section 216 of this titleshall be subject to the penalties set forth in .
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;Pub. L. 87–849, § 1(a)76 Stat. 1121Pub. L. 91–405, title II, § 204(d)(2)84 Stat. 853Pub. L. 99–646, § 47(a)100 Stat. 3604Pub. L. 101–194, title IV, § 402103 Stat. 1748Pub. L. 101–280, § 5(b)104 Stat. 159(Added , , ; amended , (3), , ; , , ; , , ; , , .)
Editorial Notes
Prior Provisions
act June 25, 1948, ch. 64562 Stat. 692Pub. L. 87–849A prior section 203, , , 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 and is substantially covered by revised section 201.
section 281 of this titlePub. L. 87–849Provisions similar to those comprising this section were contained in prior to the repeal of such section and the general amendment of this chapter by .
Amendments
Pub. L. 101–280, § 5(b)(1)1990—Subsec. (a)(1)(B). , inserted “or Federal judge” after “employee”.
Pub. L. 101–280, § 5(b)(2)Subsec. (a)(2). , inserted “Commissioner Elect, Federal judge,” after “Commissioner,”.
Pub. L. 101–280, § 5(b)(3)Subsec. (b)(2). , inserted “representational” before “services”.
Pub. L. 101–280, § 5(b)(4)Subsec. (d)(1). , substituted “Government employee or as a special Government employee” for “Government employee,”.
Pub. L. 101–280, § 5(b)(5)Subsec. (f). , added subsec. (f).
Pub. L. 101–194, § 402(3)section 216 of this title1989—Subsec. (a). , in concluding provisions, substituted “shall be subject to the penalties set forth in ” 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”.
Pub. L. 101–194, § 402(1)Subsec. (a)(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”.
Pub. L. 101–194, § 402(4)Subsec. (a)(2). –(6), inserted “representational” before “services”, “Member Elect,” after “Member,” and “Delegate Elect,” after “Delegate,”.
Pub. L. 101–194, § 402(9)Subsec. (b). , added subsec. (b). Former subsec. (b) redesignated (c).
Pub. L. 101–194, § 402(8)Subsec. (c). , redesignated subsec. (b) as (c) and substituted “subsections (a) and (b)” for “subsection (a)”.
Pub. L. 101–194, § 402(10)Subsecs. (d), (e). , added subsecs. (d) and (e).
Pub. L. 99–646, § 47(a)(3)(D)1986—, provided for alignment of margins of each subsection, paragraph, and subparagraph of this section.
Pub. L. 99–646, § 47(a)(1)Subsec. (a). , (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”.
Pub. L. 99–646, § 47(a)(1)Subsec. (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”.
Pub. L. 99–646, § 47(a)(2)Subsec. (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—”.
Pub. L. 99–646, § 47(a)(3)ProvidedSubsecs. (b), (c). , (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: , That clause (2)”. Former subsec. (b) redesignated (a)(2).
Pub. L. 91–405, § 204(d)(2)1970—Subsec. (a)(1). , included references to Delegate from District of Columbia and Delegate Elect from District of Columbia.
Pub. L. 91–405, § 204(d)(3)Subsec. (b). , included reference to Delegate.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Pub. L. 99–646, § 47(b)100 Stat. 3605
Effective Date of 1970 Amendment
Pub. L. 91–405section 206(b) of Pub. L. 91–405section 25a of Title 2Amendment by effective , see , set out as an Effective Date note under , The Congress.
Effective Date
section 4 of Pub. L. 87–849section 201 of this titleSection effective 90 days after , see , set out as a note under .
Exemptions
Pub. L. 87–849, § 276 Stat. 1126
Private Sector Representatives on United States Delegations to International Telecommunications Meetings and Conferences
Pub. L. 97–241, title I, § 12096 Stat. 280
Executive Documents
Delegation of Authority
section 7301 of Title 5Authority 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 , Government Organization and Employees.
section 7301 of Title 5Authority 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 .