US (United States) Code. Title 18. Chapter 11: Bribery, graft and conflicts of interest

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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18 USC CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF

INTEREST 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

.

-HEAD-

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

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Sec.

201. Bribery of public officials and witnesses.

202. Definitions.

203. Compensation to Members of Congress, officers, and others in

matters affecting the Government.

204. Practice in United States Court of Federal Claims or the

United States Court of Appeals for the Federal Circuit by Members

of Congress.

205. Activities of officers and employees in claims against and

other matters affecting the Government.

206. Exemption of retired officers of the uniformed services.

207. Restrictions on former officers, employees, and elected

officials of the executive and legislative branches.

208. Acts affecting a personal financial interest.

209. Salary of Government officials and employees payable only by

United States.

210. Offer to procure appointive public office.

211. Acceptance or solicitation to obtain appointive public office.

212. Offer of loan or gratuity to bank examiner.

213. Acceptance of loan or gratuity by bank examiner.

214. Offer for procurement of Federal Reserve bank loan and

discount of commercial paper.

215. Receipt of commissions or gifts for procuring loans.

216. Penalties and injunctions.

217. Acceptance of consideration for adjustment of farm

indebtedness.

218. Voiding transactions in violation of chapter; recovery by the

United States.

219. Officers and employees acting as agents of foreign principals.

(220 to 222. Renumbered.)

(223. Repealed.)

224. Bribery in sporting contests.

225. Continuing financial crimes enterprise.

AMENDMENTS

1994 - Pub. L. 103-322, title XXXIII, Sec. 330010(12), Sept. 13,

1994, 108 Stat. 2144, substituted ''officers, and others in'' for

''officers and others, in'' in item 203 and inserted ''the'' after

''Federal Claims or'' in item 204.

1992 - Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992,

106 Stat. 4516, substituted ''United States Court of Federal

Claims'' for ''United States Claims Court'' in item 204.

1990 - Pub. L. 101-647, title XXV, Sec. 2510(b), title XXXV, Sec.

3509, Nov. 29, 1990, 104 Stat. 4863, 4922, substituted ''to

Members'' for ''of Members'' in item 203, substituted ''United

States Claims Court or United States Court of Appeals for the

Federal Circuit'' for ''Court of Claims'' in item 204, and added

item 225.

1989 - Pub. L. 101-194, title I, Sec. 101(b), title IV, Sec.

407(b), Nov. 30, 1989, 103 Stat. 1724, 1753, substituted

''Restrictions on former officers, employees, and elected officials

of the executive and legislative branches'' for ''Disqualification

of former officers and employees; disqualification of partners of

current officers and employees'' in item 207 and added item 216.

1984 - Pub. L. 98-473, title II, Sec. 1107(b), Oct. 12, 1984, 98

Stat. 2146, substituted ''Repealed'' for ''Receipt or charge of

commissions or gifts for farm loan, land bank, or small business

transactions'' in item 216.

1978 - Pub. L. 95-521, title V, Sec. 501(b), Oct. 26, 1978, 92

Stat. 1867, struck out ''in matters connected with former duties or

official responsibilities'' after ''officers and employees'' and

inserted ''of current officers and employees'' after ''partners

of'' in item 207.

1966 - Pub. L. 89-486, Sec. 8(c)(2), July 4, 1966, 80 Stat. 249,

added item 219.

1964 - Pub. L. 88-316, Sec. 1(b), June 6, 1964, 78 Stat. 204,

added item 224.

1962 - Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1119,

included conflicts of interests in chapter heading, and amended

analysis generally to contain items 201 to 218. Prior to amendment,

the analysis contained items 201 to 223.

1958 - Pub. L. 85-699, title VII, Sec. 702(d), Aug. 21 1958, 72

Stat. 698, included small business transactions in item 221.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 5 section 3161; title 10

section 1588; title 15 section 2625; title 16 sections 450ss-3,

698v-5; title 22 section 3622; title 26 section 7802; title 36

section 2113; title 42 sections 280e-11, 9843a, 12651b, 12651g;

title 48 section 1907; title 49 section 32306.

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18 USC Sec. 201 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 201. Bribery of public officials and witnesses

-STATUTE-

(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 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 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.

-SOURCE-

(Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1119;

amended Pub. L. 91-405, title II, Sec. 204(d)(1), Sept. 22, 1970,

84 Stat. 853; Pub. L. 99-646, Sec. 46(a)-(l), Nov. 10, 1986, 100

Stat. 3601-3604; Pub. L. 103-322, title XXXIII, Sec. 330011(b),

330016(2)(D), Sept. 13, 1994, 108 Stat. 2144, 2148.)

-MISC1-

PRIOR PROVISIONS

A prior section 201, act June 25, 1948, ch. 645, 62 Stat. 691,

prescribed penalties for anyone who offered or gave anything of

value to an officer or other person to influence his decisions,

prior to the general amendment of this chapter by Pub. L. 87-849,

and is substantially covered by revised section 201.

Provisions similar to those comprising this section were

contained in sections 201 to 213 of this title, prior to the

general amendment of this chapter by Pub. L. 87-849.

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-322, Sec. 330016(2)(D), which

directed the amendment of ''section 201'' by inserting ''under this

title or'' after ''be fined'' and ''whichever is greater,'' before

''or imprisoned'', was executed by making the insertions in text of

last par. of subsec. (b), and not in last par. of subsec. (c), to

reflect the probable intent of Congress.

Pub. L. 103-322, Sec. 330011(b)(A), amended Pub. L. 99-646, Sec.

46(b)(1). See 1986 Amendment note below.

Subsec. (b)(1). Pub. L. 103-322, Sec. 330011(b), amended Pub. L.

99-646, Sec. 46(b). See 1986 Amendment note below.

1986 - Pub. L. 99-646, Sec. 46(l), provided for alignment of

margins of each subsection, paragraph, and subparagraph of this

section.

Subsec. (a). Pub. L. 99-646, Sec. 46(a), substituted ''section -

'' for ''section:'', designated provision defining ''public

official'' as par. (1), inserted ''the term'' after ''(1)'', and

substituted ''Delegate'' for ''Delegate from the District of

Columbia'', ''after such official has qualified'' for ''after he

has qualified'', and ''juror;'' for ''juror; and''; designated

provision defining ''person who has been selected to be a public

official'' as par. (2), inserted ''the term'' after ''(2)'', and

substituted ''such person'' for ''he''; and designated provision

defining ''official act'' as par. (3), inserted ''the term'' after

''(3)'', and substituted ''in such official's official capacity, or

in such official's'' for ''in his official capacity, or in his''.

Subsec. (b). Pub. L. 99-646, Sec. 46(b)(1), as amended by Pub. L.

103-322, Sec. 330011(b)(A), substituted ''Whoever - '' for

''Whoever,'' and inserted ''(1)'' before ''directly''.

Pub. L. 99-646, Sec. 46(e)(5), redesignated the undesignated par.

which followed former subsec. (e) as concluding par. of subsec. (b)

and substituted ''shall be fined not more than'' for ''Shall be

fined not more than $20,000 or'' and ''thing of value,'' for

''thing of value, whichever is greater,''.

Subsec. (b)(1). Pub. L. 99-646, Sec. 46(b), as amended by Pub. L.

103-322, Sec. 330011(b), redesignated former subsec. (b) as par.

(1), redesignated former pars. (1) to (3) as subpars. (A) to (C),

respectively, and realigned their margins, and in subpar. (C)

substituted ''the lawful duty of such official or person;'' for

''his lawful duty, or''.

Subsec. (b)(2). Pub. L. 99-646, Sec. 46(c), redesignated former

subsec. (c) as par. (2), struck out ''Whoever,'' before ''being'',

substituted ''corruptly demands, seeks, receives, accepts, or

agrees to receive or accept anything of value personally'' for

''corruptly asks, demands, exacts, solicits, seeks, accepts,

receives, or agrees to receive anything of value for himself'',

redesignated former pars. (1) to (3) as subpars. (A) to (C),

respectively, and realigned their margins, in subpar. (A)

substituted ''the performance'' for ''his performance'' and struck

out ''or'' after ''act;'', and in subpar. (C) substituted ''the

official duty of such official or person;'' for ''his official

duty; or''.

Subsec. (b)(3). Pub. L. 99-646, Sec. 46(d), redesignated former

subsec. (d) as par. (3) and substituted ''directly'' for ''Whoever,

directly'' and ''therefrom;'' for ''therefrom; or''.

Subsec. (b)(4). Pub. L. 99-646, Sec. 46(e), redesignated former

subsec. (e) as par. (4), substituted ''directly'' for ''Whoever,

directly'', ''demands, seeks, receives, accepts, or agrees to

receive or accept anything of value personally'' for ''asks,

demands, exacts, solicits, seeks, accepts, receives, or agrees to

receive anything of value for himself'', ''in testimony'' for ''in

his testimony'', and ''therefrom;'' for ''therefrom - ''.

Subsec. (c). Pub. L. 99-646, Sec. 46(f), (g)(1), (h)(1), (i)(1),

redesignated former subsecs. (f) to (i) as subsec. (c)(1)(A), (B),

(2), and (3), respectively. Former subsec. (c) redesignated

(b)(2).

Pub. L. 99-646, Sec. 46(i)(6), redesignated the undesignated par.

which followed former subsec. (i) as concluding par. of subsec. (c)

and substituted ''shall be fined under this title'' for ''Shall be

fined not more than $10,000''.

Subsec. (c)(1). Pub. L. 99-646, Sec. 46(f), (g), redesignated

former subsec. (f) as par. (1) and substituted ''(1) otherwise''

for '', otherwise'' and ''(A) directly'' for '', directly'',

redesignated former subsec. (g) as subpar. (B) and substituted

''being'' for ''Whoever, being'', ''indirectly demands, seeks,

receives, accepts, or agrees to receive or accept anything of value

personally'' for ''indirectly asks, demands, exacts, solicits,

seeks, accepts, receives, or agrees to receive anything of value

for himself'', and ''by such official or person;'' for ''by him;

or''.

Subsec. (c)(2). Pub. L. 99-646, Sec. 46(h), redesignated former

subsec. (h) as par. (2) and substituted ''directly'' for ''Whoever,

directly'' and ''such person's absence therefrom;'' for ''his

absence therefrom; or''.

Subsec. (c)(3). Pub. L. 99-646, Sec. 46(i), redesignated former

subsec. (i) as par. (3) and substituted ''directly'' for ''Whoever,

directly'', ''demands, seeks, receives, accepts, or agrees to

receive or accept'' for ''asks, demands, exacts, solicits, seeks,

accepts, receives, or agrees to receive'', ''personally'' for ''for

himself'', ''by such person'' for ''by him'', and ''such person's

absence therefrom;'' for ''his absence therefrom - ''.

Subsec. (d). Pub. L. 99-646, Sec. 46(j), redesignated former

subsec. (j) as (d), substituted ''Paragraphs (3) and (4) of

subsection (b) and paragraphs (2) and (3) of subsection (c)'' for

''Subsections (d), (e), (h), and (i)'' and struck out ''involving a

technical or professional opinion,'' after ''expert witnesses,''.

Former subsec. (d) redesignated (b)(3).

Subsecs. (e) to (k). Pub. L. 99-646, Sec. 46(f)-(k), redesignated

former subsecs. (e) to (k) as (b)(4), (c)(1)(A), (B), (2), (3),

(d), and (e), respectively.

1970 - Subsec. (a). Pub. L. 91-405 included Delegate from

District of Columbia in definition of ''public official''.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 330011(b) of Pub. L. 103-322 provided that the amendment

made by that section is effective as of the date on which section

46(b) of Pub. L. 99-646 took effect.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 46(m) of Pub. L. 99-646 provided that: ''The amendments

made by this section (amending this section) shall take effect 30

days after the date of enactment of this Act (Nov. 10, 1986).''

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-405 effective Sept. 22, 1970, see section

206(b) of Pub. L. 91-405, set out as an Effective Date note under

section 25a of Title 2, The Congress.

EFFECTIVE DATE

Section 4 of Pub. L. 87-849 provided that: ''This Act (enacting

this section and sections 202 to 209 and 218 of this title,

redesignating sections 214, 215, 217 to 222 as 210, 211, 212 to 217

of this title respectively, repealing sections 223, 282, 284, 434,

and 1914 of this title, and section 99 of former Title 5, Executive

Departments and Government Officers and Employees, and enacting

provisions set out as notes under section 281 and 282 of this

title) shall take effect ninety days after the date of its

enactment (Oct. 23, 1962)''.

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-177, Sec. 1, Aug. 6, 1996, 110 Stat. 1563, provided

that: ''This Act (amending section 205 of this title) may be cited

as the 'Federal Employee Representation Improvement Act of 1996'.''

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-370, Sec. 1, Aug. 4, 1986, 100 Stat. 779, provided

that: ''This Act (amending section 215 of this title and enacting

provisions set out as a note under section 215 of this title) may

be cited as the 'Bank Bribery Amendments Act of 1985'.''

-EXEC-

EXECUTIVE ORDER NO. 11222

Ex. Ord. No. 11222, May 8, 1965, 30 F.R. 6469, as amended by Ex.

Ord. No. 11590, Apr. 23, 1971, 36 F.R. 7831; Ex. Ord. No. 12107,

Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12565, Sept. 25, 1986, 51

F.R. 34437, which established standards of ethical conduct for

government officers and employees, was revoked by Ex. Ord. No.

12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note

under section 7301 of Title 5, Government Organization and

Employees.

EXECUTIVE ORDER NO. 12565

Ex. Ord. No. 12565, Sept. 25, 1986, 51 F.R. 34437, which amended

Ex. Ord. No. 11222, formerly set out above, and provided

confidentiality for financial reports filed pursuant to Ex. Ord.

No. 11222, was revoked by Ex. Ord. No. 12674, Apr. 12, 1989, 54

F.R. 15159, as amended, set out as a note under section 7301 of

Title 5, Government Organization and Employees.

-MISC6-

MEMORANDUM OF ATTORNEY GENERAL REGARDING CONFLICT OF INTEREST

PROVISIONS OF PUBLIC LAW 87-849, FEB. 1, 1963, 28 F.R. 985

January 28, 1963.

Public Law 87-849, ''To strengthen the criminal laws relating to

bribery, graft, and conflicts of interest, and for other

purposes,'' came into force January 21, 1963. A number of

departments and agencies of the Government have suggested that the

Department of Justice prepare and distribute a memorandum analyzing

the conflict of interest provisions contained in the new act. I am

therefore distributing the attached memorandum.

One of the main purposes of the new legislation merits specific

mention. That purpose is to help the Government obtain the

temporary or intermittent services of persons with special

knowledge and skills whose principal employment is outside the

Government. For the most part the conflict of interest statutes

superseded by Public Law 87-849 imposed the same restraints on a

person serving the Government temporarily or intermittently as on a

full-time employee, and those statutes often had an unnecessarily

severe impact on the former. As a result, they impeded the

departments and agencies in the recruitment of experts for

important work. Public Law 87-849 meets this difficulty by

imposing a lesser array of prohibitions on temporary and

intermittent employees than on regular employees. I believe that a

widespread appreciation of this aspect of the new law will lead to

a significant expansion of the pool of talent on which the

departments and agencies can draw for their special needs.

Robert F. Kennedy,

Attorney General.

MEMORANDUM RE THE CONFLICT OF INTEREST PROVISIONS OF PUBLIC LAW

87-849, 76 STAT. 1119, APPROVED OCTOBER 23, 1962

INTRODUCTION

Public Law 87-849, which came into force January 21, 1963,

affected seven statutes which applied to officers and employees of

the Government and were generally spoken of as the ''conflict of

interest'' laws. These included six sections of the criminal code,

18 U.S.C. 216, 281, 283, 284, 434 and 1914, and a statute

containing no penalties, section 190 of the Revised Statutes (5

U.S.C. 99). Public Law 87-849 (sometimes referred to hereinafter as

''the Act'') repealed section 190 and one of the criminal statutes,

18 U.S.C. 216, without replacing them. (FOOTNOTE 1) In addition it

repealed and supplanted the other five criminal statutes. It is

the purpose of this memorandum to summarize the new law and to

describe the principal differences between it and the legislation

it has replaced.

The Act accomplished its revisions by enacting new sections 203,

205, 207, 208 and 209 of title 18 of the United States Code and

providing that they supplant the above-mentioned sections 281, 283,

284, 434 and 1914 of title 18 respectively. (FOOTNOTE 2) It will be

convenient, therefore, after summarizing the principal provisions

of the new sections, to examine each section separately, comparing

it with its precursor before passing to the next. First of all,

however, it is necessary to describe the background and provisions

of the new 18 U.S.C. 202(a), which has no counterpart among the

statutes formerly in effect.

SPECIAL GOVERNMENT EMPLOYEES (NEW 18 U.S.C. 202(A))

In the main the prior conflict of interest laws imposed the same

restrictions on individuals who serve the Government intermittently

or for a short period of time as on those who serve full-time. The

consequences of this generalized treatment were pointed out in the

following paragraph of the Senate Judiciary Committee report on the

bill which became Public Law 87-849: (FOOTNOTE 3)

In considering the application of present law in relation to the

Government's utilization of temporary or intermittent consultants

and advisers, it must be emphasized that most of the existing

conflict-of-interest statutes were enacted in the 19th century -

that is, at a time when persons outside the Government rarely

served it in this way. The laws were therefore directed at

activities of regular Government employees, and their present

impact on the occasionally needed experts - those whose main work

is performed outside the Government - is unduly severe. This harsh

impact constitutes an appreciable deterrent to the Government's

obtaining needed part-time services.

The recruiting problem noted by the Committee generated a major

part of the impetus for the enactment of Public Law 87-849. The Act

dealt with the problem by creating a category of Government

employees termed ''special Government employees'' and by excepting

persons in this category from certain of the prohibitions imposed

on ordinary employees. The new 18 U.S.C. 202(a) defines the term

''special Government employee'' to include, among others, officers

and employees of the departments and agencies who are appointed or

employed to serve, with or without compensation, for not more than

130 days during any period of 365 consecutive days either on a

full-time or intermittent basis.

SUMMARY OF THE MAIN CONFLICT OF INTEREST PROVISIONS OF PUBLIC LAW

87-849

A regular officer or employee of the Government - that is, one

appointed or employed to serve more than 130 days in any period of

365 days - is in general subject to the following major

prohibitions (the citations are to the new sections of Title 18):

1. He may not, except in the discharge of his official duties,

represent anyone else before a court or Government agency in a

matter in which the United States is a party or has an interest.

This prohibition applies both to paid and unpaid representation of

another (18 U.S.C. 203 and 205).

2. He may not participate in his governmental capacity in any

matter in which he, his spouse, minor child, outside business

associate or person with whom he is negotiating for employment has

a financial interest (18 U.S.C. 208).

3. He may not, after his Government employment has ended,

represent anyone other than the United States in connection with a

matter in which the United States is a party or has an interest and

in which he participated personally and substantially for the

Government (18 U.S.C. 207(a)).

4. He may not, for 1 year after his Government employment has

ended, represent anyone other than the United States in connection

with a matter in which the United States is a party or has an

interest and which was within the boundaries of his official

responsibilities (FOOTNOTE 4) during the last year of his

Government service (18 U.S.C. 207(b)). This temporary restraint of

course gives way to the permanent restraint described in paragraph

3 if the matter is one in which he participated personally and

substantially.

5. He may not receive any salary, or supplementation of his

Government salary, from a private source as compensation for his

services to the Government (18 U.S.C. 209).

A special Government employee is in general subject only to the

following major prohibitions:

1. (a) He may not, except in the discharge of his official

duties, represent anyone else before a court or Government agency

in a matter in which the United States is a party or has in

interest and in which he has at any time participated personally

and substantially for the Government (18 U.S.C. 203 and 205).

(b) He may not, except in the discharge of his official duties,

represent anyone else in a matter pending before the agency he

serves unless he has served there no more than 60 days during the

past 365 (18 U.S.C. 203 and 205). He is bound by this restraint

despite the fact that the matter is not one in which he has ever

participated personally and substantially.

The restrictions described in subparagraphs (a) and (b) apply to

both paid and unpaid representation of another. These restrictions

in combination are, of course, less extensive than the one

described in the corresponding paragraph 1 in the list set forth

above with regard to regular employees.

2. He may not participate in his governmental capacity in any

matter in which he, his spouse, minor child, outside business

associate or person with whom he is negotiating for employment has

a financial interest (18 U.S.C. 208).

3. He may not, after his Government employment has ended,

represent anyone other than the United States in connection with a

matter in which the United States is a party or has an interest and

in which he participated personally and substantially for the

Government (18 U.S.C. 207(a)).

4. He may not, for 1 year after his Government employment has

ended, represent anyone other than the United States in connection

with a matter in which the United States is a party or has an

interest and which was within the boundaries of his official

responsibility during the last year of his Government service (18

U.S.C. 207(b)). This temporary restraint of course gives way to the

permanent restriction described in paragraph 3 if the matter is one

in which he participated personally and substantially.

It will be seen that paragraphs 2, 3, and 4 for special

Government employees are the same as the corresponding paragraphs

for regular employees. Paragraph 5 for the latter, describing the

bar against the receipt of salary for Government work from a

private source, does not apply to special Government employees.

As appears below, there are a number of exceptions to the

prohibitions summarized in the two lists.

COMPARISON OF OLD AND NEW CONFLICT OF INTEREST SECTIONS OF TITLE

18, UNITED STATES CODE

New 18 U.S.C. 203. Subsection (a) of this section in general

prohibits a Member of Congress and an officer or employee of the

United States in any branch or agency of the Government from

soliciting or receiving compensation for services rendered on

behalf of another person before a Government department or agency

in relation to any particular matter in which the United States is

a party or has a direct and substantial interest. The subsection

does not preclude compensation for services rendered on behalf of

another in court.

Subsection (a) is essentially a rewrite of the repealed portion

of 18 U.S.C. 281. However, subsections (b) and (c) have no

counterparts in the previous statutes.

Subsection (b) makes it unlawful for anyone to offer or pay

compensation the solicitation or receipt of which is barred by

subsection (a).

Subsection (c) narrows the application of subsection (a) in the

case of a person serving as a special Government employee to two,

and only two, situations. First, subsection (c) bars him from

rendering services before the Government on behalf of others, for

compensation, in relation to a matter involving a specific party or

parties in which he has participated personally and substantially

in the course of his Government duties. And second, it bars him

from such activities in relation to a matter involving a specific

party or parties, even though he has not participated in the matter

personally and substantially, if it is pending in his department or

agency and he has served therein more than 60 days in the

immediately preceding period of a year.

New 18 U.S.C. 205. This section contains two major prohibitions.

The first prevents an officer or employee of the United States in

any branch or agency of the Government from acting as agent or

attorney for prosecuting any claim against the United States,

including a claim in court, whether for compensation or not. It

also prevents him from receiving a gratuity, or a share or interest

in any such claim, for assistance in the prosecution thereof. This

portion of section 205 is similar to the repealed portion of 18

U.S.C. 283, which dealt only with claims against the United States,

but it omits a bar contained in the latter - i.e., a bar against

rendering uncompensated aid or assistance in the prosecution or

support of a claim against the United States.

The second main prohibition of section 205 is concerned with more

than claims. It precludes an officer or employee of the Government

from acting as agent or attorney for anyone else before a

department, agency or court in connection with any particular

matter in which the United States is a party or has a direct and

substantial interest.

Section 205 provides for the same limited application to a

special Government employee as section 203. In short, it precludes

him from acting as agent or attorney only (1) in a matter involving

a specific party or parties in which he has participated personally

and substantially in his governmental capacity, and (2) in a matter

involving a specific party or parties which is before his

department or agency, if he has served therein more than 60 days in

the year past.

Since new sections 203 and 205 extend to activities in the same

range of matters, they overlap to a greater extent than did their

predecessor sections 281 and 283. The following are the few

important differences between sections 203 and 205:

1. Section 203 applies to Members of Congress as well as officers

and employees of the Government; section 205 applies only to the

latter.

2. Section 203 bars services rendered for compensation solicited

or received, but not those rendered without such compensation;

section 205 bars both kinds of services.

3. Section 203 bars services rendered before the departments and

agencies but not services rendered in court; section 205 bars both.

It will be seen that while section 203 is controlling as to

Members of Congress, for all practical purposes section 205

completely overshadows section 203 in respect of officers and

employees of the Government.

Section 205 permits a Government officer or employee to represent

another person, without compensation, in a disciplinary, loyalty or

other personnel matter. Another provision declares that the

section does not prevent an officer or employee from giving

testimony under oath or making statements required to be made under

penalty for perjury or contempt. (FOOTNOTE 5)

Section 205 also authorizes a limited waiver of its restrictions

and those of section 203 for the benefit of an officer or employee,

including a special Government employee, who represents his own

parents, spouse or child, or a person or estate he serves as a

fiduciary. The waiver is available to the officer or employee,

whether acting for any such person with or without compensation,

but only if approved by the official making appointments to his

position. And in no event does the waiver extend to his

representation of any such person in matters in which he has

participated personally and substantially or which, even in the

absence of such participation, are the subject of his official

responsibility.

Finally, section 205 gives the head of a department or agency the

power, notwithstanding any applicable restrictions in its

provisions or those of section 203, to allow a special Government

employee to represent his regular employer or other outside

organization in the performance of work under a Government grant or

contract. However, this action is open to the department or agency

head only upon his certification, published in the Federal

Register, that the national interest requires it.

New 18 U.S.C. 207. Subsections (a) and (b) of this section

contain post-employment prohibitions applicable to persons who have

ended service as officers or employees of the executive branch, the

independent agencies or the District of Columbia. (FOOTNOTE 6) The

prohibitions for persons who have served as special Government

employees are the same as for persons who have performed regular

duties.

The restraint of subsection (a) is against a former officer or

employee's acting as agent or attorney for anyone other than the

United States in connection with certain matters, whether pending

in the courts or elsewhere. The matters are those involving a

specific party or parties in which the United States is one of the

parties or has a direct and substantial interest and in which the

former officer or employee participated personally and

substantially while holding a Government position.

Subsection (b) sets forth a 1-year postemployment prohibition in

respect of those matters which were within the area of official

responsibility of a former officer or employee at any time during

the last year of his service but which do not come within

subsection (a) because he did not participate in them personally

and substantially. More particularly, the prohibition of

subsection (b) prevents his personal appearance in such matters

before a court or a department or agency of the Government as agent

or attorney for anyone other than the United States. (FOOTNOTE 7)

Where, in the year prior to the end of his service, a former

officer or employee has changed areas of responsibility by

transferring from one agency to another, the period of his

postemployment ineligibility as to matters in a particular area

ends 1 year after his responsibility for that area ends. For

example, if an individual transfers from a supervisory position in

the Internal Revenue Service to a supervisory position in the Post

Office Department and leaves that department for private employment

9 months later, he will be free of the restriction of subsection

(b) in 3 months insofar as Internal Revenue matters are concerned.

He will of course be bound by it for a year in respect of Post

Office Department matters.

The proviso following subsections (a) and (b) authorizes an

agency head, notwithstanding anything to the contrary in their

provisions, to permit a former officer or employee with outstanding

scientific qualifications to act as attorney or agent or appear

personally before the agency for another in a matter in a

scientific field. This authority may be exercised by the agency

head upon a ''national interest'' certification published in the

Federal Register.

Subsections (a) and (b) describe the activities they forbid as

being in connection with ''particular matter(s) involving a

specific party or parties'' in which the former officer or employee

had participated. The quoted language does not include general

rulemaking, the formulation of general policy or stand-ards, or

other similar matters. Thus, past participation in or official

responsibility for a matter of this kind on behalf of the

Government does not disqualify a former employee from representing

another person in a proceeding which is governed by the rule or

other result of such matter.

Subsection (a) bars permanently a greater variety of actions than

subsection (b) bars temporarily. The conduct made unlawful by the

former is any action as agent or attorney, while that made unlawful

by the latter is a personal appearance as agent or attorney.

However, neither subsection precludes postemployment activities

which may fairly be characterized as no more than aiding or

assisting another. (FOOTNOTE 8) An individual who has left an

agency to accept private employment may, for example, immediately

perform technical work in his company's plant in relation to a

contract for which he had official responsibility - or, for that

matter, in relation to one he helped the agency negotiate. On the

other hand, he is forbidden for a year, in the first case, to

appear personally before the agency as the agent or attorney of his

company in connection with a dispute over the terms of the

contract. And he may at no time appear personally before the

agency or otherwise act as agent or attorney for his company in

such dispute if he helped negotiate the contract.

Comparing subsection (a) with the antecedent 18 U.S.C. 284

discloses that it follows the latter in limiting disqualification

to cases where a former officer or employee actually participated

in a matter for the Government. However, subsection (a) covers all

matters in which the United States is a party or has a direct and

substantial interest and not merely the ''claims against the United

States'' covered by 18 U.S.C. 284. Subsection (a) also goes further

than the latter in imposing a lifetime instead of a 2-year bar.

Subsection (b) has no parallel in 18 U.S.C. 284 or any other

provision of the former conflict of interest statutes.

It will be seen that subsections (a) and (b) in combination are

less restrictive in some respects, and more restrictive in others,

than the combination of the prior 18 U.S.C. 284 and 5 U.S.C. 99.

Thus, former officers or employees who were outside the Government

when the Act came into force on January 21, 1963, will in certain

situations be enabled to carry on activities before the Government

which were previously barred. For example, the repeal of 5 U.S.C.

99 permits an attorney who left an executive department for private

practice a year before to take certain cases against the Government

immediately which would be subject to the bar of 5 U.S.C. 99 for

another year. On the other hand, former officers or employees

became precluded on and after January 21, 1963 from engaging or

continuing to engage in certain activities which were permissible

until that date. This result follows from the replacement of the

2-year bar of 18 U.S.C. 284 with a lifetime bar of subsection (a)

in comparable situations, from the increase in the variety of

matters covered by subsection (a) as compared with 18 U.S.C. 284

and from the introduction of the 1-year bar of subsection (b).

Subsection (c) of section 207 pertains to an individual outside

the Government who is in a business or professional partnership

with someone serving in the executive branch, an independent agency

or the District of Columbia. The subsection prevents such

individual from acting as attorney or agent for anyone other than

the United States in any matter, including those in court, in which

his partner in the Government is participating or has participated

or which are the subject of his partner's official responsibility.

Although included in a section dealing largely with post-employment

activities, this provision is not directed to the postemployment

situation.

The paragraph at the end of section 207 also pertains to

individuals in a partnership but sets forth no prohibition. This

paragraph, which is of importance mainly to lawyers in private

practice, rules out the possibility that an individual will be

deemed subject to section 203, 205, 207(a) or 207(b) solely because

he has a partner who serves or has served in the Government either

as a regular or a special Government employee.

New 18 U.S.C. 208. This section forbids certain actions by an

officer or employee of the Government in his role as a servant or

representative of the Government. Its thrust is therefore to be

distinguished from that of sections 203 and 205 which forbid

certain actions in his capacity as a representative of persons

outside the Government.

Subsection (a) in substance requires an officer or employee of

the executive branch, an independent agency or the District of

Columbia, including a special Government employee, to refrain from

participating as such in any matter in which, to his knowledge, he,

his spouse, minor child or partner has a financial interest. He

must also remove himself from a matter in which a business or

nonprofit organization with which he is connected or is seeking

employment has a financial interest.

Subsection (b) permits the agency of an officer or employee to

grant him an ad hoc exemption from subsection (a) if the outside

financial interest in a matter is deemed not substantial enough to

have an effect on the integrity of his services. Financial

interests of this kind may also be made nondisqualifying by a

general regulation published in the Federal Register.

Section 208 is similar in purpose to the former 18 U.S.C. 434 but

prohibits a greater variety of conduct than the ''transaction of

business with * * * (a) business entity'' to which the prohibition

of section 434 was limited. In addition, the provision in section

208 including the interests of a spouse and others is new, as is

the provision authorizing exemptions for insignificant interest.

New 18 U.S.C. 209. Subsection (a) prevents an officer or employee

of the executive branch, an independent agency or the District of

Columbia from receiving, and anyone from paying him, any salary or

supplementation of salary from a private source as compensation for

his services to the Government. This provision uses much of the

language of the former 18 U.S.C. 1914 and does not vary from that

statute in substance. The remainder of section 209 is new.

Subsection (b) specifically authorizes an officer or employee

covered by subsection (a) to continue his participation in a bona

fide pension plan or other employee welfare or benefit plan

maintained by a former employer.

Subsection (c) provides that section 209 does not apply to a

special Government employee or to anyone serving the Government

without compensation whether or not he is a special Government

employee.

Subsection (d) provides that the section does not prohibit the

payment or acceptance of contributions, awards or other expenses

under the terms of the Government Employees Training Act. (72 Stat.

327, 5 U.S.C. 2301-2319).

STATUTORY EXEMPTIONS FROM CONFLICT OF INTEREST LAWS

Congress has in the past enacted statutes exempting persons in

certain positions - usually advisory in nature - from the

provisions of some or all of the former conflict of interest laws.

Section 2 of the Act grants corresponding exemptions from the new

laws with respect to legislative and judicial positions carrying

such past exemptions. However, section 2 excludes positions in the

executive branch, an independent agency and the District of

Columbia from this grant. As a consequence, all statutory

exemptions for persons serving in these sectors of the Government

ended on January 21, 1963.

RETIRED OFFICERS OF THE ARMED FORCES

Public Law 87-849 enacted a new 18 U.S.C. 206 which provides in

general that the new sections 203 and 205, replacing 18 U.S.C. 281

and 283, do not apply to retired officers of the armed forces and

other uniformed services. However, 18 U.S.C. 281 and 283 contain

special restrictions applicable to retired officers of the armed

forces which are left in force by the partial repealer of those

statutes set forth in section 2 of the Act.

The former 18 U.S.C. 284, which contained a 2-year

disqualification against postemployment activities in connection

with claims against the United States, applied by its terms to

persons who had served as commissioned officers and whose active

service had ceased either by reason of retirement or complete

separation. Its replacement, the broader 18 U.S.C. 207, also

applies to persons in those circumstances. Section 207, therefore

applies to retired officers of the armed forces and overlaps the

continuing provisions of 18 U.S.C. 281 and 283 applicable to such

officers although to a different extent than did 18 U.S.C. 284.

VOIDING TRANSACTIONS IN VIOLATION OF THE CONFLICT OF INTEREST OR

BRIBERY LAWS

Public Law 87-849 enacted a new section, 18 U.S.C. 218, which did

not supplant a pre-existing section of the criminal code. However,

it was modeled on the last sentence of the former 18 U.S.C. 216

authorizing the President to declare a Government contract void

which was entered into in violation of that section. It will be

recalled that section 216 was one of the two statutes repealed

without replacement.

The new 18 U.S.C. 218 grants the President and, under

Presidential regulations, an agency head the power to void and

rescind any transaction or matter in relation to which there has

been a ''final conviction'' for a violation of the conflict of

interest or bribery laws. The section also authorizes the

Government's recovery, in addition to any penalty prescribed by law

or in a contract, of the amount expended or thing transferred on

behalf of the Government.

Section 218 specifically provides that the powers it grants are

''in addition to any other remedies provided by law.'' Accordingly,

it would not seem to override the decision in United States v.

Mississippi Valley Generating Co., 364 U.S. 520 (1961), a case in

which there was no ''final conviction.''

BIBLIOGRAPHY

Set forth below are the citations to the legislative history of

Public Law 87-849 and a list of recent material which is pertinent

to a study of the act. The listed 1960 report of the Association

of the Bar of the City of New York is particularly valuable. For a

comprehensive bibliography of earlier material relating to the

conflict of interest laws, see 13 Record of the Association of the

Bar of the City of New York 323 (May 1958).

LEGISLATIVE HISTORY OF PUBLIC LAW 87-849 (H.R. 8140, 87TH CONG.)

1. Hearings of June 1 and 2, 1961, before the Antitrust

Subcommittee (Subcommittee No. 5) of the House Judiciary Committee,

87th Cong., 1st sess., ser. 3, on Federal Conflict of Interest

Legislation.

2. H. Rept. 748, 87th Cong., 1st sess.

3. 107 Cong., Rec. 14774.

4. Hearing of June 21, 1962, before the Senate Judiciary

Committee, 87th Cong., 2d sess., on Conflicts of Interest.

5. S. Rept. 2213, 87th Cong., 2d sess.

6. 108 Cong. Rec. 20805 and 21130 (daily ed., October 3 and 4,

1962).

OTHER MATERIAL

1. President's special message to Congress, April 27, 1961, and

attached draft bill, 107 Cong. Rec. 6835.

2. President's Memorandum of February 9, 1962, to the heads of

executive departments and agencies entitled Preventing Conflicts of

Interest on the Part of Advisers and Consultants to the Government,

27 F.R. 1341.

3. 42 Op. A.G. No. 6, January 31, 1962.

4. Memorandum of December 10, 1956, for the Attorney General from

the Office of Legal Counsel re conflict of interest statutes,

Hearings before the Antitrust Subcommittee (Subcommittee No. 5) of

House Judiciary Committee, 86th Cong., 2d sess., ser. 17, pt. 2, p.

619.

5. Staff report of Antitrust Subcommittee (Subcommittee No. 5) of

House Judiciary Committee, 85th Cong., 2d sess., Federal Conflict

of Interest Legislation (Comm. Print 1958).

6. Report of the Association of the Bar of the City of New York,

Conflict of Interest and Federal Service (Harvard Univ. Press

1960).

FOOTNOTES

(FOOTNOTE 1) Section 190 of the Revised Statutes (5 U.S.C. 99),

which was repealed by section 3 of Public Law 87-849, applied to a

former officer or employee of the Government who had served in a

department of the executive branch. It prohibited him, for a

period of two years after his employment had ceased, from

representing anyone in the prosecution of a claim against the

United States which was pending in that or any other executive

department during his period of employment. The subject of

post-employment activities of former Government officers and

employees was also dealt with in another statute which was

repealed, 18 U.S.C. 284. Public Law 87-849 covers the subject in a

single section enacted as the new 18 U.S.C. 207.

18 U.S.C. 216, which was repealed by section 1(c) of Public Law

87-849, prohibited the payment to or acceptance by a Member of

Congress or officer or employee of the Government of any money or

thing of value for giving or procuring a Government contract.

Since this offense is within the scope of the newly enacted 18

U.S.C. 201 and 18 U.S.C. 203, relating to bribery and conflicts of

interest, respectively, section 216 is no longer necessary.

(FOOTNOTE 2) See section 2 of Public Law 87-849. 18 U.S.C. 281

and 18 U.S.C. 283 were not completely set aside by section 2 but

remain in effect to the extent that they apply to retired officers

of the Armed Forces (see ''Retired Officers of the Armed Forces,''

infra).

(FOOTNOTE 3) S. Rept. 2213, 87th Cong., 2d sess., p. 6.

(FOOTNOTE 4) The term ''official responsibility'' is defined by

the new 18 U.S.C. 202(b) to mean ''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.''

(FOOTNOTE 5) These two provisions of section 205 refer to an

''officer or employee'' and not, as do certain of the other

provisions of the Act, to an ''officer or employee, including a

special Government employee.'' However, it is plain from the

definition in section 202(a) that a special Government employee is

embraced within the comprehensive term ''officer or employee.''

There would seem to be little doubt, therefore, that the instant

provisions of section 205 apply to special Government employees

even in the absence of an explicit reference to them.

(FOOTNOTE 6) The prohibitions of the two subsections apply to

persons ending service in these areas whether they leave the

Government entirely or move to the legislative or judicial branch.

As a practical matter, however, the prohibitions would rarely be

significant in the latter situation because officers and employees

of the legislative and judicial branches are covered by sections

203 and 205.

(FOOTNOTE 7) Neither section 203 nor section 205 prevents a

special Government employee, during his period of affiliation with

the Government, from representing another person before the

Government in a particular matter only because it is within his

official responsibility. Therefore the inclusion of a former

special Government employee within the 1-year postemployment ban of

subsection (b) may subject him to a temporary restraint from which

he was free prior to the end of his Government service. However,

since special Government employees usually do not have ''official

responsibility,'' as that term is defined in section 202(b), their

inclusion within the 1-year ban will not have a widespread effect.

(FOOTNOTE 8) Subsection (a), as it first appeared in H.R. 8140,

the bill which became Public Law 87-849, made it unlawful for a

former officer or employee to act as agent or attorney for, or aid

or assist, anyone in a matter in which he had participated. The

House Judiciary Committee struck the underlined words, and the bill

became law without them. It should be noted also that the repealed

provisions of 18 U.S.C. 283 made the distinction between one's

acting as agent or attorney for another and his aiding or assisting

another.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2516 of this title;

title 5 sections 3113, 3704; title 7 section 84; title 12 sections

1441a, 1822, 2245; title 15 section 4805; title 43 section 1475a.

-CITE-

18 USC Sec. 202 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 202. Definitions

-STATUTE-

(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, a part-time United

States commissioner, a part-time United States magistrate judge,

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 as a

special Government employee. Notwithstanding section 29(c) and (d)

(FOOTNOTE 1) of the Act of August 10, 1956 (70A Stat. 632; 5 U.S.C.

30r(c) and (d)), 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.

(FOOTNOTE 1) See References in Text note below.

(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.

(d) The term ''Member of Congress'' in sections 204 and 207 means

-

(1) a United States Senator; and

(2) a Representative in, or a Delegate or Resident Commissioner

to, the House of Representatives.

(e) As used in this chapter, the term -

(1) ''executive branch'' includes each executive agency as

defined in title 5, and any other entity or administrative unit

in the executive branch;

(2) ''judicial branch'' means the Supreme Court of the United

States; the United States courts of appeals; the United States

district courts; the Court of International Trade; the United

States bankruptcy courts; any court created pursuant to article I

of the United States Constitution, including the Court of Appeals

for the Armed Forces, the United States Court of Federal Claims,

and the United States Tax Court, but not including a court of a

territory or possession of the United States; the Federal

Judicial Center; and any other agency, office, or entity in the

judicial branch; and

(3) ''legislative branch'' means -

(A) the Congress; and

(B) the Office of the Architect of the Capitol, the United

States Botanic Garden, the General Accounting Office, the

Government Printing Office, the Library of Congress, the Office

of Technology Assessment, the Congressional Budget Office, the

United States Capitol Police, and any other agency, entity,

office, or commission established in the legislative branch.

-SOURCE-

(Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1121;

amended Pub. L. 90-578, title III, Sec. 301(b), Oct. 17, 1968, 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. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub.

L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.

4516; Pub. L. 103-337, div. A, title IX, Sec. 924(d)(1)(B), Oct.

5, 1994, 108 Stat. 2832.)

-REFTEXT-

REFERENCES IN TEXT

Section 29(c) and (d) of the Act of August 10, 1956 (70A Stat.

632; 5 U.S.C. 30r(c) and (d)), referred to in subsec. (a), was

repealed and the provisions thereof were reenacted as sections 502,

2105(d), and 5534, of Title 5, Government Organization and

Employees, by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 278.

-MISC2-

PRIOR PROVISIONS

A prior section 202, act June 25, 1948, ch. 645, 62 Stat. 691,

prescribed penalties for any officer or other person who accepted

or solicited anything of value to influence his decision, prior to

the general amendment of this chapter by Pub. L. 87-849, and is

substantially covered by revised section 201.

AMENDMENTS

1994 - Subsec. (e)(2). Pub. L. 103-337 substituted ''Court of

Appeals for the Armed Forces'' for ''Court of Military Appeals''.

1992 - Subsec. (e)(2). Pub. L. 102-572 substituted ''United

States Court of Federal Claims'' for ''United States Claims

Court''.

1990 - Subsec. (c). Pub. L. 101-280, Sec. 5(a)(1), amended

subsec. (c) generally. Prior to amendment, subsec. (c) read as

follows: ''Except as otherwise provided in such sections, the terms

'officer' and 'employee' in sections 203, 205, 207, 208, and 209 of

this title, mean those individuals defined in sections 2104 and

2105 of title 5. The terms 'officer' and 'employee' shall not

include the President, the Vice President, a Member of Congress, or

a Federal judge.''

Subsec. (d). Pub. L. 101-280, Sec. 5(a)(2), substituted ''means''

for ''shall include''.

Subsec. (e)(1). Pub. L. 101-280, Sec. 5(a)(3)(1), substituted

''includes each'' for ''means any''.

Subsec. (e)(3)(A). Pub. L. 101-280, Sec. 5(a)(3)(2)(A), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: ''a Member of Congress, or any officer or employee of the

United States Senate or United States House of Representatives;

and''.

Subsec. (e)(3)(B). Pub. L. 101-280, Sec. 5(a)(3)(2)(B),

substituted ''the Office'' for ''an officer or employee''.

1989 - Subsecs. (c) to (e). Pub. L. 101-194 added subsecs. (c) to

(e).

1987 - Subsec. (a). Pub. L. 100-191 expanded definition of

''special Government employee'' to include 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,

regardless of the number of days of appointment.

1968 - Subsec. (a). Pub. L. 90-578 substituted ''a part-time

United States commissioner, or a part-time United States

magistrate'' for ''or a part-time United States Commissioner''.

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' substituted for ''United

States magistrate'' in subsec. (a) pursuant to section 321 of Pub.

L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-MISC4-

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-191 effective Dec. 15, 1987, and

applicable to independent counsel proceedings under 28 U.S.C. 591

et seq. pending on that date as well as to proceedings on and after

that date, see section 6 of Pub. L. 100-191, set out as a note

under section 591 of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when

a later effective date is applicable, which is the earlier of date

when implementation of amendment by appointment of magistrates (now

United States magistrate judges) and assumption of office takes

place or third anniversary of enactment of Pub. L. 90-578, see

section 403 of Pub. L. 90-578, set out as a note under section 631

of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE

Section effective 90 days after Oct. 23, 1962, see section 4 of

Pub. L. 87-849, set out as a note under section 201 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 568; title 6

section 451; title 7 sections 2009aa-1, 2009bb-1, 2009dd-3; title

12 section 2245; title 15 sections 3710d, 4805; title 22 sections

3507, 3508; title 26 sections 1043, 4946; title 28 sections 594,

995; title 35 section 5; title 40 section 14309.

-CITE-

18 USC Sec. 203 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 203. Compensation to Members of Congress, officers, and others

in matters affecting the Government

-STATUTE-

(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, rendered or to be rendered either

personally or by another -

(A) at a time when such person is a Member of Congress,

Member of Congress Elect, Delegate, Delegate Elect, Resident

Commissioner, or Resident Commissioner Elect; or

(B) at a time when such person is an officer or employee or

Federal judge of the United States in the executive,

legislative, or judicial branch of the Government, or in any

agency of the United States,

in relation to any proceeding, application, request for a ruling

or other determination, contract, claim, controversy, charge,

accusation, arrest, or other particular matter in which the

United States is a party or has a direct and substantial

interest, before any department, agency, court, court-martial,

officer, or any civil, military, or naval commission; or

(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 subsections

(a) and (b) only in relation to a particular matter involving a

specific party or parties -

(1) in which such employee has at any time participated

personally and substantially as a Government employee or as a

special Government employee through decision, approval,

disapproval, recommendation, the rendering of advice,

investigation or otherwise; or

(2) which is pending in the department or agency of the

Government in which such employee is serving except that

paragraph (2) of this subsection shall not apply in the case of a

special Government employee who has served in such department or

agency no more than sixty days during the immediately preceding

period of three hundred and sixty-five consecutive days.

(d) Nothing in this section prevents an officer or employee,

including a special Government employee, from acting, with or

without compensation, as agent or attorney for or otherwise

representing his parents, spouse, child, or any person for whom, or

for any estate for which, he is serving as guardian, executor,

administrator, trustee, or other personal fiduciary except -

(1) in those matters in which he has participated personally

and substantially as a Government employee or as a special

Government employee through decision, approval, disapproval,

recommendation, the rendering of advice, investigation, or

otherwise; or

(2) in those matters that are the subject of his official

responsibility,

subject to approval by the Government official responsible for

appointment to his position.

(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.

-SOURCE-

(Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1121;

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; 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.)

-MISC1-

PRIOR PROVISIONS

A prior section 203, act June 25, 1948, ch. 645, 62 Stat. 692,

related to the acceptance or demand by district attorneys, or

marshals and their assistants of any fee other than provided by

law, prior to the general amendment of this chapter by Pub. L.

87-849 and is substantially covered by revised section 201.

Provisions similar to those comprising this section were

contained in section 281 of this title prior to the repeal of such

section and the general amendment of this chapter by Pub. L.

87-849.

AMENDMENTS

1990 - Subsec. (a)(1)(B). Pub. L. 101-280, Sec. 5(b)(1), inserted

''or Federal judge'' after ''employee''.

Subsec. (a)(2). Pub. L. 101-280, Sec. 5(b)(2), inserted

''Commissioner Elect, Federal judge,'' after ''Commissioner,''.

Subsec. (b)(2). Pub. L. 101-280, Sec. 5(b)(3), inserted

''representational'' before ''services''.

Subsec. (d)(1). Pub. L. 101-280, Sec. 5(b)(4), substituted

''Government employee or as a special Government employee'' for

''Government employee,''.

Subsec. (f). Pub. L. 101-280, Sec. 5(b)(5), added subsec. (f).

1989 - Subsec. (a). Pub. L. 101-194, Sec. 402(3), in concluding

provisions, substituted ''shall be subject to the penalties set

forth in section 216 of this title'' for ''shall be fined under

this title or imprisoned for not more than two years, or both; and

shall be incapable of holding any office of honor, trust, or profit

under the United States''.

Subsec. (a)(1). Pub. L. 101-194, Sec. 402(1), (2), (7), in

introductory provisions, substituted ''representational services,

as agent or attorney or otherwise,'' for ''services'', in

concluding provisions, inserted ''court,'' after ''department,

agency,'' and in subpar. (B), struck out ''including the District

of Columbia,'' after ''agency of the United States''.

Subsec. (a)(2). Pub. L. 101-194, Sec. 402(4)-(6), inserted

''representational'' before ''services'', ''Member Elect,'' after

''Member,'' and ''Delegate Elect,'' after ''Delegate,''.

Subsec. (b). Pub. L. 101-194, Sec. 402(9), added subsec. (b).

Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 101-194, Sec. 402(8), redesignated subsec.

(b) as (c) and substituted ''subsections (a) and (b)'' for

''subsection (a)''.

Subsecs. (d), (e). Pub. L. 101-194, Sec. 402(10), added subsecs.

(d) and (e).

1986 - Pub. L. 99-646, Sec. 47(a)(3)(D), provided for alignment

of margins of each subsection, paragraph, and subparagraph of this

section.

Subsec. (a). Pub. L. 99-646, Sec. 47(a)(1), (2), substituted

''indirectly - '' for ''indirectly'' in introductory provisions,

redesignated the undesignated par. which followed former subsec.

(b) as concluding par. of subsec. (a), and substituted ''shall be

fined under this title'' for ''Shall be fined not more than

$10,000''.

Subsec. (a)(1). Pub. L. 99-646, Sec. 47(a)(1), substituted ''(1)

demands, seeks, receives, accepts, or agrees to receive or accept

any'' for ''receives or agrees to receive, or asks, demands,

solicits, or seeks, any'' and ''personally or by'' for ''by himself

or'', redesignated former par. (1) as subpar. (A) and substituted

''such person'' for ''he'' and ''Delegate, Delegate Elect'' for

''Delegate from the District of Columbia, Delegate Elect from the

District of Columbia'', redesignated former par. (2) as subpar. (B)

and substituted ''such person'' for ''he'', and in closing

provisions substituted ''commission; or'' for ''commission, or''.

Subsec. (a)(2). Pub. L. 99-646, Sec. 47(a)(2), redesignated

former subsec. (b) as par. (2) and substituted ''knowingly gives''

for ''Whoever, knowingly, otherwise than as provided by law for the

proper discharge of official duties, directly or indirectly gives''

and ''employee;'' for ''employee - ''.

Subsecs. (b), (c). Pub. L. 99-646, Sec. 47(a)(3), (4),

redesignated former subsec. (c) as (b) and substituted ''parties -

'' for ''parties'', ''such employee'' for ''he'', ''otherwise; or''

for ''otherwise, or'', and ''in which such employee is serving

except that paragraph (2) of this subsection'' for ''in which he is

serving: Provided, That clause (2)''. Former subsec. (b)

redesignated (a)(2).

1970 - Subsec. (a)(1). Pub. L. 91-405, Sec. 204(d)(2), included

references to Delegate from District of Columbia and Delegate Elect

from District of Columbia.

Subsec. (b). Pub. L. 91-405, Sec. 204(d)(3), included reference

to Delegate.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 47(b) of Pub. L. 99-646 provided that: ''The amendments

made by this section (amending this section) shall take effect 30

days after the date of enactment of this Act (Nov. 10, 1986).''

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-405 effective Sept. 22, 1970, see section

206(b) of Pub. L. 91-405, set out as an Effective Date note under

section 25a of Title 2, The Congress.

EFFECTIVE DATE

Section effective 90 days after Oct. 23, 1962, see section 4 of

Pub. L. 87-849, set out as a note under section 201 of this title.

-TRANS-

DELEGATION OF AUTHORITY

Authority of President under subsec. (d) of this section to grant

exemptions or approvals to individuals delegated to agency heads,

see section 401 of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R.

15159, as amended, set out as a note under section 7301 of Title 5,

Government Organization and Employees.

Authority of President under subsec. (d) of this section to grant

exemptions or approvals for Presidential appointees to committees,

commissions, boards, or similar groups established by the

President, and for individuals appointed pursuant to sections 105

and 107(a) of Title 3, The President, delegated to Counsel to

President, see section 402 of Ex Ord. No. 12674, Apr. 12, 1989, 54

F.R. 15159, as amended, set out as a note under section 7301 of

Title 5.

-MISC5-

EXEMPTIONS

Section 2 of Pub. L. 87-849 provided in part that: ''All

exemptions from the provisions of sections 281, 282, 283, 284, 434,

or 1914 of title 18 of the United States Code heretofore created or

authorized by statute which are in force on the effective date of

this Act (see Effective Date note under section 201 of this title)

shall, on and after that date, be deemed to be exemptions from

sections 203, 204, 205, 207, 208, or 209, respectively, of title 18

of the United States Code except to the extent that they affect

officers or employees of the executive branch of the United States

Government, of any independent agency of the United States, or of

the District of Columbia, as to whom they are no longer

applicable.''

PRIVATE SECTOR REPRESENTATIVES ON UNITED STATES DELEGATIONS TO

INTERNATIONAL TELECOMMUNICATIONS MEETINGS AND CONFERENCES

Pub. L. 97-241, title I, Sec. 120, Aug. 24, 1982, 96 Stat. 280,

provided that:

''(a) Sections 203, 205, 207, and 208 of title 18, United States

Code, shall not apply to a private sector representative on the

United States delegation to an international telecommunications

meeting or conference who is specifically designated to speak on

behalf of or otherwise represent the interests of the United States

at such meeting or conference with respect to a particular matter,

if the Secretary of State (or the Secretary's designee) certifies

that no Government employee on the delegation is as well qualified

to represent United States interests with respect to such matter

and that such designation serves the national interest. All such

representatives shall have on file with the Department of State the

financial disclosure report required for special Government

employees.

''(b) As used in this section, the term 'international

telecommunications meeting or conference' means the conferences of

the International Telecommunications Union, meetings of its

International Consultative Committees for Radio and for Telephone

and Telegraph, and such other international telecommunications

meetings or conferences as the Secretary of State may designate.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 202, 206, 216 of this

title; title 5 sections 568, 3374, 3704; title 7 sections 2009aa-1,

2009bb-1; title 12 section 2245; title 15 section 4805; title 16

section 459b-7; title 22 sections 3507, 3508, 3613; title 26

section 7802; title 28 section 594; title 30 section 663; title 38

section 5902; title 40 section 14309; title 42 section 1314; title

50 section 405; title 50 App. section 463.

-CITE-

18 USC Sec. 204 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

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

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1122;

amended Pub. L. 91-405, title II, Sec. 204(d)(2), Sept. 22, 1970,

84 Stat. 853; Pub. L. 97-164, title I, 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, title IX, Sec. 902(b)(1), Oct. 29,

1992, 106 Stat. 4516.)

-MISC1-

PRIOR PROVISIONS

A prior section 204, act June 25, 1948, ch. 645, 62 Stat. 692,

related to an offer to influence a Member of Congress, prior to the

general amendment of this chapter by Pub. L. 87-849 and is

substantially covered by revised section 201.

Provisions similar to this section were contained in former

section 282 of this title prior to the repeal of such section and

the general amendment of this chapter by Pub. L. 87-849.

AMENDMENTS

1992 - Pub. L. 102-572 substituted ''United States Court of

Federal Claims'' for ''United States Claims Court'' in section

catchline and in text.

1989 - Pub. L. 101-194 amended section generally. Prior to

amendment, section read as follows: ''Whoever, being a Member of

Congress, Member of Congress Elect, Delegate from the District of

Columbia, Delegate Elect from the District of Columbia, Resident

Commissioner, or Resident Commissioner Elect, practices in the

United States Claims Court or the United States Court of Appeals

for the Federal Circuit, shall be fined not more than $10,000 or

imprisoned for not more than two years, or both, and shall be

incapable of holding any office of honor, trust, or profit under

the United States.''

1982 - Pub. L. 97-164 substituted ''United States Claims Court or

the United States Court of Appeals for the Federal Circuit'' for

''Court of Claims''.

1970 - Pub. L. 91-405 included references to Delegate from

District of Columbia and Delegate Elect from District of Columbia.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-405 effective Sept. 22, 1970, see section

206(b) of Pub. L. 91-405, set out as an Effective Date note under

section 25a of Title 2, The Congress.

EFFECTIVE DATE

Section effective 90 days after Oct. 23, 1962, see section 4 of

Pub. L. 87-849, set out as a note under section 201 of this title.

EXEMPTIONS

Exemptions from former section 282 of this title deemed to be

exemptions from this section, see section 2 of Pub. L. 87-849, set

out as a note under section 203 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 202, 216 of this title;

title 5 section 568; title 7 sections 2009aa-1, 2009bb-1; title 28

section 594; title 40 section 14309.

-CITE-

18 USC Sec. 205 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 205. Activities of officers and employees in claims against

and other matters affecting the Government

-STATUTE-

(a) Whoever, being an officer or employee of the United States in

the executive, legislative, or judicial branch of the Government or

in any agency of the United States, other than in the proper

discharge of his official duties -

(1) acts as agent or attorney for prosecuting any claim against

the United States, or receives any gratuity, or any share of or

interest in any such claim, in consideration of assistance in the

prosecution of such claim; or

(2) acts as agent or attorney for anyone before any department,

agency, court, court-martial, officer, or civil, military, or

naval commission in connection with any covered matter in which

the United States is a party or has a direct and substantial

interest;

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

title.

(b) Whoever, being an officer or employee of the District of

Columbia or an officer or employee of the Office of the United

States Attorney for the District of Columbia, otherwise than in the

proper discharge of official duties -

(1) acts as agent or attorney for prosecuting any claim against

the District of Columbia, or receives any gratuity, or any share

of or interest in any such claim in consideration of assistance

in the prosecution of such claim; or

(2) acts as agent or attorney for anyone before any department,

agency, court, officer, or commission in connection with any

covered matter in which the District of Columbia is a party or

has a direct and substantial interest;

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

title.

(c) A special Government employee shall be subject to subsections

(a) and (b) only in relation to a covered matter involving a

specific party or parties -

(1) in which he has at any time participated personally and

substantially as a Government employee or special Government

employee through decision, approval, disapproval, recommendation,

the rendering of advice, investigation, or otherwise; or

(2) which is pending in the department or agency of the

Government in which he is serving.

Paragraph (2) shall not apply in the case of a special Government

employee who has served in such department or agency no more than

sixty days during the immediately preceding period of three hundred

and sixty-five consecutive days.

(d)(1) Nothing in subsection (a) or (b) prevents an officer or

employee, if not inconsistent with the faithful performance of that

officer's or employee's duties, from acting without compensation as

agent or attorney for, or otherwise representing -

(A) any person who is the subject of disciplinary, loyalty, or

other personnel administration proceedings in connection with

those proceedings; or

(B) except as provided in paragraph (2), any cooperative,

voluntary, professional, recreational, or similar organization or

group not established or operated for profit, if a majority of

the organization's or group's members are current officers or

employees of the United States or of the District of Columbia, or

their spouses or dependent children.

(2) Paragraph (1)(B) does not apply with respect to a covered

matter that -

(A) is a claim under subsection (a)(1) or (b)(1);

(B) is a judicial or administrative proceeding where the

organization or group is a party; or

(C) involves a grant, contract, or other agreement (including a

request for any such grant, contract, or agreement) providing for

the disbursement of Federal funds to the organization or group.

(e) Nothing in subsection (a) or (b) prevents an officer or

employee, including a special Government employee, from acting,

with or without compensation, as agent or attorney for, or

otherwise representing, his parents, spouse, child, or any person

for whom, or for any estate for which, he is serving as guardian,

executor, administrator, trustee, or other personal fiduciary

except -

(1) in those matters in which he has participated personally

and substantially as a Government employee or special Government

employee through decision, approval, disapproval, recommendation,

the rendering of advice, investigation, or otherwise, or

(2) in those matters which are the subject of his official

responsibility,

subject to approval by the Government official responsible for

appointment to his position.

(f) Nothing in subsection (a) or (b) prevents a special

Government employee from acting as agent or attorney for another

person in the performance of work under a grant by, or a contract

with or for the benefit of, the United States if the head of the

department or agency 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.

-SOURCE-

(Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1122;

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.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Service Act of 1980, referred to in subsec. (i)(4),

is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended.

Chapter 10 of title I of the Act is classified generally to

subchapter X (Sec. 4101 et seq.) of chapter 52 of Title 22, Foreign

Relations and Intercourse. For complete classification of this Act

to the Code, see Short Title note set out under section 3901 of

Title 22 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 205, act June 25, 1948, ch. 645, 62 Stat. 692,

related to the acceptance by a Member of Congress of anything of

value to influence him, prior to the general amendment of this

chapter by Pub. L. 87-849 and is substantially covered by revised

section 201.

Provisions similar to those comprising this section were

contained in section 283 of this title prior to the repeal of such

section and the general amendment of this chapter by Pub. L.

87-849.

AMENDMENTS

2002 - Subsec. (d)(1)(B). Pub. L. 107-273 substituted ''group's''

for ''groups's''.

1996 - Subsec. (d). Pub. L. 104-177, Sec. 2(a), amended subsec.

(d) generally. Prior to amendment, subsec. (d) read as follows:

''Nothing in subsection (a) or (b) prevents an officer or employee,

if not inconsistent with the faithful performance of his duties,

from acting without compensation as agent or attorney for, or

otherwise representing, any person who is the subject of

disciplinary, loyalty, or other personnel administration

proceedings in connection with those proceedings.''

Subsec. (i). Pub. L. 104-177, Sec. 2(b), added subsec. (i).

1990 - Subsec. (a)(2). Pub. L. 101-280, Sec. 5(c)(1), substituted

''civil'' for ''any civil''.

Subsec. (b)(2). Pub. L. 101-280, Sec. 5(c)(2), substituted

''commission'' for ''any commission''.

1989 - Pub. L. 101-194 amended section generally, revising and

restating as subsecs. (a) to (h) provisions formerly consisting of

eight undesignated pars.

EFFECTIVE DATE

Section effective 90 days after Oct. 23, 1962, see section 4 of

Pub. L. 87-849, set out as a note under section 201 of this title.

-TRANS-

DELEGATION OF AUTHORITY

Authority of President under subsec. (e) of this section to grant

exemptions or approvals to individuals delegated to agency heads,

see section 401 of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R.

15159, as amended, set out as a note under section 7301 of Title 5,

Government Organization and Employees.

Authority of President under subsec. (e) of this section to grant

exemptions or approvals for Presidential appointees to committees,

commissions, boards, or similar groups established by the

President, and for individuals appointed pursuant to sections 105

and 107(a) of Title 3, The President, delegated to Counsel to

President, see section 402 of Ex Ord. No. 12674, Apr. 12, 1989, 54

F.R. 15159, as amended, set out as a note under section 7301 of

Title 5.

-MISC5-

EXEMPTIONS

Exemptions from former section 283 of this title deemed to be

exemptions from this section, see section 2 of Pub. L. 87-849, set

out as a note under section 203 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 202, 206, 216 of this

title; title 5 sections 568, 3374, 3704; title 7 sections 2008m,

2009aa-1, 2009bb-1, 2009dd-2; title 10 section 942; title 12

section 2245; title 15 section 4805; title 16 section 459b-7; title

22 sections 3507, 3508, 3613; title 25 section 450i; title 26

section 7802; title 28 section 594; title 30 section 663; title 38

section 5902; title 40 section 14309; title 41 section 120; title

42 sections 1314, 2297h-3; title 50 section 405; title 50 App.

section 463.

-CITE-

18 USC Sec. 206 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 206. Exemption of retired officers of the uniformed services

-STATUTE-

Sections 203 and 205 of this title shall not apply to a retired

officer of the uniformed services of the United States while not on

active duty and not otherwise an officer or employee of the United

States, or to any person specially excepted by Act of Congress.

-SOURCE-

(Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1123.)

-MISC1-

PRIOR PROVISIONS

A prior section 206, act June 25, 1948, ch. 645, 62 Stat. 692,

related to an offer to a judge or judicial officer to influence

him, prior to the general amendment of this chapter by Pub. L.

87-849 and is substantially covered by revised section 201.

EFFECTIVE DATE

Section effective 90 days after Oct. 23, 1962, see section 4 of

Pub. L. 87-849, set out as a note under section 201 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 202 of this title; title 5

section 568; title 7 sections 2009aa-1, 2009bb-1; title 12 section

2245; title 28 section 594; title 38 section 5902; title 40 section

14309.

-CITE-

18 USC Sec. 207 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 207. Restrictions on former officers, employees, and elected

officials of the executive and legislative branches

-STATUTE-

(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.

(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 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 the basic rate of pay, exclusive of

any locality-based pay adjustment under section 5302 of title 5

(or any comparable adjustment pursuant to interim authority of

the President), is equal to or greater than the rate of basic

pay payable for level 5 of the Senior Executive Service,

(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,

(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 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 1 year 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.

(e) Restrictions on Members of Congress and Officers and

Employees of the Legislative Branch. -

(1) Members of congress and elected officers. - (A) Any person

who is a Member of Congress or an elected officer of either House

of Congress 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 subparagraph (B) or (C), 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.

(B) The persons referred to in subparagraph (A) with respect to

appearances or communications by a former Member of Congress are

any Member, officer, or employee of either House of Congress, and

any employee of any other legislative office of the Congress.

(C) The persons referred to in subparagraph (A) with respect to

appearances or communications by a former elected officer are any

Member, officer, or employee of the House of Congress in which

the elected officer served.

(2) Personal staff. - (A) Any person who is an employee of a

Senator or an employee of a Member of the House of

Representatives 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 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 Senator or Member of the House of Representatives for

whom that person was an employee; and

(ii) any employee of that Senator or Member of the House of

Representatives.

(3) Committee staff. - Any person who is an employee of a

committee of Congress and who, within 1 year after the

termination of that person's employment on such committee,

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 who was a Member of the committee in the

year immediately prior to the termination of such person's

employment by the committee, 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.

(4) Leadership staff. - (A) Any person who is an employee on

the leadership staff of the House of Representatives or an

employee on the leadership staff of the Senate 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 the

following:

(i) in the case of a former employee on the leadership staff

of the House of Representatives, those persons are any Member

of the leadership of the House of Representatives and any

employee on the leadership staff of the House of

Representatives; and

(ii) in the case of a former employee on the leadership staff

of the Senate, those persons are any Member of the leadership

of the Senate and any employee on the leadership staff of the

Senate.

(5) Other legislative offices. - (A) Any person who is an

employee of any other legislative office of the Congress 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

employees and officers of the former legislative office of the

Congress of the former employee.

(6) Limitation on restrictions. - (A) The restrictions

contained in paragraphs (2), (3), and (4) 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 (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 employed in a position

for which the rate of basic pay, exclusive of any locality-based

pay adjustment under section 5302 of title 5 (or any comparable

adjustment pursuant to interim authority of the President), is

equal to or greater than the basic rate of pay payable for level

5 of the Senior Executive Service.

(7) 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 General

Accounting Office, the Government Printing Office, the Library

of Congress, the Office of Technology Assessment, the

Congressional Budget Office, the Copyright Royalty Tribunal,

the United States Capitol Police, and any other agency, entity,

or office in the legislative branch not covered by paragraph

(1), (2), (3), or (4) of this subsection;

(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.

(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 subsections (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. - The restrictions contained in

this section shall not apply to acts done in carrying out

official duties on behalf of the United States or the District of

Columbia or as an elected official of a State or local

government.

(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, or a hospital or medical research organization,

exempted and defined under section 501(c)(3) of the Internal

Revenue Code of 1986, 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 order, serve as an expert witness for 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 (FOOTNOTE

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 -

(FOOTNOTE 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 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.

(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.

-SOURCE-

(Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1123;

amended Pub. L. 95-521, title V, Sec. 501(a), Oct. 26, 1978, 92

Stat. 1864; Pub. L. 96-28, 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. 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. 1427, 1440; Pub. L. 102-25,

title VII, Sec. 705(a), Apr. 6, 1991, 105 Stat. 120; Pub. L.

102-190, div. C, 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. 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. 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. 3009-314, 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.)

-REFTEXT-

REFERENCES IN TEXT

Section 1102 of the Omnibus Trade and Competitiveness Act of

1988, referred to in subsec. (b)(2)(A), is classified to section

2902 of Title 19, Customs Duties.

Senior Executive Service, referred to in subsecs. (c)(2)(A)(ii)

and (e)(6)(B), see section 5382 of Title 5, Government Organization

and Employees.

Levels I and II of the Executive Schedule, referred to in subsec.

(d)(1)(B), are set out in sections 5312 and 5313, respectively, of

Title 5.

Section 102(a) of the Ethics Reform Act of 1989, referred to in

subsec. (e)(7)(L), (M), is section 102(a) of Pub. L. 101-194, which

is set out below.

Section 1(e) and (f) of the Foreign Agents Registration Act of

1938, referred to in subsec. (f)(3), is classified to section

611(e) and (f) of Title 22, Foreign Relations and Intercourse.

Section 101 of the Higher Education Act of 1965, referred to in

subsec. (j)(2)(B), is classified to section 1001 of Title 20,

Education.

Section 501(c)(3) of the Internal Revenue Code of 1986, referred

to in subsec. (j)(2)(B), is classified to section 501(c)(3) of

Title 26, Internal Revenue Code.

-COD-

CODIFICATION

Another section 501(a) of Pub. L. 95-521, as added by Pub. L.

101-194, title VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1760, is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC3-

PRIOR PROVISIONS

A prior section 207, act June 25, 1948, ch. 645, 62 Stat. 692,

related to the acceptance of a bribe by a judge, prior to the

general amendment of this chapter by Pub. L. 87-849 and is

substantially covered by revised section 201.

Provisions similar to those comprising this section were

contained in section 284 of this title prior to the repeal of such

section and the general amendment of this chapter by Pub. L.

87-849.

AMENDMENTS

2002 - Subsec. (c)(2)(A)(v). Pub. L. 107-347, Sec. 209(d)(1),

added cl. (v).

Subsec. (l). Pub. L. 107-347, Sec. 209(d)(3), added subsec. (l).

1998 - Subsec. (j)(2)(B). Pub. L. 105-244 substituted ''section

101'' for ''section 1201(a)''.

1996 - Subsec. (c)(2)(A)(ii). Pub. L. 104-179, Sec. 6,

substituted ''level 5 of the Senior Executive Service,'' for

''level V of the Executive Schedule,''.

Subsec. (e)(6)(B). Pub. L. 104-208 substituted ''level 5 of the

Senior Executive Service'' for ''level V of the Executive

Schedule''.

Subsec. (j). Pub. L. 104-179, Sec. 5, added par. (7).

1995 - Subsec. (f)(2). Pub. L. 104-65 inserted ''or Deputy United

States Trade Representative'' after ''is the United States Trade

Representative'' and substituted ''at any time'' for ''within 3

years''.

1994 - Subsec. (a)(3). Pub. L. 103-322, Sec. 330010(15),

substituted ''restrictions'' for ''Restrictions'' in heading.

Subsec. (c)(2)(A)(ii). Pub. L. 103-322, Sec. 330002(i),

substituted a comma for semicolon at end.

1992 - Subsec. (f)(2), (3). Pub. L. 102-395 added par. (2) and

redesignated former par. (2) as (3).

1991 - Subsec. (k). Pub. L. 102-25 reinstated subsec. (k) as

originally enacted by Pub. L. 101-189. See 1989 Amendment note and

Effective Date of 1991 Amendments note below.

Subsec. (k)(1)(B). Pub. L. 102-190 designated existing provisions

as cl. (i) and added cl. (ii).

1990 - Subsec. (a)(1). Pub. L. 101-280, Sec. 2(a)(1), amended

subsec. (a)(1), as amended by Pub. L. 101-194, by inserting

''(including any special Government employee)'' after ''who is an

officer or employee'', striking out ''Government'' after

''executive branch of the United States'', ''and any special

Government employee'' after ''independent agency of the United

States'', ''Government'' after ''employment with the United

States'', ''as the case may be,'' before ''knowingly makes'' and

before ''on behalf of'', inserting ''or the District of Columbia''

after ''(except the United States'', and in subpar. (A) inserting

''or the District of Columbia'' after ''United States''.

Subsec. (a)(2). Pub. L. 101-280, Sec. 2(a), amended subsec.

(a)(2), as amended by Pub. L. 101-194, by substituting ''or the

District of Columbia, knowingly'' for ''Government, knowingly'' and

''(except the United States or the District of Columbia)'' for

''(except the United States)'', in subpar. (A) inserting ''or the

District of Columbia'' after ''United States)'', and in subpar. (B)

striking out ''Government'' after ''United States''.

Subsec. (a)(3). Pub. L. 101-280, Sec. 2(a)(3), amended subsec.

(a), as amended by Pub. L. 101-194, by adding par. (3).

Subsec. (b)(1). Pub. L. 101-280, Sec. 2(a)(4), amended subsec.

(b)(1), as amended by Pub. L. 101-194, by substituting ''a former

officer or employee of the executive branch of the United States

(including any independent agency) and is'' for ''a former officer

or employee'', substituting ''or any person who is a former officer

or employee of the legislative branch or a former Member of

Congress'' for ''and any person described in subsection (e)(7)'',

substituting ''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'' for ''and which is so designated by the appropriate

department or agency, shall not, on the basis of that information,

which the person knew or should have known was so designated,

knowingly represent'', inserting ''a period of'' before ''1 year'',

and striking out ''Government'' before ''terminates''.

Subsec. (c). Pub. L. 101-280, Sec. 5(d), substituted ''shall be

subject to the penalties set forth in section 216 of this title''

for ''shall be fined not more than $10,000 or imprisoned for not

more than two years, or both'' in concluding provisions of subsec.

(c) as in effect on May 4, 1990.

Subsec. (c)(1). Pub. L. 101-280, Sec. 2(a)(5)(A), amended subsec.

(c)(1), as amended by Pub. L. 101-194, by substituting ''(including

any special Government employee) of the executive branch of the

United States'' for ''of the executive branch''.

Subsec. (c)(2)(A)(i). Pub. L. 101-280, Sec. 2(a)(5)(B)(i),

amended subsec. (c)(2)(A)(i), as amended by Pub. L. 101-194, by

inserting ''specified in or'' after ''employed at a rate of pay''

and striking out ''or a comparable or greater rate of pay under

other authority,'' after ''chapter 53 of title 5,''.

Subsec. (c)(2)(A)(ii). Pub. L. 101-509, Sec. 529 (title I, Sec.

101(b)(8)(A)(i)), added cl. (ii) and struck out former cl. (ii)

which read as follows: ''employed in a position which is not

referred to in clause (i) and for which the rate of basic pay is

equal to or greater than the rate of basic pay payable for GS-17 of

the General Schedule,''.

Pub. L. 101-280, Sec. 2(a)(5)(B)(ii), amended subsec.

(a)(2)(A)(ii), as amended by Pub. L. 101-194, by substituting

''rate of basic'' for ''basic rate of'' wherever appearing.

Subsec. (c)(2)(C), (D). Pub. L. 101-280, Sec. 2(a)(5)(B)(iii),

amended subsec. (c)(2)(C), (D), as amended by Pub. L. 101-194, by

redesignating subpar. (D) as (C) and striking out former subpar.

(C) which read as follows: ''Subparagraph (A)(ii) includes persons

employed in the Senior Executive Service at the basic rate of pay

specified in that subparagraph.''

Subsec. (d)(1)(B). Pub. L. 101-280, Sec. 2(a)(6)(A), amended

subsec. (d)(1)(B), as amended by Pub. L. 101-194, by substituting

''in the executive branch of the United States (including any

independent agency)'' for ''paid''.

Subsec. (d)(2). Pub. L. 101-280, Sec. 2(a)(6)(B), amended subsec.

(d)(2), as amended by Pub. L. 101-194, by substituting ''Persons

who may not be contacted'' for ''Entities to which restrictions

apply'' in heading, and striking out ''other'' after ''any'' in

subpar. (B).

Subsec. (e)(6). Pub. L. 101-509, Sec. 529 (title I, Sec.

101(b)(8)(A)(ii)), added par. (6) and struck out former par. (6)

which read as follows: ''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 for such service at a rate of basic pay equal to or

greater than the rate of basic pay payable for GS-17 of the General

Schedule under section 5332 of title 5.''

Pub. L. 101-280, Sec. 2(a)(7)(A), amended subsec. (e)(6), as

amended by Pub. L. 101-194, by substituting ''rate of basic'' for

''basic rate of'' wherever appearing.

Subsec. (e)(7)(L), (M). Pub. L. 101-280, Sec. 2(a)(7)(B), amended

subsec. (e)(7)(L), (M), as amended by Pub. L. 101-194, by inserting

''on or'' before ''after the effective date''.

Subsec. (f)(1). Pub. L. 101-280, Sec. 2(a)(8)(A), amended subsec.

(f)(1), as amended by Pub. L. 101-194, by substituting ''such

subsection'' for ''subsection (c), (d), or (e), as the case may

be''.

Subsec. (f)(1)(A). Pub. L. 101-280, Sec. 2(a)(8)(B), amended

subsec. (f)(1)(A), as amended by Pub. L. 101-194, by striking out

''the interests of'' after ''represents'' and ''of the Government''

after ''department or agency''.

Subsec. (f)(1)(B). Pub. L. 101-280, Sec. 2(a)(8)(C), amended

subsec. (f)(1)(B), as amended by Pub. L. 101-194, by striking out

''of the Government'' after ''department or agency''.

Subsec. (i)(1). Pub. L. 101-280, Sec. 2(a)(9), amended subsec.

(i)(1), as amended by Pub. L. 101-194, by adding par. (1) and

striking out former par. (1) which read as follows: ''the term

'intent to influence' means the intent to affect any official

action by a Government entity of the United States through any

officer or employee of the United States, including Members of

Congress;''.

Subsec. (j)(1). Pub. L. 101-280, Sec. 2(a)(10)(A), amended

subsec. (j)(1), as amended by Pub. L. 101-194, by substituting

''this section'' for ''subsections (a), (c), (d), and (e)'', ''on

behalf of'' for ''as an officer or employee of'', and ''or the

District of Columbia'' for ''Government''.

Subsec. (j)(3). Pub. L. 101-280, Sec. 2(a)(10)(B), amended

subsec. (j)(3), as amended by Pub. L. 101-194, by substituting

''this section'' for ''subsections (c), (d), and (e)'' and ''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'' for ''of which the United States is a member''.

Subsec. (j)(4). Pub. L. 101-280, Sec. 2(a)(10)(C), amended

subsec. (j)(4), as amended by Pub. L. 101-194, by substituting

''Special'' for ''Personal matters and special'' in heading,

substituting ''prevent an individual'' for ''apply to appearances

or communications by a former officer or employee concerning

matters of a personal and individual nature, such as personal

income taxes or pension benefits; nor shall the prohibitions of

those subsections prevent a former officer or employee'',

substituting ''individual's'' for ''former officer's or

employee's'', and striking out '', other than that regularly

provided for by law or regulation for witnesses'' after ''if no

compensation is thereby received''.

Subsec. (j)(5). Pub. L. 101-280, Sec. 2(a)(10)(D), amended

subsec. (j)(5), as amended by Pub. L. 101-194, by substituting

''and (d)'' for ''(d), and (e)'' and inserting ''For purposes of

this paragraph, the term 'officer or employee' includes the Vice

President.''

Subsec. (j)(6). Pub. L. 101-280, Sec. 2(a)(10)(E)(ii), amended

subsec. (j)(6), as amended by Pub. L. 101-194, by substituting

''sentence - '' for ''sentence, a former officer or employee

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

United States) in that matter.'' and adding subpars. (A) and (B).

Pub. L. 101-280, Sec. 2(a)(10)(E)(i), amended subsec. (j)(6), as

amended by Pub. L. 101-194, by substituting ''an individual'' for

''a former Member of Congress or officer or employee of the

executive or legislative branch or an independent agency (including

the Vice President and any special Government employee)''.

1989 - Pub. L. 101-194 amended section generally, substituting

''Restrictions on former officers, employees, and elected officials

of the executive and legislative branches'' for ''Disqualification

of former officers and employees; disqualification of partners of

current officers and employees'' as section catchline and making

extensive changes in content and structure of text. For text of

section as it existed prior to the general amendment by Pub. L.

101-194, see Effective Date of 1989 Amendment; Effect on Employment

note set out below.

Subsec. (k). Pub. L. 101-189 added subsec. (k).

1979 - Subsec. (b). Pub. L. 96-28, Sec. 1, substituted ''by

personal presence at any formal or informal appearance'' for

''concerning any formal or informal appearance'' in cl. (ii) of

provisions before par. (1), and, in par. (3), inserted ''as to

(i),'' before ''which was actually pending'' and '', as to (ii),''

before ''in which he participated''.

Subsec. (d). Pub. L. 96-28, Sec. 2, designated existing

provisions as par. (1), designated existing pars. (1) and (3) as

subpars. (A) and (B) of par. (1) as so designated, and added

subpar. (C) of par. (1) and par. (2), incorporating into the new

par. and subpar. portions of former provisions relating to

positions for which the basic rate of pay was equal to or greater

than the basic rate of pay for GS-17 of the General Schedule

prescribed by section 5332 of Title 5 and who had significant

decision-making or supervisory responsibility, as designated by the

Director of the Office of Government Ethics, in consultation with

the head of the department or agency concerned, and provisions

relating to the designation of positions by the Director of the

Office of Government Ethics.

1978 - Pub. L. 95-521 expanded section to include provisions

designed to more effectively deal with the problem of the

disproportionate influence former officers and employees might have

upon the government processes and decision-making in their previous

departments or agencies when they return in the role of

representatives or advocates of nongovernmental groups or interests

before those same departments or agencies.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-347 effective 120 days after Dec. 17,

2002, see section 402(a) of Pub. L. 107-347, set out as an

Effective Date note under section 3601 of Title 44, Public Printing

and Documents.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

EFFECTIVE DATE OF 1995 AMENDMENT

Section 21(c) of Pub. L. 104-65 provided that: ''The amendments

made by this section (amending this section and section 2171 of

Title 19, Customs Duties) shall apply with respect to an individual

appointed as United States Trade Representative or as a Deputy

United States Trade Representative on or after the date of

enactment of this Act (Dec. 19, 1995).''

EFFECTIVE DATE OF 1992 AMENDMENT

Section 609(b) of Pub. L. 102-395 provided that: ''This section

(amending this section) shall not apply to the person serving as

the United States Trade Representative at the date of enactment of

this Act (Oct. 6, 1992).''

EFFECTIVE DATE OF 1991 AMENDMENTS

Section 3138(b) of Pub. L. 102-190 provided that: ''The

amendments made by subsection (a) (amending this section) shall

take effect on the date of the enactment of this Act (Dec. 5, 1991)

and shall apply to persons granted waivers under section 207(k)(1)

of title 18, United States Code, on or after that date.''

Section 705(a) of Pub. L. 102-25 provided that subsec. (k), added

by Pub. L. 101-189 and omitted in the general amendment of this

section by Pub. L. 101-194, is reinstated as originally enacted,

effective as of Jan. 1, 1991.

EFFECTIVE DATE OF 1990 AMENDMENTS

Section 529 (title I, Sec. 101(b)(8)(B)) of Pub. L. 101-509

provided that: ''The amendments made by subparagraph (A) (amending

this section) take effect on January 1, 1991.''

Amendment by Pub. L. 101-280 effective May 4, 1990, see section

11 of Pub. L. 101-280, set out as a note under section 101 of Pub.

L. 95-521 in the Appendix to Title 5, Government Organization and

Employees.

EFFECTIVE DATE OF 1989 AMENDMENT; EFFECT ON EMPLOYMENT

Section 102 of Pub. L. 101-194, as amended by Pub. L. 101-280,

Sec. 2(b), May 4, 1990, 104 Stat. 152, provided that:

''(a) In General. - (1) Subject to paragraph (2) and to

subsection (b), the amendments made by section 101 (amending this

section) take effect on January 1, 1991.

''(2) Subject to subsection (b), the amendments made by section

101 take effect at noon on January 3, 1991, with respect to Members

of Congress (within the meaning of section 207 of title 18, United

States Code).

''(b) Effect on Employment. - (1) The amendments made by section

101 apply only to persons whose service as a Member of Congress,

the Vice President, or an officer or employee to which such

amendments apply terminates on or after the effective date of such

amendments.

''(2) With respect to service as an officer or employee which

terminates before the effective date set forth in subsection (a),

section 207 of title 18, United States Code, as in effect at the

time of the termination of such service, shall continue to apply,

on and after such effective date, with respect to such service.''

Prior to the effective date of the amendment by Pub. L. 101-194,

section 207 read as follows:

''Sec. 207. Disqualification of former officers and employees;

disqualification of partners of current officers and employees

''(a) Whoever, having been an officer or employee of the

executive branch of the United States Government, of any

independent agency of the United States, or of the District of

Columbia, including a special Government employee, after his

employment has ceased, knowingly acts as agent or attorney for, or

otherwise represents, any other person (except the United States),

in any formal or informal appearance before, or, with the intent to

influence, makes any oral or written communication on behalf of any

other person (except the United States) to -

''(1) any department, agency, court, court-martial, or any

civil, military, or naval commission of the United States or the

District of Columbia, or any officer or employee thereof, and

''(2) in connection with any judicial or other proceeding,

application, request for a ruling or other determination,

contract, claim, controversy, investigation, charge, accusation,

arrest, or other particular matter involving a specific party or

parties in which the United States or the District of Columbia is

a party or has a direct and substantial interest, and

''(3) in which he participated personally and substantially as

an officer or employee through decision, approval, disapproval,

recommendation, the rendering of advice, investigation or

otherwise, while so employed; or

''(b) Whoever, (i) having been so employed, within two years

after his employment has ceased, knowingly acts as agent or

attorney for, or otherwise represents, any other person (except the

United States), in any formal or informal appearance before, or,

with the intent to influence, makes any oral or written

communication on behalf of any other person (except the United

States) to, or (ii) having been so employed and as specified in

subsection (d) of this section, within two years after his

employment has ceased, knowingly represents or aids, counsels,

advises, consults, or assists in representing any other person

(except the United States) by personal presence at any formal or

informal appearance before -

''(1) any department, agency, court, court-martial, or any

civil, military or naval commission of the United States or the

District of Columbia, or any officer or employee thereof, and

''(2) in connection with any judicial or other proceeding,

application, request for a ruling or other determination,

contract, claim, controversy, investigation, charge, accusation,

arrest or other particular matter involving a specific party or

parties in which the United States or the District of Columbia is

a party or has a direct and substantial interest, and

''(3) as to (i), which was actually pending under his official

responsibility as an officer or employee within a period of one

year prior to the termination of such responsibility, or, as to

(ii), in which he participated personally and substantially as an

officer or employee; or

''(c) Whoever, other than a special Government employee who

serves for less than sixty days in a given calendar year, having

been so employed as specified in subsection (d) of this section,

within one year after such employment has ceased, knowingly acts as

agent or attorney for, or otherwise represents, anyone other than

the United States in any formal or informal appearance before, or,

with the intent to influence, makes any oral or written

communication on behalf of anyone other than the United States, to

-

''(1) the department or agency in which he served as an officer

or employee, or any officer or employee thereof, and

''(2) in connection with any judicial, rulemaking, or other

proceeding, application, request for a ruling or other

determination, contract, claim, controversy, investigation,

charge, accusation, arrest, or other particular matter, and

''(3) which is pending before such department or agency or in

which such department or agency has a direct and substantial

interest -

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

title.

''(d)(1) Subsection (c) of this section shall apply to a person

employed -

''(A) at a rate of pay specified in or fixed according to

subchapter II of chapter 53 of title 5, United States Code, or a

comparable or greater rate of pay under other authority;

''(B) on active duty as a commissioned officer of a uniformed

service assigned to pay grade of O-9 or above as described in

section 201 of title 37, United States Code; or

''(C) in a position which involves significant decision-making

or supervisory responsibility, as designated under this

subparagraph by the Director of the Office of Government Ethics,

in consultation with the department or agency concerned. Only

positions which are not covered by subparagraphs (A) and (B)

above, and for which the basic rate of pay is equal to or greater

than the basic rate of pay for GS-17 of the General Schedule

prescribed by section 5332 of title 5, United States Code, or

positions which are established within the Senior Executive

Service pursuant to the Civil Service Reform Act of 1978, or

positions of active duty commissioned officers of the uniformed

services assigned to pay O-7 or O-8, as described in section 201

of title 37, United States Code, may be designated. As to

persons in positions designated under this subparagraph, the

Director may limit the restrictions of subsection (c) to permit a

former officer or employee, who served in a separate agency or

bureau within a department or agency, to make appearances before

or communications to persons in an unrelated agency or bureau,

within the same department or agency, having separate and

distinct subject matter jurisdiction, upon a determination by the

Director that there exists no potential for use of undue

influence or unfair advantage based on past government service.

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 responsibilities under this

paragraph.

''(2) The prohibition of subsection (c) shall not apply to

appearances, communications, or representation by a former officer

or employee, who is -

''(A) an elected official of a State or local government, or

''(B) whose principal occupation or employment is with (i) an

agency or instrumentality of a State or local government, (ii) an

accredited, degree-granting institution of higher education, as

defined in section 1201(a) of the Higher Education Act of 1965,

or (iii) a hospital or medical research organization, exempted

and defined under section 501(c)(3) of the Internal Revenue Code

of 1986, and the appearance, communication, or representation is

on behalf of such government, institution, hospital, or

organization.

''(e) For the purposes of subsection (c), whenever the Director

of the Office of Government Ethics determines that a separate

statutory agency or bureau within a department or agency exercises

functions which are distinct and separate from the remaining

functions of the department or agency, the Director shall by rule

designate such agency or bureau as a separate department or agency;

except that such designation shall not apply to former heads of

designated bureaus or agencies, or former officers and employees of

the department or agency whose official responsibilities included

supervision of said agency or bureau.

''(f) The prohibitions of subsections (a), (b), and (c) shall not

apply with respect to the making of communications solely for the

purpose of furnishing scientific or technological information 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.

''(g) Whoever, being a partner of an officer or employee of the

executive branch of the United States Government, of any

independent agency of the United States, or of the District of

Columbia, including a special Government employee, acts as agent or

attorney for anyone other than the United States before any

department, agency, court, court-martial, or any civil, military,

or naval commission of the United States or the District of

Columbia, or any officer or employee thereof, in connection with

any judicial or other proceeding, application, request for a ruling

or other determination, contract, claim, controversy,

investigation, charge, accusation, arrest, or other particular

matter in which the United States or the District of Columbia is a

party or has a direct and substantial interest and in which such

officer or employee or special Government employee participates or

has participated personally and substantially as an officer or

employee through decision, approval, disapproval, recommendation,

the rendering of advice, investigation, or otherwise, or which is

the subject of his official responsibility, shall be fined not more

than $5,000, or imprisoned for not more than one year, or both.

''(h) Nothing in this section shall prevent a former officer or

employee from giving testimony under oath, or from making

statements required to be made under penalty of perjury.

''(i) The prohibition contained in subsection (c) shall not apply

to appearances or communications by a former officer or employee

concerning matters of a personal and individual nature, such as

personal income taxes or pension benefits; nor shall the

prohibition of that subsection prevent a former officer or employee

from making or providing a statement, which is based on the former

officer's or employee's own special knowledge in the particular

area that is the subject of the statement, provided that no

compensation is thereby received, other than that regularly

provided for by law or regulation for witnesses.

''(j) If the head of the department or agency in which the former

officer or employee served finds, after notice and opportunity for

a hearing, that such former officer or employee violated subsection

(a), (b), or (c) of this section, such department or agency head

may prohibit that person from making, on behalf of any other person

(except the United States), any informal or formal appearance

before, or, with the intent to influence, any oral or written

communication to, such department or agency on a pending matter of

business for a period not to exceed five years, or may take other

appropriate disciplinary action. Such disciplinary action shall be

subject to review in an appropriate United States district court.

No later than six months after the effective date of this Act,

departments and agencies shall, in consultation with the Director

of the Office of Government Ethics, establish procedures to carry

out this subsection.

''(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) 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.

''(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.

''(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.''

EFFECTIVE DATE OF 1978 AMENDMENT

Section 503 of Pub. L. 95-521, which provided that the amendments

made by section 501 (amending this section) shall become effective

on July 1, 1979, was amended generally by Pub. L. 101-194, title

VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761, and is now set out

in the Appendix to Title 5, Government Organization and Employees.

Section 502 of Pub. L. 95-521, which provided that the amendments

made by section 501 (amending this section) shall not apply to

those individuals who left Government service prior to the

effective date of such amendments (July 1, 1979) or, in the case of

individuals who occupied positions designated pursuant to section

207(d) of title 18, United States Code, prior to the effective date

of such designation; except that any such individual who returns to

Government service on or after the effective date of such

amendments or designation shall be thereafter covered by such

amendments or designation, was amended generally by Pub. L.

101-194, title VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761, and

is now set out in the Appendix to Title 5.

EFFECTIVE DATE

Section effective 90 days after Oct. 23, 1962, see section 4 of

Pub. L. 87-849, set out as a note under section 201 of this title.

REGULATIONS

Responsibility of Office of Government Ethics for promulgating

regulations and interpreting this section, see section 201(c) of

Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set

out as a note under section 7301 of Title 5, Government

Organization and Employees.

-TRANS-

TRANSFER OF FUNCTIONS

Certain functions of Clerk of House of Representatives

transferred to Director of Non-legislative and Financial Services

by section 7 of House Resolution No. 423, One Hundred Second

Congress, Apr. 9, 1992. Director of Non-legislative and Financial

Services replaced by Chief Administrative Officer of House of

Representatives by House Resolution No. 6, One Hundred Fourth

Congress, Jan. 4, 1995.

-MISC5-

AGENCIES WITHIN EXECUTIVE OFFICE OF PRESIDENT

For provisions relating to treatment of agencies within the

Executive Office of the President as one agency under subsec. (c)

of this section, see Ex. Ord. No. 12674, Sec. 202, Apr. 12, 1989,

54 F.R. 15160, as amended, set out as a note under section 7301 of

Title 5, Government Organization and Employees.

EXEMPTIONS

Exemptions from former section 284 of this title deemed to be

exemptions from this section, see section 2 of Pub. L. 87-849, set

out as a note under section 203 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 202, 216 of this title;

title 5 sections 568, 3374, 3704; title 7 sections 2009aa-1,

2009bb-1; title 10 section 9447; title 12 section 2245; title 16

section 459b-7; title 19 section 2171; title 20 section 1018; title

22 sections 3310, 3507, 3508, 3613, 3622; title 25 section 450i;

title 26 section 7802; title 28 section 594; title 30 section 663;

title 35 section 3; title 38 section 5902; title 40 section 14309;

title 42 sections 1396a, 2297h-3; title 48 section 1907; title 49

section 106; title 50 section 405; title 50 App. section 463.

-CITE-

18 USC Sec. 208 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 208. Acts affecting a personal financial interest

-STATUTE-

(a) Except as permitted by subsection (b) hereof, whoever, being

an officer or employee of the executive branch of the United States

Government, or of any independent agency of the United States, a

Federal Reserve bank director, officer, or employee, or an officer

or employee of the District of Columbia, including a special

Government employee, participates personally and substantially as a

Government officer or employee, through decision, approval,

disapproval, recommendation, the rendering of advice,

investigation, or otherwise, in a judicial or other proceeding,

application, request for a ruling or other determination, contract,

claim, controversy, charge, accusation, arrest, or other particular

matter in which, to his knowledge, he, his spouse, minor child,

general partner, organization in which he is serving as officer,

director, trustee, general partner or employee, or any person or

organization with whom he is negotiating or has any arrangement

concerning prospective employment, has a financial interest -

Shall be subject to the penalties set forth in section 216 of

this title.

(b) Subsection (a) shall not apply -

(1) if the officer or employee first advises the Government

official responsible for appointment to his or her position of

the nature and circumstances of the judicial or other proceeding,

application, request for a ruling or other determination,

contract, claim, controversy, charge, accusation, arrest, or

other particular matter and makes full disclosure of the

financial interest and receives in advance a written

determination made by such official that the interest is not so

substantial as to be deemed likely to affect the integrity of the

services which the Government may expect from such officer or

employee;

(2) if, by regulation issued by the Director of the Office of

Government Ethics, applicable to all or a portion of all officers

and employees covered by this section, and published in the

Federal Register, the financial interest has been exempted from

the requirements of subsection (a) as being too remote or too

inconsequential to affect the integrity of the services of the

Government officers or employees to which such regulation

applies;

(3) in the case of a special Government employee serving on an

advisory committee within the meaning of the Federal Advisory

Committee Act (including an individual being considered for an

appointment to such a position), the official responsible for the

employee's appointment, after review of the financial disclosure

report filed by the individual pursuant to the Ethics in

Government Act of 1978, certifies in writing that the need for

the individual's services outweighs the potential for a conflict

of interest created by the financial interest involved; or

(4) if the financial interest that would be affected by the

particular matter involved is that resulting solely from the

interest of the officer or employee, or his or her spouse or

minor child, in birthrights -

(A) in an Indian tribe, band, nation, or other organized

group or community, including any Alaska Native village

corporation as defined in or established pursuant to the Alaska

Native Claims Settlement Act, which is recognized as eligible

for the special programs and services provided by the United

States to Indians because of their status as Indians,

(B) in an Indian allotment the title to which is held in

trust by the United States or which is inalienable by the

allottee without the consent of the United States, or

(C) in an Indian claims fund held in trust or administered by

the United States,

if the particular matter does not involve the Indian allotment or

claims fund or the Indian tribe, band, nation, organized group or

community, or Alaska Native village corporation as a specific

party or parties.

(c)(1) For the purpose of paragraph (1) of subsection (b), in the

case of class A and B directors of Federal Reserve banks, the Board

of Governors of the Federal Reserve System shall be deemed to be

the Government official responsible for appointment.

(2) The potential availability of an exemption under any

particular paragraph of subsection (b) does not preclude an

exemption being granted pursuant to another paragraph of subsection

(b).

(d)(1) Upon request, a copy of any determination granting an

exemption under subsection (b)(1) or (b)(3) shall be made available

to the public by the agency granting the exemption pursuant to the

procedures set forth in section 105 of the Ethics in Government Act

of 1978. In making such determination available, the agency may

withhold from disclosure any information contained in the

determination that would be exempt from disclosure under section

552 of title 5. For purposes of determinations under subsection

(b)(3), the information describing each financial interest shall be

no more extensive than that required of the individual in his or

her financial disclosure report under the Ethics in Government Act

of 1978.

(2) The Office of Government Ethics, after consultation with the

Attorney General, shall issue uniform regulations for the issuance

of waivers and exemptions under subsection (b) which shall -

(A) list and describe exemptions; and

(B) provide guidance with respect to the types of interests

that are not so substantial as to be deemed likely to affect the

integrity of the services the Government may expect from the

employee.

-SOURCE-

(Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1124;

amended Pub. L. 95-188, title II, Sec. 205, Nov. 16, 1977, 91 Stat.

1388; Pub. L. 101-194, title IV, Sec. 405, Nov. 30, 1989, 103 Stat.

1751; Pub. L. 101-280, Sec. 5(e), May 4, 1990, 104 Stat. 159; Pub.

L. 103-322, title XXXIII, Sec. 330002(b), 330008(6), Sept. 13,

1994, 108 Stat. 2140, 2143.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(b)(3), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

The Ethics in Government Act of 1978, referred to in subsecs.

(b)(3) and (d)(1), is Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824,

as amended. For complete classification of this Act to the Code,

see Short Title note set out under section 101 of Pub. L. 95-521 in

the Appendix to Title 5 and Tables.

The Alaska Native Claims Settlement Act, referred to in subsec.

(b)(4)(A), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as

amended, which is classified generally to chapter 33 (Sec. 1601 et

seq.) of Title 43, Public Lands. For complete classification of

this Act to the Code, see Short Title note set out under section

1601 of Title 43 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 208, act June 25, 1948, ch. 645, 62 Stat. 693,

related to the acceptance of solicitation of a bribe by a judicial

officer, prior to the general amendment of this chapter by Pub. L.

87-849 and is substantially covered by revised section 201.

Provisions similar to those comprising this section were

contained in section 434 of this title prior to the repeal of such

section and the general amendment of this chapter by Pub. L.

87-849.

AMENDMENTS

1994 - Subsec. (b)(4). Pub. L. 103-322, Sec. 330008(6), inserted

''if'' after ''(4)''.

Subsec. (c)(1). Pub. L. 103-322, Sec. 330002(b), substituted

''banks'' for ''Banks''.

1990 - Subsec. (a). Pub. L. 101-280, Sec. 5(e)(2), made technical

correction to directory language of Pub. L. 101-194, Sec.

405(1)(C). See 1989 Amendment note below.

Subsec. (b)(2). Pub. L. 101-280, Sec. 5(e)(1)(A), substituted

''subsection (a)'' for ''paragraph (1)''.

Subsec. (b)(3). Pub. L. 101-280, Sec. 5(e)(1)(B), struck out

''section 107 of'' after ''individual pursuant to''.

Subsec. (d)(1). Pub. L. 101-280, Sec. 5(e)(1)(C), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: ''A

copy of any determination by other than the Director of the Office

of Government Ethics granting an exemption pursuant to subsection

(b)(1) or (b)(3) shall be submitted to the Director, who shall make

all determinations available to the public pursuant to section 105

of the Ethics in Government Act of 1978. For determinations

pursuant to subsection (b)(3), the information from the financial

disclosure report of the officer or employee involved describing

the asset or assets that necessitated the waiver shall also be made

available to the public. This subsection shall not apply, however,

if the head of the agency or his or her designee determines that

the determination under subsection (b)(1) or (b)(3), as the case

may be, involves classified information.''

1989 - Subsec. (a). Pub. L. 101-194, Sec. 405(1), as amended by

Pub. L. 101-280, Sec. 5(e)(2), inserted ''or'' after ''United

States Government,'' and ''an officer or employee'' before ''of the

District of Columbia'', substituted ''general partner'' for

''partner'' in two places, and substituted ''Shall be subject to

the penalties set forth in section 216 of this title'' for ''Shall

be fined not more than $10,000, or imprisoned not more than two

years, or both''.

Subsec. (b). Pub. L. 101-194, Sec. 405(2), added subsec. (b) and

struck out former subsec. (b), which read as follows: ''Subsection

(a) hereof shall not apply (1) if the officer or employee first

advises the Government official responsible for appointment to his

position of the nature and circumstances of the judicial or other

proceeding, application, request for a ruling or other

determination, contract, claim, controversy, charge, accusation,

arrest, or other particular matter and makes full disclosure of the

financial interest and receives in advance a written determination

made by such official that the interest is not so substantial as to

be deemed likely to affect the integrity of the services which the

Government may expect from such officer or employee, or (2) if, by

general rule or regulation published in the Federal Register, the

financial interest has been exempted from the requirements of

clause (1) hereof as being too remote or too inconsequential to

affect the integrity of Government officers' or employees'

services. In the case of class A and B directors of Federal

Reserve banks, the Board of Governors of the Federal Reserve System

shall be the Government official responsible for appointment.''

Subsecs. (c), (d). Pub. L. 101-194, Sec. 405(2), added subsecs.

(c) and (d).

1977 - Subsec. (a). Pub. L. 95-188, Sec. 205(a), extended

conflicts of interest prohibition to a Federal Reserve bank

director, officer, or employee.

Subsec. (b). Pub. L. 95-188, Sec. 205(b), inserted at end ''In

the case of class A and B directors of Federal Reserve banks, the

Board of Governors of the Federal Reserve System shall be the

Government official responsible for appointment.''

EFFECTIVE DATE

Section effective 90 days after Oct. 23, 1962, see section 4 of

Pub. L. 87-849, set out as a note under section 201 of this title.

EXEMPTIONS

Exemptions from former section 434 of this title deemed to be

exemptions from this section, see section 2 of Pub. L. 87-849, set

out as a note under section 203 of this title.

REGULATIONS

Responsibility of Office of Government Ethics for promulgating

regulations and interpreting this section, see section 201(c) of

Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set

out as a note under section 7301 of Title 5, Government

Organization and Employees.

-TRANS-

DELEGATION OF AUTHORITY

Authority of the President under subsec. (b) of this section to

grant exemptions or approvals to individuals delegated to agency

heads, see section 401 of Ex. Ord. No. 12674, Apr. 12, 1989, 54

F.R. 15159, as amended, set out as a note under section 7301 of

Title 5, Government Organization and Employees.

Authority of the President under subsec. (b) of this section to

grant exemptions or approvals for Presidential appointees to

committees, commissions, boards, or similar groups established by

the President, and for individuals appointed pursuant to sections

105 and 107(a) of Title 3, The President, delegated to Counsel to

the President, see section 402 of Ex. Ord. No. 12674, Apr. 12,

1989, 54 F.R. 15159, as amended, set out as a note under section

7301 of Title 5.

-MISC5-

''PARTICULAR MATTER'' DEFINED

Pub. L. 100-446, title III, Sec. 319, Sept. 27, 1988, 102 Stat.

1826, which provided that notwithstanding any other provision of

law, for the purposes of this section ''particular matter'', as

applied to employees of the Department of the Interior and the

Indian Health Service, means ''particular matter involving specific

parties'', was repealed by Pub. L. 101-194, title V, Sec. 505(b),

Nov. 30, 1989, 103 Stat. 1756, as amended by Pub. L. 101-280, Sec.

6(c), May 4, 1990, 104 Stat. 160.

Similar provisions were contained in Pub. L. 100-202, Sec. 101(g)

(title III, Sec. 318), Dec. 22, 1987, 101 Stat. 1329-213, 1329-255.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 202, 216 of this title;

title 5 sections 568, 3374, 3704; title 6 section 451; title 7

sections 2008m, 2009aa-1, 2009bb-1, 2009dd-2; title 10 section

9447; title 12 section 2245; title 15 section 4805; title 16

section 1852; title 20 section 5508; title 22 sections 3507, 3508,

3613, 3622; title 26 section 1043; title 28 section 594; title 28

App. section 302; title 40 section 14309; title 41 section 423;

title 42 section 1396a; title 47 section 154; title 49 section 106.

-CITE-

18 USC Sec. 209 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 209. Salary of Government officials and employees payable only

by United States

-STATUTE-

(a) Whoever receives any salary, or any contribution to or

supplementation of salary, as compensation for his services as an

officer or employee of the executive branch of the United States

Government, of any independent agency of the United States, or of

the District of Columbia, from any source other than the Government

of the United States, except as may be contributed out of the

treasury of any State, county, or municipality; or

Whoever, whether an individual, partnership, association,

corporation, or other organization pays, makes any contribution to,

or in any way supplements, the salary of any such officer or

employee under circumstances which would make its receipt a

violation of this subsection -

Shall be subject to the penalties set forth in section 216 of

this title.

(b) Nothing herein prevents an officer or employee of the

executive branch of the United States Government, or of any

independent agency of the United States, or of the District of

Columbia, from continuing to participate in a bona fide pension,

retirement, group life, health or accident insurance,

profit-sharing, stock bonus, or other employee welfare or benefit

plan maintained by a former employer.

(c) This section does not apply to a special Government employee

or to an officer or employee of the Government serving without

compensation, whether or not he is a special Government employee,

or to any person paying, contributing to, or supplementing his

salary as such.

(d) This section does not prohibit payment or acceptance of

contributions, awards, or other expenses under the terms of chapter

41 of title 5.

(e) This section does not prohibit the payment of actual

relocation expenses incident to participation, or the acceptance of

same by a participant in an executive exchange or fellowship

program in an executive agency: Provided, That such program has

been established by statute or Executive order of the President,

offers appointments not to exceed three hundred and sixty-five

days, and permits no extensions in excess of ninety additional days

or, in the case of participants in overseas assignments, in excess

of three hundred and sixty-five days.

(f) This section does not prohibit acceptance or receipt, by any

officer or employee injured during the commission of an offense

described in section 351 or 1751 of this title, of contributions or

payments from an organization which is described in section

501(c)(3) of the Internal Revenue Code of 1986 and which is exempt

from taxation under section 501(a) of such Code.

(g)(1) This section does not prohibit an employee of a private

sector organization, while assigned to an agency under chapter 37

of title 5, from continuing to receive pay and benefits from such

organization in accordance with such chapter.

(2) For purposes of this subsection, the term ''agency'' means an

agency (as defined by section 3701 of title 5) and the Office of

the Chief Technology Officer of the District of Columbia.

-SOURCE-

(Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1125;

amended Pub. L. 96-174, Dec. 29, 1979, 93 Stat. 1288; Pub. L.

97-171, Apr. 13, 1982, 96 Stat. 67; Pub. L. 99-514, Sec. 2, Oct.

22, 1986, 100 Stat. 2095; Pub. L. 99-646, Sec. 70, Nov. 10, 1986,

100 Stat. 3617; Pub. L. 101-194, title IV, Sec. 406, Nov. 30, 1989,

103 Stat. 1753; Pub. L. 101-647, title XXXV, Sec. 3510, Nov. 29,

1990, 104 Stat. 4922; Pub. L. 103-322, title XXXIII, Sec.

330008(7), Sept. 13, 1994, 108 Stat. 2143; Pub. L. 107-273, div.

A, title III, Sec. 302(3), Nov. 2, 2002, 116 Stat. 1781; Pub. L.

107-347, title II, Sec. 209(g)(2), Dec. 17, 2002, 116 Stat. 2932.)

-REFTEXT-

REFERENCES IN TEXT

Section 501 of the Internal Revenue Code of 1986, referred to in

subsec. (f), is classified to section 501 of Title 26, Internal

Revenue Code.

-MISC2-

PRIOR PROVISIONS

A prior section 209, act June 25, 1948, ch. 645, 62 Stat. 693,

related to an offer of a bribe to a witness, prior to the general

amendment of this chapter by Pub. L. 87-849 and is substantially

covered by section 201.

Provisions similar to those comprising this section were

contained in section 1914 of this title prior to the repeal of such

section and the general amendment of this chapter by Pub. L.

87-849.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273, in second par., substituted

''makes'' for ''or makes'' and ''supplements, the salary of any''

for ''supplements the salary of, any''.

Subsec. (g). Pub. L. 107-347 added subsec. (g).

1994 - Subsec. (d). Pub. L. 103-322 struck out ''the'' before

''chapter 41''.

1990 - Subsec. (d). Pub. L. 101-647 substituted ''chapter 41 of

title 5'' for ''Government Employees Training Act (Public Law

85-507, 72 Stat. 327; 5 U.S.C. 2301-2319, July 7, 1958)''.

1989 - Subsec. (a). Pub. L. 101-194 substituted at end ''Shall be

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

for ''Shall be fined not more than $5,000 or imprisoned not more

than one year, or both.''

1986 - Subsec. (e). Pub. L. 99-646 inserted ''or, in the case of

participants in overseas assignments, in excess of three hundred

and sixty-five days''.

Subsec. (f). Pub. L. 99-514 substituted ''Internal Revenue Code

of 1986'' for ''Internal Revenue Code of 1954''.

1982 - Subsec. (f). Pub. L. 97-171 added subsec. (f).

1979 - Subsec. (e). Pub. L. 96-174 added subsec. (e).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-347 effective 120 days after Dec. 17,

2002, see section 402(a) of Pub. L. 107-347, set out as an

Effective Date note under section 3601 of Title 44, Public Printing

and Documents.

EFFECTIVE DATE

Section effective 90 days after Oct. 23, 1962, see section 4 of

Pub. L. 87-849, set out as a note under section 201 of this title.

EXEMPTIONS

Exemptions from former section 1914 of this title deemed to be

exemptions from this section, see section 2 of Pub. L. 87-849, set

out as a note under section 203 of this title.

-EXEC-

PROMULGATION OF REGULATIONS

Responsibility of Office of Government Ethics for promulgating

regulations and interpreting this section, see section 201(c) of

Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set

out as a note under section 7301 of Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 202, 216 of this title;

title 2 section 162; title 5 sections 568, 3102, 3343, 3374, 3704,

4111; title 7 sections 2009aa-1, 2009bb-1, 2220; title 8 section

1353c; title 12 section 2245; title 16 section 459b-7; title 22

sections 3507, 3508; title 28 section 594; title 30 section 663;

title 40 section 14309; title 42 sections 280e-11, 1314; title 45

section 362.

-CITE-

18 USC Sec. 210 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 210. Offer to procure appointive public office

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 694, Sec. 210, formerly Sec. 214;

renumbered Sec. 210, Pub. L. 87-849, Sec. 1(b), Oct. 23, 1962, 76

Stat. 1125; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept.

13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 18, U. S.C., 1940 ed., Sec. 149 and 151 (Dec. 11,

1926, c. 3, Sec. 1, 3, 44 Stat. 918).

Changes of style and substance were made in this section.

Term ''or place'' was inserted after words ''appointive office''

in order to give broader scope to the section and also to follow

the phraseology used in similar provisions of section 202 of Title

18, U.S.C., 1940 ed., now section 216 (repealed) of this title.

(See 46 Corpus Juris 924, where it is explained that the work

''places'' is used in a less technical sense than the word

''offices''.)

The punishment provision, added at the end of this section and

section 215 (now section 211) of this title to secure uniformity of

style throughout this chapter, was originally enacted as a separate

section, incorporating the other two by reference. 80th Congress

House Report No. 304.

PRIOR PROVISIONS

A prior section 210, act June 25, 1948, ch. 645, 62 Stat. 693,

related to acceptance of a bribe by a witness, prior to the general

amendment of this chapter by Pub. L. 87-849 and is substantially

covered in revised section 201.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000''.

-CITE-

18 USC Sec. 211 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 211. Acceptance or solicitation to obtain appointive public

office

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 694, Sec. 211, formerly Sec. 215;

Sept. 13, 1951, ch. 380, 65 Stat. 320; renumbered Sec. 211, Pub. L.

87-849, Sec. 1(b), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 103-322,

title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 150 and 151 (Dec. 11,

1926, ch. 3, Sec. 2, 3, 44 Stat. 918).

Same changes of style and substance were made in this section as

in section 214 of this title.

PRIOR PROVISIONS

A prior section 211, act June 25, 1948, ch. 645, 62 Stat. 693,

related to an offer of a gratuity to a revenue officer, prior to

the general amendment of this chapter by Pub. L. 87-849 and is

substantially covered in revised section 201.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000'' in two places.

1951 - Act Sept. 13, 1951, inserted second paragraph.

-CITE-

18 USC Sec. 212 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 212. Offer of loan or gratuity to bank examiner

-STATUTE-

Whoever, being an officer, director or employee of a financial

institution which is a member of the Federal Reserve System, or the

deposits of which are insured by the Federal Deposit Insurance

Corporation, or which is a 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 which is an organization

operating under section 25 or section 25(a) (FOOTNOTE 1) of the

Federal Reserve Act, or of any Farm Credit Bank, bank for

cooperatives, production credit association, Federal land bank

association, agricultural credit association, Federal land credit

association, service organization chartered under section 4.26 of

the Farm Credit Act of 1971, the Farm Credit System Financial

Assistance Corporation, the Federal Agricultural Mortgage Credit

Corporation, the Federal Farm Credit Banks Funding Corporation, the

National Consumer Cooperative Bank, or other institution subject to

examination by a Farm Credit Administration examiner, or of any

small business investment company, makes or grants any loan or

gratuity, to any examiner or assistant examiner who examines or has

authority to examine such bank, branch, agency, organization,

corporation, or institution, shall be fined under this title or

imprisoned not more than one year, or both; and may be fined a

further sum equal to the money so loaned or gratuity given.

(FOOTNOTE 1) See References in Text note below.

The provisions of this section and section 213 of this title

shall apply to all public examiners and assistant examiners who

examine member banks of the Federal Reserve System, insured

financial institutions, branches or agencies of foreign banks (as

such terms are defined in paragraphs (1) and (3) of section 1(b) of

the International Banking Act of 1978), organizations operating

under section 25 or section 25(a) (FOOTNOTE 1) of the Federal

Reserve Act, whether appointed by the Comptroller of the Currency,

by the Board of Governors of the Federal Reserve System, by a

Federal Reserve Agent, by a Federal Reserve bank, by the Federal

Deposit Insurance Corporation, by the Office of Thrift Supervision,

or by the Federal Housing Finance Board, or appointed or elected

under the laws of any state; but shall not apply to private

examiners or assistant examiners employed only by a clearinghouse

association or by the directors of a bank.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 694, Sec. 212, formerly Sec. 217;

Pub. L. 85-699, title VII, Sec. 701(a), Aug. 21, 1958, 72 Stat.

698; Pub. L. 86-168, title I, Sec. 104(h), Aug. 18, 1959, 73 Stat.

387; renumbered Sec. 212, Pub. L. 87-849, Sec. 1(d), Oct. 23, 1962,

76 Stat. 1125; Pub. L. 101-73, title IX, Sec. 962(a)(1), Aug. 9,

1989, 103 Stat. 501; Pub. L. 101-647, title XXV, Sec. 2597(b), Nov.

29, 1990, 104 Stat. 4908; Pub. L. 103-322, title XXXIII, Sec.

330004(1), 330010(1), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2141,

2143, 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 593 and 1245 of title 12, U.S.C., 1940 ed.,

Banks and Banking (Dec. 23, 1913, ch. 6, Sec. 22, 38 Stat. 272;

Sept. 26, 1918, ch. 177, Sec. 5, 40 Stat. 970; Mar. 4, 1923, ch.

252, title II, Sec. 209(e), 42 Stat. 1468; Feb. 25, 1927, ch. 191,

Sec. 15, 44 Stat. 1232; Aug. 23, 1935, ch. 614, Sec. 326(a), 49

Stat. 715).

Section 593 of title 12, U.S.C., 1940 ed., Banks and Banking, was

divided into three sections: this section and sections 218 and 655

of this title.

Words ''shall be deemed guilty of a misdemeanor and'' were

omitted as unnecessary in view of definition of misdemeanor in

section 1 of this title.

This section was expanded to include ''National Agricultural

Credit Corporations'' by including this term in each paragraph,

upon authority of section 1245 of title 12, U.S.C., 1940 ed., Banks

and Banking.

No penalty was provided for offering a bribe to farm credit

examiners. The words ''or of any land bank, national farm loan

association, or other institution subject to examination by a farm

credit examiner,'' were added upon the authority of section 952 of

said title 12.

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Changes in phraseology were also made.

-REFTEXT-

REFERENCES IN TEXT

Section 1(b) of the International Banking Act of 1978, referred

to in text, is classified to section 3101 of Title 12, Banks and

Banking.

Section 25 of the Federal Reserve Act, referred to in text, is

classified to subchapter I (Sec. 601 et seq.) of chapter 6 of Title

12. Section 25(a) of the Federal Reserve Act, which is classified

to subchapter II (Sec. 611 et seq.) of chapter 6 of Title 12, was

renumbered section 25A of that act by Pub. L. 102-242, title I,

Sec. 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.

Section 4.26 of the Farm Credit Act of 1971, referred to in text,

is classified to section 2212 of Title 12.

-MISC2-

PRIOR PROVISIONS

A prior section 212, act June 25, 1948, ch. 645, 62 Stat. 693,

related to an offer or threat to a customs officer or employee,

prior to the general amendment to this chapter by Pub. L. 87-849

and is substantially covered by revised section 201.

AMENDMENTS

1994 - Pub. L. 103-322, Sec. 330016(1)(K), substituted ''fined

under this title'' for ''fined not more than $5,000'' in first

undesignated par.

Pub. L. 103-322, Sec. 330010(1), substituted ''section 213'' for

''section 218'' in second undesignated par.

Pub. L. 103-322, Sec. 330004(1), struck out ''or of any National

Agricultural Credit Corporation,'' after ''Federal Reserve Act,''

in first undesignated par. and ''or National Agricultural Credit

Corporations,'' after ''Federal Reserve Act,'' in second

undesignated par.

1990 - Pub. L. 101-647 in first undesignated par. substituted

''System, or the deposits of which'' for ''System or the deposits

of which'', inserted ''or which is a 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 which is

an organization operating under section 25 or section 25(a) of the

Federal Reserve Act,'' after ''Federal Deposit Insurance

Corporation,'' and inserted ''branch, agency, organization,'' after

''who examines or has authority to examine such bank,'' and in

second undesignated par. substituted ''System, insured'' for

''System or insured'', and inserted ''branches or agencies of

foreign banks (as such terms are defined in paragraphs (1) and (3)

of section 1(b) of the International Banking Act of 1978),

organizations operating under section 25 or section 25(a) of the

Federal Reserve Act,'' after ''financial institutions,''.

1989 - Pub. L. 101-73 in first undesignated paragraph substituted

''financial institution'' for first reference to ''bank'' and

substituted ''Farm Credit Bank, bank for cooperatives, production

credit association, Federal land bank association, agricultural

credit association, Federal land credit association, service

organization chartered under section 4.26 of the Farm Credit Act of

1971, the Farm Credit System Financial Assistance Corporation, the

Federal Agricultural Mortgage Credit Corporation, the Federal Farm

Credit Banks Funding Corporation, the National Consumer Cooperative

Bank, or other institution subject to examination by a Farm Credit

Administration examiner'' for ''land bank, Federal land bank

association or other institution subject to examination by a farm

credit examiner'', and in second undesignated paragraph substituted

''insured financial institutions'' for ''insured banks'' and

substituted '', by the Federal Deposit Insurance Corporation, by

the Office of Thrift Supervision, or by the Federal Housing Finance

Board'' for ''or by the Federal Deposit Insurance Corporation''.

1959 - Pub. L. 86-168 substituted ''Federal land bank

association'' for ''national farm loan association''.

1958 - Pub. L. 85-699 included officers, directors and employees

of small business investment companies.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment of section by Pub. L. 86-168 effective Dec. 31, 1959,

see section 104(k) of Pub. L. 86-168.

-TRANS-

EXCEPTION AS TO TRANSFER OF FUNCTIONS

Functions vested by any provision of law in the Comptroller of

the Currency, referred to in this section, were not included in the

transfer of functions of officers, agencies and employees of the

Department of the Treasury to the Secretary of the Treasury, made

by Reorg. Plan No. 26 of 1950, Sec. 1, eff. July 31, 1950, 15 F.R.

4935, 64 Stat. 1280. See section 321(c)(2) of Title 31, Money and

Finance.

-MISC5-

NATIONAL AGRICULTURAL CREDIT CORPORATION

Title II of the Agricultural Credits Act, act Mar. 4, 1923, title

II, Sec. 201-217, 42 Stat. 1461, which authorized the creation of

national agricultural credit corporations, was substantially

repealed by Pub. L. 86-230, Sept. 8, 1959, Sec. 24, 73 Stat. 466.

Prior to such repeal, act June 16, 1933, Sec. 77, 48 Stat. 292, had

prohibited the creation, after June 16, 1933, of national

agricultural credit corporations authorized to be formed under the

Agricultural Credits Act.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 503.

-CITE-

18 USC Sec. 213 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 213. Acceptance of loan or gratuity by bank examiner

-STATUTE-

Whoever, being an examiner or assistant examiner of member banks

of the Federal Reserve System, financial institutions the deposits

of which are insured by the Federal Deposit Insurance Corporation,

which are branches or agencies of foreign banks (as such terms are

defined in paragraphs (1) and (3) of section 1(b) of the

International Banking Act of 1978), or which are organizations

operating under section 25 or section 25(a) (FOOTNOTE 1) of the

Federal Reserve Act, or a farm credit examiner, or an examiner of

small business investment companies, accepts a loan or gratuity

from any bank, branch, agency, corporation, association or

organization examined by him or from any person connected herewith,

shall be fined under this title or imprisoned not more than one

year, or both; and may be fined a further sum equal to the money so

loaned or gratuity given, and shall be disqualified from holding

office as such examiner.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 695, Sec. 213, formerly Sec. 218;

Pub. L. 85-699, title VII, Sec. 701(b), Aug. 21, 1958, 72 Stat.

698; renumbered Sec. 213, Pub. L. 87-849, Sec. 1(d), Oct. 23, 1962,

76 Stat. 1125; Pub. L. 101-73, title IX, Sec. 962(a)(2), Aug. 9,

1989, 103 Stat. 502; Pub. L. 101-647, title XXV, Sec. 2597(c), Nov.

29, 1990, 104 Stat. 4909; Pub. L. 103-322, title XXXIII, Sec.

330004(2), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2141, 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 593, 952, 981, 1124, 1243, 1314 of title 12,

U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, Sec. 22,

38 Stat. 272; July 17, 1916, ch. 245, Sec. 28, 31, 39 Stat. 381,

382, and Sec. 211(d) as added Mar. 4, 1923, ch. 252, Sec. 2, 42

Stat. 1460; Sept. 26, 1918, ch. 177, Sec. 5, 40 Stat. 970; Mar. 4,

1923, ch. 252, title II, Sec. 209(e), 216(d), 42 Stat. 1468, 1471;

Feb. 25, 1927, ch. 191, Sec. 15, 44 Stat. 1232; Ex. Ord. No. 6084,

Mar. 27, 1933; June 16, 1933, ch. 98, Sec. 80(a), 48 Stat. 273;

Aug. 23, 1935, ch. 614, Sec. 326(a), 49 Stat. 715; Aug. 19, 1937,

ch. 704, Sec. 20, 50 Stat. 710).

This section is derived primarily from second paragraph of

section 593 of title 12, U.S.C., 1940 ed., Banks and Banking, and

consolidates provisions from sections 952, 981, 1124, 1243, and

1314 of said title 12.

Words ''shall be deemed guilty of a misdemeanor'' were omitted in

view of definition of misdemeanor in section 1 of this title.

The bribery provisions of such sections were alike and indeed

were patterned after section 593 of said title 12, U.S.C., 1940

ed., Banks and Banking, incorporated in this section and section

217 of this title. Therefore, and in the light of sections 952 and

1243 of title 12, U.S.C., 1940 ed., Banks and Banking, this section

was written as a consolidated section without change of substance

or effect and with only such changes of phraseology as were

necessary to effect the consolidation and secure uniformity of

style.

Other provisions of said sections 593, 952, 981, 1124, 1243 and

1314 of title 12, U.S.C., 1940 ed., are incorporated in sections

217, 655, 1014, 1908, and 1909 of this title.

-REFTEXT-

REFERENCES IN TEXT

Section 1(b) of the International Banking Act of 1978, referred

to in text, is classified to section 3101 of Title 12, Banks and

Banking.

Section 25 of the Federal Reserve Act, referred to in text, is

classified to subchapter I (Sec. 601 et seq.) of chapter 6 of Title

12. Section 25(a) of the Federal Reserve Act, which is classified

to subchapter II (Sec. 611 et seq.) of chapter 6 of Title 12, was

renumbered section 25A of that act by Pub. L. 102-242, title I,

Sec. 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.

-MISC2-

PRIOR PROVISIONS

A prior section 213, act June 25, 1948, ch. 645, 62 Stat. 693,

related to the acceptance or demand of a bribe by a customs officer

or employee, prior to the general amendment to this chapter by Pub.

L. 87-849 and is substantially covered by revised section 201.

AMENDMENTS

1994 - Pub. L. 103-322 struck out ''or examiner of National

Agricultural Credit Corporations'' after ''or a farm credit

examiner'' and substituted ''fined under this title'' for ''fined

not more than $5,000''.

1990 - Pub. L. 101-647 substituted ''System, financial

institutions the deposits of which'' for ''System or financial

institutions the deposits of which'' and inserted ''which are

branches or agencies of foreign banks (as such terms are defined in

paragraphs (1) and (3) of section 1(b) of the International Banking

Act of 1978), or which are organizations operating under section 25

or section 25(a) of the Federal Reserve Act,'' after ''Federal

Deposit Insurance Corporation,'' and ''branch, agency,'' after

''gratuity from any bank,''.

1989 - Pub. L. 101-73 substituted ''financial institutions the

deposits of which'' for ''banks the deposits of which''.

1958 - Pub. L. 85-699 included examiners of small business

investment companies.

NATIONAL AGRICULTURAL CREDIT CORPORATION

Title II of the Agricultural Credits Act, act Mar. 4, 1923, title

II, Sec. 201-217, 42 Stat. 1461, which authorized the creation of

national agricultural credit corporations, was substantially

repealed by Pub. L. 86-230, Sept. 8, 1959, Sec. 24, 73 Stat. 466.

Prior to such repeal, act June 16, 1933, Sec. 77, 48 Stat. 292, had

prohibited the creation, after June 16, 1933, of national

agricultural credit corporations authorized to be formed under the

Agricultural Credits Act.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 212, 3056 of this title;

title 12 section 503.

-CITE-

18 USC Sec. 214 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 214. Offer for procurement of Federal Reserve bank loan and

discount of commercial paper

-STATUTE-

Whoever stipulates for or gives or receives, or consents or

agrees to give or receive, any fee, commission, bonus, or thing of

value for procuring or endeavoring to procure from any Federal

Reserve bank any advance, loan, or extension of credit or discount

or purchase of any obligation or commitment with respect thereto,

either directly from such Federal Reserve bank or indirectly

through any financing institution, unless such fee, commission,

bonus, or thing of value and all material facts with respect to the

arrangement or understanding therefor shall be disclosed in writing

in the application or request for such advance, loan, extension of

credit, discount, purchase, or commitment, shall be fined under

this title or imprisoned not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 695, Sec. 214, formerly Sec. 219;

renumbered Sec. 214, Pub. L. 87-849, Sec. 1(d), Oct. 23, 1962, 76

Stat. 1125; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept.

13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 599 of title 12, U.S.C., 1940 ed., Banks and

Banking (Dec. 23, 1913, ch. 6, Sec. 22(k), as added by act June 19,

1934, ch. 653, Sec. 3, 48 Stat. 1108).

Final sentence of said section 599, imposing civil liability on

violators, was omitted as unnecessary, being merely a declaration

of that rule of common law which in the absence of statute fixes

civil liability on the wrongdoer.

Minor changes were made in phraseology.

PRIOR PROVISIONS

A prior section 214 of this title was renumbered section 210.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 503.

-CITE-

18 USC Sec. 215 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 215. Receipt of commissions or gifts for procuring loans

-STATUTE-

(a) Whoever -

(1) corruptly gives, offers, or promises anything of value to

any person, with intent to influence or reward an officer,

director, employee, agent, or attorney of a financial institution

in connection with any business or transaction of such

institution; or

(2) as an officer, director, employee, agent, or attorney of a

financial institution, corruptly solicits or demands for the

benefit of any person, or corruptly accepts or agrees to accept,

anything of value from any person, intending to be influenced or

rewarded in connection with any business or transaction of such

institution;

shall be fined not more than $1,000,000 or three times the value of

the thing given, offered, promised, solicited, demanded, accepted,

or agreed to be accepted, whichever is greater, or imprisoned not

more than 30 years, or both, but if the value of the thing given,

offered, promised, solicited, demanded, accepted, or agreed to be

accepted does not exceed $1,000, shall be fined under this title or

imprisoned not more than one year, or both.

((b) Transferred)

(c) This section shall not apply to bona fide salary, wages,

fees, or other compensation paid, or expenses paid or reimbursed,

in the usual course of business.

(d) Federal agencies with responsibility for regulating a

financial institution shall jointly establish such guidelines as

are appropriate to assist an officer, director, employee, agent, or

attorney of a financial institution to comply with this section.

Such agencies shall make such guidelines available to the public.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 695, Sec. 215, formerly Sec. 220;

Sept. 21, 1950, ch. 967, Sec. 4, 64 Stat. 894; renumbered Sec. 215,

Pub. L. 87-849, Sec. 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L.

98-473, title II, Sec. 1107(a), Oct. 12, 1984, 98 Stat. 2145; Pub.

L. 99-370, Sec. 2, Aug. 4, 1986, 100 Stat. 779; Pub. L. 101-73,

title IX, Sec. 961(a), 962(e)(1), Aug. 9, 1989, 103 Stat. 499, 503;

Pub. L. 101-647, title XXV, Sec. 2504(a), Nov. 29, 1990, 104 Stat.

4861; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13,

1994, 108 Stat. 2147; Pub. L. 104-294, title VI, Sec. 606(a), Oct.

11, 1996, 110 Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 595, 1125, and 1315 of title 12, U.S.C., 1940

ed., Banks and Banking (Dec. 23, 1913, ch. 6, Sec. 22, first

sentence of second paragraph, 38 Stat. 272; July 17, 1916, ch. 245,

Sec. 211(e), as added Mar. 4, 1923, ch. 252, Sec. 2, 42 Stat. 1460;

June 21, 1917, ch. 32, Sec. 11, 40 Stat. 240; Sept. 26, 1918, ch.

177, Sec. 5, part 22(c), 40 Stat. 970; Mar. 4, 1923, ch. 252, title

II, Sec. 216(e), 42 Stat. 1472).

The punishment provisions of the three sections were identical,

and all other provisions thereof were similar, except that section

595 of title 12, U.S.C., 1940 ed., Banks and Banking, relating to

officers, directors, employees, or attorneys of member banks of the

Federal Reserve System, did not include the terms ''agent'' and

''acceptance'' and did not include the phrase ''or extension or

renewal of loan or substitution of security''.

Words ''shall be deemed guilty of a misdemeanor'' were omitted

because of definition of misdemeanor in section 1 of this title.

Words ''and upon conviction'' and ''and shall upon conviction

thereof'' were omitted as surplusage because punishment cannot be

imposed until after conviction.

Verbal changes were made for style purposes.

PRIOR PROVISIONS

A prior section 215 of this title was renumbered section 211.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-294 substituted ''$1,000'' for

''$100'' in concluding provisions.

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $1,000'' in concluding

provisions.

1990 - Subsec. (a). Pub. L. 101-647 substituted ''30'' for ''20''

before ''years'' in concluding provisions.

1989 - Subsec. (a). Pub. L. 101-73, Sec. 961(a), in closing

provisions, substituted ''$1,000,000'' for ''$5,000'' and ''20

years'' for ''five years''.

Subsec. (b). Pub. L. 101-73, Sec. 962(e)(1), transferred subsec.

(b) to section 20 of this title.

1986 - Pub. L. 99-370 amended section generally, combining in

subsec. (a) the statement of prohibited activities formerly set out

in subsecs. (a) and (b), transferring to subsec. (b) and expanding

provisions formerly set out in subsec. (c) which defined

''financial institution'', transferring to subsec. (c) and amending

provisions formerly set out in subsec. (d) relating to

applicability of section, and adding new subsec. (d) relating to

establishment of guidelines to assist financial institutions in

complying with this section.

1984 - Pub. L. 98-473 amended section generally. Prior to

amendment section read as follows: ''Whoever, being an officer,

director, employee, agent, or attorney of any bank, the deposits of

which are insured by the Federal Deposit Insurance Corporation, of

a Federal intermediate credit bank, or of a National Agricultural

Credit Corporation, except as provided by law, stipulates for or

receives or consents or agrees to receive any fee, commission,

gift, or thing of value, from any person, firm, or corporation, for

procuring or endeavoring to procure for such person, firm, or

corporation, or for any other person, firm, or corporation, from

any such bank or corporation, any loan or extension or renewal of

loan or substitution of security, or the purchase or discount or

acceptance of any paper, note, draft, check, or bill of exchange by

any such bank or corporation, shall be fined not more than $5,000

or imprisoned not more than one year or both.''

1950 - Act Sept. 21, 1950, substituted ''any bank, the deposits

of which are insured by the Federal Deposit Insurance Corporation''

for ''a member bank of the Federal Reserve System''.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 3 of Pub. L. 99-370 provided that: ''This Act and the

amendments made by this Act (amending this section and enacting a

provision set out as a note under section 201 of this title) shall

take effect 30 days after the date of the enactment of this Act

(Aug. 4, 1986).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 225, 981, 982, 1510,

1956, 3293, 3322 of this title; title 12 sections 503, 1785, 1786,

1787, 1821, 1828, 1829, 1831k, 1833a, 2277a-10b.

-CITE-

18 USC Sec. 216 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 216. Penalties and injunctions

-STATUTE-

(a) The punishment for an offense under section 203, 204, 205,

207, 208, or 209 of this title is the following:

(1) Whoever engages in the conduct constituting the offense

shall be imprisoned for not more than one year or fined in the

amount set forth in this title, or both.

(2) Whoever willfully engages in the conduct constituting the

offense shall be imprisoned for not more than five years or fined

in the amount set forth in this title, or both.

(b) The Attorney General may bring a civil action in the

appropriate United States district court against any person who

engages in conduct constituting an offense under section 203, 204,

205, 207, 208, or 209 of this title and, upon proof of such conduct

by a preponderance of the evidence, such person shall be subject to

a civil penalty of not more than $50,000 for each violation or the

amount of compensation which the person received or offered for the

prohibited conduct, whichever amount is greater. The imposition of

a civil penalty under this subsection does not preclude any other

criminal or civil statutory, common law, or administrative remedy,

which is available by law to the United States or any other person.

(c) If the Attorney General has reason to believe that a person

is engaging in conduct constituting an offense under section 203,

204, 205, 207, 208, or 209 of this title, the Attorney General may

petition an appropriate United States district court for an order

prohibiting that person from engaging in such conduct. The court

may issue an order prohibiting that person from engaging in such

conduct if the court finds that the conduct constitutes such an

offense. The filing of a petition under this section does not

preclude any other remedy which is available by law to the United

States or any other person.

-SOURCE-

(Added Pub. L. 101-194, title IV, Sec. 407(a), Nov. 30, 1989, 103

Stat. 1753; amended Pub. L. 101-280, Sec. 5(f), May 4, 1990, 104

Stat. 159.)

-MISC1-

PRIOR PROVISIONS

A prior section 216, acts June 25, 1948, ch. 645, 62 Stat. 695,

Sec. 216, formerly Sec. 221, amended Aug. 21, 1958, Pub. L. 85-699,

title VII, Sec. 702(a)-(c), 72 Stat. 698; Aug. 18, 1959, Pub. L.

86-168, title I, Sec. 104(h), 73 Stat. 387, and renumbered Oct. 23,

1962, Pub. L. 87-849, Sec. 1(d), 76 Stat. 1125, related to receipt

or charge of commissions or gifts for farm loan, land bank, or

small business transactions, prior to repeal by Pub. L. 98-473,

title II, Sec. 1107(b), Oct. 12, 1984, 98 Stat. 2146.

Another prior section 216, act June 25, 1948, ch. 645, 62 Stat.

694, which related to procurement of a contract by an officer or

Member of Congress, was repealed by section 1(c) of Pub. L. 87-849.

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-280, Sec. 5(f)(1), substituted

''section 203, 204, 205, 207, 208, or 209'' for ''sections 203,

204, 205, 207, 208, and 209''.

Subsec. (b). Pub. L. 101-280, Sec. 5(f)(2), substituted ''section

203, 204, 205, 207, 208, or 209'' for ''sections 203, 204, 205,

207, 208, and 209''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 203, 204, 205, 207, 208,

209 of this title.

-CITE-

18 USC Sec. 217 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 217. Acceptance of consideration for adjustment of farm

indebtedness

-STATUTE-

Whoever, being an officer or employee of, or person acting for

the United States or any agency thereof, accepts any fee,

commission, gift, or other consideration in connection with the

compromise, adjustment, or cancellation of any farm indebtedness as

provided by sections 1150, 1150a, and 1150b of Title 12, shall be

fined under this title or imprisoned not more than one year, or

both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 696, Sec. 217, formerly Sec. 222;

renumbered Sec. 217, Pub. L. 87-849, Sec. 1(d), Oct. 23, 1962, 76

Stat. 1125; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept.

13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 1150c(b) of title 12, U.S.C., 1940 ed., Banks

and Banking (Dec. 20, 1944, ch. 623, Sec. 4(b), 58 Stat. 837).

Words ''upon conviction thereof'' were omitted as surplusage,

since punishment cannot be imposed until after conviction.

Other changes were made in phraseology without change of

substance.

PRIOR PROVISIONS

A prior section 217 of this title was renumbered section 212.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000''.

-CITE-

18 USC Sec. 218 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 218. Voiding transactions in violation of chapter; recovery by

the United States

-STATUTE-

In addition to any other remedies provided by law the President

or, under regulations prescribed by him, the head of any department

or agency involved, may declare void and rescind any contract,

loan, grant, subsidy, license, right, permit, franchise, use,

authority, privilege, benefit, certificate, ruling, decision,

opinion, or rate schedule awarded, granted, paid, furnished, or

published, or the performance of any service or transfer or

delivery of any thing to, by or for any agency of the United States

or officer or employee of the United States or person acting on

behalf thereof, in relation to which there has been a final

conviction for any violation of this chapter, and the United States

shall be entitled to recover in addition to any penalty prescribed

by law or in a contract the amount expended or the thing

transferred or delivered on its behalf, or the reasonable value

thereof.

-SOURCE-

(Added Pub. L. 87-849, Sec. 1(e), Oct. 23, 1962, 76 Stat. 1125.)

-MISC1-

PRIOR PROVISIONS

A prior section 218 of this title was renumbered section 213.

EFFECTIVE DATE

Section effective 90 days after Oct. 23, 1962, see section 4 of

Pub. L. 87-849, set out as a note under section 201 of this title.

-EXEC-

EX. ORD. NO. 12448. EXERCISE OF AUTHORITY

Ex. Ord. No. 12448, Nov. 4, 1983, 48 F.R. 51281, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States of America, including section 218

of title 18 of the United States Code, and in order to provide

federal agencies with the authority to promulgate regulations for

voiding or rescinding contracts or other benefits obtained through

bribery, graft or conflict of interest, it is hereby ordered as

follows:

Section 1. The head of each Executive department, Military

department and Executive agency is hereby delegated the authority

vested in the President to declare void and rescind the

transactions set forth in section 218 of title 18 of the United

States Code in relation to which there has been a final conviction

for any violation of chapter 11 of title 18.

Sec. 2. The head of each Executive department and agency

described in section 1 may exercise the authority hereby delegated

by promulgating implementing regulations; provided that the

Secretary of Defense, the Administrator of General Services and the

Administrator of the National Aeronautics and Space Administration

jointly shall issue government-wide implementing regulations

related to voiding or rescission of contracts.

Sec. 3. Implementing regulations adopted pursuant to this Order

shall, at a minimum, provide the following procedural protections:

(a) Written notice of the proposed action shall be given in each

case to the person or entity affected;

(b) The person or entity affected shall be afforded an

opportunity to submit pertinent information on its behalf before a

final decision is made;

(c) Upon the request of the person or entity affected, a hearing

shall be held at which it shall have the opportunity to call

witnesses on its behalf and confront any witness the agency may

present; and

(d) The head of the agency or his designee shall issue a final

written decision specifying the amount of restitution or any other

remedy authorized by section 218, provided that such remedy shall

take into consideration the fair value of any tangible benefits

received and retained by the agency. Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 202 of this title.

-CITE-

18 USC Sec. 219 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 219. Officers and employees acting as agents of foreign

principals

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 89-486, Sec. 8(b), July 4, 1966, 80 Stat. 249;

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.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Agents Registration Act of 1938, as amended, referred

to in subsec. (a), is act June 8, 1938, ch. 327, 52 Stat. 631, as

amended, which is classified generally to subchapter II (Sec. 611

et seq.) of chapter 11 of Title 22, Foreign Relations and

Intercourse. Section 6 of the Foreign Agents Registration Act of

1938 is classified to section 616 of Title 22. For complete

classification of this Act to the Code, see Short Title note set

out under section 611 of Title 22 and Tables.

The Lobbying Disclosure Act of 1995, referred to in subsec. (a),

is Pub. L. 104-65, Dec. 19, 1995, 109 Stat. 691, which is

classified principally to chapter 26 (Sec. 1601 et seq.) of Title

2, The Congress. Section 3(6) of the Act is classified to section

1602(6) of Title 2. For complete classification of this Act to the

Code, see Short Title note set out under section 1601 of Title 2

and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 219 was renumbered section 214.

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-65 substituted ''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'' for '', as amended,''.

1990 - Subsec. (c). Pub. L. 101-647 substituted ''Government''

for ''Governments'' before ''thereof''.

1986 - Subsec. (a). Pub. L. 99-646, Sec. 30(1), designated first

par. as subsec. (a) and amended it generally, which prior to

amendment read as follows: ''Whoever, being a public official of

the United States in the executive, legislative, or judicial branch

of the Government or in any agency of the United States, including

the District of Columbia, is or acts as an agent of a foreign

principal required to register under the Foreign Agents

Registration Act of 1938, as amended, shall be fined not more than

$10,000 or imprisoned for not more than two years, or both.''

Subsec. (b). Pub. L. 99-646, Sec. 30(2), designated second par.

as subsec. (b).

Subsec. (c). Pub. L. 99-646, Sec. 30(2), (3), designated third

par. as subsec. (c) and substituted ''Delegate'' for ''Delegate

from the District of Columbia'' and ''branch of Government'' for

''branch of Government, or a juror''.

1984 - Pub. L. 98-473 substituted ''a public official'' for ''an

officer or employee'' in first par., and inserted par. defining

''public official''.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-65 effective Jan. 1, 1996, except as

otherwise provided, see section 24 of Pub. L. 104-65, set out as an

Effective Date note under section 1601 of Title 2, The Congress.

EFFECTIVE DATE

Section effective ninety days after July 4, 1966, see section 9

of Pub. L. 89-486, set out as an Effective Date of 1966 Amendment

note under section 611 of Title 22, Foreign Relations and

Intercourse.

-CITE-

18 USC Sec. 220 to 222 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

(Sec. 220 to 222. Renumbered Sec. 215 to 217)

-CITE-

18 USC Sec. 223 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

(Sec. 223. Repealed. Pub. L. 87-849, Sec. 1(c), Oct. 23, 1962, 76

Stat. 1125)

-MISC1-

Section, act June 25, 1948, ch. 645, 62 Stat. 696, related to

transactions of the Home Owners' Loan Corporation.

EFFECTIVE DATE OF REPEAL

Repeal effective 90 days after Oct. 23, 1962, see section 4 of

Pub. L. 87-849, set out as an Effective Date note under section 201

of this title.

-CITE-

18 USC Sec. 224 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 224. Bribery in sporting contests

-STATUTE-

(a) Whoever carries into effect, attempts to carry into effect,

or conspires with any other person to carry into effect any scheme

in commerce to influence, in any way, by bribery any sporting

contest, with knowledge that the purpose of such scheme is to

influence by bribery that contest, shall be fined under this title,

or imprisoned not more than 5 years, or both.

(b) This section shall not be construed as indicating an intent

on the part of Congress to occupy the field in which this section

operates to the exclusion of a law of any State, territory,

Commonwealth, or possession of the United States, and no law of any

State, territory, Commonwealth, or possession of the United States,

which would be valid in the absence of the section shall be

declared invalid, and no local authorities shall be deprived of any

jurisdiction over any offense over which they would have

jurisdiction in the absence of this section.

(c) As used in this section -

(1) The term ''scheme in commerce'' means any scheme

effectuated in whole or in part through the use in interstate or

foreign commerce of any facility for transportation or

communication;

(2) The term ''sporting contest'' means any contest in any

sport, between individual contestants or teams of contestants

(without regard to the amateur or professional status of the

contestants therein), the occurrence of which is publicly

announced before its occurrence;

(3) The term ''person'' means any individual and any

partnership, corporation, association, or other entity.

-SOURCE-

(Added Pub. L. 88-316, Sec. 1(a), June 6, 1964, 78 Stat. 203;

amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13,

1994, 108 Stat. 2147.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $10,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2516 of this title.

-CITE-

18 USC Sec. 225 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-

Sec. 225. Continuing financial crimes enterprise

-STATUTE-

(a) Whoever -

(1) organizes, manages, or supervises a continuing financial

crimes enterprise; and

(2) receives $5,000,000 or more in gross receipts from such

enterprise during any 24-month period,

shall be fined not more than $10,000,000 if an individual, or

$20,000,000 if an organization, and imprisoned for a term of not

less than 10 years and which may be life.

(b) For purposes of subsection (a), the term ''continuing

financial crimes enterprise'' means a series of violations under

section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of

this title, or section 1341 or 1343 affecting a financial

institution, committed by at least 4 persons acting in concert.

-SOURCE-

(Added Pub. L. 101-647, title XXV, Sec. 2510(a), Nov. 29, 1990, 104

Stat. 4863.)

-CITE-