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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 93 — Public Officers and Employees

§ 1913. Lobbying with appropriated moneys

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 1913

    June 25, 1948, ch. 645, 62 Stat. 792

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 792

  2. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 title XXXIII § 330016(1)(G) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 1913

    Pub. L. 103–322 substituted “fined under this title” for “fined not more than $500” in last par

    Source evidence

    Code amendment note
    Pub. L. 103–322 substituted “fined under this title” for “fined not more than $500” in last par.

    Enacted provision · exact public law section
    (G) in sections 4, 41, 42, 46, 47, 112, 154, 244, 288, 290, 336, 475, 501, 502, 755, 872, 875, 876, 877, 917, 1013, 1018, 1024, 1154, 1155, 1156, 1382, 1541, 1700, 1703, 1704, 1707, 1712, 1713, 1720, 1721, 1722, 1729, 1731, 1734, 1752, 1793, 1856, 1857, 1863, 1912, 1913, 1922, 2074, 2195, and 2511 by striking “not more than $500” each place it appears and inserting “under this title”;

  3. 21st Century Department of Justice Appropriations Authorization Act

    Pub. L. 107–273 div. A title II § 205(b) · 116 Stat. 1758

    1. Substituted · 18 U.S.C. § 1913

      Pub. L. 107–273 substituted “a jurisdiction, or an official of any government, to favor, adopt,” for “to favor”

    2. Inserted · 18 U.S.C. § 1913

      Pub. L. 107–273 inserted “, law, ratification, policy,” after “legislation” wherever appearing

    3. Struck · 18 U.S.C. § 1913

      Pub. L. 107–273 struck out “by Congress” before “, whether before or after”

    4. Inserted · 18 U.S.C. § 1913

      Pub. L. 107–273 inserted “, measure,” before “or resolution”

    5. Substituted · 18 U.S.C. § 1913

      Pub. L. 107–273 substituted “any such Member or official, at his request,” for “Members of Congress on the request of any Member”

    6. Inserted · 18 U.S.C. § 1913

      Pub. L. 107–273 inserted “or such official” before “, through the proper”

    7. Substituted · 18 U.S.C. § 1913

      Pub. L. 107–273 substituted “for any legislation” for “for legislation”

    8. Substituted · 18 U.S.C. § 1913

      Pub. L. 107–273 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.

    9. Struck · 18 U.S.C. § 1913

      Pub. L. 107–273 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (b) Section 1913 of title 18, United States Code, is amended by striking “to favor” and inserting “a jurisdiction, or an official of any government, to favor, adopt,”, by inserting “, law, ratification, policy,” after “legislation” every place it appears, by striking “by Congress” the 2d place it appears, by inserting “or such official” before “, through the proper”, by inserting “, measure,” before “or resolution”, by striking “Members of Congress on the request of any Member” and inserting “any such Member or official, at his request,”, by striking “for legislation” and inserting “for any legislation”, and by striking the period and the paragraph following “business” and inserting “, 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.”.

10 of 11 references resolved to an enrolled provision · 1 partial

Notes

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

Amendments1994–2002 · 2 rounds

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.

Credits

1948–2002 · 3 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 792
  2. 1994Pub. L. 103–322, title XXXIII, § 330016(1)(G), , 108 Stat. 2147
  3. 2002Pub. L. 107–273, div. A, title II, § 205(b), , 116 Stat. 1778.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 792; Pub. L. 103–322, title XXXIII, § 330016(1)(G), , 108 Stat. 2147; Pub. L. 107–273, div. A, title II, § 205(b), , 116 Stat. 1778.)

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