18 U.S.C. § 202 | Definitions

(a)

section 594(c) of title 28 section 20105 of title 10 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 . 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 , 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.

Pub. L. 87–849, § 1(a)Oct. 23, 196276 Stat. 1121 Pub. L. 90–578, title III, § 301(b)Oct. 17, 196882 Stat. 1115 Pub. L. 100–191, § 3(a)Dec. 15, 1987101 Stat. 1306 Pub. L. 101–194, title IV, § 401Nov. 30, 1989103 Stat. 1747 Pub. L. 101–280, § 5(a)May 4, 1990104 Stat. 158 Pub. L. 101–650, title III, § 321Dec. 1, 1990104 Stat. 5117 Pub. L. 102–572, title IX, § 902(b)(1)Oct. 29, 1992106 Stat. 4516 Pub. L. 103–337, div. A, title IX, § 924(d)(1)(B)Oct. 5, 1994108 Stat. 2832 Pub. L. 108–271, § 8(b)July 7, 2004118 Stat. 814 Pub. L. 113–235, div. H, title I, § 1301(b)Dec. 16, 2014128 Stat. 2537 Pub. L. 118–159, div. A, title V, § 568(a)Dec. 23, 2024138 Stat. 1905(Added , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , (c), , , 1906.)

Editorial Notes

Prior Provisions

act June 25, 1948, ch. 645 62 Stat. 691 Pub. L. 87–849A prior section 202, , , 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 , and is substantially covered by revised section 201.

Amendments

Pub. L. 118–159, § 568(a)section 20105 of title 10, inserted “an officer of the Space Force not serving on sustained duty pursuant to ,” 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.

Pub. L. 108–2712004—Subsec. (e)(3)(B). substituted “Government Accountability Office” for “General Accounting Office”.

Pub. L. 103–3371994—Subsec. (e)(2). substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.

Pub. L. 102–5721992—Subsec. (e)(2). substituted “United States Court of Federal Claims” for “United States Claims Court”.

Pub. L. 101–280, § 5(a)(1)1990—Subsec. (c). , 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.”

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

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

Pub. L. 101–280, § 5(a)(3)(2)(A)Subsec. (e)(3)(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”.

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

Pub. L. 101–1941989—Subsecs. (c) to (e). added subsecs. (c) to (e).

Pub. L. 100–191 section 594(c) of title 281987—Subsec. (a). 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 , regardless of the number of days of appointment.

Pub. L. 90–5781968—Subsec. (a). 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

section 321 of Pub. L. 101–650 section 631 of Title 28“United States magistrate judge” substituted for “United States magistrate” in subsec. (a) on authority of , set out as a note under , Judiciary and Judicial Procedure.

section 1301(b) of Pub. L. 113–235 section 301 of Title 44“Government Publishing Office” substituted for “Government Printing Office” in subsec. (e)(3)(B) on authority of , set out as a note preceding , Public Printing and Documents.

Effective Date of 1992 Amendment

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

Effective Date of 1987 Amendment

Pub. L. 100–191Dec. 15, 198728 U.S.C. 591 section 6 of Pub. L. 100–191 section 591 of Title 28Amendment by effective , and applicable to independent counsel proceedings under et seq. pending on that date as well as to proceedings on and after that date, see , set out as a note under , Judiciary and Judicial Procedure.

Effective Date of 1968 Amendment

Pub. L. 90–578Oct. 17, 1968Pub. L. 90–578 section 403 of Pub. L. 90–578 section 631 of Title 28Amendment by 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 , see , set out as a note under , Judiciary and Judicial Procedure.

Effective Date

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