[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