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.
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. 792Violent 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”;21st Century Department of Justice Appropriations Authorization Act
Pub. L. 107–273 div. A title II § 205(b) · 116 Stat. 1758
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”
Inserted · 18 U.S.C. § 1913
Pub. L. 107–273 inserted “, law, ratification, policy,” after “legislation” wherever appearing
Struck · 18 U.S.C. § 1913
Pub. L. 107–273 struck out “by Congress” before “, whether before or after”
Inserted · 18 U.S.C. § 1913
Pub. L. 107–273 inserted “, measure,” before “or resolution”
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”
Inserted · 18 U.S.C. § 1913
Pub. L. 107–273 inserted “or such official” before “, through the proper”
Substituted · 18 U.S.C. § 1913
Pub. L. 107–273 substituted “for any legislation” for “for legislation”
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.
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
- 1948June 25, 1948, ch. 645, 62 Stat. 792
- 1994Pub. L. 103–322, title XXXIII, § 330016(1)(G), , 108 Stat. 2147
- 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.)