713 
‘‘(A) IN
GENERAL.—Subsection (a) does 
not apply to tobacco products mailed only— 
‘‘(i) for business purposes between le-
gally operating businesses that have all ap-
plicable State and Federal Government li-
censes or permits and are engaged in to-
bacco product manufacturing, distribution, 
wholesale, export, import, testing, inves-
tigation, or research; or 
‘‘(ii) for regulatory purposes between 
any business described in clause (i) and an 
agency of the Federal Government or a 
State government. 
‘‘(B) RULES.— 
‘‘(i) IN
GENERAL.—The Postmaster 
General shall by rule establish the stand-
ards and requirements that apply to all 
mailings described in subparagraph (A). 
‘‘(ii) CONTENTS.—The rules issued 
under clause (i) shall require— 
‘‘(I) the United States Postal 
Service to verify that any person sub-
mitting an otherwise nonmailable to-
bacco product into the mails as au-
thorized under this paragraph is a 
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business or government agency per-
mitted to make a mailing under this 
paragraph; 
‘‘(II) the United States Postal 
Service to ensure that any recipient of 
an 
otherwise 
nonmailable 
tobacco 
product sent through the mails under 
this paragraph is a business or gov-
ernment agency that may lawfully re-
ceive the product; 
‘‘(III) that any mailing described 
in subparagraph (A) shall be sent 
through the systems of the United 
States Postal Service that provide for 
the tracking and confirmation of the 
delivery; 
‘‘(IV) that the identity of the 
business or government entity submit-
ting the mailing containing otherwise 
nonmailable tobacco products for de-
livery and the identity of the business 
or government entity receiving the 
mailing are clearly set forth on the 
package; 
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‘‘(V) the United States Postal 
Service to maintain identifying infor-
mation described in subclause (IV) 
during the 3-year period beginning on 
the date of the mailing and make the 
information available to the Postal 
Service, the Attorney General of the 
United States, and to persons eligible 
to bring enforcement actions under 
section 4(d) of the Jenkins Act; 
‘‘(VI) that any mailing described 
in subparagraph (A) be marked with 
a United States Postal Service label 
or marking that makes it clear to em-
ployees of the United States Postal 
Service that it is a permitted mailing 
of 
otherwise 
nonmailable 
tobacco 
products that may be delivered only to 
a permitted government agency or 
business and may not be delivered to 
any residence or individual person; 
and 
‘‘(VII) that any mailing described 
in subparagraph (A) be delivered only 
to a verified employee of the recipient 
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business or government agency, who is 
not a minor and who shall be required 
to sign for the mailing. 
‘‘(C) DEFINITION.—In this paragraph, the 
term ‘minor’ means an individual who is less 
than the minimum age required for the legal 
sale or purchase of tobacco products as deter-
mined by applicable law at the place the indi-
vidual is located. 
‘‘(4) CERTAIN INDIVIDUALS.— 
‘‘(A) IN
GENERAL.—Subsection (a) does 
not apply to tobacco products mailed by individ-
uals who are not minors for noncommercial 
purposes, including the return of a damaged or 
unacceptable tobacco product to the manufac-
turer. 
‘‘(B) RULES.— 
‘‘(i) IN
GENERAL.—The Postmaster 
General shall by rule establish the stand-
ards and requirements that apply to all 
mailings described in subparagraph (A). 
‘‘(ii) CONTENTS.—The rules issued 
under clause (i) shall require— 
‘‘(I) the United States Postal 
Service to verify that any person sub-
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mitting an otherwise nonmailable to-
bacco product into the mails as au-
thorized under this paragraph is the 
individual identified on the return ad-
dress label of the package and is not 
a minor; 
‘‘(II) for a mailing to an indi-
vidual, the United States Postal Serv-
ice to require the person submitting 
the otherwise nonmailable tobacco 
product into the mails as authorized 
by this paragraph to affirm that the 
recipient is not a minor; 
‘‘(III) that any package mailed 
under this paragraph shall weigh not 
more than 10 ounces; 
‘‘(IV) that any mailing described 
in subparagraph (A) shall be sent 
through the systems of the United 
States Postal Service that provide for 
the tracking and confirmation of the 
delivery; 
‘‘(V) that a mailing described in 
subparagraph (A) shall not be deliv-
ered or placed in the possession of any 
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individual who has not been verified 
as not being a minor; 
‘‘(VI) for a mailing described in 
subparagraph (A) to an individual, 
that the United States Postal Service 
shall deliver the package only to a re-
cipient who is verified not to be a 
minor at the recipient address or 
transfer it for delivery to an Air/Army 
Postal Office or Fleet Postal Office 
number designated in the recipient 
address; and 
‘‘(VII) that no person may ini-
tiate more than 10 mailings described 
in subparagraph (A) during any 30- 
day period. 
‘‘(C) DEFINITION.—In this paragraph, the 
term ‘minor’ means an individual who is less 
than the minimum age required for the legal 
sale or purchase of tobacco products as deter-
mined by applicable law at the place the indi-
vidual is located. 
‘‘(5) EXCEPTION FOR MAILINGS FOR CONSUMER 
TESTING BY MANUFACTURERS.— 
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‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), subsection (a) does not preclude a 
legally operating cigarette manufacturer or a le-
gally authorized agent of a legally operating 
cigarette manufacturer from using the United 
States Postal Service to mail cigarettes to 
verified adult smoker solely for consumer test-
ing purposes, if— 
‘‘(i) the cigarette manufacturer has a 
permit, in good standing, issued under sec-
tion 5713 of the Internal Revenue Code of 
1986; 
‘‘(ii) the package of cigarettes mailed 
under this paragraph contains not more 
than 12 packs of cigarettes (240 ciga-
rettes); 
‘‘(iii) the recipient does not receive 
more than 1 package of cigarettes from 
any 1 cigarette manufacturer under this 
paragraph during any 30-day period; 
‘‘(iv) all taxes on the cigarettes mailed 
under this paragraph levied by the State 
and locality of delivery are paid to the 
State and locality before delivery, and tax 
stamps or other tax-payment indicia are 
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affixed to the cigarettes as required by law; 
and 
‘‘(v)(I) the recipient has not made any 
payments of any kind in exchange for re-
ceiving the cigarettes; 
‘‘(II) the recipient is paid a fee 
by the manufacturer or agent of the 
manufacturer for participation in con-
sumer product tests; and 
‘‘(III) the recipient, in connection 
with the tests, evaluates the cigarettes 
and provides feedback to the manufac-
turer or agent. 
‘‘(B) 
LIMITATION.—Subparagraph 
(A) 
does not permit a manufacturer, directly or 
through a legally authorized agent, to mail ciga-
rettes in any calendar year in a total amount 
greater than 1 percent of the total cigarette 
sales of the manufacturer in the United States 
during the calendar year before the date of the 
mailing. 
‘‘(C) RULES.— 
‘‘(i) IN
GENERAL.—The Postmaster 
General shall by rule establish the stand-
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ards and requirements that apply to all 
mailings described in subparagraph (A). 
‘‘(ii) CONTENTS.—The rules issued 
under clause (i) shall require— 
‘‘(I) the United States Postal 
Service to verify that any person sub-
mitting a tobacco product into the 
mails under this paragraph is a le-
gally operating cigarette manufacturer 
permitted to make a mailing under 
this paragraph, or an agent legally 
authorized by the legally operating 
cigarette manufacturer to submit the 
tobacco product into the mails on be-
half of the manufacturer; 
‘‘(II) the legally operating ciga-
rette manufacturer submitting the 
cigarettes into the mails under this 
paragraph to affirm that— 
‘‘(aa) the manufacturer or 
the legally authorized agent of 
the manufacturer has verified 
that the recipient is an adult es-
tablished smoker; 
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‘‘(bb) the recipient has not 
made any payment for the ciga-
rettes; 
‘‘(cc) 
the 
recipient 
has 
signed a written statement that 
is in effect indicating that the re-
cipient wishes to receive the mail-
ings; and 
‘‘(dd) the manufacturer or 
the legally authorized agent of 
the manufacturer has offered the 
opportunity for the recipient to 
withdraw the written statement 
described in item (cc) not less 
frequently than once in every 3- 
month period; 
‘‘(III) the legally operating ciga-
rette manufacturer or the legally au-
thorized agent of the manufacturer 
submitting the cigarettes into the 
mails under this paragraph to affirm 
that any package mailed under this 
paragraph contains not more than 12 
packs of cigarettes (240 cigarettes) on 
which all taxes levied on the cigarettes 
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by the State and locality of delivery 
have been paid and all related State 
tax stamps or other tax-payment indi-
cia have been applied; 
‘‘(IV) that any mailing described 
in subparagraph (A) shall be sent 
through the systems of the United 
States Postal Service that provide for 
the tracking and confirmation of the 
delivery; 
‘‘(V) the United States Postal 
Service to maintain records relating to 
a mailing described in subparagraph 
(A) during the 3-year period begin-
ning on the date of the mailing and 
make the information available to per-
sons enforcing this section; 
‘‘(VI) that any mailing described 
in subparagraph (A) be marked with 
a United States Postal Service label 
or marking that makes it clear to em-
ployees of the United States Postal 
Service that it is a permitted mailing 
of 
otherwise 
nonmailable 
tobacco 
products that may be delivered only to 
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the named recipient after verifying 
that the recipient is an adult; and 
‘‘(VII) the United States Postal 
Service shall deliver a mailing de-
scribed in subparagraph (A) only to 
the named recipient and only after 
verifying that the recipient is an 
adult. 
‘‘(D) DEFINITIONS.—In this paragraph— 
‘‘(i) the term ‘adult’ means an indi-
vidual who is not less than 21 years of age; 
and 
‘‘(ii) the term ‘consumer testing’ 
means testing limited to formal data collec-
tion and analysis for the specific purpose 
of evaluating the product for quality assur-
ance and benchmarking purposes of ciga-
rette brands or sub-brands among existing 
adult smokers. 
‘‘(6) FEDERAL
GOVERNMENT
AGENCIES.—An 
agency of the Federal Government involved in the 
consumer testing of tobacco products solely for pub-
lic health purposes may mail cigarettes under the 
same requirements, restrictions, and rules and pro-
cedures that apply to consumer testing mailings of 
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cigarettes by manufacturers under paragraph (5), 
except that the agency shall not be required to pay 
the recipients for participating in the consumer test-
ing. 
‘‘(c) ADDITIONAL PENALTIES.—In addition to any 
other fines and penalties under this title for violations of 
this section, any person violating this section shall be sub-
ject to an additional civil penalty in the amount equal to 
10 times the retail value of the nonmailable cigarettes or 
smokeless tobacco, including all Federal, State, and local 
taxes. 
‘‘(d) CRIMINAL PENALTY.—Whoever knowingly de-
posits for mailing or delivery, or knowingly causes to be 
delivered by mail, according to the direction thereon, or 
at any place at which it is directed to be delivered by the 
person to whom it is addressed, anything that is non-
mailable matter under this section shall be fined under 
this title, imprisoned not more than 1 year, or both. 
‘‘(e) ACTIONS BY STATE, LOCAL, OR TRIBAL GOV-
ERNMENTS RELATING
TO CERTAIN TOBACCO PROD-
UCTS.— 
‘‘(1) IN GENERAL.—A State, through its attor-
ney general, or a local government or Indian tribe 
that levies an excise tax on tobacco products, 
through its chief law enforcement officer, may in a 
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civil action in a United States district court obtain 
appropriate relief with respect to a violation of this 
section. Appropriate relief includes injunctive and 
equitable relief and damages equal to the amount of 
unpaid taxes on tobacco products mailed in violation 
of this section to addressees in that State, locality, 
or tribal land. 
‘‘(2) SOVEREIGN IMMUNITY.—Nothing in this 
subsection abrogates or constitutes a waiver of any 
sovereign immunity of a State or local government 
or Indian tribe against any unconsented lawsuit 
under paragraph (1), or otherwise to restrict, ex-
pand, or modify any sovereign immunity of a State 
or local government or Indian tribe. 
‘‘(3) 
ATTORNEY
GENERAL
REFERRAL.—A 
State, through its attorney general, or a local gov-
ernment or Indian tribe that levies an excise tax on 
tobacco products, through its chief law enforcement 
officer, may provide evidence of a violation of this 
section for commercial purposes by any person not 
subject to State, local, or tribal government enforce-
ment actions for violations of this section to the At-
torney General of the United States, who shall take 
appropriate actions to enforce this section. 
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‘‘(4) NONEXCLUSIVITY
OF
REMEDIES.—The 
remedies available under this subsection are in addi-
tion to any other remedies available under Federal, 
State, local, tribal, or other law. Nothing in this sub-
section shall be construed to expand, restrict, or oth-
erwise modify any right of an authorized State, 
local, or tribal government official to proceed in a 
State, tribal, or other appropriate court, or take 
other enforcement actions, on the basis of an alleged 
violation of State, local, tribal, or other law. 
‘‘(5) OTHER
ENFORCEMENT
ACTIONS.—Noth-
ing in this subsection shall be construed to prohibit 
an authorized State official from proceeding in State 
court on the basis of an alleged violation of any gen-
eral civil or criminal statute of the State. 
‘‘§ 952. Franking privilege 
‘‘Whoever makes use of any official envelope, label, 
or indorsement authorized by law, to avoid the payment 
of postage or registry fee on his private letter, packet, 
package, or other matter in the mail, shall be fined under 
this title. 
‘‘SUBCHAPTER 
H—SPECIAL 
MARITIME 
AND 
TERRITORIAL 
JURISDICTION 
OF 
THE 
UNITED STATES 
‘‘Sec. 
‘‘961. Laws of States adopted for areas within Federal jurisdiction. 
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‘‘§ 961. Laws of States adopted for areas within Fed-
eral jurisdiction 
‘‘(a) OFFENSE.—Whoever, within the reserved or ac-
quired special maritime or territorial jurisdiction of the 
United States, or on, above, or below any portion of the 
territorial sea of the United States not within the jurisdic-
tion of any State, is guilty of any act or omission which, 
although not made punishable by any enactment of Con-
gress, would be punishable if committed or omitted within 
the jurisdiction of the State in which such place is situ-
ated, by the laws thereof in force at the time of such act 
or omission, shall be guilty of a like offense and subject 
to a like punishment. 
‘‘(b) OPERATING A MOTOR VEHICLE UNDER THE IN-
FLUENCE OF ALCOHOL.— 
‘‘(1) LIMITATION ON RIGHT OR PRIVILEGE TO 
OPERATE
A MOTOR VEHICLE.—Subject to para-
graph (2) and for purposes of subsection (a) of this 
section, that which may or shall be imposed through 
judicial or administrative action under the law of a 
State for a conviction for operating a motor vehicle 
under the influence of a drug or alcohol, shall be 
considered to be a punishment provided by that law. 
Any limitation on the right or privilege to operate a 
motor vehicle imposed under this subsection shall 
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apply only to the special maritime and territorial ju-
risdiction of the United States. 
‘‘(2) ADDITIONAL PUNISHMENT.—In addition to any 
term of imprisonment provided for operating a motor vehi-
cle under the influence of a drug or alcohol imposed under 
the law of a State, the punishment for such an offense 
under this section shall include an additional term of im-
prisonment of not more than 1 year, or if serious bodily 
injury of a minor is caused, not more than 5 years, or 
if death of a minor is caused, not more than 10 years, 
and an additional fine under this title, or both, if— 
‘‘(A) a minor (other than the offender) was 
present in the motor vehicle when the offense was 
committed; and 
‘‘(B) the law of the State in which the offense 
occurred does not provide an additional term of im-
prisonment under the circumstances described in 
subparagraph (A). 
‘‘(c) TERRITORIAL SEA.—Whenever any waters of 
the territorial sea of the United States lie outside the terri-
tory of any State, such waters (including the airspace 
above and the seabed and subsoil below, and artificial is-
lands and fixed structures erected thereon) shall be 
deemed, for purposes of subsection (a), to lie within the 
area of the State that it would lie within if the boundaries 
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of such State were extended seaward to the outer limit 
of the territorial sea of the United States. 
‘‘CHAPTER 29—CRIMES RELATED TO PRO-
TECTION 
OF 
GOVERNMENT 
FUNC-
TIONS AND INTEGRITY 
‘‘Subchapter 
‘‘A. Bribery, graft, and conflicts of interest 
‘‘B. Claims and services in matters affecting government 
‘‘C. Contempts 
‘‘D. Elections and political activities 
‘‘E. Emblems, insignia, and names 
‘‘F. Escape and rescue 
‘‘G. False personation 
‘‘H. Fugitives from justice 
‘‘I. Obstruction of justice 
‘‘J. Prisons 
‘‘K. Public officers and employees 
‘‘L. Records and reports 
‘‘M. Searches and seizures 
‘‘N. Malicious mischief 
‘‘O. Public lands 
‘‘P. Restricted building or grounds 
‘‘SUBCHAPTER A—BRIBERY, GRAFT, AND 
CONFLICTS OF INTEREST 
‘‘Sec. 
‘‘991. Bribery of public officials and witnesses. 
‘‘992. Definitions for certain sections. 
‘‘993. Compensation to Members of Congress, officers, and others in matters af-
fecting the Government. 
‘‘994. Practice in United States Court of Federal Claims or the United States 
Court of Appeals for the Federal circuit by Members of Con-
gress. 
‘‘995. Activities of officers and employees in claims against and other matters 
affecting the Government. 
‘‘996. Exemption of retired officers of the uniformed services. 
‘‘997. Restrictions on former officers, employees, and elected officials of the Ex-
ecutive and legislative branches. 
‘‘998. Acts affecting a personal financial interest. 
‘‘999. Salary of Government officials and employees payable only by United 
States. 
‘‘1000. Offer to procure appointive public office. 
‘‘1001. Acceptance or solicitation to obtain appointive public office. 
‘‘1002. Offer or acceptance of loan or gratuity. 
‘‘1003. Receipt of commissions or gifts for procuring loans. 
‘‘1004. Penalties and injunctions. 
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‘‘1005. Voiding transactions in violation of subchapter; recovery by the United 
States. 
‘‘1006. Officers and employees acting as agents of foreign principals. 
‘‘1007. Bribery in sporting contests. 
‘‘1008. Continuing financial crimes enterprise. 
‘‘§ 991. Bribery of public officials and witnesses 
‘‘(a) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘public official’ means Member of 
Congress, Delegate, or Resident Commissioner, ei-
ther 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, pro-
ceeding 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) BRIBERY.—Whoever— 
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‘‘(1) corruptly gives, offers or promises any-
thing 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 of-
ficial 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 of-
ficial 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, corruptly demands, seeks, re-
ceives, accepts, or agrees to receive or accept any-
thing of value personally or for any other person or 
entity, in return for— 
‘‘(A) being influenced in the performance 
of any official act; 
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‘‘(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 offi-
cial or person; 
‘‘(3) corruptly gives, offers, or promises any-
thing 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 testi-
mony under oath or affirmation of such first-men-
tioned 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; or 
‘‘(4) corruptly demands, seeks, receives, ac-
cepts, 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, 
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hearing, or other proceeding, or in return for absent-
ing himself therefrom; 
shall be imprisoned for not more than fifteen years and 
may be disqualified from holding any office of honor, 
trust, or profit under the United States. 
‘‘(c) UNLAWFUL REWARDS.—Whoever— 
‘‘(1) otherwise than as provided by law for the 
proper discharge of official duty— 
‘‘(A) gives, offers, or promises anything of 
value to any public official, former public offi-
cial, 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 offi-
cial, otherwise than as provided by law for the 
proper discharge of official duty, demands, 
seeks, receives, accepts, or agrees to receive or 
accept anything of value personally for or be-
cause of any official act performed or to be per-
formed by such official or person; 
‘‘(2) gives, offers, or promises anything of value 
to any person, for or because of the testimony under 
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oath or affirmation given or to be given by such per-
son as a witness upon a trial, hearing, or other pro-
ceeding, 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) demands, seeks, receives, accepts, or 
agrees to receive or accept anything of value person-
ally 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 pro-
ceeding, or for or because of such person’s absence 
therefrom; 
shall be imprisoned for not more than two years. 
‘‘(d) EXCLUSION.—Paragraphs (3) and (4) of sub-
section (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 subsist-
ence incurred and the reasonable value of time lost in at-
tendance at any such trial, hearing, or proceeding, or in 
the case of expert witnesses, a reasonable fee for time 
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spent in the preparation of such opinion, and in appearing 
and testifying. 
‘‘§ 992. Definitions for certain sections 
‘‘(a) SECTIONS 993, 995, 997, 998, AND 999.—For 
the purpose of sections 993, 995, 997, 998, and 999 the 
term ‘special Government employee’ means— 
‘‘(1) 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, des-
ignated, appointed, or employed to perform, with or 
without compensation, for not to exceed one 130 
during any period of 365 consecutive days, tem-
porary duties either on a full-time or intermittent 
basis, a part-time United States commissioner, a 
part-time United States magistrate judge, or, re-
gardless of the number of days of appointment, an 
independent counsel appointed under chapter 40 of 
title 28 and any person appointed by that inde-
pendent counsel under section 594(c) of title 28; 
‘‘(2) every person serving as a part-time local 
representative of a Member of Congress in the Mem-
ber’s home district or State; and 
‘‘(3) notwithstanding sections 502, 2105(d), 
and 5534 of title 5, a Reserve officer of the Armed 
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Forces, or an officer of the National Guard of the 
United States, unless otherwise an officer or em-
ployee of the United States, while on active duty 
solely for training; 
except that 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 130 days shall be classified as an officer of the 
United States within the meaning of section 993 and sec-
tions 995 through 999 and 1005, and 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 993, 995, 997 through 999, and 1005, 
does not include enlisted members of the Armed Forces. 
‘‘(b) SECTIONS 995 AND 997.—For the purposes of 
sections 995 and 997, 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 subordi-
nates, to approve, disapprove, or otherwise direct Govern-
ment action. 
‘‘(c) EXCLUSION
FROM
‘OFFICER’ 
AND
‘EM-
PLOYEE’.—Except as otherwise provided in such sections, 
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the terms ‘officer’ and ‘employee’ in sections 993, 995, 
997 through 999, and 1005 does not include the Presi-
dent, the Vice President, a Member of Congress, or a Fed-
eral judge. 
‘‘(d) ‘MEMBER OF CONGRESS’.—The term ‘Member 
of Congress’ in sections 994 and 997 means— 
‘‘(1) a United States Senator; and 
‘‘(2) a Representative in, or a Delegate or Resi-
dent Commissioner to, the House of Representatives. 
‘‘(e) ADDITIONAL DEFINITIONS.—As used in this 
subchapter— 
‘‘(1) the term ‘executive branch’ includes each 
executive agency as defined in title 5, and any other 
entity or administrative unit in the executive branch; 
‘‘(2) the term ‘judicial branch’ means the Su-
preme 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 ar-
ticle 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 
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Federal Judicial Center; and any other agency, of-
fice, or entity in the judicial branch; and 
‘‘(3) the term ‘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 Govern-
ment Printing Office, the Library of Congress, 
the Office of Technology Assessment, the Con-
gressional Budget Office, the United States 
Capitol Police, and any other agency, entity, of-
fice, or commission established in the legislative 
branch. 
‘‘§ 993. Compensation to Members of Congress, offi-
cers, and others in matters affecting the 
Government 
‘‘(a) FEDERAL MATTERS.—Whoever, otherwise than 
as provided by law for the proper discharge of official du-
ties— 
‘‘(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 person-
ally or by another— 
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‘‘(A) at a time when such person is a 
Member of Congress, Member of Congress 
Elect, Delegate, Delegate Elect, Resident Com-
missioner, or Resident Commissioner Elect; or 
‘‘(B) at a time when such person is an offi-
cer 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 par-
ticular 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 per-
son to whom the compensation is given, promised, or 
offered, is or was such a Member, Member Elect, 
Delegate, Delegate Elect, Commissioner, Commis-
sioner Elect, Federal judge, officer, or employee; 
shall be subject to the penalties set forth in section 1004. 
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‘‘(b) DISTRICT OF COLUMBIA.—Whoever, otherwise 
than as provided by law for the proper discharge of official 
duties— 
‘‘(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 person-
ally 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, con-
troversy, charge, accusation, arrest, or other par-
ticular matter in which the District of Columbia is 
a party or has a direct and substantial interest, be-
fore any department, agency, court, officer, or com-
mission; or 
‘‘(2) knowingly gives, promises, or offers any 
compensation for any such representational services 
rendered or to be rendered at a time when the per-
son to whom the compensation is given, promised, or 
offered, is or was an officer or employee of the Dis-
trict of Columbia; 
shall be subject to the penalties set forth in section 1004. 
‘‘(c) SPECIAL GOVERNMENT EMPLOYEES.—A special 
Government employee shall be subject to subsections (a) 
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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 Gov-
ernment employee or as a special Government em-
ployee through decision, approval, disapproval, rec-
ommendation, 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 
does 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 imme-
diately preceding period of three hundred and sixty- 
five consecutive days. 
‘‘(d) EXCLUSION.—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 par-
ents, spouse, child, or any person for whom, or for any 
estate for which, he is serving as guardian, executor, ad-
ministrator, trustee, or other personal fiduciary except— 
‘‘(1) in those matters in which he has partici-
pated personally and substantially as a Government 
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employee or as a special Government employee 
through 
decision, 
approval, 
disapproval, 
rec-
ommendation, 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) CERTIFICATION
OF NATIONAL INTEREST.— 
Nothing in this section prevents a special Government em-
ployee 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) TESTIMONY AND STATEMENTS.—Nothing in this 
section prevents an individual from giving testimony under 
oath or from making statements required to be made 
under penalty of perjury. 
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‘‘§ 994. Practice in United States Court of Federal 
Claims or the United States Court of Ap-
peals for the Federal circuit by Members 
of Congress 
‘‘Whoever, being a Member of Congress or Member 
of Congress Elect, practices in the United States Court 
of Federal Claims or the United States Court of Appeals 
for the Federal Circuit shall be subject to the penalties 
set forth in section 1004. 
‘‘§ 995. Activities of officers and employees in claims 
against and other matters affecting the 
Government 
‘‘(a) FEDERAL MATTERS.—Whoever, being an officer 
or employee of the United States in the executive, legisla-
tive, or judicial branch of the Government or in any agen-
cy 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 prosecu-
tion of such claim; or 
‘‘(2) acts as agent or attorney for anyone before 
any department, agency, court, court-martial, offi-
cer, or civil, military, or naval commission in connec-
tion with any covered matter in which the United 
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States is a party or has a direct and substantial in-
terest; 
shall be subject to the penalties set forth in section 1004. 
‘‘(b) DISTRICT OF COLUMBIA.—Whoever, being an 
officer or employee of the District of Columbia or an offi-
cer or employee of the Office of the United States Attor-
ney 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 re-
ceives 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 commis-
sion 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 1004. 
‘‘(c) SPECIAL GOVERNMENT EMPLOYEES.—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 em-
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ployee or special Government employee through deci-
sion, 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) does not apply in the case of a special Gov-
ernment 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 consecu-
tive days. 
‘‘(d) EXCLUSION WITH RESPECT TO CERTAIN PER-
SONS.— 
‘‘(1) GENERALLY.—Nothing in subsection (a) 
or (b) prevents an officer or employee, if not incon-
sistent with the faithful performance of that officer’s 
or employee’s duties, from acting without compensa-
tion as agent or attorney for, or otherwise rep-
resenting— 
‘‘(A) any person who is the subject of dis-
ciplinary, loyalty, or other personnel adminis-
tration proceedings in connection with those 
proceedings; or 
‘‘(B) except as provided in paragraph (2), 
any cooperative, voluntary, professional, rec-
reational, or similar organization or group not 
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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) EXCEPTION.—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 pro-
ceeding 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 organiza-
tion or group. 
‘‘(e) EXCLUSION WITH RESPECT FAMILY MEM-
BERS.—Nothing in subsection (a) or (b) prevents an offi-
cer 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, adminis-
trator, trustee, or other personal fiduciary except— 
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‘‘(1) in those matters in which he has partici-
pated 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) CERTIFICATION
OF NATIONAL INTEREST.— 
Nothing in subsection (a) or (b) prevents a special Govern-
ment employee from acting as agent or attorney for an-
other 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 na-
tional interest so requires and publishes such certification 
in the Federal Register. 
‘‘(g) TESTIMONY
AND STATEMENTS.—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) DEFINITION.—For the purpose of this section, 
the term ‘covered matter’ means any judicial or other pro-
ceeding, application, request for a ruling or other deter-
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mination, contract, claim, controversy, investigation, 
charge, accusation, arrest, or other particular matter. 
‘‘(i) ADDITIONAL EXCLUSIONS.—Nothing in this sec-
tion 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 Author-
ity Act of 1933; 
‘‘(4) chapter 10 of title I of the Foreign Service 
Act of 1980; or 
‘‘(5) any provision of any other Federal or Dis-
trict of Columbia law that authorizes labor-manage-
ment relations between an agency or instrumentality 
of the United States or the District of Columbia and 
any labor organization that represents its employees. 
‘‘§ 996. Exemption of retired officers of the uniformed 
services 
‘‘Sections 993 and 995 do not apply to a retired offi-
cer of the uniformed services of the United States while 
not on active duty and not otherwise an officer or em-
ployee of the United States, or to any person specially ex-
cepted by Act of Congress. 
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‘‘§ 997. Restrictions on former officers, employees, 
and elected officials of the Executive and 
legislative branches 
‘‘(a) RESTRICTIONS ON ALL OFFICERS AND EMPLOY-
EES OF THE EXECUTIVE BRANCH AND CERTAIN OTHER 
AGENCIES.— 
‘‘(1) PERMANENT
RESTRICTIONS
ON
REP-
RESENTATION ON PARTICULAR MATTERS.—Whoever 
is an officer or employee (including any special Gov-
ernment 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 Dis-
trict 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, 
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‘‘(B) in which the person participated per-
sonally and substantially as such officer or em-
ployee, and 
‘‘(C) which involved a specific party or spe-
cific parties at the time of such participation, 
shall be punished as provided in section 1004. 
‘‘(2) TWO-YEAR
RESTRICTIONS
CONCERNING 
PARTICULAR MATTERS UNDER OFFICIAL RESPONSI-
BILITY.—Any person subject to the restrictions con-
tained 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 con-
nection 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 reason-
ably should know was actually pending under 
his or her official responsibility as such officer 
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752 
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 Co-
lumbia, and 
‘‘(C) which involved a specific party or spe-
cific parties at the time it was so pending, 
shall be punished as provided in section 1004. 
‘‘(3) CLARIFICATION
OF
RESTRICTIONS.—The 
restrictions contained in paragraphs (1) and (2) 
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 depart-
ment, agency, court, or court-martial of the 
United States on behalf of any other person 
(except the United States), and only with re-
spect 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, 
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or court of the District of Columbia on behalf 
of any other person (except the District of Co-
lumbia), 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 AD-
VISING.— 
‘‘(1) IN
GENERAL.—Any person who is a 
former officer or employee of the executive branch of 
the United States (including any independent agen-
cy) and is subject to the restrictions contained in 
subsection (a)(1), or any person who is a former of-
ficer 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 informa-
tion 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 rep-
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resent, 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. Whoever violates this subsection shall be 
punished as provided in section 1004. 
‘‘(2) DEFINITION.—For purposes of this para-
graph— 
‘‘(A) the term ‘trade negotiation’ means 
negotiations which the President determines to 
undertake to enter into a trade agreement pur-
suant to section 1102 of the Omnibus Trade 
and Competitiveness Act of 1988, and does not 
include any action taken before that determina-
tion is made; and 
‘‘(B) the term ‘treaty’ means an inter-
national 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 INDE-
PENDENT AGENCIES.— 
‘‘(1) RESTRICTIONS.—In addition to the restric-
tions 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 
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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 communica-
tion 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 be-
half 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 1004. 
‘‘(2) 
PERSONS
TO
WHOM
RESTRICTIONS 
APPLY.—(A) Paragraph (1) applies 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 per-
son 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, 
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or, for a period of 2 years following the enact-
ment of the National Defense Authorization Act 
for Fiscal Year 2004, a person who, on the day 
prior to the enactment of that Act, was em-
ployed 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 posi-
tion 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 organi-
zation to an agency under chapter 37 of title 5. 
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‘‘(B) Paragraph (1) does not apply to a special 
Government employee who serves less than 60 days 
in the 1-year period before his or her service or em-
ployment 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 deter-
mines that— 
‘‘(i) the imposition of the restrictions with 
respect to such position or positions would cre-
ate 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 un-
fair advantage. 
‘‘(3) MEMBERS OF THE INDEPENDENT MEDI-
CARE ADVISORY BOARD.— 
‘‘(A) IN GENERAL.—Paragraph (1) applies 
to a member of the Independent Medicare Advi-
sory Board under section 1899A of the Social 
Security Act. 
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‘‘(B) AGENCIES AND CONGRESS.—For pur-
poses of paragraph (1), the agency in which the 
individual described in subparagraph (A) served 
shall be considered to be the Independent Medi-
care Advisory Board, the Department of Health 
and Human Services, and the relevant commit-
tees of jurisdiction of Congress, including the 
Committee on Ways and Means and the Com-
mittee on Energy and Commerce of the House 
of Representatives and the Committee on Fi-
nance of the Senate.’’. 
‘‘(d) RESTRICTIONS ON VERY SENIOR PERSONNEL 
OF THE EXECUTIVE BRANCH AND INDEPENDENT AGEN-
CIES.— 
‘‘(1) RESTRICTIONS.—In addition to the restric-
tions set forth in subsections (a) and (b), any person 
who— 
‘‘(A) serves in the position of Vice Presi-
dent of the United States, 
‘‘(B) is employed in a position in the exec-
utive branch of the United States (including 
any independent agency) at a rate of pay pay-
able for level I of the Executive Schedule or em-
ployed in a position in the Executive Office of 
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the President at a rate of pay payable for level 
II of the Executive Schedule, or 
‘‘(C) is appointed by the President to a po-
sition under section 105(a)(2)(A) of title 3 or 
by the Vice President to a position under sec-
tion 106(a)(1)(A) of title 3, 
and who, within 2 years after the termination of 
that person’s service in that position, knowingly 
makes, with the intent to influence, any communica-
tion 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 
1004. 
‘‘(2) PERSONS
WHO
MAY
NOT
BE
CON-
TACTED.—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 de-
partment or agency in which such person served 
in such position within a period of 1 year before 
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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 OF THE HOUSE.— 
‘‘(A) SENATORS.—Any person who is a 
Senator and who, within 2 years after that per-
son leaves office, knowingly makes, with the in-
tent to influence, any communication to or ap-
pearance before any Member, officer, or em-
ployee of either House of Congress or any em-
ployee of any other legislative office of the Con-
gress, on behalf of any other person (except the 
United States) in connection with any matter 
on which such former Senator seeks action by 
a Member, officer, or employee of either House 
of Congress, in his or her official capacity, shall 
be punished as provided in section 1004. 
‘‘(B) MEMBERS
AND
OFFICERS
OF
THE 
HOUSE OF REPRESENTATIVES.—(i) Any person 
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who is a Member of the House of Representa-
tives or an elected officer of the House of Rep-
resentatives and who, within 1 year after that 
person leaves office, knowingly makes, with the 
intent to influence, any communication to or 
appearance before any of the persons described 
in clause (ii) or (iii), on behalf of any other per-
son (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 1004. 
‘‘(ii) The persons referred to in clause (i) 
with respect to appearances or communications 
by a former Member of the House of Rep-
resentatives are any Member, officer, or em-
ployee of either House of Congress and any em-
ployee of any other legislative office of the Con-
gress. 
‘‘(iii) The persons referred to in clause (i) 
with respect to appearances or communications 
by a former elected officer are any Member, of-
ficer, or employee of the House of Representa-
tives. 
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‘‘(2) OFFICERS AND STAFF OF THE SENATE.— 
Any person who is an elected officer of the Senate, 
or an employee of the Senate to whom paragraph 
(7)(A) applies, and who, within 1 year after that 
person leaves office or employment, knowingly 
makes, with the intent to influence, any communica-
tion to or appearance before any Senator or any offi-
cer or employee of the Senate, on behalf of any other 
person (except the United States) in connection with 
any matter on which such former elected officer or 
former employee seeks action by a Senator or an of-
ficer or employee of the Senate, in his or her official 
capacity, shall be punished as provided in section 
1004. 
‘‘(3) PERSONAL STAFF.—(A) Any person who 
is an employee of a Member of the House of Rep-
resentatives to whom paragraph (7)(A) applies and 
who, within 1 year after the termination of that em-
ployment, knowingly makes, with the intent to influ-
ence, 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 
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her official capacity, shall be punished as provided in 
section 1004. 
‘‘(B) The persons referred to in subparagraph 
(A) with respect to appearances or communications 
by a person who is a former employee are the fol-
lowing: 
‘‘(i) The Member of the House of Rep-
resentatives for whom that person was an em-
ployee. 
‘‘(ii) Any employee of that Member of the 
House of Representatives. 
‘‘(4) COMMITTEE STAFF.—Any person who is 
an employee of a committee of the House of Rep-
resentatives, or an employee of a joint committee of 
the Congress whose pay is disbursed by the Clerk of 
the House of Representatives, to whom paragraph 
(7)(A) applies and who, within 1 year after the ter-
mination of that person’s employment on such com-
mittee or joint committee (as the case may be), 
knowingly makes, with the intent to influence, any 
communication to or appearance before any person 
who is a Member or an employee of that committee 
or joint committee (as the case may be) or who was 
a Member of the committee or joint committee (as 
the case may be) in the year immediately prior to 
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the termination of such person’s employment by the 
committee or joint committee (as the case may be), 
on behalf of any other person (except the United 
States) in connection with any matter on which such 
former employee seeks action by a Member, officer, 
or employee of either House of Congress, in his or 
her official capacity, shall be punished as provided in 
section 1004. 
‘‘(5) LEADERSHIP STAFF.—(A) Any person 
who is an employee on the leadership staff of the 
House of Representatives to whom paragraph (7)(A) 
applies and who, within 1 year after the termination 
of that person’s employment on such staff, know-
ingly makes, with the intent to influence, any com-
munication to or appearance before any of the per-
sons described in subparagraph (B), on behalf of 
any other person (except the United States) in con-
nection with any matter on which such former em-
ployee seeks action by a Member, officer, or em-
ployee of either House of Congress, in his or her of-
ficial capacity, shall be punished as provided in sec-
tion 1004. 
‘‘(B) The persons referred to in subparagraph 
(A) with respect to appearances or communications 
by a former employee are any Member of the leader-
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ship of the House of Representatives and any em-
ployee on the leadership staff of the House of Rep-
resentatives. 
‘‘(6) OTHER LEGISLATIVE OFFICES.—(A) Any 
person who is an employee of any other legislative 
office of the Congress to whom paragraph (7)(B) ap-
plies and who, within 1 year after the termination 
of that person’s employment in such office, know-
ingly makes, with the intent to influence, any com-
munication to or appearance before any of the per-
sons described in subparagraph (B), on behalf of 
any other person (except the United States) in con-
nection with any matter on which such former em-
ployee seeks action by any officer or employee of 
such office, in his or her official capacity, shall be 
punished as provided in section 1004. 
‘‘(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. 
‘‘(7) LIMITATION ON RESTRICTIONS.—(A) The 
restrictions contained in paragraphs (2), (3), (4), 
and (5) apply only to acts by a former employee 
who, for at least 60 days, in the aggregate, during 
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the 1-year period before that former employee’s serv-
ice 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 em-
ployee was employed. 
‘‘(B) The restrictions contained in paragraph 
(6) apply only to acts by a former employee who, for 
at least 60 days, in the aggregate, during the 1-year 
period before that former employee’s service as such 
employee terminated, was employed in a position for 
which the rate of basic pay, exclusive of any locality- 
based pay adjustment under section 5302 of title 5, 
is equal to or greater than the basic rate of pay pay-
able for level IV of the Executive Schedule. 
‘‘(8) EXCEPTION.—This subsection does not apply to 
contacts with the staff of the Secretary of the Senate or 
the Clerk of the House of Representatives regarding com-
pliance with lobbying disclosure requirements under the 
Lobbying Disclosure Act of 1995. 
‘‘(9) DEFINITIONS.—As used in this sub-
section— 
‘‘(A) the term ‘committee of Congress’ in-
cludes standing committees, joint committees, 
and select committees; 
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‘‘(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 Rep-
resentatives; 
‘‘(C) the term ‘employee of the House of 
Representatives’ means an employee of a Mem-
ber of the House of Representatives, an em-
ployee of a committee of the House of Rep-
resentatives, 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 Sen-
ate; 
‘‘(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; 
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‘‘(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 legis-
lative office of the Congress’ means an officer 
or employee of the Architect of the Capitol, the 
United States Botanic Garden, the Government 
Accountability Office, the Government Printing 
Office, the Library of Congress, the Office of 
Technology 
Assessment, 
the 
Congressional 
Budget Office, the United States Capitol Police, 
and any other agency, entity, or office in the 
legislative branch not covered by paragraph (1), 
(2), (3), (4), or (5) of this subsection; 
‘‘(H) the term ‘employee on the leadership 
staff of the House of Representatives’ means an 
employee of the office of a Member of the lead-
ership of the House of Representatives de-
scribed in subparagraph (L), and any elected 
minority employee of the House of Representa-
tives; 
‘‘(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 Sen-
ate described in subparagraph (M); 
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‘‘(J) the term ‘Member of Congress’ means 
a Senator or a Member of the House of Rep-
resentatives; 
‘‘(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, ma-
jority whip, minority whip, chief deputy major-
ity whip, chief deputy minority whip, chairman 
of the Democratic Steering Committee, chair-
man and vice chairman of the Democratic Cau-
cus, chairman, vice chairman, and secretary of 
the Republican Conference, chairman of the Re-
publican Research Committee, and chairman of 
the Republican Policy Committee, of the House 
of Representatives (or any similar position cre-
ated on or after the effective date set forth in 
section 102(a) of the Ethics Reform Act of 
1989); and 
‘‘(M) the term ‘Member of the leadership 
of the Senate’ means the Vice President, and 
the President pro tempore, Deputy President 
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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 ENTI-
TIES.— 
‘‘(1) RESTRICTIONS.—Any person who is sub-
ject 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 agen-
cy of the United States with the intent to influ-
ence 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 
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United States, in carrying out his or her official 
duties, 
shall be punished as provided in section 1004. 
‘‘(2) SPECIAL RULE FOR TRADE REPRESENTA-
TIVE.—With respect to a person who is the United 
States Trade Representative or Deputy United 
States Trade Representative, the restrictions de-
scribed in paragraph (1) apply to representing, aid-
ing, 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 sub-
section, the term ‘foreign entity’ means the govern-
ment 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 pur-
poses of this section, a person who is detailed from one 
department, agency, or other entity to another depart-
ment, 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.— 
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‘‘(1) DESIGNATIONS.—For purposes of sub-
section (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 ex-
ercises 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 des-
ignate such agency or bureau as a separate depart-
ment 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 depart-
ment or agency concerned, make such additions and 
deletions as are necessary. Departments and agen-
cies shall cooperate to the fullest extent with the Di-
rector of the Office of Government Ethics in the ex-
ercise of his or her responsibilities under this para-
graph. 
‘‘(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 
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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, ap-
proval, 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 de-
termination, 
rulemaking, 
contract, 
controversy, 
claim, charge, accusation, arrest, or judicial or other 
proceeding. 
‘‘(j) EXCEPTIONS.— 
‘‘(1) OFFICIAL GOVERNMENT DUTIES.— 
‘‘(A) IN GENERAL.—The restrictions con-
tained in this section do not apply to acts done 
in carrying out official duties on behalf of the 
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United States or the District of Columbia or as 
an elected official of a State or local govern-
ment. 
‘‘(B) TRIBAL ORGANIZATIONS AND INTER- 
TRIBAL
CONSORTIUMS.—The restrictions con-
tained in this section do not apply to acts au-
thorized by section 104(j) of the Indian Self- 
Determination and Education Assistance Act. 
‘‘(2) STATE AND LOCAL GOVERNMENTS AND IN-
STITUTIONS, HOSPITALS, AND
ORGANIZATIONS.— 
The restrictions contained in subsections (c), (d), 
and (e) do not apply to acts done in carrying out of-
ficial 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 insti-
tution of higher education, as defined in section 
101 of the Higher Education Act of 1965, or 
a hospital or medical research organization, ex-
empted and defined under section 501(c)(3) of 
the Internal Revenue Code of 1986, if the ap-
pearance, communication, or representation is 
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on behalf of such institution, hospital, or orga-
nization. 
‘‘(3) INTERNATIONAL
ORGANIZATIONS.—The 
restrictions contained in this section do not apply to 
an appearance or communication on behalf of, or ad-
vice 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) do not pre-
vent an individual from making or providing a state-
ment, 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 re-
ceived. 
‘‘(5) EXCEPTION FOR SCIENTIFIC OR TECHNO-
LOGICAL INFORMATION.—The restrictions contained 
in subsections (a), (c), and (d) do not apply with re-
spect to the making of communications solely for the 
purpose of furnishing scientific or technological in-
formation, if such communications are made under 
procedures acceptable to the department or agency 
concerned or if the head of the department or agen-
cy concerned with the particular matter, in consulta-
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tion with the Director of the Office of Government 
Ethics, makes a certification, published in the Fed-
eral Register, that the former officer or employee 
has outstanding qualifications in a scientific, techno-
logical, 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 prevents an individual from giving testi-
mony under oath, or from making statements re-
quired to be made under penalty of perjury. Not-
withstanding the preceding sentence— 
‘‘(A) a former officer or employee of the 
executive branch of the United States (includ-
ing any independent agency) who is subject to 
the restrictions contained in subsection (a)(1) 
with respect to a particular matter may not, ex-
cept pursuant to court order, serve as an expert 
witness for any other person (except the United 
States) in that matter; and 
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‘‘(B) a former officer or employee of the 
District of Columbia who is subject to the re-
strictions contained in subsection (a)(1) with 
respect to a particular matter may not, except 
pursuant to court order, serve as an expert wit-
ness for any other person (except the District 
of Columbia) in that matter. 
‘‘(7) POLITICAL PARTIES AND CAMPAIGN COM-
MITTEES.—(A) Except as provided in subparagraph 
(B), the restrictions contained in subsections (c), 
(d), and (e) do not apply to a communication or ap-
pearance made solely on behalf of a candidate in his 
or her capacity as a candidate, an authorized com-
mittee, a national committee, a national Federal 
campaign committee, a State committee, or a polit-
ical party. 
‘‘(B) Subparagraph (A) does not apply to— 
‘‘(i) any communication to, or appearance 
before, the Federal Election Commission by a 
former officer or employee of the Federal Elec-
tion Commission; or 
‘‘(ii) a communication or appearance made 
by a person who is subject to the restrictions 
contained in subsection (c), (d), or (e) if, at the 
time of the communication or appearance, the 
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person is employed by a person or entity other 
than— 
‘‘(I) a candidate, an authorized com-
mittee, a national committee, a national 
Federal campaign committee, a State com-
mittee, or a political party; or 
‘‘(II) a person or entity who rep-
resents, aids, or advises only persons or en-
tities 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 possi-
bility of seeking nomination for election, or elec-
tion, 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 com-
mittee that receives contributions or makes ex-
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penditures to promote more than 1 candidate 
may not be designated as an authorized com-
mittee 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 vir-
tue of the bylaws of a political party, is estab-
lished primarily for the purpose of providing as-
sistance, at the national level, to candidates 
nominated by that party for election to the of-
fice of Senator or Representative in, or Dele-
gate or Resident Commissioner to, the Con-
gress; 
‘‘(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; and 
‘‘(vi) the term ‘political party’ means an 
association, committee, or organization that 
nominates a candidate for election to any Fed-
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eral or State elected office whose name appears 
on the election ballot as the candidate of such 
association, committee, or organization. 
‘‘(k) WAIVER.—(1)(A) The President may grant a 
waiver of a restriction imposed by this section to any offi-
cer or employee described in paragraph (2) if the Presi-
dent 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 ben-
efit of the Federal Government. Not more than 25 officers 
and employees currently employed by the Federal Govern-
ment 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 em-
ployment at a Government-owned, contractor operated en-
tity with which the person served as an officer or employee 
immediately before the person’s Federal Government em-
ployment 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 
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Laboratory immediately before the person’s Federal Gov-
ernment employment began shall apply to that person’s 
employment by any such national laboratory after the per-
son’s employment by the Federal Government is termi-
nated. 
‘‘(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 sub-
section shall prepare reports, in accordance with subpara-
graph (B), stating whether the person has engaged in ac-
tivities otherwise prohibited by this section for each six- 
month period described in subparagraph (B), and if so, 
what those activities were. 
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‘‘(B) A report under subparagraph (A) shall cover 
each six-month period beginning on the date of the termi-
nation 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 re-
port. All reports filed with the Director under this para-
graph 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 re-
voke the waiver and shall notify the person of the revoca-
tion. 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 sub-
paragraphs (A) and (B) have been filed. 
‘‘(E) As used in this subsection, the term ‘civil serv-
ice’ has the meaning given that term in section 2101 of 
title 5. 
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‘‘(l) CONTRACT
ADVICE
BY
FORMER
DE-
TAILS.—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 pro-
vided in section 1004. 
‘‘§ 998. Acts affecting a personal financial interest 
‘‘(a) OFFENSE.—Except as permitted by subsection 
(b), whoever, being an officer or employee of the executive 
branch of the United States Government, or of any inde-
pendent agency of the United States, a Federal Reserve 
bank director, officer, or employee, or an officer or em-
ployee of the District of Columbia, including a special Gov-
ernment employee, participates personally and substan-
tially as a Government officer or employee, through deci-
sion, approval, disapproval, recommendation, the ren-
dering 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 part-
ner, organization in which he is serving as officer, director, 
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trustee, general partner or employee, or any person or or-
ganization with whom he is negotiating or has any ar-
rangement concerning prospective employment, has a fi-
nancial interest shall be subject to the penalties set forth 
in section 1004. 
‘‘(b) EXCLUSIONS.—Subsection (a) does 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, re-
quest 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 writ-
ten determination made by such official that the in-
terest is not so substantial as to be deemed likely to 
affect the integrity of the services which the Govern-
ment 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 re-
quirements of subsection (a) as being too remote or 
too inconsequential to affect the integrity of the 
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services of the Government officers or employees to 
which such regulation applies; 
‘‘(3) in the case of a special Government em-
ployee serving on an advisory committee within the 
meaning of the Federal Advisory Committee Act (in-
cluding an individual being considered for an ap-
pointment 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 in-
terest created by the financial interest involved; or 
‘‘(4) if the financial interest that would be af-
fected by the particular matter involved is that re-
sulting solely from the interest of the officer or em-
ployee, or his or her spouse or minor child, in birth-
rights— 
‘‘(A) in an Indian tribe, band, nation, or 
other organized group or community, including 
any Alaska Native village corporation as de-
fined in or established pursuant to the Alaska 
Native Claims Settlement Act, which is recog-
nized as eligible for the special programs and 
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services provided by the United States to Indi-
ans 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 par-
ties. 
‘‘(c) DEEMING PROVISION.—(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 pre-
clude an exemption being granted pursuant to another 
paragraph of subsection (b). 
‘‘(d) PUBLIC AVAILABILITY.— 
‘‘(1) GENERALLY.—Upon request, a copy of 
any determination granting an exemption under sub-
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section (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 with-
hold from disclosure any information contained in 
the determination that would be exempt from disclo-
sure under section 552 of title 5. For purposes of 
determinations under subsection (b)(3), the informa-
tion 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) UNIFORM REGULATIONS.—The Office of 
Government Ethics, after consultation with the At-
torney General, shall issue uniform regulations for 
the issuance of waivers and exemptions under sub-
section (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. 
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‘‘§ 999. Salary of Government officials and employees 
payable only by United States 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) receives any salary, or any contribution to 
or supplementation of salary, as compensation for 
his services as an officer or employee of the execu-
tive 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 
‘‘(2) whoever, whether an individual, partner-
ship, association, corporation, or other organization 
pays, makes any contribution to, or in any way sup-
plements, 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 1004. 
‘‘(b) EXCLUSION.—Nothing in this section 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, retire-
ment, group life, health or accident insurance, profit-shar-
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ing, stock bonus, or other employee welfare or benefit plan 
maintained by a former employer. 
‘‘(c) SPECIAL GOVERNMENT EMPLOYEE.—This sec-
tion does not apply to a special Government employee or 
to an officer or employee of the Government serving with-
out compensation, whether or not he is a special Govern-
ment employee, or to any person paying, contributing to, 
or supplementing his salary as such. 
‘‘(d) PAYMENTS UNDER CHAPTER 41 OF TITLE 5.— 
This section does not prohibit payment or acceptance of 
contributions, awards, or other expenses under the terms 
of chapter 41 of title 5. 
‘‘(e) RELOCATION EXPENSES.—This section does not 
prohibit the payment of actual relocation expenses inci-
dent to participation, or the acceptance of same by a par-
ticipant in an executive exchange or fellowship program 
in an executive agency, if such program has been estab-
lished by statute or Executive order of the President, of-
fers 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 365 days. 
‘‘(f) INJURIES DURING CERTAIN OFFENSE.—This 
section does not prohibit acceptance or receipt, by any offi-
cer or employee injured during the commission of an of-
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fense described in section 102(6) or 102(7), of contribu-
tions 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) PRIVATE SECTOR ORGANIZATION.— 
‘‘(1) GENERALLY.—This section does not pro-
hibit 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) DEFINITION.—As used in 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) RESERVE COMPONENTS OF ARMED FORCES.— 
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 inter-
rupted by such call or order to active duty. 
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‘‘§ 1000. Offer to procure appointive public office 
‘‘Whoever pays or offers or promises any money or 
thing of value, to any person, firm, or corporation in con-
sideration 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 imprisoned not more than 
one year. 
‘‘§ 1001. Acceptance or solicitation to obtain appoint-
ive public office 
‘‘(a) PROMISE OF OFFICE.—Whoever solicits or re-
ceives, 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 imprisoned not more than one 
year. 
‘‘(b) ADDING PERSON TO OBTAIN EMPLOYMENT.— 
Whoever solicits or receives any thing of value in consider-
ation 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 imprisoned not more than one year. 
‘‘(c) EXCLUSION.—This section does not apply to 
such services rendered by an employment agency pursuant 
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to the written request of an executive department or agen-
cy of the United States. 
‘‘§ 1002. Offer or acceptance of loan or gratuity 
‘‘(a) OFFER
TO FINANCIAL INSTITUTION EXAM-
INER.—Whoever, being an officer, director, or employee 
of a financial institution, makes or grants any loan or gra-
tuity, to any examiner or assistant examiner who examines 
or has authority to examine such bank, branch, agency, 
organization, corporation, association, or institution— 
‘‘(1) shall imprisoned not more than 1 year; 
and 
‘‘(2) may be fined, in addition to any fine other-
wise imposed under this title, a sum equal to the 
money so loaned or gratuity given. 
‘‘(b) ACCEPTANCE BY FINANCIAL INSTITUTION EX-
AMINER.—Whoever, being an examiner or assistant exam-
iner, accepts a loan or gratuity from any bank, branch, 
agency, organization, corporation, association, or institu-
tion examined by the examiner or from any person con-
nected with it, shall— 
‘‘(1) be imprisoned not more than 1 year; and 
‘‘(2) shall be disqualified from holding office as 
an examiner. 
‘‘(c) DEFINITIONS.—In this section: 
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‘‘(1) EXAMINER.—The term ‘examiner’ means 
any person— 
‘‘(A) appointed by a Federal financial in-
stitution regulatory agency or pursuant to the 
laws of any State to examine a financial institu-
tion; or 
‘‘(B) elected under the law of any State to 
conduct examinations of any financial institu-
tions. 
‘‘(2) FEDERAL FINANCIAL INSTITUTION REGU-
LATORY AGENCY.—The term ‘Federal financial insti-
tution regulatory agency’ means— 
‘‘(A) the Office of the Comptroller of the 
Currency; 
‘‘(B) the Board of Governors of the Fed-
eral Reserve System; 
‘‘(C) the Office of Thrift Supervision; 
‘‘(D) the Federal Deposit Insurance Cor-
poration; 
‘‘(E) the Federal Housing Finance Agency; 
‘‘(F) the Farm Credit Administration; 
‘‘(G) the Farm Credit System Insurance 
Corporation; and 
‘‘(H) the Small Business Administration. 
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‘‘(3) FINANCIAL INSTITUTION.—The term ‘fi-
nancial 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 resi-
dential real property that is the principal residence 
of the examiner, if— 
‘‘(A) the applicant satisfies any financial 
requirements for the credit card account or res-
idential 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 ac-
counts or residential real property loans offered 
by the same financial institution to other bor-
rowers or cardholders in comparable cir-
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cumstances under open end consumer credit 
plans or for residential real property loans; and 
‘‘(C) with respect to residential real prop-
erty loans, the loan is with respect to the pri-
mary residence of the applicant. 
‘‘§ 1003. Receipt of commissions or gifts for procuring 
loans 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) corruptly gives, offers, or promises any-
thing 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 cor-
ruptly accepts or agrees to accept, anything of value 
from any person, intending to be influenced or re-
warded in connection with any business or trans-
action of such institution; 
shall be imprisoned not more than 30 years, but if the 
value of the thing given, offered, promised, solicited, de-
manded, accepted, or agreed to be accepted does not ex-
ceed $1,000, shall be imprisoned not more than one year. 
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‘‘(b) EXCLUSION.—This section does not apply to 
bona fide salary, wages, fees, or other compensation paid, 
or expenses paid or reimbursed, in the usual course of 
business. 
‘‘(c) GUIDELINES.—Federal agencies with responsi-
bility for regulating a financial institution shall jointly es-
tablish such guidelines as are appropriate to assist an offi-
cer, director, employee, agent, or attorney of a financial 
institution to comply with this section. Such agencies shall 
make such guidelines available to the public. 
‘‘§ 1004. Penalties and injunctions 
‘‘(a) CRIMINAL PENALTIES.—The punishment for an 
offense under section 993, 994, 995, 997, 998, or 999 is 
the following: 
‘‘(1) Whoever engages in the conduct consti-
tuting the offense shall be imprisoned for not more 
than one year. 
‘‘(2) Whoever knowingly engages in the conduct 
constituting the offense shall be imprisoned for not 
more than five years. 
‘‘(b) CIVIL ACTION.—The Attorney General may 
bring a civil action in the appropriate United States dis-
trict court against any person who engages in conduct con-
stituting an offense under section 993, 994, 995, 997, 
998, or 999 and, upon proof of such conduct by a prepon-
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derance 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 sub-
section does not preclude any other criminal or civil statu-
tory, common law, or administrative remedy, which is 
available by law to the United States or any other person. 
‘‘(c) COURT ORDER.—If the Attorney General has 
reason to believe that a person is engaging in conduct con-
stituting an offense under section 993, 994, 995, 997, 
998, or 999, the Attorney General may petition an appro-
priate 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 con-
stitutes such an offense. The filing of a petition under this 
section does not preclude any other remedy which is avail-
able by law to the United States or any other person. 
‘‘§ 1005. Voiding transactions in violation of sub-
chapter; recovery by the United States 
‘‘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, li-
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cense, right, permit, franchise, use, authority, privilege, 
benefit, certificate, ruling, decision, opinion, or rate sched-
ule 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 subchapter, 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. 
‘‘§ 1006. Officers and employees acting as agents of 
foreign principals 
‘‘(a) OFFENSE.—Whoever, being a public official, is 
or acts as an agent of a foreign principal required to reg-
ister under the Foreign Agents Registration Act of 1938 
or a lobbyist required to register under the Lobbying Dis-
closure Act of 1995 in connection with the representation 
of a foreign entity, as defined in section 3(6) of that Act 
shall be imprisoned for not more than two years. 
‘‘(b) EXCLUSION.—Nothing in this section applies 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 employ-
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ment 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 avail-
able for public inspection in accordance with section 6 of 
the Foreign Agents Registration Act of 1938, as amended. 
‘‘(c) DEFINITION.—As used in this section ‘public of-
ficial’ 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. 
‘‘§ 1007. Bribery in sporting contests 
‘‘(a) OFFENSE.—Whoever knowingly engages in any 
scheme in or affecting interstate or foreign commerce to 
influence any sporting contest in any way by bribery, shall 
be imprisoned not more than 5 years. 
‘‘(b) DEFINITION.—As used in this section, the term 
‘sporting contest’ means any contest in any sport, between 
individual contestants or teams of contestants (without re-
gard to the amateur or professional status of the contest-
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ants therein), the occurrence of which is publicly an-
nounced before its occurrence. 
‘‘§ 1008. Continuing financial crimes enterprise 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) organizes, manages, or supervises a con-
tinuing financial crimes enterprise; and 
‘‘(2) receives $5,000,000 or more in gross re-
ceipts from such enterprise during any 24-month pe-
riod, 
shall be imprisoned for a term of not less than 10 years, 
or for life. 
‘‘(b) DEFINITION.—As used in subsection (a), the 
term ‘continuing financial crimes enterprise’ means a se-
ries of violations under section 1003, 644, 645, 773, 774, 
775, 779, 789, or 804, or section 801 or 803 affecting 
a financial institution, committed by at least 4 persons 
acting in concert. 
‘‘SUBCHAPTER B—CLAIMS AND SERVICES IN 
MATTERS AFFECTING GOVERNMENT 
‘‘Sec. 
‘‘1017. False, fictitious, or fraudulent claims. 
‘‘§ 1017. False, fictitious, or fraudulent claims 
‘‘Whoever makes or presents to any person or officer 
in the civil, military, or naval service of the United States, 
or to any department or agency thereof, any claim upon 
or against the United States, or any department or agency 
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thereof, knowing such claim to be false, fictitious, or 
fraudulent, shall be imprisoned not more than five years. 
‘‘SUBCHAPTER C—CONTEMPTS 
‘‘Sec. 
‘‘1021. Power of court. 
‘‘1022. Contempts constituting crimes. 
‘‘§ 1021. Power of Court 
‘‘A court of the United States shall have power to 
punish by fine or imprisonment, or both, at its discretion, 
such contempt of its authority, and none other, as— 
‘‘(1) misbehavior of any person in its presence 
or so near thereto as to obstruct the administration 
of justice; 
‘‘(2) misbehavior of any of its officers in their 
official transactions; or 
‘‘(3) disobedience or resistance to its lawful 
writ, process, order, rule, decree, or command. 
‘‘§ 1022. Contempts constituting crimes 
‘‘(a) OFFENSE.—Whoever disobeys any lawful writ, 
process, order, rule, decree, or command of any district 
court of the United States or any court of the District 
of Columbia, by doing any act or thing therein, or thereby 
forbidden, if the act or thing so done be of such character 
as to constitute also a criminal offense under any statute 
of the United States or under the laws of any State in 
which the act was committed, shall be prosecuted for such 
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contempt as provided in section 3691 and shall be impris-
oned any term of years or for life. 
‘‘(b) PAYMENT OF FINE AND LIMITATIONS ON FINE 
AND IMPRISONMENT.—Such fine shall be paid to the 
United States or to the complainant or other party injured 
by the act constituting the contempt, or may, where more 
than one is so damaged, be divided or apportioned among 
them as the court may direct, but in no case shall the 
fine to be paid to the United States exceed, in case the 
accused is a natural person, the sum of $1,000, nor shall 
such imprisonment exceed the term of six months. 
‘‘(c) APPLICABILITY OF SECTION.—This section shall 
not be construed to relate to contempts committed in the 
presence of the court, or so near thereto as to obstruct 
the administration of justice, nor to contempts committed 
in disobedience of any lawful writ, process, order, rule, de-
cree, or command entered in any suit or action brought 
or prosecuted in the name of, or on behalf of, the United 
States, but the same, and all other cases of contempt not 
specifically embraced in this section may be punished in 
conformity to the prevailing usages at law. 
‘‘SUBCHAPTER D—ELECTIONS AND POLITICAL 
ACTIVITIES 
‘‘Sec. 
‘‘1031. Intimidation of voters. 
‘‘1032. Deprivation of employment or other benefit for political contribution. 
‘‘1033. Solicitation of political contributions. 
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‘‘1034. Coercion of political activity. 
‘‘1035. Voting by aliens. 
‘‘§ 1031. Intimidation of voters 
‘‘Whoever intimidates, threatens, coerces, or attempts 
to intimidate, threaten, or coerce, any other person for the 
purpose of interfering with the right of such other person 
to vote or to vote as he may choose, or of causing such 
other person to vote for, or not to vote for, any candidate 
for the office of President, Vice President, Presidential 
elector, Member of the Senate, Member of the House of 
Representatives, Delegate from the District of Columbia, 
or Resident Commissioner, at any election held solely or 
in part for the purpose of electing such candidate, shall 
be imprisoned not more than one year. 
‘‘§ 1032. Deprivation of employment or other benefit 
for political contribution 
‘‘(a) OFFENSE.—Whoever knowingly causes or at-
tempts to cause any person to make a contribution of a 
thing of value (including services) for the benefit of any 
candidate or any political party, by means of the denial 
or deprivation, or the threat of the denial or deprivation, 
of— 
‘‘(1) any employment, position, or work in or 
for any agency or other entity of the Government of 
the United States, a State, or a political subdivision 
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of a State, or any compensation or benefit of such 
employment, position, or work; or 
‘‘(2) any payment or benefit of a program of 
the United States, a State, or a political subdivision 
of a State; 
if such employment, position, work, compensation, pay-
ment, or benefit is provided for or made possible in whole 
or in part by an Act of Congress, shall be imprisoned not 
more than one year. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘candidate’ means an individual 
who seeks nomination for election, or election, to 
Federal, State, or local office, whether or not such 
individual is elected, and, for purposes of this para-
graph, an individual shall be deemed to seek nomi-
nation for election, or election, to Federal, State, or 
local office, if he has (A) taken the action necessary 
under the law of a State to qualify himself for nomi-
nation for election, or election, or (B) received con-
tributions or made expenditures, or has given his 
consent for any other person to receive contributions 
or make expenditures, with a view to bringing about 
his nomination for election, or election, to such of-
fice; and 
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‘‘(2) the term ‘election’ means (A) a general, 
special primary, or runoff election, (B) a convention 
or caucus of a political party held to nominate a 
candidate, (C) a primary election held for the selec-
tion of delegates to a nominating convention of a po-
litical party, (D) a primary election held for the ex-
pression of a preference for the nomination of per-
sons for election to the office of President, and (E) 
the election of delegates to a constitutional conven-
tion for proposing amendments to the Constitution 
of the United States or of any State. 
‘‘§ 1033. Solicitation of political contributions 
‘‘(a) OFFENSE.—It shall be unlawful for— 
‘‘(1) a candidate for the Congress; 
‘‘(2) an individual elected to or serving in the 
office of Senator or Representative in, or Delegate 
or Resident Commissioner to, the Congress; 
‘‘(3) an officer or employee of the United States 
or any department or agency thereof; or 
‘‘(4) a person receiving any salary or compensa-
tion for services from money derived from the Treas-
ury of the United States; to knowingly solicit any 
contribution within the meaning of section 301(8) of 
the Federal Election Campaign Act of 1971 from 
any other such officer, employee, or person. Whoever 
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violates this section shall be imprisoned not more 
than 3 years. 
‘‘(b) EXCLUSION.—The prohibition in subsection (a) 
do not apply to any activity of an employee (as defined 
in section 7322(1) of title 5) or any individual employed 
in or under the United States Postal Service or the Postal 
Rate Commission, unless that activity is prohibited by sec-
tion 7323 or 7324 of such title. 
‘‘§ 1034. Coercion of political activity 
‘‘It shall be unlawful for any person to intimidate, 
threaten, command, or coerce, or attempt to intimidate, 
threaten, command, or coerce, any employee of the Fed-
eral Government as defined in section 7322(1) of title 5, 
to engage in, or not to engage in, any political activity, 
including, voting or refusing to vote for any candidate or 
measure in any election, making or refusing to make any 
political contribution, or working or refusing to work on 
behalf of any candidate. Whoever violates this section shall 
be imprisoned not more than three years. 
‘‘§ 1035. Voting by aliens 
‘‘(a) ELEMENTS OF OFFENSE.—It shall be unlawful 
for any alien to vote in any election held solely or in part 
for the purpose of electing a candidate for the office of 
President, Vice President, Presidential elector, Member of 
the Senate, Member of the House of Representatives, Del-
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egate from the District of Columbia, or Resident Commis-
sioner, unless— 
‘‘(1) the election is held partly for some other 
purpose; 
‘‘(2) aliens are authorized to vote for such other 
purpose under a State constitution or statute or a 
local ordinance; and 
‘‘(3) voting for such other purpose is conducted 
independently of voting for a candidate for such 
Federal offices, in such a manner that an alien has 
the opportunity to vote for such other purpose, but 
not an opportunity to vote for a candidate for any 
one or more of such Federal offices. 
‘‘(b) PUNISHMENT.—Whoever violates this section 
shall be imprisoned not more than one year. 
‘‘(c) EXCLUSION.—Subsection (a) does not apply to 
an alien if— 
‘‘(1) each natural parent of the alien (or, in the 
case of an adopted alien, each adoptive parent of the 
alien) is or was a citizen (whether by birth or natu-
ralization); 
‘‘(2) the alien permanently resided in the 
United States prior to attaining the age of 16; and 
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‘‘(3) the alien reasonably believed at the time of 
voting in violation of such subsection that he or she 
was a citizen of the United States. 
‘‘SUBCHAPTER E—EMBLEMS, INSIGNIA, AND 
NAMES 
‘‘Sec. 
‘‘1051. Desecration of the flag of the United States; penalties. 
‘‘1052. Official badges, identification cards, other insignia. 
‘‘1053. Uniform of Armed Forces and public health Service. 
‘‘1054. Military medals or decorations. 
‘‘1055. False advertising or misuse of names to indicate Federal agency. 
‘‘1056. Misuse of names, words, emblems, or insignia. 
‘‘1057. Use of likenesses of the great seal of the United States, the seals of the 
President and Vice President, the seal of the United States 
Senate, the seal of the United States House of Representatives, 
and the seal of the United States Congress. 
‘‘1058. Public employee insignia and uniform. 
‘‘§ 1051. Desecration of the flag of the United States; 
penalties 
‘‘(a) OFFENSE.—Whoever knowingly mutilates, de-
faces, physically defiles, burns, maintains on the floor or 
ground, or tramples upon any flag of the United States 
shall be imprisoned for not more than one year. 
‘‘(b) EXCLUSIONS.—This subsection does not pro-
hibit any conduct consisting of the disposal of a flag when 
it has become worn or soiled. 
‘‘(c) DEFINITION.—As used in this section, the term 
‘flag of the United States’ means any flag of the United 
States, or any part thereof, made of any substance, of any 
size, in a form that is commonly displayed. 
‘‘(d) EXPEDITED APPEAL.— 
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‘‘(1) NATURE OF CLAIM.—An appeal may be 
taken directly to the Supreme Court of the United 
States from any interlocutory or final judgment, de-
cree, or order issued by a United States district 
court ruling upon the constitutionality of subsection 
(a). 
‘‘(2) PROCEDURAL
EXPEDITION.—The Supreme 
Court shall, if it has not previously ruled on the question, 
accept jurisdiction over the appeal and advance on the 
docket and expedite to the greatest extent possible. 
‘‘§ 1052. Official badges, identification cards, other in-
signia 
‘‘Whoever manufactures, sells, or possesses any 
badge, identification card, or other insignia, of the design 
prescribed by the head of any department or agency of 
the United States for use by any officer or employee there-
of, or any colorable imitation thereof, or photographs, 
prints, or in any other manner makes or executes any en-
graving, photograph, print, or impression in the likeness 
of any such badge, identification card, or other insignia, 
or any colorable imitation thereof, except as authorized 
under regulations made pursuant to law, shall be impris-
oned not more than six months. 
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‘‘§ 1053. Uniform of Armed Forces and public health 
Service 
‘‘Whoever, in any place within the jurisdiction of the 
United States or in the Canal Zone, without authority, 
wears the uniform or a distinctive part thereof or anything 
similar to a distinctive part of the uniform of any of the 
armed forces of the United States, Public Health Service 
or any auxiliary of such, shall be imprisoned not more 
than six months. 
‘‘§ 1054. Military medals or decorations 
‘‘(a) IN GENERAL.—Whoever knowingly wears, pur-
chases, attempts to purchase, solicits for purchase, mails, 
ships, imports, exports, produces blank certificates of re-
ceipt for, manufactures, sells, attempts to sell, advertises 
for sale, trades, barters, or exchanges for anything of 
value any decoration or medal authorized by Congress for 
the armed forces of the United States, or any of the serv-
ice medals or badges awarded to the members of such 
forces, or the ribbon, button, or rosette of any such badge, 
decoration or medal, or any colorable imitation thereof, ex-
cept when authorized under regulations made pursuant to 
law, shall be imprisoned not more than six months. 
‘‘(b) FALSE CLAIM ABOUT RECEIPT OF MILITARY 
DECORATIONS OR MEDALS.—Whoever falsely represents 
himself or herself, verbally or in writing, to have been 
awarded any decoration or medal authorized by Congress 
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for the Armed Forces of the United States, any of the 
service medals or badges awarded to the members of such 
forces, the ribbon, button, or rosette of any such badge, 
decoration, or medal, or any colorable imitation of such 
item shall be imprisoned not more than six months. 
‘‘(c) ENHANCED PENALTY FOR OFFENSES INVOLV-
ING CONGRESSIONAL MEDAL OF HONOR.— 
‘‘(1) IN GENERAL.—If a decoration or medal in-
volved in an offense under subsection (a) or (b) is 
a Congressional Medal of Honor, in lieu of the pun-
ishment provided in that subsection, the offender 
shall be imprisoned not more than 1 year. 
‘‘(2) CONGRESSIONAL MEDAL OF HONOR DE-
FINED.—In this subsection, the term ‘Congressional 
Medal of Honor’ means— 
‘‘(A) a medal of honor awarded under sec-
tion 3741, 6241, or 8741 of title 10 or section 
491 of title 14; 
‘‘(B) a duplicate medal of honor issued 
under section 3754, 6256, or 8754 of title 10 
or section 504 of title 14; or 
‘‘(C) a replacement of a medal of honor 
provided under section 3747, 6253, or 8747 of 
title 10 or section 501 of title 14. 
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‘‘(d) ENHANCED PENALTY FOR OFFENSES INVOLV-
ING CERTAIN OTHER MEDALS.—If a decoration or medal 
involved in an offense described in subsection (a) or (b) 
is a distinguished-service cross awarded under section 
3742 of title 10, a Navy cross awarded under section 6242 
of title 10, an Air Force cross awarded under section 8742 
of section 10, a silver star awarded under section 3746, 
6244, or 8746 of title 10, a Purple Heart awarded under 
section 1129 of title 10, or any replacement or duplicate 
medal for such medal as authorized by law, in lieu of the 
punishment provided in the applicable subsection, the of-
fender shall be imprisoned not more than 1 year. 
‘‘§ 1055. False advertising or misuse of names to indi-
cate Federal agency 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) except as permitted by the laws of the 
United States, uses the words ‘national’, ‘Federal’, 
‘United States’, ‘reserve’, or ‘Deposit Insurance’ as 
part of the business or firm name of a person, cor-
poration, partnership, business trust, association or 
other business entity engaged in the banking, loan, 
building and loan, brokerage, factorage, insurance, 
indemnity, savings or trust business; 
‘‘(2) falsely advertises or represents, or pub-
lishes or displays any sign, symbol or advertisement 
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reasonably calculated to convey the impression that 
a nonmember bank, banking association, firm or 
partnership is a member of the Federal reserve sys-
tem; 
‘‘(3) except as expressly authorized by Federal 
law, uses the words ‘Federal Deposit’, ‘Federal De-
posit Insurance’, or ‘Federal Deposit Insurance Cor-
poration’ or a combination of any three of these 
words, as the name or a part thereof under which 
he or it does business, or advertises or otherwise 
represents falsely by any device whatsoever that his 
or its deposit liabilities, obligations, certificates, or 
shares are insured or guaranteed by the Federal De-
posit Insurance Corporation, or by the United States 
or by any instrumentality thereof, or whoever adver-
tises that his or its deposits, shares, or accounts are 
federally insured, or falsely advertises or otherwise 
represents by any device whatsoever the extent to 
which or the manner in which the deposit liabilities 
of an insured bank or banks are insured by the Fed-
eral Deposit Insurance Corporation; 
‘‘(4) other than a bona fide organization or as-
sociation of Federal or State credit unions or except 
as permitted by the laws of the United States, uses 
as a firm or business name or transacts business 
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placed or such making or causing to be made is like-
ly to endanger the safety of any such aircraft; 
‘‘(3) sets fire to, damages, destroys, or disables 
any air navigation facility, or interferes by force or 
violence with the operation of such facility, if such 
fire, damaging, destroying, disabling, or interfering 
is likely to endanger the safety of any such aircraft 
in flight; 
‘‘(4) with the intent to damage, destroy, or dis-
able any such aircraft, sets fire to, damages, de-
stroys, or disables or places a destructive device or 
substance in, upon, or in proximity to, any appliance 
or structure, ramp, landing area, property, machine, 
or apparatus, or any facility or other material used, 
or intended to be used, in connection with the oper-
ation, maintenance, loading, unloading or storage of 
any such aircraft or any cargo carried or intended 
to be carried on any such aircraft; 
‘‘(5) interferes with or disables, with intent to 
endanger the safety of any person or with a reckless 
disregard for the safety of human life, anyone en-
gaged in the authorized operation of such aircraft or 
any air navigation facility aiding in the navigation of 
any such aircraft; 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00913
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E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS