Title 18 — Crimes and Criminal Procedure
Part I · Chapter 11 — Bribery, Graft, and Conflicts of Interest
§ 227. Wrongfully influencing a private entity’s employment decisions by a Member of Congress or an officer or employee of the legislative or executive branch
Statutory text
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—
takes or withholds, or offers or threatens to take or withhold, an official act, or
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.
In this section, the term “covered government person” means—
a Senator or Representative in, or a Delegate or Resident Commissioner to, the Congress;
an employee of either House of Congress; or
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).
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.
Honest Leadership and Open Government Act of 2007
Pub. L. 110–81 title I § 102(a) · 121 Stat. 735
Enacted · 18 U.S.C. § 227
Added Pub. L. 110–81, title I, § 102(a), Sept. 14, 2007, 121 Stat. 739
Source evidence
Code source credit
Added Pub. L. 110–81, title I, § 102(a), Sept. 14, 2007, 121 Stat. 739Enacted provision · exact public law section
(a) In General.— Chapter 11 of title 18, United States Code, is amended by adding at the end the following: “§ 227. Wrongfully influencing a private entity’s employment decisions by a Member of Congress “Whoever, Penalties. being a Senator or Representative in, or a Delegate or Resident Commissioner to, the Congress or an employee of either House of Congress, 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.” .Stop Trading on Congressional Knowledge Act of 2012
Pub. L. 112–105 § 18(a) · 126 Stat. 291
Inserted · 18 U.S.C. § 227
Pub. L. 112–105 inserted “or an officer or employee of the legislative or executive branch” after “Congress” in section catchline
Amended · 18 U.S.C. § 227
Pub. L. 112–105 designated existing provisions as subsec. (a)
Substituted · 18 U.S.C. § 227
Pub. L. 112–105 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
Added · 18 U.S.C. § 227
Pub. L. 112–105 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 112–105 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).Enacted provision · exact public law section
(a) In General.— Section 227 of title 18, United States Code, is amended— (1) in the heading of such section, by inserting after “Congress” the following: “or an officer or employee of the legislative or executive branch”; (2) by striking “Whoever” and inserting “(a) Whoever”; (3) by striking “a Senator or Representative in, or a Delegate or Resident Commissioner to, the Congress or an employee of either House of Congress” and inserting “a covered government person”; and (4) by adding at the end the following: “(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).” .
5 of 5 references resolved to an enrolled provision
Editorial Notes
Amendments
2012—Pub. L. 112–105 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 Date
Pub. L. 110–81, title I, § 105(b), , 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 [].”
Construction
Pub. L. 110–81, title I, § 102(b), , 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 [], including under section 201(b), 201(c), any of sections 203 through 209, or section 872, of title 18, United States Code.”
Credits
2007–2012 · 2 acts
- 2007Added Pub. L. 110–81, title I, § 102(a), , 121 Stat. 739
- 2012amended Pub. L. 112–105, § 18(a), , 126 Stat. 304.
Show as published
(Added Pub. L. 110–81, title I, § 102(a), , 121 Stat. 739; amended Pub. L. 112–105, § 18(a), , 126 Stat. 304.)