[United States Senate Manual, 104th Congress]
[S. Doc. 104-1]
[USCODETITLE]
[Pages 658-678]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 658]]
 
                      TITLE 18.--CRIMES AND CRIMINAL PROCEDURE

            
               Chapter 11.--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

       450  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 659]]

                        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 660]]

            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.)
       451  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 661]]

                (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 General Accounting 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)(2), Oct. 29, 1992, 
                            106 Stat. 4516; Pub. L. 103-337, 
                            Sec. 924(d)(1), Oct. 5, 1994, 108 Stat. 
                            2832.)

       452  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 department, agency, court, court-martial, 
                    officer, or any civil, military, or naval 
                    commission; or

[[Page 662]]

                            (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,

            subject to approval by the Government official responsible 
            for appointment to his position.

[[Page 663]]

                (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 11, 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.)
       453  Sec. 204. Practice in United States Claims Court 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)(2), Oct. 29, 1992, 106 Stat. 
            4516.)
       454  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 matter in 
                    which the District of Columbia is a party or has a 
                    direct and substantial interest;

[[Page 664]]

            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) Nothing in subsection (a) or (b) prevents an officer 
            or employee, if not inconsistent with the faithful 
            performance of his duties, from acting without compensation 
            as agent or attorney for, or otherwise representing, any 
            person who is the subject of disciplinary, loyalty, or other 
            personnel administration proceedings in connection with 
            those proceedings.
                (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 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. (June 25, 
            1948, ch. 645, 62 Stat. 697; June 28, 1949, ch. 268, 
            Sec. 2(b), 63 Stat. 280; Oct. 23, 1962, Pub. L. 87-849, 76 
            Stat. 1122; 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.)

[[Page 665]]

       455  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.)
       456  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 not 
            more than $1,000 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.)


            
               Chapter 18.--CONGRESSIONAL, CABINET, AND SUPREME COURT 
                       ASSASSINATION, KIDNAPPING, AND ASSAULT

       458  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.

[[Page 666]]

                (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 for 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 official protected by this 
            section.
                (i) There is extraterritorial jurisdiction over the 
            conduct prohibited by this section. (Jan. 2, 1971, Pub. L. 
            91-644, Sec. 15, 84 Stat. 1891; Pub. L. 97-285, Secs. 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, Sec. 7074, 
            Nov. 18, 1988, 102 Stat. 4405; Pub. L. 103-322, 
            Secs. 320101, 330016, 330021, Sept. 13, 1994, 108 Stat. 
            2108, 2147, 2150.)


            
                               Chapter 23.--CONTRACTS

       460  Sec. 431. Contracts by Members 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.)

[[Page 667]]

       461  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.)
       462  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.
                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

            Sec. 591. (Repealed.)
   462.1-1
   462.1-1  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.)
   462.1-2
   462.1-2  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

[[Page 668]]

            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.)
     462.2  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
                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 not more than $10,000 or imprisoned not more 
            than two years, or both. (June 25, 1948, ch. 645, 62 Stat. 
            721.)
     462.3  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 Appropriations 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.)
     462.4  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)(L), 108 Stat. 2147.)

[[Page 669]]

     462.5  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.)
     462.6  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 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

[[Page 670]]

                        (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. (Oct. 2, 1976, Pub. 
                    L. 94-453, Sec. 1, 90 Stat. 1516; Sept. 13, 1994, 
                    Pub. L. 103-322, Sec. 330016(1)(K), 108 Stat. 2147.)
     462.7  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 Rate Commission, 
            unless that activity is prohibited by section 7323 or 7324 
            of such title. (June 25, 1948, Ch. 645, 62 Stat. 722; Jan. 
            8, 1980, Pub. L. 96-187, Title II, Sec. 201(a)(3), 93 Stat. 
            1367; Oct. 6, 1994, Pub. L. 103-94, Sec. 4, 107 Stat. 1004.)
     462.8  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 Rate 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.)

[[Page 671]]

     462.9  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.)
    462.10  Sec. 605. Disclosure of names of persons on relief.
                Whoever, for political purposes, furnishes or discloses 
            any list or 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.)

    462.11  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 
            three years, or both. (June 25, 1948, ch. 645, 62 Stat. 
            722.)
    462.12  Sec. 607. Place of solicitation.
                (a) It shall be unlawful for any person to solicit or 
            receive any contribution within the meaning of section 
            301(8) of the Federal Election Campaign Act of 1971 in any 
            room or building occupied in the discharge of official 
            duties by any person mentioned in section 603, or in any 
            navy yard, fort, or arsenal. Any person who violates this 
            section shall be fined under this title or imprisoned not 
            more than three 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, 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.)


[[Page 672]]


            
                      Chapter 35.--EMBLEMS, INSIGNIA AND NAMES

    462.17  Sec. 713. Use of likenesses of the great seal of the United 
                States, the seals of the President and Vice President, 
                and the seal of the United States Senate
                (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 any 
            facsimile thereof, in, or in connection with, any 
            advertisement, poster, circular, book, pamphlet, or other 
            publication, public meeting, play, motion picture, telecast, 
            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 not more than $250 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 not more than $250 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 not more 
            than $250 or imprisoned not more than six months, or both.
                (d) 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; and
                        (2) in the case of the seal of the United States 
                    Senate, upon complaint by the Secretary of the 
                    Senate. (Nov. 11, 1966, Pub. L. 89-807, Sec. 1(a), 
                    80 Stat. 1525; Jan. 5, 1971, Pub. L. 91-651, Sec. 1, 
                    84 Stat. 1940; Dec. 12, 1991, Pub. L. 102-229, title 
                    II, Sec. 210(a)-(d), 105 Stat. 1717.)

            
                        Chapter 37.--ESPIONAGE AND CENSORSHIP

    462.19  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--

[[Page 673]]

                        (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 devise 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 or agency 
            of the United States Government 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.

[[Page 674]]

                        (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, the 
                    Trust Territory of the Pacific Islands, and any 
                    territory or possession of the United States. (Oct. 
                    31, 1951, ch. 655, Sec. 24(a), 65 Stat. 719; Oct. 
                    14, 1994, Pub. L. 103-359, Sec. 804, 108 Stat. 
                    3439.)

            
                         Chapter 73.--OBSTRUCTION OF JUSTICE

    462.20  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 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 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, Sec. 903, 84 Stat. 947; 
            Sept. 30, 1976, Pub. L. 94-435, Sec. 105, 90 Stat. 1389; 
            Oct. 12, 1982, Pub. L. 97-291, Sec. 4(d), 76 Stat. 1253.)


[[Page 675]]


            
                             Chapter 83.--POSTAL SERVICE

       463  Sec. 1719. Franking privilege.
                Whoever makes use of any official envelope, label, or 
            endorsement 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, Sec. 1, 62 Stat. 783.)

            
                     Chapter 93.--PUBLIC OFFICERS AND EMPLOYEES

     463.5  Sec. 1906. Disclosure of information from a bank examination 
                report.
                Whoever, being an examiner, public or private, or a 
            General Accounting 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, or 
            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 General 
            Accounting 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 paragraph (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 paragraph (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 Insturance 
            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 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. (As amended 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. 4991.)
       464  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, 
            to favor or oppose, by vote or otherwise, any legislation or 
            appropriation by Congress, whether before or after the 
            introduction of any bill or resolution proposing such 
            legislation or appropriation; but this shall not prevent 
            officers or employees of the United States or of its 
            departments or agencies from communicating to Members of 
            Congress on the

[[Page 676]]

            request of any Member or to Congress, through the proper 
            official channels, requests for legislation or 
            appropriations which they deem necessary for the efficient 
            conduct of the public business.
                Whoever, being an officer or employee of the United 
            States or of any department or agency thereof, violates or 
            attempts to violate this section, shall be fined under this 
            title or imprisoned not more than one year, or both; and 
            after notice and hearing by the superior officer vested with 
            the power of removing him, shall be removed from office or 
            employment. (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 792.)

            Use of Appropriated Funds for Publicity Designed To Support 
                         or Defeat Legislation

                The Treasury, Postal Service, and General Government 
            Appropriation Act, 1973 (Pub. L. 92-351; 86 Stat. 488) 
            contains the following provision:
                ``Sec. 608. (a) No part of any appropriation contained 
            in this or any other Act, or of the funds available for 
            expenditure by any corporation or agency, shall be used for 
            publicity or propaganda purposes designed to support or 
            defeat legislation pending before Congress.''
     464.1  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 not more than $1,000 or imprisoned not more 
            than one year and a day, or both. (Sept. 6, 1966; Pub. L. 
            89-554, Sec. 3(d); 80 Stat. 609.)

            
                           Part V.--IMMUNITY OF WITNESSES

     465.1  Sec. 6001. Definitions.
                As used in this part--
                        (1) ``agency of the United States'' means any 
                    executive department as defined in section 101 of 
                    title 5, a military department as defined in section 
                    102 of title 5, 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 
                    Commodities 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 Interstate Commerce 
                    Commission, the National Labor Relations Board, the 
                    National Transpor-

[[Page 677]]

                    tation 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 
                    subpenas 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, 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. (Oct. 15, 
                    1970, Pub. L. 91-452, Sec. 201(a), 84 Stat. 926; 
                    Sept. 30, 1978, Pub. L. 95-405, Sec. 25, 92 Stat. 
                    877; Nov. 6, 1978, Pub. L. 95-598, Title III, 
                    Sec. 314l, 92 Stat. 2678; Oct. 10, 1980, Pub. L. 96-
                    417, Title VI, Sec. 601(1), 94 Stat. 1744; Pub. L. 
                    97-164, Title I, Sec. 164(1), Apr. 2, 1982, 96 Stat. 
                    50; Pub. L. 102-550, Title XV, Sec. 1543, Oct. 28, 
                    1992, 106 Stat. 4069; Oct. 29, 1992, Pub. L. 102-
                    572, Sec. 902(b)(1), 106 Stat. 4516; July 5, 1994, 
                    Pub. L. 103-272, Sec. 4(d), 108 Stat. 1361; Sept. 
                    13, 1994, Pub. L. 103-322, Sec. 330013, 108 Stat. 
                    2146; Oct. 5, 1994, Pub. L. 103-337, 
                    Sec. 924(d)(1)(B), 108 Stat. 2832.)
     465.2  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,

            and the person presiding over the proceeding communicates to 
            the witness an order issued under this part, 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. (Oct. 15, 1970, Pub. L. 91-452, 
            Sec. 201(a), 84 Stat. 927.)

     465.3  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 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

[[Page 678]]

            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 part.
                (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 either 
                    House 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 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. (Oct. 15, 
            1970, Pub. L. 91-452, Sec. 201(a), 84 Stat. 928.)