Page:United States Statutes at Large Volume 92 Part 2.djvu/585

 PUBLIC LAW 95-521—OCT. 26, 1978 which the United States or the District of Columbia is a party or has a direct and substantial interest, and "(3) which was actually pending under his official responsibility as an officer or employee within a period of one year prior to the termination of such responsibility, or in which he participated personally and substantially as an officer or employee; or "(c) Whoever, other than a special Government employee who serves for less than sixty days in a given calendar year, having been so employed as specified in subsection (d) of this section, within one year after such employment has ceased, knowingly acts as agent or attorney for, or otherwise represents, anyone other than the United States in any formal or informal appearance before, or, with the intent to influence, makes any oral or written communication on behalf of anyone other than the United States, to— "(1) the department or agency in which he served as an officer or employee, or any officer or employee thereof, and "(2) in connection with any judicial, rulemaking, or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter, and "(3) which is pending before such department or agency or in which such department or agency has a direct and substantial interest—• shall be fined not more than $10,000 or imprisoned for not more than two years, or both. "(d) Subsection (c) of this section shall apply to a person employed— " (1) at a rate of pay specified in or fixed according to subchapter II of chapter 53 of title 5, United States Code, or a comparable or greater rate of pay under other authority; " (2) in a position for which the basic rat© of pay is equal to or greater than the basic rate of pay for GS-17 of the General Schedule prescribed by section 5332 of title 5, United States Code, and who has significant decision-making or supervisory responsibility, as designated by the Director of the Office of Government Ethics, in consultation with the head of the department or agency concerned; "(3) on active duty as a commissioned officer of a uniformed service assigned to a pay grade of 0 - 7 or above as described in section 201 of title 37, United States Code; or "(4) in a position designated by the Director of the Office of Government Ethics. Within twelve months from the date of enactment of this subsection, the Director of the Office of Government Ethics shall designate positions, which are not included under paragraph (2) of this subsection and which involve significant decision-making authority, or other duties which are substantially similar to those exercised by persons covered by paragraph (2) of this subsection. On an annual basis, the Director shall review the positions designated pursuant to this paragraph, making additions and deletions as are necessary to satisfy the purposes of subsection (c). Departments and agencies shall cooperate to the fullest extent with the Director of the Office of Government Ethics in exercising his responsibilities under this paragraph. "(e) For the purposes of subsection (c), whenever the Director of the Office of Government Ethics determines that a separate statutoiy

92 STAT. 1865

Penalty,

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5 USC 5301.

Departments and agencies, cooperation. Rule,

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