Conflict of Interest Statues

 

SELECTED CONFLICT OF INTEREST STATUTES
 
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, a part-time United States commissioner, a part-time United States magistrate judge, 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 as a special Government employee. Notwithstanding section 29(c) and (d)(1) of the Act of August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r(c)and (d)), 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.
(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.

(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 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, office, or commission established in the legislative
          branch.
 
 
 
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, 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


        (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 subsections
    (a) and (b) only in relation to a particular matter involving a
    specific party or parties -
 
        (1) in which such employee has at any time participated
      personally and substantially as a 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.
 
      (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.
 
 
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;
    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 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.
 
 
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 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 (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.
 
Sec. 208. Acts affecting a personal financial interest
a) Except as permitted by subsection (b) hereof, whoever, being an officer or employee of the executive branch of the United States Government, or of any independent agency of the United States, a Federal Reserve bank director, officer, or employee, or an officer or employee of the District of Columbia, including a special Government employee, participates personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice,   investigation, or otherwise, in a judicial or other proceeding,    application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which, to his knowledge, he, his spouse, minor child, general partner, organization in which he is serving as officer, director, trustee, general partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest -       Shall be subject to the penalties set forth in section 216 of this title.
      (b) Subsection (a) shall not apply -
        (1) if the officer or employee first advises the Government      official responsible for appointment to his or her position of the nature and circumstances of the judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by such official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the Government may expect from such officer or employee;
        (2) if, by regulation issued by the Director of the Office of      Government Ethics, applicable to all or a portion of all officers and employees covered by this section, and published in the Federal Register, the financial interest has been exempted from the requirements of subsection (a) as being too remote or too inconsequential to affect the integrity of the services of the Government officers or employees to which such regulation      applies;
        (3) in the case of a special Government employee serving on an      advisory committee within the meaning of the Federal Advisory Committee Act (including an individual being considered for an appointment to such a position), the official responsible for the employee's appointment, after review of the financial disclosure report filed by the individual pursuant to the Ethics in Government Act of 1978, certifies in writing that the need for      the individual's services outweighs the potential for a conflict of interest created by the financial interest involved; or
        (4) if the financial interest that would be affected by the      particular matter involved is that resulting solely from the interest of the officer or employee, or his or her spouse or minor child, in birthrights -
          (A) in an Indian tribe, band, nation, or other organized        group or community, including any Alaska Native village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians,
          (B) in an Indian allotment the title to which is held in        trust by the United States or which is inalienable by the allottee without the consent of the United States, or
          (C) in an Indian claims fund held in trust or administered by        the United States, if the particular matter does not involve the Indian allotment or claims fund or the Indian tribe, band, nation, organized group or community, or Alaska Native village corporation as a specific party or parties.
      (c)(1) For the purpose of paragraph (1) of subsection (b), in the    case of class A and B directors of Federal Reserve banks, the Board of Governors of the Federal Reserve System shall be deemed to be the Government official responsible for appointment.
      (2) The potential availability of an exemption under any particular paragraph of subsection (b) does not preclude an exemption being granted pursuant to another paragraph of subsection (b).
      (d)(1) Upon request, a copy of any determination granting an    exemption under subsection (b)(1) or (b)(3) shall be made available to the public by the agency granting the exemption pursuant to the procedures set forth in section 105 of the Ethics in Government Act of 1978. In making such determination available, the agency may withhold from disclosure any information contained in the determination that would be exempt from disclosure under section 552 of title 5. For purposes of determinations under subsection (b)(3), the information describing each financial interest shall be no more extensive than that required of the individual in his or her financial disclosure report under the Ethics in Government Act of 1978.
      (2) The Office of Government Ethics, after consultation with the    Attorney General, shall issue uniform regulations for the issuance of waivers and exemptions under subsection (b) which shall -
        (A) list and describe exemptions; and
        (B) provide guidance with respect to the types of interests that are not so substantial as to be deemed likely to affect the integrity of the services the Government may expect from the employee.
 
Sec. 209. Salary of Government officials and employees payable only by
          United States         
 
a) Whoever receives any salary, or any contribution to or supplementation of salary, as compensation for his services as 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, from any source other than the Government of the United States, except as may be contributed out of the treasury of any State, county, or municipality; or Whoever, whether an individual, partnership, association, corporation, or other organization pays, makes any contribution to, or in any way supplements, the salary of any such officer or employee under circumstances which would make its receipt a    violation of this subsection -
      Shall be subject to the penalties set forth in section 216 of this title.
b) Nothing herein prevents an officer or employee of the executive branch of the United States Government, or of any independent agency of the United States, or of the District of Columbia, from continuing to participate in a bona fide pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan    maintained by a former employer.
c) This section does not apply to a special Government employee or to an officer or employee of the Government serving without compensation, whether or not he is a special Government employee, or to any person paying, contributing to, or supplementing his salary as such.
d) This section does not prohibit payment or acceptance of contributions, awards, or other expenses under the terms of chapter 41 of title 5.
(e) This section does not prohibit the payment of actual relocation expenses incident to participation, or the acceptance of same by a participant in an executive exchange or fellowship program in an executive agency: Provided, That such program has been established by statute or Executive order of the President, offers appointments not to exceed three hundred and sixty-five    days, and permits no extensions in excess of ninety additional days or, in the case of participants in overseas assignments, in excess of three hundred and sixty-five days.
f) This section does not prohibit acceptance or receipt, by any officer or employee injured during the commission of an offense described in section 351 or 1751 of this title, of contributions or payments from an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and which is exempt from taxation under section 501(a) of such Code.
g)(1) This section does not prohibit an employee of a private    sector organization, while assigned to an agency under chapter 37 of title 5, from continuing to receive pay and benefits from such organization in accordance with such chapter.
      (2) For purposes of this subsection, the term "agency" means an    agency (as defined by section 3701 of title 5) and the Office of the Chief Technology Officer of the District of Columbia.
      (h) This section does not prohibit a member of the reserve    components of the armed forces on active duty pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13) of title 10 from receiving from any person that employed such member before the call or order to active duty any payment of any part of the salary or wages that such person would have paid the member if the member's employment had not been interrupted by such call or order to active duty.