[United States Senate Manual, 107th Congress] [S. Doc. 107-1] [USCODETITLE] [Pages 737-770] [From the U.S. Government Printing Office, www.gpo.gov] [[Page 737]] TITLE 18.--CRIMES AND CRIMINAL PROCEDURE Chapter 11.--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST 960 Sec. 201. Bribery of public officials and witnesses (a) For the purpose of this section-- (1) the term ``public official'' means Member of Congress, Delegate, or Resident Commissioner, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror; (2) the term ``person who has been selected to be a public official'' means any person who has been nominated or appointed to be a public official, or has been officially informed that such person will be so nominated or appointed; and (3) the term ``official act'' means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official's official capacity, or in such official's place of trust or profit. (b) Whoever-- (1) directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent-- (A) to influence any official act; or (B) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or (C) to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person; (2) being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for-- (A) being influenced in the performance of any official act; (B) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or (C) being induced to do or omit to do any act in violation of the official duty of such official or person; (3) directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or offers or promises such person [[Page 738]] to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first- mentioned person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom; (4) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for being influenced in testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom; shall be fined under this title or not more than three times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than fifteen years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States. (c) Whoever-- (1) otherwise than as provided by law for the proper discharge of official duty-- (A) directly or indirectly gives, offers, or promises anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act performed or to be performed by such public official, former public official, or person selected to be a public official; or (B) being a public official, former public official, or person selected to be a public official, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of any official act performed or to be performed by such official or person; (2) directly or indirectly, gives, offers, or promises anything of value to any person, for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or for or because of such person's absence therefrom; (3) directly or indirectly, demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon any such trial, hearing, or other proceeding, or for or because of such person's absence therefrom; shall be fined under this title or imprisoned for not more than two years, or both. (d) Paragraphs (3) and (4) of subsection (b) and paragraphs (2) and (3) of subsection (c) shall not be construed to prohibit the payment or receipt of witness fees provided by law, or the payment, by the party upon whose behalf a witness is called and receipt by a witness, of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing, or [[Page 739]] proceeding, or in the case of expert witnesses, a reasonable fee for time spent in the preparation of such opinion, and in appearing and testifying. (e) The offenses and penalties prescribed in this section are separate from and in addition to those prescribed in sections 1503, 1504, and 1505 of this title. (Oct. 23, 1962; Pub. L. 87-849, Sec. 1(a), 76 Stat. 1119, and amended Pub. L. 91-405, Title II, Sec. 204(d)(1), Sept. 22, 1970, 84 Stat. 853; Pub. L. 99-646, Sec. 46(a), Nov. 10, 1986, 100 Stat. 3601-3604; Sept. 13, 1994, Pub. L. 103-322, Sec. 330016(2)(D), 108 Stat. 2148.) 961 Sec. 202. Definitions (a) For the purpose of sections 203, 205, 207, 208, and 209 of this title the term ``special Government employee'' shall mean an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States or of the District of Columbia, who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed one hundred and thirty days during any period of three hundred and sixty-five consecutive days, temporary duties either on a full-time or intermittent basis, or a part-time United States commissioner, a part-time United States magistrate, or, regardless of the number of days of appointment, an independent counsel appointed under chapter 40 of title 28 and any person appointed by that independent counsel under section 594(c) of title 28. Notwithstanding the next preceding sentence, every person serving as a part- time local representative of a Member of Congress in the Member's home district or State shall be classified a special Government employee. Notwithstanding section 29 (c) and (d) of the Act of August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r (c) and (d)),\1\ a Reserve Officer of the Armed Forces, or an officer of the National Guard of the United States, unless otherwise an officer or employee of the United States, shall be classified as a special Government employee while on active duty solely for training. A Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is voluntarily serving a period of extended active duty in excess of one hundred and thirty days shall be classified as an officer of the United States within the meaning of section 203 and sections 205 through 209 and 218. A Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is serving involuntarily shall be classified as a special Government employee. The terms ``officer or employee'' and ``special Government employee'' as used in sections 203, 205, 207 through 209, and 218, shall not include enlisted members of the Armed Forces. \1\ Section 30r (c) and (d) of title 5, United States Code, is now contained in sections 502, 2105(d), and 5534 of that title. (b) For the purposes of sections 205 and 207 of this title, the term ``official responsibility'' means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct Government action. (c) Except as otherwise provided in such sections, the terms ``officer'' and ``employee'' in sections 203, 205, 207 through 209, and 218 of this title shall not include the President, the Vice President, a Member of Congress, or a Federal judge. [[Page 740]] (d) The term ``Member of Congress'' in sections 204 and 207 means-- (1) A United States Senator; and (2) a Representative in, or a Delegate or Resident Commissioner to, the House of Representatives. (e) As used in this chapter, the term-- (1) ``executive branch'' includes each executive agency as defined in title 5, and any other entity or administrative unit in the executive branch; (2) ``judicial branch'' means the Supreme Court of the United States; the United States courts of appeals; the United States district courts; the Court of International Trade; the United States bankruptcy courts; any court created pursuant to article I of the United States Constitution, including the Court of Appeals for the Armed Forces, the United States Court of Federal Claims, and the United States Tax Court, but not including a court of a territory or possession of the United States; the Federal Judicial Center, and any other agency, office, or entity in the judicial branch; and (3) ``legislative branch'' means-- (A) the Congress; and (B) the Office of the Architect of the Capitol, the United States Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, the United States Capitol Police, and any other agency, entity, office, or commission established in the legislative branch. (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 691; Oct. 23, 1962, Pub. L. 87-849, 76 Stat. 1121; Oct. 17, 1968, Pub. L. 90-578, Sec. 301(b), 82 Stat. 1115; Pub. L. 100-191, Sec. 3(a), Dec. 15, 1987, 101 Stat. 1306; Pub. L. 101-194, Title IV, Sec. 401, Nov. 30, 1989, 103 Stat. 1747; Pub. L. 101-280, Sec. 5(a), May 4, 1990, 104 Stat. 158; Pub. L. 102- 572, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-337, Sec. 924(d)(1), Oct. 5, 1994, 108 Stat. 2832.) 962 Sec. 203. Compensation to Members of Congress, officers, and others in matters affecting the Government (a) Whoever, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly-- (1) demands, seeks, receives, accepts, or agrees to receive or accept any compensation for any representational services, as agent or attorney or otherwise, services rendered or to be rendered either personally or by another-- (A) at a time when such person is a Member of Congress, Member of Congress Elect, Delegate, Delegate Elect, Resident Commissioner, or Resident Commissioner Elect; or (B) at a time when such person is an officer or employee or Federal judge of the United States in the executive, legislative, or judicial branch of the Government, or in any agency of the United States, in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest, before any department, agency, court, court-martial, officer, or any civil, military, or naval commission; or [[Page 741]] (2) knowingly gives, promises, or offers any compensation for any such representational services rendered or to be rendered at a time when the person to whom the compensation is given, promised, or offered, is or was such a Member, Member Elect, Delegate, Delegate Elect, Commissioner, Commissioner Elect, Federal judge, officer, or employee; shall be subject to the penalties set forth in section 216 of this title. (b) Whoever, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly-- (1) demands, seeks, receives, accepts, or agrees to receive or accept any compensation for any representational services, as agent or attorney or otherwise, rendered or to be rendered either personally or by another, at a time when such person is an officer or employee of the District of Columbia, in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the District of Columbia is a party or has a direct and substantial interest, before any department, agency, court, officer, or commission; or (2) knowingly gives, promises, or offers any compensation for any such representational services rendered or to be rendered at a time when the person to whom the compensation is given, promised, or offered, is or was an officer or employee of the District of Columbia; shall be subject to the penalties set forth in section 216 of this title. (c) A special Government employee shall be subject to subsection (a) only in relation to a particular matter involving a specific party or parties-- (1) in which such employee has at any time participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise; or (2) which is pending in the department or agency of the Government in which such employee is serving except that paragraph (2) of this subsection shall not apply in the case of a special Government employee who has served in such department or agency no more than sixty days during the immediately preceding period of three hundred and sixty-five consecutive days. (d) Nothing in this section prevents an officer or employee, including a special Government employee, from acting, with or without compensation, as agent or attorney for or otherwise representing his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except-- (1) in those matters in which he has participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or (2) in those matters that are the subject of his official responsibility, subject to approval by the Government official responsible for appointment to his position. [[Page 742]] (e) Nothing in this section prevents a special Government employee from acting as agent or attorney for another person in the performance of work under a grant by, or a contract with or for the benefit of, the United States if the head of the department or agency concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the Federal Register. (f) Nothing in this section prevents an individual from giving testimony under oath or from making statements required to be made under penalty of perjury. (Oct. 23, 1962, Pub. L. 87-849, Sec. 1(a), 76 Stat. 1121, and amended Pub. L. 91-405, Title II, Sec. 204(d)(2), (3), Sept. 22, 1970, 84 Stat. 853; Pub. L. 99-646, Sec. 47(a), Nov. 10, 1986, 100 Stat. 3604, 3605; Pub. L. 101-194, Title IV, Sec. 402, Nov. 30, 1989, 103 Stat. 1748; Pub. L. 101-280, Sec. 5(b), May 4, 1990, 104 Stat. 159.) 963 Sec. 204. Practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress Whoever, being a Member of Congress or Member of Congress Elect, practices in the United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit shall be subject to the penalties set forth in section 216 of this title. (June 25, 1948, ch. 645, 62 Stat. 697; Oct. 23, 1962; Pub. L. 87-849, 76 Stat. 1122; Sept. 22, 1970; Pub. L. 91-405, Sec. 204(d), 84 Stat. 853; Pub. L. 97-164, Sec. 147, Apr. 2, 1982, 96 Stat. 45; Pub. L. 101-194, Title IV, Sec. 403, Nov. 30, 1989, 103 Stat. 1749; Pub. L. 102-572, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) 964 Sec. 205. Activities of officers and employees in claims against and other matters affecting the Government (a) Whoever, being an officer or employee of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, other than in the proper discharge of his official duties-- (1) acts as agent or attorney for prosecuting any claim against the United States, or receives any gratuity, or any share of or interest in any such claim, in consideration of assistance in the prosecution of such claim; or (2) acts as agent or attorney for anyone before any department, agency, court, court- martial, officer, or civil, military, or naval commission in connection with any covered matter in which the United States is a party or has a direct and substantial interest; shall be subject to the penalties set forth in section 216 of this title. (b) Whoever, being an officer or employee of the District of Columbia or an officer or employee of the Office of the United States Attorney for the District of Columbia, otherwise than in the proper discharge of official duties-- (1) acts as agent or attorney for prosecuting any claim against the District of Columbia, or receives any gratuity, or any share of or interest in any such claim in consideration of assistance in the prosecution of such claim; or (2) acts as agent or attorney for anyone before any department, agency, court, officer, or commission in connection with any covered matter in which the District of Columbia is a party or has a direct and substantial interest; [[Page 743]] shall be subject to the penalties set forth in section 216 of this title. (c) A special Government employee shall be subject to subsections (a) and (b) only in relation to a covered matter involving a specific party or parties-- (1) in which he has at any time participated personally and substantially as a Government employee or special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or (2) which is pending in the department or agency of the Government in which he is serving. Paragraph (2) shall not apply in the case of a special Government employee who has served in such department or agency no more than sixty days during the immediately preceding period of three hundred and sixty-five consecutive days. (d)(1) Nothing in subsection (a) or (b) prevents an officer or employee, if not inconsistent with the faithful performance of that officer's or employee's duties, from acting without compensation as agent or attorney for, or otherwise representing-- (A) any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings; or (B) except as provided in paragraph (2), any cooperative, voluntary, professional, recreational, or similar organization or group not established or operated for profit, if a majority of the organization's or group's members are current officers or employees of the United States or of the District of Columbia, or their spouses or dependent children. (2) Paragraph (1)(B) does not apply with respect to a covered matter that-- (A) is a claim under subsection (a)(1) or (b)(1); (B) is a judicial or administrative proceeding where the organization or group is a party; or (C) involves a grant, contract, or other agreement (including a request for any such grant, contract, or agreement) providing for the disbursement of Federal funds to the organization or group. (e) Nothing in subsection (a) or (b) prevents an officer or employee, including a special Government employee, from acting, with or without compensation, as agent or attorney for, or otherwise representing, his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except-- (1) in those matters in which he has participated personally and substantially as a Government employee or special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or (2) in those matters which are the subject of his official responsibility, subject to approval by the Government official responsible for appointment to his position. (f) Nothing in subsection (a) or (b) prevents a special Government employee from acting as agent or attorney for another person in the performance of work under a grant by, or a contract with or for the benefit of, the United States if the head of the department or agency [[Page 744]] concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the Federal Register. (g) Nothing in this section prevents an officer or employee from giving testimony under oath or from making statements required to be made under penalty for perjury or contempt. (h) For the purpose of this section, the term ``covered matter'' means any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter. (i) Nothing in this section prevents an employee from acting pursuant to-- (1) chapter 71 of title 5; (2) section 1004 or chapter 12 of title 39; (3) section 3 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831b); (4) chapter 10 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4104 et seq.); or (5) any provision of any other Federal or District of Columbia law that authorizes labor- management relations between an agency or instrumentality of the United States or the District of Columbia and any labor organization that represents its employees. (Added Pub. L. 87-849, Sec. 1(a), October 23, 1962, 76 Stat. 1122, and amended Pub. L. 101-194, Title IV, Sec. 404, Nov. 30, 1989, 103 Stat. 1750; Pub. L. 101-280, Sec. 5(c), May 4, 1990, 104 Stat. 159; Pub. L. 104-177, Sec. 2, Aug. 6, 1996, 110 Stat. 1563.) 965 Sec. 207. Restrictions on former officers, employees, and elected officials of the executive and legislative branches (a) Restrictions on all officers and employees of the executive branch and certain other agencies.-- (1) Permanent restrictions on representation on particular matters.--Any person who is an officer or employee (including any special Government employee) of the executive branch of the United States (including any independent agency of the United States), or of the District of Columbia, and who, after the termination of his or her service or employment with the United States or the District of Columbia, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, or court-martial of the United States or the District of Columbia, on behalf of any other person (except the United States or the District of Columbia) in connection with a particular matter-- (A) in which the United States or the District of Columbia is a party or has a direct and substantial interest, (B) in which the person participated personally and substantially as such officer or employee, and (C) which involved a specific party or specific parties at the time of such participation, shall be punished as provided in section 216 of this title. (2) Two-year restrictions concerning particular matters under official responsibility.--Any person subject to the restrictions contained in paragraph (1) who, within 2 years after the termination of his or her service or employment with the United States or the District [[Page 745]] 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-material of the United States or the District of Columbia, on behalf of any other person (except the United States or the District of Columbia), in connection with a particular matter-- (A) in which the United States or the District of Columbia is a party or has a direct and substantial interest, (B) which such person knows or reasonably should know was actually pending under his or her official responsibility as such officer or employee within a period of 1 year before the termination of his or her service or employment with the United States or the District of Columbia, and (C) which involved a specific party or specific parties at the time it was so pending, shall be punished as provided in section 216 of this title. (3) Clarification of restrictions.--The restrictions contained in paragraphs (1) and (2) shall apply-- (A) in the case of an officer or employee of the executive branch of the United States (including any independent agency), only with respect to communications to or appearances before any officer or employee of any department, agency, court, or court-martial of the United States on behalf of any other person (except the United States), and only with respect to a matter in which the United States is a party or has a direct and substantial interest; and (B) in the case of an officer or employee of the District of Columbia, only with respect to communications to or appearances before any officer or employee of any department, agency or court of the District of Columbia on behalf of any other person (except the District of Columbia), and only with respect to a matter in which the District of Columbia is a party or has a direct and substantial interest. (b) One-year restrictions on aiding or advising.-- (1) In general.--Any person who is a former officer or employee of the executive branch of the United States (including any independent agency) and is subject to the restrictions contained in subsection (a)(1), or any person who is a former officer or employee of the legislative branch or a former Member of Congress, who personally and substantially participated in any ongoing trade or treaty negotiation on behalf of the United States within the 1-year period preceding the date on which his or her service or employment with the United States terminated, and who had access to information concerning such trade or treaty negotiation which is exempt from disclosure under section 552 of title 5, which is so designated by the appropriate department or agency, and which the person knew or should have known was so designated, shall not, on the basis of that information, knowingly represent, aid, or advise any other person (except the United States) concerning such ongoing trade or treaty negotiation for a period of 1 year after his or her service or employment with the United States terminates. Any person who violates this subsection shall be punished as provided in section 216 of this title. [[Page 746]] (2) Definition.--For purposes of this paragraph-- (A) the term ``trade negotiation'' means negotiations which the President determines to undertake to enter into a trade agreement pursuant to section 1102 of the Omnibus Trade and Competitiveness Act of 1988, and does not include any action taken before that determination is made; and (B) the term ``treaty'' means an international agreement made by the President that requires the advice and consent of the Senate. (c) One-year restrictions on certain senior personnel of the executive branch and independent agencies.-- (1) Restrictions.--In addition to the restrictions set forth in subsections (a) and (b), any person who is an officer or employee (including any special Government employee) of the executive branch of the United States (including an independent agency), who is referred to in paragraph (2), and who, within 1 year after the termination of his or her service or employment as such officer or employee, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of the department or agency in which such person served within 1 year before such termination, on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of such department or agency, shall be punished as provided in section 216 of this title. (2) Persons to whom restrictions apply.-- (A) Paragraph (1) shall apply to a person (other than a person subject to the restrictions of subsection (d))-- (i) employed at a rate of pay specified in or fixed according to subchapter II of chapter 53 of title 5, (ii) employed in a position which is not referred to in clause (i) and for which the basic rate of pay, exclusive of any locality-based pay adjustment under section 5302 of title 5 (or any comparable adjustment pursuant to interim authority of the President), is equal to or greater than the rate of basic pay payable for level 5 of the Senior Executive Service. (iii) appointed by the President to a position under section 105(a)(2)(B) of title 3 or by the Vice President to a position under section 106(a)(1)(B) of title 3, or (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 0-7 or above. (B) Paragraph (1) shall not apply to a special Government employee who serves less than 60 days in the 1-year period before his or her service or employment as such employee terminates. (C) At the request of a department or agency, the Director of the Office of Government Ethics may waive the restrictions contained in paragraph (1) with respect to any position, or category of positions, referred to in clause (ii) or (iv) of subparagraph (A), in such department or agency if the Director determines that-- [[Page 747]] (i) the imposition of the restrictions with respect to such position or positions would create an undue hardship on the department or agency in obtaining qualified personnel to fill such position or positions, and (ii) granting the waiver would not create the potential for use of undue influence or unfair advantage. (d) Restrictions on very senior personnel of the executive branch and independent agencies.-- (1) Restrictions.--In addition to the restrictions set forth in subsections (a) and (b), any person who-- (A) serves in the position of Vice President of the United States, (B) is employed in a position in the executive branch of the United States (including any independent agency) at a rate of pay payable for level I of the Executive Schedule or employed in a position in the Executive Office of the President at a rate of pay payable for level II of the Executive Schedule, or (C) is appointed by the President to a position under section 105(a)(2)(A) of title 3 or by the Vice President to a position under section 106(a)(1)(A) of title 3, and who, within 1 year after the termination of that person's service in that position, knowingly makes, with the intent to influence, any communication to or appearance before any person described in paragraph (2), on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of the executive branch of the United States, shall be punished as provided in section 216 of this title. (2) Persons who may not be contacted.--The persons referred to in paragraph (1) with respect to appearances or communications by a person in a position described in subparagraph (A), (B), or (C) of paragraph (1) are-- (A) Any officer or employee of any department or agency in which such person served in such position within a period of 1 year before such person's service or employment with the United States Government terminated, and (B) any person appointment to a position in the executive branch which is listed in section 5312, 5313, 5314, 5315, or 5316 of title 5. (e) Restrictions on Members of Congress and officers and employees of the legislative branch.-- (1) Members of Congress and elected officers.-- (A) Any person who is a Member of Congress or an elected officer of either House of Congress and who, within 1 year after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B) or (C), on behalf of any other person (except the United States) in connection with any matter on which such former Member of Congress or elected officer seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title. [[Page 748]] (B) The persons referred to in subparagraph (A) with respect to appearances or communications by a former Member of Congress are any Member, officer, or employee of either House of Congress, and any employee of any other legislative office of the Congress. (C) The persons referred to in subparagraph (A) with respect to appearances or communications by a former elected officer are any Member, officer, or employee of the House of Congress in which the elected officer served. (2) Personal staff.-- (A) Any person who is an employee of a Senator or an employee of a Member of the House of Representatives and who, within 1 year after the termination of that employment, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B), on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title. (B) The persons refereed to in subparagraph (A) with respect to appearances or communications by a person who is a former employee are the following: (i) the Senator or Member of the House of Representatives for whom that person was an employee; and (ii) any employee of that Senator or Member of the House of Representatives. (3) Committee staff.--Any person who is an employee of a committee of Congress and who, within 1 year after the termination of that person's employment on such committee, knowingly makes, with the intent to influence, any communication to or appearance before any person who is a Member or an employee of that Committee or who was a Member of the committee in the year immediately prior to the termination of such person's employment by the committee, on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title. (4) Leadership staff.-- (A) Any person who is an employee on the leadership staff of the House of Representatives or an employee on the leadership staff of the Senate and who, within 1 year after the termination of that person's employment on such staff, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B), on behalf of any other other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title. (B) The persons referred to in subparagraph (A) with respect to appearances or communications by a former employee are the following: [[Page 749]] (i) in the case of a former employee on the leadership staff of the House of Representatives, those persons are any Member of the leadership of the House of Representatives and any employee on the leadership staff of the House of Representatives; and (ii) in the case of a former employee on the leadership staff of the Senate, those persons are any Member of the leadership of the Senate and any employee on the leadership staff of the Senate. (5) Other legislative offices.-- (A) Any person who is an employee of any other legislative office of the Congress and who, within 1 year after the termination of that person's employment in such office, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B), on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by any officer or employee of such office, in his or her official capacity, shall be punished as provided in section 216 of this title. (B) The persons referred to in subparagraph (A) with respect to appearances or communications by a former employee are the employees and officers of the former legislative office of the Congress of the former employee. (6) Limitation on restrictions.-- (A) The restrictions contained in paragraphs (2), (3), and (4) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee's service as such employee terminated, was paid a rate of basic pay equal to or greater than an amount which is 75 percent of the basic rate of pay payable for a Member of the House of Congress in which such employee was employed. (B) The restrictions contained in paragraph (5) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee's service as such employee terminated, was employed in a position for which the rate of basic pay, exclusive of any locality-based pay adjustment under section 5302 of title 5 (or any comparable adjustment pursuant to interim authority of the President), is equal to or greater than the basic rate of pay payable for level 5 of the Senior Executive Service. (7) Definitions.--As used in this subsection-- (A) the term ``committee of Congress'' includes standing committees, joint committees, and select committees; (B) a person is an employee of a House of Congress if that person is an employee of the Senate or an employee of the House of Representatives; (C) the term ``employee of the House of Representatives'' means an employee of a Member of the House of Representatives, an employee of a committee of the House of Representatives, an employee of a joint committee of the Congress whose pay is disbursed by the Clerk of the House of Representatives, [[Page 750]] and an employee on the leadership staff of the House of Representatives; (D) the term ``employee of the Senate'' means an employee of a Senator, an employee of a committee of the Senate, an employee of a joint committee of the Congress whose pay is disbursed by the Secretary of the Senate, and an employee on the leadership staff of the Senate; (E) a person is an employee of a Member of the House of Representatives if that person is an employee of a Member of the House of Representatives under the clerk hire allowance, (F) a person is an employee of a Senator if that person is an employee in a position in the office of a Senator; (G) the term ``employee of any other legislative office of the Congress'' means an officer or employee of the Architect of the Capitol, the United States Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, the Copyright Royalty Tribunal, the United States Capitol Police, and any other agency, entity, or office in the legislative branch not covered by paragraph (1), (2), (3), or (4) of this subsection; (H) the term ``employee on the leadership staff of the House of Representatives'' means an employee of the office of a Member of the leadership of the House of Representatives described in subparagraph (L), and any elected minority employee of the House of Representatives; (I) the term ``employee on the leadership staff of the Senate'' means an employee of the office of a Member of the leadership of the Senate described in subparagraph (M); (J) the term ``Member of Congress'' means a Senator or a Member of the House of Representatives; (K) the term ``Member of the House of Representatives'' means a Representative in, or a Delegate or Resident Commissioner to, the Congress; (L) the term ``Member of the leadership of the House of Representatives'' means the Speaker, majority leader, minority leader, majority whip, minority whip, chief deputy majority whip, chief deputy minority whip, chairman of the Democratic Steering Committee, chairman and vice chairman of the Democratic Caucus, chairman, vice chairman, and secretary of the Republican Conference, chairman of the Republican Research Committee, and chairman of the Republican Policy Committee, of the House of Representatives (or any similar position created on or after the effective date set forth in section 102(a) of the Ethics Reform Act of 1989); (M) the term ``Member of the leadership of the Senate'' means the Vice President, and the President pro tempore, Deputy President pro tempore, majority leader, minority leader, majority whip, minority whip, chairman and secretary of the Conference of the Majority, chairman and secretary of the Conference of the Minority, chairman and co-chairman of the Majority Policy Committee, and chairman of the Minority Policy Committee, of the Senate (or any similar position created on or [[Page 751]] after the effective date set forth in section 102(a) of the Ethics Reform Act of 1989). (f) Restrictions relating to foreign entities.-- (1) Restrictions.--Any person who is subject to the restrictions contained in subsection (c), (d), or (e) and who knowingly, within 1 year after leaving the position, office, or employment referred to in such subsection-- (A) represents a foreign entity before any officer or employee of any department or agency of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties, or (B) aids or advises a foreign entity with the intent to influence a decision of any officer or employee of any department or agency of the United States, in carrying out his or her official duties, shall be punished as provided in section 216 of this title. (2) Special rule for Trade Representative.--With respect to a person who is the United States Trade Representative or Deputy United States Trade Representative, the restrictions described in paragraph (1) shall apply to representing, aiding, or advising foreign entities at any time after the termination of that person's service as the United States Trade Representative. (3) Definition.--For purposes of this subsection, the term ``foreign entity'' means the government of a foreign country as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended, or a foreign political party as defined in section 1(f) of that Act. (g) Special rules for detailees.--For purposes of this section, a person who is detailed from one department, agency, or other entity to another department, agency, or other entity shall, during the period such person is detailed, be deemed to be an officer or employee of both departments, agencies, or such entities. (h) Designations of separate statutory agencies and bureaus.-- (1) Designations.--For purposes of subsection (c) and except as provided in paragraph (2), whenever the Director of the Office of Government ethics determines that an agency or bureau within a department or agency in the executive branch exercises functions which are distinct and separate from the remaining functions of the department or agency and that there exists no potential for use of undue influence or unfair advantage based on past Government service, the Director shall by rule designate such agency or bureau as a separate department or agency. On an annual basis, the Director of the Office of Government Ethics shall review the designations and determinations made under this subparagraph and, in consultation with the department or agency concerned, make such additions and deletions as are necessary. Departments and agencies shall cooperate to the fullest extent with the Director of the Office of Government Ethics in the exercise of his or her responsibilities under this paragraph. (2) Inapplicability of designations.--No agency or bureau within the Executive Office of the President may be designated [[Page 752]] 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 subsection (a), (c), and (d), the President and the Vice President; and (B) in subsection (f), the President, the Vice President, and Members of Congress; (2) the term ``participated'' means an action taken as an officer or employee through decision, approval, disapproval recommendation, the rendering of advice, investigation, or other such action; and (3) the term ``particular matter'' includes any investigation, application, request for a ruling or determination, rulemaking, contract, controversy, claim, charge, accusation, arrest, or judicial or other proceeding. (j) Exceptions.-- (1) Official government duties.--The restrictions contained in this section shall not apply to acts done in carrying out official duties on behalf of the United States or the District of Columbia or as an elected official of a State or local government. (2) State and local governments and institutions, hospitals, and organizations.--The restrictions contained in subsections (c), (d), and (e) shall not apply to acts done in carrying out official duties as an employee of-- (A) an agency or instrumentality of a State or local government if the appearance, communication, or representation is on behalf of such government, or (B) an accredited, degree-granting institution of higher education, as defined in section 101 of the Higher Education Act of 1965 [20 U.S.C.A. Sec. 1001], or a hospital or medical research organization, exempted and defined under section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C.A. Sec. 501(c)(3)], if the appearance, communication, or representation is on behalf of such institution, hospital, or organization. (3) International organizations.--The restrictions contained in this section shall not apply to an appearance or communication on behalf of, or advice or aid to, an international organization in which the United States participates, if the Secretary of State certifies in advance that such activity is in the interests of the United States. (4) Special knowledge.--The restrictions contained in subsections (c), (d), and (e) shall not prevent an individual from making or providing a statement, which is based on the individual's own special knowledge in the particular area that is the subject of the statement, if no compensation is thereby received. (5) Exception for scientific or technological information.--The restrictions contained in subsections (a), (c), and (d) shall not apply with respect to the making of communications solely for the purpose of furnishing scientific or technological information, if such communications are made under procedures acceptable to the department [[Page 753]] or agency concerned or if the head of the department or agency concerned with the particular matter, in consultation with the Director of the Office of Government Ethics, makes a certification, published in the Federal Register, that the former officer or employee has outstanding qualifications in a scientific, technological, or other technical discipline, and is acting with respect to a particular matter which requires such qualifications, and that the national interest would be served by the participation of the former officer or employee. For purposes of this paragraph, the term ``officer or employee'' includes the Vice President. (6) Exception for testimony.--Nothing in this section shall prevent an individual from giving testimony under oath, or from making statements required to be made under penalty of perjury. Notwithstanding the preceding sentence-- (A) a former officer or employee of the executive branch of the United States (including any independent agency) who is subject to the restrictions contained in subsection (a)(1) with respect to a particular matter may not, except pursuant to court order, serve as an expert witness or any other person (except the United States) in that matter; and (B) a former officer or employee of the District of Columbia who is subject to the restrictions contained in subsection (a)(1) with respect to a particular matter may not, except pursuant to court order, serve as an expert witness for any other person (except the District of Columbia) in that matter. (7) Political parties and campaign committees.-- (A) Except as provided in subparagraph (B), the restrictions contained in subsections (c), (d), and (e) shall not apply to a communication or appearance made solely on behalf of a candidate in his or her capacity as a candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party. (B) Subparagraph (A) shall not apply to-- (i) any communication to, or appearance before, the Federal Election Commission by a former officer or employee of the Federal Election Commission; or (ii) a communication or appearance made by a person who is subject to the restrictions contained in subsections\1\ (c), (d), or (e) if, at the time of the communication or appearance, the person is employed by a person or entity other than-- \1\ So in original. Probably should be ``subsection''. (I) a candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party; or (II) a person or entity who represents, aids, or advises only persons or entities described in subclause (I). (C) For purposes of this paragraph-- (i) the term ``candidate'' means any person who seeks nomination for election, or election, to Federal or State office or who has authorized others to explore on his or her behalf the possibility of seeking nomination for election, or election, to Federal or State office; [[Page 754]] (ii) the term ``authorized committee'' means any political committee designated in writing by a candidate as authorized to receive contributions or make expenditures to promote the nomination for election, or the election, of such candidate, or to explore the possibility of seeking nomination for election, or the election of such, candidate except that a political committee that receives contributions or makes expenditures to promote more than 1 candidate may not be designated as an authorized committee for purposes of subparagraph (A); (iii) the term ``national committee'' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level; (iv) the term ``national Federal campaign committee'' means an organization that, by virtue of the bylaws of a political party, is established primarily for the purpose of providing assistance, at the national level, to candidates nominated by that party for election to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; (v) the term ``State committee'' means the organization which, by virtue of the bylaws of a political party, is responsible for the day- to-day operation of such political party at the State level; (vi) the term ``political party'' means an association, committee, or organization that nominates a candidate for election to any Federal or State elected office whose name appears on the election ballot as the candidate of such association, committee, or organization; and (vii) the term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (k)(1)(A) The President may grant a waiver of a restriction imposed by this section to any officer or employee described in paragraph (2) if the President determines and certifies in writing that it is in the public interest to grant the waiver and that the services of the officer or employee are critically needed for the benefit of the Federal Government. Not more than 25 officers and employees currently employed by the Federal Government at any one time may have been granted waivers under this paragraph. (B)(i) A waiver granted under this paragraph to any person shall apply only with respect to activities engaged in by that person after that person's Federal Government employment is terminated and only to that person's employment at a Government-owned, contractor operated entity with which the person served as an officer or employee immediately before the person's Federal Government employment began. (ii) Notwithstanding clause (i), a waiver granted under this paragraph to any person who was an officer or employee of Lawrence Livermore National Laboratory, Los Alamos National Laboratory, or Sandia National Laboratory immediately before [[Page 755]] the person's Federal Government employment began shall apply to that person's employment by any such national laboratory after the person's employment by the Federal Government is terminated. (2) Waivers under paragraph (1) may be granted only to civilian officers and employees of the executive branch, other than officers and employees in the Executive Office of the President. (3) A certification under paragraph (1) shall take effect upon its publication in the Federal Register and shall identify-- (A) the officer or employee covered by the waiver by name and by position, and (B) the reasons for granting the waiver. A copy of the certification shall also be provided to the Director of the Office of Government Ethics. (4) The President may not delegate the authority provided by this subsection. (5)(A) Each person granted a waiver under this subsection shall prepare reports, in accordance with subparagraph (B), stating whether the person has engaged in activities otherwise prohibited by this section for each six-month period described in subparagraph (B), and if so, what those activities were. (B) A report under subparagraph (A) shall cover each six-month period beginning on the date of the termination of the person's Federal Government employment (with respect to which the waiver under this subsection was granted) and ending two years after that date. Such report shall be filed with the President and the Director of the Office of Government Ethics not later than 60 days after the end of the six-month period covered by the report. All reports filed with the Director under this paragraph shall be made available for public inspection and copying. (C) If a person fails to file any report in accordance with subparagraphs (A) and (B), the President shall revoke the waiver and shall notify the person of the revocation. The revocation shall take effect upon the person's receipt of the notification and shall remain in effect until the report is filed. (D) Any person who is granted a waiver under this subsection shall be ineligible for appointment in the civil service unless all reports required of such person by subparagraphs (A) and (B) have been filed. (E) As used in this subsection, the term ``civil service'' has the meaning given that term in section 2101 of title 5. (Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1123, and amended Pub. L. 95-521, Title V, Sec. 501(a), Oct. 26, 1978, 92 Stat. 1864; Pub. L. 96-28, Sec. Sec. 1, 2, June 22, 1979, 93 Stat. 76; Pub. L. 101-189, Div. A, Title VIII, Sec. 814(d)(2), Nov. 29, 1989, 103 Stat. 1499; Pub. L. 101- 194, Title I, Sec. 101(a), Nov. 30, 1989, 103 Stat. 1716; Pub. L. 101-280, Sec. Sec. 2(a), 5(d), May 4, 1990, 104 Stat. 149, 159; Pub. L. 101-509, Title V, Sec. 529 [Title I, Sec. 101(b)(8)(A)], Nov. 5, 1990, 104 Stat. 440; Pub. L. 102-25, Title VII, Sec. 705(a), Apr. 6, 1991, 105 Stat. 120; Pub. L. 102-190, Div. B, Title XXXI, Sec. 3138(a), Dec. 5, 1991, 105 Stat. 1579; Pub. L. 102-395, Title VI, Sec. 609(a), Oct. 6, 1992, 106 Stat. 1873; Pub. L. 103-322, Title XXXIII, Sec. Sec. 330002(i), 330010(15), Sept. 13, 1994, 108 Stat. [[Page 756]] 2140, 2144; Pub. L. 104-65, Sec. 21(a), Dec. 19, 1995, 109 Stat. 704; Pub. L. 104-179, Sec. Sec. 5, 6, Aug. 6, 1996, 110 Stat. 1567, 1568; Pub. L. 104-208, Div. A, Title I, Sec. 101(f) [Title VI, Sec. 635], Sept. 30, 1996, 110 Stat. 3009-363; Pub. L. 105-244, Title I, Sec. 102(a)(5), Oct. 7, 1998, 112 Stat. 1618.) 966 Sec. 210. 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 consideration of the use or promise to use any influence to procure any appointive office or place under the United States for any person, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 694; Oct. 23, 1962, Pub. L. 87-849, Sec. 1(b), 76 Stat. 1125; Sept. 13, 1994, Pub. L. 103-322, Sec. 330016 (1)(H), 108 Stat. 2147.) 967 Sec. 211. Acceptance or solicitation to obtain appointive public office Whoever solicits or receives, either as a political contribution, or for personal emolument, any money or thing of value, in consideration of the promise of support or use of influence in obtaining for any person any appointive office or place under the United States, shall be fined under this title or imprisoned not more than one year, or both. Whoever solicits or receives any thing of value in consideration of aiding a person to obtain employment under the United States either by referring his name to an executive department or agency of the United States or by requiring the payment of a fee because such person has secured such employment shall be fined under this title, or imprisoned not more than one year, or both. This section shall not apply to such services rendered by an employment agency pursuant to the written request of an executive department or agency of the United States. (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 694; Sept. 13, 1951, ch. 380, 65 Stat. 320; Oct. 23, 1962, Pub. L. 87-849, Sec. 1(b), 76 Stat. 1125; Sept. 13, 1994, Pub. L. 103-322, Sec. 330016(1)(H), 108 Stat. 2147.) 968 Sec. 219. Officers and employees acting as agents of foreign principals (a) Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938 or a lobbyist required to register under the Lobbying Disclosure Act of 1995 in connection with the representation of a foreign entity, as defined in section 3(6) of that Act shall be fined under this title or imprisoned for not more than two years, or both. (b) Nothing in this section shall apply to the employment of any agent of a foreign principal as a special Government employee in any case in which the head of the employing agency certifies that such employment is required in the national interest. A copy of any certification under this paragraph shall be forwarded by the head of such agency to the Attorney General who shall cause the same to be filed with the registration statement and other documents filed by such agent, and made available for public inspection in accordance with section 6 of the Foreign Agents Registration Act of 1938, as amended. (c) For the purpose of this section ``public official'' means Member of Congress, Delegate, or Resident Commissioner, either before or after he has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency, or branch of [[Page 757]] Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government. (Added Pub. L. 89-486, Sec. 8(b), July 4, 1966, 80 Stat. 249, and amended Pub. L. 98-473, Title II, Sec. 1116, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 99-646, Sec. 30, Nov. 10, 1986, 100 Stat. 3598; Pub. L. 101-647, Title XXXV, Sec. 3511, Nov. 29, 1990, 104 Stat. 4922; Pub. L. 104-65, Sec. 12(b), Dec. 19, 1995, 109 Stat. 701.) Chapter 18.--CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATION, KIDNAPPING, AND ASSAULT 969 Sec. 351. Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault; penalties (a) Whoever kills any individual who is a Member of Congress or a Member-of-Congress-elect, a member of the executive branch of the Government who is the head, or a person nominated to be head during the pendency of such nomination, of a department listed in section 101 of title 5 or the second ranking official in such department, the Director (or a person nominated to be Director during the pendency of such nomination) or Deputy Director of Central Intelligence, a major Presidential or Vice Presidential candidate (as defined in section 3056 of this title), or a Justice of the United States, as defined in section 451 of title 28, or a person nominated to be a Justice of the United States, during the pendency of such nomination, shall be punished as provided by sections 1111 and 1112 of this title. (b) Whoever kidnaps any individual designated in subsection (a) of this section shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual. (c) Whoever attempts to kill or kidnap any individual designated in subsection (a) of this section shall be punished by imprisonment for any term of years or for life. (d) If two or more persons conspire to kill or kidnap any individual designated in subsection (a) of this section and one or more of such persons do any act to effect the object of the conspiracy, each shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual. (e) Whoever assaults any person designated in subsection (a) of this section shall be fined under this title, or imprisoned not more than one year, or both; and if the assault involved the use of a dangerous weapon, or personal injury results, shall be fined under this title, or imprisoned not more than ten years, or both. (f) If Federal investigative or prosecutive jurisdiction is asserted for a violation of this section, such assertion shall suspend the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated. (g) Violations of this section shall be investigated by the Federal Bureau of Investigation. Assistance may be requested from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding. [[Page 758]] (h) In a prosecution for an offense under this section the Government need not prove that the defendant knew that the victim of the offense was an individual protected by this section. (i) There is extraterritorial jurisdiction over the conduct prohibited by this section. (Added Pub. L. 91-644, Title IV, Sec. 15, Jan. 2, 1971, 84 Stat. 1891, and amended Pub. L. 97-285, Sec. Sec. 1, 2(a), Oct. 6, 1982, 96 Stat. 1219; Pub. L. 99-646, Sec. 62, Nov. 10, 1986, 100 Stat. 3614; Pub. L. 100-690, Title VII, Sec. 7074, Nov. 18, 1988, 102 Stat. 4405; Pub. L. 103-322, Title XXXII, Sec. 320101(d), Title XXXIII, Sec. Sec. 330016(1)(K), (L), 330021(1), Sept. 13, 1994, 108 Stat. 2108, 2147, 2150; Pub. L. 104-294, Title VI, Sec. 604(b)(12)(C), (c)(2), Oct. 11, 1996, 110 Stat. 3507, 3509.) Chapter 23.--CONTRACTS 970 Sec. 431. Contracts by Member of Congress Whoever, being a Member of or Delegate to Congress, or a Resident Commissioner, either before or after he has qualified, directly or indirectly, himself, or by any other person in trust for him, or for his use or benefit, or on his account, undertakes, executes, holds, or enjoys, in whole or in part, any contract or agreement, made or entered into in behalf of the United States or any agency thereof, by any officer or person authorized to make contracts on its behalf, shall be fined under this title. All contracts or agreements made in violation of this section shall be void; and whenever any sum of money is advanced by the United States or any agency thereof, in consideration of any such contract or agreement, it shall forthwith be repaid; and in case of failure or refusal to repay the same when demanded by the proper officer of the department or agency under whose authority such contract or agreement shall have been made or entered into, suit shall at once be brought against the person so failing or refusing and his sureties for the recovery of the money so advanced. (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 702; Oct. 31, 1951, ch. 655, Sec. 19, 65 Stat. 717; Sept. 13, 1994, Pub. L. 103-322, Sec. 330016(1)(J), 108 Stat. 2147.) 971 Sec. 432. Officer or employee contracting with Member of Congress Whoever, being an officer or employee of the United States, on behalf of the United States or any agency thereof, directly or indirectly makes or enters into any contract, bargain, or agreement, with any Member of or Delegate to Congress, or any Resident Commissioner, either before or after he has qualified, shall be fined under this title. (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 702; Sept. 13, 1994, Pub. L. 103-322, Sec. 330016(1)(J), 108 Stat. 2147.) 972 Sec. 433. Exemptions with respect to certain contracts Sections 431 and 432 of this title shall not extend to any contract or agreement made or entered into, or accepted by any incorporated company for the general benefit of such corporation; nor to the purchase or sale of bills of exchange or other property where the same are ready for delivery and payment therefor is made at the time of making or entering into the contract or agreement. Nor shall the provisions of such section apply to advances, loans, discounts, purchase or repurchase agreements extensions, or renewals thereof, or acceptances, releases or substitutions of security therefor or other contracts or agreements made [[Page 759]] or entered into under the Reconstruction Finance Corporation Act, the Agricultural Adjustment Act, the Federal Farm Loan Act, the Emergency Farm Mortgage Act of 1933, the Farm Credit Act of 1933, or the Home Owners Loan Act of 1933, the Farmers' Home Administration Act of 1946, the Bankhead-Jones Farm Tenant Act, or to crop insurance agreements or contracts or agreements of a kind which the Secretary of Agriculture may enter into with farmers. Any exemption permitted by this section shall be made a matter of public record. (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 703; Oct. 4, 1961, Pub. L. 87-353, Sec. 3(o), 75 Stat. 774.) Chapter 29.--ELECTIONS AND POLITICAL ACTIVITIES 973 Sec. 591. (Repealed.) 974 Sec. 594. 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 fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 720; Sept. 22, 1970, Pub. L. 91-405, Title II, Sec. 204(d)(5), 84 Stat. 853; Sept. 13, 1994, Pub. L. 103-322, Sec. 330016(1)(H), 108 Stat. 2147.) 975 Sec. 595. Interference by administrative employees of Federal, State, or Territorial Governments Whoever, being a person employed in any administrative position by the United States, or by any department or agency thereof, or by the District of Columbia, or any agency or instrumentality thereof, or by any State, Territory, or Possession of the United States, or any political subdivision, municipality, or agency thereof, or agency of such political subdivision or municipality (including any corporation owned or controlled by any State, Territory, or Possession of the United States or by any such political subdivision, municipality, or agency), in connection with any activity which is financed in whole or in part by loans or grants made by the United States, or any department or agency thereof, uses his official authority for the purpose of interfering with, or affecting, the nomination or the election of 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, shall be fined under this title or imprisoned not more than one year, or both. This section shall not prohibit or make unlawful any act by any officer or employee of any educational or research institution, establishment, agency, or system which is supported in whole or in part by any state or political subdivision thereof, or by the District of Columbia or by any Territory or Possession of the United States; or by any recognized religious, philanthropic or cultural organization. (June 25, 1948, ch. 645, 62 Stat. 720; Sept. 22, 1970, Pub. L. 91-405, Title II, Sec. 204(d)(6), 84 [[Page 760]] Stat. 853; Sept. 13, 1994, Pub. L. 103-322, Sec. 330016(1)(H), 108 Stat. 2147.) 976 Sec. 597. Expenditures to influence voting Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate; and Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote-- Shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both. (June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat. 2147; Oct. 11, 1996, Pub. L. 104-294, Title VI, Sec. 601(a)(12), 110 Stat. 3498.) 977 Sec. 598. Coercion by means of relief appropriations Whoever uses any part of any appropriation made by Congress for work relief, relief, or for increasing employment by providing loans and grants for public-works projects, or exercises or administers any authority conferred by any Appropriation Act for the purpose of interfering with, restraining, or coercing any individual in the exercise of his right to vote at any election, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(H), 108 Stat. 2147.) 978 Sec. 599. Promise of appointment by candidate Whoever, being a candidate, directly or indirectly promises or pledges the appointment, or the use of his influence or support for the appointment of any person to any public or private position or employment, for the purpose of procuring support in his candidacy shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both. (June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994, Pub. L. 103-322, Sec. 330016(1)(H), (L), 108 Stat. 2147.) 979 Sec. 600. Promise of employment or other benefit for political activity Whoever, directly or indirectly, promises any employment, position, compensation, contract, appointment, or other benefit, provided for or made possible in whole or in part by any Act of Congress, or any special consideration in obtaining any such benefit, to any person as consideration, favor, or reward for any political activity or for the support of or opposition to any candidate or any political party in connection with any general or special election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 721; Feb. 7, 1972, Pub. L. 92-225, Sec. 202, 86 Stat 9; Oct. 2, 1976, Pub. L. 94-453, Sec. 3, 90 Stat. 1517; Sept. 13, 1994, Pub. L. 103- 322, Sec. 330016(1)(L), 108 Stat. 2147.) [[Page 761]] 980 Sec. 601. Deprivation of employment or other benefit for political contribution (a) Whoever, directly or indirectly, knowingly causes or attempts 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 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, payment, or benefit is provided for or made possible in whole or in part by an Act of Congress, shall be fined under this title or imprisoned not more than one year, or both. (b) 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 paragraph, an individual shall be deemed to seek nomination 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 nomination for election, or election, or (B) received contributions 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 office; (2) the term ``election'' means (A) a general, special primary, or runoff election, (B) a convention or caucus of political party held to nominate a candidate, (C) a primary election held for the selection of delegates to a nominating convention of a political party, (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President, and (E) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or of any State; and (3) the term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. (June 25, 1948, ch. 645, 62 Stat. 721; Oct. 2, 1976, Pub. L. 94- 453, Sec. 1, 90 Stat. 1516; Sept. 13, 1994, Pub. L. 103-322, Sec. 330016(1)(L), 108 Stat. 2147.) 981 Sec. 602. Solicitation of political contributions (a) 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 compensation for services from money derived from the Treasury of the United States; to [[Page 762]] 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. Any person who violates this section shall be fined under this title or imprisoned not more than 3 years, or both. (b) The prohibition in subsection (a) shall 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 section 7323 or 7324 of such title. (June 25, 1948, ch. 645, 62 Stat. 722; Jan. 8, 1980, Pub. L. 96-187, Title II, Sec. 201(a)(3), 93 Stat. 1367; Oct. 6, 1993, Pub. L. 103-94, Sec. 4(a), 107 Stat. 1004; Sept. 13, 1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.) 982 Sec. 603. Making political contributions (a) It shall be unlawful for an officer or employee of the United States or any department or agency thereof, or a person receiving any salary or compensation for services from money derived from the Treasury of the United States, to make any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 to any other such officer, employee or person or to any Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, if the person receiving such contribution is the employer or employing authority of the person making the contribution. Any person who violates this section shall be fined under this title or imprisoned not more than three years, or both. (b) For purposes of this section, a contribution to an authorized committee as defined in section 302(e)(1) of the Federal Election Campaign Act of 1971 shall be considered a contribution to the individual who has authorized such committee. (c) The prohibition in subsection (a) shall 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 section 7323 or 7324 of such title. (June 25, 1948, ch. 645, 62 Stat. 722; Oct. 31, 1951, ch. 655, Sec. 20(b), 65 Stat. 718; Jan. 8, 1980, Pub. L. 96-187, Title II, Sec. 201(a)(4), 93 Stat. 1367; Oct. 6, 1993, Pub. L. 103-94, Sec. 7, 107 Stat. 1005; Sept. 13, 1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.) 983 Sec. 604. Solicitation from persons on relief Whoever solicits or receives or is in any manner concerned in soliciting or receiving any assessment, subscription, or contribution for any political purpose from any person known by him to be entitled to, or receiving compensation, employment, or other benefit provided for or made possible by any Act of Congress appropriating funds for work relief or relief purposes, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 722, Pub. L. 103-322, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) 984 Sec. 605. Disclosure of names of persons on relief Whoever, for political purposes, furnishes or discloses any list of names of persons receiving compensation, employment or benefits provided for or made possible by any Act of Congress appropriating, or authorizing [[Page 763]] the appropriation of funds for work relief or relief purposes, to a political candidate, committee, campaign manager, or to any person for delivery to a political candidate, committee, or campaign manager; and Whoever receives any such list or names for political purposes-- Shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 722, Pub. L. 103-322, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) 985 Sec. 606. Intimidation to secure political contributions Whoever, being one of the officers or employees of the United States mentioned in section 602 of this title, discharges, or promotes, or degrades, or in any manner changes the official rank or compensation of any other officer or employee, or promises or threatens so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose, shall be fined under this title or imprisoned not more than 3 years, or both. (June 25, 1948, ch. 645, 62 Stat. 722; Sept. 13, 1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.) 986 Sec. 607. Place of solicitation (a) Prohibition.-- (1) In general.--It shall be unlawful for any person to solicit or receive a donation of money or other thing of value in connection with a Federal, State, or local election from a person who is located in a room or building occupied in the discharge of official duties by an officer or employee of the United States. It shall be unlawful for an individual who is an officer or employee of the Federal Government, including the President, Vice President, and Members of Congress, to solicit or receive a donation of money or other thing of value in connection with a Federal, State, or local election, while in any room or building occupied in the discharge of official duties by an officer or employee of the United States, from any person. (2) Penalty.--A person who violates this section shall be fined not more than $5,000, imprisoned not more than 3 years, or both. (b) The prohibition in subsection (a) shall not apply to the receipt of contributions by persons on the staff of a Senator or Representative in, or Delegate or Resident Commissioner to, the Congress or Executive Office of the President, provided, that such contributions have not been solicited in any manner which directs the contributor to mail or deliver a contribution to any room, building, or other facility referred to in subsection (a), and provided that such contributions are transferred within seven days of receipt to a political committee within the meaning of section 302(e) of the Federal Election Campaign Act of 1971. (June 25, 1948, ch. 645, 62 Stat. 722; Jan. 8, 1980, Pub. L. 96-187, Title II, Sec. 201(a)(5), 93 Stat. 1367; Sept. 13, 1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147; March 27, 2002, Pub. L. 107-155, Title III, Sec. 302(1), 116 Stat. 96.) [[Page 764]] Chapter 35.--EMBLEMS, INSIGNIA AND NAMES 987 Sec. 713. 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 (a) Whoever knowingly displays any printed or other likeness of the great seal of the United States, or of the seals of the President or the Vice President of the United States, or the seal of the United States Senate, or the seal of the United States House of Representatives, or the seal of the United States Congress, or any facsimile thereof, in, or in connection with, any advertisement, poster, circular, book, pamphlet, or other publication, public meeting, play, motion picture, telecast, or other production, or on any building, monument, or stationery, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, or instrumentality thereof, shall be fined under this title or imprisoned not more than six months, or both. (b) Whoever, except as authorized under regulations promulgated by the President and published in the Federal Register, knowingly manufactures, reproduces, sells, or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seals of the President or Vice President, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both. (c) Whoever, except as directed by the United States Senate, or the Secretary of the Senate on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States Senate, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both. (d) Whoever, except as directed by the United States House of Representatives, or the Clerk of the House of Representatives on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States House of Representatives, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both. (e) Whoever, except as directed by the United States Congress, or the Secretary of the Senate and the Clerk of the House of Representatives, acting jointly on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States Congress, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both. [[Page 765]] (f) A violation of the provisions of this section may be enjoined at the suit of the Attorney General, (1) in the case of the great seal of the United States and the seals of the President and Vice President, upon complaint by any authorized representative of any department or agency of the United States; (2) in the case of the seal of the United States Senate, upon complaint by the Secretary of the Senate; (3) in the case of the seal of the United States House of Representatives, upon complaint by the Clerk of the House of Representatives; and (4) in the case of the seal of the United States Congress, upon complaint by the Secretary of the Senate and the Clerk of the House of Representatives, acting jointly. (Added Pub. L. 89-807, Sec. 1(a), Nov. 11, 1966, 80 Stat. 1525, and amended Pub. L. 91-651, Sec. 1, Jan. 5, 1971, 84 Stat. 1940; Pub. L. 102-229, Title II, Sec. 210(a)-(d), Dec. 12, 1991, 105 Stat. 1717; Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(E), Sept. 13, 1994, 108 Stat. 2146; Pub. L. 105-55, Title III, Sec. 308(a)- (d), Oct. 7, 1997, 111 Stat. 1198.) Chapter 37.--ESPIONAGE AND CENSORSHIP 988 Sec. 798. Disclosure of classified information (a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information-- (1) concerning the nature, preparation, or use of any code, cipher, or cryptographic system of the United States or any foreign government; or (2) concerning the design, construction, use, maintenance, or repair of any device, apparatus, or appliance used or prepared or planned for use by the United States or any foreign government for cryptographic or communication intelligence purposes; or (3) concerning the communication intelligence activities of the United States or any foreign government; or (4) obtained by the processes of communication intelligence from the communications of any foreign government, knowing the same to have been obtained by such processes-- Shall be fined under this title or imprisoned not more than ten years, or both. (b) As used in subsection (a) of this section-- The term ``classified information'' means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution; The terms ``code,'' ``cipher,'' and ``cryptographic system'' include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications; The term ``foreign government'' includes in its meaning any person or persons acting or purporting to act for or on behalf of any faction, [[Page 766]] party, department, agency, bureau, or military force of or within a foreign country, or for or on behalf of any government or any person or persons purporting to act as a government within a foreign country, whether or not such government is recognized by the United States; The term ``communication intelligence'' means all procedures and methods used in the interception of communications and the obtaining of information from such communications by other than the intended recipients; The term ``unauthorized person'' means any person who, or agency which, is not authorized to receive information of the categories set forth in subsection (a) of this section, by the President, or by the head of a department of agency of the United States Government which is expressly designated by the President to engage in communication intelligence activities for the United States. (c) Nothing in this section shall prohibit the furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives of the United States of America, or joint committee thereof. (d)(1) Any person convicted of a violation of this section shall forfeit to the United States irrespective of any provision of State law-- (A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and (B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation. (2) The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1). (3) Except as provided in paragraph (4), the provisions of subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)-(p)), shall apply to-- (A) property subject to forfeiture under this subsection; (B) any seizure or disposition of such property; and (C) any administrative or judicial proceeding in relation to such property, if not inconsistent with this subsection. (4) Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law. (5) As used in this subsection, the term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (Added Oct. 31, 1951, ch. 655, Sec. 24(a), 65 Stat. 719, and amended Sept. 13, 1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(L), 108 Stat. 2147; Oct. 14, 1994, Pub. L. 103-359, Title VIII, Sec. 804(a), 108 Stat. 3439; Oct. 11, 1996, Pub. L. 104-294, Title VI, Sec. 602(c), 110 Stat. 3503.) [[Page 767]] Chapter 73.--OBSTRUCTION OF JUSTICE 989 Sec. 1505. Obstruction of proceedings before departments, agencies, and committees Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress-- Shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 770; Sept. 19, 1962, Pub. L. 87-664, Sec. 6(a), 76 Stat. 551; Oct. 15, 1970, Pub. L. 91-452, Title IX, Sec. 903, 84 Stat. 947; Sept. 30, 1976, Pub. L. 94-435, Title I, Sec. 105, 90 Stat. 1389; Oct. 12, 1982, Pub. L. 97-291, Sec. 4(d), 96 Stat. 1253; Sept. 13, 1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.) Chapter 83.--POSTAL SERVICE 990 Sec. 1719. 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. (June 25, 1948, ch. 645, 62 Stat. 783; Sept. 13, 1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(F), 108 Stat. 2147.) Chapter 93.--PUBLIC OFFICERS AND EMPLOYEES 991 Sec. 1906. Disclosure of information from a bank examination report Whoever, being an examiner, public or private, or a General Accounting Office employee with access to bank examination report information under section 714 of title 31, discloses the names of borrowers or the collateral for loans of any member bank of the Federal Reserve System, any bank insured by the Federal Deposit Insurance Corporation, any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or any organization operating under section 25 or section 25(a) of the Federal Reserve Act, examined by him or subject to General Accounting Office audit under section 714 of title 31 to other than the proper officers of such bank, branch, agency, or organization, without first having obtained the express permission in writing from the Comptroller of the Currency as to a national bank or a Federal branch or Federal agency (as such terms are defined in paragraphs (5) and (6) [[Page 768]] of section 1(b) of the International Banking Act of 1978), the Board of Governors of the Federal Reserve System as to a State member bank, an uninsured State branch or State agency (as such terms are defined in paragraphs (11) and (12) of section 1(b) of the International Banking Act of 1978), or an organization operating under section 25 or section 25(a) of the Federal Reserve Act, or the Federal Deposit Insurance Corporation as to any other insured bank, including any insured branch (as defined in section 3(s) of the Federal Deposit Insurance Act), or from the board of directors of such bank or organization, except when ordered to do so by a court of competent jurisdiction, or by direction of the Congress of the United States, or either House thereof, or any committee of Congress or either House duly authorized or as authorized by section 714 of title 31 shall be fined under this title or imprisoned not more than one year or both. (June 25, 1948, ch. 645, 62 Stat. 791; July 21, 1978, Pub. L. 95-320, Sec. 3, 92 Stat. 393; Sept. 13, 1982, Pub. L. 97-258, Sec. 3(e)(1), 96 Stat. 1064; Nov. 29, 1990, Pub. L. 101-647, Title XXV, Sec. 2597(k), 104 Stat. 4911; Sept. 13, 1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.) 992 Sec. 1913. Lobbying with appropriated moneys No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to Members of Congress on the request of any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. Whoever, being an officer or employee of the United States or of any department or agency thereof, violates or attempts to violate this section, shall be fined under this title or imprisoned not more than one year, or both; and after notice and hearing by the superior officer vested with the power of removing him, shall be removed from office or employment. (June 25, 1948, ch. 645, 62 Stat. 792; Sept. 13, 1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(G), 108 Stat. 2147.) 993 Sec. 1918. Disloyalty and asserting the right to strike against the Government Whoever violates the provision of section 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he-- (1) advocates the overthrow of our constitutional form of government; (2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government; (3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or [[Page 769]] (4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia; shall be fined under this title or imprisoned not more than one year and a day, or both. (Added Pub. L. 89-554, Sec. 3(d), Sept. 6, 1966, 80 Stat. 609, and amended Pub. L. 104-294, Title VI, Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.) Part V.--IMMUNITY OF WITNESSES 994 Sec. 6001. Definitions As used in this chapter-- (1) ``agency of the United States'' means any executive department as defined in section 101 of title 5, United States Code, a military department as defined in section 102 of title 5, United States Code, the Nuclear Regulatory Commission, the Board of Governors of the Federal Reserve System, the China Trade Act registrar appointed under 53 Stat. 1432 (15 U.S.C. sec. 143), the Commodity Futures Trading Commission, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal Maritime Commission, the Federal Power Commission, the Federal Trade Commission, the Surface Transportation Board, the National Labor Relations Board, the National Transportation Safety Board, the Railroad Retirement Board, an arbitration board established under 48 Stat. 1193 (45 U.S.C. sec. 157), the Securities and Exchange Commission, or a board established under 49 Stat. 31 (15 U.S.C. sec. 715d); (2) ``other information'' includes any book, paper, document, record, recording, or other material; (3) ``proceeding before an agency of the United States'' means any proceeding before such an agency with respect to which it is authorized to issue subpoenas and to take testimony or receive other information from witnesses under oath; and (4) ``court of the United States'' means any of the following courts: the Supreme Court of the United States, a United States court of appeals, a United States district court established under chapter 5, title 28, United States Code, a United States bankruptcy court established under chapter 6, title 28, United States Code, the District of Columbia Court of Appeals, the Superior Court of the District of Columbia, the District Court of Guam, the District Court of the Virgin Islands, the United States Court of Federal Claims, the Tax Court of the United States, the Court of International Trade, and the Court of Appeals for the Armed Forces. (Added Pub. L. 91-452, Title II, Sec. 201(a), Oct. 15, 1970, 84 Stat. 926, and amended Pub. L. 95-405, Sec. 25, Sept. 30, 1978, 92 Stat. 877; Pub. L. 95-598, Title III, Sec. 314(l), Nov. 6, 1978, 92 Stat. 2678; Pub. L. 96-417, Title VI, Sec. 601(l), Oct. 10, 1980, 94 Stat. 1744; Pub. L. 97-164, Title I, Sec. 164(l), Apr. 2, 1982, 96 Stat. 50; Pub. L. 102-550, Title XV, Sec. 1543, Oct. 28, 1992, 106 Stat. 4069; Pub. L. 103-272, Sec. 4(d), July 5, 1994, 108 Stat. 1361; Pub. L. 103-322, Title XXXIII, Sec. 330013(2), (3), Sept. 13, 1994, 108 Stat. 2146; Pub. L. 103-337, Div. A, Title IX, Sec. 924(d)(1)(B), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 104-88, Title III, Sec. 303(2), Dec. 29, 1995, 109 Stat. 943.) [[Page 770]] 995 Sec. 6002. Immunity generally Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding before or ancillary to-- (1) a court or grand jury of the United States, (2) an agency of the United States, or (3) either House of Congress, a joint committee of the two Houses, or a committee or a subcommittee of either House, and the person presiding over the proceeding communicates to the witness an order issued under this title, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; but no testimony or other information compelled under the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. (Added Pub. L. 91-452, Title II, Sec. 201(a), Oct. 15, 1970, 84 Stat. 927, and amended Pub. L. 103-322, Title XXXIII, Sec. 330013(4), Sept. 13, 1994, 108 Stat. 2146.) 996 Sec. 6005. Congressional proceedings (a) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to either House of Congress, or any committee, or any subcommittee of either House, or any joint committee of the two Houses, a United States district court shall issue, in accordance with subsection (b) of this section, upon the request of a duly authorized representative of the House of Congress or the committee concerned, an order requiring such individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self- incrimination, such order to become effective as provided in section 6002 of this title. (b) Before issuing an order under subsection (a) of this section, a United States district court shall find that-- (1) in the case of a proceeding before or ancillary to either Houses of Congress, the request for such an order has been approved by an affirmative vote of a majority of the Members present of that House; (2) in the case of a proceeding before or ancillary to a committee or a subcommittee of either House of Congress or a joint committee of both Houses, the request for such an order has been approved by an affirmative vote of two- thirds of the members of the full committee; and (3) ten days or more prior to the day on which the request for such an order was made, the Attorney General was served with notice of an intention to request the order. (c) Upon application of the Attorney General, the United States district court shall defer the issuance of any order under subsection (a) of this section for such period, not longer than twenty days from the date of the request for such order, as the Attorney General may specify. (Added Pub. L. 91-452, Title II, Sec. 201(a), Oct. 15, 1970, 84 Stat. 928, and amended Pub. L. 103-322, Title XXXIII, Sec. 330013(4), Sept. 13, 1994, 108 Stat. 2146; Pub. L. 104- 292, Sec. 5, Oct. 11, 1996, 110 Stat. 3460; Pub. L. 104-294, Title VI, Sec. 605(o), Oct. 11, 1996, 110 Stat. 3510.) 19 u.s.c.--customs duties general and permanent laws relating to the senate