§ 205. — Activities of officers and employees in claims against and other matters affecting the Government.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC205]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
Sec. 205. Activities of officers and employees in claims against
and other matters affecting the Government
(a) Whoever, being an officer or employee of the United States in
the executive, legislative, or judicial branch of the Government or in
any agency of the United States, other than in the proper discharge of
his official duties--
(1) acts as agent or attorney for prosecuting any claim against
the United States, or receives any gratuity, or any share of or
interest in any such claim, in consideration of assistance in the
prosecution of such claim; or
(2) acts as agent or attorney for anyone before any department,
agency, court, court-martial, officer, or civil, military, or naval
commission in connection with any covered matter in which the United
States is a party or has a direct and substantial interest;
shall be subject to the penalties set forth in section 216 of this
title.
(b) Whoever, being an officer or employee of the District of
Columbia or an officer or employee of the Office of the United States
Attorney for the District of Columbia, otherwise than in the proper
discharge of official duties--
(1) acts as agent or attorney for prosecuting any claim against
the District of Columbia, or receives any gratuity, or any share of
or interest in any such claim in consideration of assistance in the
prosecution of such claim; or
(2) acts as agent or attorney for anyone before any department,
agency, court, officer, or commission in connection with any covered
matter in which the District of Columbia is a party or has a direct
and substantial interest;
shall be subject to the penalties set forth in section 216 of this
title.
(c) A special Government employee shall be subject to subsections
(a) and (b) only in relation to a covered matter involving a specific
party or parties--
(1) in which he has at any time participated personally and
substantially as a Government employee or special Government
employee through decision, approval, disapproval, recommendation,
the rendering of advice, investigation, or otherwise; or
(2) which is pending in the department or agency of the
Government in which he is serving.
Paragraph (2) shall not apply in the case of a special Government
employee who has served in such department or agency no more than sixty
days during the immediately preceding period of three hundred and sixty-
five consecutive days.
(d)(1) Nothing in subsection (a) or (b) prevents an officer or
employee, if not inconsistent with the faithful performance of that
officer's or employee's duties, from acting without compensation as
agent or attorney for, or otherwise representing--
(A) any person who is the subject of disciplinary, loyalty, or
other personnel administration proceedings in connection with those
proceedings; or
(B) except as provided in paragraph (2), any cooperative,
voluntary, professional, recreational, or similar organization or
group not established or operated for profit, if a majority of the
organization's or group's members are current officers or employees
of the United States or of the District of Columbia, or their
spouses or dependent children.
(2) Paragraph (1)(B) does not apply with respect to a covered matter
that--
(A) is a claim under subsection (a)(1) or (b)(1);
(B) is a judicial or administrative proceeding where the
organization or group is a party; or
(C) involves a grant, contract, or other agreement (including a
request for any such grant, contract, or agreement) providing for
the disbursement of Federal funds to the organization or group.
(e) Nothing in subsection (a) or (b) prevents an officer or
employee, including a special Government employee, from acting, with or
without compensation, as agent or attorney for, or otherwise
representing, his parents, spouse, child, or any person for whom, or for
any estate for which, he is serving as guardian, executor,
administrator, trustee, or other personal fiduciary except--
(1) in those matters in which he has participated personally and
substantially as a Government employee or special Government
employee through decision, approval, disapproval, recommendation,
the rendering of advice, investigation, or otherwise, or
(2) in those matters which are the subject of his official
responsibility,
subject to approval by the Government official responsible for
appointment to his position.
(f) Nothing in subsection (a) or (b) prevents a special Government
employee from acting as agent or attorney for another person in the
performance of work under a grant by, or a contract with or for the
benefit of, the United States if the head of the department or agency
concerned with the grant or contract certifies in writing that the
national interest so requires and publishes such certification in the
Federal Register.
(g) Nothing in this section prevents an officer or employee from
giving testimony under oath or from making statements required to be
made under penalty for perjury or contempt.
(h) For the purpose of this section, the term ``covered matter''
means any judicial or other proceeding, application, request for a
ruling or other determination, contract, claim, controversy,
investigation, charge, accusation, arrest, or other particular matter.
(i) Nothing in this section prevents an employee from acting
pursuant to--
(1) chapter 71 of title 5;
(2) section 1004 or chapter 12 of title 39;
(3) section 3 of the Tennessee Valley Authority Act of 1933 (16
U.S.C. 831b);
(4) chapter 10 of title I of the Foreign Service Act of 1980 (22
U.S.C. 4104 et seq.); or
(5) any provision of any other Federal or District of Columbia
law that authorizes labor-management relations between an agency or
instrumentality of the United States or the District of Columbia and
any labor organization that represents its employees.
(Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1122; amended
Pub. L. 101-194, title IV, Sec. 404, Nov. 30, 1989, 103 Stat. 1750; Pub.
L. 101-280, Sec. 5(c), May 4, 1990, 104 Stat. 159; Pub. L. 104-177,
Sec. 2, Aug. 6, 1996, 110 Stat. 1563; Pub. L. 107-273, div. B, title IV,
Sec. 4002(a)(9), Nov. 2, 2002, 116 Stat. 1807.)
References in Text
The Foreign Service Act of 1980, referred to in subsec. (i)(4), is
Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended. Chapter 10 of
title I of the Act is classified generally to subchapter X (Sec. 4101 et
seq.) of chapter 52 of Title 22, Foreign Relations and Intercourse. For
complete classification of this Act to the Code, see Short Title note
set out under section 3901 of Title 22 and Tables.
Prior Provisions
A prior section 205, act June 25, 1948, ch. 645, 62 Stat. 692,
related to the acceptance by a Member of Congress of anything of value
to influence him, prior to the general amendment of this chapter by Pub.
L. 87-849 and is substantially covered by revised section 201.
Provisions similar to those comprising this section were contained
in section 283 of this title prior to the repeal of such section and the
general amendment of this chapter by Pub. L. 87-849.
Amendments
2002--Subsec. (d)(1)(B). Pub. L. 107-273 substituted ``group's'' for
``groups's''.
1996--Subsec. (d). Pub. L. 104-177, Sec. 2(a), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: ``Nothing in
subsection (a) or (b) prevents an officer or employee, if not
inconsistent with the faithful performance of his duties, from acting
without compensation as agent or attorney for, or otherwise
representing, any person who is the subject of disciplinary, loyalty, or
other personnel administration proceedings in connection with those
proceedings.''
Subsec. (i). Pub. L. 104-177, Sec. 2(b), added subsec. (i).
1990--Subsec. (a)(2). Pub. L. 101-280, Sec. 5(c)(1), substituted
``civil'' for ``any civil''.
Subsec. (b)(2). Pub. L. 101-280, Sec. 5(c)(2), substituted
``commission'' for ``any commission''.
1989--Pub. L. 101-194 amended section generally, revising and
restating as subsecs. (a) to (h) provisions formerly consisting of eight
undesignated pars.
Effective Date
Section effective 90 days after Oct. 23, 1962, see section 4 of Pub.
L. 87-849, set out as a note under section 201 of this title.
Delegation of Authority
Authority of President under subsec. (e) of this section to grant
exemptions or approvals to individuals delegated to agency heads, see
section 401 of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as
amended, set out as a note under section 7301 of Title 5, Government
Organization and Employees.
Authority of President under subsec. (e) of this section to grant
exemptions or approvals for Presidential appointees to committees,
commissions, boards, or similar groups established by the President, and
for individuals appointed pursuant to sections 105 and 107(a) of Title
3, The President, delegated to Counsel to President, see section 402 of
Ex Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as
a note under section 7301 of Title 5.
Exemptions
Exemptions from former section 283 of this title deemed to be
exemptions from this section, see section 2 of Pub. L. 87-849, set out
as a note under section 203 of this title.
Section Referred to in Other Sections
This section is referred to in sections 202, 206, 216 of this title;
title 5 sections 568, 3374, 3704; title 7 sections 2008m, 2009aa-1,
2009bb-1, 2009dd-2; title 10 section 942; title 12 section 2245; title
15 section 4805; title 16 section 459b-7; title 22 sections 3507, 3508,
3613; title 25 section 450i; title 26 section 7802; title 28 section
594; title 30 section 663; title 38 section 5902; title 40 section
14309; title 41 section 120; title 42 sections 1314, 2297h-3; title 50
section 405; title 50 App. section 463.
