    [United States Senate Manual, 106th Congress]
    [S. Doc. 106-1]
    [USCODETITLE]
    [Pages 687-708]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 687]]

                          TITLE 18.--CRIMES AND CRIMINAL PROCEDURE

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

           450
           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 688]]

                            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 689]]

                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
           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 690]]

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

           452
           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 691]]

                                (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 692]]

                    (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.)
           453
           453  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.)
           454
           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 693]]

                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 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

    [[Page 694]]

                concerned with the grant or contract certifies in writing
                that the national interest so requires and publishes such
                certification in the Federal Register.
                    (g) Noting 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.)

           455
           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
           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.)

    [[Page 695]]

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

           458
           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.
                    (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, 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, Title VII, Sec.  7074, Nov. 18, 1988, 102
                Stat. 4405; Pub. L. 103-322, Title XXXII, Sec.  320101(d),
                Title XXXIII, Secs.  330016(1)(K),

    [[Page 696]]

                (L), 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

           460
           460  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.)
           461
           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
           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.

    [[Page 697]]

                    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 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
         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

    [[Page 698]]

                    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.)
         462.3
         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 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.)
         462.4
         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)(H), (L), 108 Stat. 2147.)
         462.5
         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
         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--

    [[Page 699]]

                                (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
                                (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.)
         462.7
         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

    [[Page 700]]

                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
         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.)
         462.9
         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, Pub. L. 103-322,
                Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
        462.10
        462.10  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.)
        462.11
        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 de

    [[Page 701]]

                grades, 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
        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.)

                          Chapter 35.--EMBLEMS, INSIGNIA AND NAMES

        462.17
        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, 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, 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 Govern

    [[Page 702]]

                ment 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, 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

        462.19
        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

    [[Page 703]]

                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 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

    [[Page 704]]

                                (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

        462.20
        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 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, 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.)

    [[Page 705]]

                                 Chapter 83.--POSTAL SERVICE

           463
           463  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

         463.5
         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, 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 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 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 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.)
           464
           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

    [[Page 706]]

                not prevent officers or employees of the United States or of
                its departments or agencies from communicating to Members of
                Congress on the 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, 62 Stat. 792; Sept. 13,
                1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(G), 108
                Stat. 2147.)
         464.1
         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 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.)

                               Part V.--IMMUNITY OF WITNESSES

         465.1
         465.1  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);

    [[Page 707]]

                                (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.)
         465.2
         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 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.)

         465.3
         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 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

    [[Page 708]]

                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.)