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

Summary

Federal officers and employees must not act as a lawyer or agent for someone who is suing or dealing with the United States, or take money or a share of such a claim, when that work is not part of their official job. The rule covers people in the executive, legislative, and judicial branches, in federal agencies, and certain District of Columbia employees. Special government employees (like part-time consultants) are covered only when the matter involves a specific party they personally and substantially worked on as a government person, or when the matter is pending in the agency where they serve. Some exceptions exist. An officer or employee may represent someone in discipline or personnel cases, or a nonprofit group made mostly of current government workers or their spouses/children, unless the matter is a claim against the government, a court/administrative case where the group is a party, or involves federal grant/contract money. They may represent close family or estates unless they personally handled the matter or it is their official duty. An agency head can allow a special employee to work under a grant or contract if the head certifies in writing that the national interest requires it and publishes that certification in the Federal Register. Employees may still testify under oath or make required sworn statements. A “covered matter” means a particular case or issue, like a court case, request for a ruling, contract, claim, investigation, charge, or arrest.

Title 18, §205

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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;

(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;

(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.

(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,

(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.

Notes & Related Subsidiaries

Editorial Notes

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. Chapter 10 of title I of the Act is classified generally to subchapter X (§ 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, § 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, § 2(b), added subsec. (i). 1990—Subsec. (a)(2). Pub. L. 101–280, § 5(c)(1), substituted “civil” for “any civil”. Subsec. (b)(2). Pub. L. 101–280, § 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.

Statutory Notes and Related Subsidiaries

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. ExemptionsExemptions 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.

Executive Documents

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 section 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.

§205 Activities of Officers and Employees in Claims Against and Other Matters Affecting the Government