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Skip to content. B the offense results in substantial bodily injury to another individual;. A the offense results in serious bodily injury to another individual; or. A a commercial or academic enterprise that uses or sells animals or animal products for profit, food or fiber production, agriculture, education, research, or testing;. B a zoo, aquarium, animal shelter, pet store, breeder, furrier, circus, or rodeo, or other lawful competitive animal event; or. C any fair or similar event intended to advance agricultural arts and sciences;.
A means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, the loss of profits, or increased costs, including losses and increased costs resulting from threats, acts or vandalism, property damage, trespass, harassment, or intimidation taken against a person or entity on account of that person's or entity's connection to, relationship with, or transactions with the animal enterprise; but.
B does not include any lawful economic disruption including a lawful boycott that results from lawful public, governmental, or business reaction to the disclosure of information about an animal enterprise;. D protracted loss or impairment of the function of a bodily member, organ, or mental faculty; and. F short-term loss or impairment of the function of a bodily member, organ, or mental faculty; or. A prior section 43, acts June 25, , ch. See section a of Title 16 , Conservation. Section 3 of Pub. Probably should be preceded by "for".
See section b of Title 16 , Conservation. Shall be fined under this title, or imprisoned not more than six months, or both. Added Aug. A the person intends or has reason to know that the animal crush video will be distributed in, or using a means or facility of, interstate or foreign commerce; or. B the animal crush video is distributed in, or using a means or facility of, interstate or foreign commerce. A customary and normal veterinary or agricultural husbandry practices;. B a third party for the sole purpose of analysis to determine if referral to a law enforcement agency is appropriate.
Prior to amendment, section related to depiction of animal cruelty. These acts of extreme animal cruelty are videotaped, and the resulting video tapes are commonly referred to as 'animal crush videos'. The primary reason for those criminal acts is the creation, sale, distribution, advertising, marketing, and exchange of the animal crush video image. The amendments by Pub. Amendment of this section and repeal of Pub. Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping, or attempts or conspires to do such an act, shall be imprisoned for not more than 25 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both.
If the building be a dwelling or if the life of any person be placed in jeopardy, he shall be fined under this title or imprisoned for any term of years or for life, or both. Sections were consolidated and rewritten both as to form and substance and that part of each section relating to destruction of property by means other than burning constitutes section of this title.
The words "within the maritime and territorial jurisdiction of the United States" were added to preserve existing limitations of territorial applicability. See section 7 of this title and note thereunder. The phrase "any building, structure, or vessel, any machinery or building materials and supplies, military or naval stores, munitions of war or any structural aids or appliances for navigation or shipping" was substituted for "any dwelling house, or any store, barn, stable, or other building, parcel of a dwelling house", in section of title 18 , U. The substituted phrase is a concise and comprehensive description of the things enumerated in both sections.
The punishment provisions are new and are graduated with some regard to the gravity of the offense. It was felt that a possible punishment of 20 years for burning a wood pile or injuring or destroying an outbuilding was disproportionate and not in harmony with recent legislation. Section added by Pub. This section consolidates sections and with changes in phraseology and substance necessary to effect the consolidation.
The punishment provision of section of title 18 , U. This consolidation eliminates a serious incongruity in punishment and application. Prior to amendment, text read as follows:. Whoever in the commission of any such act uses a deadly or dangerous weapon, or inflicts bodily injury, shall be fined under this title or imprisoned not more than ten years, or both.
A a foreign government, including such use as a mission to an international organization;. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title and section 2 of title Based on section of title 22 , U. So, also, the greater punishment provided by the second paragraph of section was added to this section for offenses involving the use of dangerous weapons. Former subsec. B a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty;.
Opening paragraph was added to preserve the jurisdictional limitation provided for by section of title 18 , U. See reviser's note thereunder. Amendments by Pub. Probably should be "meaning". Whoever, within the special maritime and territorial jurisdiction of the United States, and with intent to torture as defined in section , maim, or disfigure, cuts, bites, or slits the nose, ear, or lip, or cuts out or disables the tongue, or puts out or destroys an eye, or cuts off or disables a limb or any member of another person; or.
Whoever, within the special maritime and territorial jurisdiction of the United States, and with like intent, throws or pours upon another person, any scalding water, corrosive acid, or caustic substance—. Shall be fined under this title or imprisoned not more than twenty years, or both. The words "within the special maritime and territorial jurisdiction of the United States, and" were added to preserve jurisdictional limitation provided for by section of title 18 , U.
This section [section 3] corrects a typographical error in section of title 18 , U. A assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder, or threatens to assault, kidnap or murder a member of the immediate family of a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under section of this title ; or. B threatens to assault, kidnap, or murder, a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under such section,.
B i if the assault consists of a simple assault, a term of imprisonment for not more than 1 year;. A his spouse, parent, brother or sister, child or person to whom he stands in loco parentis; or. B any other person living in his household and related to him by blood or marriage;. Prior to amendment, subsec. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence.
See section a , b of Pub. For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections , d , d , and of Title 6 , Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, , as modified, set out as a note under section of Title 6. Any person who knowingly and willfully obstructs, resists, or interferes with a Federal law enforcement agent engaged, within the United States or the special maritime territorial jurisdiction of the United States, in the performance of the protective functions authorized under section 37 of the State Department Basic Authorities Act of 22 U.
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B a grand or petit juror, witness, or other officer in or of, any court of the United States, or an officer who may be, or was, serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate;. C an informant or witness in a Federal criminal investigation or prosecution; or. D a State or local officer or employee whose restricted personal information is made publicly available because of the participation in, or assistance provided to, a Federal criminal investigation by that officer or employee;.
As used in this chapter, the term "debtor" means a debtor concerning whom a petition has been filed under title Based on section 52 f of title 11 , U. Definition of "bankruptcy" was added to avoid repetitious references to said title Amendment by section of Pub. Based on section 52 b of title 11 , U. Based on section 52 a of title 11 , U. Prior to amendment, section read as follows: "Whoever knowingly and fraudulently appropriates to his own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor which came into his charge as trustee, custodian, marshal, or other officer of the court, shall be fined under this title or imprisoned not more than five years, or both.
A person who, being a custodian, trustee, marshal, or other officer of the court—. Based on section 52 c of title 11 , U. Prior to amendment, section read as follows:. Whoever, being a party in interest, whether as a debtor, creditor, receiver, trustee or representative of any of them, or attorney for any such party in interest, in any receivership or case under title 11 in any United States court or under its supervision, knowingly and fraudulently enters into any agreement, express or implied, with another such party in interest or attorney for another such party in interest, for the purpose of fixing the fees or other compensation to be paid to any party in interest or to any attorney for any party in interest for services rendered in connection therewith, from the assets of the estate, shall be fined under this title or imprisoned not more than one year, or both.
Based on section a of title 28 , U.
Words "upon conviction" were deleted as surplusage since punishment can be imposed only after a conviction. This amendment [see section 4] clarifies section of title 18 , U. The Federal Rules of Bankruptcy Procedure, referred to in subsec. Section effective Oct. A person who, having devised or intending to devise a scheme or artifice to defraud and for the purpose of executing or concealing such a scheme or artifice or attempting to do so—.
In addition to addressing the violations referred to in the preceding sentence, the individuals described under subsection b shall address violations of section or relating to materially fraudulent statements in bankruptcy schedules that are intentionally false or intentionally misleading. Section effective days after Apr. Does not conform to section catchline. There is extraterritorial Federal jurisdiction over an offense under this section committed by or against a national of the United States. In this subsection, the terms "biological agent" and "toxin" do not encompass any biological agent or toxin that is in its naturally occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.
The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section f 2 of title Section of title 10 , referred to in text, was renumbered section of title 10 , Armed Forces, by Pub. Such term including for purposes of subsection a does not include any such biological agent or toxin that is in its naturally-occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.
A is under indictment for a crime punishable by imprisonment for a term exceeding 1 year;. B has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;. D is an unlawful user of any controlled substance as defined in section of the Controlled Substances Act 21 U. F has been adjudicated as a mental defective or has been committed to any mental institution;. H has been discharged from the Armed Services of the United States under dishonorable conditions; or. I is a member of, acts for or on behalf of, or operates subject to the direction or control of, a terrorist organization as defined in section a 3 B vi of the Immigration and Nationality Act 8 U.
Section of the Agricultural Bioterrorism Protection Act of , referred to in subsecs. Section 6 j of the Export Administration Act of , referred to in subsec. For provisions similar to those of former section j of Title 50 , see section c of Title 50 , as enacted by Pub.
Such term including for purposes of subsection a does not include" for "The term 'select agent' does not include". Variola virus is classified as a Category A agent by the Centers for Disease Control and Prevention, meaning that it is believed to pose the greatest potential threat for adverse public health impact and has a moderate to high potential for large-scale dissemination. The last case of smallpox in the United States was in The last naturally occurring case in the world was in Somalia in Although smallpox has been officially eradicated after a successful worldwide vaccination program, there remain two official repositories of the variola virus for research purposes.
Because it is so dangerous, the variola virus may appeal to terrorists. Accordingly, the United States has a compelling national security interest in preventing unlawful activities that lead to the proliferation or spread of such items, including their unauthorized production, construction, acquisition, transfer, possession, import, or export.
All of these activities markedly increase the chances that such items will be obtained by terrorist organizations or rogue states, which could use them to attack the United States, its allies, or United States nationals or corporations. A pertains to conduct prohibited under section of this title ; or. B is of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes.
At such hearing, the Government shall bear the burden of persuasion by a preponderance of the evidence. Except as inconsistent herewith, the same procedures and provisions of law relating to a forfeiture under the customs laws shall extend to a seizure or forfeiture under this section.
The Attorney General may provide for the destruction or other appropriate disposition of any biological agent, toxin, or delivery system seized and forfeited pursuant to this section. A death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;. B deterioration of food, water, equipment, supplies, or material of any kind; or.
A any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or. B any poisonous isomer or biological product, homolog, or derivative of such a substance;. A any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or. Prior to amendment, the analysis contained items to B to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or.
C to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person;. B being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or. C being induced to do or omit to do any act in violation of the official duty of such official or person;.
A directly or indirectly gives, offers, or promises anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act performed or to be performed by such public official, former public official, or person selected to be a public official; or. B being a public official, former public official, or person selected to be a public official, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of any official act performed or to be performed by such official or person;.
A prior section , act June 25, , ch. A to C , respectively, and realigned their margins, and in subpar. C substituted "the lawful duty of such official or person;" for "his lawful duty, or".
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A to C , respectively, and realigned their margins, in subpar. A substituted "the performance" for "his performance" and struck out "or" after "act;", and in subpar. C substituted "the official duty of such official or person;" for "his official duty; or". B and substituted "being" for "Whoever, being", "indirectly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally" for "indirectly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself", and "by such official or person;" for "by him; or".
Public Law 87—, "To strengthen the criminal laws relating to bribery, graft, and conflicts of interest, and for other purposes," came into force January 21, A number of departments and agencies of the Government have suggested that the Department of Justice prepare and distribute a memorandum analyzing the conflict of interest provisions contained in the new act.
I am therefore distributing the attached memorandum. One of the main purposes of the new legislation merits specific mention. That purpose is to help the Government obtain the temporary or intermittent services of persons with special knowledge and skills whose principal employment is outside the Government. For the most part the conflict of interest statutes superseded by Public Law 87— imposed the same restraints on a person serving the Government temporarily or intermittently as on a full-time employee, and those statutes often had an unnecessarily severe impact on the former.
As a result, they impeded the departments and agencies in the recruitment of experts for important work. Public Law 87— meets this difficulty by imposing a lesser array of prohibitions on temporary and intermittent employees than on regular employees. I believe that a widespread appreciation of this aspect of the new law will lead to a significant expansion of the pool of talent on which the departments and agencies can draw for their special needs. Public Law 87—, which came into force January 21, , affected seven statutes which applied to officers and employees of the Government and were generally spoken of as the "conflict of interest" laws.
These included six sections of the criminal code, 18 U. Public Law 87— sometimes referred to hereinafter as "the Act" repealed section and one of the criminal statutes, 18 U. It is the purpose of this memorandum to summarize the new law and to describe the principal differences between it and the legislation it has replaced. The Act accomplished its revisions by enacting new sections , , , and of title 18 of the United States Code and providing that they supplant the above-mentioned sections , , , and of title 18 respectively. First of all, however, it is necessary to describe the background and provisions of the new 18 U.
In the main the prior conflict of interest laws imposed the same restrictions on individuals who serve the Government intermittently or for a short period of time as on those who serve full-time. In considering the application of present law in relation to the Government's utilization of temporary or intermittent consultants and advisers, it must be emphasized that most of the existing conflict-of-interest statutes were enacted in the 19th century—that is, at a time when persons outside the Government rarely served it in this way.
The laws were therefore directed at activities of regular Government employees, and their present impact on the occasionally needed experts—those whose main work is performed outside the Government—is unduly severe. This harsh impact constitutes an appreciable deterrent to the Government's obtaining needed part-time services.
The recruiting problem noted by the Committee generated a major part of the impetus for the enactment of Public Law 87— The Act dealt with the problem by creating a category of Government employees termed "special Government employees" and by excepting persons in this category from certain of the prohibitions imposed on ordinary employees. The new 18 U. A regular officer or employee of the Government—that is, one appointed or employed to serve more than days in any period of days—is in general subject to the following major prohibitions the citations are to the new sections of Title 18 :.
He may not, except in the discharge of his official duties, represent anyone else before a court or Government agency in a matter in which the United States is a party or has an interest. This prohibition applies both to paid and unpaid representation of another 18 U. He may not participate in his governmental capacity in any matter in which he, his spouse, minor child, outside business associate or person with whom he is negotiating for employment has a financial interest 18 U.
He may not, after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and in which he participated personally and substantially for the Government 18 U. This temporary restraint of course gives way to the permanent restraint described in paragraph 3 if the matter is one in which he participated personally and substantially.
He may not receive any salary, or supplementation of his Government salary, from a private source as compensation for his services to the Government 18 U.
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A special Government employee is in general subject only to the following major prohibitions:. He is bound by this restraint despite the fact that the matter is not one in which he has ever participated personally and substantially. The restrictions described in subparagraphs a and b apply to both paid and unpaid representation of another. These restrictions in combination are, of course, less extensive than the one described in the corresponding paragraph 1 in the list set forth above with regard to regular employees.
He may not, for 1 year after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and which was within the boundaries of his official responsibility during the last year of his Government service 18 U. This temporary restraint of course gives way to the permanent restriction described in paragraph 3 if the matter is one in which he participated personally and substantially. It will be seen that paragraphs 2, 3, and 4 for special Government employees are the same as the corresponding paragraphs for regular employees.
Paragraph 5 for the latter, describing the bar against the receipt of salary for Government work from a private source, does not apply to special Government employees. As appears below, there are a number of exceptions to the prohibitions summarized in the two lists. New 18 U. Subsection a of this section in general prohibits a Member of Congress and an officer or employee of the United States in any branch or agency of the Government from soliciting or receiving compensation for services rendered on behalf of another person before a Government department or agency in relation to any particular matter in which the United States is a party or has a direct and substantial interest.
The subsection does not preclude compensation for services rendered on behalf of another in court. Subsection a is essentially a rewrite of the repealed portion of 18 U. However, subsections b and c have no counterparts in the previous statutes. Subsection b makes it unlawful for anyone to offer or pay compensation the solicitation or receipt of which is barred by subsection a. Subsection c narrows the application of subsection a in the case of a person serving as a special Government employee to two, and only two, situations. First, subsection c bars him from rendering services before the Government on behalf of others, for compensation, in relation to a matter involving a specific party or parties in which he has participated personally and substantially in the course of his Government duties.
And second, it bars him from such activities in relation to a matter involving a specific party or parties, even though he has not participated in the matter personally and substantially, if it is pending in his department or agency and he has served therein more than 60 days in the immediately preceding period of a year. This section contains two major prohibitions. The first prevents an officer or employee of the United States in any branch or agency of the Government from acting as agent or attorney for prosecuting any claim against the United States, including a claim in court, whether for compensation or not.
It also prevents him from receiving a gratuity, or a share or interest in any such claim, for assistance in the prosecution thereof. This portion of section is similar to the repealed portion of 18 U. The second main prohibition of section is concerned with more than claims. It precludes an officer or employee of the Government from acting as agent or attorney for anyone else before a department, agency or court in connection with any particular matter in which the United States is a party or has a direct and substantial interest.
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Section provides for the same limited application to a special Government employee as section In short, it precludes him from acting as agent or attorney only 1 in a matter involving a specific party or parties in which he has participated personally and substantially in his governmental capacity, and 2 in a matter involving a specific party or parties which is before his department or agency, if he has served therein more than 60 days in the year past.
Since new sections and extend to activities in the same range of matters, they overlap to a greater extent than did their predecessor sections and The following are the few important differences between sections and Section applies to Members of Congress as well as officers and employees of the Government; section applies only to the latter. Section bars services rendered for compensation solicited or received, but not those rendered without such compensation; section bars both kinds of services.
Section bars services rendered before the departments and agencies but not services rendered in court; section bars both. It will be seen that while section is controlling as to Members of Congress, for all practical purposes section completely overshadows section in respect of officers and employees of the Government. Section permits a Government officer or employee to represent another person, without compensation, in a disciplinary, loyalty or other personnel matter. Another provision declares that the section does not prevent an officer or employee from giving testimony under oath or making statements required to be made under penalty for perjury or contempt.
Section also authorizes a limited waiver of its restrictions and those of section for the benefit of an officer or employee, including a special Government employee, who represents his own parents, spouse or child, or a person or estate he serves as a fiduciary.
The waiver is available to the officer or employee, whether acting for any such person with or without compensation, but only if approved by the official making appointments to his position. And in no event does the waiver extend to his representation of any such person in matters in which he has participated personally and substantially or which, even in the absence of such participation, are the subject of his official responsibility.
Finally, section gives the head of a department or agency the power, notwithstanding any applicable restrictions in its provisions or those of section , to allow a special Government employee to represent his regular employer or other outside organization in the performance of work under a Government grant or contract. However, this action is open to the department or agency head only upon his certification, published in the Federal Register, that the national interest requires it.
Subsections a and b of this section contain post-employment prohibitions applicable to persons who have ended service as officers or employees of the executive branch, the independent agencies or the District of Columbia. The restraint of subsection a is against a former officer or employee's acting as agent or attorney for anyone other than the United States in connection with certain matters, whether pending in the courts or elsewhere. The matters are those involving a specific party or parties in which the United States is one of the parties or has a direct and substantial interest and in which the former officer or employee participated personally and substantially while holding a Government position.
Subsection b sets forth a 1-year postemployment prohibition in respect of those matters which were within the area of official responsibility of a former officer or employee at any time during the last year of his service but which do not come within subsection a because he did not participate in them personally and substantially. More particularly, the prohibition of subsection b prevents his personal appearance in such matters before a court or a department or agency of the Government as agent or attorney for anyone other than the United States.
For example, if an individual transfers from a supervisory position in the Internal Revenue Service to a supervisory position in the Post Office Department and leaves that department for private employment 9 months later, he will be free of the restriction of subsection b in 3 months insofar as Internal Revenue matters are concerned. He will of course be bound by it for a year in respect of Post Office Department matters. The proviso following subsections a and b authorizes an agency head, notwithstanding anything to the contrary in their provisions, to permit a former officer or employee with outstanding scientific qualifications to act as attorney or agent or appear personally before the agency for another in a matter in a scientific field.
This authority may be exercised by the agency head upon a "national interest" certification published in the Federal Register. Subsections a and b describe the activities they forbid as being in connection with "particular matter[s] involving a specific party or parties" in which the former officer or employee had participated. The quoted language does not include general rulemaking, the formulation of general policy or standards, or other similar matters.
Thus, past participation in or official responsibility for a matter of this kind on behalf of the Government does not disqualify a former employee from representing another person in a proceeding which is governed by the rule or other result of such matter. Subsection a bars permanently a greater variety of actions than subsection b bars temporarily. The conduct made unlawful by the former is any action as agent or attorney , while that made unlawful by the latter is a personal appearance as agent or attorney.
However, neither subsection precludes postemployment activities which may fairly be characterized as no more than aiding or assisting another. On the other hand, he is forbidden for a year, in the first case, to appear personally before the agency as the agent or attorney of his company in connection with a dispute over the terms of the contract. And he may at no time appear personally before the agency or otherwise act as agent or attorney for his company in such dispute if he helped negotiate the contract. Comparing subsection a with the antecedent 18 U.
However, subsection a covers all matters in which the United States is a party or has a direct and substantial interest and not merely the "claims against the United States" covered by 18 U. Subsection a also goes further than the latter in imposing a lifetime instead of a 2-year bar. Subsection b has no parallel in 18 U. It will be seen that subsections a and b in combination are less restrictive in some respects, and more restrictive in others, than the combination of the prior 18 U.
Thus, former officers or employees who were outside the Government when the Act came into force on January 21, , will in certain situations be enabled to carry on activities before the Government which were previously barred. For example, the repeal of 5 U. On the other hand, former officers or employees became precluded on and after January 21, from engaging or continuing to engage in certain activities which were permissible until that date.
This result follows from the replacement of the 2-year bar of 18 U. Subsection c of section pertains to an individual outside the Government who is in a business or professional partnership with someone serving in the executive branch, an independent agency or the District of Columbia. The subsection prevents such individual from acting as attorney or agent for anyone other than the United States in any matter, including those in court, in which his partner in the Government is participating or has participated or which are the subject of his partner's official responsibility.
Although included in a section dealing largely with post-employment activities, this provision is not directed to the postemployment situation. The paragraph at the end of section also pertains to individuals in a partnership but sets forth no prohibition. This paragraph, which is of importance mainly to lawyers in private practice, rules out the possibility that an individual will be deemed subject to section , , a or b solely because he has a partner who serves or has served in the Government either as a regular or a special Government employee. This section forbids certain actions by an officer or employee of the Government in his role as a servant or representative of the Government.
Its thrust is therefore to be distinguished from that of sections and which forbid certain actions in his capacity as a representative of persons outside the Government. Subsection a in substance requires an officer or employee of the executive branch, an independent agency or the District of Columbia, including a special Government employee, to refrain from participating as such in any matter in which, to his knowledge, he, his spouse, minor child or partner has a financial interest.
He must also remove himself from a matter in which a business or nonprofit organization with which he is connected or is seeking employment has a financial interest. Subsection b permits the agency of an officer or employee to grant him an ad hoc exemption from subsection a if the outside financial interest in a matter is deemed not substantial enough to have an effect on the integrity of his services. Financial interests of this kind may also be made nondisqualifying by a general regulation published in the Federal Register.
Section is similar in purpose to the former 18 U. In addition, the provision in section including the interests of a spouse and others is new, as is the provision authorizing exemptions for insignificant interest. Subsection a prevents an officer or employee of the executive branch, an independent agency or the District of Columbia from receiving, and anyone from paying him, any salary or supplementation of salary from a private source as compensation for his services to the Government.
This provision uses much of the language of the former 18 U. The remainder of section is new. Subsection b specifically authorizes an officer or employee covered by subsection a to continue his participation in a bona fide pension plan or other employee welfare or benefit plan maintained by a former employer. Subsection c provides that section does not apply to a special Government employee or to anyone serving the Government without compensation whether or not he is a special Government employee.
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Subsection d provides that the section does not prohibit the payment or acceptance of contributions, awards or other expenses under the terms of the Government Employees Training Act. Congress has in the past enacted statutes exempting persons in certain positions—usually advisory in nature—from the provisions of some or all of the former conflict of interest laws. Section 2 of the Act grants corresponding exemptions from the new laws with respect to legislative and judicial positions carrying such past exemptions.
However, section 2 excludes positions in the executive branch, an independent agency and the District of Columbia from this grant. As a consequence, all statutory exemptions for persons serving in these sectors of the Government ended on January 21, Public Law 87— enacted a new 18 U. However, 18 U. The former 18 U. Its replacement, the broader 18 U. Section , therefore applies to retired officers of the armed forces and overlaps the continuing provisions of 18 U.
Public Law 87— enacted a new section, 18 U. However, it was modeled on the last sentence of the former 18 U. It will be recalled that section was one of the two statutes repealed without replacement. The section also authorizes the Government's recovery, in addition to any penalty prescribed by law or in a contract, of the amount expended or thing transferred on behalf of the Government.
Section specifically provides that the powers it grants are "in addition to any other remedies provided by law. Mississippi Valley Generating Co. Set forth below are the citations to the legislative history of Public Law 87— and a list of recent material which is pertinent to a study of the act. The listed report of the Association of the Bar of the City of New York is particularly valuable.
For a comprehensive bibliography of earlier material relating to the conflict of interest laws, see 13 Record of the Association of the Bar of the City of New York May President's special message to Congress, April 27, , and attached draft bill, Cong. President's Memorandum of February 9, , to the heads of executive departments and agencies entitled Preventing Conflicts of Interest on the Part of Advisers and Consultants to the Government , 27 F.
Staff report of Antitrust Subcommittee Subcommittee No. Print Press It prohibited him, for a period of two years after his employment had ceased, from representing anyone in the prosecution of a claim against the United States which was pending in that or any other executive department during his period of employment. The subject of post-employment activities of former Government officers and employees was also dealt with in another statute which was repealed, 18 U. Public Law 87— covers the subject in a single section enacted as the new 18 U.
Since this offense is within the scope of the newly enacted 18 U. As a practical matter, however, the prohibitions would rarely be significant in the latter situation because officers and employees of the legislative and judicial branches are covered by sections and Therefore the inclusion of a former special Government employee within the 1-year postemployment ban of subsection b may subject him to a temporary restraint from which he was free prior to the end of his Government service. However, since special Government employees usually do not have "official responsibility," as that term is defined in section b , their inclusion within the 1-year ban will not have a widespread effect.
The House Judiciary Committee struck the underlined words, and the bill became law without them. It should be noted also that the repealed provisions of 18 U. 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. 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 and sections through and 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 , , through , and , shall not include enlisted members of the Armed Forces. Section 29 c and d of the Act of August 10, 70A Stat. The terms 'officer' and 'employee' shall not include the President, the Vice President, a Member of Congress, or a Federal judge. A generally. Prior to amendment, subpar. Section effective 90 days after Oct. 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,.
Provisions similar to those comprising this section were contained in section of this title prior to the repeal of such section and the general amendment of this chapter by Pub. B , struck out "including the District of Columbia," after "agency of the United States".
A and substituted "such person" for "he" and "Delegate, Delegate Elect" for "Delegate from the District of Columbia, Delegate Elect from the District of Columbia", redesignated former par. B and substituted "such person" for "he", and in closing provisions substituted "commission; or" for "commission, or". Authority of President under subsec. All such representatives shall have on file with the Department of State the financial disclosure report required for special Government employees. Provisions similar to this section were contained in former section of this title prior to the repeal of such section and the general amendment of this chapter by Pub.
Exemptions from former section of this title deemed to be exemptions from this section, see section 2 of Pub. 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. 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. 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. The Foreign Service Act of , referred to in subsec. For complete classification of this Act to the Code, see Short Title note set out under section of Title 22 and Tables.
Sections and of this title shall not apply to a retired officer of the uniformed services of the United States while not on active duty and not otherwise an officer or employee of the United States, or to any person specially excepted by Act of Congress. 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,. 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,. 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.
Any person who violates this subsection shall be punished as provided in section of this title. A the term "trade negotiation" means negotiations which the President determines to undertake to enter into a trade agreement pursuant to section of the Omnibus Trade and Competitiveness Act of , 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.
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—.
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 a 2 A of title 3 or by the Vice President to a position under section a 1 A of title 3 ,. 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 , , , , or of title 5. A Senators. B Members and officers of the house of representatives. 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:. 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. 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.
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 of title 5 , is equal to or greater than the basic rate of pay payable for level IV of the Executive Schedule.
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 Publishing 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 ;.
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 a of the Ethics Reform Act of ;.
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 a of the Ethics Reform Act of 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,. 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.