Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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# 18 U.S.C. § 202 - Definitions
## Text
(a) For the purpose of sections 203, 205, 207, 208, and 209 of this title the term “special Government employee” shall mean an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States or of the District of Columbia, who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed one hundred and thirty days during any period of three hundred and sixty-five consecutive days, temporary duties either on a full-time or intermittent basis, a part-time United States commissioner, a part-time United States magistrate judge, or, regardless of the number of days of appointment, an independent counsel appointed under chapter 40 of title 28 and any person appointed by that independent counsel under section 594(c) of title 28. Notwithstanding the next preceding sentence, every person serving as a part-time local representative of a Member of Congress in the Members home district or State shall be classified as a special Government employee. Notwithstanding sections 502, 2105(d), and 5534 of title 5, a Reserve officer of the Armed Forces, an officer of the Space Force not serving on sustained duty pursuant to section 20105 of title 10, or an officer of the National Guard of the United States, unless otherwise an officer or employee of the United States, shall be classified as a special Government employee while on active duty solely for training. Such an officer who is voluntarily serving a period of extended active duty in excess of one hundred and thirty days shall be classified as an officer of the United States within the meaning of section 203 and sections 205 through 209 and 218. Such an officer who is serving involuntarily shall be classified as a special Government employee. The terms “officer or employee” and “special Government employee” as used in sections 203, 205, 207 through 209, and 218, shall not include enlisted members of the Armed Forces.
(b) For the purposes of sections 205 and 207 of this title, the term “official responsibility” means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct Government action.
(c) Except as otherwise provided in such sections, the terms “officer” and “employee” in sections 203, 205, 207 through 209, and 218 of this title shall not include the President, the Vice President, a Member of Congress, or a Federal judge.
(d) The term “Member of Congress” in sections 204 and 207 means—
(1) a United States Senator; and
(2) a Representative in, or a Delegate or Resident Commissioner to, the House of Representatives.
(e) As used in this chapter, the term—
(1) “executive branch” includes each executive agency as defined in title 5, and any other entity or administrative unit in the executive branch;
(2) “judicial branch” means the Supreme Court of the United States; the United States courts of appeals; the United States district courts; the Court of International Trade; the United States bankruptcy courts; any court created pursuant to article I of the United States Constitution, including the Court of Appeals for the Armed Forces, the United States Court of Federal Claims, and the United States Tax Court, but not including a court of a territory or possession of the United States; the Federal Judicial Center; and any other agency, office, or entity in the judicial branch; and
(3) “legislative branch” means—
(A) the Congress; and
(B) the Office of the Architect of the Capitol, the United States Botanic Garden, the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, the United States Capitol Police, and any other agency, entity, office, or commission established in the legislative branch.
(Added Pub. L. 87849, § 1(a), Oct. 23, 1962, 76 Stat. 1121; amended Pub. L. 90578, title III, § 301(b), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 100191, § 3(a), Dec. 15, 1987, 101 Stat. 1306; Pub. L. 101194, title IV, § 401, Nov. 30, 1989, 103 Stat. 1747; Pub. L. 101280, § 5(a), May 4, 1990, 104 Stat. 158; Pub. L. 101650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103337, div. A, title IX, § 924(d)(1)(B), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 118159, div. A, title V, § 568(a), (c), Dec. 23, 2024, 138 Stat. 1905, 1906.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 202, act June 25, 1948, ch. 645, 62 Stat. 691, prescribed penalties for any officer or other person who accepted or solicited anything of value to influence his decision, prior to the general amendment of this chapter by Pub. L. 87849, and is substantially covered by revised section 201.
Amendments2024—Subsec. (a). Pub. L. 118159, § 568(c), substituted “sections 502, 2105(d), and 5534 of title 5” for “section 29(c) and (d) of the Act of August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r(c) and (d))”. Pub. L. 118159, § 568(a), inserted “an officer of the Space Force not serving on sustained duty pursuant to section 20105 of title 10,” after “of the Armed Forces,” in third sentence and substituted “Such an officer who is” for “A Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is” in fourth and fifth sentences. 2004—Subsec. (e)(3)(B). Pub. L. 108271 substituted “Government Accountability Office” for “General Accounting Office”. 1994—Subsec. (e)(2). Pub. L. 103337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”. 1992—Subsec. (e)(2). Pub. L. 102572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1990—Subsec. (c). Pub. L. 101280, § 5(a)(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Except as otherwise provided in such sections, the terms officer and employee in sections 203, 205, 207, 208, and 209 of this title, mean those individuals defined in sections 2104 and 2105 of title 5. The terms officer and employee shall not include the President, the Vice President, a Member of Congress, or a Federal judge.” Subsec. (d). Pub. L. 101280, § 5(a)(2), substituted “means” for “shall include”. Subsec. (e)(1). Pub. L. 101280, § 5(a)(3)(1), substituted “includes each” for “means any”. Subsec. (e)(3)(A). Pub. L. 101280, § 5(a)(3)(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “a Member of Congress, or any officer or employee of the United States Senate or United States House of Representatives; and”. Subsec. (e)(3)(B). Pub. L. 101280, § 5(a)(3)(2)(B), substituted “the Office” for “an officer or employee”. 1989—Subsecs. (c) to (e). Pub. L. 101194 added subsecs. (c) to (e). 1987—Subsec. (a). Pub. L. 100191 expanded definition of “special Government employee” to include an independent counsel appointed under chapter 40 of title 28 and any person appointed by that independent counsel under section 594(c) of title 28, regardless of the number of days of appointment. 1968—Subsec. (a). Pub. L. 90578 substituted “a part-time United States commissioner, or a part-time United States magistrate” for “or a part-time United States Commissioner”.
Statutory Notes and Related Subsidiaries
Change of Name “United States magistrate judge” substituted for “United States magistrate” in subsec. (a) on authority of section 321 of Pub. L. 101650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. “Government Publishing Office” substituted for “Government Printing Office” in subsec. (e)(3)(B) on authority of section 1301(b) of Pub. L. 113235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Effective Date of 1992 AmendmentAmendment by Pub. L. 102572 effective Oct. 29, 1992, see section 911 of Pub. L. 102572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1987 AmendmentAmendment by Pub. L. 100191 effective Dec. 15, 1987, and applicable to independent counsel proceedings under 28 U.S.C. 591 et seq. pending on that date as well as to proceedings on and after that date, see section 6 of Pub. L. 100191, set out as a note under section 591 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1968 AmendmentAmendment by Pub. L. 90578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90578, see section 403 of Pub. L. 90578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Effective DateSection effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87849, set out as a note under section 201 of this title.
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# 18 U.S.C. § 203 - Compensation to Members of Congress, officers, and others in matters affecting the Government
## Text
(a) Whoever, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly—
(1) demands, seeks, receives, accepts, or agrees to receive or accept any compensation for any representational services, as agent or attorney or otherwise, rendered or to be rendered either personally or by another—
(A) at a time when such person is a Member of Congress, Member of Congress Elect, Delegate, Delegate Elect, Resident Commissioner, or Resident Commissioner Elect; or
(B) at a time when such person is an officer or employee or Federal judge of the United States in the executive, legislative, or judicial branch of the Government, or in any agency of the United States,
in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest, before any department, agency, court, court-martial, officer, or any civil, military, or naval commission; or
(2) knowingly gives, promises, or offers any compensation for any such representational services rendered or to be rendered at a time when the person to whom the compensation is given, promised, or offered, is or was such a Member, Member Elect, Delegate, Delegate Elect, Commissioner, Commissioner Elect, Federal judge, officer, or employee;shall be subject to the penalties set forth in section 216 of this title.
(b) Whoever, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly—
(1) demands, seeks, receives, accepts, or agrees to receive or accept any compensation for any representational services, as agent or attorney or otherwise, rendered or to be rendered either personally or by another, at a time when such person is an officer or employee of the District of Columbia, in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the District of Columbia is a party or has a direct and substantial interest, before any department, agency, court, officer, or commission; or
(2) knowingly gives, promises, or offers any compensation for any such representational services rendered or to be rendered at a time when the person to whom the compensation is given, promised, or offered, is or was an officer or employee of the District of Columbia;
shall be subject to the penalties set forth in section 216 of this title.
(c) A special Government employee shall be subject to subsections (a) and (b) only in relation to a particular matter involving a specific party or parties—
(1) in which such employee has at any time participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise; or
(2) which is pending in the department or agency of the Government in which such employee is serving except that paragraph (2) of this subsection shall not apply in the case of a special Government employee who has served in such department or agency no more than sixty days during the immediately preceding period of three hundred and sixty-five consecutive days.
(d) Nothing in this section prevents an officer or employee, including a special Government employee, from acting, with or without compensation, as agent or attorney for or otherwise representing his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except—
(1) in those matters in which he has participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or
(2) in those matters that are the subject of his official responsibility,
subject to approval by the Government official responsible for appointment to his position.
(e) Nothing in this section prevents a special Government employee from acting as agent or attorney for another person in the performance of work under a grant by, or a contract with or for the benefit of, the United States if the head of the department or agency concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the Federal Register.
(f) Nothing in this section prevents an individual from giving testimony under oath or from making statements required to be made under penalty of perjury.
(Added Pub. L. 87849, § 1(a), Oct. 23, 1962, 76 Stat. 1121; amended Pub. L. 91405, title II, § 204(d)(2), (3), Sept. 22, 1970, 84 Stat. 853; Pub. L. 99646, § 47(a), Nov. 10, 1986, 100 Stat. 3604; Pub. L. 101194, title IV, § 402, Nov. 30, 1989, 103 Stat. 1748; Pub. L. 101280, § 5(b), May 4, 1990, 104 Stat. 159.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 203, act June 25, 1948, ch. 645, 62 Stat. 692, related to the acceptance or demand by district attorneys, or marshals and their assistants of any fee other than provided by law, prior to the general amendment of this chapter by Pub. L. 87849 and is substantially covered by revised section 201. Provisions similar to those comprising this section were contained in section 281 of this title prior to the repeal of such section and the general amendment of this chapter by Pub. L. 87849.
Amendments1990—Subsec. (a)(1)(B). Pub. L. 101280, § 5(b)(1), inserted “or Federal judge” after “employee”. Subsec. (a)(2). Pub. L. 101280, § 5(b)(2), inserted “Commissioner Elect, Federal judge,” after “Commissioner,”. Subsec. (b)(2). Pub. L. 101280, § 5(b)(3), inserted “representational” before “services”. Subsec. (d)(1). Pub. L. 101280, § 5(b)(4), substituted “Government employee or as a special Government employee” for “Government employee,”. Subsec. (f). Pub. L. 101280, § 5(b)(5), added subsec. (f). 1989—Subsec. (a). Pub. L. 101194, § 402(3), in concluding provisions, substituted “shall be subject to the penalties set forth in section 216 of this title” for “shall be fined under this title or imprisoned for not more than two years, or both; and shall be incapable of holding any office of honor, trust, or profit under the United States”. Subsec. (a)(1). Pub. L. 101194, § 402(1), (2), (7), in introductory provisions, substituted “representational services, as agent or attorney or otherwise,” for “services”, in concluding provisions, inserted “court,” after “department, agency,” and in subpar. (B), struck out “including the District of Columbia,” after “agency of the United States”. Subsec. (a)(2). Pub. L. 101194, § 402(4)(6), inserted “representational” before “services”, “Member Elect,” after “Member,” and “Delegate Elect,” after “Delegate,”. Subsec. (b). Pub. L. 101194, § 402(9), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 101194, § 402(8), redesignated subsec. (b) as (c) and substituted “subsections (a) and (b)” for “subsection (a)”. Subsecs. (d), (e). Pub. L. 101194, § 402(10), added subsecs. (d) and (e). 1986—Pub. L. 99646, § 47(a)(3)(D), provided for alignment of margins of each subsection, paragraph, and subparagraph of this section. Subsec. (a). Pub. L. 99646, § 47(a)(1), (2), substituted “indirectly—” for “indirectly” in introductory provisions, redesignated the undesignated par. which followed former subsec. (b) as concluding par. of subsec. (a), and substituted “shall be fined under this title” for “Shall be fined not more than $10,000”. Subsec. (a)(1). Pub. L. 99646, § 47(a)(1), substituted “(1) demands, seeks, receives, accepts, or agrees to receive or accept any” for “receives or agrees to receive, or asks, demands, solicits, or seeks, any” and “personally or by” for “by himself or”, redesignated former par. (1) as subpar. (A) and substituted “such person” for “he” and “Delegate, Delegate Elect” for “Delegate from the District of Columbia, Delegate Elect from the District of Columbia”, redesignated former par. (2) as subpar. (B) and substituted “such person” for “he”, and in closing provisions substituted “commission; or” for “commission, or”. Subsec. (a)(2). Pub. L. 99646, § 47(a)(2), redesignated former subsec. (b) as par. (2) and substituted “knowingly gives” for “Whoever, knowingly, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly gives” and “employee;” for “employee—”. Subsecs. (b), (c). Pub. L. 99646, § 47(a)(3), (4), redesignated former subsec. (c) as (b) and substituted “parties—” for “parties”, “such employee” for “he”, “otherwise; or” for “otherwise, or”, and “in which such employee is serving except that paragraph (2) of this subsection” for “in which he is serving: Provided, That clause (2)”. Former subsec. (b) redesignated (a)(2). 1970—Subsec. (a)(1). Pub. L. 91405, § 204(d)(2), included references to Delegate from District of Columbia and Delegate Elect from District of Columbia. Subsec. (b). Pub. L. 91405, § 204(d)(3), included reference to Delegate.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 AmendmentPub. L. 99646, § 47(b), Nov. 10, 1986, 100 Stat. 3605, provided that: “The amendments made by this section [amending this section] shall take effect 30 days after the date of enactment of this Act [Nov. 10, 1986].”
Effective Date of 1970 AmendmentAmendment by Pub. L. 91405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91405, set out as an Effective Date note under section 25a of Title 2, The Congress.
Effective DateSection effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87849, set out as a note under section 201 of this title.
ExemptionsPub. L. 87849, § 2, Oct. 23, 1962, 76 Stat. 1126, provided in part that: “All exemptions from the provisions of sections 281, 282, 283, 284, 434, or 1914 of title 18 of the United States Code heretofore created or authorized by statute which are in force on the effective date of this Act [see Effective Date note under section 201 of this title] shall, on and after that date, be deemed to be exemptions from sections 203, 204, 205, 207, 208, or 209, respectively, of title 18 of the United States Code except to the extent that they affect officers or employees of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, as to whom they are no longer applicable.”
Private Sector Representatives on United States Delegations to International Telecommunications Meetings and ConferencesPub. L. 97241, title I, § 120, Aug. 24, 1982, 96 Stat. 280, provided that: “(a) Sections 203, 205, 207, and 208 of title 18, United States Code, shall not apply to a private sector representative on the United States delegation to an international telecommunications meeting or conference who is specifically designated to speak on behalf of or otherwise represent the interests of the United States at such meeting or conference with respect to a particular matter, if the Secretary of State (or the Secretarys designee) certifies that no Government employee on the delegation is as well qualified to represent United States interests with respect to such matter and that such designation serves the national interest. All such representatives shall have on file with the Department of State the financial disclosure report required for special Government employees. “(b) As used in this section, the term international telecommunications meeting or conference means the conferences of the International Telecommunications Union, meetings of its International Consultative Committees for Radio and for Telephone and Telegraph, and such other international telecommunications meetings or conferences as the Secretary of State may designate.”
Executive Documents
Delegation of Authority Authority of President under subsec. (d) 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 President under subsec. (d) 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 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.
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# 18 U.S.C. § 204 - Practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress
## Text
Whoever, being a Member of Congress or Member of Congress Elect, practices in the United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit shall be subject to the penalties set forth in section 216 of this title.
(Added Pub. L. 87849, § 1(a), Oct. 23, 1962, 76 Stat. 1122; amended Pub. L. 91405, title II, § 204(d)(2), Sept. 22, 1970, 84 Stat. 853; Pub. L. 97164, title I, § 147, Apr. 2, 1982, 96 Stat. 45; Pub. L. 101194, title IV, § 403, Nov. 30, 1989, 103 Stat. 1749; Pub. L. 102572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 204, act June 25, 1948, ch. 645, 62 Stat. 692, related to an offer to influence a Member of Congress, prior to the general amendment of this chapter by Pub. L. 87849 and is substantially covered by revised section 201. Provisions similar to this section were contained in former section 282 of this title prior to the repeal of such section and the general amendment of this chapter by Pub. L. 87849.
Amendments1992—Pub. L. 102572 substituted “United States Court of Federal Claims” for “United States Claims Court” in section catchline and in text. 1989—Pub. L. 101194 amended section generally. Prior to amendment, section read as follows: “Who­ever, being a Member of Congress, Member of Congress Elect, Delegate from the District of Columbia, Delegate Elect from the District of Columbia, Resident Commissioner, or Resident Commissioner Elect, practices in the United States Claims Court or the United States Court of Appeals for the Federal Circuit, shall be fined not more than $10,000 or imprisoned for not more than two years, or both, and shall be incapable of holding any office of honor, trust, or profit under the United States.” 1982—Pub. L. 97164 substituted “United States Claims Court or the United States Court of Appeals for the Federal Circuit” for “Court of Claims”. 1970—Pub. L. 91405 included references to Delegate from District of Columbia and Delegate Elect from District of Columbia.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102572 effective Oct. 29, 1992, see section 911 of Pub. L. 102572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1982 AmendmentAmendment by Pub. L. 97164 effective Oct. 1, 1982, see section 402 of Pub. L. 97164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1970 AmendmentAmendment by Pub. L. 91405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91405, set out as an Effective Date note under section 25a of Title 2, The Congress.
Effective DateSection effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87849, set out as a note under section 201 of this title.
ExemptionsExemptions from former section 282 of this title deemed to be exemptions from this section, see section 2 of Pub. L. 87849, set out as a note under section 203 of this title.
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# 18 U.S.C. § 205 - Activities of officers and employees in claims against and other matters affecting the Government
## Text
(a) Whoever, being an officer or employee of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, other than in the proper discharge of his official duties—
(1) acts as agent or attorney for prosecuting any claim against the United States, or receives any gratuity, or any share of or interest in any such claim, in consideration of assistance in the prosecution of such claim; or
(2) acts as agent or attorney for anyone before any department, agency, court, court-martial, officer, or civil, military, or naval commission in connection with any covered matter in which the United States is a party or has a direct and substantial interest;
shall be subject to the penalties set forth in section 216 of this title.
(b) Whoever, being an officer or employee of the District of Columbia or an officer or employee of the Office of the United States Attorney for the District of Columbia, otherwise than in the proper discharge of official duties—
(1) acts as agent or attorney for prosecuting any claim against the District of Columbia, or receives any gratuity, or any share of or interest in any such claim in consideration of assistance in the prosecution of such claim; or
(2) acts as agent or attorney for anyone before any department, agency, court, officer, or commission in connection with any covered matter in which the District of Columbia is a party or has a direct and substantial interest;
shall be subject to the penalties set forth in section 216 of this title.
(c) A special Government employee shall be subject to subsections (a) and (b) only in relation to a covered matter involving a specific party or parties—
(1) in which he has at any time participated personally and substantially as a Government employee or special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or
(2) which is pending in the department or agency of the Government in which he is serving.
Paragraph (2) shall not apply in the case of a special Government employee who has served in such department or agency no more than sixty days during the immediately preceding period of three hundred and sixty-five consecutive days.
(d) (1) Nothing in subsection (a) or (b) prevents an officer or employee, if not inconsistent with the faithful performance of that officers or employees duties, from acting without compensation as agent or attorney for, or otherwise representing—
(A) any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings; or
(B) except as provided in paragraph (2), any cooperative, voluntary, professional, recreational, or similar organization or group not established or operated for profit, if a majority of the organizations or groups members are current officers or employees of the United States or of the District of Columbia, or their spouses or dependent children.
(2) Paragraph (1)(B) does not apply with respect to a covered matter that—
(A) is a claim under subsection (a)(1) or (b)(1);
(B) is a judicial or administrative proceeding where the organization or group is a party; or
(C) involves a grant, contract, or other agreement (including a request for any such grant, contract, or agreement) providing for the disbursement of Federal funds to the organization or group.
(e) Nothing in subsection (a) or (b) prevents an officer or employee, including a special Government employee, from acting, with or without compensation, as agent or attorney for, or otherwise representing, his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except—
(1) in those matters in which he has participated personally and substantially as a Government employee or special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or
(2) in those matters which are the subject of his official responsibility,
subject to approval by the Government official responsible for appointment to his position.
(f) Nothing in subsection (a) or (b) prevents a special Government employee from acting as agent or attorney for another person in the performance of work under a grant by, or a contract with or for the benefit of, the United States if the head of the department or agency concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the Federal Register.
(g) Nothing in this section prevents an officer or employee from giving testimony under oath or from making statements required to be made under penalty for perjury or contempt.
(h) For the purpose of this section, the term “covered matter” means any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter.
(i) Nothing in this section prevents an employee from acting pursuant to—
(1) chapter 71 of title 5;
(2) section 1004 or chapter 12 of title 39;
(3) section 3 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831b);
(4) chapter 10 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4104 et seq.); or
(5) any provision of any other Federal or District of Columbia law that authorizes labor-management relations between an agency or instrumentality of the United States or the District of Columbia and any labor organization that represents its employees.
(Added Pub. L. 87849, § 1(a), Oct. 23, 1962, 76 Stat. 1122; amended Pub. L. 101194, title IV, § 404, Nov. 30, 1989, 103 Stat. 1750; Pub. L. 101280, § 5(c), May 4, 1990, 104 Stat. 159; Pub. L. 104177, § 2, Aug. 6, 1996, 110 Stat. 1563; Pub. L. 107273, div. B, title IV, § 4002(a)(9), Nov. 2, 2002, 116 Stat. 1807.)
## Notes
Editorial Notes
References in TextThe Foreign Service Act of 1980, referred to in subsec. (i)(4), is Pub. L. 96465, Oct. 17, 1980, 94 Stat. 2071. Chapter 10 of title I of the Act is classified generally to subchapter X (§ 4101 et seq.) of chapter 52 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Tables.
Prior ProvisionsA prior section 205, act June 25, 1948, ch. 645, 62 Stat. 692, related to the acceptance by a Member of Congress of anything of value to influence him, prior to the general amendment of this chapter by Pub. L. 87849 and is substantially covered by revised section 201. Provisions similar to those comprising this section were contained in section 283 of this title prior to the repeal of such section and the general amendment of this chapter by Pub. L. 87849.
Amendments2002—Subsec. (d)(1)(B). Pub. L. 107273 substituted “groups” for “groupss”. 1996—Subsec. (d). Pub. L. 104177, § 2(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Nothing in subsection (a) or (b) prevents an officer or employee, if not inconsistent with the faithful performance of his duties, from acting without compensation as agent or attorney for, or otherwise representing, any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings.” Subsec. (i). Pub. L. 104177, § 2(b), added subsec. (i). 1990—Subsec. (a)(2). Pub. L. 101280, § 5(c)(1), substituted “civil” for “any civil”. Subsec. (b)(2). Pub. L. 101280, § 5(c)(2), substituted “commission” for “any commission”. 1989—Pub. L. 101194 amended section generally, revising and restating as subsecs. (a) to (h) provisions formerly consisting of eight undesignated pars.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87849, set out as a note under section 201 of this title.
ExemptionsExemptions from former section 283 of this title deemed to be exemptions from this section, see section 2 of Pub. L. 87849, set out as a note under section 203 of this title.
Executive Documents
Delegation of Authority Authority of President under subsec. (e) 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 President under subsec. (e) 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 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.
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# 18 U.S.C. § 206 - Exemption of retired officers of the uniformed services
## Text
Sections 203 and 205 of this title shall not apply to a retired officer of the uniformed services of the United States while not on active duty and not otherwise an officer or employee of the United States, or to any person specially excepted by Act of Congress.
(Added Pub. L. 87849, § 1(a), Oct. 23, 1962, 76 Stat. 1123.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 206, act June 25, 1948, ch. 645, 62 Stat. 692, related to an offer to a judge or judicial officer to influence him, prior to the general amendment of this chapter by Pub. L. 87849 and is substantially covered by revised section 201.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87849, set out as a note under section 201 of this title.
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# 18 U.S.C. § 208 - Acts affecting a personal financial interest
## Text
(a) Except as permitted by subsection (b) hereof, whoever, being an officer or employee of the executive branch of the United States Government, or of any independent agency of the United States, a Federal Reserve bank director, officer, or employee, or an officer or employee of the District of Columbia, including a special Government employee, participates personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which, to his knowledge, he, his spouse, minor child, general partner, organization in which he is serving as officer, director, trustee, general partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest—Shall be subject to the penalties set forth in section 216 of this title.
(b) Subsection (a) shall not apply—
(1) if the officer or employee first advises the Government official responsible for appointment to his or her 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;
(2) if, by regulation issued by the Director of the Office of Government Ethics, applicable to all or a portion of all officers and employees covered by this section, and published in the Federal Register, the financial interest has been exempted from the requirements of subsection (a) as being too remote or too inconsequential to affect the integrity of the services of the Government officers or employees to which such regulation applies;
(3) in the case of a special Government employee serving on an advisory committee within the meaning of chapter 10 of title 5 (including an individual being considered for an appointment to such a position), the official responsible for the employees appointment, after review of the financial disclosure report filed by the individual pursuant to chapter 131 of title 5, certifies in writing that the need for the individuals services outweighs the potential for a conflict of interest created by the financial interest involved; or
(4) if the financial interest that would be affected by the particular matter involved is that resulting solely from the interest of the officer or employee, or his or her spouse or minor child, in birthrights—
(A) in an Indian tribe, band, nation, or other organized group or community, including any Alaska Native village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians,
(B) in an Indian allotment the title to which is held in trust by the United States or which is inalienable by the allottee without the consent of the United States, or
(C) in an Indian claims fund held in trust or administered by the United States,
if the particular matter does not involve the Indian allotment or claims fund or the Indian tribe, band, nation, organized group or community, or Alaska Native village corporation as a specific party or parties.
(c) (1) For the purpose of paragraph (1) of subsection (b), in the case of class A and B directors of Federal Reserve banks, the Board of Governors of the Federal Reserve System shall be deemed to be the Government official responsible for appointment.
(2) The potential availability of an exemption under any particular paragraph of subsection (b) does not preclude an exemption being granted pursuant to another paragraph of subsection (b).
(d) (1) Upon request, a copy of any determination granting an exemption under subsection (b)(1) or (b)(3) shall be made available to the public by the agency granting the exemption pursuant to the procedures set forth in section 13107 of title 5. In making such determination available, the agency may withhold from disclosure any information contained in the determination that would be exempt from disclosure under section 552 of title 5. For purposes of determinations under subsection (b)(3), the information describing each financial interest shall be no more extensive than that required of the individual in his or her financial disclosure report under chapter 131 of title 5.
(2) The Office of Government Ethics, after consultation with the Attorney General, shall issue uniform regulations for the issuance of waivers and exemptions under subsection (b) which shall—
(A) list and describe exemptions; and
(B) provide guidance with respect to the types of interests that are not so substantial as to be deemed likely to affect the integrity of the services the Government may expect from the employee.
(Added Pub. L. 87849, § 1(a), Oct. 23, 1962, 76 Stat. 1124; amended Pub. L. 95188, title II, § 205, Nov. 16, 1977, 91 Stat. 1388; Pub. L. 101194, title IV, § 405, Nov. 30, 1989, 103 Stat. 1751; Pub. L. 101280, § 5(e), May 4, 1990, 104 Stat. 159; Pub. L. 103322, title XXXIII, §§ 330002(b), 330008(6), Sept. 13, 1994, 108 Stat. 2140, 2143; Pub. L. 117286, § 4(a)(134), (c)(27), Dec. 27, 2022, 136 Stat. 4320, 4357.)
## Notes
Editorial Notes
References in TextThe Alaska Native Claims Settlement Act, referred to in subsec. (b)(4)(A), is Pub. L. 92203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
Prior ProvisionsA prior section 208, act June 25, 1948, ch. 645, 62 Stat. 693, related to the acceptance of solicitation of a bribe by a judicial officer, prior to the general amendment of this chapter by Pub. L. 87849 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. 87849.
Amendments2022—Subsec. (b)(3). Pub. L. 117286, § 4(a)(134), (c)(27)(A), substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act” and “chapter 131 of title 5,” for “the Ethics in Government Act of 1978,”. Subsec. (d)(1). Pub. L. 117286, § 4(c)(27)(B), substituted “section 13107 of title 5.” for “section 105 of the Ethics in Government Act of 1978.” and “chapter 131 of title 5.” for “the Ethics in Government Act of 1978.” 1994—Subsec. (b)(4). Pub. L. 103322, § 330008(6), inserted “if” after “(4)”. Subsec. (c)(1). Pub. L. 103322, § 330002(b), substituted “banks” for “Banks”. 1990—Subsec. (a). Pub. L. 101280, § 5(e)(2), made technical correction to directory language of Pub. L. 101194, § 405(1)(C). See 1989 Amendment note below. Subsec. (b)(2). Pub. L. 101280, § 5(e)(1)(A), substituted “subsection (a)” for “paragraph (1)”. Subsec. (b)(3). Pub. L. 101280, § 5(e)(1)(B), struck out “section 107 of” after “individual pursuant to”. Subsec. (d)(1). Pub. L. 101280, § 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. 101194, § 405(1), as amended by Pub. L. 101280, § 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. 101194, § 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. 101194, § 405(2), added subsecs. (c) and (d). 1977—Subsec. (a). Pub. L. 95188, § 205(a), extended conflicts of interest prohibition to a Federal Reserve bank director, officer, or employee. Subsec. (b). Pub. L. 95188, § 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.”
Statutory Notes and Related Subsidiaries
Effective DateSection effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87849, set out as a note under section 201 of this title.
ExemptionsExemptions from former section 434 of this title deemed to be exemptions from this section, see section 2 of Pub. L. 87849, set out as a note under section 203 of this title.
“Particular Matter” Defined Pub. L. 100446, title III, § 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. 101194, title V, § 505(b), Nov. 30, 1989, 103 Stat. 1756, as amended by Pub. L. 101280, § 6(c), May 4, 1990, 104 Stat. 160. Similar provisions were contained in Pub. L. 100202, § 101(g) [title III, § 318], Dec. 22, 1987, 101 Stat. 1329213, 1329255.
Executive Documents
Promulgation of RegulationsResponsibility 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.
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.
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# 18 U.S.C. § 209 - Salary of Government officials and employees payable only by United States
## Text
(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; orWhoever, 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.
(h) This section does not prohibit a member of the reserve components of the armed forces, or a member of the Space Force, on active duty pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13) of title 10 from receiving from any person that employed such member before the call or order to active duty any payment of any part of the salary or wages that such person would have paid the member if the members employment had not been interrupted by such call or order to active duty.
(Added Pub. L. 87849, § 1(a), Oct. 23, 1962, 76 Stat. 1125; amended Pub. L. 96174, Dec. 29, 1979, 93 Stat. 1288; Pub. L. 97171, Apr. 13, 1982, 96 Stat. 67; Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99646, § 70, Nov. 10, 1986, 100 Stat. 3617; Pub. L. 101194, title IV, § 406, Nov. 30, 1989, 103 Stat. 1753; Pub. L. 101647, title XXXV, § 3510, Nov. 29, 1990, 104 Stat. 4922; Pub. L. 103322, title XXXIII, § 330008(7), Sept. 13, 1994, 108 Stat. 2143; Pub. L. 107273, div. A, title III, § 302(3), Nov. 2, 2002, 116 Stat. 1781; Pub. L. 107347, title II, § 209(g)(2), Dec. 17, 2002, 116 Stat. 2932; Pub. L. 108375, div. A, title VI, § 663, Oct. 28, 2004, 118 Stat. 1974; Pub. L. 118159, div. A, title V, § 568(b), Dec. 23, 2024, 138 Stat. 1906.)
## Notes
Editorial Notes
References in TextSection 501 of the Internal Revenue Code of 1986, referred to in subsec. (f), is classified to section 501 of Title 26, Internal Revenue Code.
Prior ProvisionsA 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. 87849 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. 87849.
Amendments2024—Subsec. (h). Pub. L. 118159 inserted “, or a member of the Space Force,” after “a member of the reserve components of the armed forces”. 2004—Subsec. (h). Pub. L. 108375 added subsec. (h). 2002—Subsec. (a). Pub. L. 107273, in second par., substituted “makes” for “or makes” and “supplements, the salary of any” for “supplements the salary of, any”. Subsec. (g). Pub. L. 107347 added subsec. (g). 1994—Subsec. (d). Pub. L. 103322 struck out “the” before “chapter 41”. 1990—Subsec. (d). Pub. L. 101647 substituted “chapter 41 of title 5” for “Government Employees Training Act (Public Law 85507, 72 Stat. 327; 5 U.S.C. 23012319, July 7, 1958)”. 1989—Subsec. (a). Pub. L. 101194 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. 99646 inserted “or, in the case of participants in overseas assignments, in excess of three hundred and sixty-five days”. Subsec. (f). Pub. L. 99514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”. 1982—Subsec. (f). Pub. L. 97171 added subsec. (f). 1979—Subsec. (e). Pub. L. 96174 added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
Effective DateSection effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87849, set out as a note under section 201 of this title.
ExemptionsExemptions from former section 1914 of this title deemed to be exemptions from this section, see section 2 of Pub. L. 87849, set out as a note under section 203 of this title.
Executive Documents
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.
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# 18 U.S.C. § 210 - Offer to procure appointive public office
## Text
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.
(June 25, 1948, ch. 645, 62 Stat. 694, § 210, formerly § 214; renumbered § 210, Pub. L. 87849, § 1(b), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 103322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on Title 18, U. S.C., 1940 ed., §§ 149 and 151 (Dec. 11, 1926, c. 3, §§ 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.
Editorial Notes
Prior ProvisionsA 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. 87849 and is substantially covered in revised section 201.
Amendments1994—Pub. L. 103322 substituted “fined under this title” for “fined not more than $1,000”.
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# 18 U.S.C. § 211 - Acceptance or solicitation to obtain appointive public office
## Text
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.
(June 25, 1948, ch. 645, 62 Stat. 694, § 211, formerly § 215; Sept. 13, 1951, ch. 380, 65 Stat. 320; renumbered § 211, Pub. L. 87849, § 1(b), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 103322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., §§ 150 and 151 (Dec. 11, 1926, ch. 3, §§ 2, 3, 44 Stat. 918). Same changes of style and substance were made in this section as in section 214 of this title.
Editorial Notes
Prior ProvisionsA 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. 87849 and is substantially covered in revised section 201.
Amendments1994—Pub. L. 103322 substituted “fined under this title” for “fined not more than $1,000” in two places. 1951—Act Sept. 13, 1951, inserted second paragraph.
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# 18 U.S.C. § 212 - Offer of loan or gratuity to financial institution examiner
## Text
(a) In General.— Except as provided in subsection (b), whoever, being an officer, director, or employee of a financial institution, makes or grants any loan or gratuity, to any examiner or assistant examiner who examines or has authority to examine such bank, branch, agency, organization, corporation, association, or institution—
(1) shall be fined under this title, imprisoned not more than 1 year, or both; and
(2) may be fined a further sum equal to the money so loaned or gratuity given.
(b) Regulations.— A Federal financial institution regulatory agency may prescribe regulations establishing additional limitations on the application for and receipt of credit under this section and on the application and receipt of residential mortgage loans under this section, after consulting with each other Federal financial institution regulatory agency.
(c) Definitions.— In this section:
(1) Examiner.— The term “examiner” means any person—
(A) appointed by a Federal financial institution regulatory agency or pursuant to the laws of any State to examine a financial institution; or
(B) elected under the law of any State to conduct examinations of any financial institutions.
(2) Federal financial institution regulatory agency.— The term “Federal financial institution regulatory agency” means—
(A) the Office of the Comptroller of the Currency;
(B) the Board of Governors of the Federal Reserve System;
(C) the Federal Deposit Insurance Corporation;
(D) the Federal Housing Finance Agency;
(E) the Farm Credit Administration;
(F) the Farm Credit System Insurance Corporation; and
(G) the Small Business Administration.
(3) Financial institution.— The term “financial institution” does not include a credit union, a Federal Reserve Bank, a Federal home loan bank, or a depository institution holding company.
(4) Loan.— The term “loan” does not include any credit card account established under an open end consumer credit plan or a loan secured by residential real property that is the principal residence of the examiner, if—
(A) the applicant satisfies any financial requirements for the credit card account or residential real property loan that are generally applicable to all applicants for the same type of credit card account or residential real property loan;
(B) the terms and conditions applicable with respect to such account or residential real property loan, and any credit extended to the examiner under such account or residential real property loan, are no more favorable generally to the examiner than the terms and conditions that are generally applicable to credit card accounts or residential real property loans offered by the same financial institution to other borrowers cardholders 11 So in original. in comparable circumstances under open end consumer credit plans or for residential real property loans; and
(C) with respect to residential real property loans, the loan is with respect to the primary residence of the applicant.
(Added Pub. L. 108198, § 2(a), Dec. 19, 2003, 117 Stat. 2899; amended Pub. L. 110289, div. A, title II, § 1216(c), July 30, 2008, 122 Stat. 2792; Pub. L. 111203, title III, § 377(1), July 21, 2010, 124 Stat. 1569.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 212, acts June 25, 1948, ch. 645, 62 Stat. 694, § 212, formerly § 217; Pub. L. 85699, title VII, § 701(a), Aug. 21, 1958, 72 Stat. 698; Pub. L. 86168, title I, § 104(h), Aug. 18, 1959, 73 Stat. 387; renumbered § 212, Pub. L. 87849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 10173, title IX, § 962(a)(1), Aug. 9, 1989, 103 Stat. 501; Pub. L. 101647, title XXV, § 2597(b), Nov. 29, 1990, 104 Stat. 4908; Pub. L. 103322, title XXXIII, §§ 330004(1), 330010(1), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2141, 2143, 2147, related to offer of loan or gratuity to bank examiner, prior to repeal by Pub. L. 108198, § 2(a), Dec. 19, 2003, 117 Stat. 2899. Another prior section 212, act June 25, 1948, ch. 645, 62 Stat. 693, related to an offer or threat to a customs officer or employee, prior to the general amendment to this chapter by Pub. L. 87849 and is substantially covered by revised section 201.
Amendments2010—Subsec. (c)(2)(C) to (H). Pub. L. 111203 redesignated subpars. (D) to (H) as (C) to (G), respectively, and struck out former subpar. (C) which read as follows: “the Office of Thrift Supervision;”. 2008—Subsec. (c)(2)(E). Pub. L. 110289 substituted “Federal Housing Finance Agency” for “Federal Housing Finance Board”.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress.
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# 18 U.S.C. § 213 - Acceptance of loan or gratuity by financial institution examiner
## Text
(a) In General.— Whoever, being an examiner or assistant examiner, accepts a loan or gratuity from any bank, branch, agency, organization, corporation, association, or institution examined by the examiner or from any person connected with it, shall—
(1) be fined under this title, imprisoned not more than 1 year, or both;
(2) may be fined a further sum equal to the money so loaned or gratuity given; and
(3) shall be disqualified from holding office as an examiner.
(b) Definitions.— In this section, the terms “examiner”, “Federal financial institution regulatory agency”, “financial institution”, and “loan” have the same meanings as in section 212.
(Added Pub. L. 108198, § 2(a), Dec. 19, 2003, 117 Stat. 2900.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 213, acts June 25, 1948, ch. 645, 62 Stat. 695, § 213, formerly § 218; Pub. L. 85699, title VII, § 701(b), Aug. 21, 1958, 72 Stat. 698; renumbered § 213, Pub. L. 87849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 10173, title IX, § 962(a)(2), Aug. 9, 1989, 103 Stat. 502; Pub. L. 101647, title XXV, § 2597(c), Nov. 29, 1990, 104 Stat. 4909; Pub. L. 103322, title XXXIII, §§ 330004(2), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2141, 2147, related to acceptance of loan or gratuity by bank examiner, prior to repeal by Pub. L. 108198, § 2(a), Dec. 19, 2003, 117 Stat. 2899. Another prior section 213, act June 25, 1948, ch. 645, 62 Stat. 693, related to the acceptance or demand of a bribe by a customs officer or employee, prior to the general amendment to this chapter by Pub. L. 87849 and is substantially covered by revised section 201.
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# 18 U.S.C. § 214 - Offer for procurement of Federal Reserve bank loan and discount of commercial paper
## Text
Whoever stipulates for or gives or receives, or consents or agrees to give or receive, any fee, commission, bonus, or thing of value for procuring or endeavoring to procure from any Federal Reserve bank any advance, loan, or extension of credit or discount or purchase of any obligation or commitment with respect thereto, either directly from such Federal Reserve bank or indirectly through any financing institution, unless such fee, commission, bonus, or thing of value and all material facts with respect to the arrangement or understanding therefor shall be disclosed in writing in the application or request for such advance, loan, extension of credit, discount, purchase, or commitment, shall be fined under this title or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 695, § 214, formerly § 219; renumbered § 214, Pub. L. 87849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 103322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on section 599 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, § 22(k), as added by act June 19, 1934, ch. 653, § 3, 48 Stat. 1108). Final sentence of said section 599, imposing civil liability on violators, was omitted as unnecessary, being merely a declaration of that rule of common law which in the absence of statute fixes civil liability on the wrongdoer. Minor changes were made in phraseology.
Editorial Notes
Prior ProvisionsA prior section 214 of this title was renumbered section 210.
Amendments1994—Pub. L. 103322 substituted “fined under this title” for “fined not more than $5,000”.
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# 18 U.S.C. § 215 - Receipt of commissions or gifts for procuring loans
## Text
(a) Whoever—
(1) corruptly gives, offers, or promises anything of value to any person, with intent to influence or reward an officer, director, employee, agent, or attorney of a financial institution in connection with any business or transaction of such institution; or
(2) as an officer, director, employee, agent, or attorney of a financial institution, corruptly solicits or demands for the benefit of any person, or corruptly accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business or transaction of such institution;
shall be fined not more than $1,000,000 or three times the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted, whichever is greater, or imprisoned not more than 30 years, or both, but if the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted does not exceed $1,000, shall be fined under this title or imprisoned not more than one year, or both.
[(b) Transferred]
(c) This section shall not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business.
(d) Federal agencies with responsibility for regulating a financial institution shall jointly establish such guidelines as are appropriate to assist an officer, director, employee, agent, or attorney of a financial institution to comply with this section. Such agencies shall make such guidelines available to the public.
(June 25, 1948, ch. 645, 62 Stat. 695, § 215, formerly § 220; Sept. 21, 1950, ch. 967, § 4, 64 Stat. 894; renumbered § 215, Pub. L. 87849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 98473, title II, § 1107(a), Oct. 12, 1984, 98 Stat. 2145; Pub. L. 99370, § 2, Aug. 4, 1986, 100 Stat. 779; Pub. L. 10173, title IX, §§ 961(a), 962(e)(1), Aug. 9, 1989, 103 Stat. 499, 503; Pub. L. 101647, title XXV, § 2504(a), Nov. 29, 1990, 104 Stat. 4861; Pub. L. 103322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511.)
## Notes
Historical and Revision NotesBased on sections 595, 1125, and 1315 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, § 22, first sentence of second paragraph, 38 Stat. 272; July 17, 1916, ch. 245, § 211(e), as added Mar. 4, 1923, ch. 252, § 2, 42 Stat. 1460; June 21, 1917, ch. 32, § 11, 40 Stat. 240; Sept. 26, 1918, ch. 177, § 5, part 22(c), 40 Stat. 970; Mar. 4, 1923, ch. 252, title II, § 216(e), 42 Stat. 1472). The punishment provisions of the three sections were identical, and all other provisions thereof were similar, except that section 595 of title 12, U.S.C., 1940 ed., Banks and Banking, relating to officers, directors, employees, or attorneys of member banks of the Federal Reserve System, did not include the terms “agent” and “acceptance” and did not include the phrase “or extension or renewal of loan or substitution of security”. Words “shall be deemed guilty of a misdemeanor” were omitted because of definition of misdemeanor in section 1 of this title. Words “and upon conviction” and “and shall upon conviction thereof” were omitted as surplusage because punishment cannot be imposed until after conviction. Verbal changes were made for style purposes.
Editorial Notes
Prior ProvisionsA prior section 215 of this title was renumbered section 211.
Amendments1996—Subsec. (a). Pub. L. 104294 substituted “$1,000” for “$100” in concluding provisions. 1994—Subsec. (a). Pub. L. 103322 substituted “fined under this title” for “fined not more than $1,000” in concluding provisions. 1990—Subsec. (a). Pub. L. 101647 substituted “30” for “20” before “years” in concluding provisions. 1989—Subsec. (a). Pub. L. 10173, § 961(a), in closing provisions, substituted “$1,000,000” for “$5,000” and “20 years” for “five years”. Subsec. (b). Pub. L. 10173, § 962(e)(1), transferred subsec. (b) to section 20 of this title. 1986—Pub. L. 99370 amended section generally, combining in subsec. (a) the statement of prohibited activities formerly set out in subsecs. (a) and (b), transferring to subsec. (b) and expanding provisions formerly set out in subsec. (c) which defined “financial institution”, transferring to subsec. (c) and amending provisions formerly set out in subsec. (d) relating to applicability of section, and adding new subsec. (d) relating to establishment of guidelines to assist financial institutions in complying with this section. 1984—Pub. L. 98473 amended section generally. Prior to amendment section read as follows: “Whoever, being an officer, director, employee, agent, or attorney of any bank, the deposits of which are insured by the Federal Deposit Insurance Corporation, of a Federal intermediate credit bank, or of a National Agricultural Credit Corporation, except as provided by law, stipulates for or receives or consents or agrees to receive any fee, commission, gift, or thing of value, from any person, firm, or corporation, for procuring or endeavoring to procure for such person, firm, or corporation, or for any other person, firm, or corporation, from any such bank or corporation, any loan or extension or renewal of loan or substitution of security, or the purchase or discount or acceptance of any paper, note, draft, check, or bill of exchange by any such bank or corporation, shall be fined not more than $5,000 or imprisoned not more than one year or both.” 1950—Act Sept. 21, 1950, substituted “any bank, the deposits of which are insured by the Federal Deposit Insurance Corporation” for “a member bank of the Federal Reserve System”.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 AmendmentPub. L. 99370, § 3, Aug. 4, 1986, 100 Stat. 780, provided that: “This Act and the amendments made by this Act [amending this section and enacting a provision set out as a note under section 201 of this title] shall take effect 30 days after the date of the enactment of this Act [Aug. 4, 1986].”
@@ -0,0 +1,51 @@
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# 18 U.S.C. § 216 - Penalties and injunctions
## Text
(a) The punishment for an offense under section 203, 204, 205, 207, 208, or 209 of this title is the following:
(1) Whoever engages in the conduct constituting the offense shall be imprisoned for not more than one year or fined in the amount set forth in this title, or both.
(2) Whoever willfully engages in the conduct constituting the offense shall be imprisoned for not more than five years or fined in the amount set forth in this title, or both.
(b) The Attorney General may bring a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under section 203, 204, 205, 207, 208, or 209 of this title and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person.
(c) If the Attorney General has reason to believe that a person is engaging in conduct constituting an offense under section 203, 204, 205, 207, 208, or 209 of this title, the Attorney General may petition an appropriate United States district court for an order prohibiting that person from engaging in such conduct. The court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense. The filing of a petition under this section does not preclude any other remedy which is available by law to the United States or any other person.
(Added Pub. L. 101194, title IV, § 407(a), Nov. 30, 1989, 103 Stat. 1753; amended Pub. L. 101280, § 5(f), May 4, 1990, 104 Stat. 159.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 216, acts June 25, 1948, ch. 645, 62 Stat. 695, § 216, formerly § 221, amended Aug. 21, 1958, Pub. L. 85699, title VII, § 702(a)(c), 72 Stat. 698; Aug. 18, 1959, Pub. L. 86168, title I, § 104(h), 73 Stat. 387, and renumbered Oct. 23, 1962, Pub. L. 87849, § 1(d), 76 Stat. 1125, related to receipt or charge of commissions or gifts for farm loan, land bank, or small business transactions, prior to repeal by Pub. L. 98473, title II, § 1107(b), Oct. 12, 1984, 98 Stat. 2146. Another prior section 216, act June 25, 1948, ch. 645, 62 Stat. 694, which related to procurement of a contract by an officer or Member of Congress, was repealed by section 1(c) of Pub. L. 87849.
Amendments1990—Subsec. (a). Pub. L. 101280, § 5(f)(1), substituted “section 203, 204, 205, 207, 208, or 209” for “sections 203, 204, 205, 207, 208, and 209”. Subsec. (b). Pub. L. 101280, § 5(f)(2), substituted “section 203, 204, 205, 207, 208, or 209” for “sections 203, 204, 205, 207, 208, and 209”.
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# 18 U.S.C. § 217 - Acceptance of consideration for adjustment of farm indebtedness
## Text
Whoever, being an officer or employee of, or person acting for the United States or any agency thereof, accepts any fee, commission, gift, or other consideration in connection with the compromise, adjustment, or cancellation of any farm indebtedness as provided by sections 1150, 1150a, and 1150b of Title 12, shall be fined under this title or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 696, § 217, formerly § 222; renumbered § 217, Pub. L. 87849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 103322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Historical and Revision NotesBased on section 1150c(b) of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 20, 1944, ch. 623, § 4(b), 58 Stat. 837). Words “upon conviction thereof” were omitted as surplusage, since punishment cannot be imposed until after conviction. Other changes were made in phraseology without change of substance.
Editorial Notes
Prior ProvisionsA prior section 217 was renumbered section 212 of this title and subsequently repealed.
Amendments1994—Pub. L. 103322 substituted “fined under this title” for “fined not more than $1,000”.
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# 18 U.S.C. § 218 - Voiding transactions in violation of chapter; recovery by the United States
## Text
In addition to any other remedies provided by law the President or, under regulations prescribed by him, the head of any department or agency involved, may declare void and rescind any contract, loan, grant, subsidy, license, right, permit, franchise, use, authority, privilege, benefit, certificate, ruling, decision, opinion, or rate schedule awarded, granted, paid, furnished, or published, or the performance of any service or transfer or delivery of any thing to, by or for any agency of the United States or officer or employee of the United States or person acting on behalf thereof, in relation to which there has been a final conviction for any violation of this chapter, and the United States shall be entitled to recover in addition to any penalty prescribed by law or in a contract the amount expended or the thing transferred or delivered on its behalf, or the reasonable value thereof.
(Added Pub. L. 87849, § 1(e), Oct. 23, 1962, 76 Stat. 1125.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 218 was renumbered section 213 of this title and subsequently repealed.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87849, set out as a note under section 201 of this title.
Executive Documents
Ex. Ord. No. 12448. Exercise of Authority Ex. Ord. No. 12448, Nov. 4, 1983, 48 F.R. 51281, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, including section 218 of title 18 of the United States Code, and in order to provide federal agencies with the authority to promulgate regulations for voiding or rescinding contracts or other benefits obtained through bribery, graft or conflict of interest, it is hereby ordered as follows: Section 1. The head of each Executive department, Military department and Executive agency is hereby delegated the authority vested in the President to declare void and rescind the transactions set forth in section 218 of title 18 of the United States Code in relation to which there has been a final conviction for any violation of chapter 11 of title 18. Sec. 2. The head of each Executive department and agency described in section 1 may exercise the authority hereby delegated by promulgating implementing regulations; provided that the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration jointly shall issue government-wide implementing regulations related to voiding or rescission of contracts. Sec. 3. Implementing regulations adopted pursuant to this Order shall, at a minimum, provide the following procedural protections: (a) Written notice of the proposed action shall be given in each case to the person or entity affected; (b) The person or entity affected shall be afforded an opportunity to submit pertinent information on its behalf before a final decision is made; (c) Upon the request of the person or entity affected, a hearing shall be held at which it shall have the opportunity to call witnesses on its behalf and confront any witness the agency may present; and (d) The head of the agency or his designee shall issue a final written decision specifying the amount of restitution or any other remedy authorized by section 218, provided that such remedy shall take into consideration the fair value of any tangible benefits received and retained by the agency. Ronald Reagan.
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# 18 U.S.C. § 219 - Officers and employees acting as agents of foreign principals
## Text
(a) Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938 or a lobbyist required to register under the Lobbying Disclosure Act of 1995 in connection with the representation of a foreign entity, as defined in section 3(6) of that Act shall be fined under this title or imprisoned for not more than two years, or both.
(b) Nothing in this section shall apply to the employment of any agent of a foreign principal as a special Government employee in any case in which the head of the employing agency certifies that such employment is required in the national interest. A copy of any certification under this paragraph shall be forwarded by the head of such agency to the Attorney General who shall cause the same to be filed with the registration statement and other documents filed by such agent, and made available for public inspection in accordance with section 6 of the Foreign Agents Registration Act of 1938, as amended.
(c) For the purpose of this section “public official” means Member of Congress, Delegate, 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, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government.
(Added Pub. L. 89486, § 8(b), July 4, 1966, 80 Stat. 249; amended Pub. L. 98473, title II, § 1116, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 99646, § 30, Nov. 10, 1986, 100 Stat. 3598; Pub. L. 101647, title XXXV, § 3511, Nov. 29, 1990, 104 Stat. 4922; Pub. L. 10465, § 12(b), Dec. 19, 1995, 109 Stat. 701.)
## Notes
Editorial Notes
References in TextThe Foreign Agents Registration Act of 1938, as amended, referred to in subsec. (a), is act June 8, 1938, ch. 327, 52 Stat. 631, which is classified generally to subchapter II (§ 611 et seq.) of chapter 11 of Title 22, Foreign Relations and Intercourse. Section 6 of the Foreign Agents Registration Act of 1938 is classified to section 616 of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 22 and Tables. The Lobbying Disclosure Act of 1995, referred to in subsec. (a), is Pub. L. 10465, Dec. 19, 1995, 109 Stat. 691, which is classified principally to chapter 26 (§ 1601 et seq.) of Title 2, The Congress. Section 3(6) of the Act is classified to section 1602(6) of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 2 and Tables.
Prior ProvisionsA prior section 219 was renumbered section 214.
Amendments1995—Subsec. (a). Pub. L. 10465 substituted “or a lobbyist required to register under the Lobbying Disclosure Act of 1995 in connection with the representation of a foreign entity, as defined in section 3(6) of that Act” for “, as amended,”. 1990—Subsec. (c). Pub. L. 101647 substituted “Government” for “Governments” before “thereof”. 1986—Subsec. (a). Pub. L. 99646, § 30(1), designated first par. as subsec. (a) and amended it generally, which prior to amendment read as follows: “Whoever, being a public official of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, including the District of Columbia, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938, as amended, shall be fined not more than $10,000 or imprisoned for not more than two years, or both.” Subsec. (b). Pub. L. 99646, § 30(2), designated second par. as subsec. (b). Subsec. (c). Pub. L. 99646, § 30(2), (3), designated third par. as subsec. (c) and substituted “Delegate” for “Delegate from the District of Columbia” and “branch of Government” for “branch of Government, or a juror”. 1984—Pub. L. 98473 substituted “a public official” for “an officer or employee” in first par., and inserted par. defining “public official”.
Statutory Notes and Related Subsidiaries
Effective Date of 1995 AmendmentAmendment by Pub. L. 10465 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 10465, set out as an Effective Date note under section 1601 of Title 2, The Congress.
Effective DateSection effective ninety days after July 4, 1966, see section 9 of Pub. L. 89486, set out as an Effective Date of 1966 Amendment note under section 611 of Title 22, Foreign Relations and Intercourse.
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# 18 U.S.C. § 220 - Illegal remunerations for referrals to recovery homes, clinical treatment facilities, and laboratories
## Text
(a) Offense.— Except as provided in subsection (b), whoever, with respect to services covered by a health care benefit program, in or affecting interstate or foreign commerce, knowingly and willfully—
(1) solicits or receives any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind, in return for referring a patient or patronage to a recovery home, clinical treatment facility, or laboratory; or
(2) pays or offers any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind—
(A) to induce a referral of an individual to a recovery home, clinical treatment facility, or laboratory; or
(B) in exchange for an individual using the services of that recovery home, clinical treatment facility, or laboratory,
shall be fined not more than $200,000, imprisoned not more than 10 years, or both, for each occurrence.
(b) Applicability.— Subsection (a) shall not apply to—
(1) a discount or other reduction in price obtained by a provider of services or other entity under a health care benefit program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity;
(2) a payment made by an employer to an employee or independent contractor (who has a bona fide employment or contractual relationship with such employer) for employment, if the employees payment is not determined by or does not vary by—
(A) the number of individuals referred to a particular recovery home, clinical treatment facility, or laboratory;
(B) the number of tests or procedures performed; or
(C) the amount billed to or received from, in part or in whole, the health care benefit program from the individuals referred to a particular recovery home, clinical treatment facility, or laboratory;
(3) a discount in the price of an applicable drug of a manufacturer that is furnished to an applicable beneficiary under the Medicare coverage gap discount program under section 1860D14A(g) of the Social Security Act (42 U.S.C. 1395w114a(g));
(4) a payment made by a principal to an agent as compensation for the services of the agent under a personal services and management contract that meets the requirements of section 1001.952(d) of title 42, Code of Federal Regulations, as in effect on the date of enactment of this section;
(5) a waiver or discount (as defined in section 1001.952(h)(5) of title 42, Code of Federal Regulations, or any successor regulation) of any coinsurance or copayment by a health care benefit program if—
(A) the waiver or discount is not routinely provided; and
(B) the waiver or discount is provided in good faith;
(6) a remuneration described in section 1128B(b)(3)(I) of the Social Security Act (42 U.S.C. 1320a7b(b)(3)(I));
(7) a remuneration made pursuant to an alternative payment model (as defined in section 1833(z)(3)(C) of the Social Security Act) or pursuant to a payment arrangement used by a State, health insurance issuer, or group health plan if the Secretary of Health and Human Services has determined that such arrangement is necessary for care coordination or value-based care; or
(8) any other payment, remuneration, discount, or reduction as determined by the Attorney General, in consultation with the Secretary of Health and Human Services, by regulation.
(c) Regulations.— The Attorney General, in consultation with the Secretary of Health and Human Services, may promulgate regulations to clarify the exceptions described in subsection (b).
(d) Preemption.— (1) Federal law.— This section shall not apply to conduct that is prohibited under section 1128B of the Social Security Act (42 U.S.C. 1320a7b).
(2) State law.— Nothing in this section shall be construed to occupy the field in which any provisions of this section operate to the exclusion of State laws on the same subject matter.
(e) Definitions.— In this section—
(1) the terms “applicable beneficiary” and “applicable drug” have the meanings given those terms in section 1860D14A(g) of the Social Security Act (42 U.S.C. 1395w114a(g));
(2) the term “clinical treatment facility” means a medical setting, other than a hospital, that provides detoxification, risk reduction, outpatient treatment and care, residential treatment, or rehabilitation for substance use, pursuant to licensure or certification under State law;
(3) the term “health care benefit program” has the meaning given the term in section 24(b);
(4) the term “laboratory” has the meaning given the term in section 353 of the Public Health Service Act (42 U.S.C. 263a); and
(5) the term “recovery home” means a shared living environment that is, or purports to be, free from alcohol and illicit drug use and centered on peer support and connection to services that promote sustained recovery from substance use disorders.
(Added Pub. L. 115271, title VIII, § 8122(a), Oct. 24, 2018, 132 Stat. 4108.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section, referred to in subsec. (b)(4), is the date of enactment of Pub. L. 115271, which was approved Oct. 24, 2018. Section 1833(z)(3)(C) of the Social Security Act, referred to in subsec. (b)(7), is classified to section 1395l(z)(3)(C) of Title 42, The Public Health and Welfare.
Prior ProvisionsA prior section 220 was renumbered section 215.
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# 18 U.S.C. § 223 - Repealed. Pub. L. 87849, § 1(c), Oct. 23, 1962, 76 Stat. 1125]
## Notes
Section, act June 25, 1948, ch. 645, 62 Stat. 696, related to transactions of the Home Owners Loan Corporation.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87849, set out as an Effective Date note under section 201 of this title.
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---
# 18 U.S.C. § 224 - Bribery in sporting contests
## Text
(a) Whoever carries into effect, attempts to carry into effect, or conspires with any other person to carry into effect any scheme in commerce to influence, in any way, by bribery any sporting contest, with knowledge that the purpose of such scheme is to influence by bribery that contest, shall be fined under this title, or imprisoned not more than 5 years, or both.
(b) This section shall not be construed as indicating an intent on the part of Congress to occupy the field in which this section operates to the exclusion of a law of any State, territory, Commonwealth, or possession of the United States, and no law of any State, territory, Commonwealth, or possession of the United States, which would be valid in the absence of the section shall be declared invalid, and no local authorities shall be deprived of any jurisdiction over any offense over which they would have jurisdiction in the absence of this section.
(c) As used in this section—
(1) The term “scheme in commerce” means any scheme effectuated in whole or in part through the use in interstate or foreign commerce of any facility for transportation or communication;
(2) The term “sporting contest” means any contest in any sport, between individual contestants or teams of contestants (without regard to the amateur or professional status of the contestants therein), the occurrence of which is publicly announced before its occurrence;
(3) The term “person” means any individual and any partnership, corporation, association, or other entity.
(Added Pub. L. 88316, § 1(a), June 6, 1964, 78 Stat. 203; amended Pub. L. 103322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
## Notes
Editorial Notes
Amendments1994—Subsec. (a). Pub. L. 103322 substituted “fined under this title” for “fined not more than $10,000”.
@@ -0,0 +1,43 @@
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title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
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citation: "18 U.S.C. § 225"
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# 18 U.S.C. § 225 - Continuing financial crimes enterprise
## Text
(a) Whoever—
(1) organizes, manages, or supervises a continuing financial crimes enterprise; and
(2) receives $5,000,000 or more in gross receipts from such enterprise during any 24-month period,
shall be fined not more than $10,000,000 if an individual, or $20,000,000 if an organization, and imprisoned for a term of not less than 10 years and which may be life.
(b) For purposes of subsection (a), the term “continuing financial crimes enterprise” means a series of violations under section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of this title, or section 1341 or 1343 affecting a financial institution, committed by at least 4 persons acting in concert.
(Added Pub. L. 101647, title XXV, § 2510(a), Nov. 29, 1990, 104 Stat. 4863.)
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# 18 U.S.C. § 226 - Bribery affecting port security
## Text
(a) In General.— Whoever knowingly—
(1) directly or indirectly, corruptly gives, offers, or promises anything of value to any public or private person, with intent to commit international terrorism or domestic terrorism (as those terms are defined under section 2331), to—
(A) influence any action or any person to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud affecting any secure or restricted area or seaport; or
(B) induce any official or person to do or omit to do any act in violation of the lawful duty of such official or person that affects any secure or restricted area or seaport; or
(2) 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 affecting any secure or restricted area or seaport; and
(B) knowing that such influence will be used to commit, or plan to commit, international or domestic terrorism,
shall be fined under this title or imprisoned not more than 15 years, or both.
(b) Definition.— In this section, the term “secure or restricted area” means an area of a vessel or facility designated as secure in an approved security plan, as required under section 70103 of title 46, United States Code, and the rules and regulations promulgated under that section.
(Added Pub. L. 109177, title III, § 309(a), Mar. 9, 2006, 120 Stat. 241.)
@@ -0,0 +1,61 @@
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# 18 U.S.C. § 227 - Wrongfully influencing a private entitys employment decisions by a Member of Congress or an officer or employee of the legislative or executive branch
## Text
(a) Whoever, being a covered government person, with the intent to influence, solely on the basis of partisan political affiliation, an employment decision or employment practice of any private entity—
(1) takes or withholds, or offers or threatens to take or withhold, an official act, or
(2) influences, or offers or threatens to influence, the official act of another,
shall be fined under this title or imprisoned for not more than 15 years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.
(b) In this section, the term “covered government person” means—
(1) a Senator or Representative in, or a Delegate or Resident Commissioner to, the Congress;
(2) an employee of either House of Congress; or
(3) the President, Vice President, an employee of the United States Postal Service or the Postal Regulatory Commission, or any other executive branch employee (as such term is defined under section 2105 of title 5, United States Code).
(Added Pub. L. 11081, title I, § 102(a), Sept. 14, 2007, 121 Stat. 739; amended Pub. L. 112105, § 18(a), Apr. 4, 2012, 126 Stat. 304.)
## Notes
Editorial Notes
Amendments2012—Pub. L. 112105 inserted “or an officer or employee of the legislative or executive branch” after “Congress” in section catchline, designated existing provisions as subsec. (a), substituted “a covered government person” for “a Senator or Representative in, or a Delegate or Resident Commissioner to, the Congress or an employee of either House of Congress” in introductory provisions, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 11081, title I, § 105(b), Sept. 14, 2007, 121 Stat. 741, provided that: “The amendments made by section 102 [enacting this section] shall take effect on the date of the enactment of this Act [Sept. 14, 2007].”
ConstructionPub. L. 11081, title I, § 102(b), Sept. 14, 2007, 121 Stat. 739, provided that: “Nothing in section 227 of title 18, United States Code, as added by this section, shall be construed to create any inference with respect to whether the activity described in section 227 of title 18, United States Code, was a criminal or civil offense before the enactment of this Act [Sept. 14, 2007], including under section 201(b), 201(c), any of sections 203 through 209, or section 872, of title 18, United States Code.”