U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 11— BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

18 U.S.C. § 202

Definitions

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(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 Member’s 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. 87–849, § 1(a), Oct. 23, 1962, 76 Stat. 1121; amended Pub. L. 90–578, title III, § 301(b), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 100–191, § 3(a), Dec. 15, 1987, 101 Stat. 1306; Pub. L. 101–194, title IV, § 401, Nov. 30, 1989, 103 Stat. 1747; Pub. L. 101–280, § 5(a), May 4, 1990, 104 Stat. 158; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103–337, div. A, title IX, § 924(d)(1)(B), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 118–159, div. A, title V, § 568(a), (c), Dec. 23, 2024, 138 Stat. 1905, 1906.)Editorial NotesPrior Provisions

A 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. 87–849, and is substantially covered by revised section 201.

Amendments

2024—Subsec. (a). Pub. L. 118–159, § 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. 118–159, § 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. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

1994—Subsec. (e)(2). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.

1992—Subsec. (e)(2). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

1990—Subsec. (c). Pub. L. 101–280, § 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. 101–280, § 5(a)(2), substituted “means” for “shall include”.

Subsec. (e)(1). Pub. L. 101–280, § 5(a)(3)(1), substituted “includes each” for “means any”.

Subsec. (e)(3)(A). Pub. L. 101–280, § 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. 101–280, § 5(a)(3)(2)(B), substituted “the Office” for “an officer or employee”.

1989—Subsecs. (c) to (e). Pub. L. 101–194 added subsecs. (c) to (e).

1987—Subsec. (a). Pub. L. 100–191 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. 90–578 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 SubsidiariesChange of Name

“United States magistrate judge” substituted for “United States magistrate” in subsec. (a) on authority of section 321 of Pub. L. 101–650, 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. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–191 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. 100–191, set out as a note under section 591 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–578 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. 90–578, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date

Section effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87–849, set out as a note under section 201 of this title.

Notes of Decisions
Cited in 83 cases (3 in the last 5 years), 1946–2026 · leading case: James W. Harlow, Charles E. Wilson & Thomas F. Addy v. United States, 301 F.2d 361 (5th Cir. 1962).
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James W. Harlow, Charles E. Wilson & Thomas F. Addy v. United States, 301 F.2d 361 (5th Cir. 1962). · cites it 8× “McLane, a representative of firms selling to the EES, in violation of 18 U.S.C.A. § 202 . 3 Counts four through nine charged the appellant Harlow with receiving bribes from Robert T.”
Crandon v. United States, 494 U.S. 152 (1990). · cites it 2× “But even that effect (strangely contrived as it is) is largely if not completely eliminated by subsection (c), which entirely excludes from the section's coverage special Government employees, as defined in 18 U. S. C. § 202 , and uncompensated Government officers and employees.”
In re: Omar Khadr, 823 F.3d 92 (D.C. Cir. 2016). · cites it 2× “§ 9903 ; 18 U.S.C. § 202 . Without getting too deep into the weeds for now, suffice it to say that the Department interprets those two statutory designations to authorize the Court’s civilian judges to serve part-time and earn outside income.”
De Veau v. Braisted, 363 U.S. 144 (1960). · cites it 2× “18 U. S. C. §§ 202 , 205, 206, 207, 216, 281, 282, 592, 1901, 2071, 2381.”
United States v. Robert McDonnell, 792 F.3d 478 (4th Cir. 2015). · cites it 2× “The statute of conviction in Wilson was 18 U.S.C. § 202 , which authorized penalties for any federal officer or employee who "asks [for], accepts, or receives” a thing of value "with intent to have his decision or action on any question, matter, cause, or proceeding which may at…”
Ernest P. Wilson v. United States, 230 F.2d 521 (4th Cir. 1956). · cites it 5× “§ 201 , which contains language quite similar to that now before us in 18 U.S.C.A. § 202 . There the defendant Hurley, who feared that he was about to be drafted into the military service, paid $450.”
Fed. Sec. L. Rep. P 95,745 Dean Woods, & All Other Persons Similarly Situated v. Covington Cnty. Bank, Edward Hoglund v. Covington Cnty. Bank, 537 F.2d 804 (5th Cir. 1976). “Congress, moreover, created an explicit exception to section 2105(d) in 18 U.S.C. § 202 which defines a reservist on active duty for training as a “special Government employee.”
Delaney v. United States, 199 F.2d 107 (1st Cir. 1952). · cites it 2× “This case was heard on consolidated appeals from a judgment of conviction on an indictment charging offenses under 18 U.S. C. § 202, and from a judgment of conviction on another indictment, charging offenses under 26 U.”
May v. United States, 175 F.2d 994 (D.C. Cir. 1949). · cites it 2× “§ 1781 (the counterpart of 18 U.S.C. § 202 (1946)) which made it an offense (1) for a member of Congress to take or to agree to take valuable consideration from any person for procuring any contract, office, or place from the Government or any department thereof, or from any…”
Union of Concerned Scientists v. EPA, 954 F.3d 11 (1st Cir. 2020). “Generally, advisory- committee members, who are considered "special government - 4 - employees," see 18 U.S.C. § 202 (a), are subject to regulations set out by the U.”
United States v. Samuel G. Beno, 324 F.2d 582 (2d Cir. 1963). · cites it 2× “*583 fluence his official decisions in violation of federal law, 18 U.S.C. § 202 . On appeal, Beno contends that the prosecution was improperly permitted to educe on cross-examination highly prejudicial evidence concerning specific acts of the defendant which were wholly…”
James Edgar Motto v. The United States, 348 F.2d 523 (Ct. Cl. 1965). · cites it 4× “Plaintiff, who had been serving on active duty in the United States Army since March 3,1941, was arraigned along with two other military defendants on June 6, 1958, in a United States District Court on a charge of violation of 18 U.S.C. § 202 (1958 ed.), a Federal bribery…”
Show all 83 citing cases →
18 U.S.C. § 202(a): 1 case
Legal Authorities Available to the President to Respond to a Severe Energy Supply Interruption or Other Substantial Reduction in Available Petroleum Prods. (OLC 1982).
18 U.S.C. § 202(e)(1): 1 case
Applicability of 18 U.S.C. § 208 to Nat'l Gambling Impact Study Comm'n (OLC 1999).
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