§ 203. — Compensation to Members of Congress, officers, and others in matters affecting the Government.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC203]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
Sec. 203. Compensation to Members of Congress, officers, and
others in matters affecting the Government
(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.
(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.''
Section Referred to in Other Sections
This section is referred to in sections 202, 206, 216 of this title;
title 5 sections 568, 3374, 3704; title 7 sections 2009aa-1, 2009bb-1;
title 12 section 2245; title 15 section 4805; title 16 section 459b-7;
title 22 sections 3507, 3508, 3613; title 26 section 7802; title 28
section 594; title 30 section 663; title 38 section 5902; title 40
section 14309; title 42 section 1314; title 50 section 405; title 50
App. section 463.
