Whoever, being a covered government person, with the intent to influence, solely on the basis of partisan political affiliation, an employment decision or employment practice of any private entity—
takes or withholds, or offers or threatens to take or withhold, an official act, or
influences, or offers or threatens to influence, the official act of another,
shall be fined under this title or imprisoned for not more than 15 years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.
In this section, the term “covered government person” means—
a Senator or Representative in, or a Delegate or Resident Commissioner to, the Congress;
an employee of either House of Congress; or
section 2105 of title 5 the President, Vice President, an employee of the United States Postal Service or the Postal Regulatory Commission, or any other executive branch employee (as such term is defined under , United States Code).
Pub. L. 110–81, title I, § 102(a)121 Stat. 739Pub. L. 112–105, § 18(a)126 Stat. 304(Added , , ; amended , , .)
Editorial Notes
Amendments
Pub. L. 112–1052012— inserted “or an officer or employee of the legislative or executive branch” after “Congress” in section catchline, designated existing provisions as subsec. (a), substituted “a covered government person” for “a Senator or Representative in, or a Delegate or Resident Commissioner to, the Congress or an employee of either House of Congress” in introductory provisions, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 110–81, title I, § 105(b)121 Stat. 741
“The amendments made by section 102 [enacting this section] shall take effect on the date of the enactment of this Act [].”
, , , provided that:
Construction
Pub. L. 110–81, title I, § 102(b)121 Stat. 739
section 227 of title 18section 227 of title 18“Nothing in , United States Code, as added by this section, shall be construed to create any inference with respect to whether the activity described in , United States Code, was a criminal or civil offense before the enactment of this Act [], including under section 201(b), 201(c), any of sections 203 through 209, or section 872, of title 18, United States Code.”
, , , provided that: