-CITE-
    18 USC CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF
           INTEREST                                        01/03/2007

-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      

-MISC1-
    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 financial institution
                 examiner.                                            
    213.        Acceptance of loan or gratuity by financial
                 institution 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.               
    226.        Bribery affecting port security.                      

                                AMENDMENTS                            
      2006 - Pub. L. 109-177, title III, Sec. 309(b), Mar. 9, 2006, 120
    Stat. 242, added item 226.
      2003 - Pub. L. 108-198, Sec. 2(b), Dec. 19, 2003, 117 Stat. 2900,
    added items 212 and 213 and struck out former items 212 "Offer of
    loan or gratuity to bank examiner" and 213 "Acceptance of loan or
    gratuity by bank examiner".
      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.

-End-

-CITE-
    18 USC Sec. 201                                             01/03/2007

-EXPCITE-
    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, Secs. 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.

                                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 2003 AMENDMENT                   
      Pub. L. 108-198, Sec. 1, Dec. 19, 2003, 117 Stat. 2899, provided
    that: "This Act [enacting sections 212 and 213 of this title and
    repealing former sections 212 and 213 of this title] may be cited
    as the 'Preserving Independence of Financial Institution
    Examinations Act of 2003'."

                       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.

-MISC2-
       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.(!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.(!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: (!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 (!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.(!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.(!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.(!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 standards, 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.(!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                             
      (!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.
      (!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).
      (!3) S. Rept. 2213, 87th Cong., 2d sess., p. 6.
      (!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."
      (!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.
      (!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.
      (!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.
      (!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.

-End-

-CITE-
    18 USC Sec. 202                                             01/03/2007

-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)
    (!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.

      (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 Government Accountability Office,
        the Government Printing Office, the Library of Congress, the
        Office of Technology Assessment, the Congressional Budget
        Office, the United States Capitol Police, and any other agency,
        entity, office, or commission established in the legislative
        branch.

-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; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118
    Stat. 814.)

-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.

-MISC1-
                             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                            
      2004 - Subsec. (e)(3)(B). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      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.

-MISC2-
                     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.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    18 USC Sec. 203                                             01/03/2007

-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.

-MISC2-
                                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."

-End-

-CITE-
    18 USC Sec. 204                                             01/03/2007

-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.

-End-

-CITE-
    18 USC Sec. 205                                             01/03/2007

-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.

-MISC1-
                             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.

-MISC2-
                                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.

-End-

-CITE-
    18 USC Sec. 206                                             01/03/2007

-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.

-End-

-CITE-
    18 USC Sec. 207                                             01/03/2007

-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 that person is paid at a rate of basic
        pay which is equal to or greater than 86.5 percent of the rate
        of basic pay for level II of the Executive Schedule, or, for a
        period of 2 years following the enactment of the National
        Defense Authorization Act for Fiscal Year 2004, a person who,
        on the day prior to the enactment of that Act, was employed in
        a position which is not referred to in clause (i) and for which
        the rate of basic pay, exclusive of any locality-based pay
        adjustment under section 5304 or section 5304a of title 5, was
        equal to or greater than the rate of basic pay payable for
        level 5 of the Senior Executive Service on the day prior to the
        enactment of that Act,
          (iii) appointed by the President to a position under section
        105(a)(2)(B) of title 3 or by the Vice President to a position
        under section 106(a)(1)(B) of title 3,
          (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 Government
        Accountability 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 (!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 - 

            (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, Secs. 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, Secs. 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, Secs. 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; Pub. L. 108-136,
    div. A, title XI, Sec. 1125(b)(1), Nov. 24, 2003, 117 Stat. 1639;
    Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-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.
      Levels I and II of the Executive Schedule, referred to in
    subsecs. (c)(2)(A)(ii) and (d)(1)(B), are set out in sections 5312
    and 5313, respectively, of Title 5, Government Organization and
    Employees.
      The National Defense Authorization Act for Fiscal Year 2004,
    referred to in subsec. (c)(2)(A)(ii), is Pub. L. 108-136, Nov. 24,
    2003, 117 Stat. 1392. For complete classification of this Act to
    the Code, see Tables.
      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.
      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.

-MISC1-
                             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                            
      2004 - Subsec. (e)(7)(G). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      2003 - Subsec. (c)(2)(A)(ii). Pub. L. 108-136 amended cl. (ii)
    generally. Prior to amendment, cl. (ii) read as follows: "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,".
      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 2003 AMENDMENT                 
      Amendment by Pub. L. 108-136 effective on first day of first pay
    period beginning on or after Jan. 1, 2004, see section 1125(c)(1)
    of Pub. L. 108-136, set out as a note under section 5304 of Title
    5, Government Organization and Employees.

                     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.

-MISC2-
               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.

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection".

-End-

-CITE-
    18 USC Sec. 208                                             01/03/2007

-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, Secs. 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.

-MISC1-
                             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.

-MISC2-
                        "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.

-End-

-CITE-
    18 USC Sec. 209                                             01/03/2007

-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.
      (h) This section does not prohibit a member of the reserve
    components of the armed forces on active duty pursuant to a call or
    order to active duty under a provision of law referred to in
    section 101(a)(13) of title 10 from receiving from any person that
    employed such member before the call or order to active duty any
    payment of any part of the salary or wages that such person would
    have paid the member if the member's employment had not been
    interrupted by such call or order to active duty.

-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; Pub. L. 108-375,
    div. A, title VI, Sec. 663, Oct. 28, 2004, 118 Stat. 1974.)

-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.

-MISC1-
                             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                            
      2004 - Subsec. (h). Pub. L. 108-375 added subsec. (h).
      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.

-End-

-CITE-
    18 USC Sec. 210                                             01/03/2007

-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., Secs. 149 and 151 (Dec. 11,
    1926, c. 3, Secs. 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".

-End-

-CITE-
    18 USC Sec. 211                                             01/03/2007

-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., Secs. 150 and 151 (Dec. 11,
    1926, ch. 3, Secs. 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.

-End-

-CITE-
    18 USC Sec. 212                                             01/03/2007

-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 financial institution
      examiner

-STATUTE-
      (a) In General. - Except as provided in subsection (b), whoever,
    being an officer, director, or employee of a financial institution,
    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, association, or
    institution - 
        (1) shall be fined under this title, imprisoned not more than 1
      year, or both; and
        (2) may be fined a further sum equal to the money so loaned or
      gratuity given.

      (b) Regulations. - A Federal financial institution regulatory
    agency may prescribe regulations establishing additional
    limitations on the application for and receipt of credit under this
    section and on the application and receipt of residential mortgage
    loans under this section, after consulting with each other Federal
    financial institution regulatory agency.
      (c) Definitions. - In this section:
        (1) Examiner. - The term "examiner" means any person - 
          (A) appointed by a Federal financial institution regulatory
        agency or pursuant to the laws of any State to examine a
        financial institution; or
          (B) elected under the law of any State to conduct
        examinations of any financial institutions.

        (2) Federal financial institution regulatory agency. - The term
      "Federal financial institution regulatory agency" means - 
          (A) the Office of the Comptroller of the Currency;
          (B) the Board of Governors of the Federal Reserve System;
          (C) the Office of Thrift Supervision;
          (D) the Federal Deposit Insurance Corporation;
          (E) the Federal Housing Finance Board;
          (F) the Farm Credit Administration;
          (G) the Farm Credit System Insurance Corporation; and
          (H) the Small Business Administration.

        (3) Financial institution. - The term "financial institution"
      does not include a credit union, a Federal Reserve Bank, a
      Federal home loan bank, or a depository institution holding
      company.
        (4) Loan. - The term "loan" does not include any credit card
      account established under an open end consumer credit plan or a
      loan secured by residential real property that is the principal
      residence of the examiner, if - 
          (A) the applicant satisfies any financial requirements for
        the credit card account or residential real property loan that
        are generally applicable to all applicants for the same type of
        credit card account or residential real property loan;
          (B) the terms and conditions applicable with respect to such
        account or residential real property loan, and any credit
        extended to the examiner under such account or residential real
        property loan, are no more favorable generally to the examiner
        than the terms and conditions that are generally applicable to
        credit card accounts or residential real property loans offered
        by the same financial institution to other borrowers
        cardholders (!1) in comparable circumstances under open end
        consumer credit plans or for residential real property loans;
        and

          (C) with respect to residential real property loans, the loan
        is with respect to the primary residence of the applicant.

-SOURCE-
    (Added Pub. L. 108-198, Sec. 2(a), Dec. 19, 2003, 117 Stat. 2899.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 212, acts 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, Secs. 330004(1), 330010(1), 330016(1)(K),
    Sept. 13, 1994, 108 Stat. 2141, 2143, 2147, related to offer of
    loan or gratuity to bank examiner, prior to repeal by Pub. L. 108-
    198, Sec. 2(a), Dec. 19, 2003, 117 Stat. 2899.
      Another 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.

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    18 USC Sec. 213                                             01/03/2007

-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 financial institution
      examiner

-STATUTE-
      (a) In General. - Whoever, being an examiner or assistant
    examiner, accepts a loan or gratuity from any bank, branch, agency,
    organization, corporation, association, or institution examined by
    the examiner or from any person connected with it, shall - 
        (1) be fined under this title, imprisoned not more than 1 year,
      or both;
        (2) may be fined a further sum equal to the money so loaned or
      gratuity given; and
        (3) shall be disqualified from holding office as an examiner.

      (b) Definitions. - In this section, the terms "examiner",
    "Federal financial institution regulatory agency", "financial
    institution", and "loan" have the same meanings as in section 212.

-SOURCE-
    (Added Pub. L. 108-198, Sec. 2(a), Dec. 19, 2003, 117 Stat. 2900.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 213, acts 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, Secs. 330004(2), 330016(1)(K), Sept. 13,
    1994, 108 Stat. 2141, 2147, related to acceptance of loan or
    gratuity by bank examiner, prior to repeal by Pub. L. 108-198, Sec.
    2(a), Dec. 19, 2003, 117 Stat. 2899.
      Another 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.

-End-

-CITE-
    18 USC Sec. 214                                             01/03/2007

-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".

-End-

-CITE-
    18 USC Sec. 215                                             01/03/2007

-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, Secs. 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]."

-End-

-CITE-
    18 USC Sec. 216                                             01/03/2007

-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".

-End-

-CITE-
    18 USC Sec. 217                                             01/03/2007

-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 was renumbered section 212 of this title and
    subsequently repealed.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $1,000".

-End-

-CITE-
    18 USC Sec. 218                                             01/03/2007

-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 was renumbered section 213 of this title and
    subsequently repealed.

                              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.

-End-

-CITE-
    18 USC Sec. 219                                             01/03/2007

-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.

-MISC1-
                             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.

-End-

-CITE-
    18 USC Secs. 220 to 222                                     01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-
    [Secs. 220 to 222. Renumbered Secs. 215 to 217]
-STATUTE-

-End-

-CITE-
    18 USC Sec. 223                                             01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-
    Sec. 223. Repealed.

-MISC1-
    [Sec. 223. Repealed. Pub. L. 87-849, Sec. 1(c), Oct. 23, 1962, 76
      Stat. 1125].
      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.

-End-

-CITE-
    18 USC Sec. 224                                             01/03/2007

-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".

-End-

-CITE-
    18 USC Sec. 225                                             01/03/2007

-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.)

-End-

-CITE-
    18 USC Sec. 226                                             01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

-HEAD-
    Sec. 226. Bribery affecting port security

-STATUTE-
      (a) In General. - Whoever knowingly - 
        (1) directly or indirectly, corruptly gives, offers, or
      promises anything of value to any public or private person, with
      intent to commit international terrorism or domestic terrorism
      (as those terms are defined under section 2331), to - 
          (A) influence any action or any person to commit or aid in
        committing, or collude in, or allow, any fraud, or make
        opportunity for the commission of any fraud affecting any
        secure or restricted area or seaport; or
          (B) induce any official or person to do or omit to do any act
        in violation of the lawful duty of such official or person that
        affects any secure or restricted area or seaport; or

        (2) 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
        affecting any secure or restricted area or seaport; and
          (B) knowing that such influence will be used to commit, or
        plan to commit, international or domestic terrorism,

    shall be fined under this title or imprisoned not more than 15
    years, or both.
      (b) Definition. - In this section, the term "secure or restricted
    area" means an area of a vessel or facility designated as secure in
    an approved security plan, as required under section 70103 of title
    46, United States Code, and the rules and regulations promulgated
    under that section.

-SOURCE-
    (Added Pub. L. 109-177, title III, Sec. 309(a), Mar. 9, 2006, 120
    Stat. 241.)

-End-