Title 18 — Crimes and Criminal Procedure
Part I · Chapter 11 — Bribery, Graft, and Conflicts of Interest
§ 202. Definitions
Statutory text
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.
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.
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.
The term “Member of Congress” in sections 204 and 207 means—
a United States Senator; and
a Representative in, or a Delegate or Resident Commissioner to, the House of Representatives.
As used in this chapter, the term—
“executive branch” includes each executive agency as defined in title 5, and any other entity or administrative unit in the executive branch;
“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
“legislative branch” means—
the Congress; and
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 87–849 § 1(a) · 76 Stat. 1119
Enacted · 18 U.S.C. § 202
Added Pub. L. 87–849, § 1(a), Oct. 23, 1962, 76 Stat. 1121
Source evidence
Code source credit
Added Pub. L. 87–849, § 1(a), Oct. 23, 1962, 76 Stat. 1121Federal Magistrates Act
Pub. L. 90–578 title III § 301(b) · 82 Stat. 1107
Substituted · 18 U.S.C. § 202(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(b) Section 202(a) of title 18, United States Code, is amended by 76 Stat. 1121. striking out words “or a part-time United States Commissioner ”, and inserting in lieu thereof the words “a part-time United States commissioner, or a part-time United States magistrate”.Independent Counsel Reauthorization Act of 1987
Pub. L. 100–191 § 3(a) · 101 Stat. 1293
Changed · 18 U.S.C. § 202(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(a) Amendment to Title 18.— The first sentence of section 202(a) of title 18, United States Code, is amended— (1) by striking out “or” after “United States commissioner” and inserting in lieu thereof a comma; and (2) by striking out the period at the end of the sentence and inserting in lieu thereof the following: “, 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.”.Ethics Reform Act of 1989
Pub. L. 101–194 title IV § 401 · 103 Stat. 1716
Added · 18 U.S.C. § 202(c)(e)
Pub. L. 101–194 added subsecs. (c) to (e)
Source evidence
Code amendment note
Subsecs. (c) to (e). Pub. L. 101–194 added subsecs. (c) to (e).Enacted provision · exact public law section
SEC. 401. AMENDMENT TO SECTION 202 OF TITLE 18, UNITED STATES CODE. Section 202 of title 18, United States Code, is amended by adding at the end thereof the following new subsections: “(c) 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. “(d) The term ‘Member of Congress’ in sections 204 and 207 shall include— “(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’ means any 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 Military Appeals, the United States Claims Court, 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) a Member of Congress, or any officer or employee of the United States Senate or United States House of Representatives; and “(B) an officer or employee of the Architect of the Capitol, the United States Botanic Garden, the General Accounting Office, the Government Printing 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.”.Pub. L. 101–280 § 5(a)(1) · 104 Stat. 149
Amended · 18 U.S.C. § 202(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(1) Section 202(c) of title 18, United States Code, is amended to read as follows: “(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.”.Pub. L. 101–280 § 5(a)(2) · 104 Stat. 149
Substituted · 18 U.S.C. § 202(d)
Pub. L. 101–280, § 5(a)(2), substituted “means” for “shall include”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 101–280, § 5(a)(2), substituted “means” for “shall include”.Enacted provision · exact public law section
(2) Section 202(d) of title 18, United States Code, is amended by striking “shall include” and inserting “means”.Pub. L. 101–280 § 5(a)(3)(1) · 104 Stat. 149
Substituted · 18 U.S.C. § 202(e)(1)
Pub. L. 101–280, § 5(a)(3)(1), substituted “includes each” for “means any”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 101–280, § 5(a)(3)(1), substituted “includes each” for “means any”.Enacted provision · exact public law section
(1) in paragraph (1) by striking “means any” and inserting “includes each”; andPub. L. 101–280 § 5(a)(3)(2)(A) · 104 Stat. 149
Amended · 18 U.S.C. § 202(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(A) by amending subparagraph (A) to read as follows: “(A) the Congress; and”; andPub. L. 101–280 § 5(a)(3)(2)(B) · 104 Stat. 149
Substituted · 18 U.S.C. § 202(e)(3)(B)
Pub. L. 101–280, § 5(a)(3)(2)(B), substituted “the Office” for “an officer or employee”
Source evidence
Code amendment note
Subsec. (e)(3)(B). Pub. L. 101–280, § 5(a)(3)(2)(B), substituted “the Office” for “an officer or employee”.Enacted provision · exact public law section
(B) in subparagraph (B) by striking “an officer or employee” and inserting “the Office”.Court of Federal Claims Technical and Procedural Improvements Act of 1992
Pub. L. 102–572 title IX § 902(b)(1) · 106 Stat. 4506
Substituted · 18 U.S.C. § 202(e)(2)
Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.Enacted provision · exact public law section
(1) the “United States Claims Court” shall be deemed to refer to the “United States Court of Federal Claims”; andEffective date note
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.National Defense Authorization Act for Fiscal Year 1995
Pub. L. 103–337 div. A title IX § 924(d)(1)(B) · 108 Stat. 2663
Substituted · 18 U.S.C. § 202(e)(2)
Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.Enacted provision · exact public law section
(B) In title 18, sections 202(e)(2) and 6001(4).GAO Human Capital Reform Act of 2004
Pub. L. 108–271 § 8(b) · 118 Stat. 811
Substituted · 18 U.S.C. § 202(e)(3)(B)
Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”
Source evidence
Code amendment note
Subsec. (e)(3)(B). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.Enacted provision · exact public law section
(b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.Pub. L. 118–159 § 568(c) · 70A Stat. 632
Substituted · 18 U.S.C. § 202(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))”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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) · 138 Stat. 1905
Inserted · 18 U.S.C. § 202(a)
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
Substituted · 18 U.S.C. § 202(a)
Pub. L. 118–159, § 568(a), 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
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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.
11 of 15 references resolved to an enrolled provision · 1 partial · 3 unresolved
Editorial Notes
Prior 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.
Amendments1968–2024 · 8 rounds
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 (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 Subsidiaries
Change 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 , 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 , 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 , 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 , see section 4 of Pub. L. 87–849, set out as a note under section 201 of this title.
Credits
1962–2024 · 11 acts
- 1962Added Pub. L. 87–849, § 1(a), , 76 Stat. 1121
- 1968amended Pub. L. 90–578, title III, § 301(b), , 82 Stat. 1115
- 1987Pub. L. 100–191, § 3(a), , 101 Stat. 1306
- 1989Pub. L. 101–194, title IV, § 401, , 103 Stat. 1747
- 1990Pub. L. 101–280, § 5(a), , 104 Stat. 158
- 1990Pub. L. 101–650, title III, § 321, , 104 Stat. 5117
- 1992Pub. L. 102–572, title IX, § 902(b)(1), , 106 Stat. 4516
- 1994Pub. L. 103–337, div. A, title IX, § 924(d)(1)(B), , 108 Stat. 2832
- 2004Pub. L. 108–271, § 8(b), , 118 Stat. 814
- 2014Pub. L. 113–235, div. H, title I, § 1301(b), , 128 Stat. 2537
- 2024Pub. L. 118–159, div. A, title V, § 568(a), (c), , 138 Stat. 1905, 1906.
Show as published
(Added Pub. L. 87–849, § 1(a), , 76 Stat. 1121; amended Pub. L. 90–578, title III, § 301(b), , 82 Stat. 1115; Pub. L. 100–191, § 3(a), , 101 Stat. 1306; Pub. L. 101–194, title IV, § 401, , 103 Stat. 1747; Pub. L. 101–280, § 5(a), , 104 Stat. 158; Pub. L. 101–650, title III, § 321, , 104 Stat. 5117; Pub. L. 102–572, title IX, § 902(b)(1), , 106 Stat. 4516; Pub. L. 103–337, div. A, title IX, § 924(d)(1)(B), , 108 Stat. 2832; Pub. L. 108–271, § 8(b), , 118 Stat. 814; Pub. L. 113–235, div. H, title I, § 1301(b), , 128 Stat. 2537; Pub. L. 118–159, div. A, title V, § 568(a), (c), , 138 Stat. 1905, 1906.)