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TITLE 18—CRIMES AND CRIMINAL PROCEDURE

Page 1034

§ 205

EFFECTIVE DATE
Section effective 90 days after Oct. 23, 1962, see sec-
tion 4 of Pub. L. 87-849, set out as an Effective Date a
note under section 201 of this title.

CROSS REFERENCES
Disqualification from holding any office of honor,
trust, or profit, additional grounds for, see sections
201, 203, 592, 593, 1901, 2071, 2381, 2385, 2387 of this
title.

Memorandum of Attorney General regarding con-
flict of interest provisions, see note under section 201
of this title.

Regional Action Planning Commissions, applicabil.
ity of this section to Federal cochairman and person.
nel, see section 3188 of Title 42, The Public Health
and Welfare.

ment employee, from acting, with or without
compensation, as agent or attorney for his par-
ents, spouse, child, or any person for whom, or
for any estate for which, he is serving as guard-
ian, executor, administrator, trustee, or other
personal fiduciary except in those matters in
which he has participated personally and sub-
stantially as a Government employee, through
decision, approval, disapproval, recommenda-
tion, the rendering of advice, investigation, or
otherwise, or which are the subject of his offi-
cial responsibility, provided that the Govern-
ment official responsible for appointment to his
position approves.

Nothing herein or in section 203 prevents a
special Government employee from acting as
agent or attorney for another person in the
performance of work under a grant by, or a
contract with or for the benefit of, the United
States provided that the head of the depart-
ment or agency concerned with the grant or
contract shall certify in writing that the nation-
al interest so requires.

Such certification shall be published in the
Federal Register.

Nothing herein prevents an officer or employ-
ee from giving testimony under oath or from
making statements required to be made under
penalty for perjury or contempt.
(Added Pub. L. 87-849, § 1(a), Oct. 23, 1962, 76
Stat. 1122.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40 App. section 108; title 42 section 3188.

$ 205. Activities of officers and employees in claims

against and other matters affecting the Govern

ment
Whoever, being an officer or employee of the
United States in the executive, legislative, or
judicial branch of the Government or in any
agency of the United States, including the Dis-
trict of Columbia, otherwise than in the proper
discharge of his official duties-

(1) acts as agent or attorney for prosecuting
any claim against the United States, or re-
ceives any gratuity, or any share of or inter-
est in any such claim in consideration of assis-
tance in the prosecution of such claim, or

PRIOR PROVISIONS A prior section 205, act June 25, 1948, ch. 645, 62 Stat. 692, which related to the acceptance by a

Member of Congress of anything of value to influence
him, was eliminated in the general amendment of this
chapter by Pub. L. 87-849 and is substantially covered
by revised section 201.

Provisions similar to those comprising this section
were contained in section 283 of this title prior to the
repeal of such section and the general amendment of
this chapter by Pub. L. 87-849.

EFFECTIVE DATE
Section effective 90 days after Oct. 23, 1962, see sec-
tion 4 of Pub. L. 87-849, set out as an Effective Date
note under section 201 of this title.

DELEGATION OF AUTHORITY
Authority of the President under this section dele.
gated to department or agency heads, see Part V of
Ex. Ord. No. 11222, May 8, 1965, 30 F.R. 6469, set out
as a note under section 201 of this title.

(2) acts as agent or attorney for anyone before any department, agency, court, courtmartial, officer, or any civil, military, or naval commission in connection with any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest

Shall be fined not more than $10,000 or im-
prisoned for not more than two years, or both.

A special Government employee shall be sub-
ject to the preceding paragraphs only in rela-
tion to a particular matter involving a specific
party or parties (1) in which he has at any time
participated personally and substantially as a
Government employee or as a special Govern-
ment employee through decision, approval, dis-
approval, recommendation, the rendering of
advice, investigation or otherwise, or (2) which
is pending in the department or agency of the
Government in which he is serving: Provided,
That clause (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 consecu-
tive days.

Nothing herein prevents an officer or employ-
ee, if not inconsistent with the faithful perfor-
mance of his duties, from acting without com-
pensation as agent or attorney for any person
who is the subject of disciplinary, loyalty, or
other personnel administration proceedings in
connection with those proceedings.

Nothing herein or in section 203 prevents an
officer or employee, including a special Govern-

CANAL ZONE Applicability of section to canal zone, see section 14 of this title.

CROSS REFERENCES
Civil War Centennial Commission, service

as
member of Commission not service or employment
within provisions of this section, see section 747 of
Title 36, Patriotic Societies and Observances.

Claims generally, see section 191 et seq. of Title 31,
Money and Finance.

Definitions, see section 202 of this title.

Department of Health, Education and Welfare, ap-
plicability of this section to State personnel assigned
to, see section 246 of Title 42, The Public Health and
Welfare.

Disqualification from holding any office of honor,
trust, or profit, additional grounds for, see sections
204, 592, 593, 1901, 2071, 2381, 2385, 2387 of this title.

Exemption of retired officers of the uniformed services, see section 206 of this title.

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Memorandum of Attorney General regarding conflict of interest provisions, see note under section 201 of this title.

Partners subject to section, see section 207 of this
title.

Regional Action Planning Commissions, applicabil.
ity of this section to Federal cochairman and person-
nel, see section 3188 of Title 42, The Public Health
and Welfare.

Renegotiation of war and defense contracts, persons
authorized to prosecute claims, see section 1191 of Ap-
pendix to Title 50, War and National Defense.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 14, 202, 206,
207 of this title; title 5 section 3374; title 12 section
1457; title 25 section 450i; title 30 section 663; title 38
section 3402; title 40 App. section 108; title 41 section
120; title 42 sections 246, 3188.

interest and in which he participated personal-
ly and substantially as an officer or employee,
through decision, approval, disapproval, recom-
mendation, the rendering of advice, investiga-
tion, or otherwise, while so employed, or

(b) Whoeve: having been so employed,
within one year after his employment has
ceased, appears personally before any court or
department or agency of the Government as
agent, or attorney for, anyone other than the
United States in connection with any proceed.
ing, application, request for a ruling or other
determination, contract, claim, controversy,
charge, accusation, arrest, or other particular
matter involving a specific party or parties in
which the United States is a party or directly
and substantially interested, and which was
under his official responsibility as an officer or
employee of the Government at any time
within a period of one year prior to the termi.
nation of such responsibility-

Shall be fined not more than $10,000 or im-
prisoned for not more than two years, or both:
Provided, That nothing in subsection (a) or (b)
prevents a former officer or employee, includ-
ing a former special Government employee,
with outstanding scientific or technological
qualifications from acting as attorney or agent
or appearing personally in connection with a
particular matter in a scientific or technologi.
cal field if the head of the department or
agency concerned with the matter shall make a
certification in writing, published in the Feder-
al Register, that the national interest would be

$ 206. Exemption of retired officers of the uniformed

services

Sections 203 and 205 of this title shall not
apply to a retired officer of the uniformed ser-
vices 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.
(Added Pub. L. 87-849, § 1(a), Oct. 23, 1962, 76
Stat. 1123.)

PRIOR PROVISIONS
A prior section 206, act June 25, 1948, ch. 645, 62
Stat. 692, which related to an offer to a judge or judi-
cial officer to influence him, was eliminated in the
general amendment of this chapter by Pub. L. 87-849
and is substantially covered by revised section 201.

served by such action or appearance by the EFFECTIVE DATE

former officer or employee. Section effective 90 days after Oct. 23, 1962, see sec

(c) Whoever, being a partner of an officer or tion 4 of Pub. L. 87-849, set out as an Effective Date

employee of the executive branch of the United
note under section 201 of this title.

States Government, of any independent agency
CROSS REFERENCES

of the United States, or of the District of Co-
Definitions, see section 202 of this title.

lumbia, including a special Government emMemorandum of Attorney General regarding con

ployee, acts as agent or attorney for anyone flict of interest provisions, see note under section 201 other than the United States, in connection of this title.

with any judicial or other proceeding, applicaRegional Action Planning Commissions, applicabil

tion, request for a ruling or other determinaity of this section to Federal cochairman and person

tion, contract, claim, controversy, charge, accunel, see section 3188 of Title 42, The Public Health

sation, arrest, or other particular matter in and Welfare.

which the United States is a party or has a SECTION REFERRED TO IN OTHER SECTIONS

direct and substantial interest and in which This section is referred to in section 202 of this title;

such officer or employee of the Government or title 38 section 3402; title 40 App. section 108; title 42 special Government employee participates or section 3188.

has participated personally and substantially as

a Government employee through decision, ap§ 207. Disqualification of former officers and employ- proval, disapproval, recommendation, the renees in matters connected with former duties or

dering of advice, investigation or otherwise, or official responsibilities; disqualification of part

which is the subject of his official responsibil.

ity-
(a) Whoever, having been an officer or em-

Shall be fined not more than $5,000, or im-
ployee of the executive branch of the United

prisoned not more than one year, or both. States Government, of any independent agency

A partner of a present or former officer or of the United States, or of the District of Co

employee of the executive branch of the United lumbia, including a special Government employee, after his employment has ceased, know

States Government, of any independent agency

of the United States, or of the District of Coingly acts as agent or attorney for anyone other than the United States in connection with any

lumbia or of a present or former special Gov. judicial or other proceeding, application, re

ernment employee shall as such be subject to quest for a ruling or other determination, con

the provisions of sections 203, 205, and 207 of tract, claim, controversy, charge, accusation,

this title only as expressly provided in subsec

tion (c) of this section. arrest, or other particular matter involving a specific party or parties in which the United (Added Pub. L. 87-849, § 1(a), Oct. 23, 1962, 76 States is a party or has a direct and substantial Stat. 1123.)

ners

§ 208

TITLE 18-CRIMES AND CRIMINAL PROCEDURE

Page 1036

PRIOR PROVISIONS

A prior section 207, act June 25, 1948, ch. 645, 62
Stat. 692, which related to the acceptance of a bribe
by a judge, was eliminated by the general amendment
of this chapter by Pub. L. 87-849 and is substantially
covered by revised section 201.

Provisions similar to those comprising this section
were contained in section 284 of this title prior to the
repeal of such section and the general amendment of
this chapter by Pub. L. 87-849.

EFFECTIVE DATE

Section effective 90 days after Oct. 23, 1962, see sec-
tion 4 of Pub. L. 87-849, set out as an Effective Date
note under section 201 of this title.

prospective employment, has a financial inter-
est-

Shall be fined not more than $10,000, or im-
prisoned not more than two years, or both.

(b) Subsection (a) hereof shall not apply (1) if
the officer or employee first advises the Gov-
ernment official res sible for appointment to
his position of the nature and circumstances of
the judicial or other proceeding, application, re-
quest for a ruling or other determination, con-
tract, claim, controversy, charge, accusation,
arrest, or other particular matter and makes
full disclosure of the financial interest and re-
ceives in advance a written determination made
by such official that the interest is not so sub-
stantial as to be deemed likely to affect the in-
tegrity of the services which the Government
may expect from such officer or employee, or
(2) if, by general rule or regulation published in
the Federal Register, the financial interest has
been exempted from the requirements of clause
(1) hereof as being too remote or too inconse-
quential to affect the integrity of Government
officers' or employees' services.
(Added Pub. L. 87-849, § 1(a), Oct. 23, 1962, 76
Stat. 1124.)

CANAL ZONE

Applicability of section to Canal Zone, see section 14
of this title.

CROSS REFERENCES

Civil War Centennial Commission, service as
member of Commission not service or employment
within provisions of this section, see section 747 of
Title 36, Patriotic Societies and Observances.

Definitions, see section 202 of this title.

Department of Health, Education and Welfare, ap-
plicability of this section to State personnel assigned
to, see section 246 of Title 42, The Public Health and
Welfare.

Memorandum of Attorney General regarding con-
flict of interest provisions, see note under section 201
of this title.

Officials appointed under laws and regulations of
the Universal Military Training and Service System,
nonapplicability of this section to see section 463(a) of
Title 50, App., War and National Defense.

Regional Action Planning Commissions, applicabil-
ity of this section to Federal cochairman and person-

PRIOR PROVISIONS

A prior section 208, act June 25, 1948, ch. 645, 62
Stat. 693, which related to the acceptance of solicita.
tion of a bribe by a judicial officer, was eliminated in
the general amendment of this chapter by Pub. L. 87-
849 and is substantially covered by revised section 201.

Provisions similar to those comprising this section

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