1(b) of the
International Banking Act of 1978), the Board of Governors
of the Federal Reserve System as to a State member bank, an
uninsured State branch or State agency (as such terms are
defined in paragraphs (11) and (12) of section 1(b) of the
International Banking Act of 1978), or an organization
operating under section 25 or section 25(a) of the Federal
Reserve Act, or the Federal Deposit Insurance Corporation as
to any other insured bank, including any insured branch (as
defined in section 3(s) of the Federal Deposit Insurance
Act), or from the board of directors of such bank or
organization, except when ordered to do so by a court of
competent jurisdiction, or by direction of the Congress of
the United States, or either House thereof, or any committee
of Congress or either House
[[Page 944]]
duly authorized or as authorized by section 714 of title 31
shall be fined under this title or imprisoned not more than
one year or both. (June 25, 1948, ch. 645, 62 Stat. 791;
July 21, 1978, Pub.L. 95-320, Sec. 3, 92 Stat. 393; Sept.
13, 1982, Pub.L. 97-258, Sec. 3(e)(1), 96 Stat. 1064; Nov.
29, 1990, Pub.L. 101-647, Title XXV, Sec. 2597(k), 104 Stat.
4911; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII,
Sec. 330016(1)(K), 108 Stat. 2147; Pub.L. 108-271,
Sec. 8(b), July 7, 2004, 118 Stat. 814.)
1272 Sec. 1913. Lobbying with appropriated moneys.
No part of the money appropriated by any enactment of
Congress shall, in the absence of express authorization by
Congress, be used directly or indirectly to pay for any
personal service, advertisement, telegram, telephone,
letter, printed or written matter, or other device, intended
or designed to influence in any manner a Member of Congress,
a jurisdiction, or an official of any government, adopt or
oppose, by vote or otherwise, any legislation, law,
ratification, policy, or appropriation, whether before or
after the introduction of any bill, measure, or resolution
proposing such legislation, law, ratification, policy, or
appropriation; but this shall not prevent officers or
employees of the United States or of its departments or
agencies from communicating to any such Member or official,
at his request or to Congress, or such official through the
proper official channels, requests for any legislation law,
ratification, policy, or appropriations which they deem
necessary for the efficient conduct of the public business,
or from making any communication whose prohibition by this
section might, in the opinion of the Attorney General,
violate the Constitution or interfere with the conduct of
foreign policy, counter-intelligence, intelligence, or
national security activities. Violations of this section
shall constitute violations of section 1352(a) of Title 31.
(June 25, 1948, ch. 645, 62 Stat. 792; Sept. 13, 1994,
Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(G), 108 Stat.
2147; Pub.L. 107-273, Div. A, Title II, Sec. 205 (b), Nov.
2, 2002, 116 Stat. 1778.)
1273 Sec. 1918. Disloyalty and asserting the right to strike
against the Government.
Whoever violates the provision of section 7311 of title
5 that an individual may not accept or hold a position in
the Government of the United States or the government of the
District of Columbia if he--
(1) advocates the overthrow of our
constitutional form of government;
(2) is a member of an organization that he
knows advocates the overthrow of our
constitutional form of government;
(3) participates in a strike, or asserts the
right to strike, against the Government of the
United States or the government of the District
of Columbia; or
(4) is a member of an organization of
employees of the Government of the United States
or of individuals employed by the government of
the District of Columbia that he knows asserts
the right to strike against the Government of
the United States or the government of the
District of Columbia;
shall be fined under this title or imprisoned not more than
one year and a day, or both. (Added Pub.L. 89-554,
Sec. 3(d), Sept. 6, 1966, 80 Stat. 609, and amended Pub.L.
104-294, Title VI, Sec. 601(a)(8), Oct. 11, 1996, 110 Stat.
3498.)
[[Page 945]]
Part V.--IMMUNITY OF WITNESSES
1274 Sec. 6001. Definitions.
As used in this chapter--
(1) ``agency of the United States'' means
any executive department as defined in section
101 of title 5, United States Code, a military
department as defined in section 102 of title 5,
United States Code, the Nuclear Regulatory
Commission, the Board of Governors of the
Federal Reserve System, the China Trade Act
registrar appointed under 53 Stat. 1432 (15
U.S.C. sec. 143), the Commodity Futures Trading
Commission, the Federal Communications
Commission, the Federal Deposit Insurance
Corporation, the Federal Maritime Commission,
the Federal Power Commission, the Federal Trade
Commission, the Surface Transportation Board,
the National Labor Relations Board, the National
Transportation Safety Board, the Railroad
Retirement Board, an arbitration board
established under 48 Stat. 1193 (45 U.S.C. sec.
157), the Securities and Exchange Commission, or
a board established under 49 Stat. 31 (15 U.S.C.
sec. 715d);
(2) ``other information'' includes any book,
paper, document, record, recording, or other
material;
(3) ``proceeding before an agency of the
United States'' means any proceeding before such
an agency with respect to which it is authorized
to issue subpoenas and to take testimony or
receive other information from witnesses under
oath; and
(4) ``court of the United States'' means any
of the following courts: the Supreme Court of
the United States, a United States court of
appeals, a United States district court
established under chapter 5, title 28, United
States Code, a United States bankruptcy court
established under chapter 6, title 28, United
States Code, the District of Columbia Court of
Appeals, the Superior Court of the District of
Columbia, the District Court of Guam, the
District Court of the Virgin Islands, the United
States Court of Federal Claims, the Tax Court of
the United States, the Court of International
Trade, and the Court of Appeals for the Armed
Forces. (Added Pub.L. 91-452, Title II,
Sec. 201(a), Oct. 15, 1970, 84 Stat. 926, and
amended Pub.L. 95-405, Sec. 25, Sept. 30, 1978,
92 Stat. 877; Pub.L. 95-598, Title III,
Sec. 314(l), Nov. 6, 1978, 92 Stat. 2678; Pub.L.
96-417, Title VI, Sec. 601(l), Oct. 10, 1980, 94
Stat. 1744; Pub.L. 97-164, Title I, Sec. 164(l),
Apr. 2, 1982, 96 Stat. 50; Pub.L. 102-550, Title
XV, Sec. 1543, Oct. 28, 1992, 106 Stat. 4069;
Pub.L. 103-272, Sec. 4(d), July 5, 1994, 108
Stat. 1361; Pub.L. 103-322, Title XXXIII,
Sec. 330013(2), (3), Sept. 13, 1994, 108 Stat.
2146; Pub.L. 103-337, Div. A, Title IX,
Sec. 924(d)(1)(B), Oct. 5, 1994, 108 Stat. 2832;
Pub.L. 104-88, Title III, Sec. 303(2), Dec. 29,
1995, 109 Stat. 943.)
1275 Sec. 6002. Immunity generally.
Whenever a witness refuses, on the basis of his
privilege against self-incrimination, to testify or provide
other information in a proceeding before or ancillary to--
(1) a court or grand jury of the United
States,
(2) an agency of the United States, or
(3) either House of Congress, a joint
committee of the two Houses, or a committee or a
subcommittee of either House,
[[Page 946]]
and the person presiding over the proceeding communicates to
the witness an order issued under this title, the witness
may not refuse to comply with the order on the basis of his
privilege against self-incrimination; but no testimony or
other information compelled under the order (or any
information directly or indirectly derived from such
testimony or other information) may be used against the
witness in any criminal case, except a prosecution for
perjury, giving a false statement, or otherwise failing to
comply with the order. (Added Pub.L. 91-452, Title II,
Sec. 201(a), Oct. 15, 1970, 84 Stat. 927, and amended Pub.L.
103-322, Title XXXIII, Sec. 330013(4), Sept. 13, 1994, 108
Stat. 2146.)
1276 Sec. 6005. Congressional proceedings.
(a) In the case of any individual who has been or may be
called to testify or provide other information at any
proceeding before or ancillary to either House of Congress,
or any committee, or any subcommittee of either House, or
any joint committee of the two Houses, a United States
district court shall issue, in accordance with subsection
(b) of this section, upon the request of a duly authorized
representative of the House of Congress or the committee
concerned, an order requiring such individual to give
testimony or provide other information which he refuses to
give or provide on the basis of his privilege against self-
incrimination, such order to become effective as provided in
section 6002 of this title.
(b) Before issuing an order under subsection (a) of this
section, a United States district court shall find that--
(1) in the case of a proceeding before or
ancillary to either Houses of Congress, the
request for such an order has been approved by
an affirmative vote of a majority of the Members
present of that House;
(2) in the case of a proceeding before or
ancillary to a committee or a subcommittee of
either House of Congress or a joint committee of
both Houses, the request for such an order has
been approved by an affirmative vote of two-
thirds of the members of the full committee; and
(3) ten days or more prior to the day on
which the request for such an order was made,
the Attorney General was served with notice of
an intention to request the order.
(c) Upon application of the Attorney General, the United
States district court shall defer the issuance of any order
under subsection (a) of this section for such period, not
longer than twenty days from the date of the request for
such order, as the Attorney General may specify.
(Added Pub.L. 91-452, Title II, Sec. 201(a), Oct. 15, 1970,
84 Stat. 928, and amended Pub.L. 103-322, Title XXXIII,
Sec. 330013(4), Sept. 13, 1994, 108 Stat. 2146; Pub.L. 104-
292, Sec. 5, Oct. 11, 1996, 110 Stat. 3460; Pub.L. 104-294,
Title VI, Sec. 605(o), Oct. 11, 1996, 110 Stat. 3510.)
19 u.s.c.--customs duties
general and permanent laws relating to the senate