18 U.S.C. § 204 — Practice in United States Court of Federal

Page 62 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 204 [amending this section] shall take effect 30 days after the date of enactment of this Act [Nov. 10, 1986].’’ EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91–405, set out as an Effec- tive Date note under section 25a of Title 2, The Con- gress. EFFECTIVE DATE Section effective 90 days after Oct. 23, 1962, see sec- tion 4 of Pub. L. 87–849, set out as a note under section 201 of this title. EXEMPTIONS Pub. L. 87–849, § 2, Oct. 23, 1962, 76 Stat. 1126, provided in part that: ‘‘All exemptions from the provisions of sections 281, 282, 283, 284, 434, or 1914 of title 18 of the United States Code heretofore created or authorized by statute which are in force on the effective date of this Act [see Effective Date note under section 201 of this title] shall, on and after that date, be deemed to be ex- emptions from sections 203, 204, 205, 207, 208, or 209, re- spectively, of title 18 of the United States Code except to the extent that they affect officers or employees of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, as to whom they are no longer applicable.’’ PRIVATE SECTOR REPRESENTATIVES ON UNITED STATES DELEGATIONS TO INTERNATIONAL TELECOMMUNI- CATIONS MEETINGS AND CONFERENCES Pub. L. 97–241, title I, § 120, Aug. 24, 1982, 96 Stat. 280, provided that: ‘‘(a) Sections 203, 205, 207, and 208 of title 18, United States Code, shall not apply to a private sector rep- resentative on the United States delegation to an inter- national telecommunications meeting or conference who is specifically designated to speak on behalf of or otherwise represent the interests of the United States at such meeting or conference with respect to a par- ticular matter, if the Secretary of State (or the Sec- retary’s designee) certifies that no Government em- ployee on the delegation is as well qualified to rep- resent United States interests with respect to such matter and that such designation serves the national interest. All such representatives shall have on file with the Department of State the financial disclosure report required for special Government employees. ‘‘(b) As used in this section, the term ‘international telecommunications meeting or conference’ means the conferences of the International Telecommunications Union, meetings of its International Consultative Com- mittees for Radio and for Telephone and Telegraph, and such other international telecommunications meetings or conferences as the Secretary of State may des- ignate.’’ Executive Documents DELEGATION OF AUTHORITY Authority of President under subsec. (d) of this sec- tion 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. (d) of this sec- tion to grant exemptions or approvals for Presidential appointees to committees, commissions, boards, or similar groups established by the President, and for in- dividuals appointed pursuant to sections 105 and 107(a) of Title 3, The President, delegated to Counsel to Presi- dent, see section 402 of Ex Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under sec- tion 7301 of Title 5. § 204. Practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Con- gress Whoever, being a Member of Congress or Mem- ber of Congress Elect, practices in the United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit shall be subject to the penalties set forth in sec- tion 216 of this title. (Added Pub. L. 87–849, § 1(a), Oct. 23, 1962, 76 Stat. 1122; amended Pub. L. 91–405, title II, § 204(d)(2), Sept. 22, 1970, 84 Stat. 853; Pub. L. 97–164, title I, § 147, Apr. 2, 1982, 96 Stat. 45; Pub. L. 101–194, title IV, § 403, Nov. 30, 1989, 103 Stat. 1749; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) Editorial Notes PRIOR PROVISIONS A prior section 204, act June 25, 1948, ch. 645, 62 Stat. 692, related to an offer to influence a Member of Con- gress, prior to the general amendment of this chapter by Pub. L. 87–849 and is substantially covered by re- vised section 201. Provisions similar to this section were contained in former section 282 of this title prior to the repeal of such section and the general amendment of this chap- ter by Pub. L. 87–849. AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’ in section catchline and in text. 1989—Pub. L. 101–194 amended section generally. Prior to amendment, section read as follows: ‘‘Whoever, being a Member of Congress, Member of Congress Elect, Delegate from the District of Columbia, Delegate Elect from the District of Columbia, Resident Commissioner, or Resident Commissioner Elect, practices in the United States Claims Court or the United States Court of Appeals for the Federal Circuit, shall be fined not more than $10,000 or imprisoned for not more than two years, or both, and shall be incapable of holding any of- fice of honor, trust, or profit under the United States.’’ 1982—Pub. L. 97–164 substituted ‘‘United States Claims Court or the United States Court of Appeals for the Federal Circuit’’ for ‘‘Court of Claims’’. 1970—Pub. L. 91–405 included references to Delegate from District of Columbia and Delegate Elect from Dis- trict of Columbia. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91–405, set out as an Effec- tive Date note under section 25a of Title 2, The Con- gress. EFFECTIVE DATE Section effective 90 days after Oct. 23, 1962, see sec- tion 4 of Pub. L. 87–849, set out as a note under section 201 of this title. Page 63 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 205 EXEMPTIONS Exemptions from former section 282 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. § 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 re- ceives any gratuity, or any share of or interest in any such claim, in consideration of assist- ance in the prosecution of such claim; or (2) acts as agent or attorney for anyone be- fore 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 sec- tion 216 of this title. (b) Whoever, being an officer or employee of the District of Columbia or an officer or em- ployee of the Office of the United States Attor- ney 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 inter- est in any such claim in consideration of as- sistance in the prosecution of such claim; or (2) acts as agent or attorney for anyone be- fore 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 sec- tion 216 of this title. (c) A special Government employee shall be subject to subsections (a) and (b) only in rela- tion 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, rec- ommendation, the rendering of advice, inves- tigation, or otherwise; or (2) which is pending in the department or agency of the Government in which he is serv- ing. 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 em- ployee’s duties, from acting without compensa- tion as agent or attorney for, or otherwise rep- resenting— (A) any person who is the subject of discipli- nary, loyalty, or other personnel administra- tion proceedings in connection with those pro- ceedings; or (B) except as provided in paragraph (2), any cooperative, voluntary, professional, rec- reational, or similar organization or group not established or operated for profit, if a major- ity 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 re- spect 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 orga- nization or group. (e) Nothing in subsection (a) or (b) prevents an officer or employee, including a special Govern- ment employee, from acting, with or without compensation, as agent or attorney for, or oth- erwise representing, his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardian, executor, ad- ministrator, trustee, or other personal fiduciary except— (1) in those matters in which he has partici- pated personally and substantially as a Gov- ernment employee or special Government em- ployee through decision, approval, dis- approval, 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 per- formance of work under a grant by, or a con- tract 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, con- troversy, investigation, charge, accusation, ar- rest, or other particular matter. (i) Nothing in this section prevents an em- ployee 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 Author- ity Act of 1933 (16 U.S.C. 831b); (4) chapter 10 of title I of the Foreign Serv- ice Act of 1980 (22 U.S.C. 4104 et seq.); or (5) any provision of any other Federal or Dis- trict of Columbia law that authorizes labor-