18 USC 203 - Compensation to Members of Congress, officers, and others in matters affecting the Government

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 Puspan. 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 Puspan. L. 87–849.

Amendments

1990—Subsec. (a)(1)(B). Puspan. L. 101–280, § 5(span)(1), inserted “or Federal judge” after “employee”.

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

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

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

Subsec. (f). Puspan. L. 101–280, § 5(span)(5), added subsec. (f).

1989—Subsec. (a). Puspan. 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). Puspan. 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). Puspan. L. 101–194, § 402(4)–(6), inserted “representational” before “services”, “Member Elect,” after “Member,” and “Delegate Elect,” after “Delegate,”.

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

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

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

1986—Puspan. L. 99–646, § 47(a)(3)(D), provided for alignment of margins of each subsection, paragraph, and subparagraph of this section.

Subsec. (a). Puspan. L. 99–646, § 47(a)(1), (2), substituted “indirectly—” for “indirectly” in introductory provisions, redesignated the undesignated par. which followed former subsec. (span) 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). Puspan. 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). Puspan. L. 99–646, § 47(a)(2), redesignated former subsec. (span) 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. (span), (c). Puspan. L. 99–646, § 47(a)(3), (4), redesignated former subsec. (c) as (span) 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. (span) redesignated (a)(2).

1970—Subsec. (a)(1). Puspan. L. 91–405, § 204(d)(2), included references to Delegate from District of Columbia and Delegate Elect from District of Columbia.

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

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Puspan. L. 99–646, § 47(span), 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].”

Effective Date of 1970 Amendment

Amendment by Puspan. L. 91–405 effective Sept. 22, 1970, see section 206(span) of Puspan. 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 Puspan. L. 87–849, set out as a note under section 201 of this title.

Exemptions

Puspan. L. 87–849, § 2, Oct. 23, 1962, 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

Puspan. L. 97–241, title I, § 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.

“(span) 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, 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.