Online Attorney

prior to 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 section 434 of this title prior to the repeal of such section and the general amendment of this chapter by Pub. L. 87-849. AMENDMENTS 1994 - Subsec. (b)(4). Pub. L. 103-322, Sec. 330008(6), inserted "if" after "(4)". Subsec. (c)(1). Pub. L. 103-322, Sec. 330002(b), substituted "banks" for "Banks". 1990 - Subsec. (a). Pub. L. 101-280, Sec. 5(e)(2), made technical correction to directory language of Pub. L. 101-194, Sec. 405(1)(C). See 1989 Amendment note below. Subsec. (b)(2). Pub. L. 101-280, Sec. 5(e)(1)(A), substituted "subsection (a)" for "paragraph (1)". Subsec. (b)(3). Pub. L. 101-280, Sec. 5(e)(1)(B), struck out "section 107 of" after "individual pursuant to". Subsec. (d)(1). Pub. L. 101-280, Sec. 5(e)(1)(C), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "A copy of any determination by other than the Director of the Office of Government Ethics granting an exemption pursuant to subsection (b)(1) or (b)(3) shall be submitted to the Director, who shall make all determinations available to the public pursuant to section 105 of the Ethics in Government Act of 1978. For determinations pursuant to subsection (b)(3), the information from the financial disclosure report of the officer or employee involved describing the asset or assets that necessitated the waiver shall also be made available to the public. This subsection shall not apply, however, if the head of the agency or his or her designee determines that the determination under subsection (b)(1) or (b)(3), as the case may be, involves classified information." 1989 - Subsec. (a). Pub. L. 101-194, Sec. 405(1), as amended by Pub. L. 101-280, Sec. 5(e)(2), inserted "or" after "United States Government," and "an officer or employee" before "of the District of Columbia", substituted "general partner" for "partner" in two places, and substituted "Shall be subject to the penalties set forth in section 216 of this title" for "Shall be fined not more than $10,000, or imprisoned not more than two years, or both". Subsec. (b). Pub. L. 101-194, Sec. 405(2), added subsec. (b) and struck out former subsec. (b), which read as follows: "Subsection (a) hereof shall not apply (1) if the officer or employee first advises the Government official responsible for appointment to his position of the nature and circumstances of the judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by such official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the Government may expect from such officer or employee, or (2) if, by general rule or regulation published in the Federal Register, the financial interest has been exempted from the requirements of clause (1) hereof as being too remote or too inconsequential to affect the integrity of Government officers' or employees' services. In the case of class A and B directors of Federal Reserve banks, the Board of Governors of the Federal Reserve System shall be the Government official responsible for appointment." Subsecs. (c), (d). Pub. L. 101-194, Sec. 405(2), added subsecs. (c) and (d). 1977 - Subsec. (a). Pub. L. 95-188, Sec. 205(a), extended conflicts of interest prohibition to a Federal Reserve bank director, officer, or employee. Subsec. (b). Pub. L. 95-188, Sec. 205(b), inserted at end "In the case of class A and B directors of Federal Reserve banks, the Board of Governors of the Federal Reserve System shall be the Government official responsible for appointment." EFFECTIVE DATE Section effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87-849, set out as a note under section 201 of this title. EXEMPTIONS Exemptions from former section 434 of this title deemed to be exemptions from this section, see section 2 of Pub. L. 87-849, set out as a note under section 203 of this title. REGULATIONS Responsibility of Office of Government Ethics for promulgating regulations and interpreting this section, see section 201(c) of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees. -TRANS- DELEGATION OF AUTHORITY Authority of the President under subsec. (b) of this section to grant exemptions or approvals to individuals delegated to agency heads, see section 401 of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees. Authority of the President under subsec. (b) 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 the President, see section 402 of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5. -MISC2- "PARTICULAR MATTER" DEFINED Pub. L. 100-446, title III, Sec. 319, Sept. 27, 1988, 102 Stat. 1826, which provided that notwithstanding any other provision of law, for the purposes of this section "particular matter", as applied to employees of the Department of the Interior and the Indian Health Service, means "particular matter involving specific parties", was repealed by Pub. L. 101-194, title V, Sec. 505(b), Nov. 30, 1989, 103 Stat. 1756, as amended by Pub. L. 101-280, Sec. 6(c), May 4, 1990, 104 Stat. 160. Similar provisions were contained in Pub. L. 100-202, Sec. 101(g) [title III, Sec. 318], Dec. 22, 1987, 101 Stat. 1329-213, 1329-255. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 202, 216 of this title; title 5 sections 568, 3374, 3704; title 6 section 451; title 7 sections 2008m, 2009aa-1, 2009bb-1, 2009dd-2; title 10 section 9447; title 12 section 2245; title 15 section 4805; title 16 section 1852; title 20 section 5508; title 22 sections 3507, 3508, 3613, 3622; title 26 section 1043; title 28 section 594; title 28 App. section 302; title 40 section 14309; title 41 section 423; title 42 section 1396a; title 47 section 154; title 49 section 106. -End- -CITE- 18 USC Sec. 209 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST -HEAD- Sec. 209. Salary of Government officials and employees payable only by United States -STATUTE- (a) Whoever receives any salary, or any contribution to or supplementation of salary, as compensation for his services as an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, from any source other than the Government of the United States, except as may be contributed out of the treasury of any State, county, or municipality; or Whoever, whether an individual, partnership, association, corporation, or other organization pays, makes any contribution to, or in any way supplements, the salary of any such officer or employee under circumstances which would make its receipt a violation of this subsection - Shall be subject to the penalties set forth in section 216 of this title. (b) Nothing herein prevents an officer or employee of the executive branch of the United States Government, or of any independent agency of the United States, or of the District of Columbia, from continuing to participate in a bona fide pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan maintained by a former employer. (c) This section does not apply to a special Government employee or to an officer or employee of the Government serving without compensation, whether or not he is a special Government employee, or to any person paying, contributing to, or supplementing his salary as such. (d) This section does not prohibit payment or acceptance of contributions, awards, or other expenses under the terms of chapter 41 of title 5. (e) This section does not prohibit the payment of actual relocation expenses incident to participation, or the acceptance of same by a participant in an executive exchange or fellowship program in an executive agency: Provided, That such program has been established by statute or Executive order of the President, offers appointments not to exceed three hundred and sixty-five days, and permits no extensions in excess of ninety additional days or, in the case of participants in overseas assignments, in excess of three hundred and sixty-five days. (f) This section does not prohibit acceptance or receipt, by any officer or employee injured during the commission of an offense described in section 351 or 1751 of this title, of contributions or payments from an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and which is exempt from taxation under section 501(a) of such Code. (g)(1) This section does not prohibit an employee of a private sector organization, while assigned to an agency under chapter 37 of title 5, from continuing to receive pay and benefits from such organization in accordance with such chapter. (2) For purposes of this subsection, the term "agency" means an agency (as defined by section 3701 of title 5) and the Office of the Chief Technology Officer of the District of Columbia. -SOURCE- (Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1125; amended Pub. L. 96-174, Dec. 29, 1979, 93 Stat. 1288; Pub. L. 97-171, Apr. 13, 1982, 96 Stat. 67; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-646, Sec. 70, Nov. 10, 1986, 100 Stat. 3617; Pub. L. 101-194, title IV, Sec. 406, Nov. 30, 1989, 103 Stat. 1753; Pub. L. 101-647, title XXXV, Sec. 3510, Nov. 29, 1990, 104 Stat. 4922; Pub. L. 103-322, title XXXIII, Sec. 330008(7), Sept. 13, 1994, 108 Stat. 2143; Pub. L. 107-273, div. A, title III, Sec. 302(3), Nov. 2, 2002, 116 Stat. 1781; Pub. L. 107-347, title II, Sec. 209(g)(2), Dec. 17, 2002, 116 Stat. 2932.) -REFTEXT- REFERENCES IN TEXT Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (f), is classified to section 501 of Title 26, Internal Revenue Code. -MISC1- PRIOR PROVISIONS A prior section 209, act June 25, 1948, ch. 645, 62 Stat. 693, related to an offer of a bribe to a witness, prior to the general amendment of this chapter by Pub. L. 87-849 and is substantially covered by section 201. Provisions similar to those comprising this section were contained in section 1914 of this title prior to the repeal of such section and the general amendment of this chapter by Pub. L. 87-849. AMENDMENTS 2002 - Subsec. (a). Pub. L. 107-273, in second par., substituted "makes" for "or makes" and "supplements, the salary of any" for "supplements the salary of, any". Subsec. (g). Pub. L. 107-347 added subsec. (g). 1994 - Subsec. (d). Pub. L. 103-322 struck out "the" before "chapter 41". 1990 - Subsec. (d). Pub. L. 101-647 substituted "chapter 41 of title 5" for "Government Employees Training Act (Public Law 85-507, 72 Stat. 327; 5 U.S.C. 2301-2319, July 7, 1958)". 1989 - Subsec. (a). Pub. L. 101-194 substituted at end "Shall be subject to the penalties set forth in section 216 of this title." for "Shall be fined not more than $5,000 or imprisoned not more than one year, or both." 1986 - Subsec. (e). Pub. L. 99-646 inserted "or, in the case of participants in overseas assignments, in excess of three hundred and sixty-five days". Subsec. (f). Pub. L. 99-514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954". 1982 - Subsec. (f). Pub. L. 97-171 added subsec. (f). 1979 - Subsec. (e). Pub. L. 96-174 added subsec. (e). EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107-347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents. EFFECTIVE DATE Section effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87-849, set out as a note under section 201 of this title. EXEMPTIONS Exemptions from former section 1914 of this title deemed to be exemptions from this section, see section 2 of Pub. L. 87-849, set out as a note under section 203 of this title. -EXEC- PROMULGATION OF REGULATIONS Responsibility of Office of Government Ethics for promulgating regulations and interpreting this section, see section 201(c) of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 202, 216 of this title; title 2 section 162; title 5 sections 568, 3102, 3343, 3374, 3704, 4111; title 7 sections 2009aa-1, 2009bb-1, 2220; title 8 section 1353c; title 12 section 2245; title 16 section 459b-7; title 22 sections 3507, 3508; title 28 section 594; title 30 section 663; title 40 section 14309; title 42 sections 280e-11, 1314; title 45 section 362. -End- -CITE- 18 USC Sec. 210 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST -HEAD- Sec. 210. Offer to procure appointive public office -STATUTE- Whoever pays or offers or promises any money or thing of value, to any person, firm, or corporation in consideration of the use or promise to use any influence to procure any appointive office or place under the United States for any person, shall be fined under this title or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 694, Sec. 210, formerly Sec. 214; renumbered Sec. 210, Pub. L. 87-849, Sec. 1(b), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on Title 18, U. S.C., 1940 ed., Secs. 149 and 151 (Dec. 11, 1926, c. 3, Secs. 1, 3, 44 Stat. 918). Changes of style and substance were made in this section. Term "or place" was inserted after words "appointive office" in order to give broader scope to the section and also to follow the phraseology used in similar provisions of section 202 of Title 18, U.S.C., 1940 ed., now section 216 [repealed] of this title. (See 46 Corpus Juris 924, where it is explained that the work "places" is used in a less technical sense than the word "offices".) The punishment provision, added at the end of this section and section 215 [now section 211] of this title to secure uniformity of style throughout this chapter, was originally enacted as a separate section, incorporating the other two by reference. 80th Congress House Report No. 304. PRIOR PROVISIONS A prior section 210, act June 25, 1948, ch. 645, 62 Stat. 693, related to acceptance of a bribe by a witness, prior to the general amendment of this chapter by Pub. L. 87-849 and is substantially covered in revised section 201. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $1,000". -End- -CITE- 18 USC Sec. 211 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST -HEAD- Sec. 211. Acceptance or solicitation to obtain appointive public office -STATUTE- Whoever solicits or receives, either as a political contribution, or for personal emolument, any money or thing of value, in consideration of the promise of support or use of influence in obtaining for any person any appointive office or place under the United States, shall be fined under this title or imprisoned not more than one year, or both. Whoever solicits or receives any thing of value in consideration of aiding a person to obtain employment under the United States either by referring his name to an executive department or agency of the United States or by requiring the payment of a fee because such person has secured such employment shall be fined under this title, or imprisoned not more than one year, or both. This section shall not apply to such services rendered by an employment agency pursuant to the written request of an executive department or agency of the United States. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 694, Sec. 211, formerly Sec. 215; Sept. 13, 1951, ch. 380, 65 Stat. 320; renumbered Sec. 211, Pub. L. 87-849, Sec. 1(b), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Secs. 150 and 151 (Dec. 11, 1926, ch. 3, Secs. 2, 3, 44 Stat. 918). Same changes of style and substance were made in this section as in section 214 of this title. PRIOR PROVISIONS A prior section 211, act June 25, 1948, ch. 645, 62 Stat. 693, related to an offer of a gratuity to a revenue officer, prior to the general amendment of this chapter by Pub. L. 87-849 and is substantially covered in revised section 201. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $1,000" in two places. 1951 - Act Sept. 13, 1951, inserted se

Online Attorney