728 
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 
individual who has not been verified 
as not being a minor; 
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‘‘(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.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), subsection (a) does not preclude a 
legally operating cigarette manufacturer or a le-
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PWALKER on DSK7TPTVN1PROD with BILLS
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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 
affixed to the cigarettes as required by law; 
and 
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‘‘(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 consumer product 
tests; and 
‘‘(III) the recipient, in connection 
with the tests, evaluates the cigarettes and 
provides feedback to the manufacturer 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-
ards and requirements that apply to all 
mailings described in subparagraph (A). 
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‘‘(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; 
‘‘(bb) the recipient has not 
made any payment for the ciga-
rettes; 
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‘‘(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 
by the State and locality of delivery 
have been paid and all related State 
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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 
the named recipient after verifying 
that the recipient is an adult; and 
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‘‘(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 
cigarettes by manufacturers under paragraph (5), 
except that the agency shall not be required to pay 
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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 
civil action in a United States district court obtain 
appropriate relief with respect to a violation of this 
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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. 
‘‘(4) NONEXCLUSIVITY
OF
REMEDIES.—The 
remedies available under this subsection are in addi-
tion to any other remedies available under Federal, 
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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 
‘‘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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PWALKER on DSK7TPTVN1PROD with BILLS
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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 
‘‘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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PWALKER on DSK7TPTVN1PROD with BILLS
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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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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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‘‘(B) aids or advises a foreign entity with 
the intent to influence a decision of any officer 
or employee of any department or agency of the 
United States, in carrying out his or her official 
duties, 
shall be punished as provided in section 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 
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