All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
Prosecution Report
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1 Prosecution
in Fiscal Year 2014
Conviction Report
Not Available
1 Conviction
in Fiscal Year 2014

CITE

    18 USC Sec. 207                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

HEAD

    Sec. 207. Restrictions on former officers, employees, and elected
      officials of the executive and legislative branches

STATUTE

      (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 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) 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.
        (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 that person is paid at a rate of basic
        pay which is equal to or greater than 86.5 percent of the rate
        of basic pay for level II of the Executive Schedule, or, for a
        period of 2 years following the enactment of the National
        Defense Authorization Act for Fiscal Year 2004, a person who,
        on the day prior to the enactment of that Act, was employed in
        a position which is not referred to in clause (i) and for which
        the rate of basic pay, exclusive of any locality-based pay
        adjustment under section 5304 or section 5304a of title 5, was
        equal to or greater than the rate of basic pay payable for
        level 5 of the Senior Executive Service on the day prior to the
        enactment of that Act,
          (iii) appointed by the President to a 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,
          (iv) employed in a position which is held by an active duty
        commissioned officer of the uniformed services who is serving
        in a grade or rank for which the pay grade (as specified in
        section 201 of title 37) is pay grade O-7 or above; or
          (v) assigned from a private sector organization to an agency
        under chapter 37 of title 5.
        (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 -
          (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 2 years 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 appointed to a position in the executive
        branch which is listed in section 5312, 5313, 5314, 5315, or
        5316 of title 5.
      (e) Restrictions on Members of Congress and Officers and
    Employees of the Legislative Branch. -
        (1) Members of congress and elected officers of the house. -
          (A) Senators. - Any person who is a Senator and who, within 2
        years after that person leaves office, knowingly makes, with
        the intent to influence, any communication to or appearance
        before any Member, officer, or employee of either House of
        Congress or any employee of any other legislative office of the
        Congress, on behalf of any other person (except the United
        States) in connection with any matter on which such former
        Senator seeks action by a Member, officer, or employee of
        either House of Congress, in his or her official capacity,
        shall be punished as provided in section 216 of this title.
          (B) Members and officers of the house of representatives. -
        (i) Any person who is a Member of the House of Representatives
        or an elected officer of the House of Representatives and who,
        within 1 year after that person leaves office, knowingly makes,
        with the intent to influence, any communication to or
        appearance before any of the persons described in clause (ii)
        or (iii), on behalf of any other 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.
          (ii) The persons referred to in clause (i) with respect to
        appearances or communications by a former Member of the House
        of Representatives are any Member, officer, or employee of
        either House of Congress and any employee of any other
        legislative office of the Congress.
          (iii) The persons referred to in clause (i) with respect to
        appearances or communications by a former elected officer are
        any Member, officer, or employee of the House of
        Representatives.
        (2) Officers and staff of the senate. - Any person who is an
      elected officer of the Senate, or an employee of the Senate to
      whom paragraph (7)(A) applies, and who, within 1 year after that
      person leaves office or employment, knowingly makes, with the
      intent to influence, any communication to or appearance before
      any Senator or any officer or employee of the Senate, on behalf
      of any other person (except the United States) in connection with
      any matter on which such former elected officer or former
      employee seeks action by a Senator or an officer or employee of
      the Senate, in his or her official capacity, shall be punished as
      provided in section 216 of this title.
        (3) Personal staff. - (A) Any person who is an employee of a
      Member of the House of Representatives to whom paragraph (7)(A)
      applies 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 referred to in subparagraph (A) with respect to
      appearances or communications by a person who is a former
      employee are the following:
          (i) the Member of the House of Representatives for whom that
        person was an employee; and
          (ii) any employee of that Member of the House of
        Representatives.
        (4) Committee staff. - Any person who is an employee of a
      committee of the House of Representatives, or an employee of a
      joint committee of the Congress whose pay is disbursed by the
      Clerk of the House of Representatives, to whom paragraph (7)(A)
      applies and who, within 1 year after the termination of that
      person's employment on such committee or joint committee (as the
      case may be), knowingly makes, with the intent to influence, any
      communication to or appearance before any person who is a Member
      or an employee of that committee or joint committee (as the case
      may be) or who was a Member of the committee or joint committee
      (as the case may be) in the year immediately prior to the
      termination of such person's employment by the committee or joint
      committee (as the case may be), on behalf of any other person
      (except the United States) in connection with any matter on which
      such former employee seeks action by a Member, officer, or
      employee of either House of Congress, in his or her official
      capacity, shall be punished as provided in section 216 of this
      title.
        (5) Leadership staff. - (A) Any person who is an employee on
      the leadership staff of the House of Representatives to whom
      paragraph (7)(A) applies and who, within 1 year after the
      termination of that person's employment on such staff, 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 referred to in subparagraph (A) with respect to
      appearances or communications by a former employee are any Member
      of the leadership of the House of Representatives and any
      employee on the leadership staff of the House of Representatives.
        (6) Other legislative offices. - (A) Any person who is an
      employee of any other legislative office of the Congress to whom
      paragraph (7)(B) applies 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.
        (7) Limitation on restrictions. - (A) The restrictions
      contained in paragraphs (2), (3), (4), and (5) apply only to acts
      by a former employee who, for at least 60 days, in the aggregate,
      during 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 (6) apply only to
      acts by a former employee who, for at least 60 days, in the
      aggregate, during the 1-year period before that former employee's
      service as such employee terminated, was employed in a position
      for which the rate of basic pay, exclusive of any locality-based
      pay adjustment under section 5302 of title 5, is equal to or
      greater than the basic rate of pay payable for level IV of the
      Executive Schedule.
        (8) Exception. - This subsection shall not apply to contacts
      with the staff of the Secretary of the Senate or the Clerk of the
      House of Representatives regarding compliance with lobbying
      disclosure requirements under the Lobbying Disclosure Act of
      1995.
        (9) 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, 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 Government
        Accountability Office, the Government Printing Office, the
        Library of Congress, the Office of Technology Assessment, the
        Congressional Budget Office, the United States Capitol Police,
        and any other agency, entity, or office in the legislative
        branch not covered by paragraph (1), (2), (3), (4), or (5) of
        this subsection;
          (H) the term "employee on the leadership staff of the House
        of Representatives" means an employee of the office of a Member
        of the 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
        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
      under paragraph (1) as a separate department or agency. No
      designation under paragraph (1) shall apply to persons referred
      to in subsection (c)(2)(A)(i) or (iii).
      (i) Definitions. - For purposes of this section -
        (1) the term "officer or employee", when used to describe the
      person to whom a communication is made or before whom an
      appearance is made, with the intent to influence, shall include -
          (A) in subsections (a), (c), and (d), the President and the
        Vice President; and
          (B) in subsection (f), the President, the Vice President, and
        Members of Congress;
        (2) the term "participated" means an action taken as an officer
      or employee through decision, 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. -
          (A) In general. - 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.
          (B) Tribal organizations and inter-tribal consortiums. - The
        restrictions contained in this section shall not apply to acts
        authorized by section 104(j) of the Indian Self-Determination
        and Education Assistance Act (25 U.S.C. 450i(j)).
        (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, or a hospital or medical research organization,
        exempted and defined under section 501(c)(3) of the Internal
        Revenue Code of 1986, if the appearance, communication, or
        representation is on behalf of such institution, hospital, or
        organization.
        (3) International organizations. - The restrictions contained
      in this section shall not apply to an appearance or communication
      on behalf of, or advice or aid to, an international organization
      in which the United States 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 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 for any other person
        (except the United States) in that matter; and
          (B) a former officer or employee of the District of Columbia
        who is subject to the restrictions contained in subsection
        (a)(1) with respect to a particular matter may not, except
        pursuant to court order, serve as an 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 -
            (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;
          (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 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.
      (l) Contract Advice by Former Details. - Whoever, being an
    employee of a private sector organization assigned to an agency
    under chapter 37 of title 5, within one year after the end of that
    assignment, knowingly represents or aids, counsels, or assists in
    representing any other person (except the United States) in
    connection with any contract with that agency shall be punished as
    provided in section 216 of this title.

SOURCE

    (Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1123;
    amended Pub. L. 95-521, title V, Sec. 501(a), Oct. 26, 1978, 92
    Stat. 1864; Pub. L. 96-28, 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, Secs. 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. 1427, 1440; Pub. L. 102-25,
    title VII, Sec. 705(a), Apr. 6, 1991, 105 Stat. 120; Pub. L. 102-
    190, div. C, 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, Secs. 330002(i),
    330010(15), Sept. 13, 1994, 108 Stat. 2140, 2144; Pub. L. 104-65,
    Sec. 21(a), Dec. 19, 1995, 109 Stat. 704; Pub. L. 104-179, Secs. 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. 3009-314, 3009-363; Pub. L. 105-244, title I, Sec. 102(a)(5),
    Oct. 7, 1998, 112 Stat. 1618; Pub. L. 107-347, title II, Sec.
    209(d)(1), (3), Dec. 17, 2002, 116 Stat. 2930; Pub. L. 108-136,
    div. A, title XI, Sec. 1125(b)(1), Nov. 24, 2003, 117 Stat. 1639;
    Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub. L.
    110-81, title I, Secs. 101, 104(a), Sept. 14, 2007, 121 Stat. 736,
    740.)

REFERENCES IN TEXT

      Section 1102 of the Omnibus Trade and Competitiveness Act of
    1988, referred to in subsec. (b)(2)(A), is classified to section
    2902 of Title 19, Customs Duties.
      Levels I, II, and IV of the Executive Schedule, referred to in
    subsecs. (c)(2)(A)(ii), (d)(1)(B), and (e)(7)(B), are set out in
    sections 5312, 5313, and 5315, respectively, of Title 5, Government
    Organization and Employees.
      The National Defense Authorization Act for Fiscal Year 2004,
    referred to in subsec. (c)(2)(A)(ii), is Pub. L. 108-136, Nov. 24,
    2003, 117 Stat. 1392. For complete classification of this Act to
    the Code, see Tables.
      Senior Executive Service, referred to in subsec. (c)(2)(A)(ii),
    see section 5382 of Title 5, Government Organization and Employees.
      The Lobbying Disclosure Act of 1995, referred to in subsec.
    (e)(8), is Pub. L. 104-65, Dec. 19, 1995, 109 Stat. 691, which is
    classified principally to chapter 26 (Sec. 1601 et seq.) of Title
    2, The Congress. For complete classification of this Act to the
    Code, see Short Title note set out under section 1601 of Title 2
    and Tables.
      Section 102(a) of the Ethics Reform Act of 1989, referred to in
    subsec. (e)(9)(L), (M), is section 102(a) of Pub. L. 101-194, which
    is set out below.
      Section 1(e) and (f) of the Foreign Agents Registration Act of
    1938, referred to in subsec. (f)(3), is classified to section
    611(e) and (f) of Title 22, Foreign Relations and Intercourse.
      Section 101 of the Higher Education Act of 1965, referred to in
    subsec. (j)(2)(B), is classified to section 1001 of Title 20,
    Education.
      Section 501(c)(3) of the Internal Revenue Code of 1986, referred
    to in subsec. (j)(2)(B), is classified to section 501(c)(3) of
    Title 26, Internal Revenue Code.

CODIFICATION

      Another section 501(a) of Pub. L. 95-521, as added by Pub. L. 101-
    194, title VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1760, is set
    out in the Appendix to Title 5, Government Organization and
    Employees.

PRIOR PROVISIONS

      A prior section 207, act June 25, 1948, ch. 645, 62 Stat. 692,
    related to the acceptance of a bribe by a judge, prior to the
    general amendment of this chapter by Pub. L. 87-849 and is
    substantially covered by revised section 201.
      Provisions similar to those comprising this section were
    contained in section 284 of this title prior to the repeal of such
    section and the general amendment of this chapter by Pub. L. 87-
    849.
                                AMENDMENTS
      2007 - Subsec. (d)(1). Pub. L. 110-81, Sec. 101(a), substituted
    "within 2 years" for "within 1 year" in concluding provisions.
      Subsec. (e)(1). Pub. L. 110-81, Sec. 101(b)(3), added par. (1)
    and struck out former par. (1) which read as follows:
      "(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.
      "(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."
      Subsec. (e)(2). Pub. L. 110-81, Sec. 101(b)(3), added par. (2).
    Former par. (2) redesignated (3).
      Subsec. (e)(3). Pub. L. 110-81, Sec. 101(b)(2), redesignated par.
    (2) as (3). Former par. (3) redesignated (4).
      Subsec. (e)(3)(A). Pub. L. 110-81, Sec. 101(b)(4)(A), substituted
    "of a Member of the House of Representatives to whom paragraph
    (7)(A) applies" for "of a Senator or an employee of a Member of the
    House of Representatives".
      Subsec. (e)(3)(B). Pub. L. 110-81, Sec. 101(b)(4)(B), struck out
    "Senator or" before "Member of the House" in cls. (i) and (ii).
      Subsec. (e)(4). Pub. L. 110-81, Sec. 101(b)(5), substituted
    "committee of the House of Representatives, or an employee of a
    joint committee of the Congress whose pay is disbursed by the Clerk
    of the House of Representatives, to whom paragraph (7)(A) applies"
    for "committee of Congress" and inserted "or joint committee (as
    the case may be)" after "committee" wherever subsequently
    appearing.
      Pub. L. 110-81, Sec. 101(b)(2), redesignated par. (3) as (4).
    Former par. (4) redesignated (5).
      Subsec. (e)(5). Pub. L. 110-81, Sec. 101(b)(2), redesignated par.
    (4) as (5). Former par. (5) redesignated (6).
      Subsec. (e)(5)(A). Pub. L. 110-81, Sec. 101(b)(6)(A), substituted
    "to whom paragraph (7)(A) applies" for "or an employee on the
    leadership staff of the Senate".
      Subsec. (e)(5)(B). Pub. L. 110-81, Sec. 101(b)(6)(B), substituted
    "any Member of the leadership of the House of Representatives and
    any employee on the leadership staff of the House of
    Representatives." for "the following:
        "(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."
      Subsec. (e)(6). Pub. L. 110-81, Sec. 101(b)(2), redesignated par.
    (5) as (6). Former par. (6) redesignated (7).
      Subsec. (e)(6)(A). Pub. L. 110-81, Sec. 101(b)(7), inserted "to
    whom paragraph (7)(B) applies" after "office of the Congress".
      Subsec. (e)(7). Pub. L. 110-81, Sec. 101(b)(2), redesignated par.
    (6) as (7). Former par. (7) redesignated (9).
      Subsec. (e)(7)(A). Pub. L. 110-81, Sec. 101(b)(8)(A), substituted
    "(4), and (5)" for "and (4)".
      Subsec. (e)(7)(B). Pub. L. 110-81, Sec. 101(b)(8)(B), substituted
    "paragraph (6)" for "paragraph (5)" and "level IV of the Executive
    Schedule" for "level 5 of the Senior Executive Service" and struck
    out "(or any comparable adjustment pursuant to interim authority of
    the President)" after "title 5".
      Subsec. (e)(8). Pub. L. 110-81, Sec. 101(b)(9), added par. (8).
      Subsec. (e)(9). Pub. L. 110-81, Sec. 101(b)(1), redesignated par.
    (7) as (9).
      Subsec. (e)(9)(G). Pub. L. 110-81, Sec. 101(b)(10), struck out
    "the Copyright Royalty Tribunal," after "Congressional Budget
    Office," and substituted "(4), or (5)" for "or (4)".
      Subsec. (j)(1). Pub. L. 110-81, Sec. 104(a), inserted subpar. (A)
    designation and heading, realigned margins, and added subpar. (B).
      2004 - Subsec. (e)(7)(G). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      2003 - Subsec. (c)(2)(A)(ii). Pub. L. 108-136 amended cl. (ii)
    generally. Prior to amendment, cl. (ii) read as follows: "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,".
      2002 - Subsec. (c)(2)(A)(v). Pub. L. 107-347, Sec. 209(d)(1),
    added cl. (v).
      Subsec. (l). Pub. L. 107-347, Sec. 209(d)(3), added subsec. (l).
      1998 - Subsec. (j)(2)(B). Pub. L. 105-244 substituted "section
    101" for "section 1201(a)".
      1996 - Subsec. (c)(2)(A)(ii). Pub. L. 104-179, Sec. 6,
    substituted "level 5 of the Senior Executive Service," for "level V
    of the Executive Schedule,".
      Subsec. (e)(6)(B). Pub. L. 104-208 substituted "level 5 of the
    Senior Executive Service" for "level V of the Executive Schedule".
      Subsec. (j). Pub. L. 104-179, Sec. 5, added par. (7).
      1995 - Subsec. (f)(2). Pub. L. 104-65 inserted "or Deputy United
    States Trade Representative" after "is the United States Trade
    Representative" and substituted "at any time" for "within 3 years".
      1994 - Subsec. (a)(3). Pub. L. 103-322, Sec. 330010(15),
    substituted "restrictions" for "Restrictions" in heading.
      Subsec. (c)(2)(A)(ii). Pub. L. 103-322, Sec. 330002(i),
    substituted a comma for semicolon at end.
      1992 - Subsec. (f)(2), (3). Pub. L. 102-395 added par. (2) and
    redesignated former par. (2) as (3).
      1991 - Subsec. (k). Pub. L. 102-25 reinstated subsec. (k) as
    originally enacted by Pub. L. 101-189. See 1989 Amendment note and
    Effective Date of 1991 Amendments note below.
      Subsec. (k)(1)(B). Pub. L. 102-190 designated existing provisions
    as cl. (i) and added cl. (ii).
      1990 - Subsec. (a)(1). Pub. L. 101-280, Sec. 2(a)(1), amended
    subsec. (a)(1), as amended by Pub. L. 101-194, by inserting
    "(including any special Government employee)" after "who is an
    officer or employee", striking out "Government" after "executive
    branch of the United States", "and any special Government employee"
    after "independent agency of the United States", "Government" after
    "employment with the United States", "as the case may be," before
    "knowingly makes" and before "on behalf of", inserting "or the
    District of Columbia" after "(except the United States", and in
    subpar. (A) inserting "or the District of Columbia" after "United
    States".
      Subsec. (a)(2). Pub. L. 101-280, Sec. 2(a), amended subsec.
    (a)(2), as amended by Pub. L. 101-194, by substituting "or the
    District of Columbia, knowingly" for "Government, knowingly" and
    "(except the United States or the District of Columbia)" for
    "(except the United States)", in subpar. (A) inserting "or the
    District of Columbia" after "United States)", and in subpar. (B)
    striking out "Government" after "United States".
      Subsec. (a)(3). Pub. L. 101-280, Sec. 2(a)(3), amended subsec.
    (a), as amended by Pub. L. 101-194, by adding par. (3).
      Subsec. (b)(1). Pub. L. 101-280, Sec. 2(a)(4), amended subsec.
    (b)(1), as amended by Pub. L. 101-194, by substituting "a former
    officer or employee of the executive branch of the United States
    (including any independent agency) and is" for "a former officer or
    employee", substituting "or any person who is a former officer or
    employee of the legislative branch or a former Member of Congress"
    for "and any person described in subsection (e)(7)", substituting
    "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"
    for "and which is so designated by the appropriate department or
    agency, shall not, on the basis of that information, which the
    person knew or should have known was so designated, knowingly
    represent", inserting "a period of" before "1 year", and striking
    out "Government" before "terminates".
      Subsec. (c). Pub. L. 101-280, Sec. 5(d), substituted "shall be
    subject to the penalties set forth in section 216 of this title"
    for "shall be fined not more than $10,000 or imprisoned for not
    more than two years, or both" in concluding provisions of subsec.
    (c) as in effect on May 4, 1990.
      Subsec. (c)(1). Pub. L. 101-280, Sec. 2(a)(5)(A), amended subsec.
    (c)(1), as amended by Pub. L. 101-194, by substituting "(including
    any special Government employee) of the executive branch of the
    United States" for "of the executive branch".
      Subsec. (c)(2)(A)(i). Pub. L. 101-280, Sec. 2(a)(5)(B)(i),
    amended subsec. (c)(2)(A)(i), as amended by Pub. L. 101-194, by
    inserting "specified in or" after "employed at a rate of pay" and
    striking out "or a comparable or greater rate of pay under other
    authority," after "chapter 53 of title 5,".
      Subsec. (c)(2)(A)(ii). Pub. L. 101-509, Sec. 529 [title I, Sec.
    101(b)(8)(A)(i)], added cl. (ii) and struck out former cl. (ii)
    which read as follows: "employed in a position which is not
    referred to in clause (i) and for which the rate of basic pay is
    equal to or greater than the rate of basic pay payable for GS-17 of
    the General Schedule,".
      Pub. L. 101-280, Sec. 2(a)(5)(B)(ii), amended subsec.
    (a)(2)(A)(ii), as amended by Pub. L. 101-194, by substituting "rate
    of basic" for "basic rate of" wherever appearing.
      Subsec. (c)(2)(C), (D). Pub. L. 101-280, Sec. 2(a)(5)(B)(iii),
    amended subsec. (c)(2)(C), (D), as amended by Pub. L. 101-194, by
    redesignating subpar. (D) as (C) and striking out former subpar.
    (C) which read as follows: "Subparagraph (A)(ii) includes persons
    employed in the Senior Executive Service at the basic rate of pay
    specified in that subparagraph."
      Subsec. (d)(1)(B). Pub. L. 101-280, Sec. 2(a)(6)(A), amended
    subsec. (d)(1)(B), as amended by Pub. L. 101-194, by substituting
    "in the executive branch of the United States (including any
    independent agency)" for "paid".
      Subsec. (d)(2). Pub. L. 101-280, Sec. 2(a)(6)(B), amended subsec.
    (d)(2), as amended by Pub. L. 101-194, by substituting "Persons who
    may not be contacted" for "Entities to which restrictions apply" in
    heading, and striking out "other" after "any" in subpar. (B).
      Subsec. (e)(6). Pub. L. 101-509, Sec. 529 [title I, Sec.
    101(b)(8)(A)(ii)], added par. (6) and struck out former par. (6)
    which read as follows: "The restrictions contained in paragraphs
    (2), (3), (4), and (5) apply only to acts by a former employee who,
    for at least 60 days, in the aggregate, during the 1-year period
    before that former employee's service as such employee terminated,
    was paid for such service at a rate of basic pay equal to or
    greater than the rate of basic pay payable for GS-17 of the General
    Schedule under section 5332 of title 5."
      Pub. L. 101-280, Sec. 2(a)(7)(A), amended subsec. (e)(6), as
    amended by Pub. L. 101-194, by substituting "rate of basic" for
    "basic rate of" wherever appearing.
      Subsec. (e)(7)(L), (M). Pub. L. 101-280, Sec. 2(a)(7)(B), amended
    subsec. (e)(7)(L), (M), as amended by Pub. L. 101-194, by inserting
    "on or" before "after the effective date".
      Subsec. (f)(1). Pub. L. 101-280, Sec. 2(a)(8)(A), amended subsec.
    (f)(1), as amended by Pub. L. 101-194, by substituting "such
    subsection" for "subsection (c), (d), or (e), as the case may be".
      Subsec. (f)(1)(A). Pub. L. 101-280, Sec. 2(a)(8)(B), amended
    subsec. (f)(1)(A), as amended by Pub. L. 101-194, by striking out
    "the interests of" after "represents" and "of the Government" after
    "department or agency".
      Subsec. (f)(1)(B). Pub. L. 101-280, Sec. 2(a)(8)(C), amended
    subsec. (f)(1)(B), as amended by Pub. L. 101-194, by striking out
    "of the Government" after "department or agency".
      Subsec. (i)(1). Pub. L. 101-280, Sec. 2(a)(9), amended subsec.
    (i)(1), as amended by Pub. L. 101-194, by adding par. (1) and
    striking out former par. (1) which read as follows: "the term
    'intent to influence' means the intent to affect any official
    action by a Government entity of the United States through any
    officer or employee of the United States, including Members of
    Congress;".
      Subsec. (j)(1). Pub. L. 101-280, Sec. 2(a)(10)(A), amended
    subsec. (j)(1), as amended by Pub. L. 101-194, by substituting
    "this section" for "subsections (a), (c), (d), and (e)", "on behalf
    of" for "as an officer or employee of", and "or the District of
    Columbia" for "Government".
      Subsec. (j)(3). Pub. L. 101-280, Sec. 2(a)(10)(B), amended
    subsec. (j)(3), as amended by Pub. L. 101-194, by substituting
    "this section" for "subsections (c), (d), and (e)" and "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" for "of which the United States is a member".
      Subsec. (j)(4). Pub. L. 101-280, Sec. 2(a)(10)(C), amended
    subsec. (j)(4), as amended by Pub. L. 101-194, by substituting
    "Special" for "Personal matters and special" in heading,
    substituting "prevent an individual" for "apply to appearances or
    communications by a former officer or employee concerning matters
    of a personal and individual nature, such as personal income taxes
    or pension benefits; nor shall the prohibitions of those
    subsections prevent a former officer or employee", substituting
    "individual's" for "former officer's or employee's", and striking
    out ", other than that regularly provided for by law or regulation
    for witnesses" after "if no compensation is thereby received".
      Subsec. (j)(5). Pub. L. 101-280, Sec. 2(a)(10)(D), amended
    subsec. (j)(5), as amended by Pub. L. 101-194, by substituting "and
    (d)" for "(d), and (e)" and inserting "For purposes of this
    paragraph, the term 'officer or employee' includes the Vice
    President."
      Subsec. (j)(6). Pub. L. 101-280, Sec. 2(a)(10)(E)(ii), amended
    subsec. (j)(6), as amended by Pub. L. 101-194, by substituting
    "sentence - " for "sentence, a former officer or employee subject
    to the restrictions contained in subsection (a)(1) with respect to
    a particular matter may not, except pursuant to court order, serve
    as an expert witness for any other person (except the United
    States) in that matter." and adding subpars. (A) and (B).
      Pub. L. 101-280, Sec. 2(a)(10)(E)(i), amended subsec. (j)(6), as
    amended by Pub. L. 101-194, by substituting "an individual" for "a
    former Member of Congress or officer or employee of the executive
    or legislative branch or an independent agency (including the Vice
    President and any special Government employee)".
      1989 - Pub. L. 101-194 amended section generally, substituting
    "Restrictions on former officers, employees, and elected officials
    of the executive and legislative branches" for "Disqualification of
    former officers and employees; disqualification of partners of
    current officers and employees" as section catchline and making
    extensive changes in content and structure of text. For text of
    section as it existed prior to the general amendment by Pub. L. 101-
    194, see Effective Date of 1989 Amendment; Effect on Employment
    note set out below.
      Subsec. (k). Pub. L. 101-189 added subsec. (k).
      1979 - Subsec. (b). Pub. L. 96-28, Sec. 1, substituted "by
    personal presence at any formal or informal appearance" for
    "concerning any formal or informal appearance" in cl. (ii) of
    provisions before par. (1), and, in par. (3), inserted "as to (i),"
    before "which was actually pending" and ", as to (ii)," before "in
    which he participated".
      Subsec. (d). Pub. L. 96-28, Sec. 2, designated existing
    provisions as par. (1), designated existing pars. (1) and (3) as
    subpars. (A) and (B) of par. (1) as so designated, and added
    subpar. (C) of par. (1) and par. (2), incorporating into the new
    par. and subpar. portions of former provisions relating to
    positions for which the basic rate of pay was equal to or greater
    than the basic rate of pay for GS-17 of the General Schedule
    prescribed by section 5332 of Title 5 and who had significant
    decision-making or supervisory responsibility, as designated by the
    Director of the Office of Government Ethics, in consultation with
    the head of the department or agency concerned, and provisions
    relating to the designation of positions by the Director of the
    Office of Government Ethics.
      1978 - Pub. L. 95-521 expanded section to include provisions
    designed to more effectively deal with the problem of the
    disproportionate influence former officers and employees might have
    upon the government processes and decision-making in their previous
    departments or agencies when they return in the role of
    representatives or advocates of nongovernmental groups or interests
    before those same departments or agencies.
                     EFFECTIVE DATE OF 2007 AMENDMENT
      Pub. L. 110-81, title I, Sec. 105(a), Sept. 14, 2007, 121 Stat.
    741, provided that: "The amendments made by section 101 [amending
    this section] shall apply to individuals who leave Federal office
    or employment to which such amendments apply on or after the date
    of adjournment of the first session of the 110th Congress sine die
    or December 31, 2007, whichever date is earlier."
                     EFFECTIVE DATE OF 2003 AMENDMENT
      Amendment by Pub. L. 108-136 effective on first day of first pay
    period beginning on or after Jan. 1, 2004, see section 1125(c)(1)
    of Pub. L. 108-136, set out as a note under section 5304 of Title
    5, Government Organization and Employees.
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Amendment by Pub. L. 107-347 effective 120 days after Dec. 17,
    2002, see section 402(a) of Pub. L. 107-347, set out as an
    Effective Date note under section 3601 of Title 44, Public Printing
    and Documents.
                     EFFECTIVE DATE OF 1998 AMENDMENT
      Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
    otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-
    244, set out as a note under section 1001 of Title 20, Education.
                     EFFECTIVE DATE OF 1995 AMENDMENT
      Section 21(c) of Pub. L. 104-65 provided that: "The amendments
    made by this section [amending this section and section 2171 of
    Title 19, Customs Duties] shall apply with respect to an individual
    appointed as United States Trade Representative or as a Deputy
    United States Trade Representative on or after the date of
    enactment of this Act [Dec. 19, 1995]."
                     EFFECTIVE DATE OF 1992 AMENDMENT
      Section 609(b) of Pub. L. 102-395 provided that: "This section
    [amending this section] shall not apply to the person serving as
    the United States Trade Representative at the date of enactment of
    this Act [Oct. 6, 1992]."
                     EFFECTIVE DATE OF 1991 AMENDMENTS
      Section 3138(b) of Pub. L. 102-190 provided that: "The amendments
    made by subsection (a) [amending this section] shall take effect on
    the date of the enactment of this Act [Dec. 5, 1991] and shall
    apply to persons granted waivers under section 207(k)(1) of title
    18, United States Code, on or after that date."
      Section 705(a) of Pub. L. 102-25 provided that subsec. (k), added
    by Pub. L. 101-189 and omitted in the general amendment of this
    section by Pub. L. 101-194, is reinstated as originally enacted,
    effective as of Jan. 1, 1991.
                     EFFECTIVE DATE OF 1990 AMENDMENTS
      Section 529 [title I, Sec. 101(b)(8)(B)] of Pub. L. 101-509
    provided that: "The amendments made by subparagraph (A) [amending
    this section] take effect on January 1, 1991."
      Amendment by Pub. L. 101-280 effective May 4, 1990, see section
    11 of Pub. L. 101-280, set out as a note under section 101 of Pub.
    L. 95-521 in the Appendix to Title 5, Government Organization and
    Employees.
          EFFECTIVE DATE OF 1989 AMENDMENT; EFFECT ON EMPLOYMENT
      Section 102 of Pub. L. 101-194, as amended by Pub. L. 101-280,
    Sec. 2(b), May 4, 1990, 104 Stat. 152, provided that:
      "(a) In General. - (1) Subject to paragraph (2) and to subsection
    (b), the amendments made by section 101 [amending this section]
    take effect on January 1, 1991.
      "(2) Subject to subsection (b), the amendments made by section
    101 take effect at noon on January 3, 1991, with respect to Members
    of Congress (within the meaning of section 207 of title 18, United
    States Code).
      "(b) Effect on Employment. - (1) The amendments made by section
    101 apply only to persons whose service as a Member of Congress,
    the Vice President, or an officer or employee to which such
    amendments apply terminates on or after the effective date of such
    amendments.
      "(2) With respect to service as an officer or employee which
    terminates before the effective date set forth in subsection (a),
    section 207 of title 18, United States Code, as in effect at the
    time of the termination of such service, shall continue to apply,
    on and after such effective date, with respect to such service."
      Prior to the effective date of the amendment by Pub. L. 101-194,
    section 207 read as follows:
      "Sec. 207. Disqualification of former officers and employees;
        disqualification of partners of current officers and employees
      "(a) Whoever, having been an officer or employee of the executive
    branch of the United States Government, of any independent agency
    of the United States, or of the District of Columbia, including a
    special Government employee, after his employment has ceased,
    knowingly acts as agent or attorney for, or otherwise represents,
    any other person (except the United States), in any formal or
    informal appearance before, or, with the intent to influence, makes
    any oral or written communication on behalf of any other person
    (except the United States) to -
        "(1) any department, agency, court, court-martial, or any
      civil, military, or naval commission of the United States or the
      District of Columbia, or any officer or employee thereof, and
        "(2) in connection with any judicial or other proceeding,
      application, request for a ruling or other determination,
      contract, claim, controversy, investigation, charge, accusation,
      arrest, or other particular matter involving a specific party or
      parties in which the United States or the District of Columbia is
      a party or has a direct and substantial interest, and
        "(3) in which he participated personally and substantially as
      an officer or employee through decision, approval, disapproval,
      recommendation, the rendering of advice, investigation or
      otherwise, while so employed; or
      "(b) Whoever, (i) having been so employed, within two years after
    his employment has ceased, knowingly acts as agent or attorney for,
    or otherwise represents, any other person (except the United
    States), in any formal or informal appearance before, or, with the
    intent to influence, makes any oral or written communication on
    behalf of any other person (except the United States) to, or (ii)
    having been so employed and as specified in subsection (d) of this
    section, within two years after his employment has ceased,
    knowingly represents or aids, counsels, advises, consults, or
    assists in representing any other person (except the United States)
    by personal presence at any formal or informal appearance before -
        "(1) any department, agency, court, court-martial, or any
      civil, military or naval commission of the United States or the
      District of Columbia, or any officer or employee thereof, and
        "(2) in connection with any judicial or other proceeding,
      application, request for a ruling or other determination,
      contract, claim, controversy, investigation, charge, accusation,
      arrest or other particular matter involving a specific party or
      parties in which the United States or the District of Columbia is
      a party or has a direct and substantial interest, and
        "(3) as to (i), which was actually pending under his official
      responsibility as an officer or employee within a period of one
      year prior to the termination of such responsibility, or, as to
      (ii), in which he participated personally and substantially as an
      officer or employee; or
      "(c) Whoever, other than a special Government employee who serves
    for less than sixty days in a given calendar year, having been so
    employed as specified in subsection (d) of this section, within one
    year after such employment has ceased, knowingly acts as agent or
    attorney for, or otherwise represents, anyone other than the United
    States in any formal or informal appearance before, or, with the
    intent to influence, makes any oral or written communication on
    behalf of anyone other than the United States, to -
        "(1) the department or agency in which he served as an officer
      or employee, or any officer or employee thereof, and
        "(2) in connection with any judicial, rulemaking, or other
      proceeding, application, request for a ruling or other
      determination, contract, claim, controversy, investigation,
      charge, accusation, arrest, or other particular matter, and
        "(3) which is pending before such department or agency or in
      which such department or agency has a direct and substantial
      interest -
    shall be subject to the penalties set forth in section 216 of this
    title.
      "(d)(1) Subsection (c) of this section shall apply to a person
    employed -
        "(A) at a rate of pay specified in or fixed according to
      subchapter II of chapter 53 of title 5, United States Code, or a
      comparable or greater rate of pay under other authority;
        "(B) on active duty as a commissioned officer of a uniformed
      service assigned to pay grade of O-9 or above as described in
      section 201 of title 37, United States Code; or
        "(C) in a position which involves significant decision-making
      or supervisory responsibility, as designated under this
      subparagraph by the Director of the Office of Government Ethics,
      in consultation with the department or agency concerned. Only
      positions which are not covered by subparagraphs (A) and (B)
      above, and for which the basic rate of pay is equal to or greater
      than the basic rate of pay for GS-17 of the General Schedule
      prescribed by section 5332 of title 5, United States Code, or
      positions which are established within the Senior Executive
      Service pursuant to the Civil Service Reform Act of 1978, or
      positions of active duty commissioned officers of the uniformed
      services assigned to pay O-7 or O-8, as described in section 201
      of title 37, United States Code, may be designated. As to persons
      in positions designated under this subparagraph, the Director may
      limit the restrictions of subsection (c) to permit a former
      officer or employee, who served in a separate agency or bureau
      within a department or agency, to make appearances before or
      communications to persons in an unrelated agency or bureau,
      within the same department or agency, having separate and
      distinct subject matter jurisdiction, upon a determination by the
      Director that there exists no potential for use of undue
      influence or unfair advantage based on past government service.
      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 responsibilities under this
      paragraph.
      "(2) The prohibition of subsection (c) shall not apply to
    appearances, communications, or representation by a former officer
    or employee, who is -
        "(A) an elected official of a State or local government, or
        "(B) whose principal occupation or employment is with (i) an
      agency or instrumentality of a State or local government, (ii) an
      accredited, degree-granting institution of higher education, as
      defined in section 1201(a) of the Higher Education Act of 1965,
      or (iii) a hospital or medical research organization, exempted
      and defined under section 501(c)(3) of the Internal Revenue Code
      of 1986, and the appearance, communication, or representation is
      on behalf of such government, institution, hospital, or
      organization.
      "(e) For the purposes of subsection (c), whenever the Director of
    the Office of Government Ethics determines that a separate
    statutory agency or bureau within a department or agency exercises
    functions which are distinct and separate from the remaining
    functions of the department or agency, the Director shall by rule
    designate such agency or bureau as a separate department or agency;
    except that such designation shall not apply to former heads of
    designated bureaus or agencies, or former officers and employees of
    the department or agency whose official responsibilities included
    supervision of said agency or bureau.
      "(f) The prohibitions of subsections (a), (b), and (c) shall not
    apply with respect to the making of communications solely for the
    purpose of furnishing scientific or technological information under
    procedures acceptable to the department 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.
      "(g) Whoever, being a partner of an officer or employee of the
    executive branch of the United States Government, of any
    independent agency of the United States, or of the District of
    Columbia, including a special Government employee, acts as agent or
    attorney for anyone other than the United States before any
    department, agency, court, court-martial, or any civil, military,
    or naval commission of the United States or the District of
    Columbia, or any officer or employee thereof, in connection with
    any judicial or other proceeding, application, request for a ruling
    or other determination, contract, claim, controversy,
    investigation, charge, accusation, arrest, or other particular
    matter in which the United States or the District of Columbia is a
    party or has a direct and substantial interest and in which such
    officer or employee or special Government employee participates or
    has participated personally and substantially as an officer or
    employee through decision, approval, disapproval, recommendation,
    the rendering of advice, investigation, or otherwise, or which is
    the subject of his official responsibility, shall be fined not more
    than $5,000, or imprisoned for not more than one year, or both.
      "(h) Nothing in this section shall prevent a former officer or
    employee from giving testimony under oath, or from making
    statements required to be made under penalty of perjury.
      "(i) The prohibition contained in subsection (c) shall not apply
    to appearances or communications by a former officer or employee
    concerning matters of a personal and individual nature, such as
    personal income taxes or pension benefits; nor shall the
    prohibition of that subsection prevent a former officer or employee
    from making or providing a statement, which is based on the former
    officer's or employee's own special knowledge in the particular
    area that is the subject of the statement, provided that no
    compensation is thereby received, other than that regularly
    provided for by law or regulation for witnesses.
      "(j) If the head of the department or agency in which the former
    officer or employee served finds, after notice and opportunity for
    a hearing, that such former officer or employee violated subsection
    (a), (b), or (c) of this section, such department or agency head
    may prohibit that person from making, on behalf of any other person
    (except the United States), any informal or formal appearance
    before, or, with the intent to influence, any oral or written
    communication to, such department or agency on a pending matter of
    business for a period not to exceed five years, or may take other
    appropriate disciplinary action. Such disciplinary action shall be
    subject to review in an appropriate United States district court.
    No later than six months after the effective date of this Act,
    departments and agencies shall, in consultation with the Director
    of the Office of Government Ethics, establish procedures to carry
    out this subsection.
      "(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) 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.
      "(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."
                     EFFECTIVE DATE OF 1978 AMENDMENT
      Section 503 of Pub. L. 95-521, which provided that the amendments
    made by section 501 (amending this section) shall become effective
    on July 1, 1979, was amended generally by Pub. L. 101-194, title
    VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761, and is now set out
    in the Appendix to Title 5, Government Organization and Employees.
      Section 502 of Pub. L. 95-521, which provided that the amendments
    made by section 501 (amending this section) shall not apply to
    those individuals who left Government service prior to the
    effective date of such amendments (July 1, 1979) or, in the case of
    individuals who occupied positions designated pursuant to section
    207(d) of title 18, United States Code, prior to the effective date
    of such designation; except that any such individual who returns to
    Government service on or after the effective date of such
    amendments or designation shall be thereafter covered by such
    amendments or designation, was amended generally by Pub. L. 101-
    194, title VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761, and is
    now set out in the Appendix to Title 5.
                              EFFECTIVE DATE
      Section effective 90 days after Oct. 23, 1962, see section 4 of
    Pub. L. 87-849, set out as a note under section 201 of this title.
                                REGULATIONS
      Responsibility of Office of Government Ethics for promulgating
    regulations and interpreting this section, see section 201(c) of
    Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set
    out as a note under section 7301 of Title 5, Government
    Organization and Employees.
                      CONSTRUCTION OF 2007 AMENDMENT
      Pub. L. 110-81, title I, Sec. 104(c), Sept. 14, 2007, 121 Stat.
    740, provided that: "Except as expressly identified in this section
    [amending this section and section 450i of Title 25, Indians] and
    in the amendments made by this section, nothing in this section or
    the amendments made by this section affects any other provision of
    law."

TRANSFER OF FUNCTIONS

      Certain functions of Clerk of House of Representatives
    transferred to Director of Non-legislative and Financial Services
    by section 7 of House Resolution No. 423, One Hundred Second
    Congress, Apr. 9, 1992. Director of Non-legislative and Financial
    Services replaced by Chief Administrative Officer of House of
    Representatives by House Resolution No. 6, One Hundred Fourth
    Congress, Jan. 4, 1995.

AGENCIES WITHIN EXECUTIVE OFFICE OF PRESIDENT

      For provisions relating to treatment of agencies within the
    Executive Office of the President as one agency under subsec. (c)
    of this section, see Ex. Ord. No. 12674, Sec. 202, Apr. 12, 1989,
    54 F.R. 15160, as amended, set out as a note under section 7301 of
    Title 5, Government Organization and Employees.
                                EXEMPTIONS
      Exemptions from former section 284 of this title deemed to be
    exemptions from this section, see section 2 of Pub. L. 87-849, set
    out as a note under section 203 of this title.

FOOTNOTE

    (!1) So in original. Probably should be "subsection".
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