83d Congress COMMITTEE PRINT BL ACR COMPILATION OF CERTAIN LEGAL MATERIAL PREPARED BY THE OFFICE OF THE SENATE LEGISLATIVE 28405 From Your Printed for the use of the Committee on Armed Services UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1953 STANFORD LAW LIBRARY (10 COMMITTEE ON ARMED SERVICES LEVERETT SALTONSTALL, Massachusetts, Chairman STYLES BRIDGES, New Hampshire II RICHARD B. RUSSELL, Georgia This material was prepared and printed for the use of the Committee on Armed CONTENTS Memorandum to Senator Byrd dated January 14, 1953, concerning existing statutes relating to possible conflicting interests of officers of the Govern- Memorandum to Senator Saltonstall dated January 16, 1953, concerning interpretation placed by the courts upon certain provisions of law set forth in the preceding memorandum to Senator Byrd- Memorandum to the Committee on Armed Services dated January 19, 1953, concerning the meaning to be given the words "directly or indi- rectly" as used in section 434, title 18, United States Code___ Memorandum to Senator Byrd dated January 21, 1953, relating to the statutes prescribing the principal powers, functions, and duties of the Page COMPILATION OF CERTAIN LEGAL MATERIAL PREPARED BY THE OFFICE OF THE LEGISLATIVE COUNSEL ON CONFLICT OF INTEREST STATUTES UNITED STATES SENATE Office of the Legislative Counsel MEMORANDUM FOR SENATOR BYRD This memorandum is transmitted pursuant to your request for information concerning existing statutes relating to possible conflicting interests of officers of the Government. This memorandum does not include statutes forbidding particular acts of misconduct on the part of Government officers, but is limited in scope to those which are directed at private interests of such officers. which may conflict with their official duties. It is divided into two parts. The first part contains the text of all statutes of general application which appear to affect principal officers of the executive branch. The second part includes a number of examples of certain special statutes which are applicable only to named officers or officers. of a class described therein. I. STATUTES OF GENERAL APPLICATION Title 18 of the United States Code, entitled "Crimes and Criminal Procedure," contains the following pertinent sections: "§ 281. Compensation to Members of Congress, officers and others in matters affecting the Government "Whoever, being a Member of or Delegate to Congress, or a Resident Commissioner, either before or after he has qualified, or the head of a department, or other officer or employee of the United States or any department or agency thereof, directly or indirectly receives or agrees to receive, any compensation for any services rendered or to be rendered, either by himself or another, in relation to any proceeding, contract, claim, controversy, charge, accusation, arrest, or other matter in which the United States is a party or directly or indirectly interested, before any department, agency, court martial, officer, or any civil, military, or naval commission, shall be fined not more than $10,000 or imprisoned not more than two years, or both; and shall be incapable of holding any office of honor, trust, or profit under the United States. "Retired officers of the Army, Navy, Marine Corps, and Coast Guard of the United States, while not on active duty, shall not by reason of their status as such be subject to the provisions of this section. Nothing herein shall be construed to allow any retired officer to represent any person in the sale of anything to the Govern 1 |