§ 666. Theft or bribery concerning programs receiving Federal funds

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.

1. 1984

   Comprehensive Crime Control Act of 1984

   Pub. L. 98–473 title II § 1104(a) · 98 Stat. 1837

   Enacted · 18 U.S.C. § 666

   Added Pub. L. 98–473, title II, § 1104(a), Oct. 12, 1984, 98 Stat. 2143

   Source evidence

   Code source credit
   Added Pub. L. 98–473, title II, § 1104(a), Oct. 12, 1984, 98 Stat. 2143

   Enacted provision · exact public law section
   (a) Chapter 31 of title 18 of the United States Code is amended by adding a new section 666 as follows: “§ 666. Theft or bribery concerning programs receiving Federal funds “(a) Whoever, being an agent of an organization, or of a State or local government agency, that receives benefits in excess of $10,000 in any one year period pursuant to a Federal program involving a grant, a contract, a subsidy, a loan, a guarantee, insurance, or another form of Federal assistance, embezzles, steals, purloins, willfully misapplies, obtains by fraud, or otherwise knowingly without authority converts to his own use or to the use of another, property having a value of $5,000 or more owned by or under the care, custody, or control of such organization or State or local government agency, shall be imprisoned for not more than ten years and fined not more than $100,000 or an amount equal to twice that which was obtained in violation of this subsection, whichever is greater, or both so imprisoned and fined. “(b) Whoever, being an agent of an organization, or of a State or local government agency, described in subsection (a), solicits, demands, accepts, or agrees to accept anything of value from a person or organization other than his employer or principal for or because of the recipient’s conduct in any transaction or matter or a series of transactions or matters involving $5,000 or more concerning the affairs of such organization or State or local government agency, shall be imprisoned for not more than ten years or fined not more than $100,000 or an amount equal to twice that which was obtained, demanded, solicited or agreed upon in violation of this subsection, whichever is greater, or both so imprisoned and fined. “(c) Whoever offers, gives, or agrees to give to an agent of an organization or of a State or local government agency, described in subsection (a), anything of value for or because of the recipient’s conduct in any transaction or matter or any series of transactions or matters involving $5,000 or more concerning the affairs of such organization or State or local government agency, shall be imprisoned not more than ten years or fined not more than $100,000 or an amount equal to twice that offered, given or agreed to be given, whichever is greater, or both so imprisoned and fined. “(d) For purposes of this section— “(1) ‘agent’ means a person or organization authorized to act on behalf of another person, organization or a government and, in the case of an organization or a government, includes a servant or employee, a partner, director, officer, manager and representative; “(2) ‘organization’ means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership joint stock company, foundation, institution, trust, society, union, and any other association of persons; “(3) ‘government agency’ means a subdivision of the executive, legislative, judicial, or other branch of a government, including a department, independent establishment, commission, administration, authority, board, and bureau; or a corporation or other legal entity established by, and subject to control by, a government or governments for execution of a governmental or intergovernmental program; and “(4) ‘local’ means of or pertaining to a political subdivision within a State.”.

2. 1986

   Criminal Law and Procedure Technical Amendments Act of 1986

   Pub. L. 99–646 § 59(a) · 100 Stat. 3592

   1. Changed · 18 U.S.C. § 666

      Pub. L. 99–646, in amending section generally, made specific reference to applicability of section to agent of Indian tribal government or agency thereof

   2. Inserted · 18 U.S.C. § 666

      Pub. L. 99–646, in inserted provision that section does not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in usual course of business

   3. Struck · 18 U.S.C. § 666

      Pub. L. 99–646, in struck out definition of term “organization”, and otherwise revised structure of section

   Source evidence

   Code amendment note
   Pub. L. 99–646, in amending section generally, made specific reference to applicability of section to agent of Indian tribal government or agency thereof, inserted provision that section does not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in usual course of business, struck out definition of term “organization”, and otherwise revised structure of section.

   Enacted provision · exact public law section
   (a) In General.— Section 666 of title 18, United States Code, is amended to read as follows: “§ 666. Theft or bribery concerning programs receiving Federal funds “(a) Whoever, if the circumstance described in subsection (b) of this section exists— “(1) being an agent of an organization, or of a State, local, or State and local governments. Indians. Indian tribal government, or any agency thereof— “(A) embezzles, steals, obtains by fraud, or otherwise without authority knowingly converts to the use of any person other than the rightful owner or intentionally misapplies, property that— “(i) is valued at $5,000 or more, and “(ii) is owned by, or is under the care, custody, or control of such organization, government, or agency; or “(B) corruptly solicits or demands for the benefit of any person, or accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business, transaction, or series of transactions of such organization, government, or agency involving any thing of value of $5,000 or more; or “(2) corruptly gives, offers, or agrees to give anything of value to any person, with intent to influence or reward an agent of an organization or of a State, local or Indian tribal government, or any agency thereof, in connection with any business, transaction, or series of transactions of such organization, government, or agency involving anything of value of $5,000 or more; shall be fined under this title, imprisoned not more than 10 years, or both. “(b) The circumstance referred to in subsection (a) of this section Grants. Contracts. Loans. Insurance. is that the organization, government, or agency receives, in any one year period, benefits in excess of $10,000 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance. “(c) This section does not apply to bona fide salary, wages, fees, or Wages. other compensation paid, or expenses paid or reimbursed, in the usual course of business. “(d) As used in this section— “(1) the term ‘agent’ means a person authorized to act on behalf of another person or a government and, in the case of an organization or government, includes a servant or employee, and a partner, director, officer, manager, and representative; “(2) the term ‘government agency’ means a subdivision of the executive, legislative, judicial, or other branch of government, including a department, independent establishment, commission, administration, authority, board, and bureau, and a corporation or other legal entity established, and subject to control, by a government or governments for the execution of a governmental or intergovernmental program; and “(3) the term ‘local’ means of or pertaining to a political subdivision within a State.”.

3. 1990

   Crime Control Act of 1990

   Pub. L. 101–647 § 1209 · 104 Stat. 4789

   Added · 18 U.S.C. § 666(d)(4)

   Pub. L. 101–647, § 1209, added par. (4) defining “in any one-year period”

   Source evidence

   Code amendment note
   Subsec. (d)(4). Pub. L. 101–647, § 1209, added par. (4) defining “in any one-year period”.

   Enacted provision · exact public law section
   SEC. 1209. CLARIFICATION OF ONE-YEAR PERIOD. Section 666(d) of title 18, United States Code, is amended— (1) by striking out “and” at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof and”; and (3) by adding a new paragraph, as follows: “(4) the term ‘in any one-year period’ means a continuous period that commences no earlier than twelve months before the commission of the offense or that ends no later than twelve months after the commission of the offense. Such period may include time both before and after the commission of the offense.”.

4. 1990

   Crime Control Act of 1990

   Pub. L. 101–647 § 1205(d) · 104 Stat. 4789

   Added · 18 U.S.C. § 666(d)(4)

   Pub. L. 101–647, § 1205(d), added par. (4) defining “State”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–647, § 1205(d), added par. (4) defining “State”.

   Enacted provision · exact public law section
   (d) Section 666(d) of title 18, United States Code, is amended— (1) by striking out “and” at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof “, and”; and (3) by adding a new paragraph, as follows: “(4) the term ‘State’ includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.”.

5. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title XXXIII § 330003(c) · 108 Stat. 1796

   1. Struck · 18 U.S.C. § 666(d)(3)(5)

      Pub. L. 103–322 struck out “and” at end of par. (3)

   2. Substituted · 18 U.S.C. § 666(d)(3)(5)

      Pub. L. 103–322 substituted “; and” for the period at end of par. (4)

   3. Redesignated · 18 U.S.C. § 666(d)(3)(5)

      Pub. L. 103–322 redesignated second par. (4) defining “in any one-year period” as (5)

   Source evidence

   Code amendment note
   Subsec. (d)(3) to (5). Pub. L. 103–322 struck out “and” at end of par. (3), substituted “; and” for the period at end of par. (4), and redesignated second par. (4) defining “in any one-year period” as (5).

   Enacted provision · exact public law section
   (c) Section 666 of Title 18.— Section 666(d) of title 18, United States Code, is amended— (1) by redesignating the second paragraph (4) as paragraph (5); (2) by striking “and” at the end of paragraph (3); and (3) by striking the period at the end of paragraph (4) and inserting “; and”.

9 of 9 references resolved to an enrolled provision