---
kind: "range"
citation: "18 U.S.C. §§ 202–209"
title: "18"
from: "202"
to: "209"
count: 8
release: "119-102"
url: "https://uscodex.org/usc/18/202..209"
---

# §202. Definitions

- (a) For the purpose of sections [203](/usc/18/203.md), [205](/usc/18/205.md), [207](/usc/18/207.md), [208](/usc/18/208.md), and [209](/usc/18/209.md) of this title the term “special Government employee” shall mean an officer or employee of the executive or [legislative branch](#e-3) of the [United States](/usc/18/5.md) Government, of any independent [agency](/usc/18/6.md) of the [United States](/usc/18/5.md) 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](/usc/18/5.md) commissioner, a part-time [United States](/usc/18/5.md) magistrate judge, or, regardless of the number of days of appointment, an independent counsel appointed under [chapter 40](/usc/28/chptII-ch40.md) of title 28 and any person appointed by that independent counsel under [section 594(c) of title 28](/usc/28/594.md?p=c). Notwithstanding the next preceding sentence, every person serving as a part-time local representative of a [Member of Congress](#d) in the Member’s home district or [State](/usc/18/402.md) shall be classified as a special Government employee. Notwithstanding sections [502](/usc/5/502.md), [2105(d)](/usc/5/2105.md?p=d), and [5534](/usc/5/5534.md) of title 5, a Reserve [officer](#c) of the Armed Forces, an [officer](#c) of the Space Force not serving on sustained duty pursuant to [section 20105 of title 10](/usc/10/20105.md), or an [officer](#c) of the National Guard of the [United States](/usc/18/5.md), unless otherwise an officer or employee of the [United States](/usc/18/5.md), shall be classified as a special Government employee while on active duty solely for training. Such an [officer](#c) who is voluntarily serving a period of extended active duty in excess of one hundred and thirty days shall be classified as an [officer](#c) of the [United States](/usc/18/5.md) within the meaning of [section 203](/usc/18/203.md) and sections [205 through 209](/usc/18/205..209.md) and [218](/usc/18/218.md). Such an [officer](#c) 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](/usc/18/203.md), [205](/usc/18/205.md), [207 through 209](/usc/18/207..209.md), and [218](/usc/18/218.md), shall not include enlisted members of the Armed Forces.
- (b) For the purposes of sections [205](/usc/18/205.md) and [207](/usc/18/207.md) 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](/usc/18/203.md), [205](/usc/18/205.md), [207 through 209](/usc/18/207..209.md), and [218](/usc/18/218.md) of this title shall not include the President, the Vice President, a [Member of Congress](#d), or a Federal judge.
- (d) The term “Member of Congress” in sections [204](/usc/18/204.md) and [207](/usc/18/207.md) means—
  - (1) a [United States](/usc/18/5.md) 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](/usc/18/6.md) as defined in [title 5](/usc/5.md), and any other entity or administrative unit in the executive branch;
  - (2) “judicial branch” means the Supreme [Court of the United States](/usc/18/23.md); the [United States](/usc/18/5.md) courts of appeals; the [United States](/usc/18/5.md) district courts; the Court of International Trade; the [United States](/usc/18/5.md) bankruptcy courts; any court created pursuant to article I of the [United States](/usc/18/5.md) Constitution, including the Court of Appeals for the Armed Forces, the [United States](/usc/18/5.md) Court of Federal Claims, and the [United States](/usc/18/5.md) Tax Court, but not including a court of a territory or possession of the [United States](/usc/18/5.md); the Federal Judicial Center; and any other [agency](/usc/18/6.md), 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](/usc/18/5.md) Botanic Garden, the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, the [United States](/usc/18/5.md) Capitol Police, and any other [agency](/usc/18/6.md), entity, office, or commission established in the [legislative branch](#e-3).

# §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](/usc/18/202.md?p=d), [Member of Congress](/usc/18/202.md?p=d) Elect, Delegate, Delegate Elect, Resident Commissioner, or Resident Commissioner Elect; or
    - (B) at a time when such person is an [officer or employee](/usc/18/202.md?p=a) or Federal judge of the [United States](/usc/18/5.md) in the executive, legislative, or [judicial branch](/usc/18/202.md?p=e-2) of the Government, or in any [agency](/usc/18/6.md) of the [United States](/usc/18/5.md),

    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](/usc/18/5.md) is a party or has a direct and substantial interest, before any [department](/usc/18/6.md), [agency](/usc/18/6.md), court, court-martial, [officer](/usc/18/202.md?p=c), 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](/usc/18/202.md?p=c), or [employee](/usc/18/202.md?p=c);

    shall be subject to the penalties set forth in [section 216 of this title](/usc/18/216.md).

- (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](/usc/18/202.md?p=a) 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](/usc/18/6.md), [agency](/usc/18/6.md), court, [officer](/usc/18/202.md?p=c), 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](/usc/18/202.md?p=a) of the District of Columbia;

  shall be subject to the penalties set forth in [section 216 of this title](/usc/18/216.md).

- (c) A [special Government employee](/usc/18/202.md?p=a) shall be subject to subsections [(a)](#a) and [(b)](#b) only in relation to a particular matter involving a specific party or parties—
  - (1) in which such [employee](/usc/18/202.md?p=c) has at any time participated personally and substantially as a Government [employee](/usc/18/202.md?p=c) or as a [special Government employee](/usc/18/202.md?p=a) through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise; or
  - (2) which is pending in the [department](/usc/18/6.md) or [agency](/usc/18/6.md) of the Government in which such [employee](/usc/18/202.md?p=c) is serving except that paragraph (2) of this subsection shall not apply in the case of a [special Government employee](/usc/18/202.md?p=a) who has served in such [department](/usc/18/6.md) or [agency](/usc/18/6.md) 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](/usc/18/202.md?p=a), including a [special Government employee](/usc/18/202.md?p=a), 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](/usc/18/202.md?p=c) or as a [special Government employee](/usc/18/202.md?p=a) 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](/usc/18/202.md?p=b),

  subject to approval by the Government official responsible for appointment to his position.

- (e) Nothing in this section prevents a [special Government employee](/usc/18/202.md?p=a) 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](/usc/18/5.md) if the head of the [department](/usc/18/6.md) or [agency](/usc/18/6.md) 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.

# §204. Practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress


Whoever, being a [Member of Congress](/usc/18/202.md?p=d) or [Member of Congress](/usc/18/202.md?p=d) Elect, practices in the [United States](/usc/18/5.md) Court of Federal Claims or the [United States](/usc/18/5.md) Court of Appeals for the Federal Circuit shall be subject to the penalties set forth in [section 216 of this title](/usc/18/216.md).


# §205. Activities of officers and employees in claims against and other matters affecting the Government

- (a) Whoever, being an [officer or employee](/usc/18/202.md?p=a) of the [United States](/usc/18/5.md) in the executive, legislative, or [judicial branch](/usc/18/202.md?p=e-2) of the Government or in any [agency](/usc/18/6.md) of the [United States](/usc/18/5.md), other than in the proper discharge of his official duties—
  - (1) acts as agent or attorney for prosecuting any claim against the [United States](/usc/18/5.md), 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](/usc/18/6.md), [agency](/usc/18/6.md), court, court-martial, [officer](/usc/18/202.md?p=c), or civil, military, or naval commission in connection with any [covered matter](#h) in which the [United States](/usc/18/5.md) is a party or has a direct and substantial interest;

  shall be subject to the penalties set forth in [section 216 of this title](/usc/18/216.md).

- (b) Whoever, being an [officer or employee](/usc/18/202.md?p=a) of the District of Columbia or an [officer or employee](/usc/18/202.md?p=a) of the Office of the [United States](/usc/18/5.md) 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](/usc/18/6.md), [agency](/usc/18/6.md), court, [officer](/usc/18/202.md?p=c), or commission in connection with any [covered matter](#h) 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](/usc/18/216.md).

- (c) A [special Government employee](/usc/18/202.md?p=a) shall be subject to subsections [(a)](#a) and [(b)](#b) only in relation to a [covered matter](#h) involving a specific party or parties—
  - (1) in which he has at any time participated personally and substantially as a Government [employee](/usc/18/202.md?p=c) or [special Government employee](/usc/18/202.md?p=a) through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or
  - (2) which is pending in the [department](/usc/18/6.md) or [agency](/usc/18/6.md) of the Government in which he is serving.

  [Paragraph (2)](#c-2) shall not apply in the case of a [special Government employee](/usc/18/202.md?p=a) who has served in such [department](/usc/18/6.md) or [agency](/usc/18/6.md) no more than sixty days during the immediately preceding period of three hundred and sixty-five consecutive days.

- (d)
  - (1) Nothing in subsection [(a)](#a) or [(b)](#b) prevents an [officer or employee](/usc/18/202.md?p=a), if not inconsistent with the faithful performance of that [officer](/usc/18/202.md?p=c)’s or [employee](/usc/18/202.md?p=c)’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)](#d-2), any cooperative, voluntary, professional, recreational, or similar [organization](/usc/18/18.md) or group not established or operated for profit, if a majority of the [organization](/usc/18/18.md)’s or group’s members are current [officers](/usc/18/202.md?p=c) or [employees](/usc/18/202.md?p=c) of the [United States](/usc/18/5.md) or of the District of Columbia, or their spouses or dependent children.
  - (2) [Paragraph (1)(B)](#d-1-B) does not apply with respect to a [covered matter](#h) that—
    - (A) is a claim under subsection [(a)(1)](#a-1) or [(b)(1)](#b-1);
    - (B) is a judicial or administrative proceeding where the [organization](/usc/18/18.md) 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](/usc/18/18.md) or group.
- (e) Nothing in subsection [(a)](#a) or [(b)](#b) prevents an [officer or employee](/usc/18/202.md?p=a), including a [special Government employee](/usc/18/202.md?p=a), 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](/usc/18/202.md?p=c) or [special Government employee](/usc/18/202.md?p=a) 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](/usc/18/202.md?p=b),

  subject to approval by the Government official responsible for appointment to his position.

- (f) Nothing in subsection [(a)](#a) or [(b)](#b) prevents a [special Government employee](/usc/18/202.md?p=a) 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](/usc/18/5.md) if the head of the [department](/usc/18/6.md) or [agency](/usc/18/6.md) 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](/usc/18/202.md?p=a) 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](/usc/18/202.md?p=c) from acting pursuant to—
  - (1) [chapter 71](/usc/5/chptIII-sptF-ch71.md) of title 5;
  - (2) [section 1004](/usc/18/1004.md) or [chapter 12](/usc/39/chptII-ch12.md) of title 39;
  - (3) section 3 of the Tennessee Valley Authority Act of 1933 ([16 U.S.C. 831b](/usc/16/831b.md));
  - (4) [chapter 10](/usc/18/chptI-ch10.md) of title I of the Foreign Service Act of 1980 ([22 U.S.C. 4104](/usc/22/4104.md) et seq.); or
  - (5) any provision of any other Federal or District of Columbia law that authorizes labor-management relations between an [agency](/usc/18/6.md) or instrumentality of the [United States](/usc/18/5.md) or the District of Columbia and any labor [organization](/usc/18/18.md) that represents its [employees](/usc/18/202.md?p=c).

# §206. Exemption of retired officers of the uniformed services


Sections [203](/usc/18/203.md) and [205](/usc/18/205.md) of this title shall not apply to a retired [officer](/usc/18/202.md?p=c) of the uniformed services of the [United States](/usc/18/5.md) while not on active duty and not otherwise an [officer or employee](/usc/18/202.md?p=a) of the [United States](/usc/18/5.md), or to any person specially excepted by Act of Congress.


# §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](#j-5) (including any [special Government employee](/usc/18/202.md?p=a)) of the [executive branch](/usc/18/202.md?p=e-1) of the [United States](/usc/18/5.md) (including any independent [agency](/usc/18/6.md) of the [United States](/usc/18/5.md)), or of the District of Columbia, and who, after the termination of his or her service or employment with the [United States](/usc/18/5.md) or the District of Columbia, knowingly makes, with the intent to influence, any communication to or appearance before any [officer or employee](#j-5) of any [department](/usc/18/6.md), [agency](/usc/18/6.md), court, or court-martial of the [United States](/usc/18/5.md) or the District of Columbia, on behalf of any other person (except the [United States](/usc/18/5.md) or the District of Columbia) in connection with a [particular matter](#i-3)—
    - (A) in which the [United States](/usc/18/5.md) or the District of Columbia is a party or has a direct and substantial interest,
    - (B) in which the person [participated](#i-2) personally and substantially as such [officer or employee](#j-5), 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](/usc/18/216.md).

  - (2) **Two-year restrictions concerning particular matters under official responsibility.—** Any person subject to the restrictions contained in [paragraph (1)](#a-1) who, within 2 years after the termination of his or her service or employment with the [United States](/usc/18/5.md) or the District of Columbia, knowingly makes, with the intent to influence, any communication to or appearance before any [officer or employee](#j-5) of any [department](/usc/18/6.md), [agency](/usc/18/6.md), court, or court-martial of the [United States](/usc/18/5.md) or the District of Columbia, on behalf of any other person (except the [United States](/usc/18/5.md) or the District of Columbia), in connection with a [particular matter](#i-3)—
    - (A) in which the [United States](/usc/18/5.md) 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](/usc/18/202.md?p=b) as such [officer or employee](#j-5) within a period of 1 year before the termination of his or her service or employment with the [United States](/usc/18/5.md) 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](/usc/18/216.md).

  - (3) **Clarification of restrictions.—** The restrictions contained in paragraphs [(1)](#a-1) and [(2)](#a-2) shall apply—
    - (A) in the case of an [officer or employee](#j-5) of the [executive branch](/usc/18/202.md?p=e-1) of the [United States](/usc/18/5.md) (including any independent [agency](/usc/18/6.md)), only with respect to communications to or appearances before any [officer or employee](#j-5) of any [department](/usc/18/6.md), [agency](/usc/18/6.md), court, or court-martial of the [United States](/usc/18/5.md) on behalf of any other person (except the [United States](/usc/18/5.md)), and only with respect to a matter in which the [United States](/usc/18/5.md) is a party or has a direct and substantial interest; and
    - (B) in the case of an [officer or employee](#j-5) of the District of Columbia, only with respect to communications to or appearances before any [officer or employee](#j-5) of any [department](/usc/18/6.md), [agency](/usc/18/6.md), 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](#i-1) of the [executive branch](/usc/18/202.md?p=e-1) of the [United States](/usc/18/5.md) (including any independent [agency](/usc/18/6.md)) and is subject to the restrictions contained in [subsection (a)(1)](#a-1), or any person who is a former [officer or employee](#i-1) of the [legislative branch](/usc/18/202.md?p=e-3) or a former [Member of Congress](/usc/18/202.md?p=d), who personally and substantially [participated](#i-2) in any ongoing trade or treaty negotiation on behalf of the [United States](/usc/18/5.md) within the 1-year period preceding the date on which his or her service or employment with the [United States](/usc/18/5.md) terminated, and who had access to information concerning such trade or treaty negotiation which is exempt from disclosure under [section 552 of title 5](/usc/5/552.md), which is so designated by the appropriate [department](/usc/18/6.md) or [agency](/usc/18/6.md), 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](/usc/18/5.md)) concerning such ongoing trade or treaty negotiation for a period of 1 year after his or her service or employment with the [United States](/usc/18/5.md) terminates. Any person who violates this subsection shall be punished as provided in [section 216 of this title](/usc/18/216.md).
  - (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)](#a) and [(b)](#b), any person who is an [officer or employee](#j-5) (including any [special Government employee](/usc/18/202.md?p=a)) of the [executive branch](/usc/18/202.md?p=e-1) of the [United States](/usc/18/5.md) (including an independent [agency](/usc/18/6.md)), who is referred to in [paragraph (2)](#c-2), and who, within 1 year after the termination of his or her service or employment as such [officer or employee](#j-5), knowingly makes, with the intent to influence, any communication to or appearance before any [officer or employee](#j-5) of the [department](/usc/18/6.md) or [agency](/usc/18/6.md) in which such person served within 1 year before such termination, on behalf of any other person (except the [United States](/usc/18/5.md)), in connection with any matter on which such person seeks official action by any [officer or employee](#j-5) of such [department](/usc/18/6.md) or [agency](/usc/18/6.md), shall be punished as provided in [section 216 of this title](/usc/18/216.md).
  - (2) **Persons to whom restrictions apply.—**
    - (A) [Paragraph (1)](#c-1) shall apply to a person (other than a person subject to the restrictions of [subsection (d)](#d))—
      - (i) employed at a rate of pay specified in or fixed according to subchapter II of [chapter 53](/usc/5/chptIII-sptD-ch53.md) of title 5,
      - (ii) employed in a position which is not referred to in [clause (i)](#c-2-A-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)](#c-2-A-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](/usc/5/5304a.md), 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](/usc/3/105.md?p=a-2-B) or by the Vice President to a position under [section 106(a)(1)(B) of title 3](/usc/3/106.md?p=a-1-B),
      - (iv) employed in a position which is held by an active duty commissioned [officer](/usc/18/202.md?p=c) 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](/usc/37/201.md)) is pay grade O–7 or above; or
      - (v) assigned from a private sector [organization](/usc/18/18.md) to an [agency](/usc/18/6.md) under [chapter 37](/usc/5/chptIII-sptB-ch37.md) of title 5.
    - (B) [Paragraph (1)](#c-1) shall not apply to a [special Government employee](/usc/18/202.md?p=a) who serves less than 60 days in the 1-year period before his or her service or employment as such [employee](/usc/18/202.md?p=c) terminates.
    - (C) At the request of a [department](/usc/18/6.md) or [agency](/usc/18/6.md), the Director of the Office of Government Ethics may waive the restrictions contained in [paragraph (1)](#c-1) with respect to any position, or category of positions, referred to in clause [(ii)](#c-2-A-ii) or [(iv)](#c-2-A-iv) of subparagraph (A), in such [department](/usc/18/6.md) or [agency](/usc/18/6.md) 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](/usc/18/6.md) or [agency](/usc/18/6.md) 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)](#a) and [(b)](#b), any person who—
    - (A) serves in the position of Vice President of the [United States](/usc/18/5.md),
    - (B) is employed in a position in the [executive branch](/usc/18/202.md?p=e-1) of the [United States](/usc/18/5.md) (including any independent [agency](/usc/18/6.md)) 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](/usc/3/105.md?p=a-2-A) or by the Vice President to a position under [section 106(a)(1)(A) of title 3](/usc/3/106.md?p=a-1-A),

    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)](#d-2), on behalf of any other person (except the [United States](/usc/18/5.md)), in connection with any matter on which such person seeks official action by any [officer or employee](#i-1) of the [executive branch](/usc/18/202.md?p=e-1) of the [United States](/usc/18/5.md), shall be punished as provided in [section 216 of this title](/usc/18/216.md).

  - (2) **Persons who may not be contacted.—** The persons referred to in [paragraph (1)](#d-1) with respect to appearances or communications by a person in a position described in subparagraph [(A)](#d-1-A), [(B)](#d-1-B), or [(C)](#d-1-C) of paragraph (1) are—
    - (A) any [officer or employee](#i-1) of any [department](/usc/18/6.md) or [agency](/usc/18/6.md) 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](/usc/18/5.md) Government terminated, and
    - (B) any person appointed to a position in the [executive branch](/usc/18/202.md?p=e-1) which is listed in section [5312](/usc/5/5312.md), [5313](/usc/5/5313.md), [5314](/usc/5/5314.md), [5315](/usc/5/5315.md), or [5316](/usc/5/5316.md) 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](/usc/18/202.md?p=c), or [employee](/usc/18/202.md?p=c) of either House of Congress or any [employee of any other legislative office of the Congress](#e-9-G), on behalf of any other person (except the [United States](/usc/18/5.md)) in connection with any matter on which such former Senator seeks action by a Member, [officer](/usc/18/202.md?p=c), or [employee](/usc/18/202.md?p=c) of either House of Congress, in his or her official capacity, shall be punished as provided in [section 216 of this title](/usc/18/216.md).
    - (B) **Members and officers of the house of representatives.—**
      - (i) Any person who is a [Member of the House of Representatives](#e-9-K) or an elected [officer](/usc/18/202.md?p=c) 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)](#e-1-B-ii) or [(iii)](#e-1-B-iii), on behalf of any other person (except the [United States](/usc/18/5.md)) in connection with any matter on which such former [Member of Congress](#e-9-J) or elected [officer](/usc/18/202.md?p=c) seeks action by a Member, [officer](/usc/18/202.md?p=c), or [employee](/usc/18/202.md?p=c) of either House of Congress, in his or her official capacity, shall be punished as provided in [section 216 of this title](/usc/18/216.md).
      - (ii) The persons referred to in [clause (i)](#e-1-B-i) with respect to appearances or communications by a former [Member of the House of Representatives](#e-9-K) are any Member, [officer](/usc/18/202.md?p=c), or [employee](/usc/18/202.md?p=c) of either House of Congress and any [employee of any other legislative office of the Congress](#e-9-G).
      - (iii) The persons referred to in [clause (i)](#e-1-B-i) with respect to appearances or communications by a former elected [officer](/usc/18/202.md?p=c) are any Member, [officer](/usc/18/202.md?p=c), or [employee of the House of Representatives](#e-9-C).
  - (2) **Officers and staff of the senate.—** Any person who is an elected [officer](/usc/18/202.md?p=c) of the Senate, or an [employee of the Senate](#e-9-D) to whom [paragraph (7)(A)](#e-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](#i-1) of the Senate, on behalf of any other person (except the [United States](/usc/18/5.md)) in connection with any matter on which such former elected [officer](/usc/18/202.md?p=c) or former [employee](/usc/18/202.md?p=c) seeks action by a Senator or an [officer or employee](#i-1) of the Senate, in his or her official capacity, shall be punished as provided in [section 216 of this title](/usc/18/216.md).
  - (3) **Personal staff.—**
    - (A) Any person who is an [employee](/usc/18/202.md?p=c) of a [Member of the House of Representatives](#e-9-K) to whom [paragraph (7)(A)](#e-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)](#e-3-B), on behalf of any other person (except the [United States](/usc/18/5.md)) in connection with any matter on which such former [employee](/usc/18/202.md?p=c) seeks action by a Member, [officer](/usc/18/202.md?p=c), or [employee](/usc/18/202.md?p=c) of either House of Congress, in his or her official capacity, shall be punished as provided in [section 216 of this title](/usc/18/216.md).
    - (B) The persons referred to in [subparagraph (A)](#e-3-A) with respect to appearances or communications by a person who is a former [employee](/usc/18/202.md?p=c) are the following:
      - (i) the [Member of the House of Representatives](#e-9-K) for whom that person was an [employee](/usc/18/202.md?p=c); and
      - (ii) any [employee](/usc/18/202.md?p=c) of that [Member of the House of Representatives](#e-9-K).
  - (4) **Committee staff.—** Any person who is an [employee](/usc/18/202.md?p=c) of a committee of the House of Representatives, or an [employee](/usc/18/202.md?p=c) of a joint committee of the Congress whose pay is disbursed by the Clerk of the House of Representatives, to whom [paragraph (7)(A)](#e-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](/usc/18/202.md?p=c) 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](/usc/18/5.md)) in connection with any matter on which such former [employee](/usc/18/202.md?p=c) seeks action by a Member, [officer](/usc/18/202.md?p=c), or [employee](/usc/18/202.md?p=c) of either House of Congress, in his or her official capacity, shall be punished as provided in [section 216 of this title](/usc/18/216.md).
  - (5) **Leadership staff.—**
    - (A) Any person who is an [employee on the leadership staff of the House of Representatives](#e-9-H) to whom [paragraph (7)(A)](#e-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)](#e-5-B), on behalf of any other person (except the [United States](/usc/18/5.md)) in connection with any matter on which such former [employee](/usc/18/202.md?p=c) seeks action by a Member, [officer](/usc/18/202.md?p=c), or [employee](/usc/18/202.md?p=c) of either House of Congress, in his or her official capacity, shall be punished as provided in [section 216 of this title](/usc/18/216.md).
    - (B) The persons referred to in [subparagraph (A)](#e-5-A) with respect to appearances or communications by a former [employee](/usc/18/202.md?p=c) are any [Member of the leadership of the House of Representatives](#e-9-L) and any [employee on the leadership staff of the House of Representatives](#e-9-H).
  - (6) **Other legislative offices.—**
    - (A) Any person who is an [employee of any other legislative office of the Congress](#e-9-G) to whom [paragraph (7)(B)](#e-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)](#e-6-B), on behalf of any other person (except the [United States](/usc/18/5.md)) in connection with any matter on which such former [employee](/usc/18/202.md?p=c) seeks action by any [officer or employee](#i-1) of such office, in his or her official capacity, shall be punished as provided in [section 216 of this title](/usc/18/216.md).
    - (B) The persons referred to in [subparagraph (A)](#e-6-A) with respect to appearances or communications by a former [employee](/usc/18/202.md?p=c) are the [employees](/usc/18/202.md?p=c) and [officers](/usc/18/202.md?p=c) of the former legislative office of the Congress of the former [employee](/usc/18/202.md?p=c).
  - (7) **Limitation on restrictions.—**
    - (A) The restrictions contained in paragraphs [(2)](#e-2), [(3)](#e-3), [(4)](#e-4), and [(5)](#e-5) apply only to acts by a former [employee](/usc/18/202.md?p=c) who, for at least 60 days, in the aggregate, during the 1-year period before that former [employee](/usc/18/202.md?p=c)’s service as such [employee](/usc/18/202.md?p=c) 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](/usc/18/202.md?p=c) was employed.
    - (B) The restrictions contained in [paragraph (6)](#e-6) apply only to acts by a former [employee](/usc/18/202.md?p=c) who, for at least 60 days, in the aggregate, during the 1-year period before that former [employee](/usc/18/202.md?p=c)’s service as such [employee](/usc/18/202.md?p=c) 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](/usc/5/5302.md), 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](/usc/18/202.md?p=c) of a House of Congress if that person is an [employee of the Senate](#e-9-D) or an [employee of the House of Representatives](#e-9-C);
    - (C) the term “employee of the House of Representatives” means an [employee](/usc/18/202.md?p=c) of a [Member of the House of Representatives](#e-9-K), an [employee](/usc/18/202.md?p=c) of a committee of the House of Representatives, an [employee](/usc/18/202.md?p=c) 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](#e-9-H);
    - (D) the term “employee of the Senate” means an [employee](/usc/18/202.md?p=c) of a Senator, an [employee](/usc/18/202.md?p=c) of a committee of the Senate, an [employee](/usc/18/202.md?p=c) 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-9-I);
    - (E) a person is an [employee](/usc/18/202.md?p=c) of a [Member of the House of Representatives](#e-9-K) if that person is an [employee](/usc/18/202.md?p=c) of a [Member of the House of Representatives](#e-9-K) under the clerk hire allowance;
    - (F) a person is an [employee](/usc/18/202.md?p=c) of a Senator if that person is an [employee](/usc/18/202.md?p=c) 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](#i-1) of the Architect of the Capitol, the [United States](/usc/18/5.md) Botanic Garden, the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, the [United States](/usc/18/5.md) Capitol Police, and any other [agency](/usc/18/6.md), entity, or office in the [legislative branch](/usc/18/202.md?p=e-3) 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](/usc/18/202.md?p=c) of the office of a [Member of the leadership of the House of Representatives](#e-9-L) described in [subparagraph (L)](#e-9-L), and any elected minority [employee of the House of Representatives](#e-9-C);
    - (I) the term “employee on the leadership staff of the Senate” means an [employee](/usc/18/202.md?p=c) of the office of a [Member of the leadership of the Senate](#e-9-M) described in [subparagraph (M)](#e-9-M);
    - (J) the term “Member of Congress” means a Senator or a [Member of the House of Representatives](#e-9-K);
    - (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)](#c), [(d)](#d), or [(e)](#e) and who knowingly, within 1 year after leaving the position, office, or employment referred to in such subsection—
    - (A) represents a [foreign entity](#f-3) before any [officer or employee](#i-1) of any [department](/usc/18/6.md) or [agency](/usc/18/6.md) of the [United States](/usc/18/5.md) with the intent to influence a decision of such [officer or employee](#i-1) in carrying out his or her official duties, or
    - (B) aids or advises a [foreign entity](#f-3) with the intent to influence a decision of any [officer or employee](#i-1) of any [department](/usc/18/6.md) or [agency](/usc/18/6.md) of the [United States](/usc/18/5.md), in carrying out his or her official duties,

    shall be punished as provided in [section 216 of this title](/usc/18/216.md).

  - (2) **Special rule for trade representative.—** With respect to a person who is the [United States](/usc/18/5.md) Trade Representative or Deputy [United States](/usc/18/5.md) Trade Representative, the restrictions described in [paragraph (1)](#f-1) shall apply to representing, aiding, or advising [foreign entities](#f-3) at any time after the termination of that person’s service as the [United States](/usc/18/5.md) 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)](/usc/18/1.md) of that Act.
- (g) **Special Rules for Detailees.—** For purposes of this section, a person who is detailed from one [department](/usc/18/6.md), [agency](/usc/18/6.md), or other entity to another [department](/usc/18/6.md), [agency](/usc/18/6.md), or other entity shall, during the period such person is detailed, be deemed to be an [officer or employee](#i-1) of both [departments](/usc/18/6.md), [agencies](/usc/18/6.md), or such entities.
- (h) **Designations of Separate Statutory Agencies and Bureaus.—**
  - (1) **Designations.—** For purposes of [subsection (c)](#c) and except as provided in [paragraph (2)](#h-2), whenever the Director of the Office of Government Ethics determines that an [agency](/usc/18/6.md) or bureau within a [department](/usc/18/6.md) or [agency](/usc/18/6.md) in the [executive branch](/usc/18/202.md?p=e-1) exercises functions which are distinct and separate from the remaining functions of the [department](/usc/18/6.md) or [agency](/usc/18/6.md) 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](/usc/18/6.md) or bureau as a separate [department](/usc/18/6.md) or [agency](/usc/18/6.md). 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](/usc/18/6.md) or [agency](/usc/18/6.md) concerned, make such additions and deletions as are necessary. [Departments](/usc/18/6.md) and [agencies](/usc/18/6.md) 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](/usc/18/6.md) or bureau within the Executive Office of the President may be designated under [paragraph (1)](#h-1) as a separate [department](/usc/18/6.md) or [agency](/usc/18/6.md). No designation under [paragraph (1)](#h-1) shall apply to persons referred to in subsection [(c)(2)(A)(i)](#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)](#a), [(c)](#c), and [(d)](#d), the President and the Vice President; and
    - (B) in [subsection (f)](#f), the President, the Vice President, and Members of Congress;
  - (2) the term “participated” means an action taken as an [officer or employee](#i-1) 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](/usc/18/5.md) or the District of Columbia or as an elected official of a [State](/usc/18/402.md) 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)](/usc/25/450i.md)).[^1]
  - (2) **State and local governments and institutions, hospitals, and organizations.—** The restrictions contained in subsections [(c)](#c), [(d)](#d), and [(e)](#e) shall not apply to acts done in carrying out official duties as an [employee](/usc/18/202.md?p=c) of—
    - (A) an [agency](/usc/18/6.md) or instrumentality of a [State](/usc/18/402.md) 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](/usc/18/18.md), 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](/usc/18/18.md).
  - (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](/usc/18/2280.md?p=d-8) in which the [United States](/usc/18/5.md) participates, if the Secretary of State certifies in advance that such activity is in the interests of the [United States](/usc/18/5.md).
  - (4) **Special knowledge.—** The restrictions contained in subsections [(c)](#c), [(d)](#d), and [(e)](#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)](#a), [(c)](#c), and [(d)](#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](/usc/18/6.md) or [agency](/usc/18/6.md) concerned or if the head of the [department](/usc/18/6.md) or [agency](/usc/18/6.md) concerned with the [particular matter](#i-3), 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](#i-1) has outstanding qualifications in a scientific, technological, or other technical discipline, and is acting with respect to a [particular matter](#i-3) which requires such qualifications, and that the national interest would be served by the participation of the former [officer or employee](#i-1). For purposes of this paragraph, the term “[officer or employee](#i-1)” 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](#i-1) of the [executive branch](/usc/18/202.md?p=e-1) of the [United States](/usc/18/5.md) (including any independent [agency](/usc/18/6.md)) who is subject to the restrictions contained in [subsection (a)(1)](#a-1) with respect to a [particular matter](#i-3) may not, except pursuant to court order, serve as an expert witness for any other person (except the [United States](/usc/18/5.md)) in that matter; and
    - (B) a former [officer or employee](#i-1) of the District of Columbia who is subject to the restrictions contained in [subsection (a)(1)](#a-1) with respect to a [particular matter](#i-3) 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)](#j-7-B), the restrictions contained in subsections [(c)](#c), [(d)](#d), and [(e)](#e) shall not apply to a communication or appearance made solely on behalf of a [candidate](#j-7-C-i) in his or her capacity as a [candidate](#j-7-C-i), an [authorized committee](#j-7-C-ii), a [national committee](#j-7-C-iii), a [national Federal campaign committee](#j-7-C-iv), a [State committee](#j-7-C-v), or a [political party](#j-7-C-vi).
    - (B) [Subparagraph (A)](#j-7-A) shall not apply to—
      - (i) any communication to, or appearance before, the Federal Election Commission by a former [officer or employee](#i-1) of the Federal Election Commission; or
      - (ii) a communication or appearance made by a person who is subject to the restrictions contained in subsections[^2] (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](#j-7-C-i), an [authorized committee](#j-7-C-ii), a [national committee](#j-7-C-iii), a [national Federal campaign committee](#j-7-C-iv), a [State committee](#j-7-C-v), or a [political party](#j-7-C-vi); or
        - (II) a person or entity who represents, aids, or advises only persons or entities described in [subclause (I)](#j-7-B-ii-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](#j-7-C-vii) 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](#j-7-C-vii) office;
      - (ii) the term “authorized committee” means any political committee designated in writing by a [candidate](#j-7-C-i) as authorized to receive contributions or make expenditures to promote the nomination for election, or the election, of such [candidate](#j-7-C-i), or to explore the possibility of seeking nomination for election, or the election, of such [candidate](#j-7-C-i), except that a political committee that receives contributions or makes expenditures to promote more than 1 [candidate](#j-7-C-i) may not be designated as an authorized committee for purposes of [subparagraph (A)](#j-7-A);
      - (iii) the term “national committee” means the [organization](/usc/18/18.md) which, by virtue of the bylaws of a [political party](#j-7-C-vi), is responsible for the day-to-day operation of such [political party](#j-7-C-vi) at the national level;
      - (iv) the term “national Federal campaign committee” means an [organization](/usc/18/18.md) that, by virtue of the bylaws of a [political party](#j-7-C-vi), is established primarily for the purpose of providing assistance, at the national level, to [candidates](#j-7-C-i) 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](/usc/18/18.md) which, by virtue of the bylaws of a [political party](#j-7-C-vi), is responsible for the day-to-day operation of such [political party](#j-7-C-vi) at the [State](#j-7-C-vii) level;
      - (vi) the term “political party” means an association, committee, or [organization](/usc/18/18.md) that nominates a [candidate](#j-7-C-i) for election to any Federal or [State](#j-7-C-vii) elected office whose name appears on the election ballot as the [candidate](#j-7-C-i) of such association, committee, or [organization](/usc/18/18.md); and
      - (vii) the term “State” means a State of the [United States](/usc/18/5.md), the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the [United States](/usc/18/5.md).
- (k)
  - (1)
    - (A) The President may grant a waiver of a restriction imposed by this section to any [officer or employee](#i-1) described in [paragraph (2)](#k-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](#i-1) are critically needed for the benefit of the Federal Government. Not more than 25 [officers](/usc/18/202.md?p=c) and [employees](/usc/18/202.md?p=c) 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](#i-1) immediately before the person’s Federal Government employment began.
      - (ii) Notwithstanding [clause (i)](#k-1-B-i), a waiver granted under this paragraph to any person who was an [officer or employee](#i-1) 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)](#k-1) may be granted only to civilian [officers](/usc/18/202.md?p=c) and [employees](/usc/18/202.md?p=c) of the [executive branch](/usc/18/202.md?p=e-1), other than [officers](/usc/18/202.md?p=c) and [employees](/usc/18/202.md?p=c) in the Executive Office of the President.
  - (3) A certification under [paragraph (1)](#k-1) shall take effect upon its publication in the Federal Register and shall identify—
    - (A) the [officer or employee](#i-1) 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)](#k-5-B), stating whether the person has engaged in activities otherwise prohibited by this section for each six-month period described in [subparagraph (B)](#k-5-B), and if so, what those activities were.
    - (B) A report under [subparagraph (A)](#k-5-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)](#k-5-A) and [(B)](#k-5-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](#k-5-E) unless all reports required of such person by subparagraphs [(A)](#k-5-A) and [(B)](#k-5-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](/usc/5/2101.md).
- (l) **Contract Advice by Former Details.—** Whoever, being an [employee](/usc/18/202.md?p=c) of a private sector [organization](/usc/18/18.md) assigned to an [agency](/usc/18/6.md) under [chapter 37](/usc/5/chptIII-sptB-ch37.md) 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](/usc/18/5.md)) in connection with any contract with that [agency](/usc/18/6.md) shall be punished as provided in [section 216 of this title](/usc/18/216.md).

# §208. Acts affecting a personal financial interest

- (a) Except as permitted by [subsection (b)](#b) hereof, whoever, being an [officer or employee](/usc/18/202.md?p=a) of the [executive branch](/usc/18/202.md?p=e-1) of the [United States](/usc/18/5.md) Government, or of any independent [agency](/usc/18/6.md) of the [United States](/usc/18/5.md), a Federal Reserve bank director, [officer](/usc/18/202.md?p=c), or [employee](/usc/18/202.md?p=c), or an [officer or employee](/usc/18/202.md?p=a) of the District of Columbia, including a [special Government employee](/usc/18/202.md?p=a), participates personally and substantially as a Government [officer or employee](/usc/18/202.md?p=a), 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](/usc/18/18.md) in which he is serving as [officer](/usc/18/202.md?p=c), director, trustee, general partner or [employee](/usc/18/202.md?p=c), or any person or [organization](/usc/18/18.md) 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](/usc/18/216.md).

- (b) [Subsection (a)](#a) shall not apply—
  - (1) if the [officer or employee](/usc/18/202.md?p=a) 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](/usc/18/202.md?p=a);
  - (2) if, by regulation issued by the Director of the Office of Government Ethics, applicable to all or a portion of all [officers](/usc/18/202.md?p=c) and [employees](/usc/18/202.md?p=c) covered by this section, and published in the Federal Register, the financial interest has been exempted from the requirements of [subsection (a)](#a) as being too remote or too inconsequential to affect the integrity of the services of the Government [officers](/usc/18/202.md?p=c) or [employees](/usc/18/202.md?p=c) to which such regulation applies;
  - (3) in the case of a [special Government employee](/usc/18/202.md?p=a) serving on an advisory committee within the meaning of [chapter 10](/usc/5/chptI-ch10.md) of title 5 (including an individual being considered for an appointment to such a position), the official responsible for the [employee](/usc/18/202.md?p=c)’s appointment, after review of the financial disclosure report filed by the individual pursuant to [chapter 131](/usc/5/chptIV-ch131.md) of title 5, 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](/usc/18/202.md?p=a), 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](/usc/18/5.md) 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](/usc/18/5.md) or which is inalienable by the allottee without the consent of the [United States](/usc/18/5.md), or
    - (C) in an Indian claims fund held in trust or administered by the [United States](/usc/18/5.md),

    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)](#b-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)](#b) does not preclude an exemption being granted pursuant to another paragraph of [subsection (b)](#b).
- (d)
  - (1) Upon request, a copy of any determination granting an exemption under subsection [(b)(1)](#b-1) or [(b)(3)](#b-3) shall be made available to the public by the [agency](/usc/18/6.md) granting the exemption pursuant to the procedures set forth in [section 13107 of title 5](/usc/5/13107.md). In making such determination available, the [agency](/usc/18/6.md) may withhold from disclosure any information contained in the determination that would be exempt from disclosure under [section 552 of title 5](/usc/5/552.md). For purposes of determinations under [subsection (b)(3)](#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 [chapter 131](/usc/5/chptIV-ch131.md) of title 5.
  - (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)](#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](/usc/18/202.md?p=c).

# §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](/usc/18/202.md?p=a) of the [executive branch](/usc/18/202.md?p=e-1) of the [United States](/usc/18/5.md) Government, of any independent [agency](/usc/18/6.md) of the [United States](/usc/18/5.md), or of the District of Columbia, from any source other than the Government of the [United States](/usc/18/5.md), except as may be contributed out of the treasury of any [State](/usc/18/402.md), county, or municipality; or

  Whoever, whether an individual, partnership, association, corporation, or other [organization](/usc/18/18.md) pays, makes any contribution to, or in any way supplements, the salary of any such [officer or employee](/usc/18/202.md?p=a) 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](/usc/18/216.md).

- (b) Nothing herein prevents an [officer or employee](/usc/18/202.md?p=a) of the [executive branch](/usc/18/202.md?p=e-1) of the [United States](/usc/18/5.md) Government, or of any independent [agency](/usc/18/6.md) of the [United States](/usc/18/5.md), 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](/usc/18/202.md?p=c) welfare or benefit plan maintained by a former employer.
- (c) This section does not apply to a [special Government employee](/usc/18/202.md?p=a) or to an [officer or employee](/usc/18/202.md?p=a) of the Government serving without compensation, whether or not he is a [special Government employee](/usc/18/202.md?p=a), 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](/usc/5/chptIII-sptC-ch41.md) 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](/usc/18/6.md): 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](/usc/18/202.md?p=a) injured during the commission of an offense described in section [351](/usc/18/351.md) or [1751](/usc/18/1751.md) of this title, of contributions or payments from an [organization](/usc/18/18.md) 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)](/usc/18/501.md) of such Code.
- (g)
  - (1) This section does not prohibit an [employee](/usc/18/202.md?p=c) of a private sector [organization](/usc/18/18.md), while assigned to an [agency](#g-2) under [chapter 37](/usc/5/chptIII-sptB-ch37.md) of title 5, from continuing to receive pay and benefits from such [organization](/usc/18/18.md) 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](/usc/5/3701.md)) and the Office of the Chief Technology [Officer](/usc/18/202.md?p=c) of the District of Columbia.
- (h) This section does not prohibit a member of the reserve components of the armed forces, or a member of the Space Force, 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](/usc/10/101.md?p=a-13) 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.