Page:United States Statutes at Large Volume 103 Part 2.djvu/707

 PUBLIC LAW 101-194—NOV. 30, 1989 103 STAT. 1717 influence, any communication to or appearance before any officer or employee of any department, agency, court, or court- martial of the United States or the District of Columbia, on behalf of any other person (except the United States), in connec- tion with a particular matter— "(A) in which the United States is a party or has a direct and substantial interest, "(B) which such person knows or reasonably should know was actually pending under his or her official responsibility as such officer or employee within a period of 1 year before the termination of his or her service or employment with the United States Government or the District of (Columbia, and "(C) which involved a specific party or specific parties at the time it was so pending, shall be punished as provided in section 216 of this title. " (b) ONE-YEAR RESTRICTIONS ON AIDING OR ADVISING. — "(1) IN GENERAL. —Any person who is a former officer or employee subject to the restrictions contained in subsection (a)(1), and any person described in subsection (e)(7), who person- ally and substantially participated in any ongoing trade or treaty negotiation on behalf of the United States within the 1- year period preceding the date on which his or her service or employment with the United States terminated, and who had access to information concerning such trade or treaty negotia- tion which is exempt from disclosure under section 552 of title 5, and which is so designated by the appropriate department or agency, shall not, on the basis of that information, which the person knew or should have known was so designated, know- ingly represent, aid, or advise any other person (except the United States) concerning such ongoing trade or treaty negotia- tion for 1 year after his or her service or employment with the • United States Government terminates. Any person who violates this subsection shall be punished as provided in section 216 of this title. "(2) DEFINITION.— For purposes of this paragraph— "(A) the term 'trade negotiation' means negotiations which the President determines to undertake to enter into a trade agreement pursuant to section 1102 of the Omnibus Trade and Competitiveness Act of 1988, and does not include any action taken before that determination is made; and "(B) the term 'treaty' means an international agreement made by the President that requires the advice and consent of the Senate. " (c) ONE-YEAR RESTRICTIONS ON CERTAIN SENIOR PERSONNEL OF THE EXECUTIVE BRANCH AND INDEPENDENT AGENCIES.— "(1) RESTRICTIONS. — In addition to the restrictions set forth in subsections (a) and (b), any person who is an officer or employee of the executive branch (including an independent agency), who is referred to in paragraph (2), and who, within 1 year after the termination of his or her service or employment as such officer or employee, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of the department or agency in which such person served within 1 year before such termination, on behalf of any other person (except the United States), in connection with any matter on

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