§1913 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Federal money must not be used, unless Congress clearly says so, to pay for things meant to sway a Member of Congress, a government, or an official to support or oppose any law, policy, ratification, appropriation, or vote. This covers ads, calls, letters, printed materials, personal services, or other similar things before or after a bill is introduced. Federal officers may speak when a Member or official asks, or send requests through official channels for needed laws or funding, and the Attorney General can allow communications that would otherwise raise constitutional or national security concerns. Breaking this rule counts as a violation of section 1352(a) of title 31.

Title 18, §1913

Crimes and Criminal Procedure — Source: USLM XML via OLRC

No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Member or official, at his request, or to Congress or such official, through the proper official channels, requests for any legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352(a) of title 31.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 201 (July 11, 1919, ch. 6, § 6, 41 Stat. 68). Reference to “department” and “agency” was added in three instances after the words “United States” to remove doubt as to the scope of the section. (See definitions of “department” and “agency” in section 6 of this title.) Reference to the offense as a misdemeanor was omitted as unnecessary in view of the definitive section 1 of this title. Words “on conviction thereof” were omitted as surplusage since punishment can be imposed only after conviction. Minor changes were made in phraseology.

Editorial Notes

Amendments

2002—Pub. L. 107–273 substituted “a jurisdiction, or an official of any government, to favor, adopt,” for “to favor”, inserted “, law, ratification, policy,” after “legislation” wherever appearing, struck out “by Congress” before “, whether before or after”, inserted “, measure,” before “or resolution”, substituted “any such Member or official, at his request,” for “Members of Congress on the request of any Member”, inserted “or such official” before “, through the proper”, substituted “for any legislation” for “for legislation”, substituted “, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352(a) of title 31.” for period at end of first par., and struck out last par. which read as follows: “Whoever, being an officer or employee of the United States or of any department or agency thereof, violates or attempts to violate this section, shall be fined under this title or imprisoned not more than one year, or both; and after notice and hearing by the superior officer vested with the power of removing him, shall be removed from office or employment.” 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $500” in last par.

§1913 Lobbying with appropriated moneys