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119th Congress

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119th Congress

Title 18 — Crimes and Criminal Procedure

Part I · Chapter 11 — Bribery, Graft, and Conflicts of Interest

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

Statutory text

(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.

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. 87–849 § 1(a) · 76 Stat. 1119

    Enacted · 18 U.S.C. § 203

    Added Pub. L. 87–849, § 1(a), Oct. 23, 1962, 76 Stat. 1121

    Source evidence

    Code source credit
    Added Pub. L. 87–849, § 1(a), Oct. 23, 1962, 76 Stat. 1121

  2. District of Columbia Delegate Act

    Pub. L. 91–405 § 204(d)(2) · 84 Stat. 845

    Changed · 18 U.S.C. § 203(a)(1)

    Pub. L. 91–405, § 204(d)(2), included references to Delegate from District of Columbia and Delegate Elect from District of Columbia

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 91–405, § 204(d)(2), included references to Delegate from District of Columbia and Delegate Elect from District of Columbia.

    Enacted provision · exact public law section
    (2) Sections 203(a)(1) and 204 of title 18 of the United States Code are each amended by inserting “Delegate from the District of Columbia, Delegate Elect from the District of Columbia,” immediately after “Member of Congress Elect,”.

  3. District of Columbia Delegate Act

    Pub. L. 91–405 § 204(d)(3) · 84 Stat. 845

    Changed · 18 U.S.C. § 203(b)

    Pub. L. 91–405, § 204(d)(3), included reference to Delegate

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 91–405, § 204(d)(3), included reference to Delegate.

    Enacted provision · exact public law section
    (3) Section 203(b) of title 18 of the United States Code is amended by inserting “Delegate,” immediately after “Member,”.

  4. Criminal Law and Procedure Technical Amendments Act of 1986

    Pub. L. 99–646 § 47(a)(3)(D) · 100 Stat. 3592

    Changed · 18 U.S.C. § 203

    Pub. L. 99–646, § 47(a)(3)(D), provided for alignment of margins of each subsection, paragraph, and subparagraph of this section

    Source evidence

    Code amendment note
    Pub. L. 99–646, § 47(a)(3)(D), provided for alignment of margins of each subsection, paragraph, and subparagraph of this section.

    Enacted provision · exact public law section
    (D) section 203 of title 18, United States Code, as amended by this section is further amended so that the margins of each subsection, and of the paragraphs and subparagraphs of each subsection, are flush, indented 2 ems, and indented 4 ems, respectively; and

    Effective date note
    Pub. L. 99–646, § 47(b), Nov. 10, 1986, 100 Stat. 3605, 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].”

  5. Criminal Law and Procedure Technical Amendments Act of 1986

    Pub. L. 99–646 § 47(a)(1) · 100 Stat. 3592

    1. Substituted · 18 U.S.C. § 203(a)

      Pub. L. 99–646, § 47(a)(1), (2), substituted “indirectly—” for “indirectly” in introductory provisions

    2. Redesignated · 18 U.S.C. § 203(a)

      Pub. L. 99–646, § 47(a)(1), (2), redesignated the undesignated par. which followed former subsec. (b) as concluding par. of subsec. (a)

    3. Substituted · 18 U.S.C. § 203(a)

      Pub. L. 99–646, § 47(a)(1), (2), substituted “shall be fined under this title” for “Shall be fined not more than $10,000”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–646, § 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”.

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking out “indirectly receives or agrees to receive, or asks, demands, solicits, or seeks, any” and inserting in lieu thereof the following: “indirectly— “(1) demands, seeks, receives, accepts, or agrees to receive or accept any”; (B) by striking out “by himself or another—” and inserting in lieu thereof “personally or by another—”; (C) by striking out “(1) at a time when he” and inserting in lieu thereof the following: “(A) at a time when such person”; (D) District of Columbia. by striking out “Delegate from the District of Columbia, Delegate Elect from the District of Columbia,” and inserting in lieu thereof “Delegate, Delegate Elect,”; (E) by striking out “(2) at a time when he” and inserting in lieu thereof the following: “(B) at a time when such person”; and (F) by striking out “commission, or” and inserting “commission; or” in lieu thereof;

    Effective date note
    Pub. L. 99–646, § 47(b), Nov. 10, 1986, 100 Stat. 3605, 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].”

  6. Criminal Law and Procedure Technical Amendments Act of 1986

    Pub. L. 99–646 § 47(a)(1) · 100 Stat. 3592

    1. Substituted · 18 U.S.C. § 203(a)(1)

      Pub. L. 99–646, § 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”

    2. Substituted · 18 U.S.C. § 203(a)(1)

      Pub. L. 99–646, § 47(a)(1), substituted “personally or by” for “by himself or”

    3. Redesignated · 18 U.S.C. § 203(a)(1)

      Pub. L. 99–646, § 47(a)(1), redesignated former par. (1) as subpar. (A)

    4. Substituted · 18 U.S.C. § 203(a)(1)

      Pub. L. 99–646, § 47(a)(1), substituted “such person” for “he”

    5. Substituted · 18 U.S.C. § 203(a)(1)

      Pub. L. 99–646, § 47(a)(1), substituted “Delegate, Delegate Elect” for “Delegate from the District of Columbia, Delegate Elect from the District of Columbia”

    6. Redesignated · 18 U.S.C. § 203(a)(1)

      Pub. L. 99–646, § 47(a)(1), redesignated former par. (2) as subpar. (B)

    7. Substituted · 18 U.S.C. § 203(a)(1)

      Pub. L. 99–646, § 47(a)(1), substituted “commission; or” for “commission, or”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 99–646, § 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”.

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking out “indirectly receives or agrees to receive, or asks, demands, solicits, or seeks, any” and inserting in lieu thereof the following: “indirectly— “(1) demands, seeks, receives, accepts, or agrees to receive or accept any”; (B) by striking out “by himself or another—” and inserting in lieu thereof “personally or by another—”; (C) by striking out “(1) at a time when he” and inserting in lieu thereof the following: “(A) at a time when such person”; (D) District of Columbia. by striking out “Delegate from the District of Columbia, Delegate Elect from the District of Columbia,” and inserting in lieu thereof “Delegate, Delegate Elect,”; (E) by striking out “(2) at a time when he” and inserting in lieu thereof the following: “(B) at a time when such person”; and (F) by striking out “commission, or” and inserting “commission; or” in lieu thereof;

    Effective date note
    Pub. L. 99–646, § 47(b), Nov. 10, 1986, 100 Stat. 3605, 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].”

  7. Criminal Law and Procedure Technical Amendments Act of 1986

    Pub. L. 99–646 § 47(a)(2) · 100 Stat. 3592

    1. Redesignated · 18 U.S.C. § 203(a)(2)

      Pub. L. 99–646, § 47(a)(2), redesignated former subsec. (b) as par. (2)

    2. Substituted · 18 U.S.C. § 203(a)(2)

      Pub. L. 99–646, § 47(a)(2), substituted “knowingly gives” for “Whoever, knowingly, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly gives”

    3. Substituted · 18 U.S.C. § 203(a)(2)

      Pub. L. 99–646, § 47(a)(2), substituted “employee;” for “employee—”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 99–646, § 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—”.

    Enacted provision · exact public law section
    (2) in subsection (b)— (A) by striking out “(b) Whoever, knowingly, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly gives,” and inserting in lieu thereof the following: “(2) knowingly gives,”; and (B) by striking out “employee—” and inserting “employee;” in lieu thereof; and (C) in the undesignated paragraph, by striking out “Shall be fined not more than $10,000” and inserting in lieu thereof “shall be fined under this title”;

    Effective date note
    Pub. L. 99–646, § 47(b), Nov. 10, 1986, 100 Stat. 3605, 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].”

  8. Criminal Law and Procedure Technical Amendments Act of 1986

    Pub. L. 99–646 § 47(a)(3) · 100 Stat. 3592

    1. Redesignated · 18 U.S.C. § 203(b); 18 U.S.C. § 203(c)

      Pub. L. 99–646, § 47(a)(3), (4), redesignated former subsec. (c) as (b)

    2. Redesignated · 18 U.S.C. § 203(b); 18 U.S.C. § 203(c)

      Pub. L. 99–646, § 47(a)(3), (4), 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)

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 99–646, § 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).

    Enacted provision · exact public law section
    (3) in subsection (c)— (A) by striking out “parties (1) in which he” and inserting in lieu thereof the following: “parties— “(1) in which such employee”; (B) by striking out “otherwise, or (2) which is pending” and inserting in lieu thereof the following: “otherwise; or “(2) which is pending”; (C) by striking out “in which he is serving: Provided, That clause (2)” and inserting “in which such employee is serving except that paragraph (2) of this subsection”; and (D) section 203 of title 18, United States Code, as amended by this section is further amended so that the margins of each subsection, and of the paragraphs and subparagraphs of each subsection, are flush, indented 2 ems, and indented 4 ems, respectively; and

    Effective date note
    Pub. L. 99–646, § 47(b), Nov. 10, 1986, 100 Stat. 3605, 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].”

  9. Ethics Reform Act of 1989

    Pub. L. 101–194 § 402(3) · 103 Stat. 1716

    Substituted · 18 U.S.C. § 203(a)

    Pub. L. 101–194, § 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”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–194, § 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”.

    Enacted provision · exact public law section
    (3) striking “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” in subsection (a) and inserting “shall be subject to the penalties set forth in section 216 of this title”;

  10. Ethics Reform Act of 1989

    Pub. L. 101–194 § 402(1) · 103 Stat. 1716

    1. Substituted · 18 U.S.C. § 203(a)(1)

      Pub. L. 101–194, § 402(1), (2), (7), in introductory provisions, substituted “representational services, as agent or attorney or otherwise,” for “services”, in concluding provisions

    2. Inserted · 18 U.S.C. § 203(a)(1)

      Pub. L. 101–194, § 402(1), (2), (7), in introductory provisions, inserted “court,” after “department, agency,” and in subpar. (B)

    3. Struck · 18 U.S.C. § 203(a)(1)

      Pub. L. 101–194, § 402(1), (2), (7), in introductory provisions, struck out “including the District of Columbia,” after “agency of the United States”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 101–194, § 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”.

    Enacted provision · exact public law section
    (1) striking “services” the first place it appears in subsection (a)(1) and inserting “representational services, as agent or attorney or otherwise,”;

  11. Ethics Reform Act of 1989

    Pub. L. 101–194 § 402(4) · 103 Stat. 1716

    Inserted · 18 U.S.C. § 203(a)(2)

    Pub. L. 101–194, § 402(4)–(6), inserted “representational” before “services”, “Member Elect,” after “Member,” and “Delegate Elect,” after “Delegate,”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 101–194, § 402(4)–(6), inserted “representational” before “services”, “Member Elect,” after “Member,” and “Delegate Elect,” after “Delegate,”.

    Enacted provision · exact public law section
    (4) inserting “representational” before “services” in subsection (a)(2);

  12. Ethics Reform Act of 1989

    Pub. L. 101–194 § 402(9) · 103 Stat. 1716

    Redesignated · 18 U.S.C. § 203(b)

    Pub. L. 101–194, § 402(9), added subsec. (b). Former subsec. (b) redesignated (c)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–194, § 402(9), added subsec. (b). Former subsec. (b) redesignated (c).

    Enacted provision · exact public law section
    (9) by inserting after subsection (a) the following: “(b) Whoever, otherwise than as provided by law for the proper District of Columbia. 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 of 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 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.”; and

  13. Ethics Reform Act of 1989

    Pub. L. 101–194 § 402(8) · 103 Stat. 1716

    1. Redesignated · 18 U.S.C. § 203(c)

      Pub. L. 101–194, § 402(8), redesignated subsec. (b) as (c)

    2. Substituted · 18 U.S.C. § 203(c)

      Pub. L. 101–194, § 402(8), substituted “subsections (a) and (b)” for “subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–194, § 402(8), redesignated subsec. (b) as (c) and substituted “subsections (a) and (b)” for “subsection (a)”.

    Enacted provision · exact public law section
    (8) in subsection (b)— (A) by redesignating such subsection as subsection (c); and (B) by striking “subsection (a)” and inserting “subsections (a) and (b)”;

  14. Ethics Reform Act of 1989

    Pub. L. 101–194 § 402(10) · 103 Stat. 1716

    Added · 18 U.S.C. § 203(d); 18 U.S.C. § 203(e)

    Pub. L. 101–194, § 402(10), added subsecs. (d) and (e)

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 101–194, § 402(10), added subsecs. (d) and (e).

    Enacted provision · exact public law section
    (10) adding at the end the following: “(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, 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 Grants. Contracts. Federal Register, publication. 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.”.

  15. Pub. L. 101–280 § 5(b)(1) · 104 Stat. 149

    Inserted · 18 U.S.C. § 203(a)(1)(B)

    Pub. L. 101–280, § 5(b)(1), inserted “or Federal judge” after “employee”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 101–280, § 5(b)(1), inserted “or Federal judge” after “employee”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1)(B) by inserting “or Federal judge” after “employee”;

  16. Pub. L. 101–280 § 5(b)(2) · 104 Stat. 149

    Inserted · 18 U.S.C. § 203(a)(2)

    Pub. L. 101–280, § 5(b)(2), inserted “Commissioner Elect, Federal judge,” after “Commissioner,”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 101–280, § 5(b)(2), inserted “Commissioner Elect, Federal judge,” after “Commissioner,”.

    Enacted provision · exact public law section
    (2) in subsection (a)(2) by inserting “Commissioner Elect, Federal judge,” after “Commissioner,”;

  17. Pub. L. 101–280 § 5(b)(3) · 104 Stat. 149

    Inserted · 18 U.S.C. § 203(b)(2)

    Pub. L. 101–280, § 5(b)(3), inserted “representational” before “services”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 101–280, § 5(b)(3), inserted “representational” before “services”.

    Enacted provision · exact public law section
    (3) in subsection (b)(2) by inserting “representational” before “services”;

  18. Pub. L. 101–280 § 5(b)(4) · 104 Stat. 149

    Substituted · 18 U.S.C. § 203(d)(1)

    Pub. L. 101–280, § 5(b)(4), substituted “Government employee or as a special Government employee” for “Government employee,”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 101–280, § 5(b)(4), substituted “Government employee or as a special Government employee” for “Government employee,”.

    Enacted provision · exact public law section
    (4) in subsection (d)(1) by striking “Government employee,” and inserting “Government employee or as a special Government employee”; and

  19. Pub. L. 101–280 § 5(b)(5) · 104 Stat. 149

    Added · 18 U.S.C. § 203(f)

    Pub. L. 101–280, § 5(b)(5), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–280, § 5(b)(5), added subsec. (f).

    Enacted provision · exact public law section
    (5) by adding after subsection (e) the following new subsection: “(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.”.

32 of 33 references resolved to an enrolled provision · 1 partial

Editorial Notes

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.

Amendments1970–1990 · 4 rounds

1990

Subsec. (a)(1)(B). Pub. L. 101–280, § 5(b)(1), inserted “or Federal judge” after “employee”.

Subsec. (a)(2). Pub. L. 101–280, § 5(b)(2), inserted “Commissioner Elect, Federal judge,” after “Commissioner,”.

Subsec. (b)(2). Pub. L. 101–280, § 5(b)(3), inserted “representational” before “services”.

Subsec. (d)(1). Pub. L. 101–280, § 5(b)(4), substituted “Government employee or as a special Government employee” for “Government employee,”.

Subsec. (f). Pub. L. 101–280, § 5(b)(5), added subsec. (f).

1989

Subsec. (a). Pub. L. 101–194, § 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, § 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, § 402(4)–(6), inserted “representational” before “services”, “Member Elect,” after “Member,” and “Delegate Elect,” after “Delegate,”.

Subsec. (b). Pub. L. 101–194, § 402(9), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 101–194, § 402(8), redesignated subsec. (b) as (c) and substituted “subsections (a) and (b)” for “subsection (a)”.

Subsecs. (d), (e). Pub. L. 101–194, § 402(10), added subsecs. (d) and (e).

1986

Pub. L. 99–646, § 47(a)(3)(D), provided for alignment of margins of each subsection, paragraph, and subparagraph of this section.

Subsec. (a). Pub. L. 99–646, § 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, § 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, § 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, § 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, § 204(d)(2), included references to Delegate from District of Columbia and Delegate Elect from District of Columbia.

Subsec. (b). Pub. L. 91–405, § 204(d)(3), included reference to Delegate.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–646, § 47(b), , 100 Stat. 3605, provided that: “The amendments made by this section [amending this section] shall take effect 30 days after the date of enactment of this Act [].”

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–405 effective , 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 , see section 4 of Pub. L. 87–849, set out as a note under section 201 of this title.

Exemptions

Pub. L. 87–849, § 2, , 76 Stat. 1126, 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, § 120, , 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.”

Executive Documents

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, , 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, , 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5.

Credits

1962–1990 · 5 acts
  1. 1962Added Pub. L. 87–849, § 1(a), , 76 Stat. 1121
  2. 1970amended Pub. L. 91–405, title II, § 204(d)(2), (3), , 84 Stat. 853
  3. 1986Pub. L. 99–646, § 47(a), , 100 Stat. 3604
  4. 1989Pub. L. 101–194, title IV, § 402, , 103 Stat. 1748
  5. 1990Pub. L. 101–280, § 5(b), , 104 Stat. 159.
Show as published

(Added Pub. L. 87–849, § 1(a), , 76 Stat. 1121; amended Pub. L. 91–405, title II, § 204(d)(2), (3), , 84 Stat. 853; Pub. L. 99–646, § 47(a), , 100 Stat. 3604; Pub. L. 101–194, title IV, § 402, , 103 Stat. 1748; Pub. L. 101–280, § 5(b), , 104 Stat. 159.)

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