776 
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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00776
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
777 
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 Representa-
tives regarding compliance with lobbying disclosure 
requirements under the Lobbying Disclosure Act of 
1995. 
‘‘(9) DEFINITIONS.—As used in this sub-
section— 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00777
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
778 
‘‘(A) the term ‘committee of Congress’ in-
cludes standing committees, joint committees, 
and select committees; 
‘‘(B) a person is an employee of a House 
of Congress if that person is an employee of the 
Senate or an employee of the House of 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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00778
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
779 
is an employee of a Member of the House of 
Representatives under the clerk hire allowance; 
‘‘(F) a person is an employee of a Senator 
if that person is an employee in a position in 
the office of a Senator; 
‘‘(G) the term ‘employee of any other 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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00779
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
780 
office of a Member of the leadership of the Sen-
ate described in subparagraph (M); 
‘‘(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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00780
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
781 
‘‘(M) the term ‘Member of the leadership 
of the Senate’ means the Vice President, and 
the President pro tempore, Deputy President 
pro tempore, majority leader, minority leader, 
majority whip, minority whip, chairman and 
secretary of the Conference of the Majority, 
chairman and secretary of the Conference of 
the Minority, chairman and co-chairman of the 
Majority Policy Committee, and chairman of 
the Minority Policy Committee, of the Senate 
(or any similar position created on or after the 
effective date set forth in section 102(a) of the 
Ethics Reform Act of 1989). 
‘‘(f) RESTRICTIONS RELATING TO FOREIGN 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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00781
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
783 
person is detailed, be deemed to be an officer or employee 
of both departments, agencies, or such entities. 
‘‘(h) DESIGNATIONS
OF
SEPARATE
STATUTORY 
AGENCIES AND BUREAUS.— 
‘‘(1) DESIGNATIONS.—For purposes of 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. 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00783
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
784 
‘‘(2) INAPPLICABILITY OF DESIGNATIONS.—No 
agency or bureau within the Executive Office of the 
President may be designated under paragraph (1) as 
a separate department or agency. No designation 
under paragraph (1) shall apply to persons referred 
to in subsection (c)(2)(A)(i) or (iii). 
‘‘(i) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘officer or employee’, when used 
to describe the person to whom a communication is 
made or before whom an appearance is made, with 
the intent to influence, shall include— 
‘‘(A) in subsections (a), (c), and (d), the 
President and the Vice President; and 
‘‘(B) in subsection (f), the President, the 
Vice President, and Members of Congress; 
‘‘(2) the term ‘participated’ means an action 
taken as an officer or employee through decision, 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.— 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00784
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
785 
‘‘(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 
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-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00785
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
786 
empted and defined under section 501(c)(3) of 
the Internal Revenue Code of 1986, if the ap-
pearance, communication, or representation is 
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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00786
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
787 
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-
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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00787
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS