    [United States Senate Manual, 113th Congress]
    [S. Doc. 113-1]
    [USCODETITLE]
    [Pages 959-994]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 959]]

                          TITLE 18.--CRIMES AND CRIMINAL PROCEDURE

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

          1240  Sec. 201. Bribery of public officials and witnesses.
                    (a) For the purpose of this section--
                                (1) the term ``public official'' means
                            Member of Congress, Delegate, or Resident
                            Commissioner, either before or after such
                            official has qualified, or an officer or
                            employee or person acting for or on behalf of
                            the United States, or any department, agency or
                            branch of Government thereof, including the
                            District of Columbia, in any official function,
                            under or by authority of any such department,
                            agency, or branch of Government, or a juror;
                                (2) the term ``person who has been selected
                            to be a public official'' means any person who
                            has been nominated or appointed to be a public
                            official, or has been officially informed that
                            such person will be so nominated or appointed;
                            and
                                (3) the term ``official act'' means any
                            decision or action on any question, matter,
                            cause, suit, proceeding or controversy, which
                            may at any time be pending, or which may by law
                            be brought before any public official, in such
                            official's official capacity, or in such
                            official's place of trust or profit.
                    (b) Whoever--
                                (1) directly or indirectly, corruptly gives,
                            offers or promises anything of value to any
                            public official or person who has been selected
                            to be a public official, or offers or promises
                            any public official or any person who has been
                            selected to be a public official to give
                            anything of value to any other person or entity,
                            with intent--

                                    (A) to influence any official act; or

                                    (B) to influence such public official or
                                person who has been selected to be a public
                                official to commit or aid in committing, or
                                collude in, or allow, any fraud, or make
                                opportunity for the commission of any fraud,
                                on the United States; or

                                    (C) to induce such public official or
                                such person who has been selected to be a
                                public official to do or omit to do any act
                                in violation of the lawful duty of such
                                official or person;

                                (2) being a public official or person
                            selected to be a public official, directly or
                            indirectly, corruptly demands, seeks, receives,
                            accepts, or agrees to receive or accept anything
                            of value personally or for any other person or
                            entity, in return for--

                                    (A) being influenced in the performance
                                of any official act;

                                    (B) being influenced to commit or aid in
                                committing, or to collude in, or allow, any
                                fraud, or make opportunity for the
                                commission of any fraud, on the United
                                States; or

                                    (C) being induced to do or omit to do
                                any act in violation of the official duty of
                                such official or person;

                                (3) directly or indirectly, corruptly gives,
                            offers, or promises anything of value to any
                            person, or offers or promises such person

    [[Page 960]]

                            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 961]]

                proceeding, or in the case of expert witnesses, a reasonable
                fee for time spent in the preparation of such opinion, and
                in appearing and testifying.
                    (e) The offenses and penalties prescribed in this
                section are separate from and in addition to those
                prescribed in sections 1503, 1504, and 1505 of this title.
                (Oct. 23, 1962; Pub.L. 87-849, Sec. 1(a), 76 Stat. 1119, and
                amended Pub.L. 91-405, Title II, Sec. 204(d)(1), Sept. 22,
                1970, 84 Stat. 853; Pub.L. 99-646, Sec. 46(a), Nov. 10,
                1986, 100 Stat. 3601-3604; Sept. 13, 1994, Pub.L. 103-322,
                Sec. 330016(2)(D), 108 Stat. 2148.)
          1241  Sec. 202. Definitions.
                    (a) For the purpose of sections 203, 205, 207, 208, and
                209 of this title the term ``special Government employee''
                shall mean an officer or employee of the executive or
                legislative branch of the United States Government, of any
                independent agency of the United States or of the District
                of Columbia, who is retained, designated, appointed, or
                employed to perform, with or without compensation, for not
                to exceed one hundred and thirty days during any period of
                three hundred and sixty-five consecutive days, temporary
                duties either on a full-time or intermittent basis, or a
                part-time United States commissioner, a part-time United
                States magistrate, or, regardless of the number of days of
                appointment, an independent counsel appointed under chapter
                40 of title 28 and any person appointed by that independent
                counsel under section 594(c) of title 28. Notwithstanding
                the next preceding sentence, every person serving as a part-
                time local representative of a Member of Congress in the
                Member's home district or State shall be classified a
                special Government employee. Notwithstanding section 29 (c)
                and (d) of the Act of August 10, 1956 (70A Stat. 632; 5
                U.S.C. 30r (c) and (d)),\1\ a Reserve Officer of the Armed
                Forces, or an officer of the National Guard of the United
                States, unless otherwise an officer or employee of the
                United States, shall be classified as a special Government
                employee while on active duty solely for training. A Reserve
                officer of the Armed Forces or an officer of the National
                Guard of the United States who is voluntarily serving a
                period of extended active duty in excess of one hundred and
                thirty days shall be classified as an officer of the United
                States within the meaning of section 203 and sections 205
                through 209 and 218. A Reserve officer of the Armed Forces
                or an officer of the National Guard of the United States who
                is serving involuntarily shall be classified as a special
                Government employee. The terms ``officer or employee'' and
                ``special Government employee'' as used in sections 203,
                205, 207 through 209, and 218, shall not include enlisted
                members of the Armed Forces.
                    \1\ Section 30r (c) and (d) of title 5, United States
                    Code, is now contained in sections 502, 2105(d), and
                    5534 of that title.
                    (b) For the purposes of sections 205 and 207 of this
                title, the term ``official responsibility'' means the direct
                administrative or operating authority, whether intermediate
                or final, and either exercisable alone or with others, and
                either personally or through subordinates, to approve,
                disapprove, or otherwise direct Government action.
                    (c) Except as otherwise provided in such sections, the
                terms ``officer'' and ``employee'' in sections 203, 205, 207
                through 209, and 218 of this title shall not include the
                President, the Vice President, a Member of Congress, or a
                Federal judge.

    [[Page 962]]

                    (d) The term ``Member of Congress'' in sections 204 and
                207 means--
                                (1) A United States Senator; and
                                (2) a Representative in, or a Delegate or
                            Resident Commissioner to, the House of
                            Representatives.
                    (e) As used in this chapter, the term--
                                (1) ``executive branch'' includes each
                            executive agency as defined in title 5, and any
                            other entity or administrative unit in the
                            executive branch;
                                (2) ``judicial branch'' means the Supreme
                            Court of the United States; the United States
                            courts of appeals; the United States district
                            courts; the Court of International Trade; the
                            United States bankruptcy courts; any court
                            created pursuant to article I of the United
                            States Constitution, including the Court of
                            Appeals for the Armed Forces, the United States
                            Court of Federal Claims, and the United States
                            Tax Court, but not including a court of a
                            territory or possession of the United States;
                            the Federal Judicial Center, and any other
                            agency, office, or entity in the judicial
                            branch; and
                                (3) ``legislative branch'' means--

                                    (A) the Congress; and

                                    (B) the Office of the Architect of the
                                Capitol, the United States Botanic Garden,
                                the Government Accountability Office, the
                                Government Printing Office, the Library of
                                Congress, the Office of Technology
                                Assessment, the Congressional Budget Office,
                                the United States Capitol Police, and any
                                other agency, entity, office, or commission
                                established in the legislative branch. (June
                                25, 1948, ch. 645, Sec. 1, 62 Stat. 691;
                                Oct. 23, 1962, Pub.L. 87-849, 76 Stat. 1121;
                                Oct. 17, 1968, Pub.L. 90-578, Sec. 301(b),
                                82 Stat. 1115; Pub.L. 100-191, Sec. 3(a),
                                Dec. 15, 1987, 101 Stat. 1306; Pub.L. 101-
                                194, Title IV, Sec. 401, Nov. 30, 1989, 103
                                Stat. 1747; Pub.L. 101-280, Sec. 5(a), May
                                4, 1990, 104 Stat. 158; Pub.L. 102-572,
                                Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.
                                4516; Pub.L. 103-337, Sec. 924(d)(1), Oct.
                                5, 1994, 108 Stat. 2832; Pub.L. 108-271,
                                Sec. 8(b), July 7, 2004, 118 Stat. 814.)

          1242  Sec. 203. Compensation to Members of Congress, officers, and
                    others in matters affecting the Government.
                    (a) Whoever, otherwise than as provided by law for the
                proper discharge of official duties, directly or
                indirectly--
                                (1) demands, seeks, receives, accepts, or
                            agrees to receive or accept any compensation for
                            any representational services, as agent or
                            attorney or otherwise, services rendered or to
                            be rendered either personally or by another--

                                    (A) at a time when such person is a
                                Member of Congress, Member of Congress
                                Elect, Delegate, Delegate Elect, Resident
                                Commissioner, or Resident Commissioner
                                Elect; or

                                    (B) at a time when such person is an
                                officer or employee or Federal judge of the
                                United States in the executive, legislative,
                                or judicial branch of the Government, or in
                                any agency of the United States,

                        in relation to any proceeding, application, request
                        for a ruling or other determination, contract,
                        claim, controversy, charge, accusation, arrest, or
                        other particular matter in which the United States
                        is a party or has a direct and substantial interest,
                        before any depart

    [[Page 963]]

                        ment, agency, court, court-martial, officer, or any
                        civil, military, or naval commission; or
                                (2) knowingly gives, promises, or offers any
                            compensation for any such representational
                            services rendered or to be rendered at a time
                            when the person to whom the compensation is
                            given, promised, or offered, is or was such a
                            Member, Member Elect, Delegate, Delegate Elect,
                            Commissioner, Commissioner Elect, Federal judge,
                            officer, or employee;

                shall be subject to the penalties set forth in section 216
                of this title.

                    (b) Whoever, otherwise than as provided by law for the
                proper discharge of official duties, directly or
                indirectly--
                                (1) demands, seeks, receives, accepts, or
                            agrees to receive or accept any compensation for
                            any representational services, as agent or
                            attorney or otherwise, rendered or to be
                            rendered either personally or by another, at a
                            time when such person is an officer or employee
                            of the District of Columbia, in relation to any
                            proceeding, application, request for a ruling or
                            other determination, contract, claim,
                            controversy, charge, accusation, arrest, or
                            other particular matter in which the District of
                            Columbia is a party or has a direct and
                            substantial interest, before any department,
                            agency, court, officer, or commission; or
                                (2) knowingly gives, promises, or offers any
                            compensation for any such representational
                            services rendered or to be rendered at a time
                            when the person to whom the compensation is
                            given, promised, or offered, is or was an
                            officer or employee of the District of Columbia;

                shall be subject to the penalties set forth in section 216
                of this title.

                    (c) A special Government employee shall be subject to
                subsection (a) only in relation to a particular matter
                involving a specific party or parties--
                                (1) in which such employee has at any time
                            participated personally and substantially as a
                            Government employee or as a special Government
                            employee through decision, approval,
                            disapproval, recommendation, the rendering of
                            advice, investigation or otherwise; or
                                (2) which is pending in the department or
                            agency of the Government in which such employee
                            is serving except that paragraph (2) of this
                            subsection shall not apply in the case of a
                            special Government employee who has served in
                            such department or agency no more than sixty
                            days during the immediately preceding period of
                            three hundred and sixty-five consecutive days.
                    (d) Nothing in this section prevents an officer or
                employee, including a special Government employee, from
                acting, with or without compensation, as agent or attorney
                for or otherwise representing his parents, spouse, child, or
                any person for whom, or for any estate for which, he is
                serving as guardian, executor, administrator, trustee, or
                other personal fiduciary except--
                                (1) in those matters in which he has
                            participated personally and substantially as a
                            Government employee or as a special Government
                            employee through decision, approval,
                            disapproval, recommendation, the rendering of
                            advice, investigation, or otherwise; or
                                (2) in those matters that are the subject of
                            his official responsibility,

    [[Page 964]]

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

                    (e) Nothing in this section prevents a special
                Government employee from acting as agent or attorney for
                another person in the performance of work under a grant by,
                or a contract with or for the benefit of, the United States
                if the head of the department or agency concerned with the
                grant or contract certifies in writing that the national
                interest so requires and publishes such certification in the
                Federal Register.
                    (f) Nothing in this section prevents an individual from
                giving testimony under oath or from making statements
                required to be made under penalty of perjury. (Oct. 23,
                1962, Pub.L. 87-849, Sec. 1(a), 76 Stat. 1121, and amended
                Pub.L. 91-405, Title II, Sec. 204(d)(2), (3), Sept. 22,
                1970, 84 Stat. 853; Pub.L. 99-646, Sec. 47(a), Nov. 10,
                1986, 100 Stat. 3604, 3605; Pub.L. 101-194, Title IV,
                Sec. 402, Nov. 30, 1989, 103 Stat. 1748; Pub.L. 101-280,
                Sec. 5(b), May 4, 1990, 104 Stat. 159.)
          1243  Sec. 204. Practice in United States Court of Federal Claims
                    or the United States Court of Appeals for the Federal
                    Circuit by Members of Congress.
                    Whoever, being a Member of Congress or Member of
                Congress Elect, practices in the United States Court of
                Federal Claims or the United States Court of Appeals for the
                Federal Circuit shall be subject to the penalties set forth
                in section 216 of this title. (June 25, 1948, ch. 645, 62
                Stat. 697; Oct. 23, 1962; Pub.L. 87-849, 76 Stat. 1122;
                Sept. 22, 1970; Pub.L. 91-405, Sec. 204(d), 84 Stat. 853;
                Pub.L. 97-164, Sec. 147, Apr. 2, 1982, 96 Stat. 45; Pub.L.
                101-194, Title IV, Sec. 403, Nov. 30, 1989, 103 Stat. 1749;
                Pub.L. 102-572, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.
                4516.)
          1244  Sec. 205. Activities of officers and employees in claims
                    against and other matters affecting the Government.
                    (a) Whoever, being an officer or employee of the United
                States in the executive, legislative, or judicial branch of
                the Government or in any agency of the United States, other
                than in the proper discharge of his official duties--
                                (1) acts as agent or attorney for
                            prosecuting any claim against the United States,
                            or receives any gratuity, or any share of or
                            interest in any such claim, in consideration of
                            assistance in the prosecution of such claim; or
                                (2) acts as agent or attorney for anyone
                            before any department, agency, court, court-
                            martial, officer, or civil, military, or naval
                            commission in connection with any covered matter
                            in which the United States is a party or has a
                            direct and substantial interest;

                shall be subject to the penalties set forth in section 216
                of this title.

                    (b) Whoever, being an officer or employee of the
                District of Columbia or an officer or employee of the Office
                of the United States Attorney for the District of Columbia,
                otherwise than in the proper discharge of official duties--
                                (1) acts as agent or attorney for
                            prosecuting any claim against the District of
                            Columbia, or receives any gratuity, or any share
                            of or interest in any such claim in
                            consideration of assistance in the prosecution
                            of such claim; or
                                (2) acts as agent or attorney for anyone
                            before any department, agency, court, officer,
                            or commission in connection with any covered

    [[Page 965]]

                            matter in which the District of Columbia is a
                            party or has a direct and substantial interest;

                shall be subject to the penalties set forth in section 216
                of this title.

                    (c) A special Government employee shall be subject to
                subsections (a) and (b) only in relation to a covered matter
                involving a specific party or parties--
                                (1) in which he has at any time participated
                            personally and substantially as a Government
                            employee or special Government employee through
                            decision, approval, disapproval, recommendation,
                            the rendering of advice, investigation, or
                            otherwise; or
                                (2) which is pending in the department or
                            agency of the Government in which he is serving.

                Paragraph (2) shall not apply in the case of a special
                Government employee who has served in such department or
                agency no more than sixty days during the immediately
                preceding period of three hundred and sixty-five consecutive
                days.

                    (d)(1) Nothing in subsection (a) or (b) prevents an
                officer or employee, if not inconsistent with the faithful
                performance of that officer's or employee's duties, from
                acting without compensation as agent or attorney for, or
                otherwise representing--
                                (A) any person who is the subject of
                            disciplinary, loyalty, or other personnel
                            administration proceedings in connection with
                            those proceedings; or
                                (B) except as provided in paragraph (2), any
                            cooperative, voluntary, professional,
                            recreational, or similar organization or group
                            not established or operated for profit, if a
                            majority of the organization's or group's
                            members are current officers or employees of the
                            United States or of the District of Columbia, or
                            their spouses or dependent children.
                    (2) Paragraph (1)(B) does not apply with respect to a
                covered matter that--
                                (A) is a claim under subsection (a)(1) or
                            (b)(1);
                                (B) is a judicial or administrative
                            proceeding where the organization or group is a
                            party; or
                                (C) involves a grant, contract, or other
                            agreement (including a request for any such
                            grant, contract, or agreement) providing for the
                            disbursement of Federal funds to the
                            organization or group.
                    (e) Nothing in subsection (a) or (b) prevents an officer
                or employee, including a special Government employee, from
                acting, with or without compensation, as agent or attorney
                for, or otherwise representing, his parents, spouse, child,
                or any person for whom, or for any estate for which, he is
                serving as guardian, executor, administrator, trustee, or
                other personal fiduciary except--
                                (1) in those matters in which he has
                            participated personally and substantially as a
                            Government employee or special Government
                            employee through decision, approval,
                            disapproval, recommendation, the rendering of
                            advice, investigation, or otherwise, or
                                (2) in those matters which are the subject
                            of his official responsibility,

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

                    (f) Nothing in subsection (a) or (b) prevents a special
                Government employee from acting as agent or attorney for
                another person in the

    [[Page 966]]

                performance of work under a grant by, or a contract with or
                for the benefit of, the United States if the head of the
                department or agency concerned with the grant or contract
                certifies in writing that the national interest so requires
                and publishes such certification in the Federal Register.
                    (g) Nothing in this section prevents an officer or
                employee from giving testimony under oath or from making
                statements required to be made under penalty for perjury or
                contempt.
                    (h) For the purpose of this section, the term ``covered
                matter'' means any judicial or other proceeding,
                application, request for a ruling or other determination,
                contract, claim, controversy, investigation, charge,
                accusation, arrest, or other particular matter.
                    (i) Nothing in this section prevents an employee from
                acting pursuant to--
                                (1) chapter 71 of title 5;
                                (2) section 1004 or chapter 12 of title 39;
                                (3) section 3 of the Tennessee Valley
                            Authority Act of 1933 (16 U.S.C. 831b);
                                (4) chapter 10 of title I of the Foreign
                            Service Act of 1980 (22 U.S.C. 4104 et seq.); or
                                (5) any provision of any other Federal or
                            District of Columbia law that authorizes labor-
                            management relations between an agency or
                            instrumentality of the United States or the
                            District of Columbia and any labor organization
                            that represents its employees.

                (Added Pub.L. 87-849, Sec. 1(a), October 23, 1962, 76 Stat.
                1122, and amended Pub.L. 101-194, Title IV, Sec. 404, Nov.
                30, 1989, 103 Stat. 1750; Pub.L. 101-280, Sec. 5(c), May 4,
                1990, 104 Stat. 159; Pub.L. 104-177, Sec. 2, Aug. 6, 1996,
                110 Stat. 1563; Pub.L. 107-273, Div. B, Title IV, Sec.
                4002(a)(9), Nov. 2, 2002, 116 Stat. 1807.)

          1245  Sec. 207. Restrictions on former officers, employees, and
                    elected officials of the executive and legislative
                    branches.
                    (a) Restrictions on all officers and employees of the
                executive branch and certain other agencies--
                                (1) Permanent restrictions on representation
                            on particular matters.--Any person who is an
                            officer or employee (including any special
                            Government employee) of the executive branch of
                            the United States (including any independent
                            agency of the United States), or of the District
                            of Columbia, and who, after the termination of
                            his or her service or employment with the United
                            States or the District of Columbia, knowingly
                            makes, with the intent to influence, any
                            communication to or appearance before any
                            officer or employee of any department, agency,
                            court, or court-martial of the United States or
                            the District of Columbia, on behalf of any other
                            person (except the United States or the District
                            of Columbia) in connection with a particular
                            matter--

                                    (A) in which the United States or the
                                District of Columbia is a party or has a
                                direct and substantial interest,

                                    (B) in which the person participated
                                personally and substantially as such officer
                                or employee, and

                                    (C) which involved a specific party or
                                specific parties at the time of such
                                participation,

                        shall be punished as provided in section 216 of this
                        title.

    [[Page 967]]

                                (2) Two-year restrictions concerning
                            particular matters under official
                            responsibility.--Any person subject to the
                            restrictions contained in paragraph (1) who,
                            within 2 years after the termination of his or
                            her service or employment with the United States
                            or the District of Columbia, knowingly makes,
                            with the intent to influence, any communication
                            to or appearance before any officer or employee
                            of any department, agency, court, or court-
                            martial of the United States or the District of
                            Columbia, on behalf of any other person (except
                            the United States or the District of Columbia),
                            in connection with a particular matter--

                                    (A) in which the United States or the
                                District of Columbia is a party or has a
                                direct and substantial interest,

                                    (B) which such person knows or
                                reasonably should know was actually pending
                                under his or her official responsibility as
                                such officer or employee within a period of
                                1 year before the termination of his or her
                                service or employment with the United States
                                or the District of Columbia, and

                                    (C) which involved a specific party or
                                specific parties at the time it was so
                                pending,

                        shall be punished as provided in section 216 of this
                        title.
                                (3) Clarification of restrictions.--The
                            restrictions contained in paragraphs (1) and (2)
                            shall apply--

                                    (A) in the case of an officer or
                                employee of the executive branch of the
                                United States (including any independent
                                agency), only with respect to communications
                                to or appearances before any officer or
                                employee of any department, agency, court,
                                or court-martial of the United States on
                                behalf of any other person (except the
                                United States), and only with respect to a
                                matter in which the United States is a party
                                or has a direct and substantial interest;
                                and

                                    (B) in the case of an officer or
                                employee of the District of Columbia, only
                                with respect to communications to or
                                appearances before any officer or employee
                                of any department, agency or court of the
                                District of Columbia on behalf of any other
                                person (except the District of Columbia),
                                and only with respect to a matter in which
                                the District of Columbia is a party or has a
                                direct and substantial interest.

                    (b) One-year restrictions on aiding or advising--
                                (1) In general.--Any person who is a former
                            officer or employee of the executive branch of
                            the United States (including any independent
                            agency) and is subject to the restrictions
                            contained in subsection (a)(1), or any person
                            who is a former officer or employee of the
                            legislative branch or a former Member of
                            Congress, who personally and substantially
                            participated in any ongoing trade or treaty
                            negotiation on behalf of the United States
                            within the 1-year period preceding the date on
                            which his or her service or employment with the
                            United States terminated, and who had access to
                            information concerning such trade or treaty
                            negotiation which is exempt from disclosure
                            under section 552 of title 5, which is so
                            designated by the appropriate department or
                            agency, and which the person knew or should have
                            known was so designated, shall not, on the basis
                            of that information, knowingly represent, aid,
                            or advise any other person (except the United
                            States) concerning such ongoing

    [[Page 968]]

                            trade or treaty negotiation for a period of 1
                            year after his or her service or employment with
                            the United States terminates. Any person who
                            violates this subsection shall be punished as
                            provided in section 216 of this title.
                                (2) Definition.--For purposes of this
                            paragraph--

                                    (A) the term ``trade negotiation'' means
                                negotiations which the President determines
                                to undertake to enter into a trade agreement
                                pursuant to section 1102 of the Omnibus
                                Trade and Competitiveness Act of 1988, and
                                does not include any action taken before
                                that determination is made; and

                                    (B) the term ``treaty'' means an
                                international agreement made by the
                                President that requires the advice and
                                consent of the Senate.

                    (c) One-year restrictions on certain senior personnel of
                the executive branch and independent agencies--
                                (1) Restrictions.--In addition to the
                            restrictions set forth in subsections (a) and
                            (b), any person who is an officer or employee
                            (including any special Government employee) of
                            the executive branch of the United States
                            (including an independent agency), who is
                            referred to in paragraph (2), and who, within 1
                            year after the termination of his or her service
                            or employment as such officer or employee,
                            knowingly makes, with the intent to influence,
                            any communication to or appearance before any
                            officer or employee of the department or agency
                            in which such person served within 1 year before
                            such termination, on behalf of any other person
                            (except the United States), in connection with
                            any matter on which such person seeks official
                            action by any officer or employee of such
                            department or agency, shall be punished as
                            provided in section 216 of this title.
                                (2) Persons to whom restrictions apply--

                                    (A) Paragraph (1) shall apply to a
                                person (other than a person subject to the
                                restrictions of subsection (d))--

                                            (i) employed at a rate of pay
                                        specified in or fixed according to
                                        subchapter II of chapter 53 of title
                                        5,

                                            ``(ii) employed in a position
                                        which is not referred to in clause
                                        (i) and for which that person is
                                        paid at a rate of basic pay which is
                                        equal to or greater than 86.5
                                        percent of the rate of basic pay for
                                        level II of the Executive Schedule,
                                        or, for a period of 2 years
                                        following the enactment of the
                                        National Defense Authorization Act
                                        for Fiscal Year 2004, a person who,
                                        on the day prior to the enactment of
                                        that Act, was employed in a position
                                        which is not referred to in clause
                                        (i) and for which the rate of basic
                                        pay, exclusive of any locality-based
                                        pay adjustment under section 5304 or
                                        section 5304a of title 5, was equal
                                        to or greater than the rate of basic
                                        pay payable for level 5 of the
                                        Senior Executive Service on the day
                                        prior to the enactment of that
                                        Act,''.

                                            (iii) appointed by the President
                                        to a position under section
                                        105(a)(2)(B) of title 3 or by the
                                        Vice President to a position under
                                        section 106(a)(1)(B) of title 3, or

                                            (iv) employed in a position
                                        which is held by an active duty
                                        commissioned officer of the
                                        uniformed services who is serving in
                                        a grade or rank for which the pay
                                        grade (as

    [[Page 969]]

                                        specified in section 201 of title
                                        37) is pay grade O-7 or above; or

                                            (v) assigned from a private
                                        sector organization to an agency
                                        under chapter 37 of title 5.

                                    (B) Paragraph (1) shall not apply to a
                                special Government employee who serves less
                                than 60 days in the 1-year period before his
                                or her service or employment as such
                                employee terminates.

                                    (C) At the request of a department or
                                agency, the Director of the Office of
                                Government Ethics may waive the restrictions
                                contained in paragraph (1) with respect to
                                any position, or category of positions,
                                referred to in clause (ii) or (iv) of
                                subparagraph (A), in such department or
                                agency if the Director determines that--

                                            (i) the imposition of the
                                        restrictions with respect to such
                                        position or positions would create
                                        an undue hardship on the department
                                        or agency in obtaining qualified
                                        personnel to fill such position or
                                        positions, and

                                            (ii) granting the waiver would
                                        not create the potential for use of
                                        undue influence or unfair advantage.

                    (d) Restrictions on very senior personnel of the
                executive branch and independent agencies--
                                (1) Restrictions.--In addition to the
                            restrictions set forth in subsections (a) and
                            (b), any person who--

                                    (A) serves in the position of Vice
                                President of the United States,

                                    (B) is employed in a position in the
                                executive branch of the United States
                                (including any independent agency) at a rate
                                of pay payable for level I of the Executive
                                Schedule or employed in a position in the
                                Executive Office of the President at a rate
                                of pay payable for level II of the Executive
                                Schedule, or

                                    (C) is appointed by the President to a
                                position under section 105(a)(2)(A) of title
                                3 or by the Vice President to a position
                                under section 106(a)(1)(A) of title 3,

                        and who, within 2 years after the termination of
                        that person's service in that position, knowingly
                        makes, with the intent to influence, any
                        communication to or appearance before any person
                        described in paragraph (2), on behalf of any other
                        person (except the United States), in connection
                        with any matter on which such person seeks official
                        action by any officer or employee of the executive
                        branch of the United States, shall be punished as
                        provided in section 216 of this title.
                                (2) Persons who may not be contacted.--The
                            persons referred to in paragraph (1) with
                            respect to appearances or communications by a
                            person in a position described in subparagraph
                            (A), (B), or (C) of paragraph (1) are--

                                    (A) Any officer or employee of any
                                department or agency in which such person
                                served in such position within a period of 1
                                year before such person's service or
                                employment with the United States Government
                                terminated, and

                                    (B) any person appointed to a position
                                in the executive branch which is listed in
                                section 5312, 5313, 5314, 5315, or 5316 of
                                title 5.

    [[Page 970]]

                    (e) Restrictions on Members of Congress and officers and
                employees of the legislative branch--
                                (1) Members of Congress and elected officers
                            of the house--

                                    (A) Senators.--Any person who is a
                                Senator and who, within 2 years after that
                                person leaves office, knowingly makes, with
                                the intent to influence, any communication
                                to or appearance before any Member, officer,
                                or employee of either House of Congress or
                                any employee of any other legislative office
                                of the Congress, on behalf of any other
                                person (except the United States) in
                                connection with any matter on which such
                                former Senator seeks action by a Member,
                                officer, or employee of either House of
                                Congress, in his or her official capacity,
                                shall be punished as provided in section 216
                                of this title.

                                    (B) Members and officers of the House of
                                Representatives.--(i) Any person who is a
                                Member of the House of Representatives or an
                                elected officer of the House of
                                Representatives and who, within 1 year after
                                that person leaves office, knowingly makes,
                                with the intent to influence, any
                                communication to or appearance before any of
                                the persons described in clause (ii) or
                                (iii), on behalf of any other person (except
                                the United States) in connection with any
                                matter on which such former Member of
                                Congress or elected officer seeks action by
                                a Member, officer, or employee of either
                                House of Congress, in his or her official
                                capacity, shall be punished as provided in
                                section 216 of this title.

                                    (ii) The persons referred to in clause
                                (i) with respect to appearances or
                                communications by a former Member of the
                                House of Representatives are any Member,
                                officer, or employee of either House of
                                Congress and any employee of any other
                                legislative office of the Congress.

                                    (iii) The persons referred to in clause
                                (i) with respect to appearances or
                                communications by a former elected officer
                                are any Member, officer, or employee of the
                                House of Representatives.

                                (2) Officers and staff of the Senate.--Any
                            person who is an elected officer of the Senate,
                            or an employee of the Senate to whom paragraph
                            (7)(A) applies, and who, within 1 year after
                            that person leaves office or employment,
                            knowingly makes, with the intent to influence,
                            any communication to or appearance before any
                            Senator or any officer or employee of the
                            Senate, on behalf of any other person (except
                            the United States) in connection with any matter
                            on which such former elected officer or former
                            employee seeks action by a Senator or an officer
                            or employee of the Senate, in his or her
                            official capacity, shall be punished as provided
                            in section 216 of this title.
                                (3) Personal staff--

                                    (A) Any person who is an employee of a
                                Member of the House of Representatives to
                                whom paragraph (7)(A) applies and who,
                                within 1 year after the termination of that
                                employment, knowingly makes, with the intent
                                to influence, any communication to or
                                appearance before any of the persons
                                described in subparagraph (B), on behalf of
                                any other person (except the United States)
                                in connection with any matter on which such
                                former employee seeks action by a Member,
                                officer, or employee of

    [[Page 971]]

                                either House of Congress, in his or her
                                official capacity, shall be punished as
                                provided in section 216 of this title.

                                    (B) The persons referred to in
                                subparagraph (A) with respect to appearances
                                or communications by a person who is a
                                former employee are the following:

                                            (i) the Member of the House of
                                        Representatives for whom that person
                                        was an employee; and

                                            (ii) any employee of that Member
                                        of the House of Representatives.

                                (4) Committee staff.--Any person who is an
                            employee of a committee of the House of
                            Representatives, or an employee of a joint
                            committee of the Congress whose pay is disbursed
                            by the Clerk of the House of Representatives, to
                            whom paragraph (7)(A) applies and who, within 1
                            year after the termination of that person's
                            employment on such committee or joint committee
                            (as the case may be), knowingly makes, with the
                            intent to influence, any communication to or
                            appearance before any person who is a Member or
                            an employee of that committee or joint committee
                            (as the case may be) or who was a Member of the
                            committee or joint committee (as the case may
                            be) in the year immediately prior to the
                            termination of such person's employment by the
                            committee or joint committee (as the case may
                            be), on behalf of any other person (except the
                            United States) in connection with any matter on
                            which such former employee seeks action by a
                            Member, officer, or employee of either House of
                            Congress, in his or her official capacity, shall
                            be punished as provided in section 216 of this
                            title.
                                (5) Leadership staff.--(A) Any person who is
                            an employee on the leadership staff of the House
                            of Representatives to whom paragraph (7)(A)
                            applies and who, within 1 year after the
                            termination of that person's employment on such
                            staff, knowingly makes, with the intent to
                            influence, any communication to or appearance
                            before any of the persons described in
                            subparagraph (B), on behalf of any other person
                            (except the United States) in connection with
                            any matter on which such former employee seeks
                            action by a Member, officer, or employee of
                            either House of Congress, in his or her official
                            capacity, shall be punished as provided in
                            section 216 of this title.
                                (B) The persons referred to in subparagraph
                            (A) with respect to appearances or
                            communications by a former employee are any
                            Member of the leadership of the House of
                            Representatives and any employee on the
                            leadership staff of the House of
                            Representatives.
                                (6) Other legislative offices.--(A) Any
                            person who is an employee of any other
                            legislative office of the Congress to whom
                            paragraph (7)(B) applies and who, within 1 year
                            after the termination of that person's
                            employment in such office, knowingly makes, with
                            the intent to influence, any communication to or
                            appearance before any of the persons described
                            in subparagraph (B), on behalf of any other
                            person (except the United States) in connection
                            with any matter on which such former employee
                            seeks action by any officer or employee of such
                            office, in his or her official capacity, shall
                            be punished as provided in section 216 of this
                            title.
                                (B) The persons referred to in subparagraph
                            (A) with respect to appearances or
                            communications by a former employee are the em

    [[Page 972]]

                            ployees and officers of the former legislative
                            office of the Congress of the former employee.
                                (7) Limitation on restrictions.--(A) The
                            restrictions contained in paragraphs (2), (3),
                            (4), and (5) apply only to acts by a former
                            employee who, for at least 60 days, in the
                            aggregate, during the 1-year period before that
                            former employee's service as such employee
                            terminated, was paid a rate of basic pay equal
                            to or greater than an amount which is 75 percent
                            of the basic rate of pay payable for a Member of
                            the House of Congress in which such employee was
                            employed.
                                (B) The restrictions contained in paragraph
                            (6) apply only to acts by a former employee who,
                            for at least 60 days, in the aggregate, during
                            the 1-year period before that former employee's
                            service as such employee terminated, was
                            employed in a position for which the rate of
                            basic pay, exclusive of any locality-based pay
                            adjustment under section 5302 of title 5, is
                            equal to or greater than the basic rate of pay
                            payable for level IV of the Executive Schedule.
                                (8) Exception.--This subsection shall not
                            apply to contacts with the staff of the
                            Secretary of the Senate or the Clerk of the
                            House of Representatives regarding compliance
                            with lobbying disclosure requirements under the
                            Lobbying Disclosure Act of 1995.
                                (9) Definitions.--As used in this
                            subsection--

                                    (A) the term ``committee of Congress''
                                includes standing committees, joint
                                committees, and select committees;

                                    (B) a person is an employee of a House
                                of Congress if that person is an employee of
                                the Senate or an employee of the House of
                                Representatives;

                                    (C) the term ``employee of the House of
                                Representatives'' means an employee of a
                                Member of the House of Representatives, an
                                employee of a committee of the House of
                                Representatives, an employee of a joint
                                committee of the Congress whose pay is
                                disbursed by the Clerk of the House of
                                Representatives, and an employee on the
                                leadership staff of the House of
                                Representatives;

                                    (D) the term ``employee of the Senate''
                                means an employee of a Senator, an employee
                                of a committee of the Senate, an employee of
                                a joint committee of the Congress whose pay
                                is disbursed by the Secretary of the Senate,
                                and an employee on the leadership staff of
                                the Senate;

                                    (E) a person is an employee of a Member
                                of the House of Representatives if that
                                person is an employee of a Member of the
                                House of Representatives under the clerk
                                hire allowance;

                                    (F) a person is an employee of a Senator
                                if that person is an employee in a position
                                in the office of a Senator;

                                    (G) the term ``employee of any other
                                legislative office of the Congress'' means
                                an officer or employee of the Architect of
                                the Capitol, the United States Botanic
                                Garden, the Government Accountability
                                Office, the Government Printing Office, the
                                Library of Congress, the Office of
                                Technology Assessment, the Congressional
                                Budget Office, the United States Capitol
                                Police, and any other agency, entity, or
                                office in the legislative branch not covered
                                by paragraph (1), (2), (3), (4), or (5) of
                                this subsection;

    [[Page 973]]

                                    (H) the term ``employee on the
                                leadership staff of the House of
                                Representatives'' means an employee of the
                                office of a Member of the leadership of the
                                House of Representatives described in
                                subparagraph (L), and any elected minority
                                employee of the House of Representatives;

                                    (I) the term ``employee on the
                                leadership staff of the Senate'' means an
                                employee of the office of a Member of the
                                leadership of the Senate described in
                                subparagraph (M);

                                    (J) the term ``Member of Congress''
                                means a Senator or a Member of the House of
                                Representatives;

                                    (K) the term ``Member of the House of
                                Representatives'' means a Representative in,
                                or a Delegate or Resident Commissioner to,
                                the Congress;

                                    (L) the term ``Member of the leadership
                                of the House of Representatives'' means the
                                Speaker, majority leader, minority leader,
                                majority whip, minority whip, chief deputy
                                majority whip, chief deputy minority whip,
                                chairman of the Democratic Steering
                                Committee, chairman and vice chairman of the
                                Democratic Caucus, chairman, vice chairman,
                                and secretary of the Republican Conference,
                                chairman of the Republican Research
                                Committee, and chairman of the Republican
                                Policy Committee, of the House of
                                Representatives (or any similar position
                                created on or after the effective date set
                                forth in section 102(a) of the Ethics Reform
                                Act of 1989);

                                    (M) the term ``Member of the leadership
                                of the Senate'' means the Vice President,
                                and the President pro tempore, Deputy
                                President pro tempore, majority leader,
                                minority leader, majority whip, minority
                                whip, chairman and secretary of the
                                Conference of the Majority, chairman and
                                secretary of the Conference of the Minority,
                                chairman and co-chairman of the Majority
                                Policy Committee, and chairman of the
                                Minority Policy Committee, of the Senate (or
                                any similar position created on or after the
                                effective date set forth in section 102(a)
                                of the Ethics Reform Act of 1989).

                    (f) Restrictions relating to foreign entities--
                                (1) Restrictions.--Any person who is subject
                            to the restrictions contained in subsection (c),
                            (d), or (e) and who knowingly, within 1 year
                            after leaving the position, office, or
                            employment referred to in such subsection--

                                    (A) represents a foreign entity before
                                any officer or employee of any department or
                                agency of the United States with the intent
                                to influence a decision of such officer or
                                employee in carrying out his or her official
                                duties, or

                                    (B) aids or advises a foreign entity
                                with the intent to influence a decision of
                                any officer or employee of any department or
                                agency of the United States, in carrying out
                                his or her official duties,

                        shall be punished as provided in section 216 of this
                        title.
                                (2) Special rule for Trade Representative.--
                            With respect to a person who is the United
                            States Trade Representative or Deputy United
                            States Trade Representative, the restrictions
                            described in paragraph (1) shall apply to
                            representing, aiding, or advising foreign
                            entities at any time after the termination of
                            that person's service as the United States Trade
                            Representative.

    [[Page 974]]

                                (3) Definition.--For purposes of this
                            subsection, the term ``foreign entity'' means
                            the government of a foreign country as defined
                            in section 1(e) of the Foreign Agents
                            Registration Act of 1938, as amended, or a
                            foreign political party as defined in section
                            1(f) of that Act.
                    (g) Special rules for detailees.--For purposes of this
                section, a person who is detailed from one department,
                agency, or other entity to another department, agency, or
                other entity shall, during the period such person is
                detailed, be deemed to be an officer or employee of both
                departments, agencies, or such entities.
                    (h) Designations of separate statutory agencies and
                bureaus--
                                (1) Designations.--For purposes of
                            subsection (c) and except as provided in
                            paragraph (2), whenever the Director of the
                            Office of Government Ethics determines that an
                            agency or bureau within a department or agency
                            in the executive branch exercises functions
                            which are distinct and separate from the
                            remaining functions of the department or agency
                            and that there exists no potential for use of
                            undue influence or unfair advantage based on
                            past Government service, the Director shall by
                            rule designate such agency or bureau as a
                            separate department or agency. On an annual
                            basis, the Director of the Office of Government
                            Ethics shall review the designations and
                            determinations made under this subparagraph and,
                            in consultation with the department or agency
                            concerned, make such additions and deletions as
                            are necessary. Departments and agencies shall
                            cooperate to the fullest extent with the
                            Director of the Office of Government Ethics in
                            the exercise of his or her responsibilities
                            under this paragraph.

                                    (2) Inapplicability of designations.--No
                                agency or bureau within the Executive Office
                                of the President may be designated under
                                paragraph (1) as a separate department or
                                agency. No designation under paragraph (1)
                                shall apply to persons referred to in
                                subsection (c)(2)(A)(i) or (iii).

                    (i) Definitions.--For purposes of this section--
                                (1) the term ``officer or employee'', when
                            used to describe the person to whom a
                            communication is made or before whom an
                            appearance is made, with the intent to
                            influence, shall include--

                                    (A) in subsection (a), (c), and (d), the
                                President and the Vice President; and

                                    (B) in subsection (f), the President,
                                the Vice President, and Members of Congress;

                                (2) the term ``participated'' means an
                            action taken as an officer or employee through
                            decision, approval, disapproval, recommendation,
                            the rendering of advice, investigation, or other
                            such action; and
                                (3) the term ``particular matter'' includes
                            any investigation, application, request for a
                            ruling or determination, rulemaking, contract,
                            controversy, claim, charge, accusation, arrest,
                            or judicial or other proceeding.
                    (j) Exceptions--
                                (1) Official government duties--

                                    (A) In General.--The restrictions
                                contained in this section shall not apply to
                                acts done in carrying out official duties on

    [[Page 975]]

                                behalf of the United States or the District
                                of Columbia or as an elected official of a
                                State or local government.

                                    (B) Tribal organizations and inter-
                                tribal consortiums.--The restrictions
                                contained in this section shall not apply to
                                acts authorized by section 104(j) of the
                                Indian Self-Determination and Education
                                Assistance Act (25 U.S.C. 450i(j)).

                                (2) State and local governments and
                            institutions, hospitals, and organizations.--The
                            restrictions contained in subsections (c), (d),
                            and (e) shall not apply to acts done in carrying
                            out official duties as an employee of--

                                    (A) an agency or instrumentality of a
                                State or local government if the appearance,
                                communication, or representation is on
                                behalf of such government, or

                                    (B) an accredited, degree-granting
                                institution of higher education, as defined
                                in section 101 of the Higher Education Act
                                of 1965 [20 U.S.C.A. Sec. 1001], or a
                                hospital or medical research organization,
                                exempted and defined under section 501(c)(3)
                                of the Internal Revenue Code of 1986 [26
                                U.S.C.A. Sec. 501(c)(3)], if the appearance,
                                communication, or representation is on
                                behalf of such institution, hospital, or
                                organization.

                                (3) International organizations.--The
                            restrictions contained in this section shall not
                            apply to an appearance or communication on
                            behalf of, or advice or aid to, an international
                            organization in which the United States
                            participates, if the Secretary of State
                            certifies in advance that such activity is in
                            the interests of the United States.
                                (4) Special knowledge.--The restrictions
                            contained in subsections (c), (d), and (e) shall
                            not prevent an individual from making or
                            providing a statement, which is based on the
                            individual's own special knowledge in the
                            particular area that is the subject of the
                            statement, if no compensation is thereby
                            received.
                                (5) Exception for scientific or
                            technological information.--The restrictions
                            contained in subsections (a), (c), and (d) shall
                            not apply with respect to the making of
                            communications solely for the purpose of
                            furnishing scientific or technological
                            information, if such communications are made
                            under procedures acceptable to the department or
                            agency concerned or if the head of the
                            department or agency concerned with the
                            particular matter, in consultation with the
                            Director of the Office of Government Ethics,
                            makes a certification, published in the Federal
                            Register, that the former officer or employee
                            has outstanding qualifications in a scientific,
                            technological, or other technical discipline,
                            and is acting with respect to a particular
                            matter which requires such qualifications, and
                            that the national interest would be served by
                            the participation of the former officer or
                            employee. For purposes of this paragraph, the
                            term ``officer or employee'' includes the Vice
                            President.
                                (6) Exception for testimony.--Nothing in
                            this section shall prevent an individual from
                            giving testimony under oath, or from making
                            statements required to be made under penalty of
                            perjury. Notwithstanding the preceding
                            sentence--

                                    (A) a former officer or employee of the
                                executive branch of the United States
                                (including any independent agency) who is
                                subject to the restrictions contained in
                                subsection (a)(1) with respect to a
                                particular matter may not, except pursuant
                                to court

    [[Page 976]]

                                order, serve as an expert witness or any
                                other person (except the United States) in
                                that matter; and

                                    (B) a former officer or employee of the
                                District of Columbia who is subject to the
                                restrictions contained in subsection (a)(1)
                                with respect to a particular matter may not,
                                except pursuant to court order, serve as an
                                expert witness for any other person (except
                                the District of Columbia) in that matter.

                                (7) Political parties and campaign
                            committees--

                                    (A) Except as provided in subparagraph
                                (B), the restrictions contained in
                                subsections (c), (d), and (e) shall not
                                apply to a communication or appearance made
                                solely on behalf of a candidate in his or
                                her capacity as a candidate, an authorized
                                committee, a national committee, a national
                                Federal campaign committee, a State
                                committee, or a political party.

                                    (B) Subparagraph (A) shall not apply
                                to--

                                            (i) any communication to, or
                                        appearance before, the Federal
                                        Election Commission by a former
                                        officer or employee of the Federal
                                        Election Commission; or

                                            (ii) a communication or
                                        appearance made by a person who is
                                        subject to the restrictions
                                        contained in subsections\1\ (c),
                                        (d), or (e) if, at the time of the
                                        communication or appearance, the
                                        person is employed by a person or
                                        entity other than--

                    \1\ So in original. Probably should be ``subsection''.
                                                    (I) a candidate, an
                                                authorized committee, a
                                                national committee, a
                                                national Federal campaign
                                                committee, a State
                                                committee, or a political
                                                party; or
                                                    (II) a person or entity
                                                who represents, aids, or
                                                advises only persons or
                                                entities described in
                                                subclause (I).

                                    (C) For purposes of this paragraph--

                                            (i) the term ``candidate'' means
                                        any person who seeks nomination for
                                        election, or election, to Federal or
                                        State office or who has authorized
                                        others to explore on his or her
                                        behalf the possibility of seeking
                                        nomination for election, or
                                        election, to Federal or State
                                        office;

                                            (ii) the term ``authorized
                                        committee'' means any political
                                        committee designated in writing by a
                                        candidate as authorized to receive
                                        contributions or make expenditures
                                        to promote the nomination for
                                        election, or the election, of such
                                        candidate, or to explore the
                                        possibility of seeking nomination
                                        for election, or the election of
                                        such, candidate except that a
                                        political committee that receives
                                        contributions or makes expenditures
                                        to promote more than 1 candidate may
                                        not be designated as an authorized
                                        committee for purposes of
                                        subparagraph (A);

                                            (iii) the term ``national
                                        committee'' means the organization
                                        which, by virtue of the bylaws of a
                                        political party, is responsible for
                                        the day-to-day operation of such
                                        political party at the national
                                        level;

                                            (iv) the term ``national Federal
                                        campaign committee'' means an
                                        organization that, by virtue of the
                                        bylaws of a political party, is
                                        established primarily for the
                                        purpose of providing assistance, at
                                        the national level, to candidates

    [[Page 977]]

                                        nominated by that party for election
                                        to the office of Senator or
                                        Representative in, or Delegate or
                                        Resident Commissioner to, the
                                        Congress;

                                            (v) the term ``State committee''
                                        means the organization which, by
                                        virtue of the bylaws of a political
                                        party, is responsible for the day-
                                        to-day operation of such political
                                        party at the State level;

                                            (vi) the term ``political
                                        party'' means an association,
                                        committee, or organization that
                                        nominates a candidate for election
                                        to any Federal or State elected
                                        office whose name appears on the
                                        election ballot as the candidate of
                                        such association, committee, or
                                        organization; and

                                            (vii) the term ``State'' means a
                                        State of the United States, the
                                        District of Columbia, the
                                        Commonwealth of Puerto Rico, and any
                                        territory or possession of the
                                        United States.

                    (k)(1)(A) The President may grant a waiver of a
                restriction imposed by this section to any officer or
                employee described in paragraph (2) if the President
                determines and certifies in writing that it is in the public
                interest to grant the waiver and that the services of the
                officer or employee are critically needed for the benefit of
                the Federal Government. Not more than 25 officers and
                employees currently employed by the Federal Government at
                any one time may have been granted waivers under this
                paragraph.
                    (B)(i) A waiver granted under this paragraph to any
                person shall apply only with respect to activities engaged
                in by that person after that person's Federal Government
                employment is terminated and only to that person's
                employment at a Government-owned, contractor operated entity
                with which the person served as an officer or employee
                immediately before the person's Federal Government
                employment began.
                    (ii) Notwithstanding clause (i), a waiver granted under
                this paragraph to any person who was an officer or employee
                of Lawrence Livermore National Laboratory, Los Alamos
                National Laboratory, or Sandia National Laboratory
                immediately before the person's Federal Government
                employment began shall apply to that person's employment by
                any such national laboratory after the person's employment
                by the Federal Government is terminated.
                    (2) Waivers under paragraph (1) may be granted only to
                civilian officers and employees of the executive branch,
                other than officers and employees in the Executive Office of
                the President.
                    (3) A certification under paragraph (1) shall take
                effect upon its publication in the Federal Register and
                shall identify--
                                (A) the officer or employee covered by the
                            waiver by name and by position, and
                                (B) the reasons for granting the waiver.

                                    A copy of the certification shall also
                                be provided to the Director of the Office of
                                Government Ethics.

                    (4) The President may not delegate the authority
                provided by this subsection.
                    (5)(A) Each person granted a waiver under this
                subsection shall prepare reports, in accordance with
                subparagraph (B), stating whether the person has engaged in
                activities otherwise prohibited by this section for each
                six-month period described in subparagraph (B), and if so,
                what those activities were.

    [[Page 978]]

                    (B) A report under subparagraph (A) shall cover each
                six-month period beginning on the date of the termination of
                the person's Federal Government employment (with respect to
                which the waiver under this subsection was granted) and
                ending two years after that date. Such report shall be filed
                with the President and the Director of the Office of
                Government Ethics not later than 60 days after the end of
                the six-month period covered by the report. All reports
                filed with the Director under this paragraph shall be made
                available for public inspection and copying.
                    (C) If a person fails to file any report in accordance
                with subparagraphs (A) and (B), the President shall revoke
                the waiver and shall notify the person of the revocation.
                The revocation shall take effect upon the person's receipt
                of the notification and shall remain in effect until the
                report is filed.
                    (D) Any person who is granted a waiver under this
                subsection shall be ineligible for appointment in the civil
                service unless all reports required of such person by
                subparagraphs (A) and (B) have been filed.
                    (E) As used in this subsection, the term ``civil
                service'' has the meaning given that term in section 2101 of
                title 5.
                    (l) Contract Advice by Former Details.--Whoever, being
                an employee of a private sector organization assigned to an
                agency under chapter 37 of title 5, within one year after
                the end of that assignment, knowingly represents or aids,
                counsels, or assists in representing any other person
                (except the United States) in connection with any contract
                with that agency shall be punished as provided in section
                216 of this title. (Added Pub.L. 87-849, Sec. 1(a), Oct. 23,
                1962, 76 Stat. 1123, and amended Pub.L. 95-521, Title V,
                Sec. 501(a), Oct. 26, 1978, 92 Stat. 1864; Pub.L. 96-28,
                Sec. Sec. 1, 2, June 22, 1979, 93 Stat. 76; Pub.L. 101-189,
                Div. A, Title VIII, Sec. 814(d)(2), Nov. 29, 1989, 103 Stat.
                1499; Pub.L. 101-194, Title I, Sec. 101(a), Nov. 30, 1989,
                103 Stat. 1716; Pub.L. 101-280, Sec. Sec. 2(a), 5(d), May 4,
                1990, 104 Stat. 149, 159; Pub.L. 101-509, Title V, Sec. 529
                [Title I, Sec. 101(b)(8)(A)], Nov. 5, 1990, 104 Stat. 440;
                Pub.L. 102-25, Title VII, Sec. 705(a), Apr. 6, 1991, 105
                Stat. 120; Pub.L. 102-190, Div. B, Title XXXI, Sec. 3138(a),
                Dec. 5, 1991, 105 Stat. 1579; Pub.L. 102-395, Title VI,
                Sec. 609(a), Oct. 6, 1992, 106 Stat. 1873; Pub.L. 103-322,
                Title XXXIII, Sec. Sec. 330002(i), 330010(15), Sept. 13,
                1994, 108 Stat. 2140, 2144; Pub.L. 104-65, Sec. 21(a), Dec.
                19, 1995, 109 Stat. 704; Pub.L. 104-179, Sec. Sec. 5, 6,
                Aug. 6, 1996, 110 Stat. 1567, 1568; Pub.L. 104-208, Div. A,
                Title I, Sec. 101(f) [Title VI, Sec. 635], Sept. 30, 1996,
                110 Stat. 3009-363; Pub.L. 105-244, Title I, Sec. 102(a)(5),
                Oct. 7, 1998, 112 Stat. 1618; Pub.L. 107-347, Title II, Sec.
                209(d)(1), (3), Dec. 17, 2002, 116 Stat. 2930; Pub.L. 108-
                136, Sec. 1125(b)(1), Nov. 24, 2003, 117 Stat. 1639; Pub.L.
                108-271 Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub.L. 110-
                81, Title I, Sec. Sec. 101, 104(a), Sept. 14, 2007, 121
                Stat. 736, 740.)
          1246

                Sec. 210. Offer to procure appointive public office.
                    Whoever pays or offers or promises any money or thing of
                value, to any person, firm, or corporation in consideration
                of the use or promise to use any influence to procure any
                appointive office or place under the United States for any
                person, shall be fined under this title or imprisoned not
                more than one year, or both. (June 25, 1948, ch. 645,
                Sec. 1, 62 Stat. 694; Oct. 23, 1962, Pub.L. 87-849,
                Sec. 1(b), 76 Stat. 1125; Sept. 13, 1994, Pub.L. 103-322,
                Sec. 330016 (1)(H), 108 Stat. 2147.)

    [[Page 979]]

          1247  Sec. 211. Acceptance or solicitation to obtain appointive
                    public office.
                    Whoever solicits or receives, either as a political
                contribution, or for personal emolument, any money or thing
                of value, in consideration of the promise of support or use
                of influence in obtaining for any person any appointive
                office or place under the United States, shall be fined
                under this title or imprisoned not more than one year, or
                both.
                    Whoever solicits or receives any thing of value in
                consideration of aiding a person to obtain employment under
                the United States either by referring his name to an
                executive department or agency of the United States or by
                requiring the payment of a fee because such person has
                secured such employment shall be fined under this title, or
                imprisoned not more than one year, or both. This section
                shall not apply to such services rendered by an employment
                agency pursuant to the written request of an executive
                department or agency of the United States. (June 25, 1948,
                ch. 645, Sec. 1, 62 Stat. 694; Sept. 13, 1951, ch. 380, 65
                Stat. 320; Oct. 23, 1962, Pub.L. 87-849, Sec. 1(b), 76 Stat.
                1125; Sept. 13, 1994, Pub.L. 103-322, Sec. 330016(1)(H), 108
                Stat. 2147.)

          1248  Sec. 219. Officers and employees acting as agents of foreign
                    principals.
                    (a) Whoever, being a public official, is or acts as an
                agent of a foreign principal required to register under the
                Foreign Agents Registration Act of 1938 or a lobbyist
                required to register under the Lobbying Disclosure Act of
                1995 in connection with the representation of a foreign
                entity, as defined in section 3(6) of that Act shall be
                fined under this title or imprisoned for not more than two
                years, or both.
                    (b) Nothing in this section shall apply to the
                employment of any agent of a foreign principal as a special
                Government employee in any case in which the head of the
                employing agency certifies that such employment is required
                in the national interest. A copy of any certification under
                this paragraph shall be forwarded by the head of such agency
                to the Attorney General who shall cause the same to be filed
                with the registration statement and other documents filed by
                such agent, and made available for public inspection in
                accordance with section 6 of the Foreign Agents Registration
                Act of 1938, as amended.
                    (c) For the purpose of this section ``public official''
                means Member of Congress, Delegate, or Resident
                Commissioner, either before or after he has qualified, or an
                officer or employee or person acting for or on behalf of the
                United States, or any department, agency, or branch of
                Government thereof, including the District of Columbia, in
                any official function, under or by authority of any such
                department, agency, or branch of Government.

                (Added Pub.L. 89-486, Sec. 8(b), July 4, 1966, 80 Stat. 249,
                and amended Pub.L. 98-473, Title II, Sec. 1116, Oct. 12,
                1984, 98 Stat. 2149; Pub.L. 99-646, Sec. 30, Nov. 10, 1986,
                100 Stat. 3598; Pub.L. 101-647, Title XXXV, Sec. 3511, Nov.
                29, 1990, 104 Stat. 4922; Pub.L. 104-65, Sec. 12(b), Dec.
                19, 1995, 109 Stat. 701.)

    [[Page 980]]

          1249  Sec. 227. Wrongfully influencing a private entity's
                    employment decisions by a Member of Congress or an
                    officer or employee of the legislative or executive
                    branch
                    (a) Whoever, being a covered government person, with the
                intent to influence, solely on the basis of partisan
                political affiliation, an employment decision or employment
                practice of any private entity----
                                (1) takes or withholds, or offers or
                            threatens to take or withhold, an official act,
                            or
                                (2) influences, or offers or threatens to
                            influence, the official act of another,
                    shall be fined under this title or imprisoned for not
                more than 15 years, or both, and may be disqualified from
                holding any office of honor, trust, or profit under the
                United States.
                    (b) In this section, the term ``covered government
                person'' means----
                                (1) a Senator or Representative in, or a
                            Delegate or Resident Commissioner to, the
                            Congress;
                                (2) an employee of either House of Congress;
                            or
                                (3) the President, Vice President, an
                            employee of the United States Postal Service or
                            the Postal Regulatory Commission, or any other
                            executive branch employee (as such term is
                            defined under section 2105 of title 5, United
                            States Code). (Pub.L. 110-81, Title I,
                            Sec. 102(a), Sept. 14, 2007, 121 Stat. 739;
                            amended Pub.L. 112-105, Sec. 18(a), Apr. 4,
                            2012, 126 Stat. 304.)

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

          1250  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,

    [[Page 981]]

                or (2) by death or imprisonment for any term of years or for
                life, if death results to such individual.
                    (e) Whoever assaults any person designated in subsection
                (a) of this section shall be fined under this title, or
                imprisoned not more than one year, or both; and if the
                assault involved the use of a dangerous weapon, or personal
                injury results, shall be fined under this title, or
                imprisoned not more than ten years, or both.
                    (f) If Federal investigative or prosecutive jurisdiction
                is asserted for a violation of this section, such assertion
                shall suspend the exercise of jurisdiction by a State or
                local authority, under any applicable State or local law,
                until Federal action is terminated.
                    (g) Violations of this section shall be investigated by
                the Federal Bureau of Investigation. Assistance may be
                requested from any Federal, State, or local agency,
                including the Army, Navy, and Air Force, any statute, rule,
                or regulation to the contrary notwithstanding.
                    (h) In a prosecution for an offense under this section
                the Government need not prove that the defendant knew that
                the victim of the offense was an individual protected by
                this section.
                    (i) There is extraterritorial jurisdiction over the
                conduct prohibited by this section. (Added Pub.L. 91-644,
                Title IV, Sec. 15, Jan. 2, 1971, 84 Stat. 1891, and amended
                Pub.L. 97-285, Sec. Sec. 1, 2(a), Oct. 6, 1982, 96 Stat.
                1219; Pub.L. 99-646, Sec. 62, Nov. 10, 1986, 100 Stat. 3614;
                Pub.L. 100-690, Title VII, Sec. 7074, Nov. 18, 1988, 102
                Stat. 4405; Pub.L. 103-322, Title XXXII, Sec. 320101(d),
                Title XXXIII, Sec. Sec. 330016(1)(K), (L), 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

         1250a  Sec. 431. Contracts by Member of Congress.
                    Whoever, being a Member of or Delegate to Congress, or a
                Resident Commissioner, either before or after he has
                qualified, directly or indirectly, himself, or by any other
                person in trust for him, or for his use or benefit, or on
                his account, undertakes, executes, holds, or enjoys, in
                whole or in part, any contract or agreement, made or entered
                into in behalf of the United States or any agency thereof,
                by any officer or person authorized to make contracts on its
                behalf, shall be fined under this title.
                    All contracts or agreements made in violation of this
                section shall be void; and whenever any sum of money is
                advanced by the United States or any agency thereof, in
                consideration of any such contract or agreement, it shall
                forthwith be repaid; and in case of failure or refusal to
                repay the same when demanded by the proper officer of the
                department or agency under whose authority such contract or
                agreement shall have been made or entered into, suit shall
                at once be brought against the person so failing or refusing
                and his sureties for the recovery of the money so advanced.
                (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 702; Oct. 31,
                1951, ch. 655, Sec. 19, 65 Stat. 717; Sept. 13, 1994, Pub.L.
                103-322, Sec. 330016(1)(J), 108 Stat. 2147.)
          1251  Sec. 432. Officer or employee contracting with Member of
                    Congress.
                    Whoever, being an officer or employee of the United
                States, on behalf of the United States or any agency
                thereof, directly or indirectly makes or enters into any
                contract, bargain, or agreement, with any Member

    [[Page 982]]

                of or Delegate to Congress, or any Resident Commissioner,
                either before or after he has qualified, shall be fined
                under this title. (June 25, 1948, ch. 645, Sec. 1, 62 Stat.
                702; Sept. 13, 1994, Pub.L. 103-322, Sec. 330016(1)(J), 108
                Stat. 2147.)
          1252  Sec. 433. Exemptions with respect to certain contracts.
                    Sections 431 and 432 of this title shall not extend to
                any contract or agreement made or entered into, or accepted
                by any incorporated company for the general benefit of such
                corporation; nor to the purchase or sale of bills of
                exchange or other property where the same are ready for
                delivery and payment therefor is made at the time of making
                or entering into the contract or agreement. Nor shall the
                provisions of such section apply to advances, loans,
                discounts, purchase or repurchase agreements extensions, or
                renewals thereof, or acceptances, releases or substitutions
                of security therefor or other contracts or agreements made
                or entered into under the Reconstruction Finance Corporation
                Act, the Agricultural Adjustment Act, the Federal Farm Loan
                Act, the Emergency Farm Mortgage Act of 1933, the Farm
                Credit Act of 1933, or the Home Owners Loan Act of 1933, the
                Farmers' Home Administration Act of 1946, the Bankhead-Jones
                Farm Tenant Act, or to crop insurance agreements or
                contracts or agreements of a kind which the Secretary of
                Agriculture may enter into with farmers.
                    Any exemption permitted by this section shall be made a
                matter of public record. (June 25, 1948, ch. 645, Sec. 1, 62
                Stat. 703; Oct. 4, 1961, Pub.L. 87-353, Sec. 3(o), 75 Stat.
                774.)

                       Chapter 29.--ELECTIONS AND POLITICAL ACTIVITIES

          1253  Sec. 591. Repealed (Pub.L. 96-187, title II, Sec. 201(a)(1),
                    Jan. 8, 1980, 93 Stat. 1367).
          1254  Sec. 594. Intimidation of voters.
                    Whoever intimidates, threatens, coerces, or attempts to
                intimidate, threaten, or coerce, any other person for the
                purpose of interfering with the right of such other person
                to vote or to vote as he may choose, or of causing such
                other person to vote for, or not to vote for, any candidate
                for the office of President, Vice President, Presidential
                elector, Member of the Senate, Member of the House of
                Representatives, Delegate from the District of Columbia, or
                Resident Commissioner, at any election held solely or in
                part for the purpose of electing such candidate, shall be
                fined under this title or imprisoned not more than one year,
                or both. (June 25, 1948, ch. 645, 62 Stat. 720; Sept. 22,
                1970, Pub.L. 91-405, Title II, Sec. 204(d)(5), 84 Stat. 853;
                Sept. 13, 1994, Pub.L. 103-322, Sec. 330016(1)(H), 108 Stat.
                2147.)
          1255  Sec. 595. Interference by administrative employees of
                    Federal, State, or Territorial Governments.
                    Whoever, being a person employed in any administrative
                position by the United States, or by any department or
                agency thereof, or by the District of Columbia, or any
                agency or instrumentality thereof, or by any State,
                Territory, or Possession of the United States, or any
                political subdivision, municipality, or agency thereof, or
                agency of such political subdivision or municipality
                (including any corporation owned or controlled by any State,
                Territory, or Possession of the United States or by any such
                political subdivision, municipality, or agency), in
                connection

    [[Page 983]]

                with any activity which is financed in whole or in part by
                loans or grants made by the United States, or any department
                or agency thereof, uses his official authority for the
                purpose of interfering with, or affecting, the nomination or
                the election of any candidate for the office of President,
                Vice President, Presidential elector, Member of the Senate,
                Member of the House of Representatives, Delegate from the
                District of Columbia, or Resident Commissioner, shall be
                fined under this title or imprisoned not more than one year,
                or both.
                    This section shall not prohibit or make unlawful any act
                by any officer or employee of any educational or research
                institution, establishment, agency, or system which is
                supported in whole or in part by any state or political
                subdivision thereof, or by the District of Columbia or by
                any Territory or Possession of the United States; or by any
                recognized religious, philanthropic or cultural
                organization. (June 25, 1948, ch. 645, 62 Stat. 720; Sept.
                22, 1970, Pub.L. 91-405, Title II, Sec. 204(d)(6), 84 Stat.
                853; Sept. 13, 1994, Pub.L. 103-322, Sec. 330016(1)(H), 108
                Stat. 2147.)
          1256  Sec. 597. Expenditures to influence voting.
                    Whoever makes or offers to make an expenditure to any
                person, either to vote or withhold his vote, or to vote for
                or against any candidate; and
                    Whoever solicits, accepts, or receives any such
                expenditure in consideration of his vote or the withholding
                of his vote--
                    Shall be fined under this title or imprisoned not more
                than one year, or both; and if the violation was willful,
                shall be fined under this title or imprisoned not more than
                two years, or both. (June 25, 1948, ch. 645, 62 Stat. 721;
                Sept. 13, 1994, Pub.L. 103-322, Title XXXIII,
                Sec. 330016(1)(H), 108 Stat. 2147; Oct. 11, 1996, Pub.L.
                104-294, Title VI, Sec. 601(a)(12), 110 Stat. 3498.)
          1257  Sec. 598. Coercion by means of relief appropriations.
                    Whoever uses any part of any appropriation made by
                Congress for work relief, relief, or for increasing
                employment by providing loans and grants for public-works
                projects, or exercises or administers any authority
                conferred by any Appropriation Act for the purpose of
                interfering with, restraining, or coercing any individual in
                the exercise of his right to vote at any election, shall be
                fined under this title or imprisoned not more than one year,
                or both. (June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13,
                1994, Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(H), 108
                Stat. 2147.)
          1258  Sec. 599. Promise of appointment by candidate.
                    Whoever, being a candidate, directly or indirectly
                promises or pledges the appointment, or the use of his
                influence or support for the appointment of any person to
                any public or private position or employment, for the
                purpose of procuring support in his candidacy shall be fined
                under this title or imprisoned not more than one year, or
                both; and if the violation was willful, shall be fined under
                this title or imprisoned not more than two years, or both.
                (June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994,
                Pub.L. 103-322, Sec. 330016(1)(H), (L), 108 Stat. 2147.)

    [[Page 984]]

          1259  Sec. 600. Promise of employment or other benefit for
                    political activity.
                    Whoever, directly or indirectly, promises any
                employment, position, compensation, contract, appointment,
                or other benefit, provided for or made possible in whole or
                in part by any Act of Congress, or any special consideration
                in obtaining any such benefit, to any person as
                consideration, favor, or reward for any political activity
                or for the support of or opposition to any candidate or any
                political party in connection with any general or special
                election to any political office, or in connection with any
                primary election or political convention or caucus held to
                select candidates for any political office, shall be fined
                under this title or imprisoned not more than one year, or
                both. (June 25, 1948, ch. 645, 62 Stat. 721; Feb. 7, 1972,
                Pub.L. 92-225, Sec. 202, 86 Stat 9; Oct. 2, 1976, Pub.L. 94-
                453, Sec. 3, 90 Stat. 1517; Sept. 13, 1994, Pub.L. 103-322,
                Sec. 330016(1)(L), 108 Stat. 2147.)
          1260  Sec. 601. Deprivation of employment or other benefit for
                    political contribution.
                    (a) Whoever, directly or indirectly, knowingly causes or
                attempts to cause any person to make a contribution of a
                thing of value (including services) for the benefit of any
                candidate or any political party, by means of the denial or
                deprivation, or the threat of the denial or deprivation,
                of--
                                (1) any employment, position, or work in or
                            for any agency or other entity of the Government
                            of the United States, a State, or a political
                            subdivision of a State, or any compensation or
                            benefit of such employment, position, or work;
                            or
                                (2) any payment or benefit of a program of
                            the United States, a State, or a political
                            subdivision of a State;

                if such employment, position, work, compensation, payment,
                or benefit is provided for or made possible in whole or in
                part by an Act of Congress, shall be fined under this title
                or imprisoned not more than one year, or both.

                    (b) As used in this section--
                                (1) the term ``candidate'' means an
                            individual who seeks nomination for election, or
                            election, to Federal, State, or local office,
                            whether or not such individual is elected, and,
                            for purposes of this paragraph, an individual
                            shall be deemed to seek nomination for election,
                            or election, to Federal, State, or local office,
                            if he has (A) taken the action necessary under
                            the law of a State to qualify himself for
                            nomination for election, or election, or (B)
                            received contributions or made expenditures, or
                            has given his consent for any other person to
                            receive contributions or make expenditures, with
                            a view to bringing about his nomination for
                            election, or election, to such office;
                                (2) the term ``election'' means (A) a
                            general, special primary, or runoff election,
                            (B) a convention or caucus of political party
                            held to nominate a candidate, (C) a primary
                            election held for the selection of delegates to
                            a nominating convention of a political party,
                            (D) a primary election held for the expression
                            of a preference for the nomination of persons
                            for election to the office of President, and (E)
                            the election of delegates to a constitutional
                            convention for proposing amendments to the
                            Constitution of the United States or of any
                            State; and

    [[Page 985]]

                                (3) the term ``State'' means a State of the
                            United States, the District of Columbia, the
                            Commonwealth of Puerto Rico, or any territory or
                            possession of the United States. (June 25, 1948,
                            ch. 645, 62 Stat. 721; Oct. 2, 1976, Pub.L. 94-
                            453, Sec. 1, 90 Stat. 1516; Sept. 13, 1994,
                            Pub.L. 103-322, Sec. 330016(1)(L), 108 Stat.
                            2147.)
          1261  Sec. 602. Solicitation of political contributions.
                    (a) It shall be unlawful for--
                                (1) a candidate for the Congress;
                                (2) an individual elected to or serving in
                            the office of Senator or Representative in, or
                            Delegate or Resident Commissioner to, the
                            Congress;
                                (3) an officer or employee of the United
                            States or any department or agency thereof; or
                                (4) a person receiving any salary or
                            compensation for services from money derived
                            from the Treasury of the United States; to
                            knowingly solicit any contribution within the
                            meaning of section 301(8) of the Federal
                            Election Campaign Act of 1971 from any other
                            such officer, employee, or person. Any person
                            who violates this section shall be fined under
                            this title or imprisoned not more than 3 years,
                            or both.
                    (b) The prohibition in subsection (a) shall not apply to
                any activity of an employee (as defined in section 7322(1)
                of title 5) or any individual employed in or under the
                United States Postal Service or the Postal Regulatory
                Commission, unless that activity is prohibited by section
                7323 or 7324 of such title. (June 25, 1948, ch. 645, 62
                Stat. 722; Jan. 8, 1980, Pub.L. 96-187, Title II,
                Sec. 201(a)(3), 93 Stat. 1367; Oct. 6, 1993, Pub.L. 103-94,
                Sec. 4(a), 107 Stat. 1004; Sept. 13, 1994, Pub.L. 103-322,
                Title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147; Pub.L. 109-
                435, Title VI, Sec. 604(f), Dec. 20, 2006, 120 Stat. 3242.)
          1262  Sec. 603. Making political contributions.
                    (a) It shall be unlawful for an officer or employee of
                the United States or any department or agency thereof, or a
                person receiving any salary or compensation for services
                from money derived from the Treasury of the United States,
                to make any contribution within the meaning of section
                301(8) of the Federal Election Campaign Act of 1971 to any
                other such officer, employee or person or to any Senator or
                Representative in, or Delegate or Resident Commissioner to,
                the Congress, if the person receiving such contribution is
                the employer or employing authority of the person making the
                contribution. Any person who violates this section shall be
                fined under this title or imprisoned not more than three
                years, or both.
                    (b) For purposes of this section, a contribution to an
                authorized committee as defined in section 302(e)(1) of the
                Federal Election Campaign Act of 1971 shall be considered a
                contribution to the individual who has authorized such
                committee.
                    (c) The prohibition in subsection (a) shall not apply to
                any activity of an employee (as defined in section 7322(1)
                of title 5) or any individual employed in or under the
                United States Postal Service or the Postal Regulatory
                Commission, unless that activity is prohibited by section
                7323 or 7324 of such title. (June 25, 1948, ch. 645, 62
                Stat. 722; Oct. 31, 1951, ch. 655, Sec. 20(b), 65 Stat. 718;
                Jan. 8, 1980, Pub.L. 96-187, Title II, Sec. 201(a)(4), 93
                Stat. 1367; Oct. 6, 1993, Pub.L. 103-94, Sec. 7,

    [[Page 986]]

                107 Stat. 1005; Sept. 13, 1994, Pub.L. 103-322, Title
                XXXIII, Sec. 330016(1)(K), 108 Stat. 2147; Pub.L. 109-435,
                Title VI, Sec. 604(f), Dec. 20, 2006, 120 Stat. 3242.)
          1263  Sec. 604. Solicitation from persons on relief.
                    Whoever solicits or receives or is in any manner
                concerned in soliciting or receiving any assessment,
                subscription, or contribution for any political purpose from
                any person known by him to be entitled to, or receiving
                compensation, employment, or other benefit provided for or
                made possible by any Act of Congress appropriating funds for
                work relief or relief purposes, shall be fined under this
                title or imprisoned not more than one year, or both. (June
                25, 1948, ch. 645, 62 Stat. 722, Pub.L. 103-322,
                Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
          1264  Sec. 605. Disclosure of names of persons on relief.
                    Whoever, for political purposes, furnishes or discloses
                any list of names of persons receiving compensation,
                employment or benefits provided for or made possible by any
                Act of Congress appropriating, or authorizing the
                appropriation of funds for work relief or relief purposes,
                to a political candidate, committee, campaign manager, or to
                any person for delivery to a political candidate, committee,
                or campaign manager; and
                    Whoever receives any such list or names for political
                purposes--
                    Shall be fined under this title or imprisoned not more
                than one year, or both. (June 25, 1948, ch. 645, 62 Stat.
                722, Pub.L. 103-322, Sec. 330016(1)(H), Sept. 13, 1994, 108
                Stat. 2147.)
          1265  Sec. 606. Intimidation to secure political contributions.
                    Whoever, being one of the officers or employees of the
                United States mentioned in section 602 of this title,
                discharges, or promotes, or degrades, or in any manner
                changes the official rank or compensation of any other
                officer or employee, or promises or threatens so to do, for
                giving or withholding or neglecting to make any contribution
                of money or other valuable thing for any political purpose,
                shall be fined under this title or imprisoned not more than
                3 years, or both. (June 25, 1948, ch. 645, 62 Stat. 722;
                Sept. 13, 1994, Pub.L. 103-322, Title XXXIII,
                Sec. 330016(1)(K), 108 Stat. 2147.)
          1266  Sec. 607. Place of solicitation.
                    (a) Prohibition--
                                (1) In general.--It shall be unlawful for
                            any person to solicit or receive a donation of
                            money or other thing of value in connection with
                            a Federal, State, or local election from a
                            person who is located in a room or building
                            occupied in the discharge of official duties by
                            an officer or employee of the United States. It
                            shall be unlawful for an individual who is an
                            officer or employee of the Federal Government,
                            including the President, Vice President, and
                            Members of Congress, to solicit or receive a
                            donation of money or other thing of value in
                            connection with a Federal, State, or local
                            election, while in any room or building occupied
                            in the discharge of official duties by an
                            officer or employee of the United States, from
                            any person.
                                (2) Penalty.--A person who violates this
                            section shall be fined not more than $5,000,
                            imprisoned not more than 3 years, or both.
                    (b) The prohibition in subsection (a) shall not apply to
                the receipt of contributions by persons on the staff of a
                Senator or Representative in, or Delegate or Resident
                Commissioner to, the Congress or Executive

    [[Page 987]]

                Office of the President, provided, that such contributions
                have not been solicited in any manner which directs the
                contributor to mail or deliver a contribution to any room,
                building, or other facility referred to in subsection (a),
                and provided that such contributions are transferred within
                seven days of receipt to a political committee within the
                meaning of section 302(e) of the Federal Election Campaign
                Act of 1971. (June 25, 1948, ch. 645, 62 Stat. 722; Jan. 8,
                1980, Pub.L. 96-187, Title II, Sec. 201(a)(5), 93 Stat.
                1367; Sept. 13, 1994, Pub.L. 103-322, Title XXXIII,
                Sec. 330016(1)(K), 108 Stat. 2147; March 27, 2002, Pub.L.
                107-155, Title III, Sec. 302(1), 116 Stat. 96.)

                          Chapter 35.--EMBLEMS, INSIGNIA AND NAMES

          1267  Sec. 713. Use of likenesses of the great seal of the United
                    States, the seals of the President and Vice President,
                    the seal of the United States Senate, the seal of the
                    United States House of Representatives, and the seal of
                    the United States Congress.
                    (a) Whoever knowingly displays any printed or other
                likeness of the great seal of the United States, or of the
                seals of the President or the Vice President of the United
                States, or the seal of the United States Senate, or the seal
                of the United States House of Representatives, or the seal
                of the United States Congress, or any facsimile thereof, in,
                or in connection with, any advertisement, poster, circular,
                book, pamphlet, or other publication, public meeting, play,
                motion picture, telecast, or other production, or on any
                building, monument, or stationery, for the purpose of
                conveying, or in a manner reasonably calculated to convey, a
                false impression of sponsorship or approval by the
                Government of the United States or by any department,
                agency, or instrumentality thereof, shall be fined under
                this title or imprisoned not more than six months, or both.
                    (b) Whoever, except as authorized under regulations
                promulgated by the President and published in the Federal
                Register, knowingly manufactures, reproduces, sells, or
                purchases for resale, either separately or appended to any
                article manufactured or sold, any likeness of the seals of
                the President or Vice President, or any substantial part
                thereof, except for manufacture or sale of the article for
                the official use of the Government of the United States,
                shall be fined under this title or imprisoned not more than
                six months, or both.
                    (c) Whoever, except as directed by the United States
                Senate, or the Secretary of the Senate on its behalf,
                knowingly uses, manufactures, reproduces, sells or purchases
                for resale, either separately or appended to any article
                manufactured or sold, any likeness of the seal of the United
                States Senate, or any substantial part thereof, except for
                manufacture or sale of the article for the official use of
                the Government of the United States, shall be fined under
                this title or imprisoned not more than six months, or both.
                    (d) Whoever, except as directed by the United States
                House of Representatives, or the Clerk of the House of
                Representatives on its behalf, knowingly uses, manufactures,
                reproduces, sells or purchases for resale, either separately
                or appended to any article manufactured or sold, any
                likeness of the seal of the United States House of
                Representatives, or any substantial part thereof, except for
                manufacture or sale of the article

    [[Page 988]]

                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

          1268  Sec. 798. Disclosure of classified information.
                    (a) Whoever knowingly and willfully communicates,
                furnishes, transmits, or otherwise makes available to an
                unauthorized person, or publishes, or uses in any manner
                prejudicial to the safety or interest of the United States
                or for the benefit of any foreign government to the
                detriment of the United States any classified information--
                                (1) concerning the nature, preparation, or
                            use of any code, cipher, or cryptographic system
                            of the United States or any foreign government;
                            or
                                (2) concerning the design, construction,
                            use, maintenance, or repair of any device,
                            apparatus, or appliance used or prepared or
                            planned for use by the United States or any
                            foreign government for cryptographic or
                            communication intelligence purposes; or
                                (3) concerning the communication
                            intelligence activities of the United States or
                            any foreign government; or
                                (4) obtained by the processes of
                            communication intelligence from the
                            communications of any foreign government,
                            knowing the same to have been obtained by such
                            processes--

                                    Shall be fined under this title or
                                imprisoned not more than ten years, or both.

                    (b) As used in subsection (a) of this section--

    [[Page 989]]

                                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
                                (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

    [[Page 990]]

                of property under this subsection remaining after the
                payment of expenses for forfeiture and sale authorized by
                law.
                    (5) As used in this subsection, the term ``State'' means
                any State of the United States, the District of Columbia,
                the Commonwealth of Puerto Rico, and any territory or
                possession of the United States. (Added Oct. 31, 1951, ch.
                655, Sec. 24(a), 65 Stat. 719, and amended Sept. 13, 1994,
                Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(L), 108 Stat.
                2147; Oct. 14, 1994, Pub.L. 103-359, Title VIII,
                Sec. 804(a), 108 Stat. 3439; Oct. 11, 1996, Pub.L. 104-294,
                Title VI, Sec. 602(c), 110 Stat. 3503.)

                             Chapter 73.--OBSTRUCTION OF JUSTICE

          1269  Sec. 1505. Obstruction of proceedings before departments,
                    agencies, and committees.
                    Whoever, with intent to avoid, evade, prevent, or
                obstruct compliance, in whole or in part, with any civil
                investigative demand duly and properly made under the
                Antitrust Civil Process Act, willfully withholds,
                misrepresents, removes from any place, conceals, covers up,
                destroys, mutilates, alters, or by other means falsifies any
                documentary material, answers to written interrogatories, or
                oral testimony, which is the subject of such demand; or
                attempts to do so or solicits another to do so; or
                    Whoever corruptly, or by threats or force, or by any
                threatening letter or communication influences, obstructs,
                or impedes or endeavors to influence, obstruct, or impede
                the due and proper administration of the law under which any
                pending proceeding is being had before any department or
                agency of the United States, or the due and proper exercise
                of the power of inquiry under which any inquiry or
                investigation is being had by either House, or any committee
                of either House or any joint committee of the Congress--
                                Shall be fined under this title or
                            imprisoned not more than five years or, if the
                            offense involves international or domestic
                            terrorism (as defined in section 2331),
                            imprisoned not more than 8 years, or both. (June
                            25, 1948, ch. 645, 62 Stat. 770; Sept. 19, 1962,
                            Pub.L. 87-664, Sec. 6(a), 76 Stat. 551; Oct. 15,
                            1970, Pub.L. 91-452, Title IX, Sec. 903, 84
                            Stat. 947; Sept. 30, 1976, Pub.L. 94-435, Title
                            I, Sec. 105, 90 Stat. 1389; Oct. 12, 1982,
                            Pub.L. 97-291, Sec. 4(d), 96 Stat. 1253; Sept.
                            13, 1994, Pub.L. 103-322, Title XXXIII,
                            Sec. 330016(1)(K), 108 Stat. 2147; Pub.L. 108-
                            458, Title VI, Sec. 6703(a), Dec. 17, 2004, 118
                            Stat. 3766.)

                                 Chapter 83.--POSTAL SERVICE

          1270  Sec. 1719. Franking privilege.
                    Whoever makes use of any official envelope, label, or
                indorsement authorized by law, to avoid the payment of
                postage or registry fee on his private letter, packet,
                package, or other matter in the mail, shall be fined under
                this title. (June 25, 1948, ch. 645, 62 Stat. 783; Sept. 13,
                1994, Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(F), 108
                Stat. 2147.)

                         Chapter 93.--PUBLIC OFFICERS AND EMPLOYEES

          1271  Sec. 1906. Disclosure of information from a bank examination
                    report.
                    Whoever, being an examiner, public or private, or a
                Government Accountability Office employee with access to
                bank examination report

    [[Page 991]]

                information under section 714 of title 31, discloses the
                names of borrowers or the collateral for loans of any member
                bank of the Federal Reserve System, any bank insured by the
                Federal Deposit Insurance Corporation, any branch or agency
                of a foreign bank (as such terms are defined in paragraphs
                (1) and (3) of section 1(b) of the International Banking Act
                of 1978), or any organization operating under section 25 or
                section 25(a) of the Federal Reserve Act, examined by him or
                subject to Government Accountability Office audit under
                section 714 of title 31 to other than the proper officers of
                such bank, branch, agency, or organization, without first
                having obtained the express permission in writing from the
                Comptroller of the Currency as to a national bank or a
                Federal branch or Federal agency (as such terms are defined
                in paragraphs (5) and (6) of section 1(b) of the
                International Banking Act of 1978), the Board of Governors
                of the Federal Reserve System as to a State member bank, an
                uninsured State branch or State agency (as such terms are
                defined in paragraphs (11) and (12) of section 1(b) of the
                International Banking Act of 1978), or an organization
                operating under section 25 or section 25(a) of the Federal
                Reserve Act, or the Federal Deposit Insurance Corporation as
                to any other insured bank, including any insured branch (as
                defined in section 3(s) of the Federal Deposit Insurance
                Act), or from the board of directors of such bank or
                organization, except when ordered to do so by a court of
                competent jurisdiction, or by direction of the Congress of
                the United States, or either House thereof, or any committee
                of Congress or either House duly authorized or as authorized
                by section 714 of title 31 shall be fined under this title
                or imprisoned not more than one year or both. (June 25,
                1948, ch. 645, 62 Stat. 791; July 21, 1978, Pub.L. 95-320,
                Sec. 3, 92 Stat. 393; Sept. 13, 1982, Pub.L. 97-258,
                Sec. 3(e)(1), 96 Stat. 1064; Nov. 29, 1990, Pub.L. 101-647,
                Title XXV, Sec. 2597(k), 104 Stat. 4911; Sept. 13, 1994,
                Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat.
                2147; Pub.L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat.
                814.)
          1272  Sec. 1913. Lobbying with appropriated moneys.
                    No part of the money appropriated by any enactment of
                Congress shall, in the absence of express authorization by
                Congress, be used directly or indirectly to pay for any
                personal service, advertisement, telegram, telephone,
                letter, printed or written matter, or other device, intended
                or designed to influence in any manner a Member of Congress,
                a jurisdiction, or an official of any government, adopt or
                oppose, by vote or otherwise, any legislation, law,
                ratification, policy, or appropriation, whether before or
                after the introduction of any bill, measure, or resolution
                proposing such legislation, law, ratification, policy, or
                appropriation; but this shall not prevent officers or
                employees of the United States or of its departments or
                agencies from communicating to any such Member or official,
                at his request or to Congress, or such official through the
                proper official channels, requests for any legislation law,
                ratification, policy, or appropriations which they deem
                necessary for the efficient conduct of the public business,
                or from making any communication whose prohibition by this
                section might, in the opinion of the Attorney General,
                violate the Constitution or interfere with the conduct of
                foreign policy, counter-intelligence, intelligence, or
                national security activities. Violations of this section
                shall constitute violations of section 1352(a) of Title 31.
                (June 25, 1948, ch. 645, 62 Stat. 792; Sept. 13, 1994,
                Pub.L. 103-322, Title XXXIII, Sec. 330016(1)(G), 108 Stat.
                2147;

    [[Page 992]]

                Pub.L. 107-273, Div. A, Title II, Sec. 205 (b), Nov. 2,
                2002, 116 Stat. 1778.)
          1273  Sec. 1918. Disloyalty and asserting the right to strike
                    against the Government.
                    Whoever violates the provision of section 7311 of title
                5 that an individual may not accept or hold a position in
                the Government of the United States or the government of the
                District of Columbia if he--
                                (1) advocates the overthrow of our
                            constitutional form of government;
                                (2) is a member of an organization that he
                            knows advocates the overthrow of our
                            constitutional form of government;
                                (3) participates in a strike, or asserts the
                            right to strike, against the Government of the
                            United States or the government of the District
                            of Columbia; or
                                (4) is a member of an organization of
                            employees of the Government of the United States
                            or of individuals employed by the government of
                            the District of Columbia that he knows asserts
                            the right to strike against the Government of
                            the United States or the government of the
                            District of Columbia;

                shall be fined under this title or imprisoned not more than
                one year and a day, or both. (Added Pub.L. 89-554,
                Sec. 3(d), Sept. 6, 1966, 80 Stat. 609, and amended Pub.L.
                104-294, Title VI, Sec. 601(a)(8), Oct. 11, 1996, 110 Stat.
                3498.)

                               Part V.--IMMUNITY OF WITNESSES

          1274  Sec. 6001. Definitions.
                    As used in this chapter--
                                (1) ``agency of the United States'' means
                            any executive department as defined in section
                            101 of title 5, United States Code, a military
                            department as defined in section 102 of title 5,
                            United States Code, the Nuclear Regulatory
                            Commission, the Board of Governors of the
                            Federal Reserve System, the China Trade Act
                            registrar appointed under 53 Stat. 1432 (15
                            U.S.C. sec. 143), the Commodity Futures Trading
                            Commission, the Federal Communications
                            Commission, the Federal Deposit Insurance
                            Corporation, the Federal Maritime Commission,
                            the Federal Power Commission, the Federal Trade
                            Commission, the Surface Transportation Board,
                            the National Labor Relations Board, the National
                            Transportation Safety Board, the Railroad
                            Retirement Board, an arbitration board
                            established under 48 Stat. 1193 (45 U.S.C. sec.
                            157), the Securities and Exchange Commission, or
                            a board established under 49 Stat. 31 (15 U.S.C.
                            sec. 715d);
                                (2) ``other information'' includes any book,
                            paper, document, record, recording, or other
                            material;
                                (3) ``proceeding before an agency of the
                            United States'' means any proceeding before such
                            an agency with respect to which it is authorized
                            to issue subpoenas and to take testimony or
                            receive other information from witnesses under
                            oath; and
                                (4) ``court of the United States'' means any
                            of the following courts: the Supreme Court of
                            the United States, a United States court of
                            appeals, a United States district court
                            established under chapter 5, title 28, United
                            States Code, a United States bankruptcy court
                            established under chapter 6, title 28, United
                            States Code, the Dis

    [[Page 993]]

                            trict of Columbia Court of Appeals, the Superior
                            Court of the District of Columbia, the District
                            Court of Guam, the District Court of the Virgin
                            Islands, the United States Court of Federal
                            Claims, the Tax Court of the United States, the
                            Court of International Trade, and the Court of
                            Appeals for the Armed Forces. (Added Pub.L. 91-
                            452, Title II, Sec. 201(a), Oct. 15, 1970, 84
                            Stat. 926, and amended Pub.L. 95-405, Sec. 25,
                            Sept. 30, 1978, 92 Stat. 877; Pub.L. 95-598,
                            Title III, Sec. 314(l), Nov. 6, 1978, 92 Stat.
                            2678; Pub.L. 96-417, Title VI, Sec. 601(l), Oct.
                            10, 1980, 94 Stat. 1744; Pub.L. 97-164, Title I,
                            Sec. 164(l), Apr. 2, 1982, 96 Stat. 50; Pub.L.
                            102-550, Title XV, Sec. 1543, Oct. 28, 1992, 106
                            Stat. 4069; Pub.L. 103-272, Sec. 4(d), July 5,
                            1994, 108 Stat. 1361; Pub.L. 103-322, Title
                            XXXIII, Sec. 330013(2), (3), Sept. 13, 1994, 108
                            Stat. 2146; Pub.L. 103-337, Div. A, Title IX,
                            Sec. 924(d)(1)(B), Oct. 5, 1994, 108 Stat. 2832;
                            Pub.L. 104-88, Title III, Sec. 303(2), Dec. 29,
                            1995, 109 Stat. 943.)
          1275  Sec. 6002. Immunity generally.
                    Whenever a witness refuses, on the basis of his
                privilege against self-incrimination, to testify or provide
                other information in a proceeding before or ancillary to--
                                (1) a court or grand jury of the United
                            States,
                                (2) an agency of the United States, or
                                (3) either House of Congress, a joint
                            committee of the two Houses, or a committee or a
                            subcommittee of either House,

                and the person presiding over the proceeding communicates to
                the witness an order issued under this title, the witness
                may not refuse to comply with the order on the basis of his
                privilege against self-incrimination; but no testimony or
                other information compelled under the order (or any
                information directly or indirectly derived from such
                testimony or other information) may be used against the
                witness in any criminal case, except a prosecution for
                perjury, giving a false statement, or otherwise failing to
                comply with the order. (Added Pub.L. 91-452, Title II,
                Sec. 201(a), Oct. 15, 1970, 84 Stat. 927, and amended Pub.L.
                103-322, Title XXXIII, Sec. 330013(4), Sept. 13, 1994, 108
                Stat. 2146.)

          1276  Sec. 6005. Congressional proceedings.
                    (a) In the case of any individual who has been or may be
                called to testify or provide other information at any
                proceeding before or ancillary to either House of Congress,
                or any committee, or any subcommittee of either House, or
                any joint committee of the two Houses, a United States
                district court shall issue, in accordance with subsection
                (b) of this section, upon the request of a duly authorized
                representative of the House of Congress or the committee
                concerned, an order requiring such individual to give
                testimony or provide other information which he refuses to
                give or provide on the basis of his privilege against self-
                incrimination, such order to become effective as provided in
                section 6002 of this title.
                    (b) Before issuing an order under subsection (a) of this
                section, a United States district court shall find that--
                                (1) in the case of a proceeding before or
                            ancillary to either Houses of Congress, the
                            request for such an order has been approved by
                            an affirmative vote of a majority of the Members
                            present of that House;

    [[Page 994]]

                                (2) in the case of a proceeding before or
                            ancillary to a committee or a subcommittee of
                            either House of Congress or a joint committee of
                            both Houses, the request for such an order has
                            been approved by an affirmative vote of two-
                            thirds of the members of the full committee; and
                                (3) ten days or more prior to the day on
                            which the request for such an order was made,
                            the Attorney General was served with notice of
                            an intention to request the order.
                    (c) Upon application of the Attorney General, the United
                States district court shall defer the issuance of any order
                under subsection (a) of this section for such period, not
                longer than twenty days from the date of the request for
                such order, as the Attorney General may specify.

                (Added Pub.L. 91-452, Title II, Sec. 201(a), Oct. 15, 1970,
                84 Stat. 928, and amended Pub.L. 103-322, Title XXXIII,
                Sec. 330013(4), Sept. 13, 1994, 108 Stat. 2146; Pub.L. 104-
                292, Sec. 5, Oct. 11, 1996, 110 Stat. 3460; Pub.L. 104-294,
                Title VI, Sec. 605(o), Oct. 11, 1996, 110 Stat. 3510.)
                                  19 u.s.c.--customs duties

                      general and permanent laws relating to the senate