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PART II

Chapter 5 - Pay and Expenses for Members and Staff

SECTION

A.

POLICY BACKGROUND.

a. When extending invitations to individuals to serve as members of Commerce advisory camittees, it should be explained that it is the policy of the Department not to pay members for their services. The invitation represents an opportunity for the addressee to render a public service in an advisory capacity an a matter in which the individual is considered to be a specialist or an authority. For a few specific committees established by law, the authorizing statute prescribes pay and/or expense arrangements. Also, if a committee member is determined to be serving in an employeremployee relationship, that member may be entitled to pay. (See Section C, below.)

b. With respect to expenses, it is the policy of the Department to provide travel and per diem if requested by the member. It is suggested that this provision be made especially clear to persons who are invited to serve as consumer representatives an Commerce committees.

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See Section 1l of AMB Circular A-63 (at Appendix II-C) as mended:
Transmittal Memorandum No. 4, Uniform Pay Guidelines.

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.01 Eligibility. Pay will be provided the members of an advisory committee if authorized by the committee's establishing statute, Executive Order, or charter, or, in same circumstances, if service is in an employer-employee relationship.

.02 Determination. a. In determining an appropriate rate of pay, consideration shall be given to the significance, scope, and technical complexity of the committee's purpose and to the qualifications required of the members. The rate must be established by or cleared with the operating unit Personnel Officer.

b. A canmittee member whose service is rendered under the employeremployee relationship as explained in Section 5 of DAO 202-304, "Experts, Consultants, and Advisers," may be compensated at a rate of pay not to exceed that fixed for the position in accordance with law by the appropriate Personnel Officer.

.03 Amount. For any ane committee, Members' pay - if authorized but not specified - shall not be higher than the daily equivalent of the maximum salary rate for QS-15, unless the Secretary of Canmerce personally determines that a higher rate is both justified and necessary. In the latter event, the determination must be personally reviewed and reauthorized by the Secretary annually.

SECTION D. PAY FOR STAFF MEMBERS.

.01 Eligibility. A member of the staff of an advisory committee is

entitled to the rate of pay fixed pursuant to law for that official posi-
i tion. Employees whose regular duties include service as a staff member of

a committee, or who are detailed temporarily to serve as a committee staff
member, are entitled to the pay of their regular (official) positions.
.02 Amount. No committee staff position may be established exclusively
for such purpose with a rate of pay exceeding the daily equivalent of the
maximum rate for GS-15 unless the Assistant Secretary for Administration
determines, under the applicable job classification system, that a higher
rate would be appropriate. Such determination must be submitted to and
reviewed and reauthorized by the Assistant Secretary annually.

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SECTION E. PAY FOR CONSULTANTS TO A COMMITTEE.

The appropriate operating unit Personnel Officer shall fix the pay of a consultant to an advisory Committee after giving consideration to the qualifications required of the consultant and to the significance, scope, and technical complexity of the work. The rate of pay shall not exceed the maximum rate of pay which the Department is authorized by law to pay (See DAO 202-304, "Experts, Consultants, and Advisers").

SECTION F. REIMBURSABLE TRAVEL EXPENSES.

The members and staff of a camittee will, upon request, be allowed travel expenses while engaged in the performance of their duties away from their hames or regular places' of business, including per diem or actual expenses, as authorized by 5 U.S.C. 5701 et. seq. and applicable Federal travel regulations.

SECTION G. GRATUITOUS SERVICES.

Pursuant to the provisions of CMB Circular A-63, nothing in this directive shall prevent an operating unit or Departmental office from accepting the gratuitous services of a member or staff member of a canmittee. The fact that a member provides gratuitous services does not mean that:

an "employer-employee relationship" will never exist; or that

restrictions, such as the conflict of interest laws, will never
apply.

For further discussion of the "employer-employee relationships and
"gratuitous services" see DAO 202-311, "The Power of Appointment and
Removal, and cooperative Service Activities," especially Section 5.

8 201

TITLE 18-CRIMES AND CRIMINAL PROCEDURE

Page 1024

$201. Bribery of public officials and witnesses
(a) For the purpose of this section:

"public official” means Member of Con
gress, the Delegate from the District of Co-
lumbia, or Resident Commissioner, either
before or after he has qualified, or an officer
or employee or person acting for or on behalf
of the United States, or any department,
agency or branch of Government thereof, in-
cluding the District of Columbia, in any offi-
cial function, under or by authority of any
such department, agency, or branch of Gov-
ernment, or a juror; and

"person who has been selected to be a
public official” means any person who has
been nominated or appointed to be a public
official, or has been officially informed that
he will be so nominated or appointed; and

"official act" means any decision or action
on any question, matter, cause, suit, proceed-
ing or controversy, which may at any time be
pending, or which may by law be brought
before any public official, in his official ca-
pacity, or in his place of trust or profit.

(b) Whoever, directly or indirectly, corruptly
gives, offers or promises anything of value to
any public official or person who has been se-
lected to be a public official, or offers or prom
ises any public official or any person who has
been selected to be a public official to give any-
thing of value to any other person or entity,
with intent-

(1) to influence any official act; or

to influence such person to absent himself therefrom; or

(e) Whoever, directly or indirectly, corruptly
asks, demands, exacts, solicits, seeks, accepts,
receives, or agrees to receive anything of value
for himself or for any other person or entity in
return for being influenced in his testimony
under oath or affirmation as a witness upon
any such trial, hearing, or other proceeding, or
in return for absenting himself therefrom-

Shall be fined not more than $20,000 or three
times the monetary equivalent of the thing of
value, whichever is greater, or imprisoned for
not more than fifteen years, or both, and may
be disqualified from holding any office of
honor, trust, or profit under the United States.

(f) Whoever, otherwise than as provided by
law for the proper discharge of official duty, di-
rectly or indirectly gives, offers, or promises
anything of value to any public official, former
public official, or person selected to be a public
official, for or because of any official act per-
formed or to be performed by such public offi.
cial, former public official, or person selected to
be a public official; or

(g) Whoever, being a public official, former
public official, or person selected to be a public
official, otherwise than as provided by law for
the proper discharge of official duty, directly or
indirectly asks, demands, exacts, solicits, seeks,
accepts, receives, or agrees to receive anything
of value for himself for or because of any offi.
cial act performed or to be performed by him;
or

(2) to influence such public official or
person who has been selected to be a public
official to commit or aid in committing, or
collude in, or allow, any fraud, or make op-
portunity for the commission of any fraud, on
the United States; or

(3) to induce such public official or such
person who has been selected to be a public
official to do or omit to do any act in viola-
tion of his lawful duty, or

(c) Whoever, being a public official or person
selected to be a public official, directly or indi.
rectly, corruptly asks, demands, exacts, solicits,
seeks, accepts, receives, or agrees to receive any-
thing of value for himself or for any other
person or entity, in return for:

(1) being influenced in his performance of
any official act; or

(2) being influenced to commit or aid in
committing, or to collude in, or allow, any
fraud, or make opportunity for the commis-
sion of any fraud on the United States; or

(3) being induced to do or omit to do any
act in violation of his official duty; or

(d) Whoever, directly or indirectly, corruptly
gives, offers, or promises anything of value to
any person, or offers or promises such person
to give anything of value to any other person or
entity, with intent to influence the testimony
under oath or affirmation of such first-men-
tioned person as a witness upon a trial, hearing,
or other proceeding, before any court, any com-
mittee of either House or both Houses of Con-
gress, or any agency, commission, or officer au-
thorized by the laws of the United States to
hear evidence or take testimony, or with intent

(h) Whoever, directly or indirectly, gives,
offers, or promises anything of value to any
person, for or because of the testimony under
oath or affirmation given or to be given by such
person as a witness upon a trial, hearing, or
other proceeding, before any court, any com-
mittee of either House or both Houses of Con-
gress, or any agency, commission, or officer au-
thorized by the laws of the United States to
hear evidence or take testimony, or for or be-
cause of his absence therefrom; or

(i) Whoever, directly or indirectly, asks, de-
mands, exacts, solicits, seeks, accepts, receives,
or agrees to receive anything of value for him-
self for or because of the testimony under oath
or affirmation given or to be given by him as a
witness upon any such trial, hearing, or other
proceeding, or for or because of his absence
therefrom-

Shall be fined not more than $10,000 or im-
prisoned for not more than tw years, or both.

(j) Subsections (d), (e), (h), and (i) shall not
be construed to prohibit the payment or receipt
of witness fees provided by law, or the pay-
ment, by the party upon whose behalf a witness
is called and receipt by a witness, of the reason-
able cost of travel and subsistence incurred and
the reasonable value of time lost in attendance
at any such trial, hearing, or proceeding, or in
the case of expert witnesses, involving & techni.
cal or professional opinion, a reasonable fee for
time spent in the preparation of such opinion,
and in appearing and testifying.

(k) The offenses and penalties prescribed in
this section are separate from and in addition
to those prescribed in sections 1503, 1504, and
1505 of this title.

Page 1025

TITLE 18-CRIMES AND CRIMINAL PROCEDURE

$ 201

(Added Pub. L. 87-849, § 1(a), Oct. 23, 1962, 76
Stat. 1119, and amended Pub. L. 91-405. title II.
8 204(d)(1), Sept. 22, 1970, 84 Stat. 853.)

PRIOR PROVISIONS
A prior section 201, act June 25, 1948, ch. 645, 62
Stat. 691, which prescribed penalties for anyone who
offered or gave anything of value to an officer or
other person to influence his decisions, was eliminated
in 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 former sections 201 to 213 of this
title, prior to the general amendment of this chapter
by Pub. L. 87-849.

AMENDMENTS
1970–Subsec. (a). Pub. L. 91-405 included Delegate
from District of Columbia in definition of "public offi-
cial".

EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-405 effective on Sept. 22,
1970, see section 206(b) of Pub. L. 91-405, summarized
in a note set out under section 25 of Title 2, The Con-
gress.

EFFECTIVE DATE
Section 4 of Pub. L. 87-849 provided that: “This Act
[adding sections 201 to 209, and 218 of this title, rede-
signating sections 214, 215, 217 to 222 as 210, 211, 212
to 217 of this title respectively, repealing sections 223,
282, 284, 434, and 1914 of this title, and section 99 of
Title 5, Executive Departments and Government Offi-
cers and Employees, and enacting provisions set out as
notes under section 281 and 282 of this title) shall take
effect ninety days after the date of its enactment
(Oct. 23, 1962)".

and responsibilities of their employees. For example,
it may be appropriate to provide exceptions (1) gov-
erning obvious family or personal relationships where
the circumstances make it clear that it is those rela-
tionships rather than the business of the persons con-
cerned which are the motivating factors–the clearest
illustration being the parents, children or spouses of
federal employees; (2) permitting acceptance of food
and refreshments available in the ordinary course of a
luncheon or dinner or other meeting or on inspection
tours where an employee may properly be in atten-
dance; or (3) permitting acceptance of loans from
banks or other financial institutions on customary
'terms to finance proper and usual activities of employ.

ees, such as home mortgage loans. This section shall
be effective upon issuance of such regulations.

(c) It is the intent of this section that employees
avoid any action, whether or not specifically prohibit-
ed by subsection (a), which might result in, or create
the appearance of -

(1) using public office for private gain;

(2) giving preferential treatment to any organization or person;

(3) impeding government efficiency or economy:

(4) losing complete independence or impartiality of action;

(5) making a government decision outside official channels; or

(6) affecting adversely the confidence of the public
in the integrity of the Government.

Sec. 202. An employee shall not engage in any out-
side employment, including teaching, lecturing, or
writing, which might result in a conflict, or an appar-
ent conflict, between the private interests of the em.
ployee and his official government duties and respon-
sibilities, although such teaching, lecturing, and writ.
ing by employees are generally to be encouraged so
long as the laws, the provisions of this order, and Civil
Service Commission and agency regulations covering
conflict of interest and outside employment are ob-
served.

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