CITE

    18 USC Sec. 203                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

HEAD

    Sec. 203. Compensation to Members of Congress, officers, and others
      in matters affecting the Government

STATUTE

      (a) Whoever, otherwise than as provided by law for the proper
    discharge of official duties, directly or indirectly -
        (1) demands, seeks, receives, accepts, or agrees to receive or
      accept any compensation for any representational services, as
      agent or attorney or otherwise, rendered or to be rendered either
      personally or by another -
          (A) at a time when such person is a Member of Congress,
        Member of Congress Elect, Delegate, Delegate Elect, Resident
        Commissioner, or Resident Commissioner Elect; or
          (B) at a time when such person is an officer or employee or
        Federal judge of the United States in the executive,
        legislative, or judicial branch of the Government, or in any
        agency of the United States,
      in relation to any proceeding, application, request for a ruling
      or other determination, contract, claim, controversy, charge,
      accusation, arrest, or other particular matter in which the
      United States is a party or has a direct and substantial
      interest, before any department, agency, court, court-martial,
      officer, or any civil, military, or naval commission; or
        (2) knowingly gives, promises, or offers any compensation for
      any such representational services rendered or to be rendered at
      a time when the person to whom the compensation is given,
      promised, or offered, is or was such a Member, Member Elect,
      Delegate, Delegate Elect, Commissioner, Commissioner Elect,
      Federal judge, officer, or employee;
        shall be subject to the penalties set forth in section 216 of
      this title.
      (b) Whoever, otherwise than as provided by law for the proper
    discharge of official duties, directly or indirectly -
        (1) demands, seeks, receives, accepts, or agrees to receive or
      accept any compensation for any representational services, as
      agent or attorney or otherwise, rendered or to be rendered either
      personally or by another, at a time when such person is an
      officer or employee of the District of Columbia, in relation to
      any proceeding, application, request for a ruling or other
      determination, contract, claim, controversy, charge, accusation,
      arrest, or other particular matter in which the District of
      Columbia is a party or has a direct and substantial interest,
      before any department, agency, court, officer, or commission; or
        (2) knowingly gives, promises, or offers any compensation for
      any such representational services rendered or to be rendered at
      a time when the person to whom the compensation is given,
      promised, or offered, is or was an officer or employee of the
      District of Columbia;
    shall be subject to the penalties set forth in section 216 of this
    title.
      (c) A special Government employee shall be subject to subsections
    (a) and (b) only in relation to a particular matter involving a
    specific party or parties -
        (1) in which such employee has at any time participated
      personally and substantially as a Government employee or as a
      special Government employee through decision, approval,
      disapproval, recommendation, the rendering of advice,
      investigation or otherwise; or
        (2) which is pending in the department or agency of the
      Government in which such employee is serving except that
      paragraph (2) of this subsection 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 this section prevents an officer or employee,
    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
    for any estate for which, he is serving as guardian, executor,
    administrator, trustee, or other personal fiduciary except -
        (1) in those matters in which he has participated personally
      and substantially as a Government employee or as a special
      Government employee through decision, approval, disapproval,
      recommendation, the rendering of advice, investigation, or
      otherwise; or
        (2) in those matters that are the subject of his official
      responsibility,
    subject to approval by the Government official responsible for
    appointment to his position.
      (e) Nothing in this section prevents a special Government
    employee from acting as agent or attorney for another person in the
    performance of work under a grant by, or a contract with or for the
    benefit of, the United States if the head of the department or
    agency concerned with the grant or contract certifies in writing
    that the national interest so requires and publishes such
    certification in the Federal Register.
      (f) Nothing in this section prevents an individual from giving
    testimony under oath or from making statements required to be made
    under penalty of perjury.

SOURCE

    (Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1121;
    amended Pub. L. 91-405, title II, Sec. 204(d)(2), (3), Sept. 22,
    1970, 84 Stat. 853; Pub. L. 99-646, Sec. 47(a), Nov. 10, 1986, 100
    Stat. 3604; Pub. L. 101-194, title IV, Sec. 402, Nov. 30, 1989, 103
    Stat. 1748; Pub. L. 101-280, Sec. 5(b), May 4, 1990, 104 Stat.
    159.)

PRIOR PROVISIONS

      A prior section 203, act June 25, 1948, ch. 645, 62 Stat. 692,
    related to the acceptance or demand by district attorneys, or
    marshals and their assistants of any fee other than provided by
    law, prior to the general amendment of this chapter by Pub. L. 87-
    849 and is substantially covered by revised section 201.
      Provisions similar to those comprising this section were
    contained in section 281 of this title prior to the repeal of such
    section and the general amendment of this chapter by Pub. L. 87-
    849.
                                AMENDMENTS
      1990 - Subsec. (a)(1)(B). Pub. L. 101-280, Sec. 5(b)(1), inserted
    "or Federal judge" after "employee".
      Subsec. (a)(2). Pub. L. 101-280, Sec. 5(b)(2), inserted
    "Commissioner Elect, Federal judge," after "Commissioner,".
      Subsec. (b)(2). Pub. L. 101-280, Sec. 5(b)(3), inserted
    "representational" before "services".
      Subsec. (d)(1). Pub. L. 101-280, Sec. 5(b)(4), substituted
    "Government employee or as a special Government employee" for
    "Government employee,".
      Subsec. (f). Pub. L. 101-280, Sec. 5(b)(5), added subsec. (f).
      1989 - Subsec. (a). Pub. L. 101-194, Sec. 402(3), in concluding
    provisions, substituted "shall be subject to the penalties set
    forth in section 216 of this title" for "shall be fined under this
    title or imprisoned for not more than two years, or both; and shall
    be incapable of holding any office of honor, trust, or profit under
    the United States".
      Subsec. (a)(1). Pub. L. 101-194, Sec. 402(1), (2), (7), in
    introductory provisions, substituted "representational services, as
    agent or attorney or otherwise," for "services", in concluding
    provisions, inserted "court," after "department, agency," and in
    subpar. (B), struck out "including the District of Columbia," after
    "agency of the United States".
      Subsec. (a)(2). Pub. L. 101-194, Sec. 402(4)-(6), inserted
    "representational" before "services", "Member Elect," after
    "Member," and "Delegate Elect," after "Delegate,".
      Subsec. (b). Pub. L. 101-194, Sec. 402(9), added subsec. (b).
    Former subsec. (b) redesignated (c).
      Subsec. (c). Pub. L. 101-194, Sec. 402(8), redesignated subsec.
    (b) as (c) and substituted "subsections (a) and (b)" for
    "subsection (a)".
      Subsecs. (d), (e). Pub. L. 101-194, Sec. 402(10), added subsecs.
    (d) and (e).
      1986 - Pub. L. 99-646, Sec. 47(a)(3)(D), provided for alignment
    of margins of each subsection, paragraph, and subparagraph of this
    section.
      Subsec. (a). Pub. L. 99-646, Sec. 47(a)(1), (2), substituted
    "indirectly - " for "indirectly" in introductory provisions,
    redesignated the undesignated par. which followed former subsec.
    (b) as concluding par. of subsec. (a), and substituted "shall be
    fined under this title" for "Shall be fined not more than $10,000".
      Subsec. (a)(1). Pub. L. 99-646, Sec. 47(a)(1), substituted "(1)
    demands, seeks, receives, accepts, or agrees to receive or accept
    any" for "receives or agrees to receive, or asks, demands,
    solicits, or seeks, any" and "personally or by" for "by himself
    or", redesignated former par. (1) as subpar. (A) and substituted
    "such person" for "he" and "Delegate, Delegate Elect" for "Delegate
    from the District of Columbia, Delegate Elect from the District of
    Columbia", redesignated former par. (2) as subpar. (B) and
    substituted "such person" for "he", and in closing provisions
    substituted "commission; or" for "commission, or".
      Subsec. (a)(2). Pub. L. 99-646, Sec. 47(a)(2), redesignated
    former subsec. (b) as par. (2) and substituted "knowingly gives"
    for "Whoever, knowingly, otherwise than as provided by law for the
    proper discharge of official duties, directly or indirectly gives"
    and "employee;" for "employee - ".
      Subsecs. (b), (c). Pub. L. 99-646, Sec. 47(a)(3), (4),
    redesignated former subsec. (c) as (b) and substituted "parties - "
    for "parties", "such employee" for "he", "otherwise; or" for
    "otherwise, or", and "in which such employee is serving except that
    paragraph (2) of this subsection" for "in which he is serving:
    Provided, That clause (2)". Former subsec. (b) redesignated (a)(2).
      1970 - Subsec. (a)(1). Pub. L. 91-405, Sec. 204(d)(2), included
    references to Delegate from District of Columbia and Delegate Elect
    from District of Columbia.
      Subsec. (b). Pub. L. 91-405, Sec. 204(d)(3), included reference
    to Delegate.
                     EFFECTIVE DATE OF 1986 AMENDMENT
      Section 47(b) of Pub. L. 99-646 provided that: "The amendments
    made by this section [amending this section] shall take effect 30
    days after the date of enactment of this Act [Nov. 10, 1986]."
                     EFFECTIVE DATE OF 1970 AMENDMENT
      Amendment by Pub. L. 91-405 effective Sept. 22, 1970, see section
    206(b) of Pub. L. 91-405, set out as an Effective Date note under
    section 25a of Title 2, The Congress.
                              EFFECTIVE DATE
      Section effective 90 days after Oct. 23, 1962, see section 4 of
    Pub. L. 87-849, set out as a note under section 201 of this title.

DELEGATION OF AUTHORITY

      Authority of President under subsec. (d) of this section to grant
    exemptions or approvals to individuals delegated to agency heads,
    see section 401 of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R.
    15159, as amended, set out as a note under section 7301 of Title 5,
    Government Organization and Employees.
      Authority of President under subsec. (d) of this section to grant
    exemptions or approvals for Presidential appointees to committees,
    commissions, boards, or similar groups established by the
    President, and for individuals appointed pursuant to sections 105
    and 107(a) of Title 3, The President, delegated to Counsel to
    President, see section 402 of Ex Ord. No. 12674, Apr. 12, 1989, 54
    F.R. 15159, as amended, set out as a note under section 7301 of
    Title 5.

EXEMPTIONS

      Section 2 of Pub. L. 87-849 provided in part that: "All
    exemptions from the provisions of sections 281, 282, 283, 284, 434,
    or 1914 of title 18 of the United States Code heretofore created or
    authorized by statute which are in force on the effective date of
    this Act [see Effective Date note under section 201 of this title]
    shall, on and after that date, be deemed to be exemptions from
    sections 203, 204, 205, 207, 208, or 209, respectively, of title 18
    of the United States Code except to the extent that they affect
    officers or employees of the executive branch of the United States
    Government, of any independent agency of the United States, or of
    the District of Columbia, as to whom they are no longer
    applicable."
      PRIVATE SECTOR REPRESENTATIVES ON UNITED STATES DELEGATIONS TO
         INTERNATIONAL TELECOMMUNICATIONS MEETINGS AND CONFERENCES
      Pub. L. 97-241, title I, Sec. 120, Aug. 24, 1982, 96 Stat. 280,
    provided that:
      "(a) Sections 203, 205, 207, and 208 of title 18, United States
    Code, shall not apply to a private sector representative on the
    United States delegation to an international telecommunications
    meeting or conference who is specifically designated to speak on
    behalf of or otherwise represent the interests of the United States
    at such meeting or conference with respect to a particular matter,
    if the Secretary of State (or the Secretary's designee) certifies
    that no Government employee on the delegation is as well qualified
    to represent United States interests with respect to such matter
    and that such designation serves the national interest. All such
    representatives shall have on file with the Department of State the
    financial disclosure report required for special Government
    employees.
      "(b) As used in this section, the term 'international
    telecommunications meeting or conference' means the conferences of
    the International Telecommunications Union, meetings of its
    International Consultative Committees for Radio and for Telephone
    and Telegraph, and such other international telecommunications
    meetings or conferences as the Secretary of State may designate."