Section 201 - Bribery

§ 201. Bribery of public officials and witnesses [18 USCA SEC 201]

Current through P.L. 107-293 (excluding P.L. 107-273, 107-279) approved 11-13-02

 

(a) For the purpose of this section--

(1) the term "public official" means Member of Congress, Delegate, or Resident Commissioner, either before or after such official 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, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror;

(2) the term "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 such person will be so nominated or appointed;  and

(3) the term "official act" means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official's official capacity, or in such official's place of trust or profit.

(b) Whoever--

(1) directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent--

(A) to influence any official act;  or

(B) 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 opportunity for the commission of any fraud, on the United States;  or

(C) 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 violation of the lawful duty of such official or person;

(2) being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for:

(A) being influenced in the performance of any official act;

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

(C) being induced to do or omit to do any act in violation of the official duty of such official or person;

(3) 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-mentioned person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom;

(4) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for being influenced in 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 under this title or not more than 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.

(c) Whoever--

(1) otherwise than as provided by law for the proper discharge of official duty--

(A) directly 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 performed or to be performed by such public official, former public official, or person selected to be a public official;  or

(B) 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 demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of any official act performed or to be performed by such official or person;

(2) 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 committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or for or because of such person's absence therefrom;

(3) directly or indirectly, demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon any such trial, hearing, or other proceeding, or for or because of such person's absence therefrom;

shall be fined under this title or imprisoned for not more than two years, or both.

(d) Paragraphs (3) and (4) of subsection (b) and paragraphs (2) and (3) of subsection (c) shall not be construed to prohibit the payment or receipt of witness fees provided by law, or the payment, by the party upon whose behalf a witness is called and receipt by a witness, of the reasonable 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, a reasonable fee for time spent in the preparation of such opinion, and in appearing and testifying.

(e) 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.

CREDIT(S)

2000 Main Volume

(Added Pub.L. 87-849, § 1(a), Oct. 23, 1962, 76 Stat. 1119, and amended Pub.L. 91-405, Title II, § 204(d) (1), Sept. 22, 1970, 84 Stat. 853;  Pub.L. 99-646, § 46(a)-(l), Nov. 10, 1986, 100 Stat. 3601-3604;  Pub.L. 103-322, Title XXXIII, §§ 330011(b), 330016(2)(D), Sept. 13, 1994, 108 Stat. 2144, 2148.)

HISTORICAL NOTES

HISTORICAL AND STATUTORY NOTES 

Revision Notes and Legislative Reports

1962 Acts. Senate Report No. 2213, see 1962 U.S. Code Cong. and Adm. News, p. 3852.

1970 Acts. Senate Report No. 91-1122, see 1970 U.S. Code Cong. and Adm. News, p. 3833.

1986 Acts. House Report No. 99-797, see 1986 U.S. Code Cong. and Adm. News, p. 6138.

1994 Acts. House Report Nos. 103-324 and 103-489, and House Conference Report No. 103-711, see 1994 U.S. Code Cong. and Adm. News, p. 1801.

Codifications

Section 330016(2)(D) of Pub.L. 103-322, directing that this section be amended by inserting "under this title or" after "be fined" and by inserting "whichever is greater," before "or imprisoned", was executed to subsec. (b) of this section, rather than subsec. (c) of this section, as the probable intent of Congress.

A prior § 201, Act June 25, 1948, c. 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 § 201.

Amendments

1994 Amendments. Subsec. (b).  Pub.L. 103-322, § 330016(2)(D), directed that this section be amended by inserting "under this title or" after "be fined" and by inserting "whichever is greater," before "or imprisoned".  Amendment was executed to subsec. (b) of this section, rather than subsec. (c) of this section, as the probable intent of Congress.

1986 Amendments. Text.  Pub.L. 99-646, § 46(1), directed that the margins of each subsection, paragraph, and subparagraph of this section are to be flush, indented 2ems, and indented 4ems, respectively.

Subsec. (a).  Pub.L. 99-646, § 46(a), substituted "section--" for "section:", designated provision defining "public official" as par. (1), and in par. (1) as so designated, inserted "the term" after "(1)" and substituted "Delegate" for "Delegate from the District of Columbia", "after such official has qualified" for "after he has qualified", and "juror;" for "juror;  and", designated provision defining defining "person who has been selected to be a public official" as par. (2), and in par. (2) as so designated, inserted "the term" after "(2)" and substituted "such person" for "he", and designated provision defining "official act" as par. (3), and in par. (3) as so designated, inserted "the term" after "(3)" and substituted "in such official's official capacity, or in such official's" for "in his official capacity, or in his".

Subsec. (b). Pub.L. 99-646, § 46(b)(1), as amended Pub.L. 103-322, § 330011(b)(A), substituted "Whoever" for "Whoever," and inserted par. (1) designation preceding "directly".

Subsec. (b)(1).  Pub.L. 99-646, § 46(b), as amended Pub.L. 103-322, § 330011(b), substituted "(1) directly" for "directly", redesignated pars. (1) to (3) as subpars. (A) to (C) and adjusted the margins to a 6em indent, and in subpar. (C) as so redesignated, substituted "the lawful duty of such official or person;" for "his lawful duty, or".

Subsec. (b)(2).  Pub.L. 99-646, § 46(c), redesignated former subsec. (c) as par. (2), and in par. (2) as so redesignated, struck out "Whoever," preceding "being", substituted "corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally" for "corruptly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself", redesignated pars. (1) to (3) as subpars. (A) to (C) and adjusted the margins to a 4em indent, in subpar. (A) as so redesignated, substituted "the performance" for "his performance", and in subpar. (C) as so redesignated, substituted "the official duty of such official or person" for "his official duty;  or".

Subsec. (b)(3).  Pub.L. 99-646, § 46(d), redesignated former subsec. (d) as par. (3), and in par. (3) as so redesignated, substituted "directly" for "Whoever, directly" and "therefrom;" for "therefrom;  or".

Subsec. (b)(4).  Pub.L. 99-646, § 46(e), redesignated former subsec. (e) as par. (4), and in par. (4) as so redesignated, substituted "directly" for "Whoever, directly", "demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally" for "asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself", "in testimony" for "in his testimony", "therefrom;" for "therefrom--", "shall be fined not more than" for "Shall be fined not more than $20,000 or", and "thing of value," for "thing of value, whichever is greater,".

Subsec. (c)(1).  Pub.L. 99-646, § 46(f), (g), redesignated former subsec. (f) as par. (1), and in par. (1) as so redesignated, substituted "(1) otherwise" for ", otherwise" and "(A) directly" for ", directly", redesignated former subsec. (g) as subpar. (B), and in subpar. (B) as so redesignated, substituted "being" for "Whoever, being", "indirectly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally" for "indirectly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself", and "by such official or person" for "by him;  or".  Former subsec. (c) redesignated as subsec. (b)(2).

Subsec. (c)(2).  Pub.L. 99-646, § 46(h), redesignated former subsec. (h) as par. (2), and in par. (2) as so redesignated, substituted "directly" for "Whoever, directly" and "such person's absence therefrom;" for "his absence therefrom;  or".  Former subsec. (c) redesignated as subsec. (b)(2).

Subsec. (c)(3).  Pub.L. 99-646, § 46(i), redesignated former subsec. (i) as par. (3), and in par. (3) as so redesignated, substituted "directly" for "Whoever, directly", "demands, seeks, receives, accepts, or agrees to accept" for "asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive or accept", "personally" for "for himself", "by such person" for "by him", "such person's absence therefrom;" for "his absence therefrom--", and "shall be fined under this title" for "Shall be fined not more than $10,000".  Former subsec. (c) redesignated as subsec. (b)(2).

Subsec. (d). Pub.L. 99-646, § 46(j), redesignated former subsec. (j) as (d), and in subsec. (d) as so redesignated, substituted "Paragraphs (3) and (4) of subsection (b) and paragraphs (2) and (3) of subsection (c)" for "Subsections (d), (e), (h), and (i)" and struck out "involving a technical or professional opinion," after "expert witnesses,".  Former subsec. (d) redesignated as subsec. (b)(3).

Subsec. (e). Pub.L. 99-646, § 46(k), redesignated former subsec. (k) as (e).  Former subsec. (e) redesignated as subsec. (b)(4).

Subsec. (f). Pub.L. 99-646, § 46(f), redesignated subsec. (f) as subsec. (c)(1).

Subsec. (g). Pub.L. 99-646, § 46(g), redesignated subsec. (g) as subsec. (c)(1)(B).

Subsec. (h). Pub.L. 99-646, § 46(h), redesignated subsec. (h) as subsec. (c)(2).

Subsec. (i). Pub.L. 99-646, § 46(i), redesignated subsec. (i) as subsec. (c)(3).

Subsec. (j). Pub.L. 99-646, § 46(j), redesignated subsec. (j) as (d).

Subsec. (k). Pub.L. 99-646, § 46(k), redesignated subsec. (k) as (e).

1970 Amendments. Subsec. (a).  Pub.L. 91-405 included Delegate from District of Columbia in definition of "public official".

Effective and Applicability Provisions

1994 Acts. Section 330011(b) of Pub.L. 103-322 provided in part that the amendment made by such section, amending directory language of section 46(b) of Pub.L. 99-646 (which amended subsec. (b) of this section), was to take effect as of the date on which section 46(b) of Pub.L. 99-646 took effect;  for such effective date, see section 46(m) of Pub.L. 99-646, set out as a note under this section.

1986 Acts. Section 46(m) of Pub.L. 99-646 provided that:  "The amendments made by this section [to this section] shall take effect 30 days after the date of enactment of this Act [Nov. 10, 1986]."

1970 Acts. 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 25a of Title 2, The Congress.

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

Prior Provisions

Provisions similar to those comprising this section were contained in former §§ 201 to 213 of this title, prior to the general amendment of this chapter by Pub.L. 87-849.

Short Title

1996 Amendments. Pub.L. 104-177, § 1, Aug. 6, 1996, 110 Stat. 1563, provided that:  "This Act [amending section 205 of this title] may be cited as the 'Federal Employee Representation Improvement Act of 1996'."

1986 Amendments. Pub.L. 99-370, § 1, Aug. 4, 1986, 100 Stat. 779, provided that:  "This Act [amending section 215 of this title and enacting a provision set out as a note under section 215 of this title] may be cited as the 'Bank Bribery Amendments Act of 1985'."

Canal Zone

Applicability of section to Canal Zone, see § 14 of this title.

EXECUTIVE ORDERS 

EXECUTIVE ORDER NO. 11222

Ex. Ord. No. 11222, May 8, 1965, 30 F.R. 6469, as amended Ex. Ord. No. 11590, Apr. 23, 1971, 36 F.R. 7831;  Ex. Ord. 12107, Dec. 28, 1978, 44 F.R. 1055;  Ex. Ord. No. 12565, Sept. 25, 1986, 51 F.R. 34437, which related to standards of ethical conduct for government officers and employees, was revoked by 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.  Ex. Ord. No. 12565, which amended Ex. Ord. No. 11222, was also revoked by Ex. Ord. No. 12674.

MEMORANDUM OF ATTORNEY GENERAL REGARDING CONFLICT OF INTEREST PROVISIONS OF PUBLIC LAW 87-849

< Feb. 1, 1963, 28 F.R. 985 >

< January 28, 1963 >

Public Law 87-849, "To strengthen the criminal laws relating to bribery, graft, and conflicts of interest, and for other purposes," came into force January 21, 1963.  A number of departments and agencies of the Government have suggested that the Department of Justice prepare and distribute a memorandum analyzing the conflict of interest provisions contained in the new act.  I am therefore distributing the attached memorandum.

One of the main purposes of the new legislation merits specific mention.  That purpose is to help the Government obtain the temporary or intermittent services of persons with special knowledge and skills whose principal employment is outside the Government.  For the most part the conflict of interest statutes superseded by Public Law 87-849 imposed the same restraints on a person serving the Government temporarily or intermittently as on a full-time employee, and those statutes often had an unnecessarily severe impact on the former.  As a result, they impeded the departments and agencies in the recruitment of experts for important work.  Public Law 87-849 meets this difficulty by imposing a lesser array of prohibitions on temporary and intermittent employees than on regular employees.  I believe that a widespread appreciation of this aspect of the new law will lead to a significant expansion of the poll of talent on which the departments and agencies can draw for their special needs.

Robert F. Kennedy,
 

Attorney General.
 

Memorandum re the Conflict of Interest Provisions of Public Law 87-849, 76 Stat. 1119, Approved October 23, 1962

Introduction

Public Law 87-849, which came into force January 21, 1963, affected seven statutes which applied to officers and employees of the Government and were generally spoken of as the "conflict of interest" laws.  These included six sections of the criminal code, 18 U.S.C. 216, 281, 283, 284, 434 and 1914 [§§ 216, 281, 283, 284, 434 and 1914 of this title], and a statute containing no penalties, § 190 of the Revised Statutes (5 U.S.C. 99) [former § 99 of Title 5, now covered by § 207 of this title].  Public Law 87-849 (sometimes referred to hereinafter as "the Act") repealed § 190 and one of the criminal statutes, 18 U.S.C. 216, without replacing them. [FN1]  In addition it repealed and supplanted the other five criminal statutes.  It is the purpose of this memorandum to summarize the new law and to describe the principal differences between it and the legislation it has replaced.

The Act accomplished its revisions by enacting new §§ 203, 205, 207, 208 and 209 of title 18 of the United States Code [§§ 203, 205, 207, 208 and 209 of this title] and providing that they supplant the above-mentioned §§ 281, 283, 284, 434 and 1914 of title 18 [§§ 281, 283, 284, 434 and 1914 of this title] respectively. [FN2]  It will be convenient, therefore, after summarizing the principal provisions of the new sections, to examine each section separately, comparing it with its precursor before passing to the next.  First of all, however, it is necessary to describe the background and provisions of the new 18 U.S.C. 202(a) [§ 202(a) of this title], which has no counterpart among the statutes formerly in effect.