Page:United States Statutes at Large Volume 103 Part 2.djvu/740

 103 STAT. 1750 PUBLIC LAW 101-194—NOV. 30, 1989 SEC. 404. AMENDMENT TO SECTION 205 OF TITLE 18, UNITED STATES CODE. Section 205 of title 18, United States Code, is amended to read as follows: Mg205. 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, l^islative, 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 depart- > ment, agency, court, court-martial, officer, or any civil, military, - ' or naval commission in connection with any covered matter in which the United States is a party or has a direct and substan- tial interest; shall be subject to the penalties set forth in section 216 of this title. District of "(b) Whoever, being an officer or employee of the District of Columbia. 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 assistcmce in the prosecution of such claim; or "(2) acts as agent or attorney for anyone before any depart- ment, agency, court, officer, or any commission in connection with any covered matter in which the District of Columbia is a rarty or has a direct and substantial interest; be subject to the penalties set forth in section 216 of this title. "(c) A special Government employee shall be subject to subsec- tions (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, recommenda- tion, 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) Nothing in subsection (a) or (b) prevents an officer or em- ployee, 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 discipli- nary, loyalty, or other personnel administration proceedings in connection with those proceedings. "(e) Nothing in subsection (a) or (b) prevents an officer or em- ployee, 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

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