450 
United States Capitol Police, and any other agency, en-
tity, or office in the legislative branch not covered by 
paragraph (1), (2), (3), or (4) of this subsection; 
‘‘(H) the term ‘employee on the leadership staff of 
the House of Representatives’ means an employee of 
the office of a Member of the leadership of the House 
of Representatives described in subparagraph (L), and 
any elected minority employee of the House of Rep-
resentatives; 
‘‘(I) the term ‘employee on the leadership staff of the 
Senate’ means an employee of the office of a Member 
of the leadership of the Senate described in subpara-
graph (M); 
‘‘(J) the term ‘Member of Congress’ means a Sen-
ator or a Member of the House of Representatives; 
‘‘(K) the term ‘Member of the House of Representa-
tives’ means a Representative in, or a Delegate or Resi-
dent Commissioner to, the Congress; 
‘‘(L) the term ‘Member of the leadership of the 
House of Representatives’ means the Speaker, majority 
leader, minority leader, majority whip, minority whip, 
chief deputy majority whip, chief deputy minority whip, 
chairman of the Democratic Steering Committee, chair-
man and vice chairman of the Democratic Caucus, 
chairman, vice chairman, and secretary of the Repub-
lican Conference, chairman of the Republican Research 
Committee, and chairman of the Republican Policy 
Committee, of the House of Representatives (or any 
similar position created on or after the effective date 
set forth in section 102(a) of the Ethics Reform Act of 
1989); and 
‘‘(M) the term ‘Member of the leadership of the Sen-
ate’ means the Vice President, and the President pro 
tempore, Deputy President pro tempore, majority lead-
er, minority leader, majority whip, minority whip, 
chairman and secretary of the Conference of the Major-
ity, chairman and secretary of the Conference of the 
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Minority, chairman and co-chairman of the Majority 
Policy Committee, and chairman of the Minority Policy 
Committee, of the Senate (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). 
‘‘(f) RESTRICTIONS RELATING TO FOREIGN ENTITIES.— 
‘‘(1) RESTRICTIONS.—Any person who is subject to the 
restrictions contained in subsection (c), (d), or (e) and who 
knowingly, within 1 year after leaving the position, office, 
or employment referred to in such subsection— 
‘‘(A) represents a foreign entity before any officer or 
employee of any department or agency of the United 
States with the intent to influence a decision of such 
officer or employee in carrying out his or her official 
duties, or 
‘‘(B) aids or advises a foreign entity with the intent 
to influence a decision of any officer or employee of any 
department or agency of the United States, in carrying 
out his or her official duties, 
shall be punished as provided in section 1004 of this title. 
‘‘(2) SPECIAL
RULE
FOR
TRADE
REPRESENTATIVE.— 
With respect to a person who is the United States Trade 
Representative or Deputy United States Trade Representa-
tive, the restrictions described in paragraph (1) shall apply 
to representing, aiding, or advising foreign entities at any 
time after the termination of that person’s service as the 
United States Trade Representative. 
‘‘(3) DEFINITION.—For purposes of this subsection, the 
term ‘foreign entity’ means the government of a foreign 
country as defined in section 1(e) of the Foreign Agents 
Registration Act of 1938, as amended, or a foreign political 
party as defined in section 1(f) of that Act. 
‘‘(g) SPECIAL RULES FOR DETAILEES.—For purposes of this 
section, a person who is detailed from one department, agency, 
or other entity to another department, agency, or other entity 
shall, during the period such person is detailed, be deemed to 
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be an officer or employee of both departments, agencies, or 
such entities. 
‘‘(h) DESIGNATIONS OF SEPARATE STATUTORY AGENCIES 
AND BUREAUS.— 
‘‘(1) DESIGNATIONS.—For purposes of subsection (c) 
and except as provided in paragraph (2), whenever the Di-
rector of the Office of Government Ethics determines that 
an agency or bureau within a department or agency in the 
executive branch exercises functions which are distinct and 
separate from the remaining functions of the department or 
agency and that there exists no potential for use of undue 
influence or unfair advantage based on past Government 
service, the Director shall by rule designate such agency or 
bureau as a separate department or agency. On an annual 
basis the Director of the Office of Government Ethics shall 
review the designations and determinations made under 
this subparagraph and, in consultation with the department 
or agency concerned, make such additions and deletions as 
are necessary. Departments and agencies shall cooperate to 
the fullest extent with the Director of the Office of Govern-
ment Ethics in the exercise of his or her responsibilities 
under this paragraph. 
‘‘(2) INAPPLICABILITY OF DESIGNATIONS.—No agency or 
bureau within the Executive Office of the President may be 
designated under paragraph (1) as a separate department 
or agency. No designation under paragraph (1) shall apply 
to persons referred to in subsection (c)(2)(A)(i) or (iii). 
‘‘(i) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘officer or employee’, when used to de-
scribe the person to whom a communication is made or be-
fore whom an appearance is made, with the intent to influ-
ence, shall include— 
‘‘(A) in subsections (a), (c), and (d), the President 
and the Vice President; and 
‘‘(B) in subsection (f), the President, the Vice Presi-
dent, and Members of Congress; 
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‘‘(2) the term ‘participated’ means an action taken as an 
officer or employee through decision, approval, disapproval, 
recommendation, the rendering of advice, investigation, or 
other such action; and 
‘‘(3) the term ‘particular matter’ includes any investiga-
tion, application, request for a ruling or determination, 
rulemaking, contract, controversy, claim, charge, accusa-
tion, arrest, or judicial or other proceeding. 
‘‘(j) EXCEPTIONS.— 
‘‘(1) OFFICIAL GOVERNMENT DUTIES.—The restrictions 
contained in this section shall not apply to acts done in car-
rying out official duties on behalf of the United States or 
the District of Columbia or as an elected official of a State 
or local government. 
‘‘(2) STATE AND LOCAL GOVERNMENTS AND INSTITU-
TIONS, HOSPITALS, AND ORGANIZATIONS.—The restrictions 
contained in subsections (c), (d), and (e) shall not apply to 
acts done in carrying out official duties as an employee 
of— 
‘‘(A) an agency or instrumentality of a State or local 
government if the appearance, communication, or rep-
resentation is on behalf of such government, or 
‘‘(B) an accredited, degree-granting institution of 
higher education, as defined in section 101 of the 
Higher Education Act of 1965, or a hospital or medical 
research organization, exempted and defined under sec-
tion 501(c)(3) of the Internal Revenue Code of 1986, 
if the appearance, communication, or representation is 
on behalf of such institution, hospital, or organization. 
‘‘(3) INTERNATIONAL ORGANIZATIONS.—The restrictions 
contained in this section shall not apply to an appearance 
or communication on behalf of, or advice or aid to, an 
international organization in which the United States par-
ticipates, if the Secretary of State certifies in advance that 
such activity is in the interests of the United States. 
‘‘(4) SPECIAL KNOWLEDGE.—The restrictions contained 
in subsections (c), (d), and (e) shall not prevent an indi-
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vidual from making or providing a statement, which is 
based on the individual’s own special knowledge in the par-
ticular area that is the subject of the statement, if no com-
pensation is thereby received. 
‘‘(5) EXCEPTION FOR SCIENTIFIC OR TECHNOLOGICAL 
INFORMATION.—The restrictions contained in subsections 
(a), (c), and (d) shall not apply with respect to the making 
of communications solely for the purpose of furnishing sci-
entific or technological information, if such communications 
are made under procedures acceptable to the department or 
agency concerned or if the head of the department or agen-
cy concerned with the particular matter, in consultation 
with the Director of the Office of Government Ethics, 
makes a certification, published in the Federal Register, 
that the former officer or employee has outstanding quali-
fications in a scientific, technological, or other technical 
discipline, and is acting with respect to a particular matter 
which requires such qualifications, and that the national in-
terest 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 sec-
tion shall prevent an individual from giving testimony 
under oath, or from making statements required to be 
made under penalty of perjury. Notwithstanding the pre-
ceding sentence— 
‘‘(A) a former officer or employee of the executive 
branch of the United States (including any independent 
agency) who is subject to the restrictions contained in 
subsection (a)(1) with respect to a particular matter 
may not, except pursuant to court order, serve as an 
expert witness for any other person (except the United 
States) in that matter; and 
‘‘(B) a former officer or employee of the District of 
Columbia who is subject to the restrictions contained in 
subsection (a)(1) with respect to a particular matter 
may not, except pursuant to court order, serve as an 
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