18 U.S.C. 203 restricts compensation for representational services in particular matters involving the federal government. It can reach both the covered official receiving compensation and the person knowingly offering it. Ordinary outside employment is not automatically prohibited by this section. [1]
Elements and penalties
For ordinary covered employees, the restriction concerns paid representation before a federal department, agency, court, or other listed forum in a particular matter in which the United States is a party or has a direct and substantial interest. It also reaches compensation for another person’s representational services. [1]
Section 216 authorizes up to one year for the basic offense and up to five years for willful conduct, plus applicable fines. It also authorizes civil penalties and injunctions; civil and administrative exposure can exist alongside prosecution. [2] A special government employee’s restriction concerns specific-party matters personally and substantially handled, or pending in the employee’s agency, with an exception to the latter category for no more than sixty service days in the preceding 365 days. [1] The family or fiduciary exception needs appointing-official approval and excludes matters personally and substantially handled or within the employee’s official responsibility. A special employee’s grant-or-contract exception requires the agency head’s written national-interest certification and Federal Register publication. Giving sworn testimony or required perjury-backed statements is separately protected. [1]
What to examine in the actual case
- Classify the person as a regular or special government employee and count service days where relevant.
- Identify the particular matter, representation, compensation, and government interest; apply the specific-party requirement where the special-employee rule governs.
- Obtain appointing-official approval before relying on the family or fiduciary exception; matters personally handled or under official responsibility remain excluded.
Practical example
A federal employee shares a firm’s fee from representing a client before an agency. Not personally signing the filing does not alone resolve whether the employee received prohibited compensation.
For related situations, see federal bribery and illegal gratuities and federal civil-service hiring authority.
Primary sources
Sources checked: October 31, 2026.