18 U.S.C. § 203 is designed to protect the integrity of public office. The gravamen of the statute is different than bribery in that 18 U.S.C. § 203 is a request for compensation for what the public official is already paid to do. Bribery is different in that it is an attempt to influence the manner in which the public official carries out his or her duty. The prohibition on compensation is to prevent a conflict of interest - or even an appearance of a conflict of interest.
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;
(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:(1) Whoever engages in the conduct constituting the offense shall be imprisoned for not more than one year or fined in the amount set forth in this title, or both.
(2) Whoever willfully engages in the conduct constituting the offense shall be imprisoned for not more than five years or fined in the amount set forth in this title, or both.
18 U.S.C. § 203 provides for the exception of a person acting with or without compensation as an agent or attorney for family or probate matters unless there is a conflict of interest. There is an additional exception for Government employees working under a grant or a contract for the benefit of the United States so long as there is written approval from the appropriate federal agency approval.
The State of Texas has a similar statute under Section 36.07 of the Penal Code:
ACCEPTANCE OF HONORARIUM
(a) A public servant commits an offense if the public servant solicits, accepts, or agrees to accept an honorarium in consideration for services that the public servant would not have been requested to provide but for the public servant's official position or duties.
(b) This section does not prohibit a public servant from accepting transportation and lodging expenses in connection with a conference or similar event in which the public servant renders services, such as addressing an audience or engaging in a seminar, to the extent that those services are more than merely perfunctory, or from accepting meals in connection with such an event.
(c) An offense under this section is a Class A misdemeanor.
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