I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/14/93 at 04:04:23. Database: USCODE Search: (18:CITE) ------DocID 23783 Document 1 of 1438------ -CITE- 18 USC TITLE 18 -EXPCITE- TITLE 18 -HEAD- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE -MISC1- THIS TITLE WAS ENACTED BY ACT JUNE 25, 1948, CH. 645, SEC. 1, 62 STAT. 683 Part Sec. I. Crimes 1 II. Criminal Procedure 3001 III. Prisons and Prisoners 4001 IV. Correction of Youthful Offenders 5001 V. Immunity of Witnesses 6001 AMENDMENTS 1970 - Pub. L. 91-452, title II, Sec. 201(b), Oct. 15, 1970, 84 Stat. 928, added Part V. Table Showing Disposition of All Sections of Former Title 18 --------------------------------------------------------------------- Title 18 Former Sections Title 18 New Sections --------------------------------------------------------------------- 1, 2 2381 3 2382 4 2383 5 953 6 2384 7 2389 8 2390 9 2387 10 2385 11 2385, 2387 12 Rep. See Cr. Proc. R. 41(c). 13 2385, 2387 14-17 2386 21 958 22 959 23 962 24 961 25 960 26 T. 22 Sec. 461 27 T. 22 Sec. 462 28 T. 22 Sec. 463 29 T. 22 Sec. 464 30 959 31 967 32 963 33 964 34 965 35 966 36 963, 964, 965, 966, 967 37 756, 3058 38 T. 22 Sec. 465 39 5, 3241 51 241 52 242 53 Rep. 53a 2236 54 372 55 592 56-58 593 59 592, 593 61 594 61a 595 61b 600 61c 601 61d 604 61e 605 61f 598 61g 594, 595, 598, 600, 601, 604, 605 61h T. 5 Sec. 118i (See Rev. T. 5 Table) 61i T. 5 Sec. 118j (See Rev. T. 5 Table) 61j, 61k Rep. 61l T. 5 Sec. 118k (See Rev. T. 5 Table) 61m 608 61m-1 611 61n 595 61o T. 5 Sec. 118l (See Rev. T. 5 Table) 61p T. 5 Sec. 118m (See Rev. T. 5 Table) 61q Rep. 61r T. 5 Sec. 118n (See Rev. T. 5 Table) 61s 595 61t 610 61u 595 61v-61x Elim. 62-62b 612 71 497 72 494 73 495 74 1002 75 1016 76 912 76a, 76b 701 76c 707, 916 76d 707 76e 705 77 Rep. 77a 913 78 914 79 1003 80 287, 1001 81 289 82 641, 1361 83 286 84 1022 85 1023 86 1024 87 641 88 371 89 871 90 T. 34 Sec. 1167 (See Rev. T. 34 Table) 91 201 92 285 93 434 94 1381 95 1232 96 2152 97 1382 97a 1383 97b 757 98 11, 957 99 2112 100 641 101 641, 3435 102 Rep. 103 1852 103a, 103b 1851 104 1853 105 1854 106 1855 107 1856 107a 1863 108 3613 109 1862 110 1857 111 1858 112 1859 113 1860 114 1861 115 T. 25 Sec. 202 116 1362 117 2074 118 111 119 496 120 551 121 2231, 2232, 2233 122 T. 19 Sec. 70 123 912 124 211 125 543 126 541 127 1019 128 2233 129 507 130 1017 131 506 132 499 133 5 134, 135 Rep. 136 498 137-143 Rep. 144 2194 145 41 146 508 147 509 148 3056 149 210 150 211 151 210, 211 171 872 172 652 173 653 174 650 175 648 176 643 177, 178 649 178a 371 179 3497 180 3487 181 6514 182 641 183 654 184 435 185 646 186 645 187 647 188 2075 189 2073 190, 191 Rep. 192 1901 193 291 194 1091 195 1018 196 1912 198, 198a 283 199 205 200 204 201 1913 202 216 203 281 204 431 205 432 206 433 207 202 208 602 209 603 210 606 211 607 212 602, 603, 606, 607 213 T. 5 Sec. 118o (See Rev. T. 5 Table) 214 1902 215 2072 216 1905 231 1621 232 1622 233 1506 234, 235 2071 236 505 237 206 238 207 239 208 240 210 241 1503 241a 1505 242 Rep. 243 1504 244 755 245 1501 246 752, 1071 247 752 248 753 249 754 250 873 251 4 252 752, 1792 253 1114, 2231 254 111, 2231 261 8 262 471 263 Rep. 264 474 265 472 266 476 267 477 268 473 269 642 270 478 271 479 272 482 273 483 274 480 275 481 276 484 277 485 278 490 279 331 280 332 281 486 282, 282a 491 283 487 284 488 285 489 286 492 287 Rep. See Cr. Proc. R. 41(a), (b), (f). 288 11 289 335 290 Rep. 291 333 292 475 293 336 294 371 301 12 302 1729 303 1693 304 1696 305 1697 306 1696 307 1694 308 1695 309 1696 310 1730 311 1731 312 1706 313 1707 314 1704 315 2115 316 2116 317 1702, 1708 318 1703, 1709 319 1703, 1710 320 2114 321 1705, 1708 321a 1725 322 1700 323 1698 324, 325 1701 326 1724 327 1699 328 1720 329 1712 330 1726 331 1721 332 1727 333 1713 334 1461 335 1463, 1718 336 1302 337 1303 338 1341 338a 876, 3239 338b 877, 3239 338c 1714 338d Rep. 339 1342 340 1716 341, 342 Rep. 343-345 1717 346 5, 1717 347 500 348 501 349 11, 502 349a 503 350 504 351 1723 352 1732 353 1722 354 288 355 1711, 3497 356 440 357 1719 358 1728 359 1692 360 12 361 1715 381 5, 1364 382 831, 832 383 835 384 833 385 832, 833, 834, 835 386 832, 833, 834, 835 387 1301 388 1264 389 1265 390 1263 391 42 392 43 393 44 393a 43, 44, 3054, 3112 394 42, 43, 44 395 T. 16 Sec. 667e 396 1462 396a, 396b 1761 396c-396e 1762 397, 398 2421 399 2422 400 2423 401 2421 402(1) T. 8 Sec. 1557 402(2), (3) 2424 403 Rep. 404 2421 405-407 Rep. 407a 1231 408 10, 2311, 2312, 2313 408a 1201 408b 10 408c 1201 408c-1 1202 408d 875, 3239 408e 1073 409 659, 660, 2117 410, 411 659 412 660 412a 1992 413 Rep. 414(a) 10 414(b), (c) 2311 415 2314 416 2315 417 2311 418, 418a, 419 Rep. 419a(a) 2311 419a(b) 10 419b 2316 419c 2317 419d Rep. 420 T. 4 Sec. 112 420a to 420e-1 1951 420f-420h 1821 421, 422 1585 423 1584 424 1582 425 1585 426 1587 427 1586 428 1588 429-442 T. 46 Sec. 1351-1364 (See Rev. T. 46 Table) 443 1583 444, 445 1581 446 1584 451 7 452 1111 453 1112 454 1111, 1112 455 113 456 1113 457 2031 458 2032 459 2198 460 2198, 3286, 3614 461 1115 462 114 463 2111 464 81, 1363 465 81, 1363 466 661 467 662, 3435 467a 1025 468 13 469-474 2199 481 1651 482 2191 483 2192 484 2193 485 1655 486 2195 487 2271 488 1658 489 1659 490 2276 491 2272 492 2273 493 1661 494 1654 495 1652 496 1653 497 1656 498 1657 499, 500 969 501 9 502 5, 2275 503, 504 2277 505 1081 506 1082 507 1083 508, 511-518 Rep. 518a 1384 519-521 Rep. 522 1991 523 244 532-535 Rep. 536 T. 50 Sec. 42 541 1 542 3566 543 3567 544 3563 545 3564 546, 547 3231 548 1151, 1153, 3242 549 1151, 1153 550 2 551 3 552 1660 553 3236 554 Rep. See Cr. Proc. R. 6(f). 554a Rep. See Cr. Proc. R. 6. 555 Rep. See Cr. Proc. R. 7(a). 556 Rep. See Cr. Proc. R. 6(d), 52(a). 556a 3288, 3289 556b Rep. 557 Rep. See Cr. Proc. R. 8, 13, 14. 558 Rep. See Cr. Proc. R. 7. 559 Rep. See Cr. Proc. R. 7. 560 Rep. See Cr. Proc. R. 7. 561 Rep. See Cr. Proc. R. 12(b)(5). 562 3432 562a Rep. See Cr. Proc. R. 10. 563 3005 564 Rep. See Cr. Proc. R. 11, 12(b)(3). 565 Rep. See Cr. Proc. R. 31(c). 566 Rep. See Cr. Proc. R. 31(a), (b). 567 1111 568 3570 569 3565 570 3612 571-573 Rep. 574 3241 575 3059 576 3401 576a 3402 576b-576d 3401 581 Rep. 581a, 581b 3281 582 3282 583 3290 584 3283 585 T. 26 (I.R.C. 1939) Sec. 3748(a) (See T. 26 (I.R.C. 1986) Sec. 6531) 586 T. 26 (I.R.C. 1939) Sec. 3748(b) (See T. 26 (I.R.C. 1986) Sec. 6531) 587 3288 588 3289 589 3288, 3289 590 Rep. 590a 3287 591 3041 592 Rep. 593 Rep. See Cr. Proc. R. 5(a). 594 3045 595 Rep. See Cr. Proc. R. 4, 5. 596, 597 3141 598 3144 599 3142 600 3143 601 Rep. See Cr. Proc. R. 46(f)(1), (2). 602 3047 603 4084 604 3049 605 3012 611-616 Rep. See Cr. Proc. R. 41. 617 3105 618, 619 3109 620-626 Rep. See Cr. Proc. R. 41. 627 Rep. 628 2231 629 1621 630 2235 631 2234 632 5 633 Rep. 641 3569 642, 643 T. 46 Sec. 7, 8 (See Rev. T. 46 Table) 644 T. 28 Sec. 1822 645 3611 646 3617 647 3616 651 3184 652 3185 653 3186 654 3188 655 3190 656 3191 657 3189 658 3181 659 3192 660 3051, 3193 661 752, 1502 662 3182, 3195 662a 5001 662b 3042 662c 752, 3183, 3195 662d 3187, 3195 662e 755 663 3194 664 Rep. 665 755 666, 667 Rep. 668 3195, 3498 669-676 D.C. Code, Sec. 23-701, 23-702, 23-705 681 Rep. See Cr. Proc. R. 37. 682 3731 683 Rep. 687 3771 688 3772 689 3771, 3772 691 Rep. 692 4086 693-700 Rep. 701 4007 702 Rep. 703 4006 704 D.C. Code, Sec. 24-424 704a D.C. Code, Sec. 24-423 705-707 Rep. 708, 709 436 709a 3568 710, 710a 4161 711 4166 712, 712a Rep. 713 4163, 4165 714 4202 715 Rep. 716 4203, 4204 716a 4203 716b 4164 717 4205 718 4206 719 4207 720 Rep. 721 4281 722 Rep. 723 3570 723a 4201 723b Rep. 723c 4205 724 3651 725 3653 726 3654 726-1, 726a T. 28 Sec. 604 727 3655 728 3656 729 T. 28 Sec. 1495, 2513 730-732 T. 28 Sec. 2513 733-733b 4085 741 4001 742-744 Rep. 744a 4122 744b 4125 744c 4122, 4123 744d-744f 4126 744g 4124 744h 4162 744h-l Rep. 744i, 744j 4121 744k 4122 744l 4126 744m 4127 744n 4128 744o-744r Elim. 745 Rep. 746 4281 746a 4282 746b 4283 747-749 Rep. 750 T. 5 Sec. 678b (See Rev. T. 5 Table) 751, 752 4005 753 4041 753a 4042 753b 4002, 4042 753c 4003 753d 4009 753e 4001 753f 4082, 4083 753g 4008 753h 751 753i 752, 1072 753j 1791 753k 3050 754 4004 761 Rep. 762 4083 763-776, 791-801, 811-815 Rep. 816 4321 817-819, 831-840 Rep. 851 4125 852 Rep. 853-855 4125 871-875 Rep. 876 4241 877 4242 878 4243 879, 880, 901-906 Rep. 907 4081 908 1791 909 751 910 752, 1072 911, 912 Rep. 921 5031 922 5032, 5033 923 5033 924 5034 925 5035 926 5036 927 5037 928 Elim. 929 Rep. ------------------------------- POSITIVE LAW; CITATION Section 1 of act June 25, 1948, ch. 645, 62 Stat. 683, provided in part that: 'Title 18 of the United States Code, entitled 'Crimes and Criminal Procedure', is hereby revised, codified and enacted into positive law, and may be cited as 'Title 18, U.S.C., Sec. - .' ' LEGISLATIVE CONSTRUCTION Section 19 of act June 25, 1948, ch. 645, 62 Stat. 862, provided that: 'No inference of a legislative construction is to be drawn by reason of the chapter in Title 18, Crimes and Criminal Procedure, as set out in section 1 of this Act, in which any particular section is placed, nor by reason of the catchlines used in such title.' SEPARABILITY Section 18 of act June 25, 1948, ch. 645, 62 Stat. 862, provided that: 'If any part of Title 18, Crimes and Criminal Procedure, as set out in section 1 of this Act, shall be held invalid the remainder shall not be affected thereby.' EFFECTIVE DATE Section 20 of act June 25, 1948, ch. 645, 62 Stat. 862, provided that the revision of this title shall be effective Sept. 1, 1948. EXISTING RIGHTS OR LIABILITIES Section 21 of act June 25, 1948, ch. 645, 62 Stat. 862, provided in part that any right or liabilities now existing under repealed sections or parts thereof shall not be affected by the repeal. REPEALED, TRANSFERRED, AND OMITTED SECTIONS All former sections of Title 18 were repealed, transferred to other titles, or omitted by said act June 25, 1948, except for sections 595, 644, 726-1, 726a, 729, 730, and 732 which were repealed by act June 25, 1948, ch. 646, 62 Stat. 687, the act revising and codifying Title 28, Judiciary and Judicial Procedure, into positive law. -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 8 sections 1160, 1255a, 1282, 1324, 1324c, 1325, 1326, 1327, 1328; title 12 sections 1441a, 4204, 4224; title 15 sections 1245, 5408; title 16 sections 256b, 590n, 668dd, 3373, 3375, 4224, 4306; title 20 section 1221e-1; title 21 sections 333, 841, 844, 848, 858, 863, 960; title 28 sections 535, 994; title 29 section 1136; title 33 section 2609; title 38 section 3405; title 41 sections 54, 423; title 42 sections 263a, 274k, 290cc-32, 300d-20, 300h-2, 300i-1, 300j-23, 300dd-9, 300ee-19, 405, 408, 1383, 1395ss, 3537a, 3537b, 7413, 9603, 9612; title 46 sections 12507, 31306, 31330; title 46 App. section 808; title 47 section 223; title 48 sections 1424-4, 1614, 1694; title 49 App. sections 1472, 1809, 1811. ------DocID 23803 Document 2 of 1438------ -CITE- 18 USC Sec. 18 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 18. Organization defined -STATUTE- As used in this title, the term 'organization' means a person other than an individual. -SOURCE- (Added Pub. L. 99-646, Sec. 38(a), Nov. 10, 1986, 100 Stat. 3599, and amended Pub. L. 100-185, Sec. 4(c), Dec. 11, 1987, 101 Stat. 1279; Pub. L. 100-690, title VII, Sec. 7012, Nov. 18, 1988, 102 Stat. 4395.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-690 made technical correction of directory language of Pub. L. 99-646, Sec. 38(a), similar to that made by Pub. L. 100-185. 1987 - Pub. L. 100-185 made technical correction in directory language of Pub. L. 99-646, Sec. 38(a). ------DocID 23900 Document 3 of 1438------ -CITE- 18 USC CHAPTER 18 -EXPCITE- TITLE 18 PART I CHAPTER 18 -HEAD- CHAPTER 18 - CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATION, KIDNAPING, AND ASSAULT -MISC1- Sec. 351. Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault; penalties. AMENDMENTS 1982 - Pub. L. 97-285, Sec. 2(b), (c), Oct. 6, 1982, 96 Stat. 1219, substituted 'CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATION, KIDNAPING, AND ASSAULT' for 'CONGRESSIONAL ASSASSINATION, KIDNAPING, AND ASSAULT' as chapter heading and substituted 'Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault: penalties' for 'Congressional assassination, kidnaping, and assault; penalties' in item 351. 1971 - Pub. L. 91-644, title IV, Sec. 15, Jan. 2, 1971, 84 Stat. 1891, added chapter 18 and item 351. ------DocID 25100 Document 4 of 1438------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 18 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS V -HEAD- Rule 18. Place of Prosecution and Trial -STATUTE- Except as otherwise permitted by statute or by these rules, the prosecution shall be had in a district in which the offense was committed. The court shall fix the place of trial within the district with due regard to the convenience of the defendant and the witnesses and the prompt administration of justice. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 30, 1979, eff. Aug. 1, 1979.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES 1. The Constitution of the United States, Article III. Section 2, Paragraph 3, provides: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. Amendment VI provides: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law * * * 28 U.S.C. former Sec. 114 (now Sec. 1393, 1441) provides: All prosecutions for crimes or offenses shall be had within the division of such districts where the same were committed, unless the court, or the judge thereof, upon the application of the defendant, shall order the cause to be transferred for prosecution to another division of the district. The word 'prosecutions,' as used in this statute, does not include the finding and return of an indictment. The prevailing practice of impaneling a grand jury for the entire district at a session in some division and of distributing the indictments among the divisions in which the offenses were committed is deemed proper and legal, Salinger v. Loisel, 265 U.S. 224, 237. The court stated that this practice is 'attended with real advantages.' The rule is a restatement of existing law and is intended to sanction the continuance of this practice. For this reason, the rule requires that only the trial be held in the division in which the offense was committed and permits other proceedings to be had elsewhere in the same district. 2. Within the framework of the foregoing constitutional provisions and the provisions of the general statute, 28 U.S.C. 114 (now 1393, 1441), supra, numerous statutes have been enacted to regulate the venue of criminal proceedings, particularly in respect to continuing offenses and offenses consisting of several transactions occurring in different districts. Armour Packing Co. v. United States, 209 U.S. 56, 73-77; United States v. Johnson, 323 U.S. 273. These special venue provisions are not affected by the rule. Among these statutes are the following: U.S.C., Title 8: Section 138 (see 1326, 1328, 1329) (Importation of aliens for immoral purposes; attempt to reenter after deportation; penalty) U.S.C., Title 15: Section 78aa (Regulation of Securities Exchanges; jurisdiction of offenses and suits) Section 79y (Control of Public Utility Holding Companies; jurisdiction of offenses and suits) Section 80a-43 (Investment Companies; jurisdiction of offenses and suits) Section 80b-14 (Investment Advisers; jurisdiction of offenses and suits) Section 298 (Falsely Stamped Gold or Silver, etc., violations of law; penalty; jurisdiction of prosecutions) Section 715i (Interstate Transportation of Petroleum Products; restraining violations; civil and criminal proceedings; jurisdiction of District Courts; review) Section 717u (Natural Gas Act; jurisdiction of offenses; enforcement of liabilities and duties) U.S.C., Title 18: Section 39 (now 5, 3241) (Enforcement of neutrality; United States defined; jurisdiction of offenses; prior offenses; partial invalidity of provisions) Section 336 (now 1302) (Lottery, or gift enterprise circulars not mailable; place of trial) Section 338a (now 876, 3239) (Mailing threatening communications) Section 338b (now 877, 3239) (Same; mailing in foreign country for delivery in the United States) Section 345 (now 1717) (Using or attempting to use mails for transmission of matter declared nonmailable by title; jurisdiction of offense) Section 396e (now 1762) (Transportation or importation of convict-made goods with intent to use in violation of local law; jurisdiction of violations) Section 401 (now 2421) (White slave traffic; jurisdiction of prosecutions) Section 408 (now 10, 2311 to 2313) (Motor vehicles; transportation, etc., of stolen vehicles) Section 408d (now 875, 3239) (Threatening communications in interstate commerce) Section 408e (now 1073) (Moving in interstate or foreign commerce to avoid prosecution for felony or giving testimony) Section 409 (now 659, 660, 2117) (Larceny, etc., of goods in interstate or foreign commerce; penalty) Section 412 (now 660) (Embezzlement, etc., by officers of carrier; jurisdiction; double jeopardy) Section 418 (now 3237) (National Stolen Property Act; jurisdiction) Section 419d (now 3237) (Transportation of stolen cattle in interstate or foreign commerce; jurisdiction of offense) Section 420d (now 1951) (Interference with trade and commerce by violence, threats, etc., jurisdiction of offenses) Section 494 (now 1654) (Arming vessel to cruise against citizen; trials) Section 553 (now 3236) (Place of committal of murder or manslaughter determined) U.S.C., Title 21: Section 17 (Introduction into, or sale in, State or Territory or District of Columbia of dairy or food products falsely labeled or branded; penalty; jurisdiction of prosecutions) Section 118 (Prevention of introduction and spread of contagion; duty of district attorneys) U.S.C., Title 28: Section 101 (now 18 U.S.C. 3235) (Capital cases) Section 102 (now 18 U.S.C. 3238) (Offenses on the high seas) Section 103 (now 18 U.S.C. 3237) (Offenses begun in one district and completed in another) Section 121 (now 18 U.S.C. 3240) (Creation of new district or division) U.S.C., Title 47: Section 33 (Submarine Cables; jurisdiction and venue of actions and offenses) Section 505 (Special Provisions Relating to Radio; venue of trials) U.S.C., Title 49: Section 41 (now 11902, 11903, 11915, 11916) (Legislation Supplementary to Interstate Commerce Act; liability of corporation carriers and agents; offenses and penalties - (1) Liability of corporation common carriers; offenses; penalties; Jurisdiction) Section 623 (now 1473) (Civil Aeronautics Act; venue and prosecution of offenses) NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT The amendment eliminates the requirement that the prosecution shall be in a division in which the offense was committed and vests discretion in the court to fix the place of trial at any place within the district with due regard to the convenience of the defendant and his witnesses. The Sixth Amendment provides that the defendant shall have the right to a trial 'by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law. * * *' There is no constitutional right to trial within a division. See United States v. Anderson, 328 U.S. 699, 704, 705 (1946); Barrett v. United States, 169 U.S. 218 (1898); Lafoon v. United States, 250 F.2d 958 (5th Cir. 1958); Carrillo v. Squier, 137 F.2d 648 (9th Cir. 1943); McNealey v. Johnston, 100 F.2d 280, 282 (9th Cir. 1938). Cf. Platt v. Minnesota Mining and Manufacturing Co., 376 U.S. 240 (1964). The former requirement for venue within the division operated in an irrational fashion. Divisions have been created in only half of the districts, and the differentiation between those districts with and those without divisions often bears no relationship to comparative size or population. In many districts a single judge is required to sit in several divisions and only brief and infrequent terms may be held in particular divisions. As a consequence under the original rule there was often undue delay in the disposition of criminal cases - delay which was particularly serious with respect to defendants who had been unable to secure release on bail pending the holding of the next term of court. If the court is satisfied that there exists in the place fixed for trial prejudice against the defendant so great as to render the trial unfair, the court may, of course, fix another place of trial within the district (if there be such) where such prejudice does not exist. Cf. Rule 21 dealing with transfers between districts. NOTES OF ADVISORY COMMITTEE ON RULES - 1979 AMENDMENT This amendment is intended to eliminate an inconsistency between rule 18, which in its present form has been interpreted not to allow trial in a division other than that in which the offense was committed except as dictated by the convenience of the defendant and witnesses, Dupoint v. United States, 388 F.2d 39 (5th Cir. 1968), and the Speedy Trial Act of 1974. This Act provides: In any case involving a defendant charged with an offense, the appropriate judicial officer, at the earliest practicable time, shall, after consultation with the counsel for the defendant and the attorney for the Government, set the case for trial on a day certain, or list it for trial on a weekly or other short-term trial calendar at a place within the judicial district so as to assure a speedy trial. 18 U.S.C. Sec. 3161(a). This provision is intended to 'permit the trial of a case at any place within the judicial district. This language was included in anticipation of problems which might occur in districts with statutory divisions, where it could be difficult to set trial outside the division.' H.R.Rep. No. 93-1508, 93d Cong., 2d Sess. 29 (1974). The change does not offend the venue or vicinage provisions of the Constitution. Article III, Sec. 2, clause 3 places venue (the geographical location of the trial) 'in the State where the said Crimes shall have been committed,' while the Sixth Amendment defines the vicinage (the geographical location of the jurors) as 'the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law.' The latter provision makes 'no reference to a division within a judicial district.' United States v. James, 528 F.2d 999 (5th Cir. 1976). 'It follows a fortiori that when a district is not separated into divisions, * * * trial at any place within the district is allowable under the Sixth Amendment * * *.' United States v. Fernandez, 480 F.2d 726 (2d Cir. 1973). See also Zicarelli v. Gray, 543 F.2d 466 (3d Cir. 1976) and cases cited therein. Nor is the change inconsistent with the Declaration of Policy in the Jury Selection and Service Act of 1968, which reads: It is the policy of the United States that all litigants in Federal courts entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross section of the community in the district or division wherein the court convenes. 28 U.S.C. Sec. 1861. This language does not mean that the Act requires 'the trial court to convene not only in the district but also in the division wherein the offense occurred,' as: There is no hint in the statutory history that the Jury Selection Act was intended to do more than provide improved judicial machinery so that grand and petit jurors would be selected at random by the use of objective qualification criteria to ensure a representative cross section of the district or division in which the grand or petit jury sits. United States v. Cates, 485 F.2d 26 (1st Cir. 1974). The amendment to rule 18 does not eliminate either of the existing considerations which bear upon fixing the place of trial within a district, but simply adds yet another consideration in the interest of ensuring compliance with the requirements of the Speedy Trial Act of 1974. The amendment does not authorize the fixing of the place of trial for yet other reasons. Cf. United States v. Fernandez, 480 F.2d 726 (2d Cir. 1973) (court in the exercise of its supervisory power held improper the fixing of the place of trial 'for no apparent reason other than the convenience of the judge'). -CROSS- CROSS REFERENCES Constitutional restrictions on venue of criminal prosecutions, see Const. Art. III, sec. 2, cl. 3 and Amend. VI. Divisions within judicial district, see sections 81 et seq. of Title 28, Judiciary and Judicial Procedure. Judicial districts within State, see sections 81 et seq. of Title 28. Transfer from district - For plea and sentence, see rule 20. Or division for trial, see rule 21. Venue - Capital cases, see section 3235 of this title. Creation of new district or division, see section 3240 of this title. Murder or manslaughter, see section 3236 of this title. Offenses begun in one district and completed in another, see section 3237 of this title. Offenses not committed in any district, see section 3238 of this title. ------DocID 9582 Document 5 of 1438------ -CITE- 7 USC CHAPTER 18 -EXPCITE- TITLE 7 CHAPTER 18 -HEAD- CHAPTER 18 - COOPERATIVE MARKETING -MISC1- Sec. 451. Agricultural products defined. 452. Supervision of division of cooperative marketing. 453. Authority and duties of division. 454. Advisers to counsel with Secretary of Agriculture; expenses and subsistence. 455. Dissemination of crop, market, etc., information by cooperative marketing associations. 456. Rules and regulations; appointment, removal, and compensation of employees; expenditures; authorization of appropriations. 457. Separability. ------DocID 11474 Document 6 of 1438------ -CITE- 8 USC Sec. 1 to 18 -EXPCITE- TITLE 8 CHAPTER 1 -HEAD- Sec. 1 to 18. Repealed or Omitted -MISC1- These sections, relating to citizenship, were affected by the Nationality Act of 1940, former section 501 et seq. of this title. That act was passed on Oct. 14, 1940, to consolidate and restate the laws of the United States regarding citizenship, naturalization, and expatriation, and, in addition to certain specific repeals thereby, all acts or parts of acts in conflict with its provisions were repealed by former section 904 of this title. See the notes below for history of individual sections. Section 1, relating to citizenship of persons born in the United States, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. It was from R.S. Sec. 1992, which was revised from act Apr. 9, 1866, ch. 31, Sec. 1, 14 Stat. 27. Similar provisions were contained in former section 601(a) of this title. See section 1401 of this title. Section 2, relating to citizenship of persons born in Territory of Oregon, was from R.S. Sec. 1995, which was revised from act May 18, 1872, ch. 172, Sec. 3, 17 Stat. 134. Sections 3 to 3c, related to citizenship of Indians. Section 3 was from acts Feb. 8, 1887, ch. 119, Sec. 6, 24 Stat. 390; Mar. 3, 1901, ch. 868, 31 Stat. 1447; May 8, 1906, ch. 2348, 34 Stat. 182; Nov. 6, 1919, ch. 95, 41 Stat. 350; Mar. 3, 1921, ch. 120, Sec. 3, 41 Stat. 1250; June 2, 1924, ch. 233, 43 Stat. 253; Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1173. Section 3a was from act June 19, 1930, ch. 544, 46 Stat. 787. Section 3b was from acts May 7, 1934, ch. 221, Sec. 1, 48 Stat. 667; July 23, 1947, ch. 304, Sec. 1, 61 Stat. 414. Section 3c was from act May 7, 1934, ch. 221, Sec. 2, 48 Stat. 667. Section 4, relating to citizenship of Hawaiians, was from act Apr. 30, 1900, ch. 339, Sec. 4, 31 Stat. 141. See section 1405 of this title. Sections 5 and 5a, relating to citizenship of Puerto Ricans, were from act Mar. 2, 1917, ch. 145, Sec. 5, 5a, respectively, 39 Stat. 953, as amended Mar. 4, 1927, ch. 503, Sec. 2, 44 Stat. 1418; May 17, 1932, ch. 190, 47 Stat. 158. See section 1402 of this title. Section 5a-1, making a further extension of time for Puerto Ricans to become citizens in cases of misinformation regarding status, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1174. It was from act May 16, 1938, ch. 225, 52 Stat. 377. See section 1402 of this title. Sections 5b and 5c, relating to citizenship of inhabitants of the Virgin Islands, were from act Feb. 25, 1927, ch. 192, Sec. 1, 3, respectively, 44 Stat. 1234, 1235, as amended May 17, 1932, ch. 190, 47 Stat. 158; June 28, 1932, ch. 283, Sec. 5, 47 Stat. 336. See section 1406 of this title. Sections 5d to 9a were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1174. Sections 5d and 5e, relating to citizenship of persons born in Canal Zone or Panama, were from act Aug. 4, 1937, ch. 563, Sec. 1, 2, respectively, 50 Stat. 558; see section 1403 of this title. Section 6, relating to citizenship of children born outside the United States, was from R.S. Sec. 1993 (revised from acts Apr. 14, 1802, ch. 28, Sec. 4, 2 Stat. 155; Feb. 10, 1855, ch. 71, Sec. 1, 10 Stat. 604); act Mar. 2, 1907, ch. 2534, Sec. 6, 7, 34 Stat. 1229, as amended May 24, 1934, ch. 344, Sec. 1, 48 Stat. 797; see sections 1431 to 1433 of this title. Section 7, relating to citizenship of children of persons naturalized under certain laws, was from R.S. Sec. 2172, which was revised from act Apr. 14, 1802, ch. 28, Sec. 4, 2 Stat. 155; see section 1432 of this title. Section 8, relating to citizenship, upon parent's naturalization, of children born abroad of alien parents, was from act Mar. 2, 1907, ch. 2534, Sec. 5, 34 Stat. 1229, as amended May 24, 1934, ch. 344, Sec. 2, 48 Stat. 797; see section 1432 of this title. Section 9, relating to citizenship of women citizens as affected by marriage, was from acts Sept. 22, 1922, ch. 411, Sec. 3(a), 42 Stat. 1022; July 3, 1930, ch. 835, Sec. 1, 46 Stat. 854; Mar. 3, 1931, ch. 442, Sec. 4(a), 46 Stat. 1511; see section 1435 of this title. Section 9a, relating to repatriation of native-born women married to aliens prior to Sept. 22, 1922, was from act June 25, 1936, ch. 801, 49 Stat. 1917, as amended July 2, 1940, ch. 509, 54 Stat. 715; see section 1435(c) of this title. Section 10, relating to effect of certain repeals on citizenship of women marrying citizens, was from act Sept. 22, 1922, ch. 411, Sec. 6, 42 Stat. 1022. Sections 11 and 12, relating to forfeiture of citizenship for desertion from armed forces, were repealed by acts Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 644, and Sept. 6, 1966, Pub. L. 89-554, Sec. 8, 80 Stat. 632. Section 11 was from R.S. Sec. 1998 (revised from act Mar. 3, 1865, ch. 79, Sec. 21, 13 Stat. 490) as amended by acts Aug. 22, 1912, ch. 336, Sec. 1, 37 Stat. 356; Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. Section 12 was from R.S. Sec. 1996, 1997, which were revised from acts Mar. 3, 1865, ch. 79, Sec. 21, 13 Stat. 490, and July 19, 1867, ch. 28, 15 Stat. 14, respectively; see sections 1481 and 1483 of this title. Sections 13 and 14, relating to protection of citizens when abroad, were transferred to sections 1731 and 1732 of Title 22, Foreign Relations and Intercourse. Section 15, R.S. Sec. 1999 related to right of expatriation. See sections 1482 and 1483 of this title. Sections 16 to 18, relating to loss of citizenship, were repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. Section 16 was from act Mar. 2, 1907, ch. 2534, Sec. 2, 34 Stat. 1228. Section 17 was from act Mar. 2, 1907, ch. 2534, Sec. 2, 7, 34 Stat. 1228, 1229; see sections 1481(a), 1482 and 1484 of this title. Section 17a was from act May 24, 1934, ch. 344, Sec. 3, 48 Stat. 797; see section 1481(a) of this title. Section 18 was from acts June 29, 1906, ch. 3592, Sec. 4(12), 34 Stat. 596; May 9, 1918, ch. 69, Sec. 1, 40 Stat. 545; June 21, 1930, ch. 559, 46 Stat. 791; see sections 1438(a), 1454, 1455, and 1459 of this title. ------DocID 11917 Document 7 of 1438------ -CITE- 10 USC CHAPTER 18 -EXPCITE- TITLE 10 Subtitle A PART I CHAPTER 18 -HEAD- CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES -MISC1- Sec. 371. Use of information collected during military operations. 372. Use of military equipment and facilities. 373. Training and advising civilian law enforcement officials. 374. Maintenance and operation of equipment. 375. Restriction on direct participation by military personnel. 376. Support not to affect adversely military preparedness. 377. Reimbursement. 378. Nonpreemption of other law. 379. Assignment of Coast Guard personnel to naval vessels for law enforcement purposes. 380. Enhancement of cooperation with civilian law enforcement officials. AMENDMENTS 1989 - Pub. L. 101-189, div. A, title XII, Sec. 1216(a), Nov. 29, 1989, 103 Stat. 1569, in chapter heading substituted '18' for '8'. 1988 - Pub. L. 100-456, div. A, title XI, Sec. 1104(a), Sept. 29, 1988, 102 Stat. 2043, amended chapter analysis generally substituting, in chapter heading 'CHAPTER 8 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES' for 'CHAPTER 18 - MILITARY COOPERATION WITH CIVILIAN LAW ENFORCEMENT OFFICIALS', in item 374 'Maintenance and operation of equipment' for 'Assistance by Department of Defense personnel', in item 376 'Support not to affect adversely military preparedness' for 'Assistance not to affect adversely military preparedness' and in item 380 'Enhancement of cooperation with civilian law enforcement officials' for 'Department of Defense drug law enforcement assistance: annual plan'. 1987 - Pub. L. 100-180, div. A, title XII, Sec. 1243(b), Dec. 4, 1987, 101 Stat. 1164, added item 380. 1986 - Pub. L. 99-570, title III, Sec. 3053(b)(2), Oct. 27, 1986, 100 Stat. 3207-76, added item 379. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 18 section 831. ------DocID 14602 Document 8 of 1438------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 18 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS APPEALS -HEAD- Rule 18. Methods of Appeal -STATUTE- (a) The Court will entertain the following appeals: (1) Cases under Article 67(b)(3). Cases under Article 67(b)(3), UCMJ, 10 U.S.C. Sec. 867(b)(3), including decisions by a Court of Military Review on appeal by the United States under Article 62, UCMJ, 10 U.S.C. Sec. 862, may be appealed by the filing of a petition for grant of review by an appellant or by counsel on behalf of an appellant substantially in the form provided in Rule 20(a) or (b). (2) Cases under Article 67(b)(2). Cases under Article 67(b)(2), UCMJ, 10 U.S.C. Sec. 867(b)(2), including decisions by a Court of Military Review on appeal by the United States under Article 62, UCMJ, 10 U.S.C. Sec. 862, which are forwarded by a Judge Advocate General by a certificate for review must be substantially in the form provided in Rule 22(a). (3) Cases under Article 67(b)(1). Cases under Article 67(b)(1), UCMJ, 10 U.S.C. Sec. 867(b)(1), will be forwarded by a Judge Advocate General by the filing of the record with the Court, together with the form prescribed by Rule 23(a). (4) Cases under Rule 4(b)(2). Decisions by a Court of Military Review on petitions for extraordinary relief may be appealed by filing a writ appeal petition and accompanying brief in accordance with Rules 24, 27(b), and 28. (b) In addition, the Court may, in its discretion, entertain petitions for extraordinary relief including, but not limited to, writs of mandamus, writs of prohibition, writs of habeas corpus, and writs of error coram nobis. See Rules 4(b)(1), 27(a) and 28. -SOURCE- (As amended Oct. 1, 1987.) -REFTEXT- REFERENCES IN TEXT Article 67(b), UCMJ, 10 U.S.C. Sec. 867(b), referred to in subsec. (a)(1), (2), and (3), was redesignated Article 67(a), UCMJ, 10 U.S.C. Sec. 867(a), by Pub. L. 101-189, div. A, title XIII, Sec. 1301(a)(2), Nov. 29, 1989, 103 Stat. 1569. ------DocID 14658 Document 9 of 1438------ -CITE- 10 USC APPENDIX - RULES OF COURTS OF MILITARY REVIEW Rule 18 -EXPCITE- TITLE 10 APPENDIX COURTS OF MILITARY REVIEW -HEAD- Rule 18. Orders and decisions of the court -STATUTE- The Court shall give notice of its orders and decisions pursuant to Rule for Courts-Martial 1203. The Court shall immediately serve such orders or decisions, when rendered, on appellate defense counsel, government counsel and The Judge Advocate General, or designee, as appropriate. ------DocID 15150 Document 10 of 1438------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 18 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 18. - Special Power of Attorney -STATUTE- (CAPTION AS IN FORM NO. 2) SPECIAL POWER OF ATTORNEY To XXX XXXXX of *XXXXXXXX, and XXXXXXXX of *XXXXXXXX: The undersigned claimant hereby authorizes you, or any one of you, as attorney in fact for the undersigned (if desired: and with full power of substitution,) to attend the meeting of creditors of the debtor or any adjournment thereof, and to vote in my behalf on any question that may be lawfully submitted to creditors at such meeting or adjourned meeting, and for a trustee or trustees of the estate of the debtor. Dated: XXXXXX Signed: XXXXXXXXXX (If appropriate) By XXXXXXXXXX as XXXXXXXXXX Address: XXXXXXXXXX, XXXXXXXXXX (If executed by an individual) Acknowledged before me on XXXXXX. (If executed on behalf of a partnership) Acknowledged before me on XXXXXX, by XXXXXXXX, who says that he (or she) is a member of the partnership named above and is authorized to execute this power of attorney in its behalf. (If executed on behalf of a corporation) Acknowledged before me on XXXXXX, by XXXXXXXX, who says that he (or she) is XXXXXX of the corporation named above and is authorized to execute this power of attorney in its behalf. XXXXXXXXXXXX XXXXXXXXXXXX (Official character.) * State mailing address. -SOURCE- (As amended Sept. 19, 1986, eff. Sept. 19, 1986.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES A special power of attorney shall conform substantially with this official form, as provided in Rule 9010(c), but it may grant either more or less authority in accordance with the language used. The form is derived from former Official Form No. 14. ------DocID 16073 Document 11 of 1438------ -CITE- 12 USC Sec. 1715z-18 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER II -HEAD- Sec. 1715z-18. Shared appreciation mortgages for multifamily housing -STATUTE- (a) Five or more family units; requirements Notwithstanding any provision of this subchapter that is inconsistent with this section, the Secretary may insure, under any provision of this subchapter providing for insurance of mortgages on properties including 5 or more family units, a mortgage secured by a first lien on the property that (1) provides for the mortgagee to share in a predetermined percentage of the property's net appreciated value; and (2) meets such other conditions, including limitations on the rate of interest which may be charged, as the Secretary may require by regulation. (b) Payment of mortgagee's share of net appreciated value; term of mortgage; repayment; 'net appreciated value' defined The mortgagee's share of a property's net appreciated value shall be payable upon maturity or upon payment in full of the loan or sale or transfer (as defined by the Secretary) of the property, whichever occurs first. The term of the mortgage shall not be less than 15 years, and shall be repayable in equal monthly installments of principal and fixed interest during the mortgage term in an amount which would be sufficient to retire a debt with the same principal and fixed interest rate over a period not exceeding 30 years. In the case of a mortgage which will not be completely amortized during the mortgage term, the principal obligation of the mortgage may not exceed 85 percent of the estimated value of the property or project. For purposes of this section, the term 'net appreciated value' means the amount by which the sales price of the property (less the mortgagor's selling costs) exceeds the actual project cost after completion, as approved by the Secretary. If there has been no sale or transfer at the time the mortgagee's share of net appreciated value becomes payable, the sales price for purposes of this section shall be determined by means of an appraisal conducted in accordance with procedures approved by the Secretary and provided for in the mortgage. (c) Entitlement of mortgagee upon default In the event of a default, the mortgagee shall be entitled to receive the benefits of insurance in accordance with section 1713 of this title, but such insurance benefits shall not include the mortgagee's share of net appreciated value. The term 'original principal face amount of the mortgage' as used in section 1713 of this title shall not include the mortgagee's share of net appreciated value. (d) Maximum percentage of net appreciated value; disclosure requirements The Secretary shall establish by regulation the maximum percentage of net appreciated value which may be payable to a mortgagee as the mortgagee's share. The Secretary shall also establish disclosure requirements applicable to mortgagees making mortgage loans pursuant to this section, to assure that mortgagors are informed of the characteristics of such mortgages. (e) Inapplicability of State constitution, statute, etc., limiting or prohibiting increases in outstanding loan balance Mortgages insured pursuant to this section which contain provisions for sharing appreciation or which otherwise require or permit increases in the outstanding loan balance which are authorized under this section or under applicable regulations shall not be subject to any State constitution, statute, court decree, common law, rule, or public policy limiting or prohibiting increases in the outstanding loan balance after execution of the mortgage. (f) Number of dwelling units The number of dwelling units included in properties covered by mortgages insured pursuant to this section in any fiscal year may not exceed 5,000. -SOURCE- (June 27, 1934, ch. 847, title II, Sec. 253, as added Nov. 30, 1983, Pub. L. 98-181, title IV, Sec. 445, 97 Stat. 1226, and amended Feb. 5, 1988, Pub. L. 100-242, title IV, Sec. 429(j), 101 Stat. 1919.) -MISC1- AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-242, Sec. 429(j)(1), substituted 'For purposes of this section, the term 'net appreciated value' means the amount by which the sales price of the property (less the mortgagor's selling costs) exceeds the actual project cost after completion, as approved by the Secretary' for 'For purposes of this section, the term 'net appreciated value' means the amount by which the sales price of the property (less the mortgagor's selling costs) exceeds the value (or replacement cost, as appropriate) of the property at the time the commitment to insure is issued (with adjustments for capital improvements stipulated in the loan contract)'. Subsec. (c). Pub. L. 100-242, Sec. 429(j)(2), (3), substituted 'in accordance with section 1713 of this title' for 'in accordance with section 1710 of this title' and 'The term 'original principal face amount of the mortgage' as used in section 1713 of this title shall not include the mortgagee's share of net appreciated value' for 'The term 'original principal obligation of the mortgage' as used in section 1710(a) of this title shall not include the mortgagee's share of net appreciated value'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1709 of this title. ------DocID 16134 Document 12 of 1438------ -CITE- 12 USC Sec. 1735f-18 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER V -HEAD- Sec. 1735f-18. Information regarding early defaults and foreclosures on insured mortgages -STATUTE- (a) In general The Secretary of Housing and Urban Development shall collect and maintain information regarding early defaults on mortgages as provided under this section. The Secretary shall make such information available for public inspection upon request. Information shall be collected quarterly with respect to each applicable collection period (as such term is defined in subsection (c) of this section) and shall be available for inspection not more than 30 days after the conclusion of the calendar quarter relating to each such period. Information shall first be made available under this section for the applicable collection period relating to the first calendar quarter ending more than 180 days after November 28, 1990. (b) Contents (1) Mortgage lender analysis Information collected under this section shall include, for each lender originating mortgages during the applicable collection period that are insured pursuant to section 1709 of this title and secured by property in a designated census tract, the following information with respect to such mortgages: (A) The name of the lender and the number of each designated census tract in which the lender originated 1 or more such mortgages during the applicable collection period. (B) The total number of such mortgages originated by such lender during the applicable collection period in each designated census tract and the number of mortgages originated each year in each designated census tract. (C) The total number of defaults and foreclosures on such mortgages during the applicable collection period in each designated census tract and the number of defaults and foreclosures in each designated census tract in each year of the period. (D) For each designated census tract, the percentage of such lender's total insured mortgages originated during each year of the applicable collection period (with respect to properties within such census tract) on which defaults or foreclosures have occurred during the applicable collection period. (E) The total of all such originations, defaults, and foreclosures on insured mortgages originated by such lender during the applicable collection period for all designated census tracts and the percentage of the total number of such lender's insured mortgage originations on which defaults or foreclosures have occurred during the applicable collection period. (2) Other information Information collected under this section shall also include the following: (A) For each lender referred to under paragraph (1), the total number of insured mortgages originated by the lender secured by properties not located in a designated census tract, the total number of defaults and foreclosures on such mortgages, and the percentage of such mortgages originated on which defaults or foreclosures occurred during the applicable collection period. (B) For each designated census tract, the total number of mortgages originated during the applicable collection period that are insured pursuant to section 1709 of this title, the number of defaults and foreclosures occurring on such mortgages during such period, and the percentage of the total insured mortgage originations during the period on which defaults or foreclosures occurred. (c) Annual reports The Secretary shall submit to the Congress annually a report containing the information collected and maintained under subsection (b) of this section for the relevant year. (d) Definitions For purposes of this section: (1) Applicable collection period The term 'applicable collection period' means the 5-year period ending on the last day of the calendar quarter for which information under this section is collected. (2) Designated census tract The term 'designated census tract' means a census tract located within a metropolitan statistical area, as defined pursuant to regulations issued by the Secretary of Commerce. -SOURCE- (June 27, 1934, ch. 847, title V, Sec. 540, as added Nov. 28, 1990, Pub. L. 101-625, title III, Sec. 335(a), 104 Stat. 4142.) -MISC1- AVAILABILITY OF INFORMATION REGARDING DEFAULT/CLAIM RATES DURING TRANSITION Section 335(b) of Pub. L. 101-625 provided that: 'During the period beginning on the date of the enactment of this Act (Nov. 28, 1990) and ending on the date of the initial availability of information under section 540 of the National Housing Act (12 U.S.C. 1735f-18) (as added by subsection (a)), the Secretary of Housing and Urban Development shall make publicly available all reports regarding Default/Claim Rates per Regional Office for Fiscal Year 1990 Endorsements that are produced by the Department of Housing and Urban Development during such period.' ------DocID 16218 Document 13 of 1438------ -CITE- 12 USC Sec. 1749bbb-18 -EXPCITE- TITLE 12 CHAPTER 13 SUBCHAPTER IX-C Part D -HEAD- Sec. 1749bbb-18. Utilization of services and facilities of other agencies -STATUTE- The Director may, with the consent of the agency concerned, accept and utilize, on a reimbursable basis, the officers, employees, services, facilities, and information of any agency of the Federal Government, except that any such agency having custody of any data relating to any of the matters within the jurisdiction of the Director shall, to the extent permitted by law, upon request of the Director makes such data available to the Director. -SOURCE- (June 27, 1934, ch. 847, title XII, Sec. 1248, formerly Sec. 1238, as added Aug. 1, 1968, Pub. L. 90-448, title XI, Sec. 1103, 82 Stat. 566, renumbered Dec. 31, 1970, Pub. L. 91-609, title VI, Sec. 602(d), 84 Stat. 1789, and amended Nov. 30, 1983, Pub. L. 98-181, title IV, Sec. 452(b)(1), 97 Stat. 1230.) -MISC1- AMENDMENTS 1983 - Pub. L. 98-181 substituted 'Director' for 'Secretary' wherever appearing. ------DocID 16356 Document 14 of 1438------ -CITE- 12 USC CHAPTER 18 -EXPCITE- TITLE 12 CHAPTER 18 -HEAD- CHAPTER 18 - BANK SERVICE CORPORATIONS -MISC1- Sec. 1861. Short title and definitions. 1862. Amount of investment in bank service corporation. 1863. Permissible bank service corporation activities for depository institutions. 1864. Permissible bank service corporation activities for other persons. (a) Services permissible other than taking deposits. (b) Services to be performed in State where shareholders are located. (c) Performance where State bank is shareholder. (d) Performance where national bank is shareholder. (e) Performance where State bank and national bank are shareholders. (f) Geographic location. 1865. Prior approval for investments in bank service corporations. (a) Approval of Federal banking agency. (b) Approval of Board. (c) Considerations in determining approval. (d) Failure to act on application for approval. 1866. Services to nonstockholders. 1867. Regulation and examination of bank service corporations. (a) Principal investor. (b) Applicability of section 1818 of this title. (c) Services performed by contract or otherwise. (d) Issuance of regulations and orders. ------DocID 17457 Document 15 of 1438------ -CITE- 15 USC Sec. 18 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 18. Acquisition by one corporation of stock of another -STATUTE- No person engaged in commerce or in any activity affecting commerce shall acquire, directly or indirectly, the whole or any part of the stock or other share capital and no person subject to the jurisdiction of the Federal Trade Commission shall acquire the whole or any part of the assets of another person engaged also in commerce or in any activity affecting commerce, where in any line of commerce or in any activity affecting commerce in any section of the country, the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly. No person shall acquire, directly or indirectly, the whole or any part of the stock or other share capital and no person subject to the jurisdiction of the Federal Trade Commission shall acquire the whole or any part of the assets of one or more persons engaged in commerce or in any activity affecting commerce, where in any line of commerce or in any activity affecting commerce in any section of the country, the effect of such acquisition, of such stocks or assets, or of the use of such stock by the voting or granting of proxies or otherwise, may be substantially to lessen competition, or to tend to create a monopoly. This section shall not apply to persons purchasing such stock solely for investment and not using the same by voting or otherwise to bring about, or in attempting to bring about, the substantial lessening of competition. Nor shall anything contained in this section prevent a corporation engaged in commerce or in any activity affecting commerce from causing the formation of subsidiary corporations for the actual carrying on of their immediate lawful business, or the natural and legitimate branches or extensions thereof, or from owning and holding all or a part of the stock of such subsidiary corporations, when the effect of such formation is not to substantially lessen competition. Nor shall anything herein contained be construed to prohibit any common carrier subject to the laws to regulate commerce from aiding in the construction of branches or short lines so located as to become feeders to the main line of the company so aiding in such construction or from acquiring or owning all or any part of the stock of such branch lines, nor to prevent any such common carrier from acquiring and owning all or any part of the stock of a branch or short line constructed by an independent company where there is no substantial competition between the company owning the branch line so constructed and the company owning the main line acquiring the property or an interest therein, nor to prevent such common carrier from extending any of its lines through the medium of the acquisition of stock or otherwise of any other common carrier where there is no substantial competition between the company extending its lines and the company whose stock, property, or an interest therein is so acquired. Nothing contained in this section shall be held to affect or impair any right heretofore legally acquired: Provided, That nothing in this section shall be held or construed to authorize or make lawful anything heretofore prohibited or made illegal by the antitrust laws, nor to exempt any person from the penal provisions thereof or the civil remedies therein provided. Nothing contained in this section shall apply to transactions duly consummated pursuant to authority given by the Secretary of Transportation, Federal Communications Commission, Federal Power Commission, Interstate Commerce Commission, the Securities and Exchange Commission in the exercise of its jurisdiction under section 79j of this title, the United States Maritime Commission, or the Secretary of Agriculture under any statutory provision vesting such power in such Commission or Secretary. -SOURCE- (Oct. 15, 1914, ch. 323, Sec. 7, 38 Stat. 731; Dec. 29, 1950, ch. 1184, 64 Stat. 1125; Sept. 12, 1980, Pub. L. 96-349, Sec. 6(a), 94 Stat. 1157; Oct. 4, 1984, Pub. L. 98-443, Sec. 9(l), 98 Stat. 1708.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-443 substituted 'Secretary of Transportation' for 'Civil Aeronautics Board' and 'Commission or Secretary' for 'Commission, Secretary, or Board' in sixth par. 1980 - Pub. L. 96-349, substituted 'person' for 'corporation' wherever appearing in first and second pars.; substituted 'persons' for 'corporations' in second par. and first sentence of third par.; and inserted 'or in any activity affecting commerce' after 'commerce' wherever appearing in first, second, and third pars. 1950 - Act Dec. 29, 1950, amended section generally so as to prohibit the acquisition of the whole or any part of the assets of another corporation when the effect of the acquisition may substantially lessen competition or tend to create a monopoly. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v) of Pub. L. 98-443, set out as a note under section 5314 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1980 AMENDMENT Section 6(b) of Pub. L. 96-349 provided that: 'The amendments made by this section (amending this section) shall apply only with respect to acquisitions made after the date of the enactment of this Act (Sept. 12, 1980).' -TRANS- TRANSFER OF FUNCTIONS Federal Power Commission terminated and functions, personnel, property, funds, etc., transferred to Secretary of Energy (except for certain functions transferred to Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. Executive and administrative functions of Maritime Commission transferred to Chairman of Maritime Commission by Reorg. Plan No. 6 of 1949, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1069, set out in the Appendix to Title 5, Government Organization and Employees. See, also, notes set out under section 1111 of Title 46, Appendix, Shipping. United States Maritime Commission abolished by Reorg. Plan No. 21 of 1950, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in the Appendix to Title 5, which transferred part of its functions and part of functions of its Chairman, to Federal Maritime Board and Chairman thereof, such Board having been created by that Plan as an agency within Department of Commerce with an independent status in some respects, and transferred remainder of such Commission's functions and functions of its Chairman to Secretary of Commerce, with power vested in Secretary to authorize their performance by Maritime Administrator (the head of Maritime Administration, which likewise established by the Plan in Department of Commerce) with provision that Chairman of Federal Maritime Board should, ex officio, be such Administrator. Section 304 of Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 840, set out in the Appendix to Title 5, abolished Federal Maritime Board, including offices of members of Board. Functions of Board transferred either to Federal Maritime Commission or Secretary of Commerce by sections 103 and 202 of Reorg. Plan No. 7 of 1961. Maritime Administration of Department of Commerce transferred to Department of Transportation, and all related functions of Secretary and other officers and offices of Department of Commerce transferred to Department of Transportation and vested in Secretary of Transportation, see section 1601 et seq. of Title 46, Appendix, Shipping. -CROSS- CROSS REFERENCES Acquisition of stock of export trade corporation, see section 63 of this title. Administrative authority to enforce compliance with this section, see section 21 of this title. Divestment of stock held contrary to the provisions of this section, see section 21 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 18a, 21, 26, 63 of this title. ------DocID 17760 Document 16 of 1438------ -CITE- 15 USC Sec. 80a-18 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-18. Capital structure of investment companies -STATUTE- (a) Qualifications on issuance of senior securities It shall be unlawful for any registered closed-end company to issue any class of senior security, or to sell any such security of which it is the issuer, unless - (1) if such class of senior security represents an indebtedness - (A) immediately after such issuance or sale, it will have an asset coverage of at least 300 per centum; (B) provision is made to prohibit the declaration of any dividend (except a dividend payable in stock of the issuer), or the declaration of any other distribution, upon any class of the capital stock of such investment company, or the purchase of any such capital stock, unless, in every such case, such class of senior securities has at the time of the declaration of any such dividend or distribution or at the time of any such purchase an asset coverage of at least 300 per centum after deducting the amount of such dividend, distribution, or purchase price, as the case may be, except that dividends may be declared upon any preferred stock if such senior security representing indebtedness has an asset coverage of at least 200 per centum at the time of declaration thereof after deducting the amount of such dividend; and (C) provision is made either - (i) that, if on the last business day of each of twelve consecutive calendar months such class of senior securities shall have an asset coverage of less than 100 per centum, the holders of such securities voting as a class shall be entitled to elect at least a majority of the members of the board of directors of such registered company, such voting right to continue until such class of senior security shall have an asset coverage of 110 per centum or more on the last business day of each of three consecutive calendar months, or (ii) that, if on the last business day of each of twenty-four consecutive calendar months such class of senior securities shall have an asset coverage of less than 100 per centum, an event of default shall be deemed to have occurred; (2) if such class of senior security is a stock - (A) immediately after such issuance or sale it will have an asset coverage of at least 200 per centum; (B) provision is made to prohibit the declaration of any dividend (except a dividend payable in common stock of the issuer), or the declaration of any other distribution, upon the common stock of such investment company, or the purchase of any such common stock, unless in every such case such class of senior security has at the time of the declaration of any such dividend or distribution or at the time of any such purchase an asset coverage of at least 200 per centum after deducting the amount of such dividend, distribution or purchase price, as the case may be; (C) provision is made to entitle the holders of such senior securities, voting as a class, to elect at least two directors at all times, and, subject to the prior rights, if any, of the holders of any other class of senior securities outstanding, to elect a majority of the directors if at any time dividends on such class of securities shall be unpaid in an amount equal to two full years' dividends on such securities, and to continue to be so represented until all dividends in arrears shall have been paid or otherwise provided for; (D) provision is made requiring approval by the vote of a majority of such securities, voting as a class, of any plan of reorganization adversely affecting such securities or of any action requiring a vote of security holders as in section 80a-13(a) of this title provided; and (E) such class of stock shall have complete priority over any other class as to distribution of assets and payment of dividends, which dividends shall be cumulative. (b) Asset coverage in respect of senior securities The asset coverage in respect of a senior security provided for in subsection (a) of this section may be determined on the basis of values calculated as of a time within forty-eight hours (not including Sundays or holidays) next preceding the time of such determination. The time of issue or sale shall, in the case of an offering of such securities to existing stockholders of the issuer, be deemed to be the first date on which such offering is made, and in all other cases shall be deemed to be the time as of which a firm commitment to issue or sell and to take or purchase such securities shall be made. (c) Prohibitions relating to issuance of senior securities Notwithstanding the provisions of subsection (a) of this section it shall be unlawful for any registered closed-end investment company to issue or sell any senior security representing indebtedness if immediately thereafter such company will have outstanding more than one class of senior security representing indebtedness, or to issue or sell any senior security which is a stock if immediately thereafter such company will have outstanding more than one class of senior security which is a stock, except that (1) any such class of indebtedness or stock may be issued in one or more series: Provided, That no such series shall have a preference or priority over any other series upon the distribution of the assets of such registered closed-end company or in respect of the payment of interest or dividends, and (2) promissory notes or other evidences of indebtedness issued in consideration of any loan, extension, or renewal thereof, made by a bank or other person and privately arranged, and not intended to be publicly distributed, shall not be deemed to be a separate class of senior securities representing indebtedness within the meaning of this subsection. (d) Warrants and rights to subscription It shall be unlawful for any registered management company to issue any warrant or right to subscribe to or purchase a security of which such company is the issuer, except in the form of warrants or rights to subscribe expiring not later than one hundred and twenty days after their issuance and issued exclusively and ratably to a class or classes of such company's security holders; except that any warrant may be issued in exchange for outstanding warrants in connection with a plan of reorganization. (e) Application of section to specific senior securities The provisions of this section shall not apply to any senior securities issued or sold by any registered closed-end company - (1) for the purpose of refunding through payment, purchase, redemption, retirement, or exchange, any senior security of such registered investment company except that no senior security representing indebtedness shall be so issued or sold for the purpose of refunding any senior security which is a stock; or (2) pursuant to any plan of reorganization (other than for refunding as referred to in subsection (e)(2) (FOOTNOTE 1) of this section), provided - (FOOTNOTE 1) So in original. Probably should be subsection '(e)(1)'. (A) that such senior securities are issued or sold for the purpose of substituting or exchanging such senior securities for outstanding senior securities, and if such senior securities represent indebtedness they are issued or sold for the purpose of substituting or exchanging such senior securities for outstanding senior securities representing indebtedness, of any registered investment company which is a party to such plan of reorganization; or (B) that the total amount of such senior securities so issued or sold pursuant to such plan does not exceed the total amount of senior securities of all the companies which are parties to such plan, and the total amount of senior securities representing indebtedness so issued or sold pursuant to such plan does not exceed the total amount of senior securities representing indebtedness of all such companies, or, alternatively, the total amount of such senior securities so issued or sold pursuant to such plan does not have the effect of increasing the ratio of senior securities representing indebtedness to the securities representing stock or the ratio of senior securities representing stock to securities junior thereto when compared with such ratios as they existed before such reorganization. (f) Senior securities securing loans from bank; securities not included in 'senior security' (1) It shall be unlawful for any registered open-end company to issue any class of senior security or to sell any senior security of which it is the issuer, except that any such registered company shall be permitted to borrow from any bank: Provided, That immediately after any such borrowing there is an asset coverage of at least 300 per centum for all borrowings of such registered company: And provided further, That in the event that such asset coverage shall at any time fall below 300 per centum such registered company shall, within three days thereafter (not including Sundays and holidays) or such longer period as the Commission may prescribe by rules and regulations, reduce the amount of its borrowings to an extent that the asset coverage of such borrowings shall be at least 300 per centum. (2) 'Senior security' shall not, in the case of a registered open-end company, include a class or classes or a number of series of preferred or special stock each of which is preferred over all other classes or series in respect of assets specifically allocated to that class or series: Provided, That (A) such company has outstanding no class or series of stock which is not so preferred over all other classes or series, or (B) the only other outstanding class of the issuer's stock consists of a common stock upon which no dividend (other than a liquidating dividend) is permitted to be paid and which in the aggregate represents not more than one-half of 1 per centum of the issuer's outstanding voting securities. For the purpose of insuring fair and equitable treatment of the holders of the outstanding voting securities of each class or series of stock of such company, the Commission may by rule, regulation, or order direct that any matter required to be submitted to the holders of the outstanding voting securities of such company shall not be deemed to have been effectively acted upon unless approved by the holders of such percentage (not exceeding a majority) of the outstanding voting securities of each class or series of stock affected by such matter as shall be prescribed in such rule, regulation, or order. (g) 'Senior security' defined Unless otherwise provided: 'Senior security' means any bond, debenture, note, or similar obligation or instrument constituting a security and evidencing indebtedness, and any stock of a class having priority over any other class as to distribution of assets or payment of dividends; and 'senior security representing indebtedness' means any senior security other than stock. The term 'senior security', when used in subparagraphs (B) and (C) of paragraph (1) of subsection (a) of this section, shall not include any promissory note or other evidence of indebtedness issued in consideration of any loan, extension, or renewal thereof, made by a bank or other person and privately arranged, and not intended to be publicly distributed; nor shall such term, when used in this section, include any such promissory note or other evidence of indebtedness in any case where such a loan is for temporary purposes only and in an amount not exceeding 5 per centum of the value of the total assets of the issuer at the time when the loan is made. A loan shall be presumed to be for temporary purposes if it is repaid within sixty days and is not extended or renewed; otherwise it shall be presumed not to be for temporary purposes. Any such presumption may be rebutted by evidence. (h) 'Asset coverage' defined 'Asset coverage' of a class of senior security representing an indebtedness of an issuer means the ratio which the value of the total assets of such issuer, less all liabilities and indebtedness not represented by senior securities, bears to the aggregate amount of senior securities representing indebtedness of such issuer. 'Asset coverage' of a class of senior security of an issuer which is a stock means the ratio which the value of the total assets of such issuer, less all liabilities and indebtedness not represented by senior securities, bears to the aggregate amount of senior securities representing indebtedness of such issuer plus the aggregate of the involuntary liquidation preference of such class of senior security which is a stock. The involuntary liquidation preference of a class of senior security which is a stock shall be deemed to mean the amount to which such class of senior security would be entitled on involuntary liquidation of the issuer in preference to a security junior to it. (i) Future issuance of stock as voting stock; exceptions Except as provided in subsection (a) of this section, or as otherwise required by law, every share of stock hereafter issued by a registered management company (except a common-law trust of the character described in section 80a-16(c) of this title) shall be a voting stock and have equal voting rights with every other outstanding voting stock: Provided, That this subsection shall not apply to shares issued pursuant to the terms of any warrant or subscription right outstanding on March 15, 1940, or any firm contract entered into before March 15, 1940, to purchase such securities from such company nor to shares issued in accordance with any rules, regulations, or orders which the Commission may make permitting such issue. (j) Securities issued by registered face-amount certificate company Notwithstanding any provision of this subchapter, it shall be unlawful, after August 22, 1940, for any registered face-amount certificate company - (1) to issue, except in accordance with such rules, regulations, or orders as the Commission may prescribe in the public interest or as necessary or appropriate for the protection of investors, any security other than (A) a face-amount certificate; (B) a common stock having a par value and being without preference as to dividends or distributions and having at least equal voting rights with any outstanding security of such company; or (C) short-term payment or promissory notes or other indebtedness issued in consideration of any loan, extension, or renewal thereof, made by a bank or other person and privately arranged and not intended to be publicly offered; (2) if such company has outstanding any security, other than such face-amount certificates, common stock, promissory notes, or other evidence of indebtedness, to make any distribution or declare or pay any dividend on any capital security in contravention of such rules and regulations or orders as the Commission may prescribe in the public interest or as necessary or appropriate for the protection of investors or to insure the financial integrity of such company, to prevent the impairment of the company's ability to meet its obligations upon its face-amount certificates; or (3) to issue any of its securities except for cash or securities including securities of which such company is the issuer. (k) Application of section to companies operating under Small Business Investment Act provisions The provisions of subparagraphs (A) and (B) of paragraph (1) of subsection (a) of this section shall not apply to investment companies operating under the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.), and the provisions of paragraph (2) of said subsection shall not apply to such companies so long as such class of senior security shall be held or guaranteed by the Small Business Administration. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 18, 54 Stat. 817; Aug. 21, 1958, Pub. L. 85-699, title III, Sec. 307(c), 72 Stat. 694; Dec. 14, 1970, Pub. L. 91-547, Sec. 10, 84 Stat. 1421; Aug. 21, 1958, Pub. L. 85-699, title III, Sec. 319, as added Oct. 27, 1972, Pub. L. 92-595, Sec. 2(g), 86 Stat. 1316; June 4, 1975, Pub. L. 94-29, Sec. 28(4), 89 Stat. 165; Dec. 4, 1987, Pub. L. 100-181, title VI, Sec. 613, 101 Stat. 1261.) -REFTEXT- REFERENCES IN TEXT The Small Business Investment Act of 1958, referred to in subsec. (k), is Pub. L. 85-699, Aug. 21, 1958, 72 Stat. 689, as amended, which is classified principally to chapter 14B (Sec. 661 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 661 of this title and Tables. -MISC2- AMENDMENTS 1987 - Subsec. (e). Pub. L. 100-181 redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: 'pursuant to any firm contract to purchase or sell entered into prior to March 15, 1940;'. 1975 - Subsec. (i). Pub. L. 94-29 substituted 'section 80a-16(c) of this title' for 'section 80a-16(b) of this title'. 1972 - Subsec. (k). Section 319 of Pub. L. 85-699, as added by Pub. L. 92-595, inserted provision that subsec. (a)(2) shall not apply to companies operating under the Small Business Investment Act of 1958, so long as such class of senior security shall be held or guaranteed by the Small Business Administration. 1970 - Subsec. (f)(2). Pub. L. 91-547 substituted 'That (A)' and 'or (B) the' for '(A) That' and 'or (B) that the' and inserted provision for purpose of insuring fair and equitable treatment of the holders of the outstanding voting securities of each class or series of stock of such company, that the Commission may by rule, regulation, or order direct that any matter required to be submitted to the holders of the outstanding voting securities of such company shall not be deemed to have been effectively acted upon unless approved by the holders of such percentage (not exceeding a majority) of the outstanding voting securities of each class or series of stock affected by such matter as shall be prescribed in such rule, regulation, or order. 1958 - Subsec. (k). Pub. L. 85-699 added subsec. (k). EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-29 effective June 4, 1975, see section 31(a) of Pub. L. 94-29, set out as a note under section 78b of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-547 effective Dec. 14, 1970, see section 30 of Pub. L. 91-547, set out as a note under section 80a-52 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -CROSS- CROSS REFERENCES Sale by closed-end company of common stock upon warrant, see section 80a-23 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-23, 80a-60 of this title. ------DocID 17827 Document 17 of 1438------ -CITE- 15 USC Sec. 80b-18 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER II -HEAD- Sec. 80b-18. Hiring and leasing authority of Commission -STATUTE- The provisions of section 78d(b) of this title shall be applicable with respect to the power of the Commission - (1) to appoint and fix the compensation of such other employees as may be necessary for carrying out its functions under this subchapter, and (2) to lease and allocate such real property as may be necessary for carrying out its functions under this subchapter. -SOURCE- (Aug. 22, 1940, ch. 686, title II, Sec. 218, 54 Stat. 857; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Nov. 15, 1990, Pub. L. 101-550, title I, Sec. 104(d), 104 Stat. 2714.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-550 amended section generally. Prior to amendment, section related to appointment and compensation of employees. 1949 - Act Oct. 28, 1949, substituted 'Classification Act of 1949' for 'Classification Act of 1923'. REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. ------DocID 18334 Document 18 of 1438------ -CITE- 15 USC CHAPTER 18 -EXPCITE- TITLE 15 CHAPTER 18 -HEAD- CHAPTER 18 - TRANSPORTATION OF FIREARMS ------DocID 19599 Document 19 of 1438------ -CITE- 16 USC Sec. 18 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 18. Promotion of tourist travel -STATUTE- The Secretary of Commerce shall encourage, promote, and develop travel within the United States, including any Commonwealth, territory, and possession thereof, through activities which are in the public interest and which do not compete with activities of any State, city, or private agency. -SOURCE- (July 19, 1940, ch. 642, Sec. 1, 54 Stat. 773; Dec. 19, 1973, Pub. L. 93-193, Sec. 2, 87 Stat. 765; July 9, 1975, Pub. L. 94-55, Sec. 2(b), 89 Stat. 262.) -MISC1- AMENDMENTS 1975 - Pub. L. 94-55 substituted 'shall encourage, promote, and develop travel within the United States, including any Commonwealth, territory, and possession thereof, through activities which are in the public interest and which do not compete with activities of any State, city, or private agency' for 'is authorized and directed to encourage, promote, and develop travel within the United States, its Territories and possessions, providing such activities do not compete with the activities of private agencies; and to administer all existing travel promotion functions of the Department of Commerce'. -TRANS- TRANSFER OF FUNCTIONS Section 2 of Pub. L. 93-193, Dec. 19, 1973, 87 Stat. 765, provided that: '(a) There are hereby transferred to and vested in the Secretary of Commerce all functions, powers, and duties of the Secretary of the Interior and other offices and officers of the Department of the Interior under the Act of July 19, 1940 (54 Stat. 773; 16 U.S.C. 18-18d). '(b) The assets, liabilities, contracts, property, records, authorizations, and allocations, employed, held, used, rising from, available or to be made available in connection with the functions, powers, and duties transferred by subsection (a) of this section are hereby transferred to the Secretary of Commerce.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 18a to 18d of this title. ------DocID 21084 Document 20 of 1438------ -CITE- 16 USC Sec. 460l-18 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXIX Part C -HEAD- Sec. 460l-18. Authority of Secretary of the Interior -STATUTE- (a) Provision of facilities, acquisition of lands, and provision for public use and enjoyment of project lands, facilities, and water areas in coordination with other project purposes; limitation per project; execution of agreements before providing lands, facilities, and project modifications The Secretary is authorized, in conjunction with any reservoir heretofore constructed by him pursuant to the Federal reclamation laws or any reservoir which is otherwise under his control, except reservoirs within national wildlife refuges, to investigate, plan, construct, operate and maintain, or otherwise provide for public outdoor recreation and fish and wildlife enhancement facilities, to acquire or otherwise make available such adjacent lands or interests therein as are necessary for public outdoor recreation or fish and wildlife use, and to provide for public use and enjoyment of project lands, facilities, and water areas in a manner coordinated with the other project purposes: Provided, That not more than $100,000 shall be available to carry out the provisions of this subsection at any one reservoir. Lands, facilities and project modifications for the purposes of this subsection may be provided only after an agreement in accordance with section 460l-14(b) of this title has been executed. (b) Agreements with government agencies to promote development and operation of lands or facilities for recreation and fish and wildlife enhancement purposes The Secretary of the Interior is authorized to enter into agreements with Federal agencies or State or local public bodies for the administration of project land and water areas and the operation, maintenance, and replacement of facilities and to transfer project lands or facilities to Federal agencies or State or local public bodies by lease agreement or exchange upon such terms and conditions as will best promote the development and operation of such lands or facilities in the public interest for recreation and fish and wildlife enhancement purposes. (c) Transfer of lands; consent of other Federal agencies to use of lands for recreation or fish and wildlife purposes; transfers to Secretary of Agriculture of forest lands; continuing administration of lands and waters for other project purposes; prohibition against limitation of authority under existing provisions of law No lands under the jurisdiction of any other Federal agency may be included for or devoted to recreation or fish and wildlife purposes under the authority of this section without the consent of the head of such agency; and the head of any such agency is authorized to transfer any such lands to the jurisdiction of the Secretary of the Interior for purposes of this section. The Secretary of the Interior is authorized to transfer jurisdiction over project lands within or adjacent to the exterior boundaries of national forests and facilities thereon to the Secretary of Agriculture for recreation and other national forest system purposes; and such transfer shall be made in each case in which the project reservoir area is located wholly within the exterior boundaries of a national forest unless the Secretaries of Agriculture and Interior jointly determine otherwise. Where any project lands are transferred hereunder to the jurisdiction of the Secretary of Agriculture, the lands involved shall become national forest lands: Provided, That the lands and waters within the flow lines of any reservoir or otherwise needed or used for the operation of the project for other purposes shall continue to be administered by the Secretary of the Interior to the extent he determines to be necessary for such operation. Nothing herein shall limit the authority of the Secretary of the Interior granted by existing provisions of law relating to recreation or fish and wildlife development in connection with water resource projects or to disposition of public lands for such purposes. -SOURCE- (Pub. L. 89-72, Sec. 7, July 9, 1965, 79 Stat. 216.) -REFTEXT- REFERENCES IN TEXT The Federal reclamation laws, referred to in subsec. (a), are classified generally to chapter 12 (Sec. 371 et seq.) of Title 43, Public Lands. ------DocID 21111 Document 21 of 1438------ -CITE- 16 USC Sec. 460m-18 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXI-A -HEAD- Sec. 460m-18. Zoning laws and ordinances; establishment; assistance; restrictions; variances -STATUTE- The Secretary shall on his own initiative, or at the request of any local government having jurisdiction over land located in or adjacent to the Gorge area, assist and consult with the appropriate officials and employees of such local government in establishing zoning laws or ordinances which will assist in achieving the purposes of this subchapter. In providing assistance pursuant to this section, the Secretary shall endeavor to obtain provisions in such zoning laws or ordinances which - (1) have the effect of restricting incompatible commercial and industrial use of all real property in or adjacent to the Gorge area; (2) aid in preserving the character of the Gorge area by appropriate restrictions on the use of real property in the vicinity, including, but not limited to, restrictions upon building and construction of all types; signs and billboards; the burning of cover; cutting of timber; removal of topsoil, sand, or gravel; dumping, storage, or piling of refuse; or any other use which would detract from the esthetic character of the Gorge area; and (3) have the effect of providing that the Secretary shall receive advance notice of any hearing for the purpose of granting a variance and any variance granted under, and of any exception made to, the application of such law or ordinance. -SOURCE- (Pub. L. 95-625, title XI, Sec. 1104, Nov. 10, 1978, 92 Stat. 3546.) ------DocID 21208 Document 22 of 1438------ -CITE- 16 USC Sec. 460u-18 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LXXIX -HEAD- Sec. 460u-18. Study of areas III-A, III-C, and II-A; report to Congressional committees -STATUTE- By July 1, 1977, the Secretary shall prepare and transmit to the Committees on Interior and Insular Affairs of the United States Congress a study of areas III-A, III-C, and II-A, as designated on map numbered 626-91007. The Secretary shall make reasonable provision for the timely participation of the State of Indiana, local public officials, affected property owners, and the general public in the formulation of said study, including, but not limited to, the opportunity to testify at a public hearing. The record of such hearing shall accompany said study. With respect to areas III-A and III-C, the study shall (a) address the desirability of acquisition of any or all of the area from the standpoint of resource management, protection, and public access; (b) develop alternatives for the control of beach erosion if desirable, including recommendations, if control is necessary, of assessing the costs of such control against those agencies responsible for such erosion; (c) consider and propose options to guarantee public access to and use of the beach area, including the location of necessary facilities for transportation, health, and safety; (d) detail the recreational potential of the area and all available alternatives for achieving such potential; (e) review the environmental impact upon the lakeshore resulting from the potential development and improvement of said areas; and (f) assess the cost to the United States from both the acquisition of said areas together with the potential savings from the retention of rights of use and occupancy and from the retention of the boundaries of the lakeshore, as designated on map numbered 626-91007, including the costs of additional administrative responsibilities necessary for the management of the lakeshore, including the maintenance of public services in the town of Beverly Shores, Indiana. With respect to area II-A, the Secretary shall study and report concerning the following objectives: (a) preservation of the remaining dunes, wetlands, native vegetation, and animal life within the area; (b) preservation and restoration of the watersheds of Cowles Bog and its associated wetlands; (c) appropriate public access to and use of lands within the area; (d) protection of the area and the adjacent lakeshore from degradation caused by all forms of construction, pollution, or other adverse impacts including, but not limited to, the discharge of wastes and any excessive subsurface migration of water; and (e) the economic consequences to the utility and its customers of acquisition of such area. -SOURCE- (Pub. L. 89-761, Sec. 18, formerly Sec. 19, added and renumbered Pub. L. 94-549, Sec. 1(8), (9), Oct. 18, 1976, 90 Stat. 2532, 2533.) -CHANGE- CHANGE OF NAME Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the 'Committee System Reorganization Amendments of 1977'), approved Feb. 4, 1977. ------DocID 21452 Document 23 of 1438------ -CITE- 16 USC Sec. 460vv-18 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVII -HEAD- Sec. 460vv-18. Land acquisition -STATUTE- (a) Authority The Secretary of Agriculture is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange, any lands or interests therein, which the Secretary determines are needed to establish and manage the Winding Stair Mountain National Recreation and Wilderness Area. (b) Offers In exercising the authority conferred by this section to acquire lands, the Secretary of Agriculture shall give prompt and careful consideration to any offer made by an individual owning any land, or interest in land, within the Winding Stair Mountain National Recreation and Wilderness Area. In considering any such offer, the Secretary shall take into consideration any hardship to the owner which might result from any undue delay in acquiring the property. (c) Additional facilities The Secretary of Agriculture may acquire sites at locations outside such boundaries of the Winding Stair Mountain National Recreation and Wilderness Area, as he determines necessary, for visitor orientation and the establishment of a lodge and additional facilities to enhance the quality of the area. (d) Additional lands Notwithstanding the limitations contained in section 460l-9(a)(1) of this title, the Secretary of Agriculture may acquire by purchase, exchange, donation or otherwise any right, title, and interest in lands in Le Flore County, Oklahoma, which are outside the boundaries of the Ouachita National Forest. No such right, title or interest may be acquired without the consent of the owner thereof. All lands and interests therein acquired under this subsection shall be administered by the Secretary of Agriculture in accordance with the Act of March 1, 1911, commonly referred to as the Weeks Act (36 Stat. 961) and in accordance with the laws, rules, and regulations generally applicable to units of the national forest system. The Secretary of Agriculture shall extend the boundaries of the Ouachita National Forest to include such lands. -SOURCE- (Pub. L. 100-499, Sec. 20, Oct. 18, 1988, 102 Stat. 2499.) -REFTEXT- REFERENCES IN TEXT Act of March 1, 1911, commonly referred to as the Weeks Law, referred to in subsec. (d), is act Mar. 1, 1911, ch. 186, 36 Stat. 961, as amended, which is classified to sections 480, 500, 513 to 519, 521, 552, and 563 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables. ------DocID 22761 Document 24 of 1438------ -CITE- 16 USC CHAPTER 18 -EXPCITE- TITLE 16 CHAPTER 18 -HEAD- CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION -MISC1- Sec. 1001. Declaration of policy. 1002. Definitions 1003. Assistance to local organizations. 1003a. Cost share assistance. (a) Easements. (b) Amount. 1004. Conditions for Federal assistance. 1005. Works of improvement. (1) Engineering and other services; reimbursement; advances. (2) Federal construction; request by local organization. (3) Transmission of certain plans to Congress. (4) Transmission of certain plans and recommendations to Congress. (5) Rules and regulations. 1006. Cooperative programs. 1006a. Loans or advancements for financing local share of costs; repayment; interest, maximum amount. 1006b. Territorial application. 1007. Authorization of appropriations. 1008. Notification of Secretary of the Interior of approval of assistance; surveys and investigations; report and recommendations; consideration; cost of surveys, investigations and reports. 1009. Joint investigations and surveys by Secretary of the Army and Secretary of Agriculture; reports to Congress. 1010. Data. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to section 460l-17 of this title; title 7 section 1931; title 22 section 277d-29; title 30 section 1265; title 33 sections 1288, 2298, 2311; title 40 App. section 214; title 42 section 3131. ------DocID 7720 Document 25 of 1438------ -CITE- 2 USC CHAPTER 18 -EXPCITE- TITLE 2 CHAPTER 18 -HEAD- CHAPTER 18 - LEGISLATIVE PERSONNEL FINANCIAL DISCLOSURE REQUIREMENTS ------DocID 23784 Document 26 of 1438------ -CITE- 18 USC PART I -EXPCITE- TITLE 18 PART I -HEAD- PART I - CRIMES -MISC1- Chap. Sec. 1. General provisions 1 2. Aircraft and motor vehicles 31 3. Animals, birds, fish, and plants 41 5. Arson 81 7. Assault 111 9. Bankruptcy 151 10. Biological Weapons (FOOTNOTE 1) 175 (FOOTNOTE 1) So in original. Probably should not be capitalized. 11. Bribery, graft, and conflicts of interest 201 12. Civil disorders 231 13. Civil rights 241 15. Claims and services in matters affecting government 281 17. Coins and currency 331 17A. Common carrier operation under the influence of alcohol or drugs 341 18. Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault 351 19. Conspiracy 371 21. Contempts 401 23. Contracts 431 25. Counterfeiting and forgery 471 27. Customs 541 29. Elections and political activities 591 31. Embezzlement and theft 641 33. Emblems, insignia, and names (FOOTNOTE 2) 701 (FOOTNOTE 2) So in original. Probably should be '700'. 35. Escape and rescue 751 37. Espionage and censorship 791 39. Explosives and combustibles (FOOTNOTE 3) 831 (FOOTNOTE 3) Chapter heading amended by Pub. L. 86-710 without corresponding amendment of part analysis. 40. Importation, manufacture, distribution and storage of explosive materials 841 41. Extortion and threats 871 42. Extortionate credit transactions 891 43. False personation 911 44. Firearms 921 45. Foreign relations 951 46. Forfeiture 981 47. Fraud and false statements 1001 49. Fugitives from justice 1071 50. Gambling 1081 50A. Genocide 1091 51. Homicide 1111 53. Indians 1151 55. Kidnaping 1201 57. Labor 1231 59. Liquor traffic 1261 61. Lotteries 1301 63. Mail fraud 1341 65. Malicious mischief 1361 67. Military and Navy 1381 (68. Repealed.) 69. Nationality and citizenship 1421 71. Obscenity 1461 73. Obstruction of justice 1501 75. Passports and visas 1541 77. Peonage and slavery 1581 79. Perjury 1621 81. Piracy and privateering 1651 83. Postal service 1691 84. Presidential and Presidential staff assassination, kidnaping, and assault 1751 85. Prison-made goods 1761 87. Prisons 1791 89. Professions and occupations 1821 91. Public lands 1851 93. Public officers and employees 1901 95. Racketeering 1951 96. Racketeer influenced and corrupt organizations 1961 97. Railroads 1991 (99. Repealed.) 101. Records and reports 2071 102. Riots 2101 103. Robbery and burglary 2111 105. Sabotage 2151 107. Seamen and stowaways 2191 109. Searches and seizures 2231 109A. Sexual abuse 2241 110. Sexual exploitation and other abuse of children 2251 111. Shipping 2271 113. Stolen property 2311 113A. Terrorism 2331 114. Trafficking in Contraband Cigarettes (FOOTNOTE 4) 2341 (FOOTNOTE 4) So in original. First word only of item should be capitalized. 115. Treason, sedition, and subversive activities 2381 117. Transportation for illegal sexual activity and related crimes 2421 119. Wire and electronic communications interception and interception of oral communications (FOOTNOTE 5) 2510 (FOOTNOTE 5) Editorially supplied. Chapter 119 added by Pub. L. 90-351 without corresponding amendment of part analysis. 121. Stored wire and electronic communications and transactional records access 2701 AMENDMENTS 1990 - Pub. L. 101-647, title II, Sec. 226(g)(3), Nov. 29, 1990, 104 Stat. 4808, inserted 'and other abuse' after 'exploitation' in item for chapter 110. Pub. L. 101-519, Sec. 132(c), Nov. 5, 1990, 104 Stat. 2252, substituted 'Terrorism' for 'Extraterritorial jurisdiction over terrorist acts abroad against United States nationals' in item for chapter 113A. Pub. L. 101-298, Sec. 3(c), May 22, 1990, 104 Stat. 203, added item for chapter 10. 1988 - Pub. L. 100-690, title VII, Sec. 7063, Nov. 18, 1988, 102 Stat. 4404, substituted 'Bribery, graft, and conflicts of interest' for 'Bribery and graft' in item for chapter 11, substituted 'carrier operation under the influence of alcohol or drugs....341' for 'Carrier Operation Under the Influence of Alcohol or Drugs' in item for chapter 17A, substituted 'abuse' for 'Abuse', in item for chapter 109A, struck out final period and inserted '....2331' in item for chapter 113A, and substituted 'wire and electronic communications and transactional records access' for 'Wire and Electronic Communications and Transactional Records Access' in item for chapter 121. Pub. L. 100-606, Sec. 2(b), Nov. 4, 1988, 102 Stat. 3047, added item for chapter 50A. 1986 - Pub. L. 99-646, Sec. 87(c)(7), Nov. 10, 1986, 100 Stat. 3623, and Pub. L. 99-654, Sec. 3(a)(7), Nov. 14, 1986, 100 Stat. 3663, amended analysis identically, striking out item for chapter 99 'Rape' and adding item for chapter 109A. Pub. L. 99-628, Sec. 5(a)(2), Nov. 7, 1986, 100 Stat. 3511, substituted 'Transportation for illegal sexual activity and related crimes' for 'White slave traffic' as item for chapter 117. Pub. L. 99-570, title I, Sec. 1366(b), 1971(b), Oct. 27, 1986, 100 Stat. 3207-39, 3207-59, added items for chapters 17A and 46. Pub. L. 99-508, title I, Sec. 101(c)(3), title II, Sec. 201(b), Oct. 21, 1986, 100 Stat. 1851, 1868, inserted 'and electronic communications' in item for chapter 119 and added item for chapter 121. Pub. L. 99-399, title XII, Sec. 1202(b), Aug. 27, 1986, 100 Stat. 897, added item for chapter 113A. 1982 - Pub. L. 97-285, Sec. 2(d), 4(d), Oct. 6, 1982, 96 Stat. 1219, 1220, substituted 'Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault' for 'Congressional assassination, kidnaping, and assault' as item for chapter 18, and inserted 'and Presidential staff' after 'Presidential' in item for chapter 84. 1978 - Pub. L. 95-575, Sec. 2, Nov. 2, 1978, 92 Stat. 2465, added item for chapter 114. Pub. L. 95-225, Sec. 2(b), Feb. 6, 1978, 92 Stat. 8, added item for chapter 110. 1971 - Pub. L. 91-644, title IV, Sec. 17, Jan. 2, 1971, 84 Stat. 1891, added item for chapter 18. 1970 - Pub. L. 91-513, title III, Sec. 1101(b)(1)(B), Oct. 27, 1970, 84 Stat. 1292, struck out item for chapter 68 'Narcotics'. Pub. L. 91-452, title IX, Sec. 901(b), title XI, Sec. 1102(b), Oct. 15, 1970, 84 Stat. 947, 959, added items for chapters 40 and 96. 1968 - Pub. L. 90-351, title IV, Sec. 905, June 19, 1968, 82 Stat. 234, added item for chapter 44. Pub. L. 90-321, title II, Sec. 202(b), May 29, 1968, 82 Stat. 162, added item for chapter 42. Pub. L. 90-284, title I, Sec. 104(b), title X, Sec. 1002(b), Apr. 11, 1968, 82 Stat. 77, 92, added items for chapters 12 and 102. 1965 - Pub. L. 89-141, Sec. 3, Aug. 28, 1965, 79 Stat. 581, added item for chapter 84. 1956 - Act Aug. 1, 1956, ch. 825, Sec. 2(a), 70 Stat. 798, substituted 'Animals, Birds, Fish, and Plants' for 'Animals, Birds, and Fish' in item for chapter 3. Act July 18, 1956, ch. 629, Sec. 202, 70 Stat. 575, added item for chapter 68. Act July 14, 1956, ch. 595, Sec. 2, 70 Stat. 540, added item for chapter 2. 1949 - Act May 24, 1949, ch. 139, Sec. 1, 63 Stat. 89, struck out 'constituting crimes' in item for chapter 21, and added item for chapter 50. ------DocID 23785 Document 27 of 1438------ -CITE- 18 USC CHAPTER 1 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- CHAPTER 1 - GENERAL PROVISIONS -MISC1- Sec. 1. Repealed. 2. Principals. 3. Accessory after the fact. 4. Misprision of felony. 5. United States defined. 6. Department and agency defined. 7. Special maritime and territorial jurisdiction of the United States defined. 8. Obligation or other security of the United States defined. 9. Vessel of the United States defined. 10. Interstate commerce and foreign commerce defined. 11. Foreign government defined. 12. United States Postal Service defined. 13. Laws of States adopted for areas within Federal jurisdiction. 14. Applicability to Canal Zone; definition. 15. Obligation or other security of foreign government defined. 16. Crime of violence defined. 17. Insanity defense. 18. Organization defined. 19. Petty offense defined. 20. Financial institution defined. SENATE REVISION AMENDMENT In the analysis of sections under this chapter heading, a new item, '14. Applicability to Canal Zone.', was inserted by Senate amendment, to follow underneath item 13, inasmuch as a new section 14, with such a catchline, was inserted, by Senate amendment, in this chapter. See Senate Report No. 1620, amendments Nos. 1 and 3, 80th Cong. AMENDMENTS 1990 - Pub. L. 101-647, title XXXV, Sec. 3504, Nov. 29, 1990, 104 Stat. 4921, substituted 'defense' for 'Defense' in item 17. 1989 - Pub. L. 101-73, title IX, Sec. 962(e)(3), Aug. 9, 1989, 103 Stat. 504, added item 20. 1987 - Pub. L. 100-185, Sec. 4(b), Dec. 11, 1987, 101 Stat. 1279, added item 19. 1986 - Pub. L. 99-646, Sec. 34(b), 38(b), Nov. 10, 1986, 100 Stat. 3599, renumbered item 20 as 17 and added item 18. 1984 - Pub. L. 98-473, title II, Sec. 218(b), 402(b), 1001(b), Oct. 12, 1984, 98 Stat. 2027, 2057, 2136, substituted 'Repealed' for 'Offenses classified' in item 1 and added items 16 and 20. 1970 - Pub. L. 91-375, Sec. 6(j)(1), Aug. 12, 1970, 84 Stat. 777, inserted 'United States' before 'Postal Service' in item 12. 1962 - Pub. L. 87-845, Sec. 3(b), Oct. 18, 1962, 76A Stat. 698, inserted '; definition' in item 14. 1958 - Pub. L. 85-921, Sec. 4, Sept. 2, 1958, 72 Stat. 1771, added item 15. NATIONAL COMMISSION ON REFORM OF FEDERAL CRIMINAL LAWS Pub. L. 89-801, Nov. 8, 1966, 80 Stat. 1516, as amended by Pub. L. 91-39, July 8, 1969, 83 Stat. 44, provided for the establishment of the National Commission on Reform of Federal Criminal Laws, its membership, duties, compensation of the members, the Director, and the staff of the Commission, established the Advisory Committee on Reform of Federal Criminal Laws, required the Commission to submit interim reports to the President and the Congress and to submit a final report within four years from Nov. 8, 1966, and further provided that the Commission shall cease to exist sixty days after the submission of the final report. -EXEC- EX. ORD. NO. 11396. COORDINATION BY ATTORNEY GENERAL OF FEDERAL LAW ENFORCEMENT AND CRIME PREVENTION PROGRAMS Ex. Ord. No. 11396, Feb. 7, 1968, 33 F.R. 2689, provided: WHEREAS the problem of crime in America today presents the Nation with a major challenge calling for maximum law enforcement efforts at every level of Government; WHEREAS coordination of all Federal Criminal law enforcement activities and crime prevention programs is desirable in order to achieve more effective results; WHEREAS the Federal Government has acknowledged the need to provide assistance to State and local law enforcement agencies in the development and administration of programs directed to the prevention and control of crime: WHEREAS to provide such assistance the Congress has authorized various departments and agencies of the Federal Government to develop programs which may benefit State and local efforts directed at the prevention and control of crime, and the coordination of such programs is desirable to develop and administer them most effectively; and WHEREAS the Attorney General, as the chief law officer of the Federal Government, is charged with the responsibility for all prosecutions for violations of the Federal criminal statutes and is authorized under the Law Enforcement Assistance Act of 1965 (79 Stat. 828) (formerly set out as a note preceding section 3001 of this title) to cooperate with and assist State, local, or other public or private agencies in matters relating to law enforcement organization, techniques and practices, and the prevention and control of crime. NOW, THEREFORE, by virtue of the authority vested in the President by the Constitution and laws of the United States, it is ordered as follows: Section 1. The Attorney General is hereby designated to facilitate and coordinate (1) the criminal law enforcement activities and crime prevention programs of all Federal departments and agencies, and (2) the activities of such departments, and agencies relating to the development and implementation of Federal programs which are designed, in whole or in substantial part, to assist State and local law enforcement agencies and crime prevention activities. The Attorney General may promulgate such rules and regulations and take such actions as he shall deem necessary or appropriate to carry out his functions under this Order. Sec. 2. Each Federal department and agency is directed to cooperate with the Attorney General in the performance of his functions under this Order and shall, to the extent permitted by law and within the limits of available funds, furnish him such reports, information, and assistance as he may request. Lyndon B. Johnson. EXECUTIVE ORDER NO. 11534 Ex. Ord. No. 11534, June 4, 1970, 35 F.R. 8865, which related to the National Council on Organized Crime, was revoked by Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees. ------DocID 23786 Document 28 of 1438------ -CITE- 18 USC Sec. 1 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- (Sec. 1. Repealed. Pub. L. 98-473, title II, Sec. 218(a)(1), Oct. 12, 1984, 98 Stat. 2027) -MISC1- EFFECTIVE DATE OF REPEAL; OFFENSES COMMITTED PRIOR TO NOV. 1, 1987 Section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date note under section 3551 of this title, provided that the repeal of this section is effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal. Prior to repeal, this section read as follows: Sec. 1. Offenses classified Notwithstanding any Act of Congress to the contrary: (1) Any offense punishable by death or imprisonment for a term exceeding one year is a felony. (2) Any other offense is a misdemeanor. (3) Any misdemeanor, the penalty for which, as set forth in the provision defining the offense, does not exceed imprisonment for a period of six months or a fine of not more than $5,000 for an individual and $10,000 for a person other than an individual, or both, is a petty offense. (June 25, 1948, ch. 645, 62 Stat. 684; Oct. 30, 1984, Pub. L. 98-596, Sec. 8, 98 Stat. 3138.) SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-647, Sec. 1, Nov. 29, 1990, 104 Stat. 4789, provided that: 'This Act (see Tables for classification) may be cited as the 'Crime Control Act of 1990'.' SHORT TITLE OF 1988 AMENDMENT Pub. L. 100-690, title VII, Sec. 7011, Nov. 18, 1988, 102 Stat. 4395, provided that: 'This subtitle (subtitle B (Sec. 7011-7096) of title VII of Pub. L. 100-690, see Tables for classification) may be cited as the 'Minor and Technical Criminal Law Amendments Act of 1988'.' SHORT TITLE OF 1987 AMENDMENT Pub. L. 100-185, Sec. 1, Dec. 11, 1987, 101 Stat. 1279, provided that: 'This Act (enacting section 19 of this title, amending sections 18, 3013, 3559, 3571, 3572, 3573, 3611, 3612, and 3663 of this title and section 604 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under section 3611 of this title) may be cited as the 'Criminal Fine Improvements Act of 1987'.' SHORT TITLE OF 1986 AMENDMENT Pub. L. 99-646, Sec. 1, Nov. 10, 1986, 100 Stat. 3592, provided that: 'This Act (see Tables for classification) may be cited as the 'Criminal Law and Procedure Technical Amendments Act of 1986'.' SHORT TITLE OF 1984 AMENDMENT Section 200 of title II (Sec. 200-2304) of Pub. L. 98-473 provided that: 'This title (see Tables for classification) may be cited as the 'Comprehensive Crime Control Act of 1984'.' ------DocID 23787 Document 29 of 1438------ -CITE- 18 USC Sec. 2 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 2. Principals -STATUTE- (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. (b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 684; Oct. 31, 1951, ch. 655, Sec. 17b, 65 Stat. 717.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 550 (Mar. 4, 1909, ch. 321, Sec. 332, 35 Stat. 1152). Section 2(a) comprises section 550 of title 18, U.S.C., 1940 ed., without change except in minor matters of phraseology. Section 2(b) is added to permit the deletion from many sections throughout the revision of such phrases as 'causes or procures'. The section as revised makes clear the legislative intent to punish as a principal not only one who directly commits an offense and one who 'aids, abets, counsels, commands, induces or procures' another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the United States. It removes all doubt that one who puts in motion or assists in the illegal enterprise but causes the commission of an indispensable element of the offense by an innocent agent or instrumentality, is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense. This accords with the following decisions: Rothenburg v. United States, 1918, 38 S. Ct. 18, 245 U.S. 480, 62 L. Ed. 414, and United States v. Hodorowicz, C. C. A. Ill. 1939, 105 F. 2d 218, certiorari denied, 60 S. Ct. 108, 308 U.S. 584, 84 L. Ed. 489. United States v. Giles, 1937, 57 S. Ct. 340, 300 U.S. 41, 81 L. Ed. 493, rehearing denied, 57 S. Ct. 505, 300 U.S. 687, 81 L. Ed. 888. AMENDMENTS 1951 - Subsec. (a). Act Oct. 31, 1951, inserted 'punishable as'. Subsec. (b). Act Oct. 31, 1951, inserted 'willfully' before 'causes', and 'or another' after 'him', and substituted 'is punishable as a principal' for 'is also a principal and punishable as such'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1962 of this title; title 21 sections 848, 854; title 49 App. section 1473; title 50 section 422. ------DocID 23788 Document 30 of 1438------ -CITE- 18 USC Sec. 3 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 3. Accessory after the fact -STATUTE- Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact. Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 684; Nov. 10, 1986, Pub. L. 99-646, Sec. 43, 100 Stat. 3601; Nov. 29, 1990, Pub. L. 101-647, title XXXV, Sec. 3502, 104 Stat. 4921.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 551 (Mar. 4, 1909, ch. 321, Sec. 333, 35 Stat. 1152). The first paragraph is new. It is based upon authority of Skelly v. United States (C. C. A. Okl. 1935, 76 F. 2d 483, certiorari denied, 1935, 55 S. Ct. 914, 295 U.S. 757, 79 L. Ed. 1699), where the court defined an accessory after the fact as - one who knowing a felony to have been committed by another, receives, relieves, comforts, or assists the felon in order to hinder the felon's apprehension, trial, or punishment - and cited Jones' Blackstone, books 3 and 4, page 2204; U.S. v. Hartwell (Fed. Cas. No. 15,318); Albritton v. State (32 Fla. 358, 13 So. 955); State v. Davis (14 R. I. 281); Schleeter v. Commonwealth (218 Ky. 72, 290 S. W. 1075). (See also State v. Potter, 1942, 221 N. C. 153, 19 S. E. 2d 257; Hunter v. State, 1935, 128 Tex. Cr. R. 191, 79 S. W. 2d 855; State v. Wells, 1940, 195 La. 754, 197 So. 419.) The second paragraph is from section 551 of title 18, U.S.C., 1940 ed. Here only slight changes were made in phraseology. AMENDMENTS 1990 - Pub. L. 101-647, which directed substitution of '15 years' for '10 years', was executed by making the substitution for 'ten years' in second par. to reflect the probable intent of Congress. 1986 - Pub. L. 99-646 inserted 'life imprisonment or' in second par. ------DocID 23789 Document 31 of 1438------ -CITE- 18 USC Sec. 4 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 4. Misprision of felony -STATUTE- Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined not more than $500 or imprisoned not more than three years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 684.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C. 1940 ed., Sec. 251 (Mar. 4, 1909, ch. 321, Sec. 146, 35 Stat. 1114). Changes in phraseology only. -CROSS- CROSS REFERENCES Concealing escaped prisoners, see section 1072 of this title. Concealing or harboring persons engaged in espionage, see section 792 of this title. Concealing persons from arrest, see section 1071 of this title. Harboring fugitives from justice, see section 1071 et. seq. of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 50 section 422. ------DocID 23790 Document 32 of 1438------ -CITE- 18 USC Sec. 5 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 5. United States defined -STATUTE- The term 'United States', as used in this title in a territorial sense, includes all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 685.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 39, 133, 346, 381, 502, and 632, and section 40 of title 50, U.S.C., 1940 ed., War and National Defense (June 15, 1917, ch. 30, title XIII, Sec. 1, 40 Stat. 231). Section consolidates the first sentence of section 39, all of sections 133, 346, and 632, and the second sentences, respectively, of sections 381 and 502, all of title 18, U.S.C., 1940 ed., and section 40 of title 50, U.S.C., 1940 ed., War and National Defense, with minor changes in phraseology. All of these sections and parts of sections were derived from section 1 of title XIII of said act of June 15, 1917. Said section 40 of title 50, U.S.C., War and National Defense, has also been retained in that title, as it still relates to some sections therein which were not transferred to this title. The remainder of said section 39 of title 18, U.S.C., 1940 ed., which was derived from sections 2, 3, and 4 of title XIII of the act of June 15, 1917, relating to jurisdiction and other matters, is almost entirely obsolete. The provisions still in force are incorporated in section 3241 of this title. The remaining provisions of said sections 381 and 502 of title 18, U.S.C., 1940 ed., which were derived from sources other than said section 1 of title XIII of the act of June 15, 1917, are incorporated in sections 1364 and 2275 of this title. SENATE REVISION AMENDMENT Words, ', except the Canal Zone.', were inserted in this section by Senate amendment. See Senate Report No. 1620, amendment No. 2, 80th Cong. -REFTEXT- REFERENCES IN TEXT For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 112, 878, 1116, 1201 this title. ------DocID 23791 Document 33 of 1438------ -CITE- 18 USC Sec. 6 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 6. Department and agency defined -STATUTE- As used in this title: The term 'department' means one of the executive departments enumerated in section 1 of Title 5, unless the context shows that such term was intended to describe the executive, legislative, or judicial branches of the government. The term 'agency' includes any department, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 685.) -MISC1- HISTORICAL AND REVISION NOTES This section defines the terms 'department' and 'agency' of the United States. The word 'department' appears 57 times in title 18, U.S.C., 1940 ed., and the word 'agency' 14 times. It was considered necessary to define clearly these words in order to avoid possible litigation as to the scope or coverage of a given section containing such words. (See United States v. Germaine, 1878, 99 U.S. 508, 25 L. Ed. 482, for definition of words 'department' or 'head of department.') The phrase 'corporation in which the United States has a proprietary interest' is intended to include those governmental corporations in which stock is not actually issued, as well as those in which stock is owned by the United States. It excludes those corporations in which the interest of the Government is custodial or incidental. -REFTEXT- REFERENCES IN TEXT Section 1 of Title 5, referred to in text, was repealed by Pub. L. 89-554, Sec. 8, Sept. 6, 1966, 80 Stat. 632, and reenacted by the first section thereof as section 101 of Title 5, Government Organization and Employees. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23792 Document 34 of 1438------ -CITE- 18 USC Sec. 7 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 7. Special maritime and territorial jurisdiction of the United States defined -STATUTE- The term 'special maritime and territorial jurisdiction of the United States', as used in this title, includes: (1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. (2) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line. (3) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building. (4) Any island, rock, or key containing deposits of guano, which may, at the discretion of the President, be considered as appertaining to the United States. (5) Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United States, or any State, Territory, district, or possession thereof, while such aircraft is in flight over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. (6) Any vehicle used or designed for flight or navigation in space and on the registry of the United States pursuant to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies and the Convention on Registration of Objects Launched into Outer Space, while that vehicle is in flight, which is from the moment when all external doors are closed on Earth following embarkation until the moment when one such door is opened on Earth for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the vehicle and for persons and property aboard. (7) Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 685; July 12, 1952, ch. 695, 66 Stat. 589; Dec. 21, 1981, Pub. L. 97-96, Sec. 6, 95 Stat. 1210; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 1210, 98 Stat. 2164.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 451 (Mar. 4, 1909, ch. 321, Sec. 272, 35 Stat. 1142; June 11, 1940, ch. 323, 54 Stat. 304). The words 'The term 'special maritime and territorial jurisdiction of the United States' as used in this title includes:' were substituted for the words 'The crimes and offenses defined in sections 451-468 of this title shall be punished as herein prescribed.' This section first appeared in the 1909 Criminal Code. It made it possible to combine in one chapter all the penal provisions covering acts within the admiralty and maritime jurisdiction without the necessity of repeating in each section the places covered. The present section has made possible the allocation of the diverse provisions of chapter 11 of Title 18, U.S.C., 1940 ed., to particular chapters restricted to particular offenses, as contemplated by the alphabetical chapter arrangement. In several revised sections of said chapter 11 the words 'within the special maritime and territorial jurisdiction of the United States' have been added. Thus the jurisdictional limitation will be preserved in all sections of said chapter 11 describing an offense. Enumeration of names of Great Lakes was omitted as unnecessary. Other minor changes were necessary now that the section defines a term rather than the place of commission of crime or offense; however, the extent of the special jurisdiction as originally enacted has been carefully followed. AMENDMENTS 1984 - Par. (7). Pub. L. 98-473 added par. (7). 1981 - Par. (6). Pub. L. 97-96 added par. (6). 1952 - Par. (5). Act July 12, 1952, added par. (5). -CROSS- CROSS REFERENCES Laws of States adopted for areas within Federal jurisdiction, see section 13 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13, 112, 878, 1116, 1201, 2334 of this title; title 15 sections 1175, 1243, 1245; title 16 section 3372; title 49 App. section 1472. ------DocID 23793 Document 35 of 1438------ -CITE- 18 USC Sec. 8 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 8. Obligation or other security of the United States defined -STATUTE- The term 'obligation or other security of the United States' includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 685.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 261 (Mar. 4, 1909, ch. 321, Sec. 147, 35 Stat. 1115; Jan. 27, 1938, ch. 10, Sec. 3, 52 Stat. 7). The terms of this section were general enough to justify its inclusion in this chapter rather than retaining it in the chapter on 'Counterfeiting' where the terms which it specifically defines are set out in sections 471-476, 478, 481, 483, 492, and 504 of this title. Words 'Federal Reserve notes, Federal Reserve bank notes' were inserted before 'coupons' because such notes have almost supplanted national bank currency. Minor changes were made in phraseology. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Connecting parts of different notes, see section 484 of this title. Contraband articles, application to, see section 787 of Title 49, Appendix, Transportation. Dealing in counterfeit obligations or securities, see section 473 of this title. Embezzlement and theft of tools and materials for counterfeiting purposes, see section 642 of this title. Falsely making, forging, counterfeiting or altering obligation or security, see section 471 of this title. Forfeiture of counterfeit paraphernalia, see section 492 of this title. Imitating obligations or securities; advertisements, see section 475 of this title. Plates or stones for counterfeiting obligations or securities, see section 474 of this title. Possessing or selling impressions of tools used for obligations or securities, see section 477 of this title. Taking impressions of tools used for obligations or securities, see section 476 of this title. Transportation, sale or receipt of stolen securities, application to 'obligation or other security of the United States,' see sections 2314, 2315 of this title. Uttering counterfeit obligations or securities, see section 472 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 2024; title 49 App. section 787. ------DocID 23794 Document 36 of 1438------ -CITE- 18 USC Sec. 9 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 9. Vessel of the United States defined -STATUTE- The term 'vessel of the United States', as used in this title, means a vessel belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 685.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 501 (Mar. 4, 1909, ch. 321, Sec. 310, 35 Stat. 1148). Section is made applicable to the entire title rather than to sections 481 et seq. of title 18, U.S.C., 1940 ed. Minor changes in phraseology were made. -CROSS- CROSS REFERENCES Vessel as involving liquor traffic violations, see section 3667 of this title. ------DocID 23795 Document 37 of 1438------ -CITE- 18 USC Sec. 10 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 10. Interstate commerce and foreign commerce defined -STATUTE- The term 'interstate commerce', as used in this title, includes commerce between one State, Territory, Possession, or the District of Columbia and another State, Territory, Possession, or the District of Columbia. The term 'foreign commerce', as used in this title, includes commerce with a foreign country. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 686.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 408, 408b, 414(a), and 419a(b) (Oct. 29, 1919, ch. 89, Sec. 2(b), 41 Stat. 325; June 22, 1932, ch. 271, Sec. 2, 47 Stat. 326; May 18, 1934, ch. 301, 48 Stat. 782; May 22, 1934, ch. 333, Sec. 2(a), 48 Stat. 794; Aug. 18, 1941, ch. 366, Sec. 2(b), 55 Stat. 631). This section consolidates into one section identical definitions contained in sections 408, 408b, 414(a), and 419a(b) of title 18, U.S.C., 1940 ed. In addition to slight improvements in style, the word 'commerce' was substituted for 'transportation' in order to avoid the narrower connotation of the word 'transportation' since 'commerce' obviously includes more than 'transportation.' The word 'Possession' was inserted in two places to make the definition more accurate and comprehensive since the places included in the word 'Possession' would normally be within the term defined and a narrower construction should be handled by express statutory exclusion in those crimes which Congress intends to restrict to commerce within the continental United States. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23796 Document 38 of 1438------ -CITE- 18 USC Sec. 11 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 11. Foreign government defined -STATUTE- The term 'foreign government', as used in this title except in sections 112, 878, 970, 1116, and 1201, includes any government, faction, or body of insurgents within a country with which the United States is at peace, irrespective of recognition by the United States. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 686; Oct. 8, 1976, Pub. L. 94-467, Sec. 11, 90 Stat. 2001.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 98, 288, 349; section 235 of title 22 U.S.C., 1940 ed., Foreign Relations and Intercourse; section 41 of title 50, U.S.C., 1940 ed., War and National Defense (June 15, 1917, ch. 30, title VIII, Sec. 4, 40 Stat. 226). The definition of 'foreign government' contained in this section, with minor changes in phraseology, is from section 4 of title VIII of act June 15, 1917 (Ch. 30, 40 Stat. 217, 226), known as the Espionage Act of 1917. This definition was incorporated in sections 98, 288, and 349 of title 18 and in section 235 of title 22, Foreign Relations and Intercourse, and in section 41 of Title 50, War and National Defense, U.S.C., all in 1940 ed., since the definition was specifically enacted with reference to said sections and others not material here. The remaining provisions of said sections 98 and 349 of title 18, U.S.C., 1940 ed., which were derived from sources other than said section 4 of title VIII of the act of June 15, 1917, are incorporated in sections 502 and 957 of this title. AMENDMENTS 1976 - Pub. L. 94-467 inserted 'except in sections 112, 878, 970, 1116, and 1201' after 'title'. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. FEDERAL RULES OF CRIMINAL PROCEDURE Foreign relations, etc., grounds for issuance of search warrant, see rule 41, Appendix to this title. Subpoena, circumstances and manner of service abroad, see rule 17. Witnesses in foreign country, nonapplicability of rules to proceedings against witness, see rule 54. CROSS REFERENCES Extradition, certification of amounts to be paid by foreign government on account of fees and costs, see section 3195 of this title. Foreign relations generally, see section 951 et seq. of this title. Transportation, sale or receipt of stolen securities, application to obligations of foreign government, see sections 2314, 2315 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23797 Document 39 of 1438------ -CITE- 18 USC Sec. 12 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 12. United States Postal Service defined -STATUTE- As used in this title, the term 'Postal Service' means the United States Postal Service established under title 39, and every officer and employee of that Service, whether or not such officer or employee has taken the oath of office. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 686; Aug. 12, 1970, Pub. L. 91-375, Sec. 6(j)(2), 84 Stat. 777; Nov. 29, 1990, Pub. L. 101-647, title XXXV, Sec. 3505, 104 Stat. 4921.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 301, 360 (Mar. 4, 1909, ch. 321, Sec. 230, 231, 35 Stat. 1134). This section consolidates sections 301 and 360 of title 18, U.S.C., 1940 ed., with necessary changes in phraseology. AMENDMENTS 1990 - Pub. L. 101-647 substituted 'whether or not such officer or employee has taken the oath of office' for 'whether he has taken the oath of office'. 1970 - Pub. L. 91-375 inserted 'United States' before 'Postal Service' in section catchline and substituted in text as definition of 'Postal Service' the United States Postal Service established under title 39, and every officer and employee of that Service, whether he has taken the oath of office, for prior definition which included the Post Office Department and every employee, thereof, whether or not he has taken the oath of office. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. -CROSS- CROSS REFERENCES United States Postal Service, see Title 39, Postal Service. ------DocID 23798 Document 40 of 1438------ -CITE- 18 USC Sec. 13 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 13. Laws of States adopted for areas within Federal jurisdiction -STATUTE- (a) Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment. (b) For purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 686; Nov. 18, 1988, Pub. L. 100-690, title VI, Sec. 6477(a), 102 Stat. 4381.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 468 (Mar. 4, 1909, ch. 321, Sec. 289, 35 Stat. 1145; June 15, 1933, ch. 85, 48 Stat. 152; June 20, 1935, ch. 284, 49 Stat. 394; June 6, 1940, ch. 241, 54 Stat. 234). Act March 4, 1909, Sec. 289 used the words 'now in force' when referring to the laws of any State, organized Territory or district, to be considered in force. As amended on June 15, 1933, the words 'by the laws thereof in force on June 1, 1933, and remaining in force at the time of the doing or omitting the doing of such act or thing, would be penal,' were used. The amendment of June 20, 1935, extended the date to 'April 1, 1935,' and the amendment of June 6, 1940, extended the date to 'February 1, 1940'. The revised section omits the specification of any date as unnecessary in a revision, which speaks from the date of its enactment. Such omission will not only make effective within Federal reservations, the local State laws in force on the date of the enactment of the revision, but will authorize the Federal courts to apply the same measuring stick to such offenses as is applied in the adjoining State under future changes of the State law and will make unnecessary periodic pro forma amendments of this section to keep abreast of changes of local laws. In other words, the revised section makes applicable to offenses committed on such reservations, the law of the place that would govern if the reservation had not been ceded to the United States. The word 'Possession' was inserted to clarify scope of section. Minor changes were made in phraseology. AMENDMENTS 1988 - Pub. L. 100-690 designated existing provisions as subsec. (a) and added subsec. (b). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3013, 3551 of this title. ------DocID 23799 Document 41 of 1438------ -CITE- 18 USC Sec. 14 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 14. Applicability to Canal Zone; definition -STATUTE- (a) In addition to the sections of this title which by their terms apply to and within the Canal Zone, the following sections of this title, as amended from time to time, apply to and within the Canal Zone: 6, 8, 11, 45, (FOOTNOTE 1) 201, 202, 203, 205, 207, 208, 209, 210, 211, 218, 287, 331, 371, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 498, 499, 505, 506, 507, 508, 509, 594, 595, 598, 600, 601, 604, 605, 608, (FOOTNOTE 1) 611, (FOOTNOTE 1) 612, (FOOTNOTE 1) 703, 752, 755, 756, 792, 793, 794, 795, 796, 797, 798, 798A, 799, 915, 917, 951, 953, 954, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 966, 967, 1001, 1017, 1024, 1073, 1301, 1364, 1381, 1382, 1542, 1543, 1544, 1546, 1584, 1621, 1622, 1761, 1821, 1991, 2151, 2152, 2153, 2154, 2155, 2156, 2157, 2199, 2231, 2234, 2235, 2274, 2275, 2277, 2381, 2382, 2383, 2384, 2385, 2387, 2388, 2389, 2390, 2421, 2422, 2423, 2424, 3042, 3059, 3105, 3109, 3187, 3195, 3500. (FOOTNOTE 1) See References in Text note below. (b) The term 'Canal Zone', as used in the sections of this title which by their terms apply to and within the Canal Zone, and as used in subsection (a) of this section, includes the area designated as the Canal Zone by sections 1 and 2 of Title 2, Canal Zone Code; and it also includes the corridor over which the United States of America exercises jurisdiction pursuant to the provisions of Article IX of the General Treaty of Friendship and Cooperation between the United States of America and the Republic of Panama, signed March 2, 1936, to the extent that the application, to the corridor, of the sections mentioned in this subsection, and of those specified in subsection (a) of this section, is consistent with the nature of the rights of the United States in the corridor as provided by treaty. (c) The definitions of the terms prescribed by sections 5 and 10, or other sections of this title, are modified to effectuate the applicability of the sections enumerated by subsection (a) of this section to and within the Canal Zone. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 686; Aug. 5, 1953, ch. 325, 67 Stat. 366; Oct. 18, 1962, Pub. L. 87-845, Sec. 3(a), 76A Stat. 698; June 22, 1968, Pub. L. 90-357, Sec. 59, 82 Stat. 248; Nov. 29, 1990, Pub. L. 101-647, title XXXV, Sec. 3519(c), 104 Stat. 4923.) -MISC1- SENATE REVISION AMENDMENT This amendment, adding a new section 14, together with amended section 5 will clarify the applicability of Federal criminal statutes within the Canal Zone. It was particularly desired by the Governor of the Canal Zone and the compiler of the Canal Zone Code. The Governor of the Canal Zone, in a letter dated September 22, 1945, and filed with the House Judiciary Committee, advised: 'General criminal laws of the United States are now applicable to the Canal Zone only if applicability is indicated by language expressly referring to the Canal Zone, or to possessions of the United States, or to territory subject to the jurisdiction of the United States, etc. * * * The bill in its present form would have undesirable effects insofar as concerns the continued operation of the Canal Zone Criminal Code and Code of Criminal Procedure, established by Congress as titles 5 and 6 of the Canal Zone Code, enacted by act of June 19, 1934 (ch. 667, 48 Stat. 1122), and also would perhaps have undesirable effects insofar as concerns the continued applicability to the Canal Zone of the body of general criminal laws which are now applicable.' -REFTEXT- REFERENCES IN TEXT For definition of Canal Zone and Canal Zone Code, referred to in text, see sections 3602(b) and 3602 note of Title 22, Foreign Relations and Intercourse. Among the sections of this title, referred to in text, as being by their terms applicable to and within the Canal Zone are: section 1261 making Liquor Traffic provisions of sections 1261 to 1265 inapplicable to Canal Zone; section 3183, relating to extradition of fugitives from state, territory or possession into Canal Zone: sections 3241 relating to jurisdiction of offenses under certain sections: sections 3771 and 3772, relating to power of Supreme Court to prescribe rules of procedure in a criminal case to and including the verdict and after the verdict. Section 45 of this title, referred to in subsec. (a), was repealed by Pub. L. 101-647, title XII, Sec. 1206(a), Nov. 29, 1990, 104 Stat. 4832. Sections 608, 611, and 612 of this title, referred to in subsec. (a), were repealed by Pub. L. 94-283, title II, Sec. 201(a), May 11, 1976, 90 Stat. 496. -MISC2- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-647 substituted '798, 798A, 799' for '798, as added by section 24(a) of the Act of October 31, 1951 (chapter 655, 65 Stat. 719), 798, as added by section 4 of the Act of June 30, 1953 (chapter 175, 67 Stat. 133), 799'. 1968 - Subsec. (a). Pub. L. 90-357 inserted ', as amended from time to time,' after 'title' and before 'apply', included references in sections 203, 205, 207, 208, 209, 210, 211, and 218, and struck out reference to section 1914. 1962 - Pub. L. 87-845 inserted '; definition' in section catchline, designated existing provisions of section as subsec. (a) and included references to sections 45, 201, 202, 287, 471, 473, 475, 476, 477, 484, 486, 487, 490 to 498, 505, 507 to 509, 752, 755, 798 as added by act of Oct. 31, 1951, 798 as added by act of June 30, 1953, 799, 1001, 1024, 1381, 1991, 2157, 2381 to 2383, 2387, 3042, 3187 and 3195, struck out references to sections 502, 791 and 1362, and added subsecs. (b) and (c). 1953 - Act Aug. 5, 1953, inserted '1362' after '1301'. EFFECTIVE DATE OF 1962 AMENDMENT Section 25 of Pub. L. 87-845 provided that: 'This Act (enacting section 4210 of this title and section 858 of Title 50, War and National Defense, and amending this section, section 1934 of Title 22, Foreign Relations and Intercourse, section 196 of Title 24, Hospitals and Asylums, sections 414, 547, 1404, and 1406 of Title 28, Judiciary and Judicial Procedure, and sections 191a and 191b of Title 50) takes effect January 2, 1963. Laws enacted after January 9, 1962, that are inconsistent with this Act, supersede it to the extent of the inconsistency.' -CROSS- FEDERAL RULES OF CRIMINAL PROCEDURE Applicability of rules, see rule 54, Appendix to this title. CROSS REFERENCES Extradition of fugitives from Canal Zone into extraterritorial jurisdiction of United States, see section 3183 of this title. Liquor traffic provisions inapplicable to Canal Zone, see section 1261 of this title. Term United States as not including Canal Zone, see section 5 of this title. ------DocID 23800 Document 42 of 1438------ -CITE- 18 USC Sec. 15 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 15. Obligation or other security of foreign government defined -STATUTE- The term 'obligation or other security of any foreign government' includes, but is not limited to, uncanceled stamps, whether or not demonetized. -SOURCE- (Added Pub. L. 85-921, Sec. 3, Sept. 2, 1958, 72 Stat. 1771.) ------DocID 23801 Document 43 of 1438------ -CITE- 18 USC Sec. 16 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 16. Crime of violence defined -STATUTE- The term 'crime of violence' means - (a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 1001(a), Oct. 12, 1984, 98 Stat. 2136.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 8 section 1101; title 20 section 1232g; title 40 section 212a. ------DocID 23802 Document 44 of 1438------ -CITE- 18 USC Sec. 17 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 17. Insanity defense -STATUTE- (a) Affirmative Defense. - It is an affirmative defense to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense. (b) Burden of Proof. - The defendant has the burden of proving the defense of insanity by clear and convincing evidence. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 402(a), Oct. 12, 1984, 98 Stat. 2057, Sec. 20, and renumbered Sec. 17, Pub. L. 99-646, Sec. 34(a), Nov. 10, 1986, 100 Stat. 3599.) ------DocID 7782 Document 45 of 1438------ -CITE- 3 USC Sec. 18 -EXPCITE- TITLE 3 CHAPTER 1 -HEAD- Sec. 18. Same; parliamentary procedure at joint meeting -STATUTE- While the two Houses shall be in meeting as provided in this chapter, the President of the Senate shall have power to preserve order; and no debate shall be allowed and no question shall be put by the presiding officer except to either House on a motion to withdraw. -SOURCE- (June 25, 1948, ch. 644, 62 Stat. 676; Sept. 3, 1954, ch. 1263, Sec. 3, 68 Stat. 1227.) -MISC1- AMENDMENTS 1954 - Act Sept. 3, 1954, substituted 'chapter' for 'subchapter'. ------DocID 23804 Document 46 of 1438------ -CITE- 18 USC Sec. 19 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 19. Petty offense defined -STATUTE- As used in this title, the term 'petty offense' means a Class B misdemeanor, a Class C misdemeanor, or an infraction, for which the maximum fine is no greater than the amount set forth for such an offense in section 3571(b)(6) or (7) in the case of an individual or section 3571(c)(6) or (7) in the case of an organization. -SOURCE- (Added Pub. L. 100-185, Sec. 4(a), Dec. 11, 1987, 101 Stat. 1279, and amended Pub. L. 100-690, title VII, Sec. 7089(a), Nov. 18, 1988, 102 Stat. 4409.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-690 inserted ', for which the maximum fine is no greater than the amount set forth for such an offense in section 3571(b)(6) or (7) in the case of an individual or section 3571(c)(6) or (7) in the case of an organization' after 'infraction'. ------DocID 23805 Document 47 of 1438------ -CITE- 18 USC Sec. 20 -EXPCITE- TITLE 18 PART I CHAPTER 1 -HEAD- Sec. 20. Financial institution defined -STATUTE- As used in this title, the term 'financial institution' means - (1) an insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act); (2) a credit union with accounts insured by the National Credit Union Share Insurance Fund; (3) a Federal home loan bank or a member, as defined in section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422), of the Federal home loan bank system; (4) a System institution of the Farm Credit System, as defined in section 5.35(3) of the Farm Credit Act of 1971; (5) a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662); (6) a depository institution holding company (as defined in section 3(w)(1) of the Federal Deposit Insurance Act; (7) a Federal Reserve bank or a member bank of the Federal Reserve System; (8) an organization operating under section 25 or section 25(a) of the Federal Reserve Act; or (9) a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978). -SOURCE- (Added Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 1107(a), 98 Stat. 2145, Sec. 215(b); amended Aug. 4, 1986, Pub. L. 99-370, Sec. 2, 100 Stat. 779; renumbered Sec. 20 and amended Aug. 9, 1989, Pub. L. 101-73, title IX, Sec. 962(e)(1), (2), 103 Stat. 503; Nov. 29, 1990, Pub. L. 101-647, title XXV, Sec. 2597(a), 104 Stat. 4908.) -REFTEXT- REFERENCES IN TEXT Section 3 of the Federal Deposit Insurance Act, referred to in pars. (1) and (6), is classified to section 1813 of Title 12, Banks and Banking. Section 5.35(3) of the Farm Credit Act of 1971, referred to in par. (4), is classified to section 2271(3) of Title 12. Section 25 of the Federal Reserve Act, referred to in par. (8), is classified to subchapter I (Sec. 601 et seq.) of chapter 6 of Title 12. Section 25(a) of the Federal Reserve Act is classified to subchapter II (Sec. 611 et seq.) of chapter 6 of Title 12. Section 1(b) of the International Banking Act of 1978, referred to in par. (9), is classified to section 3101 of Title 12. -MISC2- PRIOR PROVISIONS A prior section 20 was renumbered section 17 of this title. AMENDMENTS 1990 - Pars. (7) to (9). Pub. L. 101-647 added pars. (7) to (9). 1989 - Pub. L. 101-73, Sec. 962(e)(1), (2)(A)-(C), redesignated subsec. (b) of section 215 of this title as this section, inserted section catchline, struck out subsec. (b) designation before 'As used', and substituted 'used in this title' for 'used in this section'. Par. (1). Pub. L. 101-73, Sec. 962(e)(2)(D), amended par. (1) generally. Prior to amendment, par. (1) read as follows: 'a bank with deposits insured by the Federal Deposit Insurance Corporation;'. Par. (2). Pub. L. 101-73, Sec. 962(e)(2)(E), (H), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: 'an institution with accounts insured by the Federal Savings and Loan Insurance Corporation;'. Par. (3). Pub. L. 101-73, Sec. 962(e)(2)(H), redesignated par. (4) as (3). Former par. (3) redesignated (2). Par. (4). Pub. L. 101-73, Sec. 962(e)(2)(F), (H), redesignated par. (5) as (4) and amended it generally. Prior to amendment, par. (4) read as follows: 'a Federal land bank, Federal intermediate credit bank, bank for cooperatives, production credit association, and Federal land bank association;'. Former par. (4) redesignated (3). Par. (5). Pub. L. 101-73, Sec. 962(e)(2)(H), redesignated par. (6) as (5). Former par. (5) redesignated (4). Pars. (6), (7). Pub. L. 101-73, Sec. 962(e)(2)(G), (H), redesignated par. (7) as (6) and amended it generally. Prior to amendment, par. (6) read as follows: 'a bank holding company as defined in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841); or'. Former par. (6) redesignated (5). Par. (8). Pub. L. 101-73, Sec. 962(e)(2)(E), struck out par. (8) which read as follows: 'a savings and loan holding company as defined in section 408 of the National Housing Act (12 U.S.C. 1730a).' 1986 - Pub. L. 99-370 amended subsec. (b) (formerly Sec. 215(b)) generally expanding provisions formerly contained in subsec. (c) (former Sec. 215(c)) defining 'financial institution'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 656, 1005 of this title; title 12 section 1829. ------DocID 23806 Document 48 of 1438------ -CITE- 18 USC CHAPTER 2 -EXPCITE- TITLE 18 PART I CHAPTER 2 -HEAD- CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES -MISC1- Sec. 31. Definitions. 32. Destruction of aircraft or aircraft facilities. 33. Destruction of motor vehicles or motor vehicle facilities. 34. Penalty when death results. 35. Imparting or conveying false information. ------DocID 23807 Document 49 of 1438------ -CITE- 18 USC Sec. 31 -EXPCITE- TITLE 18 PART I CHAPTER 2 -HEAD- Sec. 31. Definitions -STATUTE- When used in this chapter the term - 'Aircraft engine', 'air navigation facility', 'appliance', 'civil aircraft', 'foreign air commerce', 'interstate air commerce', 'landing area', 'overseas air commerce', 'propeller', 'spare part' and 'special aircraft jurisdiction of the United States' shall have the meaning ascribed to those terms in the Federal Aviation Act of 1958, as amended. 'Motor vehicle' means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo; 'Destructive substance' means any explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or matter of a combustible, contaminative, corrosive, or explosive nature; 'Used for commercial purposes' means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit; 'In flight' means any time from the moment all the external doors of an aircraft are closed following embarkation until the moment when any such door is opened for disembarkation. In the case of a forced landing the flight shall be deemed to continue until competent authorities take over the responsibility for the aircraft and the persons and property on board; and 'In service' means any time from the beginning of preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight. -SOURCE- (Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 538, and amended Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 1010, 2013(a), 98 Stat. 2141, 2187; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7015, 102 Stat. 4395.) -REFTEXT- REFERENCES IN TEXT The Federal Aviation Act of 1958, referred to in text, is Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, which is classified principally to chapter 20 (Sec. 1301 et seq.) of Title 49, Appendix, Transportation. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 49, Appendix, and Tables. -MISC2- AMENDMENTS 1988 - Pub. L. 100-690 substituted 'door is opened' for 'door in opened' in definition of 'in flight'. 1984 - Pub. L. 98-473, Sec. 2013(a)(1), in first par. struck out 'and' before 'spare part', inserted 'and 'special aircraft jurisdiction of the United States' ', and substituted 'Federal Aviation Act of 1958' for 'Civil Aeronautics Act of 1938'. Pub. L. 98-473, Sec. 1010, substituted 'passengers and property, or property or cargo' for 'or passengers and property' in definition of motor vehicle. Pub. L. 98-473, Sec. 2013(a)(2)-(4), inserted definitions of 'in flight' and 'in service'. EFFECTIVE DATE OF 1984 AMENDMENT Section 2015 of part B (Sec. 2011-2015) of chapter XX of title II of Pub. L. 98-473 provided that: 'This part (see Short Title of 1984 Amendment note below) shall become effective on the date of the enactment of this joint resolution (Oct. 12, 1984).' SHORT TITLE OF 1984 AMENDMENT Section 2011 of part B (Sec. 2011-2015) of chapter XX of title II of Pub. L. 98-473 provided that: 'This part (amending this section, section 32 of this title, and sections 1301, 1471, and 1472 of Title 49, Appendix, Transportation, and enacting provisions set out as notes under this section) may be cited as the 'Aircraft Sabotage Act'.' STATEMENT OF FINDINGS AND PURPOSE FOR 1984 AMENDMENT Section 2012 of part B (Sec. 2011-2015) of chapter XX of title II of Pub. L. 98-473 provided that: 'The Congress hereby finds that - '(1) the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (ratified by the United States on November 1, 1972) requires each contracting State to establish its jurisdiction over certain offenses affecting the safety of civil aviation; '(2) such offenses place innocent lives in jeopardy, endanger national security, affect domestic tranquility, gravely affect interstate and foreign commerce, and are offenses against the law of nations; and '(3) the purpose of this subtitle (part, see Short Title note above) is to implement fully the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation and to expand the protection accorded to aircraft and related facilities.' ------DocID 23808 Document 50 of 1438------ -CITE- 18 USC Sec. 32 -EXPCITE- TITLE 18 PART I CHAPTER 2 -HEAD- Sec. 32. Destruction of aircraft or aircraft facilities -STATUTE- (a) Whoever willfully - (1) sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce; (2) places or causes to be placed a destructive device or substance in, upon, or in proximity to, or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use, any such aircraft, or any part or other materials used or intended to be used in connection with the operation of such aircraft, if such placing or causing to be placed or such making or causing to be made is likely to endanger the safety of any such aircraft; (3) sets fire to, damages, destroys, or disables any air navigation facility, or interferes by force or violence with the operation of such facility, if such fire, damaging, destroying, disabling, or interfering is likely to endanger the safety of any such aircraft in flight; (4) with the intent to damage, destroy, or disable any such aircraft, sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or in proximity to, any appliance or structure, ramp, landing area, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading or storage of any such aircraft or any cargo carried or intended to be carried on any such aircraft; (5) performs an act of violence against or incapacitates any individual on any such aircraft, if such act of violence or incapacitation is likely to endanger the safety of such aircraft; (6) communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safety of any such aircraft in flight; or (7) attempts to do anything prohibited under paragraphs (1) through (6) of this subsection; shall be fined not more than $100,000 or imprisoned not more than twenty years or both. (b) Whoever willfully - (1) performs an act of violence against any individual on board any civil aircraft registered in a country other than the United States while such aircraft is in flight, if such act is likely to endanger the safety of that aircraft; (2) destroys a civil aircraft registered in a country other than the United States while such aircraft is in service or causes damage to such an aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft's safety in flight; (3) places or causes to be placed on a civil aircraft registered in a country other than the United States while such aircraft is in service, a device or substance which is likely to destroy that aircraft, or to cause damage to that aircraft which renders that aircraft incapable of flight or which is likely to endanger that aircraft's safety in flight; or (4) attempts to commit an offense described in paragraphs (1) through (3) of this subsection; shall, if the offender is later found in the United States, be fined not more than $100,000 or imprisoned not more than twenty years, or both. (c) Whoever willfully imparts or conveys any threat to do an act which would violate any of paragraphs (1) through (5) of subsection (a) or any of paragraphs (1) through (3) of subsection (b) of this section, with an apparent determination and will to carry the threat into execution shall be fined not more than $25,000 or imprisoned not more than five years, or both. -SOURCE- (Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 539, and amended Oct. 12. 1984, Pub. L. 98-473, title II, Sec. 2013(b), 98 Stat. 2187; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7016, 102 Stat. 4395.) -MISC1- AMENDMENTS 1988 - Subsec. (a)(3). Pub. L. 100-690 substituted 'interfering' for 'intefering'. 1984 - Pub. L. 98-473 amended section generally. Prior to amendment section read as follows: 'Whoever willfully sets fire to, damages, destroys, disables, or wrecks any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce; or 'Whoever willfully sets fire to, damages, destroys, disables, or wrecks any aircraft engine, propeller, appliance, or spare part with intent to damage, destroy, disable, or wreck any such aircraft; or 'Whoever, with like intent, willfully places or causes to be placed any destructive substance in, upon, or in proximity to any such aircraft, or any aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, or other material used or intended to be used in connection with the operation of any such aircraft, or any cargo carried or intended to be carried on any such aircraft, or otherwise makes or causes to be made any such aircraft, aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, or other material unworkable or unusable or hazardous to work or use; or 'Whoever, with like intent, willfully sets fire to, damages, destroys, disables, or wrecks, or places or causes to be placed any destructive substance in, upon, or in proximity to any shop, supply, structure, station, depot, terminal, hanger, ramp, landing area, air-navigation facility or other facility, warehouse, property, machine, or apparatus used or intended to be used in connection with the operation, loading, or unloading of any such aircraft or making any such aircraft ready for flight, or otherwise makes or causes to be made any such shop, supply, structure, station, depot, terminal, hangar, ramp, landing area, air-navigation facility or other facility, warehouse, property, machine, or apparatus unworkable or unusable or hazardous to work or use; or 'Whoever, with like intent, willfully incapacitates any member of the crew of any such aircraft; or 'Whoever willfully attempts to do any of the aforesaid acts or things - 'shall be fined not more than $10,000 or imprisoned not more than twenty years, or both.' EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 2015 of Pub. L. 98-473, set out as a note under section 31 of this title. -CROSS- CROSS REFERENCES Destruction of property moving in commerce, see sections 1281 and 1282 of Title 15, Commerce and Trade. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2516, 5032 of this title; title 49 App. section 1357. ------DocID 23809 Document 51 of 1438------ -CITE- 18 USC Sec. 33 -EXPCITE- TITLE 18 PART I CHAPTER 2 -HEAD- Sec. 33. Destruction of motor vehicles or motor vehicle facilities -STATUTE- Whoever willfully, with intent to endanger the safety of any person on board or anyone who he believes will board the same, or with a reckless disregard for the safety of human life, damages, disables, destroys, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in proximity to, any motor vehicle which is used, operated, or employed in interstate or foreign commerce, or its cargo or material used or intended to be used in connection with its operation; or Whoever willfully, with like intent, damages, disables, destroys, sets fire to, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in proximity to any garage, terminal, structure, supply, or facility used in the operation of, or in support of the operation of, motor vehicles engaged in interstate or foreign commerce or otherwise makes or causes such property to be made unworkable, unusable, or hazardous to work or use; or Whoever, with like intent, willfully disables or incapacitates any driver or person employed in connection with the operation or maintenance of the motor vehicle, or in any way lessens the ability of such person to perform his duties as such; or Whoever willfully attempts to do any of the aforesaid acts - shall be fined not more than $10,000 or imprisoned not more than twenty years, or both. -SOURCE- (Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 540.) -CROSS- CROSS REFERENCES Destruction of property moving in commerce, see sections 1281 and 1282 of Title 15, Commerce and Trade. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2516 of this title. ------DocID 23810 Document 52 of 1438------ -CITE- 18 USC Sec. 34 -EXPCITE- TITLE 18 PART I CHAPTER 2 -HEAD- Sec. 34. Penalty when death results -STATUTE- Whoever is convicted of any crime prohibited by this chapter, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life, if the jury shall in its discretion so direct, or, in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in its discretion shall so order. -SOURCE- (Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 540.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 844 of this title. ------DocID 23811 Document 53 of 1438------ -CITE- 18 USC Sec. 35 -EXPCITE- TITLE 18 PART I CHAPTER 2 -HEAD- Sec. 35. Imparting or conveying false information -STATUTE- (a) Whoever imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title shall be subject to a civil penalty of not more than $1,000 which shall be recoverable in a civil action brought in the name of the United States. (b) Whoever willfully and maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or chapter 97 or chapter 111 of this title - shall be fined not more than $5,000, or imprisoned not more than five years, or both. -SOURCE- (Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 540, and amended Oct. 3, 1961, Pub. L. 87-338, 75 Stat. 751; July 7, 1965, Pub. L. 89-64, 79 Stat. 210.) -MISC1- AMENDMENTS 1965 - Subsec. (a). Pub. L. 89-64 substituted 'subject to a civil penalty of not more than $1,000 which shall be recoverable in a civil action brought in the name of the United States' for 'fined not more than $1,000, or imprisoned not more than one year, or both'. 1961 - Pub. L. 87-338 designated existing provisions as subsec. (a), struck out 'willfully' before 'imparts or conveys', and added subsec. (b). ------DocID 23812 Document 54 of 1438------ -CITE- 18 USC CHAPTER 3 -EXPCITE- TITLE 18 PART I CHAPTER 3 -HEAD- CHAPTER 3 - ANIMALS, BIRDS, FISH, AND PLANTS -MISC1- Sec. 41. Hunting, fishing, trapping; disturbance or injury on wildlife refuges. 42. Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations. (43 to 45. Repealed.) 46. Transportation of water hyacinths. 47. Use of aircraft or motor vehicles to hunt certain wild horses or burros; pollution of watering holes. HISTORICAL AND REVISION NOTES The criminal provisions of the Migratory Bird Treaty Act, sections 703-711 of title 16, U.S.C., 1940 ed., Conservation, and the Migratory Bird Conservation Act, sections 715-715r of title 16, U.S.C., 1940 ed., Conservation, were considered for inclusion in this chapter. Since these provisions, except parts of sections 704-707 of said title 16, are so inextricably interwoven with the Migratory Bird Acts, it was found advisable to exclude them. AMENDMENTS 1990 - Pub. L. 101-647, title XII, Sec. 1206(b), title XXXV, Sec. 3506, Nov. 29, 1990, 104 Stat. 4832, 4922, substituted 'Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations' for 'Importation of injurious animals and birds; permits; specimens for museums' in item 42, struck out item 43 'Transportation or importation in violation of state, national, or foreign laws', item 44 'Marking packages or containers', and item 45 'Capturing or killing carrier pigeons', and inserted '; pollution of watering holes' after 'burros' in item 47. 1959 - Pub. L. 86-234, Sec. 1(b), Sept. 8, 1959, 73 Stat. 470, added item 47. 1956 - Act Aug. 1, 1956, ch. 825, Sec. 2(b), 70 Stat. 798, amended chapter heading to include reference to 'Plants' and added item 46. ------DocID 23813 Document 55 of 1438------ -CITE- 18 USC Sec. 41 -EXPCITE- TITLE 18 PART I CHAPTER 3 -HEAD- Sec. 41. Hunting, fishing, trapping; disturbance or injury on wildlife refuges -STATUTE- Whoever, except in compliance with rules and regulations promulgated by authority of law, hunts, traps, captures, willfully disturbs or kills any bird, fish, or wild animal of any kind whatever, or takes or destroys the eggs or nest of any such bird or fish, on any lands or waters which are set apart or reserved as sanctuaries, refuges or breeding grounds for such birds, fish, or animals under any law of the United States or willfully injures, molests, or destroys any property of the United States on any such lands or waters, shall be fined not more than $500 or imprisoned not more than six months, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 686.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 145 and Sec. 676, 682, 683, 685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940 ed., Conservation (Jan. 24, 1905, ch. 137, Sec. 2, 33 Stat. 614; June 29, 1906, ch. 3593, Sec. 2, 34 Stat. 607; Mar. 4, 1909, ch. 321, Sec. 84, 35 Stat. 1104; Aug. 11, 1916, ch. 313, 39 Stat. 476; June 5, 1920, ch. 247, Sec. 2, 41 Stat. 986; Apr. 15, 1924, ch. 108, 43 Stat. 98; Feb. 28, 1925, ch. 376, 43 Stat. 1091; July 3, 1926, ch. 744, Sec. 6, 44 Stat. 821; July 3, 1926, ch. 776, Sec. 3, 44 Stat. 889; June 28, 1930, ch. 709, Sec. 2, 46 Stat. 828; Mar. 10, 1934, ch. 54, Sec. 2, 48 Stat. 400; Reorg. Plan No. II, Sec. 4(f), 4 F.R. 2731, 53 Stat. 1433). This revised section condenses, consolidates, and simplifies similar provisions of sections 676, 682, 683, 685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940 ed., with section 145 of title 18, U.S.C., 1940 ed., with such changes of phraseology as make clear the intent of Congress to protect all wildlife within Federal sanctuaries, refuges, fish hatcheries, and breeding grounds. Irrelevant provisions of such sections in title 16 are to be retained in that title. Because of the general nature of this consolidated section, no specific reference is made to rules and regulations issued by the Secretary of the Interior or any other personage, but only to rules and regulations 'promulgated by authority of law'. The punishment provided by the sections consolidated varied from a fine not exceeding $100 or imprisonment not exceeding 6 months, or both, in section 694a of title 16, U.S.C., 1940 ed., to a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both, in sections 676, 685, and 688 of such title 16. The revised section adopts the punishment provisions of the other five sections. The references to 'misdemeanor' in sections 676, 685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940 ed., were omitted as unnecessary in view of definition of 'misdemeanor' in section 1 of this title, and also to conform with policy followed by codifiers of the 1909 Criminal Code, as stated in Senate Report 10, part 1, pages 12, 13, 14, Sixtieth Congress, first session, to accompany S. 2982. Words 'upon conviction', contained in sections 676, 685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940 ed., were omitted as surplusage, because punishment can be imposed only after conviction. Words 'in any United States court of competent jurisdiction', in sections 676, 685, and 688 of title 16, U.S.C., 1940 ed., words 'in any United States court', in sections 689b, 692a, and 694a of such title 16, and words 'in the discretion of the court', in said sections 676, 685, 688, and 689b, were likewise omitted as surplusage. -CROSS- CROSS REFERENCES Game and bird preserves, see section 671 et seq. of Title 16, Conservation. Protection of migratory game and birds, see section 701 et seq. of Title 16. ------DocID 23814 Document 56 of 1438------ -CITE- 18 USC Sec. 42 -EXPCITE- TITLE 18 PART I CHAPTER 3 -HEAD- Sec. 42. Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations -STATUTE- (a)(1) The importation into the United States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of the species Herpestes auropunctatus; of the species of so-called 'flying foxes' or fruit bats of the genus Pteropus; of the zebra mussel of the species Dreissena polymorpha; and such other species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, or the offspring or eggs of any of the foregoing which the Secretary of the Interior may prescribe by regulation to be injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, is hereby prohibited. All such prohibited mammals, birds, fish (including mollusks and crustacea), amphibians, and reptiles, and the eggs or offspring therefrom, shall be promptly exported or destroyed at the expense of the importer or consignee. Nothing in this section shall be construed to repeal or modify any provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act. Also, this section shall not authorize any action with respect to the importation of any plant pest as defined in the Federal Plant Pest Act, insofar as such importation is subject to regulation under that Act. (2) As used in this subsection, the term 'wild' relates to any creatures that, whether or not raised in captivity, normally are found in a wild state; and the terms 'wildlife' and 'wildlife resources' include those resources that comprise wild mammals, wild birds, fish (including mollusks and crustacea), and all other classes of wild creatures whatsoever, and all types of aquatic and land vegetation upon which such wildlife resources are dependent. (3) Notwithstanding the foregoing, the Secretary of the Interior, when he finds that there has been a proper showing of responsibility and continued protection of the public interest and health, shall permit the importation for zoological, educational, medical, and scientific purposes of any mammals, birds, fish, (including mollusks and crustacea), amphibia, and reptiles, or the offspring or eggs thereof, where such importation would be prohibited otherwise by or pursuant to this Act, and this Act shall not restrict importations by Federal agencies for their own use. (4) Nothing in this subsection shall restrict the importation of dead natural-history specimens for museums or for scientific collections, or the importation of domesticated canaries, parrots (including all other species of psittacine birds), or such other cage birds as the Secretary of the Interior may designate. (5) The Secretary of the Treasury and the Secretary of the Interior shall enforce the provisions of this subsection, including any regulations issued hereunder, and, if requested by the Secretary of the Interior, the Secretary of the Treasury may require the furnishing of an appropriate bond when desirable to insure compliance with such provisions. (b) Whoever violates this section, or any regulation issued pursuant thereto, shall be fined not more than $500 or imprisoned not more than six months, or both. (c) The Secretary of the Interior within one hundred and eighty days of the enactment of the Lacey Act Amendments of 1981 shall prescribe such requirements and issue such permits as he may deem necessary for the transportation of wild animals and birds under humane and healthful conditions, and it shall be unlawful for any person, including any importer, knowingly to cause or permit any wild animal or bird to be transported to the United States, or any Territory or district thereof, under inhumane or unhealthful conditions or in violation of such requirements. In any criminal prosecution for violation of this subsection and in any administrative proceeding for the suspension of the issuance of further permits - (1) the condition of any vessel or conveyance, or the enclosures in which wild animals or birds are confined therein, upon its arrival in the United States, or any Territory or district thereof, shall constitute relevant evidence in determining whether the provisions of this subsection have been violated; and (2) the presence in such vessel or conveyance at such time of a substantial ratio of dead, crippled, diseased, or starving wild animals or birds shall be deemed prima facie evidence of the violation of the provisions of this subsection. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 687; May 24, 1949, ch. 139, Sec. 2, 63 Stat. 89; Sept. 2, 1960, Pub. L. 86-702, Sec. 1, 74 Stat. 753; Nov. 16, 1981, Pub. L. 97-79, Sec. 9(d), 95 Stat. 1079; Nov. 29, 1990, Pub. L. 101-646, title I, Sec. 1208, 104 Stat. 4772.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., Sec. 391, 394 (Mar. 4, 1909, ch. 321, Sec. 241, 244, 35 Stat. 1137, 1138; June 15, 1935, ch. 261, title II, Sec. 201, 49 Stat. 381; Reorg. Plan No. II, Sec. 4(f), 4 F.R. 2731, 53 Stat. 1433). This section consolidates the provisions of sections 391 and 394 of title 18, U.S.C., 1940 ed., as subsections (a) and (b), respectively. In subsection (a) the words 'Territory or District thereof' were omitted as unnecessary in view of the definition of the United States in section 5 of this title. In subsection (b) the words 'upon conviction thereof', were omitted as surplusage because punishment can only be imposed after conviction. The amount of the fine was reduced from $1,000 to $500, thus making the violation a petty offense as defined in section 1 of this title. (See also section 41 of this title which provides a similar punishment.) Minor verbal changes were also made. 1949 ACT This section (section 2) incorporates in section 42 of title 18, U.S.C., with slight changes in phraseology, the provisions of act of June 29, 1948 (ch. 716, 62 Stat. 1096), which became law subsequent to the enactment of the revision of title 18. -REFTEXT- REFERENCES IN TEXT The Public Health Service Act, referred to in subsec. (a)(1), is act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is classified generally to chapter 6A (Sec. 201 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables. The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a)(1), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is classified generally to chapter 9 (Sec. 301 et seq.) of Title 21, Foods and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables. The Federal Plant Pest Act, referred to in subsec. (a)(1), is Pub. L. 85-36, title I, May 23, 1957, 71 Stat. 31, as amended, which is classified generally to chapter 7B (Sec. 150aa et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 150aa of Title 7 and Tables. This Act, referred to in subsec. (a)(3), probably refers to Pub. L. 86-702, which amended this section and section 43 of this title. The enactment of the Lacey Act Amendments of 1981, referred to in subsec. (c), means the date of enactment of Pub. L. 97-79, which was approved Nov. 16, 1981. -MISC2- AMENDMENTS 1990 - Subsec. (a)(1). Pub. L. 101-646 inserted 'of the zebra mussel of the species Dreissena polymorpha;' after 'Pteropus;'. 1981 - Subsec. (c). Pub. L. 97-79 substituted 'Secretary of the Interior within one hundred and eighty days of the enactment of the Lacey Act Amendments of 1981' for 'Secretary of the Treasury'. 1960 - Pub. L. 86-702 substituted 'Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia and reptiles; permits; specimens for museums; regulations' for 'Importation of injurious animals and birds; permits; specimens for museums' in section catchline. Subsec. (a)(1). Pub. L. 86-702 designated first sentence of subsec. (a) as par. (1), prohibited importation into the Commonwealth of Puerto Rico or any possession of the United States and shipments between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, described the mongoose and flying foxes by their scientific names, extended the provisions prohibiting importation or shipment to include wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, or their eggs or offspring, empowered the Secretary to prohibit importation or shipment if injurious to human beings, forestry, or to wildlife or wildlife resources, required prompt exportation or destruction at the expense of the importer or consignee, provided that this section shall not be construed to repeal or modify any provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act and that it shall not authorize any action with respect to the importation of plant pests, and deleted provisions which required destruction of prohibited birds and animals or their return at the expense of the owner, and which prohibited the importation of the English sparrow and the starling. Subsec. (a)(2), (3). Pub. L. 86-702 added pars. (2) and (3). Subsec. (a)(4). Pub. L. 86-702 designated second sentence of subsec. (a) as par. (4), limited importation of natural-history specimens to dead ones, and included all species of psittacine birds. Subsec. (a)(5). Pub. L. 86-702 designated third sentence of subsec. (a) as par. (5), authorized enforcement by the Secretary of the Interior, and permitted the Secretary of the Treasury, if requested by the Secretary of the Interior, to require the furnishing of a bond. Subsec. (b). Pub. L. 86-702 included violations of regulations. 1949 - Subsec. (a). Act May 24, 1949, made section applicable to any Territory or district thereof as well as to the United States, and changed phraseology. Subsec. (b). Act May 24, 1949, reenacted subsec. (b) without change. Subsec. (c). Act May 24, 1949, added subsec. (c). EXOTIC ORGANISMS For provisions relating to restrictions on the introduction of exotic organisms into natural ecosystems of the United States, see Ex. Ord. No. 11987, May 24, 1977, 42 F.R. 26949, set out as a note under section 4321 of Title 42, The Public Health and Welfare. -CROSS- CROSS REFERENCES Preservation of game and wild birds; duties and powers of Secretary of the Interior; regulations as to hunting, see section 701 et seq. of Title 16, Conservation. Unlawful transportation or importation of migratory birds, see sections 705 and 707 of Title 16. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 19 section 1527. ------DocID 23815 Document 57 of 1438------ -CITE- 18 USC Sec. 43, 44 -EXPCITE- TITLE 18 PART I CHAPTER 3 -HEAD- (Sec. 43, 44. Repealed. Pub. L. 97-79, Sec. 9(b)(2), Nov. 16, 1981, 95 Stat. 1079) -MISC1- Section 43, acts June 25, 1948, ch. 645, 62 Stat. 687; Sept. 2, 1960, Pub. L. 86-702, Sec. 2, 74 Stat. 754; Dec. 5, 1969, Pub. L. 91-135, Sec. 7(a), 83 Stat. 279, related to transportation of wildlife taken in violation of state, national, or foreign law, the receipt of such wildlife, and the making of false records in relation thereto. See section 3372(a) of Title 16, Conservation. Section 44, acts June 25, 1948, ch. 645, 62 Stat. 687; Dec. 5, 1969, Pub. L. 91-135, Sec. 8, 83 Stat. 281, related to marking of packages or containers used in the shipment of fish and wildlife. See section 3372(b) of Title 16. ------DocID 23816 Document 58 of 1438------ -CITE- 18 USC Sec. 45 -EXPCITE- TITLE 18 PART I CHAPTER 3 -HEAD- (Sec. 45. Repealed. Pub. L. 101-647, title XII, Sec. 1206(a), Nov. 29, 1990, 104 Stat. 4832) -MISC1- Section, act June 25, 1948, ch. 645, 62 Stat. 688, related to penalties for capturing or killing carrier pigeons. ------DocID 23817 Document 59 of 1438------ -CITE- 18 USC Sec. 46 -EXPCITE- TITLE 18 PART I CHAPTER 3 -HEAD- Sec. 46. Transportation of water hyacinths -STATUTE- (a) Whoever knowingly delivers or receives for transportation, or transports, in interstate commerce, alligator grass (alternanthera philoxeroides), or water chestnut plants (trapa natans) or water hyacinth plants (eichhornia crassipes) or the seeds of such grass or plants; or (b) Whoever knowingly sells, purchases, barters, exchanges, gives, or receives any grass, plant, or seed which has been transported in violation of subsection (a); or (c) Whoever knowingly delivers or receives for transportation, or transports, in interstate commerce, an advertisement, to sell, purchase, barter, exchange, give, or receive alligator grass or water chestnut plants or water hyacinth plants or the seeds of such grass or plants - Shall be fined not more than $500, or imprisoned not more than six months, or both. -SOURCE- (Added Aug. 1, 1956, ch. 825, Sec. 1, 70 Stat. 797.) ------DocID 23818 Document 60 of 1438------ -CITE- 18 USC Sec. 47 -EXPCITE- TITLE 18 PART I CHAPTER 3 -HEAD- Sec. 47. Use of aircraft or motor vehicles to hunt certain wild horses or burros; pollution of watering holes -STATUTE- (a) Whoever uses an aircraft or a motor vehicle to hunt, for the purpose of capturing or killing, any wild unbranded horse, mare, colt, or burro running at large on any of the public land or ranges shall be fined not more than $500, or imprisoned not more than six months, or both. (b) Whoever pollutes or causes the pollution of any watering hole on any of the public land or ranges for the purpose of trapping, killing, wounding, or maiming any of the animals referred to in subsection (a) of this section shall be fined not more than $500, or imprisoned not more than six months, or both. (c) As used in subsection (a) of this section - (1) The term 'aircraft' means any contrivance used for flight in the air; and (2) The term 'motor vehicle' includes an automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle designed for running on land. -SOURCE- (Added Pub. L. 86-234, Sec. 1(a), Sept. 8, 1959, 73 Stat. 470.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 1338a. ------DocID 23819 Document 61 of 1438------ -CITE- 18 USC CHAPTER 5 -EXPCITE- TITLE 18 PART I CHAPTER 5 -HEAD- CHAPTER 5 - ARSON -MISC1- Sec. 81. Arson within special maritime and territorial jurisdiction. ------DocID 23820 Document 62 of 1438------ -CITE- 18 USC Sec. 81 -EXPCITE- TITLE 18 PART I CHAPTER 5 -HEAD- Sec. 81. Arson within special maritime and territorial jurisdiction -STATUTE- Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns, or attempts to set fire to or burn any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping, shall be fined not more than $1,000 or imprisoned not more than five years, or both. If the building be a dwelling or if the life of any person be placed in jeopardy, he shall be fined not more than $5,000 or imprisoned not more than twenty years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 688.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 464, 465 (Mar. 4, 1909, ch. 321, Sec. 285, 286, 35 Stat. 1144). Sections were consolidated and rewritten both as to form and substance and that part of each section relating to destruction of property by means other than burning constitutes section 1363 of this title. The words 'within the maritime and territorial jurisdiction of the United States' were added to preserve existing limitations of territorial applicability. (See section 7 of this title and note thereunder.) The phrase 'any building, structure, or vessel, any machinery or building materials and supplies, military or naval stores, munitions of war or any structural aids or appliances for navigation or shipping' was substituted for 'any dwelling house, or any store, barn, stable, or other building, parcel of a dwelling house', in section 464 of title 18, U.S.C., 1940 ed., and 'any arsenal, armory, magazine, rope walk, ship house, warehouse, blockhouse, or barrack, or any storehouse, barn or stable, not parcel of a dwelling house, or any other building not mentioned in the section last preceding, or any vessel, built, building, or undergoing repair, or any lighthouse, or beacon, or any machinery, timber, cables, rigging, or other materials or appliances for building, repairing or fitting out vessels, or any pile of wood, boards, or other lumber, or any military, naval or victualing stores, arms, or other munitions of war', in section 465 of title 18, U.S.C., 1940 ed. The substituted phrase is a concise and comprehensive description of the things enumerated in both sections. The punishment provisions are new and are graduated with some regard to the gravity of the offense. It was felt that a possible punishment of 20 years for burning a wood pile or injuring or destroying an outbuilding was disproportionate and not in harmony with recent legislation. -CROSS- CROSS REFERENCES Setting fire to railroad tunnels, bridges, etc., see section 1992 of this title. Special maritime and territorial jurisdiction of the United States defined, see section 7 of this title. Vessel of foreign or United States registry, see section 2275 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5032 of this title. ------DocID 23821 Document 63 of 1438------ -CITE- 18 USC CHAPTER 7 -EXPCITE- TITLE 18 PART I CHAPTER 7 -HEAD- CHAPTER 7 - ASSAULT -MISC1- Sec. 111. Assaulting, resisting, or impeding certain officers or employees. 112. Protection of foreign officials, official guests, and internationally protected persons. 113. Assaults within maritime and territorial jurisdiction. 114. Maiming within maritime and territorial jurisdiction. 115. Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member. AMENDMENTS 1984 - Pub. L. 98-473, title II, Sec. 1008(b), Oct. 12, 1984, 98 Stat. 2140, added item 115. 1976 - Pub. L. 94-467, Sec. 6, Oct. 8, 1976, 90 Stat. 2000, substituted 'official guests, and internationally protected persons' for 'and official guests' in item 112. 1972 - Pub. L. 92-539, title III, Sec. 302, Oct. 24, 1972, 86 Stat. 1073, substituted 'Protection of foreign officials and official guests' for 'Assaulting certain foreign diplomatic and other official personnel' in item 112. 1964 - Pub. L. 88-493, Sec. 2, Aug. 27, 1964, 78 Stat. 610, substituted 'certain foreign diplomatic and other official personnel' for 'public minister' in item 112. ------DocID 23822 Document 64 of 1438------ -CITE- 18 USC Sec. 111 -EXPCITE- TITLE 18 PART I CHAPTER 7 -HEAD- Sec. 111. Assaulting, resisting, or impeding certain officers or employees -STATUTE- (a) In General. - Whoever - (1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or (2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person's term of service, shall be fined under this title or imprisoned not more than three years, or both. (b) Enhanced Penalty. - Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon, shall be fined under this title or imprisoned not more than ten years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 688; Nov. 18, 1988, Pub. L. 100-690, title VI, Sec. 6487(a), 102 Stat. 4386.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 118, 254 (Mar. 4, 1909, ch. 321, Sec. 62, 35 Stat. 1100; May 18, 1934, ch. 299, Sec. 2, 48 Stat. 781). This section consolidates sections 118 and 254 with changes in phraseology and substance necessary to effect the consolidation. Also the words 'Bureau of Animal Industry of the Department of Agriculture' appearing in section 118 of title 18, U.S.C., 1940 ed., were inserted in enumeration of Federal officers and employees in section 1114 of this title. The punishment provision of section 254 of title 18, U.S.C., 1940 ed., was adopted as the latest expression of Congressional intent. This consolidation eliminates a serious incongruity in punishment and application. AMENDMENTS 1988 - Pub. L. 100-690 amended text generally. Prior to amendment, text read as follows: 'Whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of his official duties, shall be fined not more than $5,000 or imprisoned not more than three years, or both. 'Whoever, in the commission of any such acts uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both.' -CROSS- CROSS REFERENCES Bank robbery, assault in committing, see section 2113 of this title. Indians - Assault by Indian in Indian country, see section 1153 of this title. Jurisdiction of offenses by Indians in Indian country, see section 3242 of this title. Mail clerk or custodian, assault on, see section 2114 and 2116 of this title. Persons authorized to serve or execute warrants or to make searches and seizures, assault on, see section 2231 of this title. Piracy, assault on commander as, see section 1655 of this title. Process server, assault on, see section 1501 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 115, 3050 of this title; title 7 sections 84, 87c; title 16 section 742l; title 19 section 1629; title 22 section 2709; title 25 section 2804; title 42 sections 2000e-13, 2283. ------DocID 23823 Document 65 of 1438------ -CITE- 18 USC Sec. 112 -EXPCITE- TITLE 18 PART I CHAPTER 7 -HEAD- Sec. 112. Protection of foreign officials, official guests, and internationally protected persons -STATUTE- (a) Whoever assaults, strikes, wounds, imprisons, or offers violence to a foreign official, official guest, or internationally protected person or makes any other violent attack upon the person or liberty of such person, or, if likely to endanger his person or liberty, makes a violent attack upon his official premises, private accommodation, or means of transport or attempts to commit any of the foregoing shall be fined not more than $5,000 or imprisoned not more than three years, or both. Whoever in the commission of any such act uses a deadly or dangerous weapon shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (b) Whoever willfully - (1) intimidates, coerces, threatens, or harasses a foreign official or an official guest or obstructs a foreign official in the performance of his duties; (2) attempts to intimidate, coerce, threaten, or harass a foreign official or an official guest or obstruct a foreign official in the performance of his duties; or (3) within the United States and within one hundred feet of any building or premises in whole or in part owned, used, or occupied for official business or for diplomatic, consular, or residential purposes by - (A) a foreign government, including such use as a mission to an international organization; (B) an international organization; (C) a foreign official; or (D) an official guest; congregates with two or more other persons with intent to violate any other provision of this section; shall be fined not more than $500 or imprisoned not more than six months, or both. (c) For the purpose of this section 'foreign government', 'foreign official', 'internationally protected person', 'international organization', and 'official guest' shall have the same meanings as those provided in section 1116(b) of this title. (d) Nothing contained in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the first amendment to the Constitution of the United States. (e) If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title and section 101(38) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(38)). (f) In the course of enforcement of subsection (a) and any other sections prohibiting a conspiracy or attempt to violate subsection (a), the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary, notwithstanding. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 688; Aug. 27, 1964, Pub. L. 88-493, Sec. 1, 78 Stat. 610; Oct. 24, 1972, Pub. L. 92-539, title III, Sec. 301, 86 Stat. 1072; Oct. 8, 1976, Pub. L. 94-467, Sec. 5, 90 Stat. 1999; Nov. 9, 1977, Pub. L. 95-163, Sec. 17(b)(1), 91 Stat. 1286; Oct. 24, 1978, Pub. L. 95-504, Sec. 2(b), 92 Stat. 1705; Nov. 18, 1988, Pub. L. 100-690, title VI, Sec. 6478, 102 Stat. 4381.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 255 of title 22, U.S.C., 1940 ed., Foreign Relations and Intercourse (R.S. Sec. 4062). Punishment provision was rewritten to make it more definite by substituting a maximum of $5,000 in lieu of the words 'fined at the discretion of the court.' As thus revised this provision conforms with the first punishment provision of section 111 of this title. So, also, the greater punishment provided by the second paragraph of section 111 was added to this section for offenses involving the use of dangerous weapons. -REFTEXT- REFERENCES IN TEXT Section 101(38) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(38)), referred to in subsec. (e), is classified to section 1301(38) of Title 49, Appendix, Transportation. -MISC2- AMENDMENTS 1988 - Subsec. (b)(3). Pub. L. 100-690 struck out 'but outside the District of Columbia' after 'United States'. 1978 - Subsec. (e). Pub. L. 95-504 substituted reference to section 101(38) of the Federal Aviation Act of 1958 for reference to section 101(35) of such Act. 1977 - Subsec. (e). Pub. L. 95-163 substituted reference to section 101(35) of the Federal Aviation Act of 1958 for reference to section 101(34) of such Act. 1976 - Pub. L. 94-467 substituted 'official guests, and internationally protected persons' for 'and official guests' in section catchline. Subsec. (a). Pub. L. 94-467 substituted 'official guest, or internationally protected person' for 'or official guest' and inserted provision including any other violent attack on the person or the liberty of such official, guest, or protected person, his official premises, private accommodation, or means of transport, or any attempt thereof, as acts subject to fine or imprisonment. Subsec. (b). Pub. L. 94-467 restructured subsec. (b) and added pars. (2) and (3). Subsec. (c). Pub. L. 94-467 redesignated subsec. (d) as (c), inserted 'internationally protected persons', and struck out reference to section 1116(c) of this title. Former subsec. (c), which related to punishment for intimidating or harassing demonstrations against foreign officials or any combination of two or more persons for such purposes, within one hundred feet of any buildings or premises owned by a foreign government located within the United States but outside the District of Columbia, was struck out. Subsecs. (d) to (f). Pub. L. 94-467 added subsecs. (e) and (f) and redesignated former subsecs. (d) and (e) as (c) and (d), respectively. 1972 - Subsec. (a). Pub. L. 92-539 substituted 'Protection of foreign officials and official guests' for 'Assaulting certain foreign diplomatic and other official personnel' in section catchline, designated existing provisions as subsec. (a), and substituted 'a foreign official or official guest' for 'the person of a head of foreign state or foreign government, foreign minister, ambassador or other public minister' and 'act' for 'acts'. Subsecs. (b) to (e). Pub. L. 92-539 added subsecs. (b) to (e). 1964 - Pub. L. 88-493 included heads of foreign states or governments and foreign ministers. SHORT TITLE OF 1976 AMENDMENT Section 1 of Pub. L. 94-467 provided: 'That this Act (enacting section 878 of this title, amending this section and sections 11, 970, 1116, and 1201 of this title, and enacting provisions set out as notes under this section) may be cited as the 'Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons'.' SHORT TITLE OF 1972 AMENDMENT Section 1 of Pub. L. 92-539 provided: 'That this Act (enacting sections 970, 1116, and 1117 of this title, amending this section and section 1201 of this title, and enacting provisions set out as notes under this section) may be cited as the 'Act for the Protection of Foreign Officials and Official Guests of the United States'.' STATE AND LOCAL LAWS NOT SUPERSEDED Section 10 of Pub. L. 94-467 provided that: 'Nothing contained in this Act (see Short Title of 1976 Amendment note above) shall be construed to indicate an intent on the part of Congress to occupy the field in which its provisions operate to the exclusion of the laws of any State, Commonwealth, territory, possession, or the District of Columbia, on the same subject matter, nor to relieve any person of any obligation imposed by any law of any State, Commonwealth, territory, possession, or the District of Columbia, including the obligation of all persons having official law enforcement powers to take appropriate action, such as effecting arrests, for Federal as well as non-Federal violations.' CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY Section 2 of Pub. L. 92-539 provided that: 'The Congress recognizes that from the beginning of our history as a nation, the police power to investigate, prosecute, and punish common crimes such as murder, kidnaping, and assault has resided in the several States, and that such power should remain with the States. 'The Congress finds, however, that harassment, intimidation, obstruction, coercion, and acts of violence committed against foreign officials or their family members in the United States or against official guests of the United States adversely affect the foreign relations of the United States. 'Accordingly, this legislation is intended to afford the United States jurisdiction concurrent with that of the several States to proceed against those who by such acts interfere with its conduct of foreign affairs.' FEDERAL PREEMPTION Section 3 of Pub. L. 92-539 provided that: 'Nothing contained in this Act (see Short Title of 1972 Amendment note above) shall be construed to indicate an intent on the part of Congress to occupy the field in which its provisions operate to the exclusion of the laws of any State, Commonwealth, territory, possession, or the District of Columbia on the same subject matter, nor to relieve any person of any obligation imposed by any law of any State, Commonwealth, territory, possession, or the District of Columbia.' IMMUNITY FROM CRIMINAL PROSECUTION Section 5 of Pub. L. 88-493 provided that: 'Nothing contained in this Act (amending this section and section 1114 of this title, and enacting section 170e-1 of former Title 5, Executive Departments and Government Officers and Employees) shall create immunity from criminal prosecution under any laws in any State, Commonwealth of Puerto Rico, territory, possession, or the District of Columbia.' -CROSS- CROSS REFERENCES Actions or proceedings by ambassadors or other public ministers, jurisdiction of Supreme Court, see section 1251 of Title 28, Judiciary and Judicial Procedure. Alien's action for tort, jurisdiction of district courts, see section 1350 of Title 28. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 11, 878 of this title; title 22 section 2709. ------DocID 23824 Document 66 of 1438------ -CITE- 18 USC Sec. 113 -EXPCITE- TITLE 18 PART I CHAPTER 7 -HEAD- Sec. 113. Assaults within maritime and territorial jurisdiction -STATUTE- Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows: (a) Assault with intent to commit murder, by imprisonment for not more than twenty years. (b) Assault with intent to commit any felony, except murder or a felony under chapter 109A, by fine of not more than $3,000 or imprisonment for not more than ten years, or both. (c) Assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse, by fine of not more than $1,000 or imprisonment for not more than five years, or both. (d) Assault by striking, beating, or wounding, by fine of not more than $500 or imprisonment for not more than six months, or both. (e) Simple assault, by fine of not more than $300 or imprisonment for not more than three months, or both. (f) Assault resulting in serious bodily injury, by fine of not more than $10,000 or imprisonment for not more than ten years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 689; May 29, 1976, Pub. L. 94-297, Sec. 3, 90 Stat. 585; Nov. 10, 1986, Pub. L. 99-646, Sec. 87(c)(2), (3), 100 Stat. 3623; Nov. 14, 1986, Pub. L. 99-654, Sec. 3(a)(2), (3), 100 Stat. 3663.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 455 (Mar. 4, 1909, ch. 321, Sec. 276, 35 Stat. 1143). Opening paragraph was added to preserve the jurisdictional limitation provided for by section 451 of title 18, U.S.C., 1940 ed., now section 7 of this title. (See reviser's note thereunder.) Phraseology was simplified. AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-646, Sec. 87(c)(2), and Pub. L. 99-654, Sec. 3(a)(2), amended subsec. (a) identically, striking out 'or rape' after 'murder'. Subsec. (b). Pub. L. 99-646, Sec. 87(c)(3), and Pub. L. 99-654, Sec. 3(a)(3), amended subsec. (b) identically, substituting 'a felony under chapter 109A' for 'rape'. 1976 - Subsec. (f). Pub. L. 94-297 added subsec. (f). EFFECTIVE DATE OF 1986 AMENDMENTS Amendments by Pub. L. 99-646 and Pub. L. 99-654 effective respectively 30 days after Nov. 10, 1986, and 30 days after Nov. 14, 1986, see section 87(e) of Pub. L. 99-646 and section 4 of Pub. L. 99-654, set out as an Effective Date note under section 2241 of this title. -CROSS- CROSS REFERENCES Actions aboard aircraft in flight in violation of this section punishable as provided herein, see section 1472 of Title 49, Appendix, Transportation. Attempt to commit murder or manslaughter, see section 1113 of this title. Wire or oral communications authorization for interception, to provide evidence of murder, see section 2516 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1113 of this title; title 49 App. section 1472. ------DocID 23825 Document 67 of 1438------ -CITE- 18 USC Sec. 114 -EXPCITE- TITLE 18 PART I CHAPTER 7 -HEAD- Sec. 114. Maiming within maritime and territorial jurisdiction -STATUTE- Whoever, within the special maritime and territorial jurisdiction of the United States, and with intent to maim or disfigure, cuts, bites, or slits the nose, ear, or lip, or cuts out or disables the tongue, or puts out or destroys an eye, or cuts off or disables a limb or any member of another person; or Whoever, within the special maritime and territorial jurisdiction of the United States, and with like intent, throws or pours upon another person, any scalding water, corrosive acid, or caustic substance - Shall be fined not more than $25,000 or imprisoned not more than twenty years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 689; May 24, 1949, ch. 139, Sec. 3, 63 Stat. 90; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 1009A, 98 Stat. 2141; Nov. 29, 1990, Pub. L. 101-647, title XXXV, Sec. 3507, 104 Stat. 4922.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., Sec. 462 (Mar. 4, 1909, ch. 321, Sec. 283, 35 Stat. 1144). The words 'within the special maritime and territorial jurisdiction of the United States, and' were added to preserve jurisdictional limitation provided for by section 451 of title 18, U.S.C., 1940 ed., now section 7 of this title. (See reviser's note thereunder.) Changes in phraseology were made. 1949 ACT This section (section 3) corrects a typographical error in section 114 of title 18, U.S.C. AMENDMENTS 1990 - Pub. L. 101-647 substituted 'or imprisoned' for 'and imprisoned'. 1984 - Pub. L. 98-473 substituted 'and imprisoned' for 'or imprisoned' and provisions raising maximum fine from $1,000 to $25,000 and raising maximum term of imprisonment from seven years to twenty years. 1949 - Act May 24, 1949, corrected spelling of 'maim'. -CROSS- CROSS REFERENCES Actions aboard aircraft in flight in violation of this section punishable as provided herein, see section 1472 of Title 49, Appendix, Transportation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 49 App. section 1472. ------DocID 23826 Document 68 of 1438------ -CITE- 18 USC Sec. 115 -EXPCITE- TITLE 18 PART I CHAPTER 7 -HEAD- Sec. 115. Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member -STATUTE- (a)(1) Whoever - (A) assaults, kidnaps, or murders, or attempts to kidnap or murder, or threatens to assault, kidnap or murder a member of the immediate family of a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under section 1114 of this title; or (B) threatens to assault, kidnap, or murder, a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under such section, with intent to impede, intimidate, or interfere with such official, judge, or law enforcement officer while engaged in the performance of official duties, or with intent to retaliate against such official, judge, or law enforcement officer on account of the performance of official duties, shall be punished as provided in subsection (b). (2) Whoever assaults, kidnaps, or murders, or attempts to kidnap or murder a member of the immediate family of any person who formerly served as a person designated in paragraph (1), with intent to retaliate against such person on account of the performance of official duties during the term of service of such person, shall be punished as provided in subsection (b). (b)(1) An assault in violation of this section shall be punished as provided in section 111 of this title. (2) A kidnaping or attempted kidnaping in violation of this section shall be punished as provided in section 1201 of this title for the kidnapping or attempted kidnapping of a person described in section 1201(a)(5) of this title. (3) A murder or attempted murder in violation of this section shall be punished as provided in sections 1111 and 1113 of this title. (4) A threat made in violation of this section shall be punished by a fine of not more than $5,000 or imprisonment for a term of not more than five years, or both, except that imprisonment for a threatened assault shall not exceed three years. (c) As used in this section, the term - (1) 'Federal law enforcement officer' means any officer, agent, or employee of the United States authorized by law or by a Government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of Federal criminal law; (2) 'immediate family member' of an individual means - (A) his spouse, parent, brother or sister, child or person to whom he stands in loco parentis; or (B) any other person living in his household and related to him by blood or marriage; (3) 'United States judge' means any judicial officer of the United States, and includes a justice of the Supreme Court and a United States magistrate; and (4) 'United States official' means the President, President-elect, Vice President, Vice President-elect, a Member of Congress, a member-elect of Congress, a member of the executive branch who is the head of a department listed in 5 U.S.C. 101, or the Director of the Central Intelligence Agency. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 1008(a), Oct. 12, 1984, 98 Stat. 2140, and amended Pub. L. 99-646, Sec. 37(a), 60, Nov. 10, 1986, 100 Stat. 3599, 3613; Pub. L. 100-690, title VI, Sec. 6487(f)(b), Nov. 18, 1988, 102 Stat. 4386; Pub. L. 101-647, title XXXV, Sec. 3508, Nov. 29, 1990, 104 Stat. 4922.) -MISC1- AMENDMENTS 1990 - Subsec. (c)(4). Pub. L. 101-647 substituted 'the Central' for 'The Central'. 1988 - Subsec. (a). Pub. L. 100-690 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: 'Whoever assaults, kidnaps, or murders, or attempts to kidnap or murder, or threatens to assault, kidnap or murder a member of the immediate family of a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under section 1114 of this title, or threatens to assault, kidnap, or murder, a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under such section with intent to impede, intimidate, interfere with, or retaliate against such official, judge or law enforcement officer while engaged in or on account of the performance of official duties, shall be punished as provided in subsection (b).' 1986 - Subsec. (a). Pub. L. 99-646, Sec. 60, substituted 'section 1114 of this title, or threatens to assault, kidnap, or murder, a United States official, a United States judge, a Federal law enforcement officer, or an official whose killing would be a crime under such section' for '18 U.S.C. 1114, as amended,', 'while engaged' for 'while he is engaged', and 'official duties' for 'his official duties'. Subsec. (b)(2). Pub. L. 99-646, Sec. 37(a), inserted 'for the kidnapping or attempted kidnapping of a person described in section 1201(a)(5) of this title'. -CHANGE- CHANGE OF NAME Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2516, 4243 of this title. ------DocID 23827 Document 69 of 1438------ -CITE- 18 USC CHAPTER 9 -EXPCITE- TITLE 18 PART I CHAPTER 9 -HEAD- CHAPTER 9 - BANKRUPTCY -MISC1- Sec. 151. Definition. 152. Concealment of assets; false oaths and claims; bribery. 153. Embezzlement by trustee or officer. 154. Adverse interest and conduct of officers. 155. Fee agreements in cases under title 11 and receiverships. AMENDMENTS 1978 - Pub. L. 95-598, title III, Sec. 314(b)(2), (d)(3), (e)(3), (f)(3), Nov. 6, 1978, 92 Stat. 2677, substituted in item 151 'Definition' for 'Definitions'; struck from item 153 ', receiver' after 'trustee' and from item 154 'referees and other' before 'officers'; and substituted in item 155 'cases under title 11 and receiverships' for 'bankruptcy proceedings'. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3057 of this title. ------DocID 23828 Document 70 of 1438------ -CITE- 18 USC Sec. 151 -EXPCITE- TITLE 18 PART I CHAPTER 9 -HEAD- Sec. 151. Definition -STATUTE- As used in this chapter, the term 'debtor' mean (FOOTNOTE 1) a debtor concerning whom a petition has been filed under title 11. (FOOTNOTE 1) So in original. Probably should be 'means'. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 689; Nov. 6, 1978, Pub. L. 95-598, title III, Sec. 314(b)(1), 92 Stat. 2676.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 52(f) of title 11, U.S.C., 1940 ed., Bankruptcy (July 1, 1898, ch. 541, Sec. 29f as added June 22, 1938, ch. 575, Sec. 1, 52 Stat. 857). Definition of 'bankruptcy' was added to avoid repetitious references to said title 11. Minor changes in phraseology was made. AMENDMENTS 1978 - Pub. L. 95-598 substituted 'Definition' for 'Definitions' in section catchline, substituted definition of 'debtor' as a debtor concerning whom a petition has been filed under title 11 for definition of 'bankrupt' as a debtor by or against whom a petition has been filed under title 11, and struck out definition of 'bankruptcy' as including any proceeding, arrangement, or plan pursuant to title 11. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. SAVINGS PROVISION Amendment by section 314 of Pub. L. 95-598 not to affect the application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy. -CROSS- CROSS REFERENCES General definitions, see section 101 of Title 11, Bankruptcy. ------DocID 23829 Document 71 of 1438------ -CITE- 18 USC Sec. 152 -EXPCITE- TITLE 18 PART I CHAPTER 9 -HEAD- Sec. 152. Concealment of assets; false oaths and claims; bribery -STATUTE- Whoever knowingly and fraudulently conceals from a custodian, trustee, marshal, or other officer of the court charged with the control or custody of property, or from creditors in any case under title 11, any property belonging to the estate of a debtor; or Whoever knowingly and fraudulently makes a false oath or account in or in relation to any case under title 11; or Whoever knowingly and fraudulently makes a false declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, in or in relation to any case under title 11; or Whoever knowingly and fraudulently presents any false claim for proof against the estate of a debtor, or uses any such claim in any case under title 11, personally, or by agent, proxy, or attorney, or as agent, proxy, or attorney; or Whoever knowingly and fraudulently receives any material amount of property from a debtor after the filing of a case under title 11, with intent to defeat the provisions of title 11; or Whoever knowingly and fraudulently gives, offers, receives or attempts to obtain any money or property, remuneration, compensation, reward, advantage, or promise thereof, for acting or forbearing to act in any case under title 11; or Whoever, either individually or as an agent or officer of any person or corporation, in contemplation of a case under title 11 by or against him or any other person or corporation, or with intent to defeat the provisions of title 11, knowingly and fraudulently transfers or conceals any of his property or the property of such other person or corporation; or Whoever, after the filing of a case under title 11 or in contemplation thereof, knowingly and fraudulently conceals, destroys, mutilates, falsifies, or makes a false entry in any recorded information, including books, documents, records, and papers, relating to the property or financial affairs of a debtor; or Whoever, after the filing of a case under title 11, knowingly and fraudulently withholds from a custodian, trustee, marshal, or other officer of the court entitled to its possession, any recorded information, including books, documents, records, and papers, relating to the property or financial affairs of a debtor. Shall be fined not more than $5,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 689; June 12, 1960, Pub. L. 86-519, Sec. 2, 74 Stat. 217; Sept. 2, 1960, Pub. L. 86-701, 74 Stat. 753; Oct. 18, 1976, Pub. L. 94-550, Sec. 4, 90 Stat. 2535; Nov. 6, 1978, Pub. L. 95-598, title III, Sec. 314(a), (c), 92 Stat. 2676, 2677; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7017, 102 Stat. 4395.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 52(b) of title 11, U.S.C., 1940 ed., Bankruptcy (July 1, 1898, ch. 541, Sec. 29b, 30 Stat. 554; May 27, 1926, ch. 406, Sec. 11 (part), 44 Stat. 665; June 22, 1938, ch. 575, Sec. 1 (part), 52 Stat. 855). Section was broadened to apply to one who gives or offers a bribe. Minor changes were made in phraseology. AMENDMENTS 1988 - Pub. L. 100-690 substituted 'penalty of perjury' for 'penalty or perjury' in third par. 1978 - Pub. L. 95-598 substituted, wherever appearing, 'debtor' for 'bankrupt', 'case under title 11' for 'bankruptcy proceeding', and 'provisions of title 11' for 'bankruptcy law'; and substituted 'a custodian' for 'the receiver, custodian', wherever appearing, and 'recorded information, including books, documents, records, and papers, relating to the property or financial affairs' for 'document affecting or relating to the property or affairs', in two places. 1976 - Pub. L. 94-550 inserted paragraph covering the knowing and fraudulent making of a false declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28 or in relation to any bankruptcy proceeding. 1960 - Pub. L. 86-701 included fraudulent transfers and concealment of property by persons in their individual capacity in sixth par. Pub. L. 86-519 struck out 'under oath' after 'knowingly and fraudulently presents' in third par. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. SAVINGS PROVISION Amendment by section 314 of Pub. L. 95-598 not to affect the application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy. -CROSS- CROSS REFERENCES Bankruptcy investigations; duties of United States attorney, see section 3057 of this title. Discharges, refusal to grant when offense committed, see section 727 of Title 11, Bankruptcy. Limitation of prosecutions, see sections 3282, 3284 of this title. Wire or oral communications, authorization for interception, to provide evidence of bankruptcy fraud offenses, see section 2516 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1956 of this title; title 7 section 12a; title 15 sections 78o, 80b-3. ------DocID 23830 Document 72 of 1438------ -CITE- 18 USC Sec. 153 -EXPCITE- TITLE 18 PART I CHAPTER 9 -HEAD- Sec. 153. Embezzlement by trustee or officer -STATUTE- Whoever knowingly and fraudulently appropriates to his own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor which came into his charge as trustee, custodian, marshal, or other officer of the court, shall be fined not more than $5,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 690; Nov. 6, 1978, Pub. L. 95-598, title III, Sec. 314(a)(1), (d)(1), (2), 92 Stat. 2676, 2677.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 52(a) of title 11, U.S.C., 1940 ed., Bankruptcy (July 1, 1898, ch. 541, Sec. 29a, 30 Stat. 554; May 27, 1926, ch. 406, Sec. 11 (part), 44 Stat. 665; June 22, 1938, ch. 575, Sec. 1 (part), 52 Stat. 855). Minor changes were made in phraseology. AMENDMENTS 1978 - Pub. L. 95-598 struck out ', receiver' after 'trustee' in section catchline and in text struck out 'receiver,' before 'custodian' and substituted 'debtor' for 'bankrupt'. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. SAVINGS PROVISION Amendment by section 314 of Pub. L. 95-598 not to affect the application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy. -CROSS- CROSS REFERENCES Certain debts of bankrupt as not affected by a discharge, see section 727 of Title 11, Bankruptcy. Embezzlement by court officers, generally, see section 645 of this title. ------DocID 23831 Document 73 of 1438------ -CITE- 18 USC Sec. 154 -EXPCITE- TITLE 18 PART I CHAPTER 9 -HEAD- Sec. 154. Adverse interest and conduct of officers -STATUTE- Whoever, being a custodian, trustee, marshal, or other officer of the court, knowingly purchases, directly or indirectly, any property of the estate of which he is such officer in a case under title 11; or Whoever being such officer, knowingly refuses to permit a reasonable opportunity for the inspection of the documents and accounts relating to the affairs of estates in his charge by parties in interest when directed by the court to do so - Shall be fined not more than $500, and shall forfeit his office, which shall thereupon become vacant. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 690; Nov. 6, 1978, Pub. L. 95-598, title III, Sec. 314(a)(2), (e)(1), (2), 92 Stat. 2676, 2677.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 52(c) of title 11, U.S.C., 1940 ed., Bankruptcy (July 1, 1898, ch. 541, Sec. 29c, 30 Stat. 554; June 22, 1938, ch. 575, Sec. 1 (part), 52 Stat. 856). Minor changes were made in phraseology. AMENDMENTS 1978 - Pub. L. 95-598 struck out 'referees and other' before 'officers' in section catchline, and in text struck out 'Whoever knowingly acts as a referee in a case in which he is directly or indirectly interested; or' before 'Whoever, being a' and 'referee, receiver,' before 'custodian' and substituted 'case under title 11' for 'bankruptcy proceeding'. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. SAVINGS PROVISION Amendment by section 314 of Pub. L. 95-598 not to affect the application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy. ------DocID 23832 Document 74 of 1438------ -CITE- 18 USC Sec. 155 -EXPCITE- TITLE 18 PART I CHAPTER 9 -HEAD- Sec. 155. Fee agreements in cases under title 11 and receiverships -STATUTE- Whoever, being a party in interest, whether as a debtor, creditor, receiver, trustee or representative of any of them, or attorney for any such party in interest, in any receivership or case under title 11 in any United States court or under its supervision, knowingly and fraudulently enters into any agreement, express or implied, with another such party in interest or attorney for another such party in interest, for the purpose of fixing the fees or other compensation to be paid to any party in interest or to any attorney for any party in interest for services rendered in connection therewith, from the assets of the estate, shall be fined not more than $5,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 690; May 24, 1949, ch. 139, Sec. 4, 63 Stat. 90; Nov. 6, 1978, Pub. L. 95-598, title III, Sec. 314(f)(1), (2), 92 Stat. 2677.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on section 572a of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Aug. 25, 1937, ch. 777, 50 Stat. 810.) Words 'upon conviction' were deleted as surplusage since punishment can be imposed only after a conviction. A fine of '$5,000' was substituted for '$10,000' and 'one year' for 'five years', to reduce the offense to the grade of a misdemeanor and the punishment to an amount and term proportionate to the gravity of the offense. Minor changes were made in phraseology. 1949 ACT This amendment (see section 4) clarifies section 155 of title 18, U.S.C., by restating the first paragraph thereof in closer conformity with the original law, as it existed at the time of the enactment of the revision of title 18. AMENDMENTS 1978 - Pub. L. 95-598 substituted 'cases under title 11 and receiverships' for 'bankruptcy proceedings' in section catchline and in text 'or case under title 11' for ', bankruptcy or reorganization proceeding', inserted 'knowingly and fraudulently' after 'supervision,', and struck out penalty provision for a judge of a United States court to knowingly approve the payment of any fees or compensation that were fixed. 1949 - Act May 24, 1949, inserted references to attorneys for any party in interest in three places, and substituted 'in any United States court or under its supervision' for 'in or under the supervision of any court of the United States'. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. SAVINGS PROVISION Amendment by section 314 of Pub. L. 95-598 not to affect the application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy. ------DocID 23833 Document 75 of 1438------ -CITE- 18 USC CHAPTER 10 -EXPCITE- TITLE 18 PART I CHAPTER 10 -HEAD- CHAPTER 10 - BIOLOGICAL WEAPONS -MISC1- Sec. 175. Prohibitions with respect to biological weapons. 176. Seizure, forfeiture, and destruction. 177. Injunctions. 178. Definitions. ------DocID 23834 Document 76 of 1438------ -CITE- 18 USC Sec. 175 -EXPCITE- TITLE 18 PART I CHAPTER 10 -HEAD- Sec. 175. Prohibitions with respect to biological weapons -STATUTE- (a) In General. - Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or knowingly assists a foreign state or any organization to do so, shall be fined under this title or imprisoned for life or any term of years, or both. There is extraterritorial Federal jurisdiction over an offense under this section committed by or against a national of the United States. (b) Definition. - For purposes of this section, the term 'for use as a weapon' does not include the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system for prophylactic, protective, or other peaceful purposes. -SOURCE- (Added Pub. L. 101-298, Sec. 3(a), May 22, 1990, 104 Stat. 201.) -MISC1- SHORT TITLE Section 1 of Pub. L. 101-298 provided that: 'This Act (enacting this chapter and amending section 2516 of this title) may be cited as the 'Biological Weapons Anti-Terrorism Act of 1989'.' PURPOSE AND INTENT Section 2 of Pub. L. 101-298 provided that: '(a) Purpose. - The purpose of this Act (see Short Title note above) is to - '(1) implement the Biological Weapons Convention, an international agreement unanimously ratified by the United States Senate in 1974 and signed by more than 100 other nations, including the Soviet Union; and '(2) protect the United States against the threat of biological terrorism. '(b) Intent of Act. - Nothing in this Act is intended to restrain or restrict peaceful scientific research or development.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 176, 177, 2516 of this title. ------DocID 23835 Document 77 of 1438------ -CITE- 18 USC Sec. 176 -EXPCITE- TITLE 18 PART I CHAPTER 10 -HEAD- Sec. 176. Seizure, forfeiture, and destruction -STATUTE- (a) In General. - (1) Except as provided in paragraph (2), the Attorney General may request the issuance, in the same manner as provided for a search warrant, of a warrant authorizing the seizure of any biological agent, toxin, or delivery system that - (A) exists by reason of conduct prohibited under section 175 of this title; or (B) is of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes. (2) In exigent circumstances, seizure and destruction of any biological agent, toxin, or delivery system described in subparagraphs (A) and (B) of paragraph (1) may be made upon probable cause without the necessity for a warrant. (b) Procedure. - Property seized pursuant to subsection (a) shall be forfeited to the United States after notice to potential claimants and an opportunity for a hearing. At such hearing, the government (FOOTNOTE 1) shall bear the burden of persuasion by a preponderance of the evidence. Except as inconsistent herewith, the same procedures and provisions of law relating to a forfeiture under the customs laws shall extend to a seizure or forfeiture under this section. The Attorney General may provide for the destruction or other appropriate disposition of any biological agent, toxin, or delivery system seized and forfeited pursuant to this section. (FOOTNOTE 1) So in original. Probably should be capitalized. (c) Affirmative Defense. - It is an affirmative defense against a forfeiture under subsection (a)(1)(B) of this section that - (1) such biological agent, toxin, or delivery system is for a prophylactic, protective, or other peaceful purpose; and (2) such biological agent, toxin, or delivery system, is of a type and quantity reasonable for that purpose. -SOURCE- (Added Pub. L. 101-298, Sec. 3(a), May 22, 1990, 104 Stat. 202.) -REFTEXT- REFERENCES IN TEXT The customs laws, referred to in subsec. (b), are classified generally to Title 19, Customs Duties. ------DocID 23836 Document 78 of 1438------ -CITE- 18 USC Sec. 177 -EXPCITE- TITLE 18 PART I CHAPTER 10 -HEAD- Sec. 177. Injunctions -STATUTE- (a) In General. - The United States may obtain in a civil action an injunction against - (1) the conduct prohibited under section 175 of this title; (2) the preparation, solicitation, attempt, or conspiracy to engage in conduct prohibited under section 175 of this title; or (3) the development, production, stockpiling, transferring, acquisition, retention, or possession, or the attempted development, production, stockpiling, transferring, acquisition, retention, or possession of any biological agent, toxin, or delivery system of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes. (b) Affirmative Defense. - It is an affirmative defense against an injunction under subsection (a)(3) of this section that - (1) the conduct sought to be enjoined is for a prophylactic, protective, or other peaceful purpose; and (2) such biological agent, toxin, or delivery system is of a type and quantity reasonable for that purpose. -SOURCE- (Added Pub. L. 101-298, Sec. 3(a), May 22, 1990, 104 Stat. 202.) ------DocID 23837 Document 79 of 1438------ -CITE- 18 USC Sec. 178 -EXPCITE- TITLE 18 PART I CHAPTER 10 -HEAD- Sec. 178. Definitions -STATUTE- As used in this chapter - (1) the term 'biological agent' means any micro-organism, virus, or infectious substance, capable of causing - (A) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism; (B) deterioration of food, water, equipment, supplies, or material of any kind; or (C) deleterious alteration of the environment; (2) the term 'toxin' means, whatever its origin or method of production - (A) any poisonous substance produced by a living organism; or (B) any poisonous isomer, homolog, or derivative of such a substance; (3) the term 'delivery system' means - (A) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or (B) any vector; and (4) the term 'vector' means a living organism capable of carrying a biological agent or toxin to a host. -SOURCE- (Added Pub. L. 101-298, Sec. 3(a), May 22, 1990, 104 Stat. 202.) ------DocID 23838 Document 80 of 1438------ -CITE- 18 USC CHAPTER 11 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST -MISC1- Sec. 201. Bribery of public officials and witnesses. 202. Definitions. 203. Compensation to Members of Congress, officers and others, (FOOTNOTE 1) in matters affecting the Government. (FOOTNOTE 1) So in original. Does not conform to section catchline. 204. Practice in United States Claims Court or (FOOTNOTE 1) United States Court of Appeals for the Federal Circuit by Members of Congress. 205. Activities of officers and employees in claims against and other matters affecting the Government. 206. Exemption of retired officers of the uniformed services. 207. Restrictions on former officers, employees, and elected officials of the executive and legislative branches. 208. Acts affecting a personal financial interest. 209. Salary of Government officials and employees payable only by United States. 210. Offer to procure appointive public office. 211. Acceptance or solicitation to obtain appointive public office. 212. Offer of loan or gratuity to bank examiner. 213. Acceptance of loan or gratuity by bank examiner. 214. Offer for procurement of Federal Reserve bank loan and discount of commercial paper. 215. Receipt of commissions or gifts for procuring loans. 216. Penalties and injunctions. 217. Acceptance of consideration for adjustment of farm indebtedness. 218. Voiding transactions in violation of chapter; recovery by the United States. 219. Officers and employees acting as agents of foreign principals. (220 to 222. Redesignated.) (223. Repealed.) 224. Bribery in sporting contests. 225. Continuing financial crimes enterprise. AMENDMENTS 1990 - Pub. L. 101-647, title XXV, Sec. 2510(b), title XXXV, Sec. 3509, Nov. 29, 1990, 104 Stat. 4863, 4922, substituted 'to Members' for 'of Members' in item 203, substituted 'United States Claims Court or United States Court of Appeals for the Federal Circuit' for 'Court of Claims' in item 204, and added item 225. 1989 - Pub. L. 101-194, title I, Sec. 101(b), title IV, Sec. 407(b), Nov. 30, 1989, 103 Stat. 1724, 1753, substituted 'Restrictions on former officers, employees, and elected officials of the executive and legislative branches' for 'Disqualification of former officers and employees; disqualification of partners of current officers and employees' in item 207 and added item 216. 1984 - Pub. L. 98-473, title II, Sec. 1107(b), Oct. 12, 1984, 98 Stat. 2146, substituted 'Repealed' for 'Receipt or charge of commissions or gifts for farm loan, land bank, or small business transactions' in item 216. 1978 - Pub. L. 95-521, title V, Sec. 501(b), Oct. 26, 1978, 92 Stat. 1867, struck out 'in matters connected with former duties or official responsibilities' after 'officers and employees' and inserted 'of current officers and employees' after 'partners of' in item 207. 1966 - Pub. L. 89-486, Sec. 8(c)(2), July 4, 1966, 80 Stat. 249, added item 219. 1964 - Pub. L. 88-316, Sec. 1(b), June 6, 1964, 78 Stat. 204, added item 224. 1962 - Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1119, included conflicts of interests in chapter heading, and amended analysis generally to contain items 201 to 218. Prior to amendment, the analysis contained items 201 to 223. 1958 - Pub. L. 85-699, title VII, Sec. 702(d), Aug. 21 1958, 72 Stat. 698, included small business transactions in item 221. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 sections 1942, 2625; title 22 section 3622; title 43 section 1817. ------DocID 23839 Document 81 of 1438------ -CITE- 18 USC Sec. 201 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 201. Bribery of public officials and witnesses -STATUTE- (a) For the purpose of this section - (1) the term 'public official' means Member of Congress, Delegate, or Resident Commissioner, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror; (2) the term 'person who has been selected to be a public official' means any person who has been nominated or appointed to be a public official, or has been officially informed that such person will be so nominated or appointed; and (3) the term 'official act' means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official's official capacity, or in such official's place of trust or profit. (b) Whoever - (1) directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent - (A) to influence any official act; or (B) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or (C) to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person; (2) being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for: (A) being influenced in the performance of any official act; (B) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud on the United States; or (C) being induced to do or omit to do any act in violation of the official duty of such official or person; (3) directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-mentioned person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom; (4) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for being influenced in testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom; shall be fined not more than three times the monetary equivalent of the thing of value, or imprisoned for not more than fifteen years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States. (c) Whoever - (1) otherwise than as provided by law for the proper discharge of official duty - (A) directly or indirectly gives, offers, or promises anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act performed or to be performed by such public official, former public official, or person selected to be a public official; or (B) being a public official, former public official, or person selected to be a public official, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of any official act performed or to be performed by such official or person; (2) directly or indirectly, gives, offers, or promises anything of value to any person, for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or for or because of such person's absence therefrom; (3) directly or indirectly, demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon any such trial, hearing, or other proceeding, or for or because of such person's absence therefrom; shall be fined under this title or imprisoned for not more than two years, or both. (d) Paragraphs (3) and (4) of subsection (b) and paragraphs (2) and (3) of subsection (c) shall not be construed to prohibit the payment or receipt of witness fees provided by law, or the payment, by the party upon whose behalf a witness is called and receipt by a witness, of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing, or proceeding, or in the case of expert witnesses, a reasonable fee for time spent in the preparation of such opinion, and in appearing and testifying. (e) The offenses and penalties prescribed in this section are separate from and in addition to those prescribed in sections 1503, 1504, and 1505 of this title. -SOURCE- (Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1119, and amended Pub. L. 91-405, title II, Sec. 204(d)(1), Sept. 22, 1970, 84 Stat. 853; Pub. L. 99-646, Sec. 46(a)-(l), Nov. 10, 1986, 100 Stat. 3601-3604.) -MISC1- PRIOR PROVISIONS A prior section 201, act June 25, 1948, ch. 645, 62 Stat. 691, prescribed penalties for anyone who offered or gave anything of value to an officer or other person to influence his decisions, prior to the general amendment of this chapter by Pub. L. 87-849, and is substantially covered by revised section 201. Provisions similar to those comprising this section were contained in former sections 201 to 213 of this title, prior to the general amendment of this chapter by Pub. L. 87-849. AMENDMENTS 1986 - Pub. L. 99-646, Sec. 46(l), provided for alignment of margins of each subsection, paragraph, and subparagraph of this section. Subsec. (a). Pub. L. 99-646, Sec. 46(a), substituted 'section - ' for 'section:', designated provision defining 'public official' as par. (1), inserted 'the term' after '(1)', and substituted 'Delegate' for 'Delegate from the District of Columbia', 'after such official has qualified' for 'after he has qualified', and 'juror;' for 'juror; and'; designated provision defining 'person who has been selected to be a public official' as par. (2), inserted 'the term' after '(2)', and substituted 'such person' for 'he'; and designated provision defining 'official act' as par. (3), inserted 'the term' after '(3)', and substituted 'in such official's official capacity, or in such official's' for 'in his official capacity, or in his'. Subsec. (b). Pub. L. 99-646, Sec. 46(b)(1), which directed that subsec. (b) be amended by substituting '(b) Whoever - '(1) directly' for '(b) Whoever directly', was executed by making the substitution for '(b) Whoever, directly' to reflect the probable intent of Congress. Pub. L. 99-646, Sec. 46(e)(5), redesignated the undesignated par. which followed former subsec. (e) as concluding par. of subsec. (b) and substituted 'shall be fined not more than' for 'Shall be fined not more than $20,000 or' and 'thing of value,' for 'thing of value, whichever is greater,'. Subsec. (b)(1). Pub. L. 99-646, Sec. 46(b), redesignated former subsec. (b) as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and realigned their margins, and in subpar. (C) substituted 'the lawful duty of such official or person;' for 'his lawful duty; or', which was executed by making the substitution for 'his lawful duty, or' to reflect the probable intent of Congress. Subsec. (b)(2). Pub. L. 99-646, Sec. 46(c), redesignated former subsec. (c) as par. (2), struck out 'Whoever,' before 'being', substituted 'corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally' for 'corruptly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself', redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and realigned their margins, in subpar. (A) substituted 'the performance' for 'his performance' and struck out 'or' after 'act;', and in subpar. (C) substituted 'the official duty of such official or person;' for 'his official duty; or'. Subsec. (b)(3). Pub. L. 99-646, Sec. 46(d), redesignated former subsec. (d) as par. (3) and substituted 'directly' for 'Whoever, directly' and 'therefrom;' for 'therefrom; or'. Subsec. (b)(4). Pub. L. 99-646, Sec. 46(e), redesignated former subsec. (e) as par. (4), substituted 'directly' for 'Whoever, directly', 'demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally' for 'asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself', 'in testimony' for 'in his testimony', and 'therefrom;' for 'therefrom - '. Subsec. (c). Pub. L. 99-646, Sec. 46(f), (g)(1), (h)(1), (i)(1), redesignated former subsecs. (f) to (i) as subsec. (c)(1)(A), (B), (2), and (3), respectively. Former subsec. (c) redesignated (b)(2). Pub. L. 99-646, Sec. 46(i)(6), redesignated the undesignated par. which followed former subsec. (i) as concluding par. of subsec. (c) and substituted 'shall be fined under this title' for 'Shall be fined not more than $10,000'. Subsec. (c)(1). Pub. L. 99-646, Sec. 46(f), (g), redesignated former subsec. (f) as par. (1) and substituted '(1) otherwise' for ', otherwise' and '(A) directly' for ', directly', redesignated former subsec. (g) as subpar. (B) and substituted 'being' for 'Whoever, being', 'indirectly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally' for 'indirectly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself', and 'by such official or person;' for 'by him; or'. Subsec. (c)(2). Pub. L. 99-646, Sec. 46(h), redesignated former subsec. (h) as par. (2) and substituted 'directly' for 'Whoever, directly' and 'such person's absence therefrom;' for 'his absence therefrom; or'. Subsec. (c)(3). Pub. L. 99-646, Sec. 46(i), redesignated former subsec. (i) as par. (3) and substituted 'directly' for 'Whoever, directly', 'demands, seeks, receives, accepts, or agrees to receive or accept' for 'asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive', 'personally' for 'for himself', 'by such person' for 'by him', and 'such person's absence therefrom;' for 'his absence therefrom - '. Subsec. (d). Pub. L. 99-646, Sec. 46(j), redesignated former subsec. (j) as (d), substituted 'Paragraphs (3) and (4) of subsection (b) and paragraphs (2) and (3) of subsection (c)' for 'Subsections (d), (e), (h), and (i)' and struck out 'involving a technical or professional opinion,' after 'expert witnesses,'. Former subsec. (d) redesignated (b)(3). Subsecs. (e) to (k). Pub. L. 99-646, Sec. 46(f)-(k), redesignated former subsecs. (e) to (k) as (b)(4), (c)(1)(A), (B), (2), (3), (d), and (e), respectively. 1970 - Subsec. (a). Pub. L. 91-405 included Delegate from District of Columbia in definition of 'public official'. EFFECTIVE DATE OF 1986 AMENDMENT Section 46(m) of Pub. L. 99-646 provided that: 'The amendments made by this section (amending this section) shall take effect 30 days after the date of enactment of this Act (Nov. 10, 1986).' EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91-405, set out as an Effective Date note under section 25a of Title 2, The Congress. EFFECTIVE DATE Section 4 of Pub. L. 87-849 provided that: 'This Act (enacting this section and sections 202 to 209 and 218 of this title, redesignating sections 214, 215, 217 to 222 as 210, 211, 212 to 217 of this title respectively, repealing sections 223, 282, 284, 434, and 1914 of this title, and section 99 of former Title 5, Executive Departments and Government Officers and Employees, and enacting provisions set out as notes under section 281 and 282 of this title) shall take effect ninety days after the date of its enactment (Oct. 23, 1962)'. SHORT TITLE OF 1986 AMENDMENT Pub. L. 99-370, Sec. 1, Aug. 4, 1986, 100 Stat. 779, provided that: 'This Act (amending section 215 of this title and enacting provisions set out as a note under section 215 of this title) may be cited as the 'Bank Bribery Amendments Act of 1985'.' -EXEC- EXECUTIVE ORDER NO. 11222 Ex. Ord. No. 11222, May 8, 1965, 30 F.R. 6469, as amended by Ex. Ord. No. 11590, Apr. 23, 1971, 36 F.R. 7831; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12565, Sept. 25, 1986, 51 F.R. 34437, which established standards of ethical conduct for government officers and employees, was revoked by Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees. EXECUTIVE ORDER NO. 12565 Ex. Ord. No. 12565, Sept. 25, 1986, 51 F.R. 34437, which amended Ex. Ord. No. 11222, formerly set out above, and provided confidentiality for financial reports filed pursuant to Ex. Ord. No. 11222, was revoked by Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees. -MISC6- MEMORANDUM OF ATTORNEY GENERAL REGARDING CONFLICT OF INTEREST PROVISIONS OF PUBLIC LAW 87-849, FEB. 1, 1963, 28 F.R. 985 January 28, 1963. Public Law 87-849, 'To strengthen the criminal laws relating to bribery, graft, and conflicts of interest, and for other purposes,' came into force January 21, 1963. A number of departments and agencies of the Government have suggested that the Department of Justice prepare and distribute a memorandum analyzing the conflict of interest provisions contained in the new act. I am therefore distributing the attached memorandum. One of the main purposes of the new legislation merits specific mention. That purpose is to help the Government obtain the temporary or intermittent services of persons with special knowledge and skills whose principal employment is outside the Government. For the most part the conflict of interest statutes superseded by Public Law 87-849 imposed the same restraints on a person serving the Government temporarily or intermittently as on a full-time employee, and those statutes often had an unnecessarily severe impact on the former. As a result, they impeded the departments and agencies in the recruitment of experts for important work. Public Law 87-849 meets this difficulty by imposing a lesser array of prohibitions on temporary and intermittent employees than on regular employees. I believe that a widespread appreciation of this aspect of the new law will lead to a significant expansion of the pool of talent on which the departments and agencies can draw for their special needs. Robert F. Kennedy, Attorney General. MEMORANDUM RE THE CONFLICT OF INTEREST PROVISIONS OF PUBLIC LAW 87-849, 76 STAT. 1119, APPROVED OCTOBER 23, 1962 INTRODUCTION Public Law 87-849, which came into force January 21, 1963, affected seven statutes which applied to officers and employees of the Government and were generally spoken of as the 'conflict of interest' laws. These included six sections of the criminal code, 18 U.S.C. 216, 281, 283, 284, 434 and 1914, and a statute containing no penalties, section 190 of the Revised Statutes (5 U.S.C. 99). Public Law 87-849 (sometimes referred to hereinafter as 'the Act') repealed section 190 and one of the criminal statutes, 18 U.S.C. 216, without replacing them. (FOOTNOTE 1) In addition it repealed and supplanted the other five criminal statutes. It is the purpose of this memorandum to summarize the new law and to describe the principal differences between it and the legislation it has replaced. The Act accomplished its revisions by enacting new sections 203, 205, 207, 208 and 209 of title 18 of the United States Code and providing that they supplant the above-mentioned sections 281, 283, 284, 434 and 1914 of title 18 respectively. (FOOTNOTE 2) It will be convenient, therefore, after summarizing the principal provisions of the new sections, to examine each section separately, comparing it with its precursor before passing to the next. First of all, however, it is necessary to describe the background and provisions of the new 18 U.S.C. 202(a), which has no counterpart among the statutes formerly in effect. SPECIAL GOVERNMENT EMPLOYEES (NEW 18 U.S.C. 202(A)) In the main the prior conflict of interest laws imposed the same restrictions on individuals who serve the Government intermittently or for a short period of time as on those who serve full-time. The consequences of this generalized treatment were pointed out in the following paragraph of the Senate Judiciary Committee report on the bill which became Public Law 87-849: (FOOTNOTE 3) In considering the application of present law in relation to the Government's utilization of temporary or intermittent consultants and advisers, it must be emphasized that most of the existing conflict-of-interest statutes were enacted in the 19th century - that is, at a time when persons outside the Government rarely served it in this way. The laws were therefore directed at activities of regular Government employees, and their present impact on the occasionally needed experts - those whose main work is performed outside the Government - is unduly severe. This harsh impact constitutes an appreciable deterrent to the Government's obtaining needed part-time services. The recruiting problem noted by the Committee generated a major part of the impetus for the enactment of Public Law 87-849. The Act dealt with the problem by creating a category of Government employees termed 'special Government employees' and by excepting persons in this category from certain of the prohibitions imposed on ordinary employees. The new 18 U.S.C. 202(a) defines the term 'special Government employee' to include, among others, officers and employees of the departments and agencies who are appointed or employed to serve, with or without compensation, for not more than 130 days during any period of 365 consecutive days either on a full-time or intermittent basis. SUMMARY OF THE MAIN CONFLICT OF INTEREST PROVISIONS OF PUBLIC LAW 87-849 A regular officer or employee of the Government - that is, one appointed or employed to serve more than 130 days in any period of 365 days - is in general subject to the following major prohibitions (the citations are to the new sections of Title 18): 1. He may not, except in the discharge of his official duties, represent anyone else before a court or Government agency in a matter in which the United States is a party or has an interest. This prohibition applies both to paid and unpaid representation of another (18 U.S.C. 203 and 205). 2. He may not participate in his governmental capacity in any matter in which he, his spouse, minor child, outside business associate or person with whom he is negotiating for employment has a financial interest (18 U.S.C. 208). 3. He may not, after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and in which he participated personally and substantially for the Government (18 U.S.C. 207(a)). 4. He may not, for 1 year after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and which was within the boundaries of his official responsibilities (FOOTNOTE 4) during the last year of his Government service (18 U.S.C. 207(b)). This temporary restraint of course gives way to the permanent restraint described in paragraph 3 if the matter is one in which he participated personally and substantially. 5. He may not receive any salary, or supplementation of his Government salary, from a private source as compensation for his services to the Government (18 U.S.C. 209). A special Government employee is in general subject only to the following major prohibitions: 1. (a) He may not, except in the discharge of his official duties, represent anyone else before a court or Government agency in a matter in which the United States is a party or has in interest and in which he has at any time participated personally and substantially for the Government (18 U.S.C. 203 and 205). (b) He may not, except in the discharge of his official duties, represent anyone else in a matter pending before the agency he serves unless he has served there no more than 60 days during the past 365 (18 U.S.C. 203 and 205). He is bound by this restraint despite the fact that the matter is not one in which he has ever participated personally and substantially. The restrictions described in subparagraphs (a) and (b) apply to both paid and unpaid representation of another. These restrictions in combination are, of course, less extensive than the one described in the corresponding paragraph 1 in the list set forth above with regard to regular employees. 2. He may not participate in his governmental capacity in any matter in which he, his spouse, minor child, outside business associate or person with whom he is negotiating for employment has a financial interest (18 U.S.C. 208). 3. He may not, after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and in which he participated personally and substantially for the Government (18 U.S.C. 207(a)). 4. He may not, for 1 year after his Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and which was within the boundaries of his official responsibility during the last year of his Government service (18 U.S.C. 207(b)). This temporary restraint of course gives way to the permanent restriction described in paragraph 3 if the matter is one in which he participated personally and substantially. It will be seen that paragraphs 2, 3, and 4 for special Government employees are the same as the corresponding paragraphs for regular employees. Paragraph 5 for the latter, describing the bar against the receipt of salary for Government work from a private source, does not apply to special Government employees. As appears below, there are a number of exceptions to the prohibitions summarized in the two lists. COMPARISON OF OLD AND NEW CONFLICT OF INTEREST SECTIONS OF TITLE 18, UNITED STATES CODE New 18 U.S.C. 203. Subsection (a) of this section in general prohibits a Member of Congress and an officer or employee of the United States in any branch or agency of the Government from soliciting or receiving compensation for services rendered on behalf of another person before a Government department or agency in relation to any particular matter in which the United States is a party or has a direct and substantial interest. The subsection does not preclude compensation for services rendered on behalf of another in court. Subsection (a) is essentially a rewrite of the repealed portion of 18 U.S.C. 281. However, subsections (b) and (c) have no counterparts in the previous statutes. Subsection (b) makes it unlawful for anyone to offer or pay compensation the solicitation or receipt of which is barred by subsection (a). Subsection (c) narrows the application of subsection (a) in the case of a person serving as a special Government employee to two, and only two, situations. First, subsection (c) bars him from rendering services before the Government on behalf of others, for compensation, in relation to a matter involving a specific party or parties in which he has participated personally and substantially in the course of his Government duties. And second, it bars him from such activities in relation to a matter involving a specific party or parties, even though he has not participated in the matter personally and substantially, if it is pending in his department or agency and he has served therein more than 60 days in the immediately preceding period of a year. New 18 U.S.C. 205. This section contains two major prohibitions. The first prevents an officer or employee of the United States in any branch or agency of the Government from acting as agent or attorney for prosecuting any claim against the United States, including a claim in court, whether for compensation or not. It also prevents him from receiving a gratuity, or a share or interest in any such claim, for assistance in the prosecution thereof. This portion of section 205 is similar to the repealed portion of 18 U.S.C. 283, which dealt only with claims against the United States, but it omits a bar contained in the latter - i.e., a bar against rendering uncompensated aid or assistance in the prosecution or support of a claim against the United States. The second main prohibition of section 205 is concerned with more than claims. It precludes an officer or employee of the Government from acting as agent or attorney for anyone else before a department, agency or court in connection with any particular matter in which the United States is a party or has a direct and substantial interest. Section 205 provides for the same limited application to a special Government employee as section 203. In short, it precludes him from acting as agent or attorney only (1) in a matter involving a specific party or parties in which he has participated personally and substantially in his governmental capacity, and (2) in a matter involving a specific party or parties which is before his department or agency, if he has served therein more than 60 days in the year past. Since new sections 203 and 205 extend to activities in the same range of matters, they overlap to a greater extent than did their predecessor sections 281 and 283. The following are the few important differences between sections 203 and 205: 1. Section 203 applies to Members of Congress as well as officers and employees of the Government; section 205 applies only to the latter. 2. Section 203 bars services rendered for compensation solicited or received, but not those rendered without such compensation; section 205 bars both kinds of services. 3. Section 203 bars services rendered before the departments and agencies but not services rendered in court; section 205 bars both. It will be seen that while section 203 is controlling as to Members of Congress, for all practical purposes section 205 completely overshadows section 203 in respect of officers and employees of the Government. Section 205 permits a Government officer or employee to represent another person, without compensation, in a disciplinary, loyalty or other personnel matter. Another provision declares that the section does not prevent an officer or employee from giving testimony under oath or making statements required to be made under penalty for perjury or contempt. (FOOTNOTE 5) Section 205 also authorizes a limited waiver of its restrictions and those of section 203 for the benefit of an officer or employee, including a special Government employee, who represents his own parents, spouse or child, or a person or estate he serves as a fiduciary. The waiver is available to the officer or employee, whether acting for any such person with or without compensation, but only if approved by the official making appointments to his position. And in no event does the waiver extend to his representation of any such person in matters in which he has participated personally and substantially or which, even in the absence of such participation, are the subject of his official responsibility. Finally, section 205 gives the head of a department or agency the power, notwithstanding any applicable restrictions in its provisions or those of section 203, to allow a special Government employee to represent his regular employer or other outside organization in the performance of work under a Government grant or contract. However, this action is open to the department or agency head only upon his certification, published in the Federal Register, that the national interest requires it. New 18 U.S.C. 207. Subsections (a) and (b) of this section contain post-employment prohibitions applicable to persons who have ended service as officers or employees of the executive branch, the independent agencies or the District of Columbia. (FOOTNOTE 6) The prohibitions for persons who have served as special Government employees are the same as for persons who have performed regular duties. The restraint of subsection (a) is against a former officer or employee's acting as agent or attorney for anyone other than the United States in connection with certain matters, whether pending in the courts or elsewhere. The matters are those involving a specific party or parties in which the United States is one of the parties or has a direct and substantial interest and in which the former officer or employee participated personally and substantially while holding a Government position. Subsection (b) sets forth a 1-year postemployment prohibition in respect of those matters which were within the area of official responsibility of a former officer or employee at any time during the last year of his service but which do not come within subsection (a) because he did not participate in them personally and substantially. More particularly, the prohibition of subsection (b) prevents his personal appearance in such matters before a court or a department or agency of the Government as agent or attorney for anyone other than the United States. (FOOTNOTE 7) Where, in the year prior to the end of his service, a former officer or employee has changed areas of responsibility by transferring from one agency to another, the period of his postemployment ineligibility as to matters in a particular area ends 1 year after his responsibility for that area ends. For example, if an individual transfers from a supervisory position in the Internal Revenue Service to a supervisory position in the Post Office Department and leaves that department for private employment 9 months later, he will be free of the restriction of subsection (b) in 3 months insofar as Internal Revenue matters are concerned. He will of course be bound by it for a year in respect of Post Office Department matters. The proviso following subsections (a) and (b) authorizes an agency head, notwithstanding anything to the contrary in their provisions, to permit a former officer or employee with outstanding scientific qualifications to act as attorney or agent or appear personally before the agency for another in a matter in a scientific field. This authority may be exercised by the agency head upon a 'national interest' certification published in the Federal Register. Subsections (a) and (b) describe the activities they forbid as being in connection with 'particular matter(s) involving a specific party or parties' in which the former officer or employee had participated. The quoted language does not include general rulemaking, the formulation of general policy or stand-ards, or other similar matters. Thus, past participation in or official responsibility for a matter of this kind on behalf of the Government does not disqualify a former employee from representing another person in a proceeding which is governed by the rule or other result of such matter. Subsection (a) bars permanently a greater variety of actions than subsection (b) bars temporarily. The conduct made unlawful by the former is any action as agent or attorney, while that made unlawful by the latter is a personal appearance as agent or attorney. However, neither subsection precludes postemployment activities which may fairly be characterized as no more than aiding or assisting another. (FOOTNOTE 8) An individual who has left an agency to accept private employment may, for example, immediately perform technical work in his company's plant in relation to a contract for which he had official responsibility - or, for that matter, in relation to one he helped the agency negotiate. On the other hand, he is forbidden for a year, in the first case, to appear personally before the agency as the agent or attorney of his company in connection with a dispute over the terms of the contract. And he may at no time appear personally before the agency or otherwise act as agent or attorney for his company in such dispute if he helped negotiate the contract. Comparing subsection (a) with the antecedent 18 U.S.C. 284 discloses that it follows the latter in limiting disqualification to cases where a former officer or employee actually participated in a matter for the Government. However, subsection (a) covers all matters in which the United States is a party or has a direct and substantial interest and not merely the 'claims against the United States' covered by 18 U.S.C. 284. Subsection (a) also goes further than the latter in imposing a lifetime instead of a 2-year bar. Subsection (b) has no parallel in 18 U.S.C. 284 or any other provision of the former conflict of interest statutes. It will be seen that subsections (a) and (b) in combination are less restrictive in some respects, and more restrictive in others, than the combination of the prior 18 U.S.C. 284 and 5 U.S.C. 99. Thus, former officers or employees who were outside the Government when the Act came into force on January 21, 1963, will in certain situations be enabled to carry on activities before the Government which were previously barred. For example, the repeal of 5 U.S.C. 99 permits an attorney who left an executive department for private practice a year before to take certain cases against the Government immediately which would be subject to the bar of 5 U.S.C. 99 for another year. On the other hand, former officers or employees became precluded on and after January 21, 1963 from engaging or continuing to engage in certain activities which were permissible until that date. This result follows from the replacement of the 2-year bar of 18 U.S.C. 284 with a lifetime bar of subsection (a) in comparable situations, from the increase in the variety of matters covered by subsection (a) as compared with 18 U.S.C. 284 and from the introduction of the 1-year bar of subsection (b). Subsection (c) of section 207 pertains to an individual outside the Government who is in a business or professional partnership with someone serving in the executive branch, an independent agency or the District of Columbia. The subsection prevents such individual from acting as attorney or agent for anyone other than the United States in any matter, including those in court, in which his partner in the Government is participating or has participated or which are the subject of his partner's official responsibility. Although included in a section dealing largely with post-employment activities, this provision is not directed to the postemployment situation. The paragraph at the end of section 207 also pertains to individuals in a partnership but sets forth no prohibition. This paragraph, which is of importance mainly to lawyers in private practice, rules out the possibility that an individual will be deemed subject to section 203, 205, 207(a) or 207(b) solely because he has a partner who serves or has served in the Government either as a regular or a special Government employee. New 18 U.S.C. 208. This section forbids certain actions by an officer or employee of the Government in his role as a servant or representative of the Government. Its thrust is therefore to be distinguished from that of sections 203 and 205 which forbid certain actions in his capacity as a representative of persons outside the Government. Subsection (a) in substance requires an officer or employee of the executive branch, an independent agency or the District of Columbia, including a special Government employee, to refrain from participating as such in any matter in which, to his knowledge, he, his spouse, minor child or partner has a financial interest. He must also remove himself from a matter in which a business or nonprofit organization with which he is connected or is seeking employment has a financial interest. Subsection (b) permits the agency of an officer or employee to grant him an ad hoc exemption from subsection (a) if the outside financial interest in a matter is deemed not substantial enough to have an effect on the integrity of his services. Financial interests of this kind may also be made nondisqualifying by a general regulation published in the Federal Register. Section 208 is similar in purpose to the former 18 U.S.C. 434 but prohibits a greater variety of conduct than the 'transaction of business with * * * (a) business entity' to which the prohibition of section 434 was limited. In addition, the provision in section 208 including the interests of a spouse and others is new, as is the provision authorizing exemptions for insignificant interest. New 18 U.S.C. 209. Subsection (a) prevents an officer or employee of the executive branch, an independent agency or the District of Columbia from receiving, and anyone from paying him, any salary or supplementation of salary from a private source as compensation for his services to the Government. This provision uses much of the language of the former 18 U.S.C. 1914 and does not vary from that statute in substance. The remainder of section 209 is new. Subsection (b) specifically authorizes an officer or employee covered by subsection (a) to continue his participation in a bona fide pension plan or other employee welfare or benefit plan maintained by a former employer. Subsection (c) provides that section 209 does not apply to a special Government employee or to anyone serving the Government without compensation whether or not he is a special Government employee. Subsection (d) provides that the section does not prohibit the payment or acceptance of contributions, awards or other expenses under the terms of the Government Employees Training Act. (72 Stat. 327, 5 U.S.C. 2301-2319). STATUTORY EXEMPTIONS FROM CONFLICT OF INTEREST LAWS Congress has in the past enacted statutes exempting persons in certain positions - usually advisory in nature - from the provisions of some or all of the former conflict of interest laws. Section 2 of the Act grants corresponding exemptions from the new laws with respect to legislative and judicial positions carrying such past exemptions. However, section 2 excludes positions in the executive branch, an independent agency and the District of Columbia from this grant. As a consequence, all statutory exemptions for persons serving in these sectors of the Government ended on January 21, 1963. RETIRED OFFICERS OF THE ARMED FORCES Public Law 87-849 enacted a new 18 U.S.C. 206 which provides in general that the new sections 203 and 205, replacing 18 U.S.C. 281 and 283, do not apply to retired officers of the armed forces and other uniformed services. However, 18 U.S.C. 281 and 283 contain special restrictions applicable to retired officers of the armed forces which are left in force by the partial repealer of those statutes set forth in section 2 of the Act. The former 18 U.S.C. 284, which contained a 2-year disqualification against postemployment activities in connection with claims against the United States, applied by its terms to persons who had served as commissioned officers and whose active service had ceased either by reason of retirement or complete separation. Its replacement, the broader 18 U.S.C. 207, also applies to persons in those circumstances. Section 207, therefore applies to retired officers of the armed forces and overlaps the continuing provisions of 18 U.S.C. 281 and 283 applicable to such officers although to a different extent than did 18 U.S.C. 284. VOIDING TRANSACTIONS IN VIOLATION OF THE CONFLICT OF INTEREST OR BRIBERY LAWS Public Law 87-849 enacted a new section, 18 U.S.C. 218, which did not supplant a pre-existing section of the criminal code. However, it was modeled on the last sentence of the former 18 U.S.C. 216 authorizing the President to declare a Government contract void which was entered into in violation of that section. It will be recalled that section 216 was one of the two statutes repealed without replacement. The new 18 U.S.C. 218 grants the President and, under Presidential regulations, an agency head the power to void and rescind any transaction or matter in relation to which there has been a 'final conviction' for a violation of the conflict of interest or bribery laws. The section also authorizes the Government's recovery, in addition to any penalty prescribed by law or in a contract, of the amount expended or thing transferred on behalf of the Government. Section 218 specifically provides that the powers it grants are 'in addition to any other remedies provided by law.' Accordingly, it would not seem to override the decision in United States v. Mississippi Valley Generating Co., 364 U.S. 520 (1961), a case in which there was no 'final conviction.' BIBLIOGRAPHY Set forth below are the citations to the legislative history of Public Law 87-849 and a list of recent material which is pertinent to a study of the act. The listed 1960 report of the Association of the Bar of the City of New York is particularly valuable. For a comprehensive bibliography of earlier material relating to the conflict of interest laws, see 13 Record of the Association of the Bar of the City of New York 323 (May 1958). LEGISLATIVE HISTORY OF PUBLIC LAW 87-849 (H.R. 8140, 87TH CONG.) 1. Hearings of June 1 and 2, 1961, before the Antitrust Subcommittee (Subcommittee No. 5) of the House Judiciary Committee, 87th Cong., 1st sess., ser. 3, on Federal Conflict of Interest Legislation. 2. H. Rept. 748, 87th Cong., 1st sess. 3. 107 Cong., Rec. 14774. 4. Hearing of June 21, 1962, before the Senate Judiciary Committee, 87th Cong., 2d sess., on Conflicts of Interest. 5. S. Rept. 2213, 87th Cong., 2d sess. 6. 108 Cong. Rec. 20805 and 21130 (daily ed., October 3 and 4, 1962). OTHER MATERIAL 1. President's special message to Congress, April 27, 1961, and attached draft bill, 107 Cong. Rec. 6835. 2. President's Memorandum of February 9, 1962, to the heads of executive departments and agencies entitled Preventing Conflicts of Interest on the Part of Advisers and Consultants to the Government, 27 F.R. 1341. 3. 42 Op. A.G. No. 6, January 31, 1962. 4. Memorandum of December 10, 1956, for the Attorney General from the Office of Legal Counsel re conflict of interest statutes, Hearings before the Antitrust Subcommittee (Subcommittee No. 5) of House Judiciary Committee, 86th Cong., 2d sess., ser. 17, pt. 2, p. 619. 5. Staff report of Antitrust Subcommittee (Subcommittee No. 5) of House Judiciary Committee, 85th Cong., 2d sess., Federal Conflict of Interest Legislation (Comm. Print 1958). 6. Report of the Association of the Bar of the City of New York, Conflict of Interest and Federal Service (Harvard Univ. Press 1960). FOOTNOTES (FOOTNOTE 1) Section 190 of the Revised Statutes (5 U.S.C. 99), which was repealed by section 3 of Public Law 87-849, applied to a former officer or employee of the Government who had served in a department of the executive branch. It prohibited him, for a period of two years after his employment had ceased, from representing anyone in the prosecution of a claim against the United States which was pending in that or any other executive department during his period of employment. The subject of post-employment activities of former Government officers and employees was also dealt with in another statute which was repealed, 18 U.S.C. 284. Public Law 87-849 covers the subject in a single section enacted as the new 18 U.S.C. 207. 18 U.S.C. 216, which was repealed by section 1(c) of Public Law 87-849, prohibited the payment to or acceptance by a Member of Congress or officer or employee of the Government of any money or thing of value for giving or procuring a Government contract. Since this offense is within the scope of the newly enacted 18 U.S.C. 201 and 18 U.S.C. 203, relating to bribery and conflicts of interest, respectively, section 216 is no longer necessary. (FOOTNOTE 2) See section 2 of Public Law 87-849. 18 U.S.C. 281 and 18 U.S.C. 283 were not completely set aside by section 2 but remain in effect to the extent that they apply to retired officers of the Armed Forces (see 'Retired Officers of the Armed Forces,' infra). (FOOTNOTE 3) S. Rept. 2213, 87th Cong., 2d sess., p. 6. (FOOTNOTE 4) The term 'official responsibility' is defined by the new 18 U.S.C. 202(b) to mean '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.' (FOOTNOTE 5) These two provisions of section 205 refer to an 'officer or employee' and not, as do certain of the other provisions of the Act, to an 'officer or employee, including a special Government employee.' However, it is plain from the definition in section 202(a) that a special Government employee is embraced within the comprehensive term 'officer or employee.' There would seem to be little doubt, therefore, that the instant provisions of section 205 apply to special Government employees even in the absence of an explicit reference to them. (FOOTNOTE 6) The prohibitions of the two subsections apply to persons ending service in these areas whether they leave the Government entirely or move to the legislative or judicial branch. As a practical matter, however, the prohibitions would rarely be significant in the latter situation because officers and employees of the legislative and judicial branches are covered by sections 203 and 205. (FOOTNOTE 7) Neither section 203 nor section 205 prevents a special Government employee, during his period of affiliation with the Government, from representing another person before the Government in a particular matter only because it is within his official responsibility. Therefore the inclusion of a former special Government employee within the 1-year postemployment ban of subsection (b) may subject him to a temporary restraint from which he was free prior to the end of his Government service. However, since special Government employees usually do not have 'official responsibility,' as that term is defined in section 202(b), their inclusion within the 1-year ban will not have a widespread effect. (FOOTNOTE 8) Subsection (a), as it first appeared in H.R. 8140, the bill which became Public Law 87-849, made it unlawful for a former officer or employee to act as agent or attorney for, or aid or assist, anyone in a matter in which he had participated. The House Judiciary Committee struck the underlined words, and the bill became law without them. It should be noted also that the repealed provisions of 18 U.S.C. 283 made the distinction between one's acting as agent or attorney for another and his aiding or assisting another. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Contracts by Members of Congress, see section 431 of this title. Customs, penal provisions relating to entry of goods, see section 541 et seq. of this title. Demand or acceptance of gift, fee or illegal payment by revenue officer or agent, see section 7214 of Title 26, Internal Revenue Code. Disqualification from holding any office of honor, trust, or profit, additional grounds for, see sections 592, 593, 1901, 2071, 2381, 2385, 2387 of this title. Wire or oral communications, authorization for interception, to provide evidence of offenses under this section, see section 2516 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 1961, 2516 of this title; title 7 section 84; title 12 sections 1441a, 2245; title 15 section 4805; title 28 section 656. ------DocID 23840 Document 82 of 1438------ -CITE- 18 USC Sec. 202 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 202. Definitions -STATUTE- (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, 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 section 29(c) and (d) (FOOTNOTE 1) of the Act of August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r(c) and (d)), a Reserve officer of the Armed Forces, 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. A Reserve officer of the Armed Forces or an officer of the National Guard of the United States 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. A Reserve officer of the Armed Forces or an officer of the National Guard of the United States 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. (FOOTNOTE 1) See References in Text note below. (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 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) the Congress; and (B) the Office 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. -SOURCE- (Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1121, and amended Pub. L. 90-578, title III, Sec. 301(b), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 100-191, Sec. 3(a), Dec. 15, 1987, 101 Stat. 1306; Pub. L. 101-194, title IV, Sec. 401, Nov. 30, 1989, 103 Stat. 1747; Pub. L. 101-280, Sec. 5(a), May 4, 1990, 104 Stat. 158.) -REFTEXT- REFERENCES IN TEXT Section 29(c) and (d) of the Act of August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r(c) and (d)), referred to in subsec. (a), was repealed and the provisions thereof were reenacted as sections 502, 2105(d), and 5534, of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 278. -MISC2- 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. AMENDMENTS 1990 - Subsec. (c). Pub. L. 101-280, Sec. 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, Sec. 5(a)(2), substituted 'means' for 'shall include'. Subsec. (e)(1). Pub. L. 101-280, Sec. 5(a)(3)(1), substituted 'includes each' for 'means any'. Subsec. (e)(3)(A). Pub. L. 101-280, Sec. 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, Sec. 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'. -CHANGE- CHANGE OF NAME Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. -MISC4- 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 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. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Memorandum of Attorney General regarding conflict of interest provisions, see note under section 201 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title; title 5 section 588; title 12 section 2245; title 15 sections 3710d, 4805; title 22 sections 3507, 3508; title 26 sections 1043, 4946; title 28 sections 594, 656, 995; title 40 App. section 108. ------DocID 23841 Document 83 of 1438------ -CITE- 18 USC Sec. 203 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 203. Compensation to Members of Congress, officers, and others in matters affecting the Government -STATUTE- (a) Whoever, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly - (1) demands, seeks, receives, accepts, or agrees to receive or accept any compensation for any representational services, as agent or attorney or otherwise, rendered or to be rendered either personally or by another - (A) at a time when such person is a Member of Congress, Member of Congress Elect, Delegate, Delegate Elect, Resident Commissioner, or Resident Commissioner Elect; or (B) at a time when such person is an officer or employee or Federal judge of the United States in the executive, legislative, or judicial branch of the Government, or in any agency of the United States, in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest, before any department, agency, court, court-martial, officer, or any civil, military, or naval commission; or (2) knowingly gives, promises, or offers any compensation for any such representational services rendered or to be rendered at a time when the person to whom the compensation is given, promised, or offered, is or was such a Member, Member Elect, Delegate, Delegate Elect, Commissioner, Commissioner Elect, Federal judge, officer, or employee; shall be subject to the penalties set forth in section 216 of this title. (b) Whoever, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly - (1) demands, seeks, receives, accepts, or agrees to receive or accept any compensation for any representational services, as agent or attorney or otherwise, rendered or to be rendered either personally or by another, at a time when such person is an officer or employee of the District of Columbia, in relation to any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the District of Columbia is a party or has a direct and substantial interest, before any department, agency, court, officer, or commission; or (2) knowingly gives, promises, or offers any compensation for any such representational services rendered or to be rendered at a time when the person to whom the compensation is given, promised, or offered, is or was an officer or employee of the District of Columbia; shall be subject to the penalties set forth in section 216 of this title. (c) A special Government employee shall be subject to subsections (a) and (b) only in relation to a particular matter involving a specific party or parties - (1) in which such employee has at any time participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise; or (2) which is pending in the department or agency of the Government in which such employee is serving except that paragraph (2) of this subsection shall not apply in the case of a special Government employee who has served in such department or agency no more than sixty days during the immediately preceding period of three hundred and sixty-five consecutive days. (d) Nothing in this section prevents an officer or employee, including a special Government employee, from acting, with or without compensation, as agent or attorney for or otherwise representing his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except - (1) in those matters in which he has participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or (2) in those matters that are the subject of his official responsibility, subject to approval by the Government official responsible for appointment to his position. (e) Nothing in this section prevents a special Government employee from acting as agent or attorney for another person in the performance of work under a grant by, or a contract with or for the benefit of, the United States if the head of the department or agency concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the Federal Register. (f) Nothing in this section prevents an individual from giving testimony under oath or from making statements required to be made under penalty of perjury. -SOURCE- (Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1121, and amended Pub. L. 91-405, title II, Sec. 204(d)(2), (3), Sept. 22, 1970, 84 Stat. 853; Pub. L. 99-646, Sec. 47(a), Nov. 10, 1986, 100 Stat. 3604; Pub. L. 101-194, title IV, Sec. 402, Nov. 30, 1989, 103 Stat. 1748; Pub. L. 101-280, Sec. 5(b), May 4, 1990, 104 Stat. 159.) -MISC1- PRIOR PROVISIONS A prior section 203, act June 25, 1948, ch. 645, 62 Stat. 692, related to the acceptance or demand by district attorneys, or marshals and their assistants of any fee other than provided by law, prior to the general amendment of this chapter by Pub. L. 87-849 and is substantially covered by revised section 201. Provisions similar to those comprising this section were contained in section 281 of this title prior to the repeal of such section and the general amendment of this chapter by Pub. L. 87-849. AMENDMENTS 1990 - Subsec. (a)(1)(B). Pub. L. 101-280, Sec. 5(b)(1), inserted 'or Federal judge' after 'employee'. Subsec. (a)(2). Pub. L. 101-280, Sec. 5(b)(2), inserted 'Commissioner Elect, Federal judge,' after 'Commissioner,'. Subsec. (b)(2). Pub. L. 101-280, Sec. 5(b)(3), inserted 'representational' before 'services'. Subsec. (d)(1). Pub. L. 101-280, Sec. 5(b)(4), substituted 'Government employee or as a special Government employee' for 'Government employee,'. Subsec. (f). Pub. L. 101-280, Sec. 5(b)(5), added subsec. (f). 1989 - Subsec. (a). Pub. L. 101-194, Sec. 402(3), in concluding provisions, substituted 'shall be subject to the penalties set forth in section 216 of this title' for 'shall be fined under this title or imprisoned for not more than two years, or both; and shall be incapable of holding any office of honor, trust, or profit under the United States'. Subsec. (a)(1). Pub. L. 101-194, Sec. 402(1), (2), (7), in introductory provisions, substituted 'representational services, as agent or attorney or otherwise,' for 'services', in concluding provisions, inserted 'court,' after 'department, agency,' and in subpar. (B), struck out 'including the District of Columbia,' after 'agency of the United States'. Subsec. (a)(2). Pub. L. 101-194, Sec. 402(4)-(6), inserted 'representational' before 'services', 'Member Elect,' after 'Member,' and 'Delegate Elect,' after 'Delegate,'. Subsec. (b). Pub. L. 101-194, Sec. 402(9), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 101-194, Sec. 402(8), redesignated subsec. (b) as (c) and substituted 'subsections (a) and (b)' for 'subsection (a)'. Subsecs. (d), (e). Pub. L. 101-194, Sec. 402(10), added subsecs. (d) and (e). 1986 - Pub. L. 99-646, Sec. 47(a)(3)(D), provided for alignment of margins of each subsection, paragraph, and subparagraph of this section. Subsec. (a). Pub. L. 99-646, Sec. 47(a)(1), (2), substituted 'indirectly - ' for 'indirectly' in introductory provisions, redesignated the undesignated par. which followed former subsec. (b) as concluding par. of subsec. (a), and substituted 'shall be fined under this title' for 'Shall be fined not more than $10,000'. Subsec. (a)(1). Pub. L. 99-646, Sec. 47(a)(1), substituted '(1) demands, seeks, receives, accepts, or agrees to receive or accept any' for 'receives or agrees to receive, or asks, demands, solicits, or seeks, any' and 'personally or by' for 'by himself or', redesignated former par. (1) as subpar. (A) and substituted 'such person' for 'he' and 'Delegate, Delegate Elect' for 'Delegate from the District of Columbia, Delegate Elect from the District of Columbia', redesignated former par. (2) as subpar. (B) and substituted 'such person' for 'he', and in closing provisions substituted 'commission; or' for 'commission, or'. Subsec. (a)(2). Pub. L. 99-646, Sec. 47(a)(2), redesignated former subsec. (b) as par. (2) and substituted 'knowingly gives' for 'Whoever, knowingly, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly gives' and 'employee;' for 'employee - '. Subsecs. (b), (c). Pub. L. 99-646, Sec. 47(a)(3), (4), redesignated former subsec. (c) as (b) and substituted 'parties - ' for 'parties', 'such employee' for 'he', 'otherwise; or' for 'otherwise, or', and 'in which such employee is serving except that paragraph (2) of this subsection' for 'in which he is serving: Provided, That clause (2)'. Former subsec. (b) redesignated (a)(2). 1970 - Subsec. (a)(1). Pub. L. 91-405, Sec. 204(d)(2), included references to Delegate from District of Columbia and Delegate Elect from District of Columbia. Subsec. (b). Pub. L. 91-405, Sec. 204(d)(3), included reference to Delegate. EFFECTIVE DATE OF 1986 AMENDMENT Section 47(b) of Pub. L. 99-646 provided that: 'The amendments made by this section (amending this section) shall take effect 30 days after the date of enactment of this Act (Nov. 10, 1986).' EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91-405, set out as an Effective Date note under section 25a of Title 2, The Congress. 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. -TRANS- DELEGATION OF AUTHORITY Authority of President under subsec. (d) of this section to grant exemptions or approvals to individuals delegated to agency heads, see section 401 of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees. Authority of President under subsec. (d) of this section to grant exemptions or approvals for Presidential appointees to committees, commissions, boards, or similar groups established by the President, and for individuals appointed pursuant to sections 105 and 107(a) of Title 3, The President, delegated to Counsel to President, see section 402 of Ex Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5. -MISC5- EXEMPTIONS Section 2 of Pub. L. 87-849 provided in part that: 'All exemptions from the provisions of sections 281, 282, 283, 284, 434, or 1914 of title 18 of the United States Code heretofore created or authorized by statute which are in force on the effective date of this Act (see Effective Date note under section 201 of this title) shall, on and after that date, be deemed to be exemptions from sections 203, 204, 205, 207, 208, or 209, respectively, of title 18 of the United States Code except to the extent that they affect officers or employees of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, as to whom they are no longer applicable.' PRIVATE SECTOR REPRESENTATIVES ON UNITED STATES DELEGATIONS TO INTERNATIONAL TELECOMMUNICATIONS MEETINGS AND CONFERENCES Pub. L. 97-241, title I, Sec. 120, Aug. 24, 1982, 96 Stat. 280, provided that: '(a) Sections 203, 205, 207, and 208 of title 18, United States Code, shall not apply to a private sector representative on the United States delegation to an international telecommunications meeting or conference who is specifically designated to speak on behalf of or otherwise represent the interests of the United States at such meeting or conference with respect to a particular matter, if the Secretary of State (or the Secretary's designee) certifies that no Government employee on the delegation is as well qualified to represent United States interests with respect to such matter and that such designation serves the national interest. All such representatives shall have on file with the Department of State the financial disclosure report required for special Government employees. '(b) As used in this section, the term 'international telecommunications meeting or conference' means the conferences of the International Telecommunications Union, meetings of its International Consultative Committees for Radio and for Telephone and Telegraph, and such other international telecommunications meetings or conferences as the Secretary of State may designate.' -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Activities of officers and employees in matters affecting the Government, see section 205 of this title. Definitions, see section 202 of this title. Disqualification from holding any office of honor, trust, or profit, additional grounds for, see sections 201, 592, 593, 1901, 2071, 2381, 2385, 2387 of this title. Exemption of retired officers of the uniformed services, see section 206 of this title. Extortion by Government officers or employees, see section 872 of this title. Lobbying with appropriated moneys, see section 1913 of this title. Memorandum of Attorney General regarding conflict of interest provisions, see note under section 201 of this title. Political contributions, solicitation of, see section 602 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 202, 206, 216 of this title; title 5 sections 588, 3374; title 12 section 2245; title 15 section 4805; title 16 section 459b-7; title 22 sections 3507, 3508; title 28 sections 594, 656; title 30 section 663; title 38 section 3402; title 40 App. section 108; title 42 sections 1314, 1975d; title 50 section 405; title 50 App. section 463. ------DocID 23842 Document 84 of 1438------ -CITE- 18 USC Sec. 204 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 204. Practice in United States Claims Court or the United States Court of Appeals for the Federal Circuit by Members of Congress -STATUTE- Whoever, being a Member of Congress or Member of Congress Elect, practices in the United States Claims Court or the United States Court of Appeals for the Federal Circuit shall be subject to the penalties set forth in section 216 of this title. -SOURCE- (Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1122, and amended Pub. L. 91-405, title II, Sec. 204(d)(2), Sept. 22, 1970, 84 Stat. 853; Pub. L. 97-164, title I, Sec. 147, Apr. 2, 1982, 96 Stat. 45; Pub. L. 101-194, title IV, Sec. 403, Nov. 30, 1989, 103 Stat. 1749.) -MISC1- PRIOR PROVISIONS A prior section 204, act June 25, 1948, ch. 645, 62 Stat. 692, related to an offer to influence a Member of Congress, prior to the general amendment of this chapter by Pub. L. 87-849 and is substantially covered by revised section 201. Provisions similar to this section were contained in former section 282 of this title prior to the repeal of such section and the general amendment of this chapter by Pub. L. 87-849. AMENDMENTS 1989 - Pub. L. 101-194 amended section generally. Prior to amendment, section read as follows: 'Whoever, being a Member of Congress, Member of Congress Elect, Delegate from the District of Columbia, Delegate Elect from the District of Columbia, Resident Commissioner, or Resident Commissioner Elect, practices in the United States Claims Court or the United States Court of Appeals for the Federal Circuit, shall be fined not more than $10,000 or imprisoned for not more than two years, or both, and shall be incapable of holding any office of honor, trust, or profit under the United States.' 1982 - Pub. L. 97-164 substituted 'United States Claims Court or the United States Court of Appeals for the Federal Circuit' for 'Court of Claims'. 1970 - Pub. L. 91-405 included references to Delegate from District of Columbia and Delegate Elect from District of Columbia. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91-405, set out as an Effective Date note under section 25a of Title 2, The Congress. 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. EXEMPTIONS Exemptions from former section 282 of this title deemed to be exemptions from this section, see section 2 of Pub. L. 87-849, set out as a note under section 203 of this title. -CROSS- CROSS REFERENCES Disqualification from holding any office of honor, trust, or profit, additional grounds for, see sections 201, 203, 592, 593, 1901, 2071, 2381, 2385, 2387 of this title. Memorandum of Attorney General regarding conflict of interest provisions, see note under section 201 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 202, 216 of this title; title 5 section 588; title 28 sections 594, 656; title 40 App. section 108. ------DocID 23843 Document 85 of 1438------ -CITE- 18 USC Sec. 205 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 205. Activities of officers and employees in claims against and other matters affecting the Government -STATUTE- (a) Whoever, being an officer or employee of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, other than in the proper discharge of his official duties - (1) acts as agent or attorney for prosecuting any claim against the United States, or receives any gratuity, or any share of or interest in any such claim, in consideration of assistance in the prosecution of such claim; or (2) acts as agent or attorney for anyone before any department, agency, court, court-martial, officer, or civil, military, or naval commission in connection with any covered matter in which the United States is a party or has a direct and substantial interest; shall be subject to the penalties set forth in section 216 of this title. (b) Whoever, being an officer or employee of the District of Columbia or an officer or employee of the Office of the United States Attorney for the District of Columbia, otherwise than in the proper discharge of official duties - (1) acts as agent or attorney for prosecuting any claim against the District of Columbia, or receives any gratuity, or any share of or interest in any such claim in consideration of assistance in the prosecution of such claim; or (2) acts as agent or attorney for anyone before any department, agency, court, officer, or commission in connection with any covered matter in which the District of Columbia is a party or has a direct and substantial interest; shall be subject to the penalties set forth in section 216 of this title. (c) A special Government employee shall be subject to subsections (a) and (b) only in relation to a covered matter involving a specific party or parties - (1) in which he has at any time participated personally and substantially as a Government employee or special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise; or (2) which is pending in the department or agency of the Government in which he is serving. Paragraph (2) shall not apply in the case of a special Government employee who has served in such department or agency no more than sixty days during the immediately preceding period of three hundred and sixty-five consecutive days. (d) Nothing in subsection (a) or (b) prevents an officer or employee, if not inconsistent with the faithful performance of his duties, from acting without compensation as agent or attorney for, or otherwise representing, any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings. (e) Nothing in subsection (a) or (b) prevents an officer or employee, including a special Government employee, from acting, with or without compensation, as agent or attorney for, or otherwise representing, his parents, spouse, child, or any person for whom, or for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except - (1) in those matters in which he has participated personally and substantially as a Government employee or special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or (2) in those matters which are the subject of his official responsibility, subject to approval by the Government official responsible for appointment to his position. (f) Nothing in subsection (a) or (b) prevents a special Government employee from acting as agent or attorney for another person in the performance of work under a grant by, or a contract with or for the benefit of, the United States if the head of the department or agency concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the Federal Register. (g) Nothing in this section prevents an officer or employee from giving testimony under oath or from making statements required to be made under penalty for perjury or contempt. (h) For the purpose of this section, the term 'covered matter' means any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter. -SOURCE- (Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1122, and amended Pub. L. 101-194, title IV, Sec. 404, Nov. 30, 1989, 103 Stat. 1750; Pub. L. 101-280, Sec. 5(c), May 4, 1990, 104 Stat. 159.) -MISC1- PRIOR PROVISIONS A prior section 205, act June 25, 1948, ch. 645, 62 Stat. 692, related to the acceptance by a Member of Congress of anything of value to influence him, prior to the general amendment of this chapter by Pub. L. 87-849 and is substantially covered by revised section 201. Provisions similar to those comprising this section were contained in section 283 of this title prior to the repeal of such section and the general amendment of this chapter by Pub. L. 87-849. AMENDMENTS 1990 - Subsec. (a)(2). Pub. L. 101-280, Sec. 5(c)(1), substituted 'civil' for 'any civil'. Subsec. (b)(2). Pub. L. 101-280, Sec. 5(c)(2), substituted 'commission' for 'any commission'. 1989 - Pub. L. 101-194 amended section generally, revising and restating as subsecs. (a) to (h) provisions formerly consisting of eight undesignated pars. 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. -TRANS- DELEGATION OF AUTHORITY Authority of President under subsec. (e) of this section to grant exemptions or approvals to individuals delegated to agency heads, see section 401 of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees. Authority of President under subsec. (e) of this section to grant exemptions or approvals for Presidential appointees to committees, commissions, boards, or similar groups established by the President, and for individuals appointed pursuant to sections 105 and 107(a) of Title 3, The President, delegated to Counsel to President, see section 402 of Ex Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5. -MISC5- EXEMPTIONS Exemptions from former section 283 of this title deemed to be exemptions from this section, see section 2 of Pub. L. 87-849, set out as a note under section 203 of this title. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Claims generally, see section 3721 et seq. of Title 31, Money and Finance. Definitions, see section 202 of this title. Disqualification from holding any office of honor, trust, or profit, additional grounds for, see sections 204, 592, 593, 1901, 2071, 2381, 2385, 2387 of this title. Exemption of retired officers of the uniformed services, see section 206 of this title. Memorandum of Attorney General regarding conflict of interest provisions, see note under section 201 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 202, 206, 216 of this title; title 5 sections 588, 3374; title 10 section 942; title 12 section 2245; title 15 section 4805; title 16 section 459b-7; title 22 sections 3507, 3508; title 25 section 450i; title 28 sections 594, 656; title 30 section 663; title 38 section 3402; title 40 App. section 108; title 41 section 120; title 42 sections 1314, 1975d; title 50 section 405; title 50 App. section 463. ------DocID 23844 Document 86 of 1438------ -CITE- 18 USC Sec. 206 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 206. Exemption of retired officers of the uniformed services -STATUTE- Sections 203 and 205 of this title shall not apply to a retired officer of the uniformed services of the United States while not on active duty and not otherwise an officer or employee of the United States, or to any person specially excepted by Act of Congress. -SOURCE- (Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1123.) -MISC1- PRIOR PROVISIONS A prior section 206, act June 25, 1948, ch. 645, 62 Stat. 692, related to an offer to a judge or judicial officer to influence him, prior to the general amendment of this chapter by Pub. L. 87-849 and is substantially covered by revised section 201. 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. -CROSS- CROSS REFERENCES Definitions, see section 202 of this title. Memorandum of Attorney General regarding conflict of interest provisions, see note under section 201 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 202 of this title; title 5 section 588; title 12 section 2245; title 28 sections 594, 656; title 38 section 3402; title 40 App. section 108. ------DocID 23845 Document 87 of 1438------ -CITE- 18 USC Sec. 207 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 207. Restrictions on former officers, employees, and elected officials of the executive and legislative branches -STATUTE- (a) Restrictions on All Officers and Employees of the Executive Branch and Certain Other Agencies. - (1) Permanent restrictions on representation on particular matters. - Any person who is an officer or employee (including any special Government employee) of the executive branch of the United States (including any independent agency of the United States), or of the District of Columbia, and who, after the termination of his or her service or employment with the United States or the District of Columbia, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, or court-martial of the United States or the District of Columbia, on behalf of any other person (except the United States or the District of Columbia) in connection with a particular matter - (A) in which the United States or the District of Columbia is a party or has a direct and substantial interest, (B) in which the person participated personally and substantially as such officer or employee, and (C) which involved a specific party or specific parties at the time of such participation, shall be punished as provided in section 216 of this title. (2) Two-year restrictions concerning particular matters under official responsibility. - Any person subject to the restrictions contained in paragraph (1) who, within 2 years after the termination of his or her service or employment with the United States or the District of Columbia, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, or court-martial of the United States or the District of Columbia, on behalf of any other person (except the United States or the District of Columbia), in connection with a particular matter - (A) in which the United States or the District of Columbia is a party or has a direct and substantial interest, (B) which such person knows or reasonably should know was actually pending under his or her official responsibility as such officer or employee within a period of 1 year before the termination of his or her service or employment with the United States or the District of Columbia, and (C) which involved a specific party or specific parties at the time it was so pending, shall be punished as provided in section 216 of this title. (3) Clarification of Restrictions. - The restrictions contained in paragraphs (1) and (2) shall apply - (A) in the case of an officer or employee of the executive branch of the United States (including any independent agency), only with respect to communications to or appearances before any officer or employee of any department, agency, court, or court-martial of the United States on behalf of any other person (except the United States), and only with respect to a matter in which the United States is a party or has a direct and substantial interest; and (B) in the case of an officer or employee of the District of Columbia, only with respect to communications to or appearances before any officer or employee of any department, agency, or court of the District of Columbia on behalf of any other person (except the District of Columbia), and only with respect to a matter in which the District of Columbia is a party or has a direct and substantial interest. (b) One-Year Restrictions on Aiding or Advising. - (1) In general. - Any person who is a former officer or employee of the executive branch of the United States (including any independent agency) and is subject to the restrictions contained in subsection (a)(1), or any person who is a former officer or employee of the legislative branch or a former Member of Congress, who personally and substantially participated in any ongoing trade or treaty negotiation on behalf of the United States within the 1-year period preceding the date on which his or her service or employment with the United States terminated, and who had access to information concerning such trade or treaty negotiation which is exempt from disclosure under section 552 of title 5, which is so designated by the appropriate department or agency, and which the person knew or should have known was so designated, shall not, on the basis of that information, knowingly represent, aid, or advise any other person (except the United States) concerning such ongoing trade or treaty negotiation for a period of 1 year after his or her service or employment with the United States terminates. Any person who violates this subsection shall be punished as provided in section 216 of this title. (2) Definition. - For purposes of this paragraph - (A) the term 'trade negotiation' means negotiations which the President determines to undertake to enter into a trade agreement pursuant to section 1102 of the Omnibus Trade and Competitiveness Act of 1988, and does not include any action taken before that determination is made; and (B) the term 'treaty' means an international agreement made by the President that requires the advice and consent of the Senate. (c) One-Year Restrictions on Certain Senior Personnel of the Executive Branch and Independent Agencies. - (1) Restrictions. - In addition to the restrictions set forth in subsections (a) and (b), any person who is an officer or employee (including any special Government employee) of the executive branch of the United States (including an independent agency), who is referred to in paragraph (2), and who, within 1 year after the termination of his or her service or employment as such officer or employee, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of the department or agency in which such person served within 1 year before such termination, on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of such department or agency, shall be punished as provided in section 216 of this title. (2) Persons to whom restrictions apply. - (A) Paragraph (1) shall apply to a person (other than a person subject to the restrictions of subsection (d)) - (i) employed at a rate of pay specified in or fixed according to subchapter II of chapter 53 of title 5, (ii) employed in a position which is not referred to in clause (i) and for which the basic rate of pay, exclusive of any locality-based pay adjustment under section 5302 of title 5 (or any comparable adjustment pursuant to interim authority of the President), is equal to or greater than the rate of basic pay payable for level V of the Executive Schedule; (FOOTNOTE 1) (FOOTNOTE 1) So in original. The semicolon probably should be a comma. (iii) appointed by the President to a position under section 105(a)(2)(B) of title 3 or by the Vice President to a position under section 106(a)(1)(B) of title 3, or (iv) employed in a position which is held by an active duty commissioned officer of the uniformed services who is serving in a grade or rank for which the pay grade (as specified in section 201 of title 37) is pay grade O-7 or above. (B) Paragraph (1) shall not apply to a special Government employee who serves less than 60 days in the 1-year period before his or her service or employment as such employee terminates. (C) At the request of a department or agency, the Director of the Office of Government Ethics may waive the restrictions contained in paragraph (1) with respect to any position, or category of positions, referred to in clause (ii) or (iv) of subparagraph (A), in such department or agency if the Director determines that - (i) the imposition of the restrictions with respect to such position or positions would create an undue hardship on the department or agency in obtaining qualified personnel to fill such position or positions, and (ii) granting the waiver would not create the potential for use of undue influence or unfair advantage. (d) Restrictions on Very Senior Personnel of the Executive Branch and Independent Agencies. - (1) Restrictions. - In addition to the restrictions set forth in subsections (a) and (b), any person who - (A) serves in the position of Vice President of the United States, (B) is employed in a position in the executive branch of the United States (including any independent agency) at a rate of pay payable for level I of the Executive Schedule or employed in a position in the Executive Office of the President at a rate of pay payable for level II of the Executive Schedule, or (C) is appointed by the President to a position under section 105(a)(2)(A) of title 3 or by the Vice President to a position under section 106(a)(1)(A) of title 3, and who, within 1 year after the termination of that person's service in that position, knowingly makes, with the intent to influence, any communication to or appearance before any person described in paragraph (2), on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of the executive branch of the United States, shall be punished as provided in section 216 of this title. (2) Persons who may not be contacted. - The persons referred to in paragraph (1) with respect to appearances or communications by a person in a position described in subparagraph (A), (B), or (C) of paragraph (1) are - (A) any officer or employee of any department or agency in which such person served in such position within a period of 1 year before such person's service or employment with the United States Government terminated, and (B) any person appointed to a position in the executive branch which is listed in section 5312, 5313, 5314, 5315, or 5316 of title 5. (e) Restrictions on Members of Congress and Officers and Employees of the Legislative Branch. - (1) Members of congress and elected officers. - (A) Any person who is a Member of Congress or an elected officer of either House of Congress and who, within 1 year after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B) or (C), on behalf of any other person (except the United States) in connection with any matter on which such former Member of Congress or elected officer seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title. (B) The persons referred to in subparagraph (A) with respect to appearances or communications by a former Member of Congress are any Member, officer, or employee of either House of Congress, and any employee of any other legislative office of the Congress. (C) The persons referred to in subparagraph (A) with respect to appearances or communications by a former elected officer are any Member, officer, or employee of the House of Congress in which the elected officer served. (2) Personal staff. - (A) Any person who is an employee of a Senator or an employee of a Member of the House of Representatives and who, within 1 year after the termination of that employment, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B), on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title. (B) The persons referred to in subparagraph (A) with respect to appearances or communications by a person who is a former employee are the following: (i) the Senator or Member of the House of Representatives for whom that person was an employee; and (ii) any employee of that Senator or Member of the House of Representatives. (3) Committee staff. - Any person who is an employee of a committee of Congress and who, within 1 year after the termination of that person's employment on such committee, knowingly makes, with the intent to influence, any communication to or appearance before any person who is a Member or an employee of that committee or who was a Member of the committee in the year immediately prior to the termination of such person's employment by the committee, on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title. (4) Leadership staff. - (A) Any person who is an employee on the leadership staff of the House of Representatives or an employee on the leadership staff of the Senate and who, within 1 year after the termination of that person's employment on such staff, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B), on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title. (B) The persons referred to in subparagraph (A) with respect to appearances or communications by a former employee are the following: (i) in the case of a former employee on the leadership staff of the House of Representatives, those persons are any Member of the leadership of the House of Representatives and any employee on the leadership staff of the House of Representatives; and (ii) in the case of a former employee on the leadership staff of the Senate, those persons are any Member of the leadership of the Senate and any employee on the leadership staff of the Senate. (5) Other legislative offices. - (A) Any person who is an employee of any other legislative office of the Congress and who, within 1 year after the termination of that person's employment in such office, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B), on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by any officer or employee of such office, in his or her official capacity, shall be punished as provided in section 216 of this title. (B) The persons referred to in subparagraph (A) with respect to appearances or communications by a former employee are the employees and officers of the former legislative office of the Congress of the former employee. (6) Limitation on restrictions. - (A) The restrictions contained in paragraphs (2), (3), and (4) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee's service as such employee terminated, was paid a rate of basic pay equal to or greater than an amount which is 75 percent of the basic rate of pay payable for a Member of the House of Congress in which such employee was employed. (B) The restrictions contained in paragraph (5) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee's service as such employee terminated, was employed in a position for which the rate of basic pay, exclusive of any locality-based pay adjustment under section 5302 of title 5 (or any comparable adjustment pursuant to interim authority of the President), is equal to or greater than the basic rate of pay payable for level V of the Executive Schedule. (7) Definitions. - As used in this subsection - (A) the term 'committee of Congress' includes standing committees, joint committees, and select committees; (B) a person is an employee of a House of Congress if that person is an employee of the Senate or an employee of the House of Representatives; (C) the term 'employee of the House of Representatives' means an employee of a Member of the House of Representatives, an employee of a committee of the House of Representatives, an employee of a joint committee of the Congress whose pay is disbursed by the Clerk of the House of Representatives, and an employee on the leadership staff of the House of Representatives; (D) the term 'employee of the Senate' means an employee of a Senator, an employee of a committee of the Senate, an employee of a joint committee of the Congress whose pay is disbursed by the Secretary of the Senate, and an employee on the leadership staff of the Senate; (E) a person is an employee of a Member of the House of Representatives if that person is an employee of a Member of the House of Representatives under the clerk hire allowance; (F) a person is an employee of a Senator if that person is an employee in a position in the office of a Senator; (G) the term 'employee of any other legislative office of the Congress' means 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 Copyright Royalty Tribunal, the United States Capitol Police, and any other agency, entity, or office in the legislative branch not covered by paragraph (1), (2), (3), or (4) of this subsection; (H) the term 'employee on the leadership staff of the House of Representatives' means an employee of the office of a Member of the leadership of the House of Representatives described in subparagraph (L), and any elected minority employee of the House of Representatives; (I) the term 'employee on the leadership staff of the Senate' means an employee of the office of a Member of the leadership of the Senate described in subparagraph (M); (J) the term 'Member of Congress' means a Senator or a Member of the House of Representatives; (K) the term 'Member of the House of Representatives' means a Representative in, or a Delegate or Resident Commissioner to, the Congress; (L) the term 'Member of the leadership of the House of Representatives' means the Speaker, majority leader, minority leader, majority whip, minority whip, chief deputy majority whip, chief deputy minority whip, chairman of the Democratic Steering Committee, chairman and vice chairman of the Democratic Caucus, chairman, vice chairman, and secretary of the Republican Conference, chairman of the Republican Research Committee, and chairman of the Republican Policy Committee, of the House of Representatives (or any similar position created on or after the effective date set forth in section 102(a) of the Ethics Reform Act of 1989); (M) the term 'Member of the leadership of the Senate' means the Vice President, and the President pro tempore, Deputy President pro tempore, majority leader, minority leader, majority whip, minority whip, chairman and secretary of the Conference of the Majority, chairman and secretary of the Conference of the Minority, chairman and co-chairman of the Majority Policy Committee, and chairman of the Minority Policy Committee, of the Senate (or any similar position created on or after the effective date set forth in section 102(a) of the Ethics Reform Act of 1989). (f) Restrictions Relating to Foreign Entities. - (1) Restrictions. - Any person who is subject to the restrictions contained in subsection (c), (d), or (e) and who knowingly, within 1 year after leaving the position, office, or employment referred to in such subsection - (A) represents a foreign entity before any officer or employee of any department or agency of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties, or (B) aids or advises a foreign entity with the intent to influence a decision of any officer or employee of any department or agency of the United States, in carrying out his or her official duties, shall be punished as provided in section 216 of this title. (2) Definition. - For purposes of this subsection, the term 'foreign entity' means the government of a foreign country as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended, or a foreign political party as defined in section 1(f) of that Act. (g) Special Rules for Detailees. - For purposes of this section, a person who is detailed from one department, agency, or other entity to another department, agency, or other entity shall, during the period such person is detailed, be deemed to be an officer or employee of both departments, agencies, or such entities. (h) Designations of Separate Statutory Agencies and Bureaus. - (1) Designations. - For purposes of subsection (c) and except as provided in paragraph (2), whenever the Director of the Office of Government Ethics determines that an agency or bureau within a department or agency in the executive branch exercises functions which are distinct and separate from the remaining functions of the department or agency and that there exists no potential for use of undue influence or unfair advantage based on past Government service, the Director shall by rule designate such agency or bureau as a separate department or agency. On an annual basis the Director of the Office of Government Ethics shall review the designations and determinations made under this subparagraph and, in consultation with the department or agency concerned, make such additions and deletions as are necessary. Departments and agencies shall cooperate to the fullest extent with the Director of the Office of Government Ethics in the exercise of his or her responsibilities under this paragraph. (2) Inapplicability of designations. - No agency or bureau within the Executive Office of the President may be designated under paragraph (1) as a separate department or agency. No designation under paragraph (1) shall apply to persons referred to in subsection (c)(2)(A)(i) or (iii). (i) Definitions. - For purposes of this section - (1) the term 'officer or employee', when used to describe the person to whom a communication is made or before whom an appearance is made, with the intent to influence, shall include - (A) in subsections (a), (c), and (d), the President and the Vice President; and (B) in subsection (f), the President, the Vice President, and Members of Congress; (2) the term 'participated' means an action taken as an officer or employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or other such action; and (3) the term 'particular matter' includes any investigation, application, request for a ruling or determination, rulemaking, contract, controversy, claim, charge, accusation, arrest, or judicial or other proceeding. (j) Exceptions. - (1) Official government duties. - The restrictions contained in this section shall not apply to acts done in carrying out official duties on behalf of the United States or the District of Columbia or as an elected official of a State or local government. (2) State and local governments and institutions, hospitals, and organizations. - The restrictions contained in subsections (c), (d), and (e) shall not apply to acts done in carrying out official duties as an employee of - (A) an agency or instrumentality of a State or local government if the appearance, communication, or representation is on behalf of such government, or (B) an accredited, degree-granting institution of higher education, as defined in section 1201(a) of the Higher Education Act of 1965, or a hospital or medical research organization, exempted and defined under section 501(c)(3) of the Internal Revenue Code of 1986, if the appearance, communication, or representation is on behalf of such institution, hospital, or organization. (3) International organizations. - The restrictions contained in this section shall not apply to an appearance or communication on behalf of, or advice or aid to, an international organization in which the United States participates, if the Secretary of State certifies in advance that such activity is in the interests of the United States. (4) Special knowledge. - The restrictions contained in subsections (c), (d), and (e) shall not prevent an individual from making or providing a statement, which is based on the individual's own special knowledge in the particular area that is the subject of the statement, if no compensation is thereby received. (5) Exception for scientific or technological information. - The restrictions contained in subsections (a), (c), and (d) shall not apply with respect to the making of communications solely for the purpose of furnishing scientific or technological information, if such communications are made under procedures acceptable to the department or agency concerned or if the head of the department or agency concerned with the particular matter, in consultation with the Director of the Office of Government Ethics, makes a certification, published in the Federal Register, that the former officer or employee has outstanding qualifications in a scientific, technological, or other technical discipline, and is acting with respect to a particular matter which requires such qualifications, and that the national interest would be served by the participation of the former officer or employee. For purposes of this paragraph, the term 'officer or employee' includes the Vice President. (6) Exception for testimony. - Nothing in this section shall prevent an individual from giving testimony under oath, or from making statements required to be made under penalty of perjury. Notwithstanding the preceding sentence - (A) a former officer or employee of the executive branch of the United States (including any independent agency) who is subject to the restrictions contained in subsection (a)(1) with respect to a particular matter may not, except pursuant to court order, serve as an expert witness for any other person (except the United States) in that matter; and (B) a former officer or employee of the District of Columbia who is subject to the restrictions contained in subsection (a)(1) with respect to a particular matter may not, except pursuant to court order, serve as an expert witness for any other person (except the District of Columbia) in that matter. -SOURCE- (Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1123, and amended Pub. L. 95-521, title V, Sec. 501(a), Oct. 26, 1978, 92 Stat. 1864; Pub. L. 96-28, June 22, 1979, 93 Stat. 76; Pub. L. 101-189, div. A, title VIII, Sec. 814(d)(2), Nov. 29, 1989, 103 Stat. 1499; Pub. L. 101-194, title I, Sec. 101(a), Nov. 30, 1989, 103 Stat. 1716; Pub. L. 101-280, Sec. 2(a), 5(d), May 4, 1990, 104 Stat. 149, 159; Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(b)(8)(A)), Nov. 5, 1990, 104 Stat. 1427, 1440.) -REFTEXT- REFERENCES IN TEXT Section 1102 of the Omnibus Trade and Competitiveness Act of 1988, referred to in subsec. (b)(2)(A), is classified to section 2902 of Title 19, Customs Duties. Levels I, II, and V of the Executive Schedule, referred to in subsecs. (c)(2)(A)(ii), (d)(1)(B), and (e)(6)(B), are set out in sections 5312, 5313, and 5316, respectively, of Title 5, Government Organization and Employees. Section 102(a) of the Ethics Reform Act of 1989, referred to in subsec. (e)(7)(L), (M), is section 102(a) of Pub. L. 101-194, which is set out below. Section 1(e) and (f) of the Foreign Agents Registration Act of 1938, referred to in subsec. (f)(2), is classified to section 611(e) and (f) of Title 22, Foreign Relations and Intercourse. Section 1201(a) of the Higher Education Act of 1965, referred to in subsec. (j)(2)(B), is classified to section 1141(a) of Title 20, Education. Section 501(c)(3) of the Internal Revenue Code of 1986, referred to in subsec. (j)(2)(B), is classified to section 501(c)(3) of Title 26, Internal Revenue Code. -COD- CODIFICATION Another section 501(a) of Pub. L. 95-521, as added by Pub. L. 101-194, title VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1760, is set out in the Appendix to Title 5, Government Organization and Employees. -MISC3- PRIOR PROVISIONS A prior section 207, act June 25, 1948, ch. 645, 62 Stat. 692, related to the acceptance of a bribe by a judge, prior to the general amendment of this chapter by Pub. L. 87-849 and is substantially covered by revised section 201. Provisions similar to those comprising this section were contained in section 284 of this title prior to the repeal of such section and the general amendment of this chapter by Pub. L. 87-849. AMENDMENTS 1990 - Subsec. (a)(1). Pub. L. 101-280, Sec. 2(a)(1), amended subsec. (a)(1), as amended by Pub. L. 101-194, by inserting '(including any special Government employee)' after 'who is an officer or employee', striking out 'Government' after 'executive branch of the United States', 'and any special Government employee' after 'independent agency of the United States', 'Government' after 'employment with the United States', 'as the case may be,' before 'knowingly makes' and before 'on behalf of', inserting 'or the District of Columbia' after '(except the United States', and in subpar. (A) inserting 'or the District of Columbia' after 'United States'. Subsec. (a)(2). Pub. L. 101-280, Sec. 2(a), amended subsec. (a)(2), as amended by Pub. L. 101-194, by substituting 'or the District of Columbia, knowingly' for 'Government, knowingly' and '(except the United States or the District of Columbia)' for '(except the United States)', in subpar. (A) inserting 'or the District of Columbia' after 'United States)', and in subpar. (B) striking out 'Government' after 'United States'. Subsec. (a)(3). Pub. L. 101-280, Sec. 2(a)(3), amended subsec. (a), as amended by Pub. L. 101-194, by adding par. (3). Subsec. (b)(1). Pub. L. 101-280, Sec. 2(a)(4), amended subsec. (b)(1), as amended by Pub. L. 101-194, by substituting 'a former officer or employee of the executive branch of the United States (including any independent agency) and is' for 'a former officer or employee', substituting 'or any person who is a former officer or employee of the legislative branch or a former Member of Congress' for 'and any person described in subsection (e)(7)', substituting 'which is so designated by the appropriate department or agency, and which the person knew or should have known was so designated, shall not, on the basis of that information, knowingly represent' for 'and which is so designated by the appropriate department or agency, shall not, on the basis of that information, which the person knew or should have known was so designated, knowingly represent', inserting 'a period of' before '1 year', and striking out 'Government' before 'terminates'. Subsec. (c). Pub. L. 101-280, Sec. 5(d), substituted 'shall be subject to the penalties set forth in section 216 of this title' for 'shall be fined not more than $10,000 or imprisoned for not more than two years, or both' in concluding provisions of subsec. (c) as in effect on May 4, 1990. Subsec. (c)(1). Pub. L. 101-280, Sec. 2(a)(5)(A), amended subsec. (c)(1), as amended by Pub. L. 101-194, by substituting '(including any special Government employee) of the executive branch of the United States' for 'of the executive branch'. Subsec. (c)(2)(A)(i). Pub. L. 101-280, Sec. 2(a)(5)(B)(i), amended subsec. (c)(2)(A)(i), as amended by Pub. L. 101-194, by inserting 'specified in or' after 'employed at a rate of pay' and striking out 'or a comparable or greater rate of pay under other authority,' after 'chapter 53 of title 5,'. Subsec. (c)(2)(A)(ii). Pub. L. 101-509, Sec. 529 (title I, Sec. 101(b)(8)(A)(i)), added cl. (ii) and struck out former cl. (ii) which read as follows: 'employed in a position which is not referred to in clause (i) and for which the rate of basic pay is equal to or greater than the rate of basic pay payable for GS-17 of the General Schedule,'. Pub. L. 101-280, Sec. 2(a)(5)(B)(ii), amended subsec. (a)(2)(A)(ii), as amended by Pub. L. 101-194, by substituting 'rate of basic' for 'basic rate of' wherever appearing. Subsec. (c)(2)(C), (D). Pub. L. 101-280, Sec. 2(a)(5)(B)(iii), amended subsec. (c)(2)(C), (D), as amended by Pub. L. 101-194, by redesignating subpar. (D) as (C) and striking out former subpar. (C) which read as follows: 'Subparagraph (A)(ii) includes persons employed in the Senior Executive Service at the basic rate of pay specified in that subparagraph.' Subsec. (d)(1)(B). Pub. L. 101-280, Sec. 2(a)(6)(A), amended subsec. (d)(1)(B), as amended by Pub. L. 101-194, by substituting 'in the executive branch of the United States (including any independent agency)' for 'paid'. Subsec. (d)(2). Pub. L. 101-280, Sec. 2(a)(6)(B), amended subsec. (d)(2), as amended by Pub. L. 101-194, by substituting 'Persons who may not be contacted' for 'Entities to which restrictions apply' in heading, and striking out 'other' after 'any' in subpar. (B). Subsec. (e)(6). Pub. L. 101-509, Sec. 529 (title I, Sec. 101(b)(8)(A)(ii)), added par. (6) and struck out former par. (6) which read as follows: 'The restrictions contained in paragraphs (2), (3), (4), and (5) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee's service as such employee terminated, was paid for such service at a rate of basic pay equal to or greater than the rate of basic pay payable for GS-17 of the General Schedule under section 5332 of title 5.' Pub. L. 101-280, Sec. 2(a)(7)(A), amended subsec. (e)(6), as amended by Pub. L. 101-194, by substituting 'rate of basic' for 'basic rate of' wherever appearing. Subsec. (e)(7)(L), (M). Pub. L. 101-280, Sec. 2(a)(7)(B), amended subsec. (e)(7)(L), (M), as amended by Pub. L. 101-194, by inserting 'on or' before 'after the effective date'. Subsec. (f)(1). Pub. L. 101-280, Sec. 2(a)(8)(A), amended subsec. (f)(1), as amended by Pub. L. 101-194, by substituting 'such subsection' for 'subsection (c), (d), or (e), as the case may be'. Subsec. (f)(1)(A). Pub. L. 101-280, Sec. 2(a)(8)(B), amended subsec. (f)(1)(A), as amended by Pub. L. 101-194, by striking out 'the interests of' after 'represents' and 'of the Government' after 'department or agency'. Subsec. (f)(1)(B). Pub. L. 101-280, Sec. 2(a)(8)(C), amended subsec. (f)(1)(B), as amended by Pub. L. 101-194, by striking out 'of the Government' after 'department or agency'. Subsec. (i)(1). Pub. L. 101-280, Sec. 2(a)(9), amended subsec. (i)(1), as amended by Pub. L. 101-194, by adding par. (1) and striking out former par. (1) which read as follows: 'the term 'intent to influence' means the intent to affect any official action by a Government entity of the United States through any officer or employee of the United States, including Members of Congress;'. Subsec. (j)(1). Pub. L. 101-280, Sec. 2(a)(10)(A), amended subsec. (j)(1), as amended by Pub. L. 101-194, by substituting 'this section' for 'subsections (a), (c), (d), and (e)', 'on behalf of' for 'as an officer or employee of', and 'or the District of Columbia' for 'Government'. Subsec. (j)(3). Pub. L. 101-280, Sec. 2(a)(10)(B), amended subsec. (j)(3), as amended by Pub. L. 101-194, by substituting 'this section' for 'subsections (c), (d), and (e)' and 'in which the United States participates, if the Secretary of State certifies in advance that such activity is in the interests of the United States' for 'of which the United States is a member'. Subsec. (j)(4). Pub. L. 101-280, Sec. 2(a)(10)(C), amended subsec. (j)(4), as amended by Pub. L. 101-194, by substituting 'Special' for 'Personal matters and special' in heading, substituting 'prevent an individual' for 'apply to appearances or communications by a former officer or employee concerning matters of a personal and individual nature, such as personal income taxes or pension benefits; nor shall the prohibitions of those subsections prevent a former officer or employee', substituting 'individual's' for 'former officer's or employee's', and striking out ', other than that regularly provided for by law or regulation for witnesses' after 'if no compensation is thereby received'. Subsec. (j)(5). Pub. L. 101-280, Sec. 2(a)(10)(D), amended subsec. (j)(5), as amended by Pub. L. 101-194, by substituting 'and (d)' for '(d), and (e)' and inserting 'For purposes of this paragraph, the term 'officer or employee' includes the Vice President.' Subsec. (j)(6). Pub. L. 101-280, Sec. 2(a)(10)(E)(ii), amended subsec. (j)(6), as amended by Pub. L. 101-194, by substituting 'sentence - ' for 'sentence, a former officer or employee subject to the restrictions contained in subsection (a)(1) with respect to a particular matter may not, except pursuant to court order, serve as an expert witness for any other person (except the United States) in that matter.' and adding subpars. (A) and (B). Pub. L. 101-280, Sec. 2(a)(10)(E)(i), amended subsec. (j)(6), as amended by Pub. L. 101-194, by substituting 'an individual' for 'a former Member of Congress or officer or employee of the executive or legislative branch or an independent agency (including the Vice President and any special Government employee)'. 1989 - Pub. L. 101-194 amended section generally, substituting 'Restrictions on former officers, employees, and elected officials of the executive and legislative branches' for 'Disqualification of former officers and employees; disqualification of partners of current officers and employees' as section catchline and making extensive changes in content and structure of text. For text of section as it existed prior to the general amendment by Pub. L. 101-194, see Effective Date of 1989 Amendment; Effect on Employment note set out below. Subsec. (k). Pub. L. 101-189 added subsec. (k). 1979 - Subsec. (b). Pub. L. 96-28, Sec. 1, substituted 'by personal presence at any formal or informal appearance' for 'concerning any formal or informal appearance' in cl. (ii) of provisions before par. (1), and, in par. (3), inserted 'as to (i),' before 'which was actually pending' and ', as to (ii),' before 'in which he participated'. Subsec. (d). Pub. L. 96-28, Sec. 2, designated existing provisions as par. (1), designated existing pars. (1) and (3) as subpars. (A) and (B) of par. (1) as so designated, and added subpar. (C) of par. (1) and par. (2), incorporating into the new par. and subpar. portions of former provisions relating to positions for which the basic rate of pay was equal to or greater than the basic rate of pay for GS-17 of the General Schedule prescribed by section 5332 of Title 5 and who had significant decision-making or supervisory responsibility, as designated by the Director of the Office of Government Ethics, in consultation with the head of the department or agency concerned, and provisions relating to the designation of positions by the Director of the Office of Government Ethics. 1978 - Pub. L. 95-521 expanded section to include provisions designed to more effectively deal with the problem of the disproportionate influence former officers and employees might have upon the government processes and decision-making in their previous departments or agencies when they return in the role of representatives or advocates of nongovernmental groups or interests before those same departments or agencies. EFFECTIVE DATE OF 1990 AMENDMENTS Section 529 (title I, Sec. 101(b)(8)(B)) of Pub. L. 101-509 provided that: 'The amendments made by subparagraph (A) (amending this section) take effect on January 1, 1991.' Amendment by Pub. L. 101-280 effective May 4, 1990, see section 11 of Pub. L. 101-280, set out as a note under section 101 of Pub. L. 95-521 in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1989 AMENDMENT; EFFECT ON EMPLOYMENT Section 102 of Pub. L. 101-194, as amended by Pub. L. 101-280, Sec. 2(b), May 4, 1990, 104 Stat. 152, provided that: '(a) In General. - (1) Subject to paragraph (2) and to subsection (b), the amendments made by section 101 (amending this section) take effect on January 1, 1991. '(2) Subject to subsection (b), the amendments made by section 101 take effect at noon on January 3, 1991, with respect to Members of Congress (within the meaning of section 207 of title 18, United States Code). '(b) Effect on Employment. - (1) The amendments made by section 101 apply only to persons whose service as a Member of Congress, the Vice President, or an officer or employee to which such amendments apply terminates on or after the effective date of such amendments. '(2) With respect to service as an officer or employee which terminates before the effective date set forth in subsection (a), section 207 of title 18, United States Code, as in effect at the time of the termination of such service, shall continue to apply, on and after such effective date, with respect to such service.' Prior to the effective date of the amendment by Pub. L. 101-194, section 207 read as follows: 'Sec. 207. Disqualification of former officers and employees; disqualification of partners of current officers and employees '(a) Whoever, having been an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, including a special Government employee, after his employment has ceased, knowingly acts as agent or attorney for, or otherwise represents, any other person (except the United States), in any formal or informal appearance before, or, with the intent to influence, makes any oral or written communication on behalf of any other person (except the United States) to - '(1) any department, agency, court, court-martial, or any civil, military, or naval commission of the United States or the District of Columbia, or any officer or employee thereof, and '(2) in connection with any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter involving a specific party or parties in which the United States or the District of Columbia is a party or has a direct and substantial interest, and '(3) in which he participated personally and substantially as an officer or employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise, while so employed; or '(b) Whoever, (i) having been so employed, within two years after his employment has ceased, knowingly acts as agent or attorney for, or otherwise represents, any other person (except the United States), in any formal or informal appearance before, or, with the intent to influence, makes any oral or written communication on behalf of any other person (except the United States) to, or (ii) having been so employed and as specified in subsection (d) of this section, within two years after his employment has ceased, knowingly represents or aids, counsels, advises, consults, or assists in representing any other person (except the United States) by personal presence at any formal or informal appearance before - '(1) any department, agency, court, court-martial, or any civil, military or naval commission of the United States or the District of Columbia, or any officer or employee thereof, and '(2) in connection with any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties in which the United States or the District of Columbia is a party or has a direct and substantial interest, and '(3) as to (i), which was actually pending under his official responsibility as an officer or employee within a period of one year prior to the termination of such responsibility, or, as to (ii), in which he participated personally and substantially as an officer or employee; or '(c) Whoever, other than a special Government employee who serves for less than sixty days in a given calendar year, having been so employed as specified in subsection (d) of this section, within one year after such employment has ceased, knowingly acts as agent or attorney for, or otherwise represents, anyone other than the United States in any formal or informal appearance before, or, with the intent to influence, makes any oral or written communication on behalf of anyone other than the United States, to - '(1) the department or agency in which he served as an officer or employee, or any officer or employee thereof, and '(2) in connection with any judicial, rulemaking, or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter, and '(3) which is pending before such department or agency or in which such department or agency has a direct and substantial interest - shall be subject to the penalties set forth in section 216 of this title. '(d)(1) Subsection (c) of this section shall apply to a person employed - '(A) at a rate of pay specified in or fixed according to subchapter II of chapter 53 of title 5, United States Code, or a comparable or greater rate of pay under other authority; '(B) on active duty as a commissioned officer of a uniformed service assigned to pay grade of O-9 or above as described in section 201 of title 37, United States Code; or '(C) in a position which involves significant decision-making or supervisory responsibility, as designated under this subparagraph by the Director of the Office of Government Ethics, in consultation with the department or agency concerned. Only positions which are not covered by subparagraphs (A) and (B) above, and for which the basic rate of pay is equal to or greater than the basic rate of pay for GS-17 of the General Schedule prescribed by section 5332 of title 5, United States Code, or positions which are established within the Senior Executive Service pursuant to the Civil Service Reform Act of 1978, or positions of active duty commissioned officers of the uniformed services assigned to pay O-7 or O-8, as described in section 201 of title 37, United States Code, may be designated. As to persons in positions designated under this subparagraph, the Director may limit the restrictions of subsection (c) to permit a former officer or employee, who served in a separate agency or bureau within a department or agency, to make appearances before or communications to persons in an unrelated agency or bureau, within the same department or agency, having separate and distinct subject matter jurisdiction, upon a determination by the Director that there exists no potential for use of undue influence or unfair advantage based on past government service. On an annual basis, the Director of the Office of Government Ethics shall review the designations and determinations made under this subparagraph and, in consultation with the department or agency concerned, make such additions and deletions as are necessary. Departments and agencies shall cooperate to the fullest extent with the Director of the Office of Government Ethics in the exercise of his responsibilities under this paragraph. '(2) The prohibition of subsection (c) shall not apply to appearances, communications, or representation by a former officer or employee, who is - '(A) an elected official of a State or local government, or '(B) whose principal occupation or employment is with (i) an agency or instrumentality of a State or local government, (ii) an accredited, degree-granting institution of higher education, as defined in section 1201(a) of the Higher Education Act of 1965, or (iii) a hospital or medical research organization, exempted and defined under section 501(c)(3) of the Internal Revenue Code of 1986, and the appearance, communication, or representation is on behalf of such government, institution, hospital, or organization. '(e) For the purposes of subsection (c), whenever the Director of the Office of Government Ethics determines that a separate statutory agency or bureau within a department or agency exercises functions which are distinct and separate from the remaining functions of the department or agency, the Director shall by rule designate such agency or bureau as a separate department or agency; except that such designation shall not apply to former heads of designated bureaus or agencies, or former officers and employees of the department or agency whose official responsibilities included supervision of said agency or bureau. '(f) The prohibitions of subsections (a), (b), and (c) shall not apply with respect to the making of communications solely for the purpose of furnishing scientific or technological information under procedures acceptable to the department or agency concerned, or if the head of the department or agency concerned with the particular matter, in consultation with the Director of the Office of Government Ethics, makes a certification, published in the Federal Register, that the former officer or employee has outstanding qualifications in a scientific, technological, or other technical discipline, and is acting with respect to a particular matter which requires such qualifications, and that the national interest would be served by the participation of the former officer or employee. '(g) Whoever, being a partner of an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, including a special Government employee, acts as agent or attorney for anyone other than the United States before any department, agency, court, court-martial, or any civil, military, or naval commission of the United States or the District of Columbia, or any officer or employee thereof, in connection with any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter in which the United States or the District of Columbia is a party or has a direct and substantial interest and in which such officer or employee or special Government employee participates or has participated personally and substantially as an officer or employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or which is the subject of his official responsibility, shall be fined not more than $5,000, or imprisoned for not more than one year, or both. '(h) Nothing in this section shall prevent a former officer or employee from giving testimony under oath, or from making statements required to be made under penalty of perjury. '(i) The prohibition contained in subsection (c) shall not apply to appearances or communications by a former officer or employee concerning matters of a personal and individual nature, such as personal income taxes or pension benefits; nor shall the prohibition of that subsection prevent a former officer or employee from making or providing a statement, which is based on the former officer's or employee's own special knowledge in the particular area that is the subject of the statement, provided that no compensation is thereby received, other than that regularly provided for by law or regulation for witnesses. '(j) If the head of the department or agency in which the former officer or employee served finds, after notice and opportunity for a hearing, that such former officer or employee violated subsection (a), (b), or (c) of this section, such department or agency head may prohibit that person from making, on behalf of any other person (except the United States), any informal or formal appearance before, or, with the intent to influence, any oral or written communication to, such department or agency on a pending matter of business for a period not to exceed five years, or may take other appropriate disciplinary action. Such disciplinary action shall be subject to review in an appropriate United States district court. No later than six months after the effective date of this Act, departments and agencies shall, in consultation with the Director of the Office of Government Ethics, establish procedures to carry out this subsection. '(k)(1)(A) The President may grant a waiver of a restriction imposed by this section to any officer or employee described in paragraph (2) if the President determines and certifies in writing that it is in the public interest to grant the waiver and that the services of the officer or employee are critically needed for the benefit of the Federal Government. Not more than 25 officers and employees currently employed by the Federal Government at any one time may have been granted waivers under this paragraph. '(B) A waiver granted under this paragraph to any person shall apply only with respect to activities engaged in by that person after that person's Federal Government employment is terminated and only to that person's employment at a Government-owned, contractor operated entity with which the person served as an officer or employee immediately before the person's Federal Government employment began. '(2) Waivers under paragraph (1) may be granted only to civilian officers and employees of the executive branch, other than officers and employees in the Executive Office of the President. '(3) A certification under paragraph (1) shall take effect upon its publication in the Federal Register and shall identify - '(A) the officer or employee covered by the waiver by name and by position, and '(B) the reasons for granting the waiver. A copy of the certification shall also be provided to the Director of the Office of Government Ethics. '(4) The President may not delegate the authority provided by this subsection. '(5)(A) Each person granted a waiver under this subsection shall prepare reports, in accordance with subparagraph (B), stating whether the person has engaged in activities otherwise prohibited by this section for each six-month period described in subparagraph (B), and if so, what those activities were. '(B) A report under subparagraph (A) shall cover each six-month period beginning on the date of the termination of the person's Federal Government employment (with respect to which the waiver under this subsection was granted) and ending two years after that date. Such report shall be filed with the President and the Director of the Office of Government Ethics not later than 60 days after the end of the six-month period covered by the report. All reports filed with the Director under this paragraph shall be made available for public inspection and copying. '(C) If a person fails to file any report in accordance with subparagraphs (A) and (B), the President shall revoke the waiver and shall notify the person of the revocation. The revocation shall take effect upon the person's receipt of the notification and shall remain in effect until the report is filed. '(D) Any person who is granted a waiver under this subsection shall be ineligible for appointment in the civil service unless all reports required of such person by subparagraphs (A) and (B) have been filed. '(E) As used in this subsection, the term 'civil service' has the meaning given that term in section 2101 of title 5.' EFFECTIVE DATE OF 1978 AMENDMENT Section 503 of Pub. L. 95-521, which provided that the amendments made by section 501 (amending this section) shall become effective on July 1, 1979, was amended generally by Pub. L. 101-194, title VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761, and is now set out in the Appendix to Title 5, Government Organization and Employees. Section 502 of Pub. L. 95-521, which provided that the amendments made by section 501 (amending this section) shall not apply to those individuals who left Government service prior to the effective date of such amendments (July 1, 1979) or, in the case of individuals who occupied positions designated pursuant to section 207(d) of title 18, United States Code, prior to the effective date of such designation; except that any such individual who returns to Government service on or after the effective date of such amendments or designation shall be thereafter covered by such amendments or designation, was amended generally by Pub. L. 101-194, title VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761, and is now set out in the Appendix to Title 5. 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. PROMULGATION OF REGULATIONS Responsibility of Office of Government Ethics for promulgating regulations and interpreting this section, see section 201(c) of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees. AGENCIES WITHIN EXECUTIVE OFFICE OF PRESIDENT For provisions relating to treatment of agencies within the Executive Office of the President as one agency under subsec. (c) of this section, see Ex. Ord. No. 12674, Sec. 202, Apr. 12, 1989, 54 F.R. 15160, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees. EXEMPTIONS Exemptions from former section 284 of this title deemed to be exemptions from this section, see section 2 of Pub. L. 87-849, set out as a note under section 203 of this title. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES American Institute in Taiwan, employees in representing Institute to be exempt from this section, see section 3310 of Title 22, Foreign Relations and Intercourse. Definitions, see section 202 of this title. Memorandum of Attorney General regarding conflict of interest provisions, see note under section 201 of this title. Officials appointed under laws and regulations of the Universal Military Training and Service System, nonapplicability of this section to, see section 463 of Title 50, Appendix, War and National Defense. Surplus property, disposal of, restriction on practice by former Government officers and employees and commissioned officers, see section 471 et seq. of Title 40, Public Buildings, Property, and Works. Wartime suspension of limitations, see section 3287 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 202, 216 of this title; title 5 sections 588, 3374; title 12 section 2245; title 16 section 459b-7; title 22 sections 3310, 3507, 3508, 3622; title 25 section 450i; title 28 sections 594, 656; title 30 section 663; title 38 section 3402; title 40 App. section 108; title 42 sections 1396a, 1975d, 7216, 7218; title 50 section 405; title 50 App. section 463. ------DocID 23846 Document 88 of 1438------ -CITE- 18 USC Sec. 208 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 208. Acts affecting a personal financial interest -STATUTE- (a) Except as permitted by subsection (b) hereof, whoever, being an officer or employee of the executive branch of the United States Government, or of any independent agency of the United States, a Federal Reserve bank director, officer, or employee, or an officer or employee of the District of Columbia, including a special Government employee, participates personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which, to his knowledge, he, his spouse, minor child, general partner, organization in which he is serving as officer, director, trustee, general partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest - Shall be subject to the penalties set forth in section 216 of this title. (b) Subsection (a) shall not apply - (1) if the officer or employee first advises the Government official responsible for appointment to his or her position of the nature and circumstances of the judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by such official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the Government may expect from such officer or employee; (2) if, by regulation issued by the Director of the Office of Government Ethics, applicable to all or a portion of all officers and employees covered by this section, and published in the Federal Register, the financial interest has been exempted from the requirements of subsection (a) as being too remote or too inconsequential to affect the integrity of the services of the Government officers or employees to which such regulation applies; (3) in the case of a special Government employee serving on an advisory committee within the meaning of the Federal Advisory Committee Act (including an individual being considered for an appointment to such a position), the official responsible for the employee's appointment, after review of the financial disclosure report filed by the individual pursuant to the Ethics in Government Act of 1978, certifies in writing that the need for the individual's services outweighs the potential for a conflict of interest created by the financial interest involved; or (4) the (FOOTNOTE 1) financial interest that would be affected by the particular matter involved is that resulting solely from the interest of the officer or employee, or his or her spouse or minor child, in birthrights - (FOOTNOTE 1) So in original. Probably should be 'if the'. (A) in an Indian tribe, band, nation, or other organized group or community, including any Alaska Native village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, (B) in an Indian allotment the title to which is held in trust by the United States or which is inalienable by the allottee without the consent of the United States, or (C) in an Indian claims fund held in trust or administered by the United States, if the particular matter does not involve the Indian allotment or claims fund or the Indian tribe, band, nation, organized group or community, or Alaska Native village corporation as a specific party or parties. (c)(1) For the purpose of paragraph (1) of subsection (b), in the case of class A and B directors of Federal Reserve Banks, (FOOTNOTE 2) the Board of Governors of the Federal Reserve System shall be deemed to be the Government official responsible for appointment. (FOOTNOTE 2) So in original. Probably should not be capitalized. (2) The potential availability of an exemption under any particular paragraph of subsection (b) does not preclude an exemption being granted pursuant to another paragraph of subsection (b). (d)(1) Upon request, a copy of any determination granting an exemption under subsection (b)(1) or (b)(3) shall be made available to the public by the agency granting the exemption pursuant to the procedures set forth in section 105 of the Ethics in Government Act of 1978. In making such determination available, the agency may withhold from disclosure any information contained in the determination that would be exempt from disclosure under section 552 of title 5. For purposes of determinations under subsection (b)(3), the information describing each financial interest shall be no more extensive than that required of the individual in his or her financial disclosure report under the Ethics in Government Act of 1978. (2) The Office of Government Ethics, after consultation with the Attorney General, shall issue uniform regulations for the issuance of waivers and exemptions under subsection (b) which shall - (A) list and describe exemptions; and (B) provide guidance with respect to the types of interests that are not so substantial as to be deemed likely to affect the integrity of the services the Government may expect from the employee. -SOURCE- (Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1124, and amended Pub. L. 95-188, title II, Sec. 205, Nov. 16, 1977, 91 Stat. 1388; Pub. L. 101-194, title IV, Sec. 405, Nov. 30, 1989, 103 Stat. 1751; Pub. L. 101-280, Sec. 5(e), May 4, 1990, 104 Stat. 159.) -REFTEXT- REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (b)(3), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. The Ethics in Government Act of 1978, referred to in subsecs. (b)(3) and (d)(1), is Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Pub. L. 95-521 in the Appendix to Title 5 and Tables. The Alaska Native Claims Settlement Act, referred to in subsec. (b)(4)(A), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. -MISC2- PRIOR PROVISIONS A prior section 208, act June 25, 1948, ch. 645, 62 Stat. 693, related to the acceptance of solicitation of a bribe by a judicial officer, prior to the general amendment of this chapter by Pub. L. 87-849 and is substantially covered by revised section 201. Provisions similar to those comprising this section were contained in section 434 of this title prior to the repeal of such section and the general amendment of this chapter by Pub. L. 87-849. AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-280, Sec. 5(e)(2), made technical correction to directory language of Pub. L. 101-194, Sec. 405(1)(C). See 1989 Amendment note below. Subsec. (b)(2). Pub. L. 101-280, Sec. 5(e)(1)(A), substituted 'subsection (a)' for 'paragraph (1)'. Subsec. (b)(3). Pub. L. 101-280, Sec. 5(e)(1)(B), struck out 'section 107 of' after 'individual pursuant to'. Subsec. (d)(1). Pub. L. 101-280, Sec. 5(e)(1)(C), amended par. (1) generally. Prior to amendment, par. (1) read as follows: 'A copy of any determination by other than the Director of the Office of Government Ethics granting an exemption pursuant to subsection (b)(1) or (b)(3) shall be submitted to the Director, who shall make all determinations available to the public pursuant to section 105 of the Ethics in Government Act of 1978. For determinations pursuant to subsection (b)(3), the information from the financial disclosure report of the officer or employee involved describing the asset or assets that necessitated the waiver shall also be made available to the public. This subsection shall not apply, however, if the head of the agency or his or her designee determines that the determination under subsection (b)(1) or (b)(3), as the case may be, involves classified information.' 1989 - Subsec. (a). Pub. L. 101-194, Sec. 405(1), as amended by Pub. L. 101-280, Sec. 5(e)(2), inserted 'or' after 'United States Government,' and 'an officer or employee' before 'of the District of Columbia', substituted 'general partner' for 'partner' in two places, and substituted 'Shall be subject to the penalties set forth in section 216 of this title' for 'Shall be fined not more than $10,000, or imprisoned not more than two years, or both'. Subsec. (b). Pub. L. 101-194, Sec. 405(2), added subsec. (b) and struck out former subsec. (b), which read as follows: 'Subsection (a) hereof shall not apply (1) if the officer or employee first advises the Government official responsible for appointment to his position of the nature and circumstances of the judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by such official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the Government may expect from such officer or employee, or (2) if, by general rule or regulation published in the Federal Register, the financial interest has been exempted from the requirements of clause (1) hereof as being too remote or too inconsequential to affect the integrity of Government officers' or employees' services. In the case of class A and B directors of Federal Reserve banks, the Board of Governors of the Federal Reserve System shall be the Government official responsible for appointment.' Subsecs. (c), (d). Pub. L. 101-194, Sec. 405(2), added subsecs. (c) and (d). 1977 - Subsec. (a). Pub. L. 95-188, Sec. 205(a), extended conflicts of interest prohibition to a Federal Reserve bank director, officer, or employee. Subsec. (b). Pub. L. 95-188, Sec. 205(b), inserted at end 'In the case of class A and B directors of Federal Reserve banks, the Board of Governors of the Federal Reserve System shall be the Government official responsible for appointment.' 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. EXEMPTIONS Exemptions from former section 434 of this title deemed to be exemptions from this section, see section 2 of Pub. L. 87-849, set out as a note under section 203 of this title. -TRANS- DELEGATION OF AUTHORITY Authority of the President under subsec. (b) of this section to grant exemptions or approvals to individuals delegated to agency heads, see section 401 of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees. Authority of the President under subsec. (b) of this section to grant exemptions or approvals for Presidential appointees to committees, commissions, boards, or similar groups established by the President, and for individuals appointed pursuant to sections 105 and 107(a) of Title 3, The President, delegated to Counsel to the President, see section 402 of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5. -MISC5- PROMULGATION OF REGULATIONS Responsibility of Office of Government Ethics for promulgating regulations and interpreting this section, see section 201(c) of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees. 'PARTICULAR MATTER' DEFINED Pub. L. 100-446, title III, Sec. 319, Sept. 27, 1988, 102 Stat. 1826, which provided that notwithstanding any other provision of law, for the purposes of this section 'particular matter', as applied to employees of the Department of the Interior and the Indian Health Service, means 'particular matter involving specific parties', was repealed by Pub. L. 101-194, title V, Sec. 505(b), Nov. 30, 1989, 103 Stat. 1756, as amended by Pub. L. 101-280, Sec. 6(c), May 4, 1990, 104 Stat. 160. Similar provisions were contained in Pub. L. 100-202, Sec. 101(g) (title III, Sec. 318), Dec. 22, 1987, 101 Stat. 1329-213, 1329-255. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Definitions, see section 202 of this title. Mail contracts, conflict of interest, see section 440 of this title. Memorandum of Attorney General regarding conflict of interest provisions, see note under section 201 of this title. Purchase of certain claims against United States forbidden, see section 291 of this title. Salary of Government officials and employees payable only by the United States, see section 209 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 202, 216 of this title; title 5 sections 588, 3374; title 12 section 2245; title 15 section 4805; title 16 section 1852; title 20 section 5508; title 22 sections 3507, 3508, 3622; title 26 section 1043; title 28 sections 594, 656; title 28 App. section 302; title 40 App. section 108; title 42 sections 1396a, 1975d, 7218; title 46 App. section 1717; title 47 section 154. ------DocID 23847 Document 89 of 1438------ -CITE- 18 USC Sec. 209 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 209. Salary of Government officials and employees payable only by United States -STATUTE- (a) Whoever receives any salary, or any contribution to or supplementation of salary, as compensation for his services as an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, from any source other than the Government of the United States, except as may be contributed out of the treasury of any State, county, or municipality; or Whoever, whether an individual, partnership, association, corporation, or other organization pays, or makes any contribution to, or in any way supplements the salary of, any such officer or employee under circumstances which would make its receipt a violation of this subsection - Shall be subject to the penalties set forth in section 216 of this title. (b) Nothing herein prevents an officer or employee of the executive branch of the United States Government, or of any independent agency of the United States, or of the District of Columbia, from continuing to participate in a bona fide pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan maintained by a former employer. (c) This section does not apply to a special Government employee or to an officer or employee of the Government serving without compensation, whether or not he is a special Government employee, or to any person paying, contributing to, or supplementing his salary as such. (d) This section does not prohibit payment or acceptance of contributions, awards, or other expenses under the terms of the (FOOTNOTE 1) chapter 41 of title 5. (FOOTNOTE 1) So in original. The word 'the' probably should not appear. (e) This section does not prohibit the payment of actual relocation expenses incident to participation, or the acceptance of same by a participant in an executive exchange or fellowship program in an executive agency: Provided, That such program has been established by statute or Executive order of the President, offers appointments not to exceed three hundred and sixty-five days, and permits no extensions in excess of ninety additional days or, in the case of participants in overseas assignments, in excess of three hundred and sixty-five days. (f) This section does not prohibit acceptance or receipt, by any officer or employee injured during the commission of an offense described in section 351 or 1751 of this title, of contributions or payments from an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and which is exempt from taxation under section 501(a) of such Code. -SOURCE- (Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1125, and amended Pub. L. 96-174, Dec. 29, 1979, 93 Stat. 1288; Pub. L. 97-171, Apr. 13, 1982, 96 Stat. 67; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-646, Sec. 70, Nov. 10, 1986, 100 Stat. 3617; Pub. L. 101-194, title IV, Sec. 406, Nov. 30, 1989, 103 Stat. 1753; Pub. L. 101-647, title XXXV, Sec. 3510, Nov. 29, 1990, 104 Stat. 4922.) -REFTEXT- REFERENCES IN TEXT Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (f), is classified to section 501 of Title 26, Internal Revenue Code. -MISC2- PRIOR PROVISIONS A prior section 209, act June 25, 1948, ch. 645, 62 Stat. 693, related to an offer of a bribe to a witness, prior to the general amendment of this chapter by Pub. L. 87-849 and is substantially covered by section 201. Provisions similar to those comprising this section were contained in section 1914 of this title prior to the repeal of such section and the general amendment of this chapter by Pub. L. 87-849. AMENDMENTS 1990 - Subsec. (d). Pub. L. 101-647 substituted 'chapter 41 of title 5' for 'Government Employees Training Act (Public Law 85-507, 72 Stat. 327; 5 U.S.C. 2301-2319, July 7, 1958)'. 1989 - Subsec. (a). Pub. L. 101-194 substituted at end 'Shall be subject to the penalties set forth in section 216 of this title.' for 'Shall be fined not more than $5,000 or imprisoned not more than one year, or both.' 1986 - Subsec. (e). Pub. L. 99-646 inserted 'or, in the case of participants in overseas assignments, in excess of three hundred and sixty-five days'. Subsec. (f). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. 1982 - Subsec. (f). Pub. L. 97-171 added subsec. (f). 1979 - Subsec. (e). Pub. L. 96-174 added subsec. (e). 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. PROMULGATION OF REGULATIONS Responsibility of Office of Government Ethics for promulgating regulations and interpreting this section, see section 201(c) of Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees. EXEMPTIONS Exemptions from former section 1914 of this title deemed to be exemptions from this section, see section 2 of Pub. L. 87-849, set out as a note under section 203 of this title. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Acceptance of contributions, awards and other payments incident to training without regard to this section, see section 4111 of Title 5, Government Organization and Employees. Definitions, see section 202 of this title. Department of Agriculture officials and employees not subject to this section, see section 2220 of Title 7, Agriculture. Doctors, hospitals, etc., performing services in connection with benefits under Railroad Unemployment Insurance Act exempt from this section, see section 362 of Title 45, Railroads. Forest Service officials and employees not subject to this section, see section 2220 of Title 7, Agriculture. Immigration officials, section not to prevent receipt of reimbursements for services incident to inspection of aliens in foreign contiguous territory, see section 1353c of Title 8, Aliens and Nationality. International organizations, payment of employees detailed to without regard to this section, see section 3343 of Title 5, Government Organization and Employees. Memorandum of Attorney General regarding conflict of interest provisions, see note under section 201 of this title. Railroad Retirement Board employees administrating Railroad Unemployment Insurance Act exempt from this section, see section 362 of Title 45, Railroads. Reading assistants for blind employees, payment without regard to this section, see section 3102 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 202, 216 of this title; title 2 section 162; title 5 sections 588, 3102, 3343, 3374, 4111; title 7 section 2220; title 8 section 1353c; title 12 section 2245; title 16 section 459b-7; title 22 sections 3507, 3508; title 28 sections 594, 656; title 30 section 663; title 40 App. section 108; title 42 sections 1314, 1975d; title 45 section 362. ------DocID 23848 Document 90 of 1438------ -CITE- 18 USC Sec. 210 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 210. Offer to procure appointive public office -STATUTE- Whoever pays or offers or promises any money or thing of value, to any person, firm, or corporation in consideration of the use or promise to use any influence to procure any appointive office or place under the United States for any person, shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 694, Sec. 210, formerly Sec. 214, renumbered Oct. 23, 1962, Pub. L. 87-849, Sec. 1(b), 76 Stat. 1125.) -MISC1- HISTORICAL AND REVISION NOTES Based on Title 18, U. S.C., 1940 ed., Sec. 149 and 151 (Dec. 11, 1926, c. 3, Sec. 1, 3, 44 Stat. 918). Changes of style and substance were made in this section. Term 'or place' was inserted after words 'appointive office' in order to give broader scope to the section and also to follow the phraseology used in similar provisions of section 202 of Title 18, U.S.C., 1940 ed., now section 216 (repealed) of this title. (See 46 Corpus Juris 924, where it is explained that the work 'places' is used in a less technical sense than the word 'offices'.) The punishment provision, added at the end of this section and section 215 (now section 211) of this title to secure uniformity of style throughout this chapter, was originally enacted as a separate section, incorporating the other two by reference. 80th Congress House Report No. 304. PRIOR PROVISIONS A prior section 210, act June 25, 1948, ch. 645, 62 Stat. 693, related to acceptance of a bribe by a witness, prior to the general amendment of this chapter by Pub. L. 87-849 and is substantially covered in revised section 201. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Minor offenses tried by United States magistrate judges as excluding offenses punishable under this section, see section 3401 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title; title 28 section 656. ------DocID 23849 Document 91 of 1438------ -CITE- 18 USC Sec. 211 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 211. Acceptance or solicitation to obtain appointive public office -STATUTE- Whoever solicits or receives, either as a political contribution, or for personal emolument, any money or thing of value, in consideration of the promise of support or use of influence in obtaining for any person any appointive office or place under the United States, shall be fined not more than $1,000 or imprisoned not more than one year, or both. Whoever solicits or receives any thing of value in consideration of aiding a person to obtain employment under the United States either by referring his name to an executive department or agency of the United States or by requiring the payment of a fee because such person has secured such employment shall be fined not more than $1,000, or imprisoned not more than one year, or both. This section shall not apply to such services rendered by an employment agency pursuant to the written request of an executive department or agency of the United States. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 694, Sec. 211, formerly Sec. 215, amended Sept. 13, 1951, ch. 380, 65 Stat. 320, and renumbered Oct. 23, 1962, Pub. L. 87-849, Sec. 1(b), 76 Stat. 1125.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 150 and 151 (Dec. 11, 1926, ch. 3, Sec. 2, 3, 44 Stat. 918). Same changes of style and substance were made in this section as in section 214 of this title. PRIOR PROVISIONS A prior section 211, act June 25, 1948, ch. 645, 62 Stat. 693, related to an offer of a gratuity to a revenue officer, prior to the general amendment of this chapter by Pub. L. 87-849 and is substantially covered in revised section 201. AMENDMENTS 1951 - Act Sept. 13, 1951, inserted second paragraph. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Minor offenses tried by United States magistrate judges as excluding offenses punishable under this section, see section 3401 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title; title 28 section 656. ------DocID 23850 Document 92 of 1438------ -CITE- 18 USC Sec. 212 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 212. Offer of loan or gratuity to bank examiner -STATUTE- Whoever, being an officer, director or employee of a financial institution which is a member of the Federal Reserve System, or the deposits of which are insured by the Federal Deposit Insurance Corporation, or which is a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or which is an organization operating under section 25 or section 25(a) of the Federal Reserve Act, or of any National Agricultural Credit Corporation, or of any Farm Credit Bank, bank for cooperatives, production credit association, Federal land bank association, agricultural credit association, Federal land credit association, service organization chartered under section 4.26 of the Farm Credit Act of 1971, the Farm Credit System Financial Assistance Corporation, the Federal Agricultural Mortgage Credit Corporation, the Federal Farm Credit Banks Funding Corporation, the National Consumer Cooperative Bank, or other institution subject to examination by a Farm Credit Administration examiner, or of any small business investment company, makes or grants any loan or gratuity, to any examiner or assistant examiner who examines or has authority to examine such bank, branch, agency, organization, corporation, or institution, shall be fined not more than $5,000 or imprisoned not more than one year, or both; and may be fined a further sum equal to the money so loaned or gratuity given. The provisions of this section and section 218 (FOOTNOTE 1) of this title shall apply to all public examiners and assistant examiners who examine member banks of the Federal Reserve System, insured financial institutions, branches or agencies of foreign banks (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), organizations operating under section 25 or section 25(a) of the Federal Reserve Act, or National Agricultural Credit Corporations, whether appointed by the Comptroller of the Currency, by the Board of Governors of the Federal Reserve System, by a Federal Reserve Agent, by a Federal Reserve bank, by the Federal Deposit Insurance Corporation, by the Office of Thrift Supervision, or by the Federal Housing Finance Board, or appointed or elected under the laws of any state; but shall not apply to private examiners or assistant examiners employed only by a clearinghouse association or by the directors of a bank. (FOOTNOTE 1) See References in Text note below. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 694, Sec. 212, formerly Sec. 217, amended Aug. 21, 1958, Pub. L. 85-699, title VII, Sec. 701(a), 72 Stat. 698; Aug. 18, 1959, Pub. L. 86-168, title I, Sec. 104(h), 73 Stat. 387, and renumbered Oct. 23, 1962, Pub. L. 87-849, Sec. 1(d), 76 Stat. 1125; Aug. 9, 1989, Pub. L. 101-73, title IX, Sec. 962(a)(1), 103 Stat. 501; Nov. 29, 1990, Pub. L. 101-647, title XXV, Sec. 2597(b), 104 Stat. 4908.) -MISC1- HISTORICAL AND REVISION NOTES Based on sections 593 and 1245 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, Sec. 22, 38 Stat. 272; Sept. 26, 1918, ch. 177, Sec. 5, 40 Stat. 970; Mar. 4, 1923, ch. 252, title II, Sec. 209(e), 42 Stat. 1468; Feb. 25, 1927, ch. 191, Sec. 15, 44 Stat. 1232; Aug. 23, 1935, ch. 614, Sec. 326(a), 49 Stat. 715). Section 593 of title 12, U.S.C., 1940 ed., Banks and Banking, was divided into three sections: this section and sections 218 and 655 of this title. Words 'shall be deemed guilty of a misdemeanor and' were omitted as unnecessary in view of definition of misdemeanor in section 1 of this title. This section was expanded to include 'National Agricultural Credit Corporations' by including this term in each paragraph, upon authority of section 1245 of title 12, U.S.C., 1940 ed., Banks and Banking. No penalty was provided for offering a bribe to farm credit examiners. The words 'or of any land bank, national farm loan association, or other institution subject to examination by a farm credit examiner,' were added upon the authority of section 952 of said title 12. Reference to persons causing or procuring was omitted as unnecessary in view of definition of 'principal' in section 2 of this title. Changes in phraseology were also made. -REFTEXT- REFERENCES IN TEXT Section 1(b) of the International Banking Act of 1978, referred to in text, is classified to section 3101 of Title 12, Banks and Banking. Section 25 of the Federal Reserve Act, referred to in text, is classified to subchapter I (Sec. 601 et seq.) of chapter 6 of Title 12. Section 25(a) of the Federal Reserve Act is classified to subchapter II (Sec. 611 et seq.) of chapter 6 of Title 12. Section 4.26 of the Farm Credit Act of 1971, referred to in text, is classified to section 2212 of Title 12. Section 218 of this title, referred to in text, is a reference to section 218 prior to its redesignation as section 213 of this title by section 1(d) of Pub. L. 87-849. -MISC2- PRIOR PROVISIONS A prior section 212, act June 25, 1948, ch. 645, 62 Stat. 693, related to an offer or threat to a customs officer or employee, prior to the general amendment to this chapter by Pub. L. 87-849 and is substantially covered by revised section 201. AMENDMENTS 1990 - Pub. L. 101-647 in first undesignated par. substituted 'System, or the deposits of which' for 'System or the deposits of which', inserted 'or which is a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or which is an organization operating under section 25 or section 25(a) of the Federal Reserve Act,' after 'Federal Deposit Insurance Corporation,' and inserted 'branch, agency, organization,' after 'who examines or has authority to examine such bank,' and in second undesignated par. substituted 'System, insured' for 'System or insured', and inserted 'branches or agencies of foreign banks (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), organizations operating under section 25 or section 25(a) of the Federal Reserve Act,' after 'financial institutions,'. 1989 - Pub. L. 101-73 in first undesignated paragraph substituted 'financial institution' for first reference to 'bank' and substituted 'Farm Credit Bank, bank for cooperatives, production credit association, Federal land bank association, agricultural credit association, Federal land credit association, service organization chartered under section 4.26 of the Farm Credit Act of 1971, the Farm Credit System Financial Assistance Corporation, the Federal Agricultural Mortgage Credit Corporation, the Federal Farm Credit Banks Funding Corporation, the National Consumer Cooperative Bank, or other institution subject to examination by a Farm Credit Administration examiner' for 'land bank, Federal land bank association or other institution subject to examination by a farm credit examiner', and in second undesignated paragraph substituted 'insured financial institutions' for 'insured banks' and substituted ', by the Federal Deposit Insurance Corporation, by the Office of Thrift Supervision, or by the Federal Housing Finance Board' for 'or by the Federal Deposit Insurance Corporation'. 1959 - Pub. L. 86-168 substituted 'Federal land bank association' for 'national farm loan association'. 1958 - Pub. L. 85-699 included officers, directors and employees of small business investment companies. EFFECTIVE DATE OF 1959 AMENDMENT Amendment of section by Pub. L. 86-168 effective Dec. 31, 1959, see section 104(k) of Pub. L. 86-168. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in the Comptroller of the Currency, referred to in this section, were not included in the transfer of functions of officers, agencies and employees of the Department of the Treasury to the Secretary of the Treasury, made by Reorg. Plan No. 26 of 1950, Sec. 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280. See section 321(c)(2) of Title 31, Money and Finance. -MISC5- NATIONAL AGRICULTURAL CREDIT CORPORATION Title II of the Agricultural Credits Act, act Mar. 4, 1923, title II, Sec. 201-217, 42 Stat. 1461, which authorized the creation of national agricultural credit corporations, was substantially repealed by Pub. L. 86-230, Sept. 8, 1959, Sec. 24, 73 Stat. 466. Prior to such repeal, act June 16, 1933, Sec. 77, 48 Stat. 292, had prohibited the creation, after June 16, 1933, of national agricultural credit corporations authorized to be formed under the Agricultural Credits Act. -CROSS- CROSS REFERENCES Civil liability of officers or directors of member banks of the Federal Reserve System for violating or permitting violation of this section, see section 503 of Title 12, Banks and Banking. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 section 503. ------DocID 23851 Document 93 of 1438------ -CITE- 18 USC Sec. 213 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 213. Acceptance of loan or gratuity by bank examiner -STATUTE- Whoever, being an examiner or assistant examiner of member banks of the Federal Reserve System, financial institutions the deposits of which are insured by the Federal Deposit Insurance Corporation, which are branches or agencies of foreign banks (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or which are organizations operating under section 25 or section 25(a) of the Federal Reserve Act, or a farm credit examiner or examiner of National Agricultural Credit Corporations, or an examiner of small business investment companies, accepts a loan or gratuity from any bank, branch, agency, corporation, association or organization examined by him or from any person connected herewith, shall be fined not more than $5,000 or imprisoned not more than one year, or both; and may be fined a further sum equal to the money so loaned or gratuity given, and shall be disqualified from holding office as such examiner. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 695, Sec. 213, formerly Sec. 218, amended Aug. 21, 1958, Pub. L. 85-699, title VII, Sec. 701(b), 72 Stat. 698, and renumbered Oct. 23, 1962, Pub. L. 87-849, Sec. 1(d), 76 Stat. 1125; Aug. 9, 1989, Pub. L. 101-73, title IX, Sec. 962(a)(2), 103 Stat. 502; Nov. 29, 1990, Pub. L. 101-647, title XXV, Sec. 2597(c), 104 Stat. 4909.) -MISC1- HISTORICAL AND REVISION NOTES Based on sections 593, 952, 981, 1124, 1243, 1314 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, Sec. 22, 38 Stat. 272; July 17, 1916, ch. 245, Sec. 28, 31, 39 Stat. 381, 382, and Sec. 211(d) as added Mar. 4, 1923, ch. 252, Sec. 2, 42 Stat. 1460; Sept. 26, 1918, ch. 177, Sec. 5, 40 Stat. 970; Mar. 4, 1923, ch. 252, title II, Sec. 209(e), 216(d), 42 Stat. 1468, 1471; Feb. 25, 1927, ch. 191, Sec. 15, 44 Stat. 1232; Ex. Ord. No. 6084, Mar. 27, 1933; June 16, 1933, ch. 98, Sec. 80(a), 48 Stat. 273; Aug. 23, 1935, ch. 614, Sec. 326(a), 49 Stat. 715; Aug. 19, 1937, ch. 704, Sec. 20, 50 Stat. 710). This section is derived primarily from second paragraph of section 593 of title 12, U.S.C., 1940 ed., Banks and Banking, and consolidates provisions from sections 952, 981, 1124, 1243, and 1314 of said title 12. Words 'shall be deemed guilty of a misdemeanor' were omitted in view of definition of misdemeanor in section 1 of this title. The bribery provisions of such sections were alike and indeed were patterned after section 593 of said title 12, U.S.C., 1940 ed., Banks and Banking, incorporated in this section and section 217 of this title. Therefore, and in the light of sections 952 and 1243 of title 12, U.S.C., 1940 ed., Banks and Banking, this section was written as a consolidated section without change of substance or effect and with only such changes of phraseology as were necessary to effect the consolidation and secure uniformity of style. Other provisions of said sections 593, 952, 981, 1124, 1243 and 1314 of title 12, U.S.C., 1940 ed., are incorporated in sections 217, 655, 1014, 1908, and 1909 of this title. -REFTEXT- REFERENCES IN TEXT Section 1(b) of the International Banking Act of 1978, referred to in text, is classified to section 3101 of Title 12, Banks and Banking. Section 25 of the Federal Reserve Act, referred to in text, is classified to subchapter I (Sec. 601 et seq.) of chapter 6 of Title 12. Section 25(a) of the Federal Reserve Act is classified to subchapter II (Sec. 611 et seq.) of chapter 6 of Title 12. -MISC2- PRIOR PROVISIONS A prior section 213, act June 25, 1948, ch. 645, 62 Stat. 693, related to the acceptance or demand of a bribe by a customs officer or employee, prior to the general amendment to this chapter by Pub. L. 87-849 and is substantially covered by revised section 201. AMENDMENTS 1990 - Pub. L. 101-647 substituted 'System, financial institutions the deposits of which' for 'System or financial institutions the deposits of which' and inserted 'which are branches or agencies of foreign banks (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or which are organizations operating under section 25 or section 25(a) of the Federal Reserve Act,' after 'Federal Deposit Insurance Corporation,' and 'branch, agency,' after 'gratuity from any bank,'. 1989 - Pub. L. 101-73 substituted 'financial institutions the deposits of which' for 'banks the deposits of which'. 1958 - Pub. L. 85-699 included examiners of small business investment companies. NATIONAL AGRICULTURAL CREDIT CORPORATION Title II of the Agricultural Credits Act, act Mar. 4, 1923, title II, Sec. 201-217, 42 Stat. 1461, which authorized the creation of national agricultural credit corporations, was substantially repealed by Pub. L. 86-230, Sept. 8, 1959, Sec. 24, 73 Stat. 466. Prior to such repeal, act June 16, 1933, Sec. 77, 48 Stat. 292, had prohibited the creation, after June 16, 1933, of national agricultural credit corporations authorized to be formed under the Agricultural Credits Act. -CROSS- CROSS REFERENCES Civil liability of officers or directors for violations, see section 503 of Title 12, Banks and Banking. Offer of loan or gratuity to public examiners, see section 212 of this title. Secret Service, arrest of violators, see section 3056 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 212, 3056 of this title; title 12 section 503. ------DocID 23852 Document 94 of 1438------ -CITE- 18 USC Sec. 214 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 214. Offer for procurement of Federal Reserve bank loan and discount of commercial paper -STATUTE- Whoever stipulates for or gives or receives, or consents or agrees to give or receive, any fee, commission, bonus, or thing of value for procuring or endeavoring to procure from any Federal Reserve bank any advance, loan, or extension of credit or discount or purchase of any obligation or commitment with respect thereto, either directly from such Federal Reserve bank or indirectly through any financing institution, unless such fee, commission, bonus, or thing of value and all material facts with respect to the arrangement or understanding therefor shall be disclosed in writing in the application or request for such advance, loan, extension of credit, discount, purchase, or commitment, shall be fined not more than $5,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 695, Sec. 214, formerly Sec. 219, renumbered Oct. 23, 1962, Pub. L. 87-849, Sec. 1(d), 76 Stat. 1125.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 599 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, Sec. 22(k), as added by act June 19, 1934, ch. 653, Sec. 3, 48 Stat. 1108). Final sentence of said section 599, imposing civil liability on violators, was omitted as unnecessary, being merely a declaration of that rule of common law which in the absence of statute fixes civil liability on the wrongdoer. Minor changes were made in phraseology. PRIOR PROVISIONS A prior section 214 of this title was redesignated section 210. -CROSS- CROSS REFERENCES Liability of directors and officers of member banks, see section 503 of Title 12, Banks and Banking. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 section 503. ------DocID 23853 Document 95 of 1438------ -CITE- 18 USC Sec. 215 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 215. Receipt of commissions or gifts for procuring loans -STATUTE- (a) Whoever - (1) corruptly gives, offers, or promises anything of value to any person, with intent to influence or reward an officer, director, employee, agent, or attorney of a financial institution in connection with any business or transaction of such institution; or (2) as an officer, director, employee, agent, or attorney of a financial institution, corruptly solicits or demands for the benefit of any person, or corruptly accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business or transaction of such institution; shall be fined not more than $1,000,000 or three times the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted, whichever is greater, or imprisoned not more than 30 years, or both, but if the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted does not exceed $100, shall be fined not more than $1,000 or imprisoned not more than one year, or both. ((b) Transferred) (c) This section shall not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business. (d) Federal agencies with responsibility for regulating a financial institution shall jointly establish such guidelines as are appropriate to assist an officer, director, employee, agent, or attorney of a financial institution to comply with this section. Such agencies shall make such guidelines available to the public. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 695, Sec. 215, formerly Sec. 220, amended Sept. 21, 1950, ch. 967, Sec. 4, 64 Stat. 894, and renumbered Oct. 23, 1962, Pub. L. 87-849, Sec. 1(d), 76 Stat. 1125; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 1107(a), 98 Stat. 2145; Aug. 4, 1986, Pub. L. 99-370, Sec. 2, 100 Stat. 779; Aug. 9, 1989, Pub. L. 101-73, title IX, Sec. 961(a), 962(e)(1), 103 Stat. 499, 503; Nov. 29, 1990, Pub. L. 101-647, title XXV, Sec. 2504(a), 104 Stat. 4861.) -MISC1- HISTORICAL AND REVISION NOTES Based on sections 595, 1125, and 1315 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, Sec. 22, first sentence of second paragraph, 38 Stat. 272; July 17, 1916, ch. 245, Sec. 211(e), as added Mar. 4, 1923, ch. 252, Sec. 2, 42 Stat. 1460; June 21, 1917, ch. 32, Sec. 11, 40 Stat. 240; Sept. 26, 1918, ch. 177, Sec. 5, part 22(c), 40 Stat. 970; Mar. 4, 1923, ch. 252, title II, Sec. 216(e), 42 Stat. 1472). The punishment provisions of the three sections were identical, and all other provisions thereof were similar, except that section 595 of title 12, U.S.C., 1940 ed., Banks and Banking, relating to officers, directors, employees, or attorneys of member banks of the Federal Reserve System, did not include the terms 'agent' and 'acceptance' and did not include the phrase 'or extension or renewal of loan or substitution of security'. Words 'shall be deemed guilty of a misdemeanor' were omitted because of definition of misdemeanor in section 1 of this title. Words 'and upon conviction' and 'and shall upon conviction thereof' were omitted as surplusage because punishment cannot be imposed until after conviction. Verbal changes were made for style purposes. PRIOR PROVISIONS A prior section 215 of this title was redesignated section 211. AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-647 substituted '30' for '20' before 'years' in concluding provisions. 1989 - Subsec. (a). Pub. L. 101-73, Sec. 961(a), in closing provisions, substituted '$1,000,000' for '$5,000' and '20 years' for 'five years'. Subsec. (b). Pub. L. 101-73, Sec. 962(e)(1), transferred subsec. (b) to section 20 of this title. 1986 - Pub. L. 99-370 amended section generally, combining in subsec. (a) the statement of prohibited activities formerly set out in subsecs. (a) and (b), transferring to subsec. (b) and expanding provisions formerly set out in subsec. (c) which defined 'financial institution', transferring to subsec. (c) and amending provisions formerly set out in subsec. (d) relating to applicability of section, and adding new subsec. (d) relating to establishment of guidelines to assist financial institutions in complying with this section. 1984 - Pub. L. 98-473 amended section generally. Prior to amendment section read as follows: 'Whoever, being an officer, director, employee, agent, or attorney of any bank, the deposits of which are insured by the Federal Deposit Insurance Corporation, of a Federal intermediate credit bank, or of a National Agricultural Credit Corporation, except as provided by law, stipulates for or receives or consents or agrees to receive any fee, commission, gift, or thing of value, from any person, firm, or corporation, for procuring or endeavoring to procure for such person, firm, or corporation, or for any other person, firm, or corporation, from any such bank or corporation, any loan or extension or renewal of loan or substitution of security, or the purchase or discount or acceptance of any paper, note, draft, check, or bill of exchange by any such bank or corporation, shall be fined not more than $5,000 or imprisoned not more than one year or both.' 1950 - Act Sept. 21, 1950, substituted 'any bank, the deposits of which are insured by the Federal Deposit Insurance Corporation' for 'a member bank of the Federal Reserve System'. EFFECTIVE DATE OF 1986 AMENDMENT Section 3 of Pub. L. 99-370 provided that: 'This Act and the amendments made by this Act (amending this section and enacting a provision set out as a note under section 201 of this title) shall take effect 30 days after the date of the enactment of this Act (Aug. 4, 1986).' -CROSS- CROSS REFERENCES Civil liability of officers or directors of member banks of the Federal Reserve System, see section 503 of Title 12, Banks and Banking. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 225, 981, 982, 1510, 1956, 3059A, 3293, 3322 of this title; title 12 sections 503, 1786, 1787, 1821, 1828, 1829, 1831k, 1833a. ------DocID 23854 Document 96 of 1438------ -CITE- 18 USC Sec. 216 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 216. Penalties and injunctions -STATUTE- (a) The punishment for an offense under section 203, 204, 205, 207, 208, or 209 of this title is the following: (1) Whoever engages in the conduct constituting the offense shall be imprisoned for not more than one year or fined in the amount set forth in this title, or both. (2) Whoever willfully engages in the conduct constituting the offense shall be imprisoned for not more than five years or fined in the amount set forth in this title, or both. (b) The Attorney General may bring a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under section 203, 204, 205, 207, 208, or 209 of this title and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. (c) If the Attorney General has reason to believe that a person is engaging in conduct constituting an offense under section 203, 204, 205, 207, 208, or 209 of this title, the Attorney General may petition an appropriate United States district court for an order prohibiting that person from engaging in such conduct. The court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense. The filing of a petition under this section does not preclude any other remedy which is available by law to the United States or any other person. -SOURCE- (Added Pub. L. 101-194, title IV, Sec. 407(a), Nov. 30, 1989, 103 Stat. 1753, and amended Pub. L. 101-280, Sec. 5(f), May 4, 1990, 104 Stat. 159.) -MISC1- PRIOR PROVISIONS A prior section 216, acts June 25, 1948, ch. 645, 62 Stat. 695, Sec. 216, formerly Sec. 221, amended Aug. 21, 1958, Pub. L. 85-699, title VII, Sec. 702(a)-(c), 72 Stat. 698; Aug. 18, 1959, Pub. L. 86-168, title I, Sec. 104(h), 73 Stat. 387, and renumbered Oct. 23, 1962, Pub. L. 87-849, Sec. 1(d), 76 Stat. 1125, which related to receipt or charge of commissions or gifts for farm loan, land bank, or small business transactions, was repealed by Pub. L. 98-473, title II, Sec. 1107(b), Oct. 12, 1984, 98 Stat. 2146. Another prior section 216, act June 25, 1948, ch. 645, 62 Stat. 694, which related to procurement of a contract by an officer or Member of Congress, was repealed by section 1(c) of Pub. L. 87-849. AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-280, Sec. 5(f)(1), substituted 'section 203, 204, 205, 207, 208, or 209' for 'sections 203, 204, 205, 207, 208, and 209'. Subsec. (b). Pub. L. 101-280, Sec. 5(f)(2), substituted 'section 203, 204, 205, 207, 208, or 209' for 'sections 203, 204, 205, 207, 208, and 209'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 203, 204, 205, 207, 208, 209 of this title. ------DocID 23855 Document 97 of 1438------ -CITE- 18 USC Sec. 217 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 217. Acceptance of consideration for adjustment of farm indebtedness -STATUTE- Whoever, being an officer or employee of, or person acting for the United States or any agency thereof, accepts any fee, commission, gift, or other consideration in connection with the compromise, adjustment, or cancellation of any farm indebtedness as provided by sections 1150, 1150a, and 1150b of Title 12, shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 696, Sec. 217, formerly Sec. 222, renumbered Oct. 23, 1962, Pub. L. 87-849, Sec. 1(d), 76 Stat. 1125.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 1150c(b) of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 20, 1944, ch. 623, Sec. 4(b), 58 Stat. 837). Words 'upon conviction thereof' were omitted as surplusage, since punishment cannot be imposed until after conviction. Other changes were made in phraseology without change of substance. PRIOR PROVISIONS A prior section 217 of this title was redesignated section 212. ------DocID 23856 Document 98 of 1438------ -CITE- 18 USC Sec. 218 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 218. Voiding transactions in violation of chapter; recovery by the United States -STATUTE- In addition to any other remedies provided by law the President or, under regulations prescribed by him, the head of any department or agency involved, may declare void and rescind any contract, loan, grant, subsidy, license, right, permit, franchise, use, authority, privilege, benefit, certificate, ruling, decision, opinion, or rate schedule awarded, granted, paid, furnished, or published, or the performance of any service or transfer or delivery of any thing to, by or for any agency of the United States or officer or employee of the United States or person acting on behalf thereof, in relation to which there has been a final conviction for any violation of this chapter, and the United States shall be entitled to recover in addition to any penalty prescribed by law or in a contract the amount expended or the thing transferred or delivered on its behalf, or the reasonable value thereof. -SOURCE- (Added Pub. L. 87-849, Sec. 1(e), Oct. 23, 1962, 76 Stat. 1125.) -MISC1- PRIOR PROVISIONS A prior section 218 of this title was redesignated section 213. 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. -EXEC- EX. ORD. NO. 12448. EXERCISE OF AUTHORITY Ex. Ord. No. 12448, Nov. 4, 1983, 48 F.R. 51281, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, including section 218 of title 18 of the United States Code, and in order to provide federal agencies with the authority to promulgate regulations for voiding or rescinding contracts or other benefits obtained through bribery, graft or conflict of interest, it is hereby ordered as follows: Section 1. The head of each Executive department, Military department and Executive agency is hereby delegated the authority vested in the President to declare void and rescind the transactions set forth in section 218 of title 18 of the United States Code in relation to which there has been a final conviction for any violation of chapter 11 of title 18. Sec. 2. The head of each Executive department and agency described in section 1 may exercise the authority hereby delegated by promulgating implementing regulations; provided that the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration jointly shall issue government-wide implementing regulations related to voiding or rescission of contracts. Sec. 3. Implementing regulations adopted pursuant to this Order shall, at a minimum, provide the following procedural protections: (a) Written notice of the proposed action shall be given in each case to the person or entity affected; (b) The person or entity affected shall be afforded an opportunity to submit pertinent information on its behalf before a final decision is made; (c) Upon the request of the person or entity affected, a hearing shall be held at which it shall have the opportunity to call witnesses on its behalf and confront any witness the agency may present; and (d) The head of the agency or his designee shall issue a final written decision specifying the amount of restitution or any other remedy authorized by section 218, provided that such remedy shall take into consideration the fair value of any tangible benefits received and retained by the agency. Ronald Reagan. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Definitions, see section 202 of this title. Memorandum of Attorney General regarding conflict of interestprovisions, see note under section 201 of this title. Secret Service, detection and arrest of persons violating this section, see section 3056 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 202, 212 of this title. ------DocID 23857 Document 99 of 1438------ -CITE- 18 USC Sec. 219 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 219. Officers and employees acting as agents of foreign principals -STATUTE- (a) Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938, as amended, shall be fined under this title or imprisoned for not more than two years, or both. (b) Nothing in this section shall apply to the employment of any agent of a foreign principal as a special Government employee in any case in which the head of the employing agency certifies that such employment is required in the national interest. A copy of any certification under this paragraph shall be forwarded by the head of such agency to the Attorney General who shall cause the same to be filed with the registration statement and other documents filed by such agent, and made available for public inspection in accordance with section 6 of the Foreign Agents Registration Act of 1938, as amended. (c) For the purpose of this section 'public official' means Member of Congress, Delegate, or Resident Commissioner, either before or after he has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency, or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government. -SOURCE- (Added Pub. L. 89-486, Sec. 8(b), July 4, 1966, 80 Stat. 249, and amended Pub. L. 98-473, title II, Sec. 1116, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 99-646, Sec. 30, Nov. 10, 1986, 100 Stat. 3598; Pub. L. 101-647, title XXXV, Sec. 3511, Nov. 29, 1990, 104 Stat. 4922.) -REFTEXT- REFERENCES IN TEXT The Foreign Agents Registration Act of 1938, as amended, referred to in subsec. (a), is act June 8, 1938, ch. 327, 52 Stat. 631, as amended, which is classified generally to subchapter II (Sec. 611 et seq.) of chapter 11 of Title 22, Foreign Relations and Intercourse. Section 6 of the Foreign Agents Registration Act of 1938 is classified to section 616 of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 22 and Tables. -MISC2- PRIOR PROVISIONS A prior section 219 was redesignated section 214. AMENDMENTS 1990 - Subsec. (c). Pub. L. 101-647 substituted 'Government' for 'Governments' before 'thereof'. 1986 - Subsec. (a). Pub. L. 99-646, Sec. 30(1), designated first par. as subsec. (a) and amended it generally, which prior to amendment read as follows: 'Whoever, being a public official of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, including the District of Columbia, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938, as amended, shall be fined not more than $10,000 or imprisoned for not more than two years, or both.' Subsec. (b). Pub. L. 99-646, Sec. 30(2), designated second par. as subsec. (b). Subsec. (c). Pub. L. 99-646, Sec. 30(2), (3), designated third par. as subsec. (c) and substituted 'Delegate' for 'Delegate from the District of Columbia' and 'branch of Government' for 'branch of Government, or a juror'. 1984 - Pub. L. 98-473 substituted 'a public official' for 'an officer or employee' in first par., and inserted par. defining 'public official'. EFFECTIVE DATE Section effective ninety days after July 4, 1966, see section 9 of Pub. L. 89-486, set out as an Effective Date of 1966 Amendment note under section 611 of Title 22, Foreign Relations and Intercourse. ------DocID 23858 Document 100 of 1438------ -CITE- 18 USC Sec. 220 to 222 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- (Sec. 220 to 222. Redesignated) -MISC1- Sections, act June 25, 1948, ch. 645, 62 Stat. 695, 696, were redesignated as sections 215 to 217 by Pub. L. 87-849, Sec. 1(d), Oct. 23, 1962, 76 Stat. 1125. ------DocID 23859 Document 101 of 1438------ -CITE- 18 USC Sec. 223 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- (Sec. 223. Repealed. Pub. L. 87-849, Sec. 1(c), Oct. 23, 1962, 76 Stat. 1125) -MISC1- Section, act June 25, 1948, ch. 645, 62 Stat. 696, related to transactions of the Home Owners' Loan Corporation. EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87-849, set out as an Effective Date note under section 201 of this title. ------DocID 23860 Document 102 of 1438------ -CITE- 18 USC Sec. 224 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 224. Bribery in sporting contests -STATUTE- (a) Whoever carries into effect, attempts to carry into effect, or conspires with any other person to carry into effect any scheme in commerce to influence, in any way, by bribery any sporting contest, with knowledge that the purpose of such scheme is to influence by bribery that contest, shall be fined not more than $10,000, or imprisoned not more than 5 years, or both. (b) This section shall not be construed as indicating an intent on the part of Congress to occupy the field in which this section operates to the exclusion of a law of any State, territory, Commonwealth, or possession of the United States, and no law of any State, territory, Commonwealth, or possession of the United States, which would be valid in the absence of the section shall be declared invalid, and no local authorities shall be deprived of any jurisdiction over any offense over which they would have jurisdiction in the absence of this section. (c) As used in this section - (1) The term 'scheme in commerce' means any scheme effectuated in whole or in part through the use in interstate or foreign commerce of any facility for transportation or communication; (2) The term 'sporting contest' means any contest in any sport, between individual contestants or teams of contestants (without regard to the amateur or professional status of the contestants therein), the occurrence of which is publicly announced before its occurrence; (3) The term 'person' means any individual and any partnership, corporation, association, or other entity. -SOURCE- (Added Pub. L. 88-316, Sec. 1(a), June 6, 1964, 78 Stat. 203.) -CROSS- CROSS REFERENCES Wire or oral communications, authorization for interception, to provide evidence of offenses under this section, see section 2516 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1961, 2516 of this title. ------DocID 23861 Document 103 of 1438------ -CITE- 18 USC Sec. 225 -EXPCITE- TITLE 18 PART I CHAPTER 11 -HEAD- Sec. 225. Continuing financial crimes enterprise -STATUTE- (a) Whoever - (1) organizes, manages, or supervises a continuing financial crimes enterprise; and (2) receives $5,000,000 or more in gross receipts from such enterprise during any 24-month period, shall be fined not more than $10,000,000 if an individual, or $20,000,000 if an organization, and imprisoned for a term of not less than 10 years and which may be life. (b) For purposes of subsection (a), the term 'continuing financial crimes enterprise' means a series of violations under section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of this title, or section 1341 or 1343 affecting a financial institution, committed by at least 4 persons acting in concert. -SOURCE- (Added Pub. L. 101-647, title XXV, Sec. 2510(a), Nov. 29, 1990, 104 Stat. 4863.) ------DocID 23862 Document 104 of 1438------ -CITE- 18 USC CHAPTER 12 -EXPCITE- TITLE 18 PART I CHAPTER 12 -HEAD- CHAPTER 12 - CIVIL DISORDERS -MISC1- Sec. 231. Civil disorders. 232. Definitions. 233. Preemption. AMENDMENTS 1968 - Pub. L. 90-284, title X, Sec. 1002(a), Apr. 11, 1968, 82 Stat. 90, added chapter 12 and items 231 to 233. ------DocID 23863 Document 105 of 1438------ -CITE- 18 USC Sec. 231 -EXPCITE- TITLE 18 PART I CHAPTER 12 -HEAD- Sec. 231. Civil disorders -STATUTE- (a)(1) Whoever teaches or demonstrates to any other person the use, application, or making of any firearm or explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder which may in any way or degree obstruct, delay, or adversely affect commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function; or (2) Whoever transports or manufactures for transportation in commerce any firearm, or explosive or incendiary device, knowing or having reason to know or intending that the same will be used unlawfully in furtherance of a civil disorder; or (3) Whoever commits or attempts to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function - Shall be fined not more than $10,000 or imprisoned not more than five years, or both. (b) Nothing contained in this section shall make unlawful any act of any law enforcement officer which is performed in the lawful performance of his official duties. -SOURCE- (Added Pub. L. 90-284, title X, Sec. 1002(a), Apr. 11, 1968, 82 Stat. 90.) -MISC1- SHORT TITLE Section 1001 of title X of Pub. L. 90-284 provided that: 'This title (enacting this chapter) may be cited as the 'Civil Obedience Act of 1968'.' ------DocID 23864 Document 106 of 1438------ -CITE- 18 USC Sec. 232 -EXPCITE- TITLE 18 PART I CHAPTER 12 -HEAD- Sec. 232. Definitions -STATUTE- For purposes of this chapter: (1) The term 'civil disorder' means any public disturbance involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual. (2) The term 'commerce' means commerce (A) between any State or the District of Columbia and any place outside thereof; (B) between points within any State or the District of Columbia, but through any place outside thereof; or (C) wholly within the District of Columbia. (3) The term 'federally protected function' means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof; and such term shall specifically include, but not be limited to, the collection and distribution of the United States mails. (4) The term 'firearm' means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon. (5) The term 'explosive or incendiary device' means (A) dynamite and all other forms of high explosives, (B) any explosive bomb, grenade, missile, or similar device, and (C) any incendiary bomb or grenade, fire bomb, or similar device, including any device which (i) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and (ii) can be carried or thrown by one individual acting alone. (6) The term 'fireman' means any member of a fire department (including a volunteer fire department) of any State, any political subdivision of a State, or the District of Columbia. (7) The term 'law enforcement officer' means any officer or employee of the United States, any State, any political subdivision of a State, or the District of Columbia, while engaged in the enforcement or prosecution of any of the criminal laws of the United States, a State, any political subdivision of a State, or the District of Columbia; and such term shall specifically include, but shall not be limited to, members of the National Guard, as defined in section 101(9) of title 10, United States Code, members of the organized militia of any State, or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, not included within the definition of National Guard as defined by such section 101(9), and members of the Armed Forces of the United States, while engaged in suppressing acts of violence or restoring law and order during a civil disorder. (8) The term 'State' includes a State of the United States, and any commonwealth, territory, or possession of the United States. -SOURCE- (Added Pub. L. 90-284, title X, Sec. 1002(a), Apr. 11, 1968, 82 Stat. 91, and amended Pub. L. 101-647, title XII, Sec. 1205(a), Nov. 29, 1990, 104 Stat. 4830.) -MISC1- AMENDMENTS 1990 - Par. (8). Pub. L. 101-647 added par. (8). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 844 of this title; title 49 App. sections 1472, 1806. ------DocID 23865 Document 107 of 1438------ -CITE- 18 USC Sec. 233 -EXPCITE- TITLE 18 PART I CHAPTER 12 -HEAD- Sec. 233. Preemption -STATUTE- Nothing contained in this chapter shall be construed as indicating an intent on the part of Congress to occupy the field in which any provisions of the chapter operate to the exclusion of State or local laws on the same subject matter, nor shall any provision of this chapter be construed to invalidate any provision of State law unless such provision is inconsistent with any of the purposes of this chapter or any provision thereof. -SOURCE- (Added Pub. L. 90-284, title X, Sec. 1002(a), Apr. 11, 1968, 82 Stat. 91.) ------DocID 23866 Document 108 of 1438------ -CITE- 18 USC CHAPTER 13 -EXPCITE- TITLE 18 PART I CHAPTER 13 -HEAD- CHAPTER 13 - CIVIL RIGHTS -MISC1- Sec. 241. Conspiracy against rights. 242. Deprivation of rights under color of law. 243. Exclusion of jurors on account of race or color. 244. Discrimination against person wearing uniform of armed forces. 245. Federally protected activities. 246. Deprivation of relief benefits. 247. Damage to religious property; obstruction of persons in the free exercise of religious beliefs. AMENDMENTS 1988 - Pub. L. 100-690, title VII, Sec. 7018(b)(2), Nov. 18, 1988, 102 Stat. 4396, struck out 'of citizens' after 'rights' in item 241. Pub. L. 100-346, Sec. 3, June 24, 1988, 102 Stat. 645, added item 247. 1976 - Pub. L. 94-453, Sec. 4(b), Oct. 2, 1976, 90 Stat. 1517, added item 246. 1968 - Pub. L. 90-284, title I, Sec. 102, Apr. 11, 1968, 82 Stat. 75, added item 245. ------DocID 23867 Document 109 of 1438------ -CITE- 18 USC Sec. 241 -EXPCITE- TITLE 18 PART I CHAPTER 13 -HEAD- Sec. 241. Conspiracy against rights -STATUTE- If two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured - They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any term of years or for life. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 696; Apr. 11, 1968, Pub. L. 90-284, title I, Sec. 103(a), 82 Stat. 75; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7018(a), (b)(1), 102 Stat. 4396.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 51 (Mar. 4, 1909, ch. 321, Sec. 19, 35 Stat. 1092). Clause making conspirator ineligible to hold office was omitted as incongruous because it attaches ineligibility to hold office to a person who may be a private citizen and who was convicted of conspiracy to violate a specific statute. There seems to be no reason for imposing such a penalty in the case of one individual crime, in view of the fact that other crimes do not carry such a severe consequence. The experience of the Department of Justice is that this unusual penalty has been an obstacle to successful prosecutions for violations of the act. Mandatory punishment provision was rephrased in the alternative. Minor changes in phraseology were made. AMENDMENTS 1988 - Pub. L. 100-690 struck out 'of citizens' after 'rights' in section catchline and substituted 'inhabitant of any State, Territory, or District' for 'citizen' in text. 1968 - Pub. L. 90-284 increased limitation on fines from $5,000 to $10,000 and provided for imprisonment for any term of years or for life when death results. -CROSS- CROSS REFERENCES Action for neglect to prevent, see section 1986 of Title 42, The Public Health and Welfare. Conspiracy to commit offense or to defraud United States, see section 371 of this title. Conspiracy to interfere with civil rights, see section 1985 of Title 42, The Public Health and Welfare. Proceedings in vindication of civil rights, see section 1988 of Title 42. ------DocID 23868 Document 110 of 1438------ -CITE- 18 USC Sec. 242 -EXPCITE- TITLE 18 PART I CHAPTER 13 -HEAD- Sec. 242. Deprivation of rights under color of law -STATUTE- Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 696; Apr. 11, 1968, Pub. L. 90-284, title I, Sec. 103(b), 82 Stat. 75; Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7019, 102 Stat. 4396.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 52 (Mar. 4, 1909, ch. 321, Sec. 20, 35 Stat. 1092). Reference to persons causing or procuring was omitted as unnecessary in view of definition of 'principal' in section 2 of this title. A minor change was made in phraseology. AMENDMENTS 1988 - Pub. L. 100-690 inserted 'and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both;' after 'or both;'. 1968 - Pub. L. 90-284 provided for imprisonment for any term of years or for life when death results. -CROSS- CROSS REFERENCES Civil action for deprivation of rights, see section 1983 of Title 42, The Public Health and Welfare. Equal rights under the law, see section 1981 of Title 42. Minor offenses tried by United States magistrate judges as excluding offenses punishable under this section, see section 3401 of this title. Proceedings in vindication of civil rights, see section 1988 of Title 42, The Public Health and Welfare. ------DocID 23869 Document 111 of 1438------ -CITE- 18 USC Sec. 243 -EXPCITE- TITLE 18 PART I CHAPTER 13 -HEAD- Sec. 243. Exclusion of jurors on account of race or color -STATUTE- No citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State on account of race, color, or previous condition of servitude; and whoever, being an officer or other person charged with any duty in the selection or summoning of jurors, excludes or fails to summon any citizen for such cause, shall be fined not more than $5,000. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 696.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 44 of title 8, U.S.C., 1940 ed., Aliens and Nationality (Mar. 1, 1875, ch. 114, Sec. 4, 18 Stat. 336). Words 'be deemed guilty of a misdemeanor, and' were deleted as unnecessary in view of definition of misdemeanor in section 1 of this title. Words 'on conviction thereof' were omitted as unnecessary, since punishment follows only after conviction. Minimum punishment provisions were omitted. (See reviser's note under section 203 of this title.) Minor changes in phraseology were made. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Jurors, see rule 47, Title 28, Appendix, Judiciary and Judicial Procedure. FEDERAL RULES OF CRIMINAL PROCEDURE Grand jury, see rule 6, Appendix to this title. Trial jurors, see rule 24. CROSS REFERENCES Bribery of public officials and witnesses, see section 201 of this title. Civil rights generally, see section 1981 et seq. of Title 42, The Public Health and Welfare. Exclusion or excuse from jury service, see section 1863 of Title 28, Judiciary and Judicial Procedure. Grand jurors, number of and summoning additional jurors, see section 3321 of this title. Juries generally, see section 1861 et seq. of Title 28, Judiciary and Judicial Procedure. Manner of drawing jurors, see section 1864 of Title 28. Qualifications of jurors, see section 1861 of Title 28. Summoning jurors, see section 1867 of Title 28. ------DocID 23870 Document 112 of 1438------ -CITE- 18 USC Sec. 244 -EXPCITE- TITLE 18 PART I CHAPTER 13 -HEAD- Sec. 244. Discrimination against person wearing uniform of armed forces -STATUTE- Whoever, being a proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Columbia, or in any Territory, or Possession of the United States, causes any person wearing the uniform of any of the armed forces of the United States to be discriminated against because of that uniform, shall be fined not more than $500. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 697; May 24, 1949, ch. 139, Sec. 5, 63 Stat. 90.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., Sec. 523 (Mar. 1, 1911, ch. 187, 36 Stat. 963; Aug. 24, 1912, ch. 387, Sec. 1, 37 Stat. 512; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800). Words 'guilty of a misdemeanor', following 'shall be', were omitted as unnecessary in view of definition of 'misdemeanor' in section 1 of this title. (See reviser's note under section 212 of this title.) Changes were made in phraseology. 1949 ACT This section (section 5) substitutes, in section 244 of title 18, U.S.C., 'any of the armed forces of the United States' for the enumeration of specific branches and thereby includes the Air Force, formerly part of the Army. This clarification is necessary because of the establishment of the Air Force as a separate branch of the Armed Forces by the act of July 26, 1947. AMENDMENTS 1949 - Act May 24, 1949, substituted 'any of the armed forces of the United States' for enumeration of the specific branches. -CROSS- CROSS REFERENCES Uniforms, wearing without authority, see section 702 of this title. ------DocID 23871 Document 113 of 1438------ -CITE- 18 USC Sec. 245 -EXPCITE- TITLE 18 PART I CHAPTER 13 -HEAD- Sec. 245. Federally protected activities -STATUTE- (a)(1) Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of this section, nor shall anything in this section be construed as depriving State and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are violations of State and local law. No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice, which function of certification may not be delegated. (2) Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section. (b) Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with - (1) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from - (A) voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election; (B) participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States; (C) applying for or enjoying employment, or any perquisite thereof, by any agency of the United States; (D) serving, or attending upon any court in connection with possible service, as a grand or petit juror in any court of the United States; (E) participating in or enjoying the benefits of any program or activity receiving Federal financial assistance; or (2) any person because of his race, color, religion or national origin and because he is or has been - (A) enrolling in or attending any public school or public college; (B) participating in or enjoying any benefit service, privilege, program, facility or activity provided or administered by any State or subdivision thereof; (C) applying for or enjoying employment, or any perquisite thereof, by any private employer or any agency of any State or subdivision thereof, or joining or using the services or advantages of any labor organization, hiring hall, or employment agency; (D) serving, or attending upon any court of any State in connection with possible service, as a grand or petit juror; (E) traveling in or using any facility of interstate commerce, or using any vehicle, terminal, or facility of any common carrier by motor, rail, water, or air; (F) enjoying the goods, services, facilities, privileges, advantages, or accommodations of any inn, hotel, motel, or other establishment which provides lodging to transient guests, or of any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility which serves the public and which is principally engaged in selling food or beverages for consumption on the premises, or of any gasoline station, or of any motion picture house, theater, concert hall, sports arena, stadium, or any other place of exhibition or entertainment which serves the public, or of any other establishment which serves the public and (i) which is located within the premises of any of the aforesaid establishments or within the premises of which is physically located any of the aforesaid establishments, and (ii) which holds itself out as serving patrons of such establishments; or (3) during or incident to a riot or civil disorder, any person engaged in a business in commerce or affecting commerce, including, but not limited to, any person engaged in a business which sells or offers for sale to interstate travelers a substantial portion of the articles, commodities, or services which it sells or where a substantial portion of the articles or commodities which it sells or offers for sale have moved in commerce; or (4) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from - (A) participating, without discrimination on account of race, color, religion or national origin, in any of the benefits or activities described in subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A) through (2)(F); or (B) affording another person or class of persons opportunity or protection to so participate; or (5) any citizen because he is or has been, or in order to intimidate such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion or national origin, in any of the benefits or activities described in subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A) through (2)(F), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate - shall be fined not more than $1,000, or imprisoned not more than one year, or both; and if bodily injury results shall be fined not more than $10,000, or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life. As used in this section, the term 'participating lawfully in speech or peaceful assembly' shall not mean the aiding, abetting, or inciting of other persons to riot or to commit any act of physical violence upon any individual or against any real or personal property in furtherance of a riot. Nothing in subparagraph (2)(F) or (4)(A) of this subsection shall apply to the proprietor of any establishment which provides lodging to transient guests, or to any employee acting on behalf of such proprietor, with respect to the enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of such establishment if such establishment is located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor as his residence. (c) Nothing in this section shall be construed so as to deter any law enforcement officer from lawfully carrying out the duties of his office; and no law enforcement officer shall be considered to be in violation of this section for lawfully carrying out the duties of his office or lawfully enforcing ordinances and laws of the United States, the District of Columbia, any of the several States, or any political subdivision of a State. For purposes of the preceding sentence, the term 'law enforcement officer' means any officer of the United States, the District of Columbia, a State, or political subdivision of a State, who is empowered by law to conduct investigations of, or make arrests because of, offenses against the United States, the District of Columbia, a State, or a political subdivision of a State. (d) For purposes of this section, the term 'State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. -SOURCE- (Added Pub. L. 90-284, title I, Sec. 101(a), Apr. 11, 1968, 82 Stat. 73, and amended Pub. L. 100-690, title VII, Sec. 7020(a), Nov. 18, 1988, 102 Stat. 4396; Pub. L. 101-647, title XII, Sec. 1205(b), Nov. 29, 1990, 104 Stat. 4830.) -MISC1- AMENDMENTS 1990 - Subsec. (d). Pub. L. 101-647 added subsec. (d). 1988 - Subsec. (a)(1). Pub. L. 100-690 substituted ', the Deputy' for 'or the Deputy' and inserted ', the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General' after 'Deputy Attorney General'. FAIR HOUSING Section 101(b) of Pub. L. 90-284 provided that: 'Nothing contained in this section (enacting this section) shall apply to or affect activities under title VIII of this Act (sections 3601 to 3619 of Title 42, The Public Health and Welfare).' RIOTS OR CIVIL DISTURBANCES, SUPPRESSION AND RESTORATION OF LAW AND ORDER; ACTS OR OMISSIONS OF ENFORCEMENT OFFICERS AND MEMBERS OF MILITARY SERVICE NOT SUBJECT TO THIS SECTION Section 101(c) of Pub. L. 90-284 provided that: 'The provisions of this section (enacting this section) shall not apply to acts or omissions on the part of law enforcement officers, members of the National Guard, as defined in section 101(9) of title 10, United States Code, members of the organized militia of any State or the District of Columbia, not covered by such section 101(9), or members of the Armed Forces of the United States, who are engaged in suppressing a riot or civil disturbance or restoring law and order during a riot or civil disturbance.' ------DocID 23872 Document 114 of 1438------ -CITE- 18 USC Sec. 246 -EXPCITE- TITLE 18 PART I CHAPTER 13 -HEAD- Sec. 246. Deprivation of relief benefits -STATUTE- Whoever directly or indirectly deprives, attempts to deprive, or threatens to deprive any person of any employment, position, work, compensation, or other benefit provided for or made possible in whole or in part by any Act of Congress appropriating funds for work relief or relief purposes, on account of political affiliation, race, color, sex, religion, or national origin, shall be fined not more than $10,000, or imprisoned not more than one year, or both. -SOURCE- (Added Pub. L. 94-453, Sec. 4(a), Oct. 2, 1976, 90 Stat. 1517.) ------DocID 23873 Document 115 of 1438------ -CITE- 18 USC Sec. 247 -EXPCITE- TITLE 18 PART I CHAPTER 13 -HEAD- Sec. 247. Damage to religious property; obstruction of persons in the free exercise of religious beliefs -STATUTE- (a) Whoever, in any of the circumstances referred to in subsection (b) of this section - (1) intentionally defaces, damages, or destroys any religious real property, because of the religious character of that property, or attempts to do so; or (2) intentionally obstructs, by force or threat of force, any person in the enjoyment of that person's free exercise of religious beliefs, or attempts to do so; shall be punished as provided in subsection (c) of this section. (b) The circumstances referred to in subsection (a) are that - (1) in committing the offense, the defendant travels in interstate or foreign commerce, or uses a facility or instrumentality of interstate or foreign commerce in interstate or foreign commerce; and (2) in the case of an offense under subsection (a)(1), the loss resulting from the defacement, damage, or destruction is more than $10,000. (c) The punishment for a violation of subsection (a) of this section shall be - (1) if death results, a fine in accordance with this title and imprisonment for any term of years or for life, or both; (2) if serious bodily injury results, a fine in accordance with this title and imprisonment for not more than ten years, or both; and (3) in any other case, a fine in accordance with this title and imprisonment for not more than one year, or both. (d) No prosecution of any offense described in this section shall be undertaken by the United States except upon the notification in writing of the Attorney General or his designee that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice. (e) As used in this section - (1) the term 'religious real property' means any church, synagogue, mosque, religious cemetery, or other religious real property; and (2) the term 'serious bodily injury' means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. -SOURCE- (Added Pub. L. 100-346, Sec. 1, June 24, 1988, 102 Stat. 644.) ------DocID 23874 Document 116 of 1438------ -CITE- 18 USC CHAPTER 15 -EXPCITE- TITLE 18 PART I CHAPTER 15 -HEAD- CHAPTER 15 - CLAIMS AND SERVICES IN MATTERS AFFECTING GOVERNMENT -MISC1- Sec. 281. Restrictions on retired military officers regarding certain matters affecting the Government. (282 to 284. Repealed.) 285. Taking or using papers relating to claims. 286. Conspiracy to defraud the Government with respect to claims. 287. False, fictitious or fraudulent claims. 288. False claims for postal losses. 289. False claims for pensions. 290. Discharge papers withheld by claim agent. 291. Purchase of claims for fees by court officials. 292. Solicitation of employment and receipt of unapproved fees concerning Federal employees' compensation. (293. Repealed.) AMENDMENTS 1989 - Pub. L. 101-123, Sec. 3(a), Oct. 23, 1989, 103 Stat. 760, struck out item 293 'Limitation on Government contract costs'. 1988 - Pub. L. 100-700, Sec. 3(b), Nov. 19, 1988, 102 Stat. 4633, added item 293. 1987 - Pub. L. 100-180, div. A, title VIII, Sec. 822(b)(2), Dec. 4, 1987, 101 Stat. 1133, added item 281, struck out former item 281 'Compensation to Members of Congress, officers, and others in matters affecting Government', item 282 'Practice in Court of Claims by Members of Congress', item 283 'Officers or employees interested in claims against the Government', and item 284 'Disqualification of former officers and employees in matters connected with former duties'. 1966 - Pub. L. 89-554, Sec. 3(a), Sept. 6, 1966, 80 Stat. 608, added item 292. ------DocID 23875 Document 117 of 1438------ -CITE- 18 USC Sec. 281 -EXPCITE- TITLE 18 PART I CHAPTER 15 -HEAD- Sec. 281. Restrictions on retired military officers regarding certain matters affecting the Government -STATUTE- (a)(1) A retired officer of the Armed Forces who, while not on active duty and within two years after release from active duty, directly or indirectly receives (or agrees to receive) any compensation for representation of any person in the sale of anything to the United States through the military department in which the officer is retired (in the case of an officer of the Army, Navy, Air Force, or Marine Corps) or through the Department of Transportation (in the case of an officer of the Coast Guard) shall be fined under this title or imprisoned not more than two years, or both. (2) Any person convicted under paragraph (1) shall be incapable of holding any office of honor, trust, or profit under the United States. (b) A retired officer of the Armed Forces who, while not on active duty and within two years after release from active duty, acts as agent or attorney for prosecuting or assisting in the prosecution of any claim against the United States - (1) involving the military department in which the officer is retired (in the case of an officer of the Army, Navy, Air Force, or Marine Corps) or the Department of Transportation (in the case of an officer of the Coast Guard); or (2) involving any subject matter with which the officer was directly connected while in an active-duty status; shall be fined under this title or imprisoned not more than one year, or both. (c) This section does not apply - (1) to any person because of the person's membership in the National Guard of the District of Columbia; or (2) to any person specifically excepted by law. -SOURCE- (Added Pub. L. 100-180, div. A, title VIII, Sec. 822(b)(1), Dec. 4, 1987, 101 Stat. 1132.) -STATAMEND- SUSPENSION OF EFFECT OF SECTION Pub. L. 101-510, div. A, title VIII, Sec. 815(a)(3), Nov. 5, 1990, 104 Stat. 1597, provided that this section shall have no force or effect during the period beginning on Dec. 1, 1990, and ending on May 31, 1991. Pub. L. 101-194, title V, Sec. 507(3), Nov. 30, 1989, 103 Stat. 1760, provided that this section had no force or effect during the period beginning on Dec. 1, 1989, and ending one year after such date. -MISC1- PRIOR PROVISIONS A prior section 281, acts June 25, 1948, ch. 645, 62 Stat. 697; May 24, 1949, ch. 139, Sec. 6, 63 Stat. 90, which related to compensation to Members of Congress, officers and others in matters affecting the Government, was repealed by Pub. L. 87-849, Sec. 2, 4, Oct. 23, 1962, 76 Stat. 1126, eff. 90 days after Oct. 23, 1962, which repeal continued limited applicability to retired officers of the Armed Forces of the United States. Pub. L. 100-180, div. A, title VIII, Sec. 822(a), Dec. 4, 1987, 101 Stat. 1132, repealed such prior section 281 to the extent that it had not been repealed by section 2 of Pub. L. 87-849. Such prior section 281 was supplanted by section 203 of this title. ------DocID 23876 Document 118 of 1438------ -CITE- 18 USC Sec. 282 -EXPCITE- TITLE 18 PART I CHAPTER 15 -HEAD- (Sec. 282. Repealed. Pub. L. 87-849, Sec. 2, Oct. 23, 1962, 76 Stat. 1126) -MISC1- Section, act June 25, 1948, ch. 645, 62 Stat. 697, related to practice in Court of Claims by Members of Congress. Section was supplanted by section 204 of this title. EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87-849, set out as an Effective Date note under section 201 of this title. ------DocID 23877 Document 119 of 1438------ -CITE- 18 USC Sec. 283 -EXPCITE- TITLE 18 PART I CHAPTER 15 -HEAD- (Sec. 283. Repealed. Pub. L. 87-849, Sec. 2, Oct. 23, 1962, 76 Stat. 1126; Pub. L. 100-180, div. A, title VIII, Sec. 822(a), Dec. 4, 1987, 101 Stat. 1132) -MISC1- Section, acts June 25, 1948, ch. 645, 62 Stat. 697; June 28, 1949, ch. 268, Sec. 2(b), 63 Stat. 280, related to officers or employees interested in claims against the government. Pub. L. 87-849 continued limited applicability to retired officers of the Armed Forces of the United States. Pub. L. 100-180 repealed section to the extent that it had not been repealed by section 2 of Pub. L. 87-849. Section was supplanted by section 205 of this title. EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87-849, set out as an Effective Date note under section 201 of this title. ------DocID 23878 Document 120 of 1438------ -CITE- 18 USC Sec. 284 -EXPCITE- TITLE 18 PART I CHAPTER 15 -HEAD- (Sec. 284. Repealed. Pub. L. 87-849, Sec. 2, Oct. 23, 1962, 76 Stat. 1126) -MISC1- Section, acts June 25, 1948, ch. 645, 62 Stat. 698; May 24, 1949, ch. 139, Sec. 7, 63 Stat. 90, related to disqualifications of former officers and employees in matters connected with former duties. Section was supplanted by section 207 of this title. EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87-849, set out as an Effective Date note under section 201 of this title. ------DocID 23879 Document 121 of 1438------ -CITE- 18 USC Sec. 285 -EXPCITE- TITLE 18 PART I CHAPTER 15 -HEAD- Sec. 285. Taking or using papers relating to claims -STATUTE- Whoever, without authority, takes and carries away from the place where it was filed, deposited, or kept by authority of the United States, any certificate, affidavit, deposition, statement of facts, power of attorney, receipt, voucher, assignment, or other document, record, file, or paper prepared, fitted, or intended to be used or presented to procure the payment of money from or by the United States or any officer, employee, or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, whether the same has or has not already been so used or presented, and whether such claim, account, or demand, or any part thereof has or has not already been allowed or paid; or Whoever presents, uses, or attempts to use any such document, record, file, or paper so taken and carried away, to procure the payment of any money from or by the United States, or any officer, employee, or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States - Shall be fined not more than $5,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 698.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 92 (Mar. 4, 1909, ch. 321, Sec. 40, 35 Stat. 1096). Word 'employee' was inserted after 'officer' in two places to clarify scope of section. The words 'five years' were substituted for 'ten years' in the punishment provision to conform to like provisions in similar offenses. (See section 1001 of this title.) Changes were made in phraseology. -CROSS- CROSS REFERENCES Claims generally, see section 3721 et seq. of Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 3622. ------DocID 23880 Document 122 of 1438------ -CITE- 18 USC Sec. 286 -EXPCITE- TITLE 18 PART I CHAPTER 15 -HEAD- Sec. 286. Conspiracy to defraud the Government with respect to claims -STATUTE- Whoever enters into any agreement, combination, or conspiracy to defraud the United States, or any department or agency thereof, by obtaining or aiding to obtain the payment or allowance of any false, fictitious or fraudulent claim, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 698.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 83 (Mar. 4, 1909, ch. 321, Sec. 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197). To clarify meaning of 'department' the word 'agency' was inserted after it. (See definitions of 'department' and 'agency' in section 6 of this title.) Words 'or any corporation in which the United States of America is a stockholder' were omitted as unnecessary in view of definition of 'agency' in section 6 of this title. Minor changes in phraseology were made. -CROSS- CROSS REFERENCES Conspiracy to defraud United States, generally, see section 371 of this title. False pension claims, see section 3503 of Title 38, Veterans' Benefits. Liability of persons making false claims; suits and procedure; duty of district attorneys; limitation of suits, see sections 3729 to 3731 of Title 31, Money and Finance. National Service Life Insurance, false or fraudulent statements, see section 787 of Title 38, Veterans' Benefits. Wartime suspension of limitations, see section 3287 of this title. ------DocID 23881 Document 123 of 1438------ -CITE- 18 USC Sec. 287 -EXPCITE- TITLE 18 PART I CHAPTER 15 -HEAD- Sec. 287. False, fictitious or fraudulent claims -STATUTE- Whoever makes or presents to any person or officer in the civil, military, or naval service of the United States, or to any department or agency thereof, any claim upon or against the United States, or any department or agency thereof, knowing such claim to be false, fictitious, or fraudulent, shall be imprisoned not more than five years and shall be subject to a fine in the amount provided in this title. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 698; Oct. 27, 1986, Pub. L. 99-562, Sec. 7, 100 Stat. 3169.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 80 (Mar. 4, 1909, ch. 321, Sec. 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197). Section 80 of title 18, U.S.C., 1940 ed., was divided into two parts. That portion making it a crime to present false claims was retained as this section. The part relating to false statements is now section 1001 of this title. To clarify meaning of 'department' words 'agency' and 'or agency' were inserted after it. (See definitions of 'department' and 'agency' in section 6 of this title.) Words 'or any corporation in which the United States of America is a stockholder' which appeared in two places were omitted as unnecessary in view of definition of 'agency' in section 6 of this title. The words 'five years' were substituted for 'ten years' to harmonize the punishment provisions of comparable sections involving offenses of the gravity of felonies, but not of such heinous character as to warrant a 10-year punishment. (See sections 914, 1001, 1002, 1005, 1006 of this title.) Reference to persons causing or procuring was omitted as unnecessary in view of definition of 'principal' in section 2 of this title. Minor changes in phraseology were made. AMENDMENTS 1986 - Pub. L. 99-562 substituted 'imprisoned not more than five years and shall be subject to a fine in the amount provided in this title' for 'fined not more than $10,000 or imprisoned not more than five years, or both'. INCREASED PENALTIES FOR FALSE CLAIMS IN DEFENSE PROCUREMENT Pub. L. 99-145, title IX, Sec. 931(a), Nov. 8, 1985, 99 Stat. 699, provided that: 'Notwithstanding sections 287 and 3623 of title 18, United States Code, the maximum fine that may be imposed under such section for making or presenting any claim upon or against the United States related to a contract with the Department of Defense, knowing such claim to be false, fictitious, or fraudulent, is $1,000,000.' (Section 931(c) of Pub. L. 99-145 provided that section 931(a) is applicable to claims made or presented on or after Nov. 8, 1985.) -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES False statements or entries, generally, see section 1001 of this title. Liability of persons making false claims; jurisdiction and parties; duty of district attorneys; rights of plaintiffs; limitation of suits, see sections 3729 to 3731 of Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 1345, 3059A of this title; title 10 section 2324; title 12 section 1833a. ------DocID 23882 Document 124 of 1438------ -CITE- 18 USC Sec. 288 -EXPCITE- TITLE 18 PART I CHAPTER 15 -HEAD- Sec. 288. False claims for postal losses -STATUTE- Whoever makes, alleges, or presents any claim or application for indemnity for the loss of any registered or insured letter, parcel, package, or other article or matter, or the contents thereof, knowing such claim or application to be false, fictitious, or fraudulent; or Whoever for the purpose of obtaining or aiding to obtain the payment or approval of any such claim or application, makes or uses any false statement, certificate, affidavit, or deposition; or Whoever knowingly and willfully misrepresents, or misstates, or, for the purpose aforesaid, knowingly and willfully conceals any material fact or circumstance in respect of any such claim or application for indemnity - Shall be fined not more than $500 or imprisoned not more than one year, or both. Where the amount of such claim or application for indemnity is less than $100 only a fine shall be imposed. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 698.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 354 (Mar. 4, 1909, ch. 321, Sec. 224, 35 Stat. 1133; Aug. 5, 1939, ch. 429, 53 Stat. 1203). Reference to persons causing, assisting, aiding, or abetting, was omitted as such persons are made principals by section 2 of this title. Changes in phraseology were made. -CROSS- CROSS REFERENCES False statements or entries, generally, see section 1001 of this title. ------DocID 23883 Document 125 of 1438------ -CITE- 18 USC Sec. 289 -EXPCITE- TITLE 18 PART I CHAPTER 15 -HEAD- Sec. 289. False claims for pensions -STATUTE- Whoever knowingly and willfully makes, or presents any false, fictitious or fraudulent affidavit, declaration, certificate, voucher, endorsement, or paper or writing purporting to be such, concerning any claim for pension or payment thereof, or pertaining to any other matter within the jurisdiction of the Administrator of Veterans' Affairs, or knowingly or willfully makes or presents any paper required as a voucher in drawing a pension, which paper bears a date subsequent to that upon which it was actually signed or acknowledged by the pensioner; or Whoever knowingly and falsely certifies that the declarant, affiant, or witness named in such declaration, affidavit, voucher, endorsement, or other paper or writing personally appeared before him and was sworn thereto, or acknowledged the execution thereof - Shall be fined not more than $10,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 699.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 81 of title 18, section 126 of title 38, Pensions, Bonuses, and Veterans' Relief, and section 787 of title 43, Public Lands, all of U.S.C., 1940 ed. (R.S. Sec. 4746; July 7, 1898, ch. 578, 30 Stat. 718; Aug. 17, 1912, ch. 301, Sec. 1, 37 Stat. 312; July 3, 1930, ch. 863, Sec. 2, 46 Stat. 1016). Reference to persons aiding or assisting or causing or procuring was omitted as unnecessary in view of definition of 'principal' in section 2 of this title. Words 'or bounty land', before 'prosecution of any claim for pension', were omitted as obsolete. (See reviser's note under section 290 of this title.) Upon authority of 1930 enactment words 'Administrator of Veterans' Affairs' were substituted for 'Commissioner of Pensions or of the Secretary of the Interior', which appeared in 1898 enactment. The fine was changed from '$500' for '$10,000' to conform with punishment provision of section 287 of this title. Minor changes in phraseology were also made. -CHANGE- CHANGE OF NAME Reference to Administrator of Veterans' Affairs deemed to refer to Secretary of Veterans Affairs pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. -CROSS- CROSS REFERENCES Secretary of Veterans Affairs, appointment and authority, see section 210 of Title 38, Veterans' Benefits. False statements or entries, generally, see section 1001 of this title. ------DocID 23884 Document 126 of 1438------ -CITE- 18 USC Sec. 290 -EXPCITE- TITLE 18 PART I CHAPTER 15 -HEAD- Sec. 290. Discharge papers withheld by claim agent -STATUTE- Whoever, being a claim agent, attorney, or other person engaged in the collection of claims for pay, pension, or other allowances for any soldier, sailor, or marine, or for any commissioned officer of the military or naval forces, or for any person who may have been a soldier, sailor, marine, or officer of the regular or volunteer forces of the United States, or for his dependents or beneficiaries, retains, without the consent of the owner or owners thereof, or refuses to deliver or account for the same upon demand duly made by the owner or owners thereof, or by their agent or attorney, the discharge papers of any such soldier, sailor, or marine, or commissioned officer, which may have been placed in his hands for the purpose of collecting said claims, shall be fined not more than $500 or imprisoned not more than six months, or both; and shall be debarred from prosecuting any such claim in any department or agency of the United States. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 699.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 100 of title 31, Money and Finance, section 130 of title 38, Pensions, Bonuses, and Veterans' Relief, and section 841 of title 43, Public Lands, all U.S.C., 1940 ed. (May 21, 1872, ch. 178, 17 Stat. 137). Words 'deemed guilty of a misdemeanor' were deleted as unnecessary. (See definition of 'misdemeanor' in section 1 of this title.) Words 'and shall upon conviction, be' were omitted as surplusage since punishment can follow only after conviction. To clarify meaning of 'executive department' word 'executive' before 'department' was deleted and words 'or agency' were inserted after it. (See definitions of 'department' and 'agency' in section 6 of this title.) Words 'bounty', before 'pension', and 'or land warrant', before 'of any such soldier', were deleted as obsolete. According to regulations, Circular 1151, January 8, 1929, issued by the Secretary of the Interior and the General Land Office (see 43 CFR 131.1-131.2) 'warrants for bounty lands were and are issued by the Commissioner of Pensions (Administrator of Veterans' Affairs) for services in wars or battles prior to March 3, 1855 only.' Further, it is stated that 'Warrants can not now be 'located' upon the public lands. The locating privilege was denied except in the state of Missouri after the passage of the act of March 2, 1889 (25 Stat. 854; 43 U.S.C. Sec. 700), and there are no lands known to the General Land Office to be subject to warrant location in Missouri.' Words 'and honorably discharged' were omitted as unnecessary and words 'or for his dependents or beneficiaries' were inserted after 'United States' so as to embrace an important class of persons who employ attorneys or agents in the collection of claims permitted by statute. Minor changes of phraseology were also made. -CROSS- CROSS REFERENCES Withholding claim or benefit allowed and due, see section 3405 of Title 38, Veterans' Benefits. ------DocID 23885 Document 127 of 1438------ -CITE- 18 USC Sec. 291 -EXPCITE- TITLE 18 PART I CHAPTER 15 -HEAD- Sec. 291. Purchase of claims for fees by court officials -STATUTE- Whoever, being a judge, clerk, or deputy clerk of any court of the United States or a Territory or Possession thereof, or a United States district attorney, assistant attorney, marshal, deputy marshal, commissioner, or other person holding any office or employment, or position of trust or profit under the United States, directly or indirectly purchases at less than the full face value thereof, any claim against the United States for the fee, mileage, or expenses of any witness, juror, deputy marshal, or any other officer of such court, shall be fined not more than $1,000. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 699.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 193 (Mar. 4, 1909, ch. 321, Sec. 104, 35 Stat. 1107). Word 'Possession' was inserted to clarify scope of section. Minor changes were made in phraseology. -CHANGE- CHANGE OF NAME United States commissioners, referred to in text, were replaced by United States magistrates pursuant to Pub. L. 90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118. See chapter 43 (Sec. 631 et seq.) of Title 28, Judiciary and Judicial Procedure. Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28 -CROSS- CROSS REFERENCES Assignment of claims, see section 3727 of Title 31, Money and Finance. Fees, mileage, or expenses of - Jurors, see sections 1824, 1871 of Title 28, Judiciary and Judicial Procedure. Marshal's accounts, see section 567 of Title 28. Witnesses, see sections 1821, 1824, 1825, 1920, 1922 of Title 28. ------DocID 23886 Document 128 of 1438------ -CITE- 18 USC Sec. 292 -EXPCITE- TITLE 18 PART I CHAPTER 15 -HEAD- Sec. 292. Solicitation of employment and receipt of unapproved fees concerning Federal employees' compensation -STATUTE- Whoever solicits employment for himself or another in respect to a case, claim, or award for compensation under, or to be brought under, subchapter I of chapter 81 of title 5; or Whoever receives a fee, other consideration, or gratuity on account of legal or other services furnished in respect to a case, claim, or award for compensation under subchapter I of chapter 81 of title 5, unless the fee, consideration, or gratuity is approved by the Secretary of Labor - Shall, for each offense, be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (Added Pub. L. 89-554, Sec. 3(b), Sept. 6, 1966, 80 Stat. 608.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large --------------------------------------------------------------------- 5 U.S.C. 773(b) Oct. 14, 1949, ch. (last sentence). 691, Sec. 208 'Sec. 23(b) (last sentence)', 63 Stat. 865. ------------------------------- The words 'under subchapter I of chapter 81 of title 5' are substituted for 'under this Act' (Federal Employees' Compensation Act) to reflect the codification of the Act in title 5, United States Code. The words 'is approved by the Secretary of Labor' are substituted for 'is so approved'. The words 'Secretary of Labor' are substituted for 'Administrator' (Federal Security Administrator) on authority of 1950 Reorg. Plan No. 19, Sec. 1, eff. May 24, 1950, 64 Stat. 1271. The words 'shall be guilty of a misdemeanor' are omitted as unnecessary in view of the definitive section 1 of this title. (See reviser's note under 18 U.S.C. 212, 1964 ed.) The words 'and upon conviction thereof' are omitted as unnecessary because punishment can be imposed only after conviction. The words 'or both' are substituted for 'or by both such fine and imprisonment'. Minor changes in phraseology are made to conform to the style of title 18. ------DocID 23887 Document 129 of 1438------ -CITE- 18 USC Sec. 293 -EXPCITE- TITLE 18 PART I CHAPTER 15 -HEAD- (Sec. 293. Repealed. Pub. L. 101-123, Sec. 3(a), Oct. 23, 1989, 103 Stat. 760) -MISC1- Section, added Pub. L. 100-700, Sec. 3(a), Nov. 19, 1988, 102 Stat. 4632, related to limitation on Government contract costs. EFFECTIVE DATE OF REPEAL Section 3(b) of Pub. L. 101-123 provided that: 'The repeal made by this section (repealing this section and provisions formerly set out as a note below) shall be deemed to be effective on the date of enactment of Public Law 100-700 (Nov. 19, 1988).' EFFECTIVE DATE Pub. L. 100-700, Sec. 3(c), Nov. 19, 1988, 102 Stat. 4633, which provided that this section was to apply to contracts entered into after Nov. 19, 1988, was repealed by Pub. L. 101-123, Sec. 3(a), Oct. 23, 1989, 103 Stat. 760. ------DocID 23888 Document 130 of 1438------ -CITE- 18 USC CHAPTER 17 -EXPCITE- TITLE 18 PART I CHAPTER 17 -HEAD- CHAPTER 17 - COINS AND CURRENCY -MISC1- Sec. 331. Mutilation, diminution, and falsification of coins. 332. Debasement of coins; alteration of official scales, or embezzlement of metals. 333. Mutilation of national bank obligations. 334. Issuance of Federal Reserve or national bank notes. 335. Circulation of obligations of expired corporations. 336. Issuance of circulating obligations of less than $1. 337. Coins as security for loans. AMENDMENTS 1965 - Pub. L. 89-81, title II, Sec. 212(b), July 23, 1965, 79 Stat. 257, added item 337. ------DocID 23889 Document 131 of 1438------ -CITE- 18 USC Sec. 331 -EXPCITE- TITLE 18 PART I CHAPTER 17 -HEAD- Sec. 331. Mutilation, diminution and falsification of coins -STATUTE- Whoever fraudulently alters, defaces, mutilates, impairs, diminishes, falsifies, scales, or lightens any of the coins coined at the mints of the United States, or any foreign coins which are by law made current or are in actual use or circulation as money within the United States; or Whoever fraudulently possesses, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or brings into the United States, any such coin, knowing the same to be altered, defaced, mutilated, impaired, diminished, falsified, scaled, or lightened - Shall be fined not more than $2,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 700; July 16, 1951, ch. 226, Sec. 1, 65 Stat. 121.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 279 (Mar. 4, 1909, ch. 321, Sec. 165, 35 Stat. 1119). Mandatory punishment provision was rephrased in the alternative. Reference to persons causing or procuring was omitted as unnecessary in view of definition of 'principal' in section 2 of this title. Changes were also made in phraseology. AMENDMENTS 1951 - Act July 16, 1951, made section applicable to minor coins (5-cent and 1-cent pieces), and to fraudulent alteration of coins. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Forfeiture of counterfeit paraphernalia, see section 492 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 492 of this title. ------DocID 23890 Document 132 of 1438------ -CITE- 18 USC Sec. 332 -EXPCITE- TITLE 18 PART I CHAPTER 17 -HEAD- Sec. 332. Debasement of coins; alteration of official scales, or embezzlement of metals -STATUTE- If any of the gold or silver coins struck or coined at any of the mints of the United States shall be debased, or made worse as to the proportion of fine gold or fine silver therein contained, or shall be of less weight or value than the same ought to be, pursuant to law, or if any of the scales or weights used at any of the mints or assay offices of the United States shall be defaced, altered, increased, or diminished through the fault or connivance of any officer or person employed at the said mints or assay offices, with a fraudulent intent; or if any such officer or person shall embezzle any of the metals at any time committed to his charge for the purpose of being coined, or any of the coins struck or coined at the said mints, or any medals, coins, or other moneys of said mints or assay offices at any time committed to his charge, or of which he may have assumed the charge, every such officer or person who commits any of the said offenses shall be fined not more than $10,000 or imprisoned not more than ten years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 700.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 280 (Mar. 4, 1909, ch. 321, Sec. 166, 35 Stat. 1120). Mandatory punishment provision was rephrased in the alternative. -CROSS- CROSS REFERENCES Forfeiture of counterfeit paraphernalia, see section 492 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 492 of this title. ------DocID 23891 Document 133 of 1438------ -CITE- 18 USC Sec. 333 -EXPCITE- TITLE 18 PART I CHAPTER 17 -HEAD- Sec. 333. Mutilation of national bank obligations -STATUTE- Whoever mutilates, cuts, defaces, disfigures, or perforates, or unites or cements together, or does any other thing to any bank bill, draft, note, or other evidence of debt issued by any national banking association, or Federal Reserve bank, or the Federal Reserve System, with intent to render such bank bill, draft, note, or other evidence of debt unfit to be reissued, shall be fined not more than $100 or imprisoned not more than six months, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 700.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 291 (Mar. 4, 1909, ch. 321, Sec. 176, 35 Stat. 1122). Words 'or Federal Reserve bank, or the Federal Reserve System' were inserted because the paper of such banks has almost supplanted national bank currency. Reference to persons causing or procuring was omitted as unnecessary in view of definition of 'principal' in section 2 of this title. Minor changes in phraseology were made. -CROSS- CROSS REFERENCES Forfeiture of counterfeit paraphernalia, see section 492 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 492 of this title. ------DocID 23892 Document 134 of 1438------ -CITE- 18 USC Sec. 334 -EXPCITE- TITLE 18 PART I CHAPTER 17 -HEAD- Sec. 334. Issuance of Federal Reserve or national bank notes -STATUTE- Whoever, being a Federal Reserve Agent, or an agent or employee of such Federal Reserve Agent, or of the Board of Governors of the Federal Reserve System, issues or puts in circulation any Federal Reserve notes, without complying with or in violation of the provisions of law regulating the issuance and circulation of such Federal Reserve notes; or Whoever, being an officer acting under the provisions of chapter 2 of Title 12, countersigns or delivers to any national banking association, or to any other company or person, any circulating notes contemplated by that chapter except in strict accordance with its provisions - Shall be fined not more than $5,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 700.) -MISC1- HISTORICAL AND REVISION NOTES Based on sections 581 and 592 of title 12, U.S.C., 1940 ed., Banks and Banking (R.S. Sec. 5187, 5209; Sept. 26, 1918, ch. 177, Sec. 7, 40 Stat. 972; Aug. 23, 1935, ch. 614, Sec. 316, 49 Stat. 712). This section consolidates section 581 and part of section 592 of title 12, U.S.C., 1940 ed., Banks and Banking. The punishment provision was drawn from said section 592 as being the latest expression of congressional intent, in preference to the provision of said section 581 which authorized a fine 'not more than double the amount so countersigned and delivered and imprisonment not more than 15 years'. The words 'shall be guilty of a misdemeanor' were omitted as unnecessary in view of definition of misdemeanor in section 1 of this title. Likewise the words 'upon conviction in any district court of the United States' were omitted as unnecessary since punishment can follow only after conviction. (See reviser's note under section 656 of this title for statement of reasons for dividing said section 592 into three revised sections, with consequent changes in phraseology, style, and arrangement.) -CROSS- CROSS REFERENCES State banks becoming members of Federal reserve system, application to, see section 324 of Title 12, Banks and Banking. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 section 324. ------DocID 23893 Document 135 of 1438------ -CITE- 18 USC Sec. 335 -EXPCITE- TITLE 18 PART I CHAPTER 17 -HEAD- Sec. 335. Circulation of obligations of expired corporations -STATUTE- Whoever, being a director, officer, or agent of a corporation created by Act of Congress, the charter of which has expired, or trustee thereof, or an agent of such trustee, or a person having in his possession or under his control the property of such corporation for the purpose of paying or redeeming its notes and obligations, knowingly issues, reissues, or utters as money, or in any other way knowingly puts in circulation any bill, note, check, draft, or other security purporting to have been made by any such corporation, or by any officer thereof, or purporting to have been made under authority derived therefrom, shall be fined not more than $10,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 700.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 289 (Mar. 4, 1909, ch. 321, Sec. 174, 35 Stat. 1122). The reference to persons aiding was omitted as unnecessary, since such persons are made principals by section 2 of this title. The last sentence excepting bona fide holders in due course was omitted as surplusage. Other changes in phraseology also were made. -CROSS- CROSS REFERENCES Forfeiture of counterfeit paraphernalia, see section 492 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 492 of this title. ------DocID 23894 Document 136 of 1438------ -CITE- 18 USC Sec. 336 -EXPCITE- TITLE 18 PART I CHAPTER 17 -HEAD- Sec. 336. Issuance of circulating obligations of less than $1 -STATUTE- Whoever makes, issues, circulates, or pays out any note, check, memorandum, token, or other obligation for a less sum than $1, intended to circulate as money or to be received or used in lieu of lawful money of the United States, shall be fined not more than $500 or imprisoned not more than six months, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 701.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 293 (Mar. 4, 1909, ch. 321, Sec. 178, 35 Stat. 1122). Numerous suggestions, of which that of Mr. E. M. Million, of Arlington, Va., is typical, recommend that this section be omitted as obsolete or revised to except commercial obligations. However, since the decisions make it plain that only obligations intended to circulate as money are within the provisions of this section and that commercial checks of less than $1 are not affected, there seems no reason so to rewrite the section. (See U.S. v. Monongahela Bridge Co., Fed. Cas. No. 15,796; Stettinius v. U.S., Fed. Cas. No. 13,387.) Minor changes were made in phraseology. -CROSS- CROSS REFERENCES Forfeiture of counterfeit paraphernalia, see section 492 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 492 of this title. ------DocID 23895 Document 137 of 1438------ -CITE- 18 USC Sec. 337 -EXPCITE- TITLE 18 PART I CHAPTER 17 -HEAD- Sec. 337. Coins as security for loans -STATUTE- Whoever lends or borrows money or credit upon the security of such coins of the United States as the Secretary of the Treasury may from time to time designate by proclamation published in the Federal Register, during any period designated in such a proclamation, shall be fined not more than $10,000 or imprisoned not more than one year, or both. -SOURCE- (Added Pub. L. 89-81, title II, Sec. 212(a), July 23, 1965, 79 Stat. 257.) -MISC1- EFFECTIVE DATE Section 212(c) of Pub. L. 89-81 provided that: 'The amendments made by this section (enacting this section) shall apply only with respect to loans made, renewed, or increased on or after the 31st day after the date of enactment of this Act (July 23, 1965).' ------DocID 23896 Document 138 of 1438------ -CITE- 18 USC CHAPTER 17A -EXPCITE- TITLE 18 PART I CHAPTER 17A -HEAD- CHAPTER 17A - COMMON CARRIER OPERATION UNDER THE INFLUENCE OF ALCOHOL OR DRUGS -MISC1- Sec. 341. Definitions. 342. Operation of a common carrier under the influence of alcohol or drugs. 343. Presumptions. ------DocID 23897 Document 139 of 1438------ -CITE- 18 USC Sec. 341 -EXPCITE- TITLE 18 PART I CHAPTER 17A -HEAD- Sec. 341. Definitions -STATUTE- As used in this chapter, the term 'common carrier' means a locomotive, a rail carrier, a sleeping car carrier, a bus transporting passengers in interstate commerce, a water common carrier, and an air common carrier. -SOURCE- (Added Pub. L. 99-570, title I, Sec. 1971(a), Oct. 27, 1986, 100 Stat. 3207-59, and amended Pub. L. 100-690, title VI, Sec. 6482(a), Nov. 18, 1988, 102 Stat. 4382.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-690 inserted 'locomotive, a' after 'means a'. ------DocID 23898 Document 140 of 1438------ -CITE- 18 USC Sec. 342 -EXPCITE- TITLE 18 PART I CHAPTER 17A -HEAD- Sec. 342. Operation of a common carrier under the influence of alcohol or drugs -STATUTE- Whoever operates or directs the operation of a common carrier while under the influence of alcohol or any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), shall be imprisoned not more than fifteen years or fined under this title, or both. -SOURCE- (Added Pub. L. 99-570, title I, Sec. 1971(a), Oct. 27, 1986, 100 Stat. 3207-59, and amended Pub. L. 100-690, title VI, Sec. 6473(a), (b), 6482(b), Nov. 18, 1988, 102 Stat. 4379, 4382.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-690 substituted 'any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))' for 'drugs', 'fifteen' for 'five', and 'fined under this title' for 'fined not more than $10,000'. ------DocID 23899 Document 141 of 1438------ -CITE- 18 USC Sec. 343 -EXPCITE- TITLE 18 PART I CHAPTER 17A -HEAD- Sec. 343. Presumptions -STATUTE- For purposes of this chapter - (1) an individual with a blood alcohol content of .10 percent or more shall be presumed to be under the influence of alcohol; and (2) an individual shall be presumed to be under the influence of drugs if the quantity of the drug in the system of the individual would be sufficient to impair the perception, mental processes, or motor functions of the average individual. -SOURCE- (Added Pub. L. 99-570, title I, Sec. 1971(a), Oct. 27, 1986, 100 Stat. 3207-59, and amended Pub. L. 100-690, title VI, Sec. 6473(c), Nov. 18, 1988, 102 Stat. 4379.) -MISC1- AMENDMENTS 1988 - Par. (1). Pub. L. 100-690, Sec. 6473(c)(1), substituted '.10 percent' for '.10' and struck out 'conclusively' after 'shall be'. Par. (2). Pub. L. 100-690, Sec. 6473(c)(2), struck out 'conclusively' after 'shall be'. ------DocID 8971 Document 142 of 1438------ -CITE- 5 USC APPENDIX - REORGANIZATION PLAN NO. 18 OF 1950 -EXPCITE- TITLE 5 APPENDIX REORGANIZATION PLANS REORGANIZATION PLAN NO -HEAD- REORGANIZATION PLAN NO. 18 OF 1950 -MISC1- EFF. JULY 1, 1950, 15 F.R. 3177, 64 STAT. 1270 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 (see 5 U.S.C. 901 et seq.). BUILDING AND SPACE MANAGEMENT FUNCTIONS SECTION 1. TRANSFER OF SPACE ASSIGNMENT AND LEASING FUNCTIONS All functions with respect to acquiring space in buildings by lease, and all functions with respect to assigning and reassigning space in buildings for use by agencies (including both space acquired by lease and space in Government-owned buildings), are hereby transferred from the respective agencies in which such functions are now vested to the Administrator of General Services, exclusive, however, of all such functions with respect to - (a) space in buildings located in any foreign country; (b) space in buildings which are located on the grounds of any fort, camp, post, arsenal, Navy yard, naval training station, airfield, proving ground, military supply depot, or school, or of any similar facility, of the Department of Defense, unless and to such extent as a permit for its use shall have been issued by the Secretary of Defense or his duly authorized representative; (c) space occupied by the Post Office Department in post-office buildings and space acquired by lease for post-office purposes; and (d) space in other Government-owned buildings which the Administrator of General Services finds are wholly or predominantly utilized for the special purposes of the agency having the custody thereof and are not generally suitable for the use of other agencies (including but not limited to hospitals, housing, laboratories, mints, manufacturing plants, and penal institutions), and space acquired by lease for any such purpose: Provided, That the space needs of the Post Office Department shall be given priority in the assignment and reassignment of space in post office buildings. SEC. 2. TRANSFER OF OFFICE BUILDING MANAGEMENT FUNCTIONS All functions with respect to the operation, maintenance, and custody of office buildings owned by the Government and of office buildings or parts thereof acquired by lease, including those post-office buildings which, as determined by the Director of the Bureau of the Budget, are not used predominantly for post-office purposes, are hereby transferred from the respective agencies in which now vested to the Administrator of General Services, exclusive, however, of all such functions with respect to - (a) any building located in any foreign country; (b) any building located on the grounds of any fort, camp, post, arsenal, navy yard, naval training station, air field, proving ground, military supply depot, or school, or of any similar facility, of the Department of Defense, unless and to such extent as a permit for its use by another agency or agencies shall have been issued by the Secretary of Defense or his duly authorized representative; (c) any building which the Administrator of General Services finds to be a part of a group of buildings which are (1) located in the same vicinity, (2) are utilized wholly or predominantly for the special purposes of the agency having custody thereof, and (3) are not generally suitable for the use of other agencies; and (d) the Treasury Building, the Bureau of Engraving and Printing Building, the buildings occupied by the National Bureau of Standards, and the buildings under the jurisdiction of the regents of the Smithsonian Institution. (References to National Bureau of Standards deemed to refer to National Institute of Standards and Technology pursuant to section 5115(c) of Pub. L. 100-418, set out as a Change of Name note under 15 U.S.C. 271.) SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS (a) The Administrator of General Services may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the General Services Administration of any function transferred to such Administrator by the provisions of this reorganization plan. (b) When authorized by the Administrator of General Services, any function transferred to him by the provisions of this reorganization plan may be performed by the head of any agency of the executive branch of the Government or, subject to the direction and control of any such agency head, by such officers, employees, and organizational units under the jurisdiction of such agency head as such agency head may designate: Provided, That functions with respect to post-office buildings shall not be delegated under the authority of this subsection to the head of any agency other than the Postmaster General. (c) The Administrator of General Services shall prescribe such regulations as he deems desirable for the economical and effective performance of the functions transferred by the provisions of this reorganization plan. SEC. 4. TRANSFER OF PERSONNEL, PROPERTY, RECORDS, AND FUNDS There shall be transferred from time to time, between the agencies concerned and for use in connection with the functions transferred by the provisions of this reorganization plan, so much of the personnel, property, records, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds, relating to such functions, as may be necessary for the performance of said functions. Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to be necessary in order to effectuate the transfers provided for in this section shall be carried out in such manner as the Director shall direct and by such agencies as he shall designate. SEC. 5. EFFECTIVE DATE The provisions of this reorganization plan shall take effect on the 1st day of July, 1950. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 18 of 1950, prepared in accordance with the provisions of the Reorganization Act of 1949. The plan transfers to the Administrator of General Services the functions of the various Federal agencies with respect to leasing and assigning general-purpose space in buildings and the operation, maintenance, and custody of office buildings. Since such authority is already largely concentrated in the General Services Administration with respect to the District of Columbia, the plan principally relates to the administration of these functions in the field. The transfers made by this plan will promote more economical leasing, better utilization of building space, and more efficient operation of Government-controlled office buildings. They will effectuate the recommendations of the Commission on Organization of the Executive Branch of the Government with respect to concentrating in the General Services Administration the responsibility for space allotment and the operation of Government buildings outside of the District of Columbia. Likewise, they will extend the principles laid down by the Congress in enacting the Federal Property and Administrative Services Act of 1949 to another important area of Government-wide administrative services - the administration of Government office buildings and general-purpose building space in the field. Within the District of Columbia, one agency, the Public Buildings Service of the General Services Administration, has long had the operation and custody of most Government buildings and the leasing and assignment of space for executive agencies. Thus, nearly all requests for building space are handled by a single organization which is responsible for seeing that agencies are properly and efficiently housed. This arrangement has proved its worth and has repeatedly been approved by the Congress. Outside of the National Capital, however, responsibility for the acquisition and control of building space and the operation of Government buildings is widely diffused. A variety of agencies operate and control general-purpose buildings. If quarters are not available in Federal buildings, each agency ordinarily does its own leasing. As a result, in some cases Federal agencies have contracted for space at high rentals at the very time that other agencies have been giving up surplus low-cost space. The assignment of space in Government-owned buildings outside of Washington is also divided among a number of agencies. While the Public Buildings Service constructs a large part of the Government buildings, it operates and controls the assignment of space in only a small proportion of them. The Post Office Department operates and allocates the space in post-office buildings, several hundred of which contain substantial amounts of office space available for other agencies. During and immediately after the war several other Federal agencies acquired office buildings in the field. As their activities have contracted, surplus space in many of these structures has become available for other uses. This plan concentrates in the General Services Administration the responsibility for the leasing and assignment of what is termed general-purpose building space; that is, space which is suitable for the uses of a number of Federal agencies. It specifically excludes space in buildings at military posts, arsenals, navy yards, and similar defense installations and space in hospitals, laboratories, factories, and other special-purpose buildings. Also, the plan excludes the Post Office Department from the transfer of leasing authority since the Department has a highly developed organization for this purpose, and it limits the transfer of space assignment authority in post-office buildings to the space not occupied by the Department. Further, it gives the needs of the Post Office Department priority in the assignment of space in post-office buildings. Thus, the plan amply safeguards the interests of the Post Office Department while making it possible to include the general office space in post-office buildings in any given city with other similar space under Federal control in planning and executing an efficient program for housing Government agencies in that area. In addition, the plan transfers to the General Services Administration the operation, maintenance, and custody of office buildings owned or leased by the Government, including those post-office buildings which are not used predominantly for post-office purposes. This will make it possible to establish a single organization for the operation and maintenance of Government office buildings in principal cities in the field as has proved desirable in the National Capital. Since many post offices are in fact primarily large office buildings, the plan includes in this transfer the post-office buildings which are not used predominantly for post-office purposes. This will relieve the Post Office Department of a considerable expenditure for building operation and maintenance which properly should not be charged against postal revenues. While the plan effects a broad transfer of functions with respect to leasing and assignment of space and the operation and maintenance of office buildings, it specifically authorizes the Administrator of General Services to delegate the performance of any part of these functions to other agencies subject to such regulations as he deems desirable for economical and effective administration. In this the plan follows the pattern adopted by the Federal Property and Administrative Services Act of 1949 for other branches of property management. In large urban centers where numerous Federal units are located unified administration of space activities by the General Services Administration will normally be advantageous. On the other hand, in the smaller communities it will no doubt be desirable to delegate the work back to the agencies directly affected, to be carried on under standards laid down by the Administrator of General Services. The plan provides ample flexibility for working out the most effective administrative arrangement for each type of situation. The fundamental soundness and economy of centralized administration of building space have been amply demonstrated in the National Capital. By virtue of unified control it has been possible since the war to accomplish far-reaching changes which have consolidated agencies in much fewer locations, released many of the rented buildings, and greatly reduced the cost of housing the Government establishment. Similar procedures applied in the larger centers of field activity should produce substantial savings. After investigation, I have found, and hereby declare, that each reorganization contained in this plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949. While it is not possible at this time to calculate the reduction in expenditures which will result from this plan, it can safely be predicted that it will produce substantial savings. I am confident that this reorganization plan will constitute a significant improvement in Federal business practice and will bring about an important increase in efficiency in housing Government agencies. Harry S. Truman. The White House, March 13, 1950. ------DocID 23901 Document 143 of 1438------ -CITE- 18 USC Sec. 351 -EXPCITE- TITLE 18 PART I CHAPTER 18 -HEAD- Sec. 351. Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault; penalties -STATUTE- (a) Whoever kills any individual who is a Member of Congress or a Member-of-Congress-elect, a member of the executive branch of the Government who is the head, or a person nominated to be head during the pendency of such nomination, of a department listed in section 101 of title 5 or the second ranking official in such department, the Director (or a person nominated to be Director during the pendency of such nomination) or Deputy Director of Central Intelligence, a major Presidential or Vice Presidential candidate (as defined in section 3056 of this title), or a Justice of the United States, as defined in section 451 of title 28, or a person nominated to be a Justice of the United States, during the pendency of such nomination, shall be punished as provided by sections 1111 and 1112 of this title. (b) Whoever kidnaps any individual designated in subsection (a) of this section shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual. (c) Whoever attempts to kill or kidnap any individual designated in subsection (a) of this section shall be punished by imprisonment for any term of years or for life. (d) If two or more persons conspire to kill or kidnap any individual designated in subsection (a) of this section and one or more of such persons do any act to effect the object of the conspiracy, each shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if death results to such individual. (e) Whoever assaults any person designated in subsection (a) of this section shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if personal injury results, shall be fined not more than $10,000, or imprisoned for not more than ten years, or both. (f) If Federal investigative or prosecutive jurisdiction is asserted for a violation of this section, such assertion shall suspend the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated. (g) Violations of this section shall be investigated by the Federal Bureau of Investigation. Assistance may be requested from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding. (h) In a prosecution for an offense under this section the Government need not prove that the defendant knew that the victim of the offense was an individual protected by this section. (i) There is extraterritorial jurisdiction over the conduct prohibited by this section. -SOURCE- (Added Pub. L. 91-644, title IV, Sec. 15, Jan. 2, 1971, 84 Stat. 1891, and amended Pub. L. 97-285, Sec. 1, 2(a), Oct. 6, 1982, 96 Stat. 1219; Pub. L. 99-646, Sec. 62, Nov. 10, 1986, 100 Stat. 3614; Pub. L. 100-690, title VII, Sec. 7074, Nov. 18, 1988, 102 Stat. 4405.) -MISC1- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-690 inserted a comma after 'section 3056 of this title)'. 1986 - Subsec. (a). Pub. L. 99-646, Sec. 62(1), inserted 'a major Presidential or Vice Presidential candidate (as defined in section 3056 of this title)'. Subsec. (h). Pub. L. 99-646, Sec. 62(2), substituted 'individual' for 'official'. 1982 - Pub. L. 97-285, Sec. 2(a), substituted 'Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault; penalties' for 'Congressional assassination, kidnaping, and assault' in section catchline. Subsec. (a). Pub. L. 97-285, Sec. 1(a), expanded coverage of subsec. (a) to cover the killing of any individual who is a member of the executive branch of the Government and the head, or a person nominated to be head during the pendency of such nomination, of a department listed in section 101 of title 5 or the second ranking official in such department, the Director (or a person nominated to be Director during the pendency of such nomination) or Deputy Director of Central Intelligence, or a Justice of the United States, as defined in section 451 of title 28, or a person nominated to be a Justice of the United States, during the pendency of such nomination. Subsecs. (h), (i). Pub. L. 97-285, Sec. 1(b), added subsecs. (h) and (i). REPORT TO MEMBER OF CONGRESS ON INVESTIGATION CONDUCTED SUBSEQUENT TO THREAT ON MEMBER'S LIFE Pub. L. 95-624, Sec. 19, Nov. 9, 1978, 92 Stat. 3466, provided that: 'The Federal Bureau of Investigation shall provide a written report to a Member of Congress on any investigation conducted based on a threat on the Member's life under section 351 of title 18 of the United States Code.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 209, 2516 of this title; title 5 section 8112; title 22 section 2709. ------DocID 23902 Document 144 of 1438------ -CITE- 18 USC CHAPTER 19 -EXPCITE- TITLE 18 PART I CHAPTER 19 -HEAD- CHAPTER 19 - CONSPIRACY -MISC1- Sec. 371. Conspiracy to commit offense or to defraud United States. 372. Conspiracy to impede or injure officer. 373. Solicitation to commit a crime of violence. AMENDMENTS 1984 - Pub. L. 98-473, title II, Sec. 1003(b), Oct. 12, 1984, 98 Stat. 2138, added item 373. ------DocID 23903 Document 145 of 1438------ -CITE- 18 USC Sec. 371 -EXPCITE- TITLE 18 PART I CHAPTER 19 -HEAD- Sec. 371. Conspiracy to commit offense or to defraud United States -STATUTE- If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined not more than $10,000 or imprisoned not more than five years, or both. If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 701.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 88, 294 (Mar. 4, 1909, ch. 321, Sec. 37, 35 Stat. 1096; Mar. 4, 1909, ch. 321, Sec. 178a, as added Sept. 27, 1944, ch. 425, 58 Stat. 752). This section consolidates said sections 88 and 294 of title 18, U.S.C., 1940 ed. To reflect the construction placed upon said section 88 by the courts the words 'or any agency thereof' were inserted. (See Haas v. Henkel, 1909, 30 S. Ct. 249, 216 U. S. 462, 54 L. Ed. 569, 17 Ann. Cas. 1112, where court said: 'The statute is broad enough in its terms to include any conspiracy for the purpose of impairing, obstructing, or defeating the lawful functions of any department of government.' Also, see United States v. Walter, 1923, 44 S. Ct. 10, 263 U. S. 15, 68 L. Ed. 137, and definitions of department and agency in section 6 of this title.) The punishment provision is completely rewritten to increase the penalty from 2 years to 5 years except where the object of the conspiracy is a misdemeanor. If the object is a misdemeanor, the maximum imprisonment for a conspiracy to commit that offense, under the revised section, cannot exceed 1 year. The injustice of permitting a felony punishment on conviction for conspiracy to commit a misdemeanor is described by the late Hon. Grover M. Moscowitz, United States district judge for the eastern district of New York, in an address delivered March 14, 1944, before the section on Federal Practice of the New York Bar Association, reported in 3 Federal Rules Decisions, pages 380-392. Hon. John Paul, United States district judge for the western district of Virginia, in a letter addressed to Congressman Eugene J. Keogh dated January 27, 1944, stresses the inadequacy of the 2-year sentence prescribed by existing law in cases where the object of the conspiracy is the commission of a very serious offense. The punishment provision of said section 294 of title 18 was considered for inclusion in this revised section. It provided the same penalties for conspiracy to violate the provisions of certain counterfeiting laws, as are applicable in the case of conviction for the specific violations. Such a punishment would seem as desirable for all conspiracies as for such offenses as counterfeiting and transporting stolen property in interstate commerce. A multiplicity of unnecessary enactments inevitably leads to confusion and disregard of law. (See reviser's note under section 493 of this title.) Since consolidation was highly desirable and because of the strong objections of prosecutors to the general application of the punishment provision of said section 294, the revised section represents the best compromise that could be devised between sharply conflicting views. A number of special conspiracy provisions, relating to specific offenses, which were contained in various sections incorporated in this title, were omitted because adequately covered by this section. A few exceptions were made, (1) where the conspiracy would constitute the only offense, or (2) where the punishment provided in this section would not be commensurate with the gravity of the offense. Special conspiracy provisions were retained in sections 241, 286, 372, 757, 794, 956, 1201, 2271, 2384 and 2388 of this title. Special conspiracy provisions were added to sections 2153 and 2154 of this title. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Civil rights, conspiracy against, see section 241 of this title. Claims; conspiracy to obtain allowance or payment, see section 286 of this title. Conspiracy to - Cast away or destroy vessel, see section 2271 of this title. Gather defense information, see section 794 of this title. Injure property of foreign government, see section 956 of this title. Kidnap, see section 1201 of this title. Limitation period on conspiracy of attempting to evade or defeat any tax or the payment thereof, see section 6531 of Title 26, Internal Revenue Code. Seditious conspiracy, see section 2384 of this title. Wire or oral communications, authorization for interception, to provide evidence of conspiracies to commit certain offenses, see section 2516 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 1345 of this title; title 22 section 2778; title 26 section 6531; title 42 section 3795b; title 50 App. section 18. ------DocID 23904 Document 146 of 1438------ -CITE- 18 USC Sec. 372 -EXPCITE- TITLE 18 PART I CHAPTER 19 -HEAD- Sec. 372. Conspiracy to impede or injure officer -STATUTE- If two or more persons in any State, Territory, Possession, or District conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof, or to induce by like means any officer of the United States to leave the place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined not more than $5,000 or imprisoned not more than six years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 701.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 54 (Mar. 4, 1909, ch. 321, Sec. 21, 35 Stat. 1092). Scope of section was enlarged to cover all possessions of the United States. When the section was first enacted in 1861 there were no possessions, and hence the use of the words 'State or Territory' was sufficient to describe the area then subject to the jurisdiction of the United States. The word 'District' was inserted by the codifiers of the 1909 Criminal Code. ------DocID 23905 Document 147 of 1438------ -CITE- 18 USC Sec. 373 -EXPCITE- TITLE 18 PART I CHAPTER 19 -HEAD- Sec. 373. Solicitation to commit a crime of violence -STATUTE- (a) Whoever, with intent that another person engage in conduct constituting a felony that has as an element the use, attempted use, or threatened use of physical force against property or against the person of another in violation of the laws of the United States, and under circumstances strongly corroborative of that intent, solicits, commands, induces, or otherwise endeavors to persuade such other person to engage in such conduct, shall be imprisoned not more than one-half the maximum term of imprisonment or fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by life imprisonment or death, shall be imprisoned for not more than twenty years. (b) It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited. A renunciation is not 'voluntary and complete' if it is motivated in whole or in part by a decision to postpone the commission of the crime until another time or to substitute another victim or another but similar objective. If the defendant raises the affirmative defense at trial, the defendant has the burden of proving the defense by a preponderance of the evidence. (c) It is not a defense to a prosecution under this section that the person solicited could not be convicted of the crime because he lacked the state of mind required for its commission, because he was incompetent or irresponsible, or because he is immune from prosecution or is not subject to prosecution. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 1003(a), Oct. 12, 1984, 98 Stat. 2138, and amended Pub. L. 99-646, Sec. 26, Nov. 10, 1986, 100 Stat. 3597.) -MISC1- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-646 substituted 'property or against the person of another' for 'the person or property of another' and inserted 'life imprisonment or' before 'death'. ------DocID 23906 Document 148 of 1438------ -CITE- 18 USC CHAPTER 21 -EXPCITE- TITLE 18 PART I CHAPTER 21 -HEAD- CHAPTER 21 - CONTEMPTS -MISC1- Sec. 401. Power of court. 402. Contempts constituting crimes. 403. Protection of the privacy of child victims and child witnesses. AMENDMENTS 1990 - Pub. L. 101-647, title II, Sec. 225(b)(2), Nov. 29, 1990, 104 Stat. 4806, added item 403. 1949 - Act May 24, 1949, ch. 139, Sec. 8(a), (b), 63 Stat. 90, struck out 'CONSTITUTING CRIMES' in chapter heading and substituted 'Contempts constituting crimes' for 'Criminal contempts' in item 402. ------DocID 23907 Document 149 of 1438------ -CITE- 18 USC Sec. 401 -EXPCITE- TITLE 18 PART I CHAPTER 21 -HEAD- Sec. 401. Power of court -STATUTE- A court of the United States shall have power to punish by fine or imprisonment, at its discretion, such contempt of its authority, and none other, as - (1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice; (2) Misbehavior of any of its officers in their official transactions; (3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 701.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 385 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, Sec. 268, 36 Stat. 1163). Said section 385 conferred two powers. The first part authorizing courts of the United States to impose and administer oaths will remain in title 28, U.S.C., 1940 ed., Judicial Code and Judiciary. The second part relating to contempt of court constitutes this section. Changes in phraseology and arrangement were made. -CROSS- FEDERAL RULES OF CRIMINAL PROCEDURE Prosecution of criminal contempt by summary disposition or notice and hearing, see rule 42, Appendix to this title. Statutory provisions defining criminal contempts, see Notes of Advisory Committee on Rules, rule 42. CROSS REFERENCES Foreign witnesses, see section 1784 of Title 28, Judiciary and Judicial Procedure. Garnishee, failure to appear at term for which summoned, as contempt, see section 2405 of Title 28. Obstruction of justice, see section 1501 et seq. of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3148 of this title. ------DocID 23908 Document 150 of 1438------ -CITE- 18 USC Sec. 402 -EXPCITE- TITLE 18 PART I CHAPTER 21 -HEAD- Sec. 402. Contempts constituting crimes -STATUTE- Any person, corporation or association willfully disobeying any lawful writ, process, order, rule, decree, or command of any district court of the United States or any court of the District of Columbia, by doing any act or thing therein, or thereby forbidden, if the act or thing so done be of such character as to constitute also a criminal offense under any statute of the United States or under the laws of any State in which the act was committed, shall be prosecuted for such contempt as provided in section 3691 of this title and shall be punished by fine or imprisonment, or both. Such fine shall be paid to the United States or to the complainant or other party injured by the act constituting the contempt, or may, where more than one is so damaged, be divided or apportioned among them as the court may direct, but in no case shall the fine to be paid to the United States exceed, in case the accused is a natural person, the sum of $1,000, nor shall such imprisonment exceed the term of six months. This section shall not be construed to relate to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States, but the same, and all other cases of contempt not specifically embraced in this section may be punished in conformity to the prevailing usages at law. For purposes of this section, the term 'State' includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 701; May 24, 1949, ch. 139, Sec. 8(c), 63 Stat. 90; Nov. 29, 1990, Pub. L. 101-647, title XII, Sec. 1205(c), 104 Stat. 4830.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on sections 386, 387, 389, and 390a of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Oct. 15, 1914, ch. 323, Sec. 1, 21, 22, 24, 38 Stat. 730, 738, 739). Section 21 of the Clayton Act, section 386 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary, is here consolidated with parts of sections 1, 22, and 24 of the same act. Section 1 of said act, section 390a of title 28 U.S.C., 1940 ed., Judicial Code and Judiciary, defined person or persons. Section 22 of said act, section 387 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary, regulated the procedure and provided for the punishment of contempts. Section 24 of said act, section 389 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary, limited the application of these sections to certain kinds of contempt. In transferring these sections to this title and in consolidating them numerous changes of phraseology were necessary which do not, however, change their meaning or substance. Words 'corporation or association' were inserted after 'any person' in substitution for the definition provisions of section 390a of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary, which read as follows: 'The word 'person' or 'persons' wherever used in sections 381-383, 386-390a of this title, sections 12, 13, 14-19, 20, 21, 22-27 and 44 of title 15, and section 412 of title 18 shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.' The words 'any person, corporation, or association,' unqualified except by the context of the section mean all that the more lengthy definition included. Only those persons, corporations, and associations who were parties to the order or had actual notice of it may be punished for contempt. (See McCauly v. First Trust & Savings Bank, C.C.A. Ill. 1921, 276 F. 117. See, also National Labor Relations Board v. Blackstone Mfg. Co., C.C.A. 1941, 123 F. 2d 633.) The fact that the contemnor was incorporated or organized under a foreign law or under the laws of a particular State or Territory would hardly be relevant to the issue of criminal contempt. As noted above these sections were part of the Clayton Act, entitled 'An act to supplement existing laws against unlawful restraints and monopolies, and for other purposes.' Whatever doubt might have existed as to whether the contempt provisions were variously limited to antitrust cases seems to be dispelled by the case of Sandefur v. Canoe Creek Coal Co. (C.C.A. Ky. 1923, 293 F. 379, certified question answered 45 S. Ct. 18, 266 U.S. 42, 69 L. Ed. 162, 35 A.L.R. 451), where the court says: 'The act, considered as a whole, covers several more or less distinct subjects. * * * The first eight sections pertain directly to the subject of trust and monopolies; section 9 concerns interstate commerce; section 10, combinations among common carriers; section 11, proceedings to enforce certain provisions of the act; sections 12-16, antitrust procedure and remedies; sections 17-19, regulations of injunction and restraining orders in all cases; section 20 limits the power of an equity court to issue any injunction in a certain class of cases, viz., between employer and the employee; and sections 21-24 pertain to procedure in any district court, punishing contemptuous disregard of any order of such court, providing the act constituting contempt is also a criminal offense. Observing this relation of the various parts of the act to each other, we think 'within the purview of this act' must refer to that portion of the act which most broadly covers the subject-matter to which section 22 is devoted, and this portion is section 21, which reaches all cases where the act of contempt is also a criminal offense. We know of nothing in the legislative history of the act, or within the common knowledge as to the then existing situation, which justifies us in thinking that 'within the purview of this act,' in section 22, meant to limit its effect to the employer-employee provisions of section 20, or even to the antitrust scope of some of the earlier sections.' (See also Michaelson v. United States, 1924, 45 S. Ct. 18, 166 U.S. 42, 69 L. Ed. 162, 35 A.L.R. 451, and H. Rept. No. 613, 62d Cong., 2d sess., to accompany H.R. 15657.) 1949 ACT This amendment (see section 8) corrects the catchline of section 402 of title 18, U.S.C., to better represent the section content. AMENDMENTS 1990 - Pub. L. 101-647 added par. defining 'State'. 1949 - Act May 24, 1949, substituted 'Contempts constituting crimes' for 'Criminal contempts' in section catchline. -CROSS- FEDERAL RULES OF CRIMINAL PROCEDURE Criminal contempt procedure, see rule 42, Appendix to this title. CROSS REFERENCES Applicability of this section to the insurance business, see sections 1011 to 1015 of Title 15, Commerce and Trade. District Courts given jurisdiction over orders of Interstate Commerce Commission, see section 1336 of Title 28, Judiciary and Judicial Procedure. Limitation of proceedings, see section 3285 of this title. Witness' failure to appear before foreign court to answer interrogatories of United States courts made contempt, see section 1784 of Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3285 of this title; title 21 section 332. ------DocID 23909 Document 151 of 1438------ -CITE- 18 USC Sec. 403 -EXPCITE- TITLE 18 PART I CHAPTER 21 -HEAD- Sec. 403. Protection of the privacy of child victims and child witnesses -STATUTE- A knowing or intentional violation of the privacy protection accorded by section 3509 of this title is a criminal contempt punishable by not more than one year's imprisonment, or a fine under this title, or both. -SOURCE- (Added Pub. L. 101-647, title II, Sec. 225(b)(1), Nov. 29, 1990, 104 Stat. 4805.) ------DocID 23910 Document 152 of 1438------ -CITE- 18 USC CHAPTER 23 -EXPCITE- TITLE 18 PART I CHAPTER 23 -HEAD- CHAPTER 23 - CONTRACTS -MISC1- Sec. 431. Contracts by Member of Congress. 432. Officer or employee contracting with Member of Congress. 433. Exemptions with respect to certain contracts. (434. Repealed.) 435. Contracts in excess of specific appropriation. 436. Convict labor contracts. 437. Federal employees contracting or trading with Indians.. (FOOTNOTE 1) (FOOTNOTE 1) So in original. 438. Indian contracts for services generally. 439. Indian enrollment contracts. 440. Mail contracts. 441. Postal supply contracts. 442. Printing contracts. 443. War contracts. AMENDMENTS 1990 - Pub. L. 101-647, title XXXV, Sec. 3512, Nov. 29, 1990, 104 Stat. 4922, struck out item 434 'Interested persons acting as Government agents' and substituted 'Federal employees contracting or trading with Indians.' for 'Indian contracts for goods and supplies' in item 437. 1951 - Act Oct. 31, 1951, ch. 655, Sec. 18, 65 Stat. 717, struck out '; exceptions' from item 431. ------DocID 23911 Document 153 of 1438------ -CITE- 18 USC Sec. 431 -EXPCITE- TITLE 18 PART I CHAPTER 23 -HEAD- Sec. 431. Contracts by Member of Congress -STATUTE- Whoever, being a Member of or Delegate to Congress, or a Resident Commissioner, either before or after he has qualified, directly or indirectly, himself, or by any other person in trust for him, or for his use or benefit, or on his account, undertakes, executes, holds, or enjoys, in whole or in part, any contract or agreement, made or entered into in behalf of the United States or any agency thereof, by any officer or person authorized to make contracts on its behalf, shall be fined not more than $3,000. All contracts or agreements made in violation of this section shall be void; and whenever any sum of money is advanced by the United States or any agency thereof, in consideration of any such contract or agreement, it shall forthwith be repaid; and in case of failure or refusal to repay the same when demanded by the proper officer of the department or agency under whose authority such contract or agreement shall have been made or entered into, suit shall at once be brought against the person so failing or refusing and his sureties for the recovery of the money so advanced. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 702; Oct. 31, 1951, ch. 655, Sec. 19, 65 Stat. 717.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 204 (Mar. 4, 1909, ch. 321, Sec. 114, 35 Stat. 1109). Word 'agency' was inserted in three places to eliminate any ambiguity as to scope of section. (See definition of department or agency under section 6 of this title.) Minor changes were made in phraseology. AMENDMENTS 1951 - Act Oct. 31, 1951, struck out '; exceptions', after 'Congress' in section catchline. -CROSS- CROSS REFERENCES Contracts not affected by this section, see section 433 of this title. Counterfeiting and forgery of contracts, see section 495 of this title. Interest in contracts with government prohibited, see section 22 of Title 41, Public Contracts. Loans or payments made under Agricultural Adjustment Act of 1938 as not affected by this section, see section 1386 of Title 7, Agriculture. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 433 of this title; title 7 section 1386; title 15 section 714m; title 22 section 2676. ------DocID 23912 Document 154 of 1438------ -CITE- 18 USC Sec. 432 -EXPCITE- TITLE 18 PART I CHAPTER 23 -HEAD- Sec. 432. Officer or employee contracting with Member of Congress -STATUTE- Whoever, being an officer or employee of the United States, on behalf of the United States or any agency thereof, directly or indirectly makes or enters into any contract, bargain, or agreement, with any Member of or Delegate to Congress, or any Resident Commissioner, either before or after he has qualified, shall be fined not more than $3,000. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 702.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 205 (Mar. 4, 1909, ch. 321, Sec. 115, 35 Stat. 1109). Words 'agency' and 'employee' were inserted to eliminate any ambiguity as to scope of section. (See definition of agency under section 6 of this title.) Changes were made in phraseology. -CROSS- CROSS REFERENCES Contracts not affected by this section, see section 433 of this title. Loans or payments made under Agricultural Adjustment Act of 1938 as not affected by this section, see section 1386 of Title 7, Agriculture. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 433 of this title; title 7 section 1386; title 15 section 714m. ------DocID 23913 Document 155 of 1438------ -CITE- 18 USC Sec. 433 -EXPCITE- TITLE 18 PART I CHAPTER 23 -HEAD- Sec. 433. Exemptions with respect to certain contracts -STATUTE- Sections 431 and 432 of this title shall not extend to any contract or agreement made or entered into, or accepted by any incorporated company for the general benefit of such corporation; nor to the purchase or sale of bills of exchange or other property where the same are ready for delivery and payment therefor is made at the time of making or entering into the contract or agreement. Nor shall the provisions of such sections apply to advances, loans, discounts, purchase or repurchase agreements, extensions, or renewals thereof, or acceptances, releases or substitutions of security therefor or other contracts or agreements made or entered into under the Reconstruction Finance Corporation Act, the Agricultural Adjustment Act, the Federal Farm Loan Act, the Emergency Farm Mortgage Act of 1933, the Farm Credit Act of 1933, or the Home Owners Loan Act of 1933, the Farmers' Home Administration Act of 1946, the Bankhead-Jones Farm Tenant Act, or to crop insurance agreements or contracts or agreements of a kind which the Secretary of Agriculture may enter into with farmers. Any exemption permitted by this section shall be made a matter of public record. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 703; Oct. 4, 1961, Pub. L. 87-353, Sec. 3(o), 75 Stat. 774.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 1514(f) of title 7, U.S.C., 1940 ed., Agriculture; sections 264w, 598, 1138d(e), 1441(e), 1467(d) of title 12, U.S.C., 1940 ed., Banks and Banking; section 616(e) of title 15, U.S.C., 1940 ed., Commerce and Trade; title 18, U.S.C., 1940 ed., Sec. 206 (Mar. 4, 1909, ch. 321, Sec. 116, 35 Stat. 1109; Dec. 23, 1913, ch. 6, Sec. 22(j), as added June 19, 1934, ch. 653, Sec. 3, 48 Stat. 1107; Jan. 22, 1932, ch. 8, Sec. 16(e), 47 Stat. 12; July 22, 1932, ch. 522, Sec. 21, 47 Stat. 738; June 13, 1933, ch. 64, Sec. 8, 48 Stat. 135; June 16, 1933, ch. 98, Sec. 64, 48 Stat. 268, 269; Jan. 25, 1934, ch. 5, 48 Stat. 337; Jan. 31, 1934, ch. 7, Sec. 13, 48 Stat. 347; June 27, 1934, ch. 847, title V, Sec. 510, 58 Stat. 1264; May 28, 1935, ch. 150, Sec. 20, 21, 49 Stat. 298; Aug. 23, 1935, ch. 614, Sec. 101, 49 Stat. 703; Aug. 26, 1937, ch. 821, 50 Stat. 838; Feb. 16, 1938, ch. 30, title V, Sec. 514, 52 Stat. 77). These sections were consolidated with such changes of phraseology as were necessary to effect consolidation. Said section 206 of title 18, U.S.C., 1940 ed., was the principal source of this section, but the enumeration of the kinds of commitments exempted was drawn from the various sections of said title 12 set forth above. The reference to crop insurance agreements is drawn from section 1514(f) of Title 7, Agriculture. The applicability provisions of the sections here consolidated were unclear and of doubtful value. As revised the section preserves everything of value without change of substance. References to the Bankhead-Jones Farm Tenant Act and the Farmers' Home Administrative Act of 1946 were included in this revised section notwithstanding the omission (and consequent repeal) of former subsection (d) of section 52 of the said Bankhead-Jones Act (1937) (Title 7, U.S.C., 1940 ed., Sec. 1026) in the amendment of said section 52 of such Act by section 3 of the said Farmers' Home Administration Act of 1946 (August 14, 1946, ch. 964, 60 Stat. 1062). The essential nature of the transactions under the several acts would render inconsistent any attempt to include some and exclude others. -REFTEXT- REFERENCES IN TEXT The Reconstruction Finance Corporation Act, referred to in text, is act Jan. 22, 1932, ch. 8, 47 Stat. 5, as amended, which was classified to chapter 14 (Sec. 601 et seq.) of Title 15, Commerce and Trade, and has been eliminated from the Code. For complete classification of this Act prior to its elimination from the Code, see Tables. The Agricultural Adjustment Act, referred to in text, is title I of act May 12, 1933, ch. 25, 48 Stat. 31, as amended, which is classified generally to chapter 26 (Sec. 601 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 601 of Title 7 and Tables. The Federal Farm Loan Act, referred to in text, is act July 17, 1916, ch. 245, 39 Stat. 360, as amended, which was classified principally to sections 641 et seq. of Title 12, Banks and Banking. The Federal Farm Loan Act, as amended, was repealed by section 5.26(a) of the Farm Credit Act of 1971, Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 624. Section 5.26(a) of the Farm Credit Act of 1971 also provided that all references in other legislation to the Acts repealed thereby 'shall be deemed to refer to comparable provisions of this Act'. For further details, see notes under section 2001 of Title 12. For complete classification of the Federal Farm Loan Act to the Code prior to such repeal, see Tables. The Emergency Farm Mortgage Act of 1933, referred to in text, is title II of act May 12, 1933, ch. 25, 48 Stat. 31, as amended. Such title II was substantially repealed by act June 30, 1947, ch. 166, title II, Sec. 206(c), 61 Stat. 208; act Aug. 6, 1953, ch. 335, Sec. 19, 67 Stat. 400; act Oct. 4, 1961, Pub. L. 87-353, Sec. 3(a), (b), (w), 75 Stat. 773, 774; act Dec. 10, 1971, Pub. L. 92-181, title V, Sec. 5.26(a), 85 Stat. 624. For complete classification of this Act to the Code, see Tables. The Farm Credit Act of 1933, referred to in text, is act June 16, 1933, ch. 98, 48 Stat. 2, as amended, which was classified principally to subchapter IV (Sec. 1131 et seq.) of chapter 7 of Title 12, Banks and Banking. The Farm Credit Act of 1933, as amended, was repealed by section 5.26(a) of the Farm Credit Act of 1971, Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 624. Section 5.26(a) of the Farm Credit Act of 1971 also provided that all references in other legislation to the Acts repealed thereby 'shall be deemed to refer to comparable provisions of this Act'. For further details, see notes under section 2001 of Title 12. For complete classification of the Farm Credit Act of 1933 to the Code prior to such repeal, see Tables. The Home Owners Loan Act of 1933, referred to in text, is act June 13, 1933, ch. 64, 48 Stat. 128, as amended, which is classified generally to chapter 12 (Sec. 1461 et seq.) of Title 12. For complete classification of this Act to the Code, see section 1461 of Title 12 and Tables. The Farmers' Home Administration Act of 1946, referred to in text, is act Aug. 14, 1946, ch. 964, 60 Stat. 1062, as amended. Such Act was substantially repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and act Aug. 8, 1961, Pub. L. 87-128, title III, Sec. 341(a), 75 Stat. 318. For complete classification of this Act to the Code, see Tables. The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517, 50 Stat. 522, as amended, which is classified generally to chapter 33 (Sec. 1000 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1000 of Title 7 and Tables. -MISC2- AMENDMENTS 1961 - Pub. L. 87-353 struck out 'the Federal Farm Mortgage Corporation Act,' after 'the Emergency Farm Mortgage Act of 1933,'. -TRANS- ABOLITION OF RECONSTRUCTION FINANCE CORPORATION The Reconstruction Finance Corporation, which was created by the Reconstruction Finance Corporation Act, referred to in this section, was abolished by section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out in the Appendix to Title 5, Government Organization and Employees. ABOLITION OF HOME OWNERS' LOAN CORPORATION The Home Owners' Loan Corporation, which was created by the Home Owners' Loan Act of 1933, referred to in this section, was dissolved and abolished by act June 30, 1953, ch. 170, Sec. 21, 67 Stat. 126, set out in note under section 1463 of Title 12, Banks and Banking. -CROSS- CROSS REFERENCES Exemptions from requirement of express conditions in contracts involving interest of Member of Congress, see section 22 of Title 41, Public Contracts. Financial control of government corporations, see section 9101 et seq. of Title 31, Money and Finance. Secret Service, detection and arrest of violators, see section 3056 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3056 of this title. ------DocID 23914 Document 156 of 1438------ -CITE- 18 USC Sec. 434 -EXPCITE- TITLE 18 PART I CHAPTER 23 -HEAD- (Sec. 434. Repealed. Pub. L. 87-849, Sec. 2, Oct. 23, 1962, 76 Stat. 1126) -MISC1- Section, act June 25, 1948, ch. 645, 62 Stat. 703, related to interested persons acting as Government agents. Section was supplanted by section 208 of this title. EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87-849, set out as an Effective Date note under section 201 of this title. ------DocID 23915 Document 157 of 1438------ -CITE- 18 USC Sec. 435 -EXPCITE- TITLE 18 PART I CHAPTER 23 -HEAD- Sec. 435. Contracts in excess of specific appropriation -STATUTE- Whoever, being an officer or employee of the United States, knowingly contracts for the erection, repair, or furnishing of any public building, or for any public improvement, to pay a larger amount than the specific sum appropriated for such purpose, shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 703.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 184 (Mar. 4, 1909, ch. 321, Sec. 98, 35 Stat. 1106). Words 'or employee' were inserted to remove any ambiguity as to scope of section. The offense described in this section involves no moral turpitude, and therefore the punishment provisions were reduced from $2,000 to $1,000 and from 2 years to 1 year, so that the stigma of a felony would not attach to an offender. (See classification of felony and misdemeanor in section 1 of this title and note thereunder.) Mandatory punishment provisions were rephrased in the alternative. Changes were also made in phraseology. -CROSS- CROSS REFERENCES Appropriations as limiting contracts, see sections 11, 12 of Title 41, Public Contracts. Construction of appropriation acts, see section 1301 of Title 31, Money and Finance. Removal from office and punishment by fine or imprisonment for expenditures in excess of appropriations, see sections 1517, 1518 of Title 31. ------DocID 23916 Document 158 of 1438------ -CITE- 18 USC Sec. 436 -EXPCITE- TITLE 18 PART I CHAPTER 23 -HEAD- Sec. 436. Convict labor contracts -STATUTE- Whoever, being an officer, employee, or agent of the United States or any department or agency thereof, contracts with any person or corporation, or permits any warden, agent, or official of any penal or correctional institution, to hire out the labor of any prisoners confined for violation of any laws of the United States, shall be fined not more than $1,000 or imprisoned not more than three years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 703.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 708, 709 (Feb. 23, 1887, ch. 213, Sec. 1, 2, 24 Stat. 411). This section consolidates sections 708 and 709 of title 18, U.S.C., 1940 ed., as the offense and penalty provisions, respectively. Words 'department or agency thereof' were inserted to clarify scope of section. See definition of department and agency in section 6 of this title. To retain uniformity words 'shall be deemed guilty of a misdemeanor, and,' were omitted. The reference to misdemeanor is now covered by the definition in section 1 of this title. Words 'on conviction thereof' were omitted as unnecessary since punishment can follow only upon conviction. The minimum punishment provisions 'less than one year nor' and 'less than $500 nor' were deleted to conform to the policy followed by codifiers of 1909 Criminal Code. (See reviser's note under section 203 of this title.) Changes were also made in phraseology. -CROSS- CROSS REFERENCES Employment of Federal prisoners in State institutions, see section 4002 of this title. Employment of prisoners confined in Federal prisons, see sections 4121 to 4128 of this title. ------DocID 23917 Document 159 of 1438------ -CITE- 18 USC Sec. 437 -EXPCITE- TITLE 18 PART I CHAPTER 23 -HEAD- Sec. 437. Federal employees contracting or trading with Indians -STATUTE- (a) Except as provided in subsection (b), whoever, being an officer, employee, or agent of the Bureau of Indian Affairs or the Indian Health Service has (other than as a lawful representative of the United States) any interest, in such officer, employee, or agent's name, or in the name of another person where such officer, employee, or agent benefits or appears to benefit from such interest - (1) in any contract made or under negotiation with any Indian, for the purchase or transportation or delivery of goods or supplies for any Indian, or (2) in any purchase or sale of any service or real or personal property (or any interest therein) from or to any Indian, or colludes with any person attempting to obtain any such contract, purchase, or sale, shall be fined not more than $5,000 or imprisoned not more than six months or both, and shall be removed from office, notwithstanding any other provision of law concerning termination from Federal employment. (b)(1) Notwithstanding the provisions of subsection (a) and in accordance with paragraph (2) of this subsection, the President or his designee may prescribe rules and regulations under which any officer, employee, or agent of the Bureau of Indian Affairs or of the Indian Health Service may purchase from or sell to any Indian any service or any real or personal property or any interest therein. (2) No rule or regulation prescribed pursuant to paragraph (1) of this subsection shall permit any officer, employee, or agent referred to in that paragraph - (A) to make any purchase from or sale to an Indian of any real or personal property (or any interest therein) for the purpose of commercially selling, reselling, trading, or bartering such property; or (B) to have any interest in any purchase or sale involving property or funds which are either held in trust by the United States for Indians or which are purchased, sold, utilized, or received in connection with a contract or grant to an Indian from the Bureau of Indian Affairs or the Indian Health Service, if such officer, employee, or agent is employed in the office or installation of such Bureau or Service which recommends, approves, executes, or administers such transaction, grant, or contract on behalf of the United States: Provided, That such officer, employee, or agent may have such an interest if such purchase or sale is approved by the Secretary of the Interior in the case of a Bureau of Indian Affairs officer, employee, or agent, or by the Secretary of Health, Education, and Welfare in the case of an Indian Health Service officer, employee, or agent, or a designee of such Secretary who is not employed at such office or installation: Provided further, That (1) any such designee may not be a relative by blood or marriage of the officer, employee, or agent engaging in such purchase or sale; (2) with respect to purchases or sales by any officer, employee, or agent employed at the reservation, agency, or service unit level, such designee must be employed at not less than one grade level higher than such officer, employee, or agent at the Washington, District of Columbia, central office or at an area office installation other than that with authority over such reservation, agency, or service unit; (3) with respect to purchases or sales by any officer, employee, or agent employed at the area office level, such designee must be employed at not less than one grade level higher than such officer, employee, or agent at the Washington, District of Columbia, central office; and (4) the Secretary must approve purchases or sales by any officer, employee, or agent employed at the Washington, District of Columbia, central office; or (C) to acquire any interest in property held in trust, or subject to restriction against alienation imposed, by the United States unless the conveyance or granting of such interest in such property is otherwise authorized by law. (c) Except as provided in subsection (b)(2), nothing contained in this section shall be construed as preventing any officer, employee, or agent of the Bureau of Indian Affairs or the Indian Health Service who is an Indian, of whatever degree of Indian blood, from obtaining or receiving any benefit or benefits made available to Indians generally or to any member of his or her particular tribe, under any Act of Congress, nor to prevent any such officer, employee, or agent who is an Indian from being a member of or receiving benefits by reason of his or her membership in any Indian tribe, corporation, or cooperative association organized by Indians, when authorized under such rules and regulations as the Secretary of the Interior or the Secretary of Health, Education, and Welfare, or their designee shall prescribe. (d) For purposes of this section, the term 'Indian' means any member of an Indian tribe recognized as eligible for the services provided by the Bureau of Indian Affairs who is residing on a Federal Indian Reservation, on land held in trust by the United States for Indians, or on land subject to a restriction against alienation imposed by the United States. The term shall also include any such tribe and any Indian owned or controlled organization located on such a reservation or land. (e) For purposes of this section, the term 'Bureau of Indian Affairs' means the Bureau of Indian Affairs and the Office of the Assistant Secretary for Indian Affairs, both in the Department of the Interior. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 703; June 17, 1980, Pub. L. 96-277, Sec. 1, 94 Stat. 544.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 87 of title 25, U.S.C., 1940 ed., Indians (June 22, 1874, ch. 389, Sec. 10, 18 Stat. 177). To clarify scope of section words 'department or agency' were substituted for 'of the departments'. (See definitions of department and agency in section 6 of this title.) Word 'officer' was inserted to remove all ambiguity as to scope of section. Words 'The violation of any of the provisions of this section shall be a misdemeanor, and' were omitted as unnecessary in view of definition of misdemeanor in section 1 of this title. The minimum fine clause 'less than $500 nor' was omitted to conform to policy followed by codifiers of 1909 Criminal Code. Changes in phraseology were also made. AMENDMENTS 1980 - Pub. L. 96-277 substituted provisions covering certain Federal employees contracting or trading with Indians for provisions respecting Indian contracts for goods and supplies which prohibited Federal personnel from having any interest, direct or indirect, in Indian contracts for goods and supplies or attempting through collusion to obtain such contracts, punishable by fine not exceeding $5,000, or imprisonment up to six months, or both, and removal from office, covered in subsec. (a) of this section. -CHANGE- CHANGE OF NAME Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, which is classified to section 3508(b) of Title 20, Education. -MISC4- EFFECTIVE DATE OF 1980 AMENDMENT Section 4 of Pub. L. 96-277 provided that: 'The provisions of this Act (amending this section, repealing sections 68, 68a, 87a, and 441 of Title 25, Indians, and enacting provisions set out as a note under this section) shall take effect sixty days after the date of enactment of this Act (June 17, 1980).' VALIDITY OF TRANSACTIONS PRIOR TO EFFECTIVE DATE OF PUB. L. 96-277 Section 3 of Pub. L. 96-277 provided that: 'The Secretary of the Interior may review any transaction, other than one involving the sale of property held in trust or subject to a restriction against alienation imposed by the United States, occurring prior to the effective date of this Act (see Effective Date of 1980 Amendment note set out above) and, if the Secretary finds that such transaction would have been valid had the provisions of this Act (amending this section, repealing sections 68, 68a, 87a, and 441 of Title 25, Indians, and enacting provisions set out as a note under this section) been in effect at the time of such transaction, the Secretary may declare such transaction to be valid, subject to all valid transactions subsequent to such time. The Secretary may issue or execute such documents as may be necessary or desirable to evidence the validity of such a transaction. A declaration of validity of a transaction pursuant to this section shall be conclusive evidence of such validity notwithstanding the provisions of section 437 of title 18, United States Code; section 2078 of the Revised Statutes (section 68 of Title 25); section 14 of the Act of June 30, 1834 (4 Stat. 738); and section 10 of the Act of June 22, 1874 (18 Stat. 177) (section 87 of Title 25), which may have been in effect at the time of such transaction.' -EXEC- EX. ORD. NO. 12328. DELEGATION OF FUNCTIONS Ex. Ord. No. 12328, Oct. 8, 1981, 46 F.R. 50357, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By the authority vested in me as President of the United States of America by Section 437(b) of Title 18 of the United States Code (94 Stat. 544; Public Law 96-277), and Section 301 of Title 3 of the United States Code, it is hereby ordered as follows: Section 1. The functions vested in the President by Section 437(b) of Title 18 of the United States Code (94 Stat. 544; Public Law 96-277) to prescribe rules and regulations under which any officer, employee, or agent of the Bureau of Indian Affairs may purchase from or sell to any Indian any service or any real or personal property or any interest therein, are delegated to the Secretary of the Interior. Sec. 2. The functions vested in the President by Section 437(b) of Title 18 of the United States Code (94 Stat. 544; Public Law 96-277) to prescribe rules and regulations under which any officer, employee, or agent of the Indian Health Service may purchase from or sell to any Indian any service or any real or personal property or any interest therein, are delegated to the Secretary of Health and Human Services. Sec. 3. Until rules and regulations are issued pursuant to Sections 1 and 2 of this Order, those rules and regulations previously applicable to Federal employees contracting or trading with Indians are hereby adopted as the rules and regulations of the President pursuant to, and to the extent not inconsistent with, Section 437(b) of Title 18 of the United States Code (25 CFR 140.5 and 141.31). Ronald Reagan. -CROSS- CROSS REFERENCES Agreements with Indians, see section 71 et seq. of Title 25, Indians. ------DocID 23918 Document 160 of 1438------ -CITE- 18 USC Sec. 438 -EXPCITE- TITLE 18 PART I CHAPTER 23 -HEAD- Sec. 438. Indian contracts for services generally -STATUTE- Whoever receives money contrary to sections 81 and 82 of Title 25, shall be fined not more than $1,000 or imprisoned not more than six months, or both; and also forfeit the money so received. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 703.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 83 of title 25, U.S.C., 1940 ed., Indians (R.S. Sec. 2105). The reference to persons aiding and abetting was omitted as unnecessary. Such persons are made principals by section 2 of this title. Punishment by imprisonment 'for not less than six months' and fine of 'not less than $1,000,' was susceptible of no other meaning than that minimum punishment was mandatory. This has been rephrased to provide a flexible punishment within the former mandatory limits. Words 'Indian agents' were omitted as such agents have not existed since 1908. (See 25 U.S.C., Sec. 32, 64, and notes thereunder.) Sentence providing 'And it shall be the duty of all district attorneys to prosecute such cases when applied to do so, and their failure and refusal shall be ground for their removal from office.' was omitted because any misfeasance of office on the part of a United States district attorney is ground for his removal. Provision of disqualification of office for violators of this section was omitted as incongruous with the small penalty and fine provisions. Minor changes were made in phraseology. -CROSS- CROSS REFERENCES Agreements with Indians, see section 71 et seq. of Title 25, Indians. ------DocID 23919 Document 161 of 1438------ -CITE- 18 USC Sec. 439 -EXPCITE- TITLE 18 PART I CHAPTER 23 -HEAD- Sec. 439. Indian enrollment contracts -STATUTE- Unless the United States consents, all contracts made with any person or persons, applicants for enrollment as citizens in the Five Civilized Tribes for compensation for services in relation thereto, shall be void, and - Whoever collects or receives any moneys from any such applicants for citizenship, shall be fined not more than $500 or imprisoned not more than six months, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 704.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 86 (part) of title 25, U.S.C., 1940 ed., Indians (Aug. 1, 1914, ch. 222, Sec. 17, 38 Stat. 601). Only that part of said section 86 which requires the consent of the United States to enrollment contracts was incorporated in this section. Minor changes were made in phraseology. -CROSS- CROSS REFERENCES Agreements with Indians, see section 71 et seq. of Title 25, Indians. ------DocID 23920 Document 162 of 1438------ -CITE- 18 USC Sec. 440 -EXPCITE- TITLE 18 PART I CHAPTER 23 -HEAD- Sec. 440. Mail contracts -STATUTE- Whoever, being a person employed in the Postal Service, becomes interested in any contract for carrying the mail, or acts as agent, with or without compensation, for any contractor or person offering to become a contractor in any business before the Postal Service, shall be fined not more than $5,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 704; Aug. 12, 1970, Pub. L. 91-375, Sec. 6(j)(3), 84 Stat. 777.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 356 (Mar. 4, 1909, ch. 321, Sec. 226, 35 Stat. 1134). Provision for dismissal from office was omitted since this might be handled better administratively. Changes were made in phraseology. AMENDMENTS 1970 - Pub. L. 91-375 substituted 'Postal Service' for 'Post Office Department' before ', shall be fined'. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. -CROSS- CROSS REFERENCES Employment of postal employees in dual capacity, see section 1001 of Title 39, Postal Service. ------DocID 23921 Document 163 of 1438------ -CITE- 18 USC Sec. 441 -EXPCITE- TITLE 18 PART I CHAPTER 23 -HEAD- Sec. 441. Postal supply contracts -STATUTE- No contract for furnishing supplies to the Postal Service shall be made with any person who has entered, or proposed to enter, into any combination to prevent the making of any bid for furnishing such supplies, or to fix a price or prices therefor, or who has made any agreement, or given or performed, or promised to give or perform, any consideration whatever to induce any other person not to bid for any such contract, or to bid at a specified price or prices thereon. Whoever violates this section shall be fined not more than $5,000 or imprisoned not more than one year, or both; and if the offender is a contractor for furnishing such supplies his contract may be annulled. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 704; Aug. 12, 1970, Pub. L. 91-375, Sec. 6(j)(4), 84 Stat. 777.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 808 of title 39, U.S.C., 1940 ed., The Postal Service (Aug. 24, 1912, ch. 389, Sec. 2, 37 Stat. 553). Minimum punishment provisions 'less than $100 nor' and 'less than three months nor' were omitted to conform to policy followed by codifiers of 1909 Criminal Code. Changes in phraseology were also made. AMENDMENTS 1970 - Pub. L. 91-375 struck out 'Post Office Department or the' before 'Postal Service'. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. ------DocID 23922 Document 164 of 1438------ -CITE- 18 USC Sec. 442 -EXPCITE- TITLE 18 PART I CHAPTER 23 -HEAD- Sec. 442. Printing contracts -STATUTE- Neither the Public Printer, superintendent of printing, superintendent of binding, nor any of their assistants shall, during their continuance in office, have any interest, direct or indirect, in the publication of any newspaper or periodical, or in any printing, binding, engraving, or lithographing of any kind, or in any contract for furnishing paper or other material connected with the public printing, binding, lithographing, or engraving. Whoever violates this section shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 704.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 53 of title 44, U.S.C., 1940 ed., Public Printing and Documents (Jan. 12, 1895, ch. 23, Sec. 34, 28 Stat. 605). Words 'on conviction before any court of competent jurisdiction' were omitted as unnecessary, since punishment cannot be imposed until there has been a conviction before a competent tribunal. Words 'in the penitentiary' were omitted as surplusage as section 4082 of this title commits all prisoners to the custody of the Attorney General. (See reviser's note under section 1 of this title.) The minimum punishment provision 'for a term of not less than one nor' was omitted in keeping with policy of codifiers of 1909 Criminal Code. Mandatory punishment provision was rephrased in the alternative. The offense described in this section involves no moral turpitude, and therefore the punishment provisions were reduced from 5 years to 1 year, so that the stigma of a felony would not attach to an offender. The fine was increased from $500 to $1,000 as more proportionate to the 1-year term of imprisonment. (See classification of felony and misdemeanor in section 1 of this title and note thereunder.) ------DocID 23923 Document 165 of 1438------ -CITE- 18 USC Sec. 443 -EXPCITE- TITLE 18 PART I CHAPTER 23 -HEAD- Sec. 443. War contracts -STATUTE- Whoever willfully secretes, mutilates, obliterates, or destroys - (a) any records of a war contractor relating to the negotiation, award, performance, payment, interim financing, cancellation or other termination, or settlement of a war contract of $25,000 or more; or (b) any records of a war contractor or purchaser relating to any disposition of termination inventory in which the consideration received by any war contractor or any government agency is $5,000 or more, before the lapse of (1) five years after such disposition of termination inventory by such war contractor or government agency, or (2) five years after the final settlement of such war contract, or (3) five years after 12 o'clock noon of December 31, 1946, whichever applicable period is longer, shall, if a corporation, be fined not more than $50,000, and, if a natural person, be fined not more than $10,000 or imprisoned not more than five years, or both. The Administrator of General Services, by regulation, may authorize the destruction of such records upon such terms and conditions as he deems appropriate, including the requirement for the making and retaining of photographs or microphotographs, which shall have the same force and effect as the originals thereof. The definitions of terms in section 103 of Title 41 shall apply to similar terms used in this section. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 704; Oct. 31, 1951, ch. 655, Sec. 20(a), 65 Stat. 717.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 119, first and second paragraphs, of title 41 U.S.C., 1940 ed., Public Contracts (July 1, 1944, ch. 358, Sec. 19(a), 58 Stat. 667). Section was rewritten with changes of phraseology to conform to the style adopted in the revision. The definition of 'records' was omitted as surplusage in order to avoid any inference that 'records' as used in other sections was intended to have a different or more limited connotation than the broad and commonly understood meaning popularly assigned to the term. The last paragraph was added to obviate any possibility of doubt as to meaning of terms defined in section 103 of Title 41, Public Contracts. Reference to persons causing or procuring was omitted as unnecessary in view of definition of 'principal' in section 2 of this title. AMENDMENTS 1951 - Act Oct. 31, 1951, substituted '12 o'clock noon of December 31, 1946' for 'the termination of hostilities in the present war as proclaimed by the President or by a concurrent resolution of the two Houses of Congress', and, in penultimate paragraph, substituted 'Administrator of General Services' for 'Director of Contract Settlement'. -CROSS- CROSS REFERENCES Suspension of limitation of prosecution, see section 3287 of this title. ------DocID 23924 Document 166 of 1438------ -CITE- 18 USC CHAPTER 25 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- CHAPTER 25 - COUNTERFEITING AND FORGERY -MISC1- Sec. 471. Obligations or securities of United States. 472. Uttering counterfeit obligations or securities. 473. Dealing in counterfeit obligations or securities. 474. Plates or stones for counterfeiting obligations or securities. 475. Imitating obligations or securities; advertisements. 476. Taking impressions of tools used for obligations or securities. 477. Possessing or selling impressions of tools used for obligations or securities. 478. Foreign obligations or securities. 479. Uttering counterfeit foreign obligations or securities. 480. Possessing counterfeit foreign obligations or securities. 481. Plates or stones for counterfeiting foreign obligations or securities. 482. Foreign bank notes. 483. Uttering counterfeit foreign bank notes. 484. Connecting parts of different notes. 485. Coins or bars. 486. Uttering coins of gold, silver or other metal. 487. Making or possessing counterfeit dies for coins. 488. Making or possessing counterfeit dies for foreign coins. 489. Making or possessing likeness of coins. 490. Minor coins. 491. Tokens or paper used as money.. (FOOTNOTE 1) (FOOTNOTE 1) So in original. 492. Forfeiture of counterfeit paraphernalia. 493. Bonds and obligations of certain lending agencies. 494. Contractors' bonds, bids, and public records. 495. Contracts, deeds, and powers of attorney. 496. Customs matters. 497. Letters patent. 498. Military or naval discharge certificates. 499. Military, naval, or official passes. 500. Money orders. 501. Postage stamps, postage meter stamps, and postal cards. 502. Postage and revenue stamps of foreign governments. 503. Postmarking stamps. 504. Printing and filming of United States and foreign obligations and securities. 505. Seals of courts; signatures of judges or court officers. 506. Seals of departments or agencies. 507. Ship's papers. 508. Transportation requests of Government. 509. Possessing and making plates or stones for Government transportation requests. 510. Forging endorsements on Treasury checks or bonds or securities of the United States. 511. Altering or removing motor vehicle identification numbers. 512. Forfeiture of certain motor vehicles and motor vehicle parts. 513. Securities of the States and private entities. AMENDMENTS 1990 - Pub. L. 101-647, title XXXV, Sec. 3513, Nov. 29, 1990, 104 Stat. 4922, substituted 'or paper used as money.' for 'used as money or similar to coins' in item 491, 'matters' for 'entry certificates' in item 496, and 'stamps, postage meter stamps,' for 'stamps' in item 501. 1986 - Pub. L. 99-646, Sec. 31(b), Nov. 10, 1986, 100 Stat. 3598, redesignated second item 510, relating to securities of the State and private entities, as item 513 and substituted 'States' for 'State'. 1984 - Pub. L. 98-547, title II, Sec. 201(b), Oct. 25, 1984, 98 Stat. 2770, added items 511 and 512. Pub. L. 98-473, title II, Sec. 1105(b), Oct. 12, 1984, 98 Stat. 2145, added second item 510 'Securities of the State and private entities'. 1983 - Pub. L. 98-151, Sec. 115(c), Nov. 14, 1983, 97 Stat. 977, added item 510, relating to forging endorsements. 1965 - Pub. L. 89-81, title II, Sec. 211(b), July 23, 1965, 79 Stat. 257, struck out 'Gold or silver' before 'Coins or bars' in item 485. 1958 - Pub. L. 85-921, Sec. 2, Sept. 2, 1958, 72 Stat. 1771, substituted 'Printing and filming of United States and foreign obligations and securities' for 'Printing stamps for philatelic purposes' in item 504. 1951 - Act July 16, 1951, ch. 226, Sec. 5(c), 65 Stat. 122, struck out '; publisher's illustrations excepted' in item 489. -CROSS- CROSS REFERENCES Certificate, license or document issued to vessels, officers or seamen, counterfeiting or forging, see section 2197 of this title. Claims against the United States, use of counterfeited or forged power of attorney, authority or instrument, see section 1003 of this title. Embezzlement or carrying away tools and materials for counterfeiting, see section 642 of this title. Extradition of fugitives from country under control of United States, see section 3185 of this title. Federal Housing Administration, counterfeiting or forging instruments for purpose of influencing action, see section 1010 of this title. Forfeiture of counterfeit paraphernalia, see section 492 of this title. Indian Arts and Crafts Board trade-mark, counterfeiting, see section 1158 of this title. Mail fraud involving counterfeit articles, see section 1341 of this title. Mail keys, counterfeiting or forging, see section 1704 of this title. Naturalization or citizenship papers, counterfeiting or forging, see section 1426 of this title. Passports, counterfeiting or forging, see section 1543 of this title. Postal savings, counterfeiting and forgery laws as applicable, see section 1691 of this title. Sale or receipt of counterfeited or forged securities or tools used in counterfeiting or forging securities, see section 2315 of this title. Transportation of counterfeited or forged securities or tools used in counterfeiting or forging securities, see section 2314 of this title. Visas and permits, counterfeiting or forging, see section 1546 of this title. Weather reports, issuing counterfeit weather forecast or warning, see section 2074 of this title. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 7 section 12a; title 15 sections 78o, 80b-3. ------DocID 23925 Document 167 of 1438------ -CITE- 18 USC Sec. 471 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 471. Obligations or securities of United States -STATUTE- Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be fined not more than $5,000 or imprisoned not more than fifteen years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 705.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 262 (Mar. 4, 1909, ch. 321, Sec. 148, 35 Stat. 1115). Mandatory punishment provision was rephrased in the alternative. Changes in phraseology were made. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Obligation or other security of the United States defined, see section 8 of this title. Wire or oral communications, authorization for interception, to provide evidence of offenses under this section, see section 2516 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 1961, 2516 of this title. ------DocID 23926 Document 168 of 1438------ -CITE- 18 USC Sec. 472 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 472. Uttering counterfeit obligations or securities -STATUTE- Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined not more than $5,000 or imprisoned not more than fifteen years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 705.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 265 (Mar. 4, 1909, ch. 321, Sec. 151, 35 Stat. 1116). Mandatory punishment provision was rephrased in the alternative. Changes in phraseology were made. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Obligation or other security of the United States defined, see section 8 of this title. Wire or oral communications, authorization for interception, to provide evidence of offenses under this section, see section 2516 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 1961, 2516 of this title. ------DocID 23927 Document 169 of 1438------ -CITE- 18 USC Sec. 473 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 473. Dealing in counterfeit obligations or securities -STATUTE- Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with the intent that the same be passed, published, or used as true and genuine, shall be fined not more than $5,000 or imprisoned not more than ten years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 705.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 268 (Mar. 4, 1909, ch. 321, Sec. 154, 35 Stat. 1117). Reference to circulating notes of banking associations was omitted as covered by definition of obligation or other security in section 8 of this title. Changes in phraseology were made. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Wire or oral communications, authorization for interception, to provide evidence of offenses under this section, see section 2516 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 1961, 2516 of this title. ------DocID 23928 Document 170 of 1438------ -CITE- 18 USC Sec. 474 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 474. Plates or stones for counterfeiting obligations or securities -STATUTE- Whoever, having control, custody, or possession of any plate, stone, or other thing, or any part thereof, from which has been printed, or which may be prepared by direction of the Secretary of the Treasury for the purpose of printing, any obligation or other security of the United States, uses such plate, stone, or other thing, or any part thereof, or knowingly suffers the same to be used for the purpose of printing any such or similar obligation or other security, or any part thereof, except as may be printed for the use of the United States by order of the proper officer thereof; or Whoever makes or executes any plate, stone, or other thing in the likeness of any plate designated for the printing of such obligation or other security; or Whoever sells any such plate, stone, or other thing, or brings into the United States any such plate, stone, or other thing, except under the direction of the Secretary of the Treasury or other proper officer, or with any other intent, in either case, than that such plate, stone, or other thing be used for the printing of the obligations or other securities of the United States; or Whoever has in his control, custody, or possession any plate, stone, or other thing in any manner made after or in the similitude of any plate, stone, or other thing, from which any such obligation or other security has been printed, with intent to use such plate, stone, or other thing, or to suffer the same to be used in forging or counterfeiting any such obligation or other security, or any part thereof; or Whoever has in his possession or custody, except under authority from the Secretary of the Treasury or other proper officer, any obligation or other security made or executed, in whole or in part, after the similitude of any obligation or other security issued under the authority of the United States, with intent to sell or otherwise use the same; or Whoever prints, photographs, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such obligation or other security, or any part thereof, or sells any such engraving, photograph, print, or impression, except to the United States, or brings into the United States, any such engraving, photograph, print, or impression, except by direction of some proper officer of the United States; or Whoever has or retains in his control or possession, after a distinctive paper has been adopted by the Secretary of the Treasury for the obligations and other securities of the United States, any similar paper adapted to the making of any such obligation or other security, except under the authority of the Secretary of the Treasury or some other proper officer of the United States - Shall be fined not more than $5,000 or imprisoned not more than fifteen years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 706.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 264 (Mar. 4, 1909, ch. 321, Sec. 150, 35 Stat. 1116). References to persons causing, procuring, assisting or aiding were omitted as unnecessary as such persons are made principals by section 2 of this title. Changes in phraseology were made. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Philatelic reproductions permitted, see section 504 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title; title 16 section 718e. ------DocID 23929 Document 171 of 1438------ -CITE- 18 USC Sec. 475 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 475. Imitating obligations or securities; advertisements -STATUTE- Whoever designs, engraves, prints, makes, or executes, or utters, issues, distributes, circulates, or uses any business or professional card, notice, placard, circular, handbill, or advertisement in the likeness or similitude of any obligation or security of the United States issued under or authorized by any Act of Congress or writes, prints, or otherwise impresses upon or attaches to any such instrument, obligation, or security, or any coin of the United States, any business or professional card, notice, or advertisement, or any notice or advertisement whatever, shall be fined not more than $500. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 706; July 16, 1951, ch. 226, Sec. 2, 65 Stat. 122.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 292 (Mar. 4, 1909, ch. 321, Sec. 177, 35 Stat. 1122). Enumeration of obligations of the United States was omitted in view of definition in section 8 of this title. Changes in phraseology were also made. AMENDMENTS 1951 - Act July 16, 1951, prohibited use of notices or advertising prints or labels on United States coins. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23930 Document 172 of 1438------ -CITE- 18 USC Sec. 476 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 476. Taking impressions of tools used for obligations or securities -STATUTE- Whoever, without authority from the United States, takes, procures, or makes an impression, stamp, or imprint of, from or by the use of any tool, implement, instrument, or thing used or fitted or intended to be used in printing, stamping, or impressing, or in making other tools, implements, instruments, or things to be used or fitted or intended to be used in printing, stamping, or impressing any obligation or other security of the United States, shall be fined not more than $5,000 or imprisoned not more than ten years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 707.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 266 (Mar. 4, 1909, ch. 321, Sec. 152, 35 Stat. 1117). Enumeration of substances on which impressions could be made and enumeration of various kinds of tools to be used were omitted as unnecessary. Reference to circulating note or evidence of debt was omitted in view of definition of obligations and securities in section 8 of this title. Changes in phraseology were also made. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Possession of impressions of tools used for obligations or securities, punishment, see section 477 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 477 of this title. ------DocID 23931 Document 173 of 1438------ -CITE- 18 USC Sec. 477 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 477. Possessing or selling impressions of tools used for obligations or securities -STATUTE- Whoever, with intent to defraud, possesses, keeps, safeguards, or controls, without authority from the United States, any imprint, stamp, or impression, taken or made upon any substance or material whatsoever, of any tool, implement, instrument or thing, used, fitted or intended to be used, for any of the purposes mentioned in section 476 of this title; or Whoever, with intent to defraud, sells, gives, or delivers any such imprint, stamp, or impression to any other person - Shall be fined not more than $5,000 or imprisoned not more than ten years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 707.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 267 (Mar. 4, 1909, ch. 321, Sec. 153, 35 Stat. 1117). Changes in phraseology were made. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23932 Document 174 of 1438------ -CITE- 18 USC Sec. 478 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 478. Foreign obligations or securities -STATUTE- Whoever, within the United States, with intent to defraud, falsely makes, alters, forges, or counterfeits any bond, certificate, obligation, or other security of any foreign government, purporting to be or in imitation of any such security issued under the authority of such foreign government, or any treasury note, bill, or promise to pay, lawfully issued by such foreign government and intended to circulate as money, shall be fined not more than $5,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 707.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 270 (Mar. 4, 1909, ch. 321, Sec. 156, 35 Stat. 1117). Reference to persons causing, procuring, aiding or assisting was omitted as unnecessary as such persons are made principals by section 2 of this title. Mandatory punishment provision was rephrased in the alternative. Changes were also made in phraseology. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Foreign government defined, see section 11 of this title. Uttering counterfeit foreign obligations or securities, see section 479 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 479 of this title. ------DocID 23933 Document 175 of 1438------ -CITE- 18 USC Sec. 479 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 479. Uttering counterfeit foreign obligations or securities -STATUTE- Whoever, within the United States, knowingly and with intent to defraud, utters, passes, or puts off, in payment or negotiation, any false, forged, or counterfeited bond, certificate, obligation, security, treasury note, bill, or promise to pay, mentioned in section 478 of this title, whether or not the same was made, altered, forged, or counterfeited within the United States, shall be fined not more than $3,000 or imprisoned not more than three years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 707.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 271 (Mar. 4, 1909, ch. 321, Sec. 157, 35 Stat. 1118). Mandatory punishment provision was rephrased in the alternative. Changes were made in phraseology. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23934 Document 176 of 1438------ -CITE- 18 USC Sec. 480 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 480. Possessing counterfeit foreign obligations or securities -STATUTE- Whoever, within the United States, knowingly and with intent to defraud, possesses or delivers any false, forged, or counterfeit bond, certificate, obligation, security, treasury note, bill, promise to pay, bank note, or bill issued by a bank or corporation of any foreign country, shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 707.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 274 (Mar. 4, 1909, ch. 321, Sec. 160, 35 Stat. 1118). Mandatory punishment provision was rephrased in the alternative. Changes were also made in phraseology. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23935 Document 177 of 1438------ -CITE- 18 USC Sec. 481 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 481. Plates or stones for counterfeiting foreign obligations or securities -STATUTE- Whoever, within the United States except by lawful authority, controls, holds, or possesses any plate, stone, or other thing, or any part thereof, from which has been printed or may be printed any counterfeit note, bond, obligation, or other security, in whole or in part, of any foreign government, bank, or corporation, or uses such plate, stone, or other thing, or knowingly permits or suffers the same to be used in counterfeiting such foreign obligations, or any part thereof; or Whoever, except by lawful authority, makes or engraves any plate, stone, or other thing in the likeness or similitude of any plate, stone, or other thing designated for the printing of the genuine issues of the obligations of any foreign government, bank, or corporation; or Whoever, except by lawful authority, prints, photographs, or makes, executes, or sells any engraving, photograph, print, or impression in the likeness of any genuine note, bond, obligation, or other security, or any part thereof, of any foreign government, bank, or corporation; or Whoever brings into the United States any counterfeit plate, stone, or other thing, engraving, photograph, print, or other impressions of the notes, bonds, obligations, or other securities of any foreign government, bank, or corporation - Shall be fined not more than $5,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 708.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 275 (Mar. 4, 1909, ch. 321, Sec. 161, 35 Stat. 1118). References to persons causing, procuring, assisting or aiding were omitted as unnecessary as such persons are made principals by section 2 of this title. Changes in phraseology were made. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Philatelic reproductions permitted, see section 504 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23936 Document 178 of 1438------ -CITE- 18 USC Sec. 482 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 482. Foreign bank notes -STATUTE- Whoever, within the United States, with intent to defraud, falsely makes, alters, forges, or counterfeits any bank note or bill issued by a bank or corporation of any foreign country, and intended by the law or usage of such foreign country to circulate as money, such bank or corporation being authorized by the laws of such country, shall be fined not more than $2,000 or imprisoned not more than two years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 708.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 272 (Mar. 4, 1909, ch. 321, Sec. 158, 35 Stat. 1118). Reference to persons causing, procuring, aiding and assisting was omitted as unnecessary as such persons are made principals by section 2 of this title. Mandatory punishment provision was rephrased in the alternative. Changes were made in phraseology. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Uttering counterfeit foreign bank notes, see section 483 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 483 of this title. ------DocID 23937 Document 179 of 1438------ -CITE- 18 USC Sec. 483 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 483. Uttering counterfeit foreign bank notes -STATUTE- Whoever, within the United States, utters, passes, puts off, or tenders in payment, with intent to defraud, any such false, forged, altered, or counterfeited bank note or bill, mentioned in section 482 of this title, knowing the same to be so false, forged, altered, and counterfeited, whether or not the same was made, forged, altered, or counterfeited within the United States, shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 708.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 273 (Mar. 4, 1909, ch. 321, Sec. 159, 35 Stat. 1118). Mandatory punishment provision was rephrased in the alternative. Changes were made in phraseology. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23938 Document 180 of 1438------ -CITE- 18 USC Sec. 484 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 484. Connecting parts of different notes -STATUTE- Whoever so places or connects together different parts of two or more notes, bills, or other genuine instruments issued under the authority of the United States, or by any foreign government, or corporation, as to produce one instrument, with intent to defraud, shall be guilty of forgery in the same manner as if the parts so put together were falsely made or forged, and shall be fined not more than $1,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 708.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 276 (Mar. 4, 1909, ch. 321, Sec. 162, 35 Stat. 1119). Minor changes in phraseology were made. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23939 Document 181 of 1438------ -CITE- 18 USC Sec. 485 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 485. Coins or bars -STATUTE- Whoever falsely makes, forges, or counterfeits any coin or bar in resemblance or similitude of any coin of a denomination higher than 5 cents or any gold or silver bar coined or stamped at any mint or assay office of the United States, or in resemblance or similitude of any foreign gold or silver coin current in the United States or in actual use and circulation as money within the United States; or Whoever passes, utters, publishes, sells, possesses, or brings into the United States any false, forged, or counterfeit coin or bar, knowing the same to be false, forged, or counterfeit, with intent to defraud any body politic or corporate, or any person, or attempts the commission of any offense described in this paragraph - Shall be fined not more than $5,000 or imprisoned not more than fifteen years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 708; July 23, 1965, Pub. L. 89-81, title II, Sec. 211(a), 79 Stat. 257.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 277 (Mar. 4, 1909, ch. 321, Sec. 163, 35 Stat. 1119). Reference to persons causing, procuring, aiding or assisting was omitted as unnecessary as such persons are made principals by section 2 of this title. Mandatory punishment provision was rephrased in the alternative. The provision for imprisonment for 10 years was changed to 15 years to conform to sections 471 and 472 of this title. Changes were made in phraseology. AMENDMENTS 1965 - Pub. L. 89-81 struck out 'Gold or silver' before 'Coins or bars' in section catchline, changed the description of the United States coins covered in first par. from gold or silver coins to any coin of a denomination higher than 5 cents, and made minor structural changes in second par. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Coins and currency generally, see sections 331 to 336 of this title and sections 5111 et seq. and 5131 et seq. of Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23940 Document 182 of 1438------ -CITE- 18 USC Sec. 486 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 486. Uttering coins of gold, silver or other metal -STATUTE- Whoever, except as authorized by law, makes or utters or passes, or attempts to utter or pass, any coins of gold or silver or other metal, or alloys of metals, intended for use as current money, whether in the resemblance of coins of the United States or of foreign countries, or of original design, shall be fined not more than $3,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 709.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 281 (Mar. 4, 1909, ch. 321, Sec. 167, 35 Stat. 1120). Reference to persons causing or procuring was omitted as unnecessary in view of definition of 'principal' in section 2 of this title. Changes were made in phraseology. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23941 Document 183 of 1438------ -CITE- 18 USC Sec. 487 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 487. Making or possessing counterfeit dies for coins -STATUTE- Whoever, without lawful authority, makes any die, hub, or mold, or any part thereof, either of steel or plaster, or any other substance, in likeness or similitude, as to the design or the inscription thereon, of any die, hub, or mold designated for the coining or making of any of the genuine gold, silver, nickel, bronze, copper, or other coins coined at the mints of the United States; or Whoever, without lawful authority, possesses any such die, hub, or mold, or any part thereof, or permits the same to be used for or in aid of the counterfeiting of any such coins of the United States - Shall be fined not more than $5,000 or imprisoned not more than fifteen years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 709.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 283 (Mar. 4, 1909, ch. 321, Sec. 169, 35 Stat. 1120). Reference to persons causing, procuring, aiding or assisting was omitted as unnecessary as such persons are made principals by section 2 of this title. Mandatory punishment provision was rephrased in the alternative. The provision for imprisonment for 10 years was changed to 15 years to conform to section 471 of this title. Changes in phraseology were made. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23942 Document 184 of 1438------ -CITE- 18 USC Sec. 488 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 488. Making or possessing counterfeit dies for foreign coins -STATUTE- Whoever, within the United States, without lawful authority, makes any die, hub, or mold, or any part thereof, either of steel or of plaster, or of any other substance, in the likeness or similitude, as to the design or the inscription thereon, of any die, hub, or mold designated for the coining of the genuine coin of any foreign government; or Whoever, without lawful authority, possesses any such die, hub, or mold, or any part thereof, or conceals, or knowingly suffers the same to be used for the counterfeiting of any foreign coin - Shall be fined not more than $5,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 709.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 284 (Mar. 4, 1909, ch. 321, Sec. 170, 35 Stat. 1120). Reference to persons causing, procuring, aiding or assisting was omitted as unnecessary as such persons are made principals by section 2 of this title. Provision for $2,000 fine was increased to $5,000 to conform with section 481 of this title. Changes in phraseology were made. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23943 Document 185 of 1438------ -CITE- 18 USC Sec. 489 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 489. Making or possessing likeness of coins -STATUTE- Whoever, within the United States, makes or brings therein from any foreign country, or possesses with intent to sell, give away, or in any other manner uses the same, except under authority of the Secretary of the Treasury or other proper officer of the United States, any token, disk, or device in the likeness or similitude as to design, color, or the inscription thereon of any of the coins of the United States or of any foreign country issued as money, either under the authority of the United States or under the authority of any foreign government shall be fined not more than $100. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 709; July 16, 1951, ch. 226, Sec. 3, 65 Stat. 122.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 285 (Mar. 4, 1909, ch. 321, Sec. 171, 35 Stat. 1121; Feb. 15, 1912, ch. 38, 37 Stat. 64). Reference to persons causing or procuring was omitted as unnecessary in view of definition of 'principal' in section 2 of this title. Changes were made in phraseology. AMENDMENTS 1951 - Act July 16, 1951, struck out 'publisher's illustrations excepted' in section catchline, struck out from text all language which could be interpreted to prohibit or restrict the making and printing of coin illustrations in magazines and other publications, and gave the Secretary of the Treasury the authority to make exceptions to the application of this section. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23944 Document 186 of 1438------ -CITE- 18 USC Sec. 490 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 490. Minor coins -STATUTE- Whoever falsely makes, forges, or counterfeits any coin in the resemblance or similitude of any of the one-cent and 5-cent coins minted at the mints of the United States; or Whoever passes, utters, publishes, or sells, or brings into the United States, or possesses any such false, forged, or counterfeited coin, with intent to defraud any person, shall be fined not more than $1,000 or imprisoned not more than three years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 709; Feb. 14, 1984, Pub. L. 98-216, Sec. 3(b)(1), 98 Stat. 6.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 278 (Mar. 4, 1909, ch. 321, Sec. 164, 35 Stat. 1119). Reference to persons causing, procuring, aiding or assisting was omitted as unnecessary as such persons are made principals by section 2 of this title. Mandatory punishment provision was rephrased in the alternative. Changes were made in phraseology. AMENDMENTS 1984 - Pub. L. 98-216 substituted 'one-cent and 5-cent coins minted' for 'minor coins coined'. EFFECTIVE DATE OF 1984 AMENDMENT Section 4(c) of Pub. L. 98-216 provided that: 'The amendments made by sections 1(3), (4), and (7) and 3(b)(1) of this Act (amending this section and sections 3322, 3528, and 5132 of Title 31, Money and Finance) are effective as of September 13, 1982.' -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23945 Document 187 of 1438------ -CITE- 18 USC Sec. 491 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 491. Tokens or paper used as money -STATUTE- (a) Whoever, being 18 years of age or over, not lawfully authorized, makes, issues, or passes any coin, card, token, or device in metal, or its compounds, intended to be used as money, or whoever, being 18 years of age or over, with intent to defraud, makes, utters, inserts, or uses any card, token, slug, disk, device, paper, or other thing similar in size and shape to any of the lawful coins or other currency of the United States or any coin or other currency not legal tender in the United States, to procure anything of value, or the use or enjoyment of any property or service from any automatic merchandise vending machine, postage-stamp machine, turnstile, fare box, coinbox telephone, parking meter or other lawful receptacle, depository, or contrivance designed to receive or to be operated by lawful coins or other currency of the United States, shall be fined not more than $1,000, or imprisoned not more than one year, or both. (b) Whoever manufactures, sells, offers, or advertises for sale, or exposes or keeps with intent to furnish or sell any token, slug, disk, device, paper, or other thing similar in size and shape to any of the lawful coins or other currency of the United States, or any token, disk, paper, or other device issued or authorized in connection with rationing or food and fiber distribution by any agency of the United States, with knowledge or reason to believe that such tokens, slugs, disks, devices, papers, or other things are intended to be used unlawfully or fraudulently to procure anything of value, or the use or enjoyment of any property or service from any automatic merchandise vending machine, postage-stamp machine, turnstile, fare box, coinbox telephone, parking meter, or other lawful receptacle, depository, or contrivance designed to receive or to be operated by lawful coins or other currency of the United States shall be fined not more than $1,000 or imprisoned not more than one year, or both. Nothing contained in this section shall create immunity from criminal prosecution under the laws of any State, Commonwealth of Puerto Rico, territory, possession, or the District of Columbia. (c) 'Knowledge or reason to believe', within the meaning of paragraph (b) of this section, may be shown by proof that any law-enforcement officer has, prior to the commission of the offense with which the defendant is charged, informed the defendant that tokens, slugs, disks, or other devices of the kind manufactured, sold, offered, or advertised for sale by him or exposed or kept with intent to furnish or sell, are being used unlawfully or fraudulently to operate certain specified automatic merchandise vending machines, postage-stamp machines, turnstiles, fare boxes, coin-box telephones, parking meters, or other receptacles, depositories, or contrivances, designed to receive or to be operated by lawful coins of the United States. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 710; Sept. 19, 1962, Pub. L. 87-667, 76 Stat. 555.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 282, 282a (Mar. 4, 1909, ch. 321, Sec. 168, 35 Stat. 1120, and Sec. 168a as added Apr. 1, 1944, ch. 151, 58 Stat. 149). Mandatory punishment provision in subsection (a) was rephrased in the alternative. Sections were consolidated and changes were made in phraseology. Reference to persons causing or procuring was omitted as unnecessary in view of definition of 'principal' in section 2 of this title. Punishment provision in paragraph (a) of 5 years was changed to 1 year to make the offense a misdemeanor as was done in paragraph (b) of this section, which represents the latest expression of the intention of Congress. See definition of felony and misdemeanor in section 1 of this title and note thereunder. In paragraph (b) the $3,000 fine was reduced to $1,000 to conform to paragraph (a) and as more in keeping with the gravity of offense. AMENDMENTS 1962 - Subsec. (a). Pub. L. 87-667 inserted 'being 18 years of age or over,' before 'not lawfully authorized', and 'or whoever, being 18 years of age or over, with intent to defraud, makes, utters, inserts, or uses any card, token, slug, disk, device, paper, or other thing similar in size and shape to any of the lawful coins or other currency of the United States or any coin or other currency not legal tender in the United States, to procure anything of value, or the use or enjoyment of any property or service from any automatic merchandise vending machine, postage-stamp machine, turnstile, fare box, coinbox telephone, parking meter or other lawful receptacle, depository, or contrivance designed to receive or to be operated by lawful coins or other currency of the United States,' and deleted 'for any 1-cent, 2-cent, 3-cent, or 5-cent piece, authorized by law, or for coins of equal value' after 'intended to be used as money'. Subsec. (b). Pub. L. 87-667 substituted 'device, paper, or other thing similar' for 'device similar', 'paper, or other device issued or authorized in connection with rationing or food and fiber distribution' for 'or other device issued or authorized in connection with rationing', and 'devices, papers, or other things are intended to be used unlawfully' for 'or other devices may be used unlawfully', inserted 'or other currency' before 'of the United States' in two places, and 'lawful' before 'receptacle, depository', and provided that nothing in this section shall create immunity from criminal prosecution under the laws of any State, Commonwealth of Puerto Rico, territory, possession, or the District of Columbia. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23946 Document 188 of 1438------ -CITE- 18 USC Sec. 492 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 492. Forfeiture of counterfeit paraphernalia -STATUTE- All counterfeits of any coins or obligations or other securities of the United States or of any foreign government, or any articles, devices, and other things made, possessed, or used in violation of this chapter or of sections 331-333, 335, 336, 642 or 1720, of this title, or any material or apparatus used or fitted or intended to be used, in the making of such counterfeits, articles, devices or things, found in the possession of any person without authority from the Secretary of the Treasury or other proper officer, shall be forfeited to the United States. Whoever, having the custody or control of any such counterfeits, material, apparatus, articles, devices, or other things, fails or refuses to surrender possession thereof upon request by any authorized agent of the Treasury Department, or other proper officer, shall be fined not more than $100 or imprisoned not more than one year, or both. Whenever, except as hereinafter in this section provided, any person interested in any article, device, or other thing, or material or apparatus seized under this section files with the Secretary of the Treasury, before the disposition thereof, a petition for the remission or mitigation of such forfeiture, the Secretary of the Treasury, if he finds that such forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to violate the law, or finds the existence of such mitigating circumstances as to justify the remission or the mitigation of such forfeiture, may remit or mitigate the same upon such terms and conditions as he deems reasonable and just. If the seizure involves offenses other than offenses against the coinage, currency, obligations or securities of the United States or any foreign government, the petition for the remission or mitigation of forfeiture shall be referred to the Attorney General, who may remit or mitigate the forfeiture upon such terms as he deems reasonable and just. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 710.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 286 (Mar. 4, 1909, ch. 321, Sec. 172, 35 Stat. 1121; Jan. 27, 1938, ch. 10, Sec. 4, 52 Stat. 7). Section was materially shortened through merger of former third and fourth sentences with present first and second paragraphs by extending latter to include 'articles, devices, and other things'. This necessitated many insertions and deletions in the first two paragraphs, which, however, did not affect the substance of the section. A reference in the former third sentence to violations of certain sections was broadened to read 'in violation of this chapter or of sections 331-333, 335-336, 642, 1720, of this title' and incorporated in the first paragraph. This translation extends for the first time the provisions of this section to subject matter of sections 493-496, 498, 499, 504-509 of this title. All of the sections covered by the original reference in this section are represented in the translation except section 261, now section 8 of this title, and section 287 of title 18, U.S.C., 1940 ed., which were omitted therefrom as unnecessary, since the former is definitive and the latter related to procedure only, and is superseded by rule 41(a), (b) of the Federal Rules of Criminal Procedure. The revised section was so written as to limit the authority of the Secretary of the Treasury to forfeitures within the enforcement powers of the Treasury Department, which advises that it does not investigate counterfeiting offenses not involving coins, currency, or Government obligations and securities. The Attorney General is the appropriate officer to remit or mitigate other forfeitures. Changes in phraseology were also made. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Philatelic reproductions permitted, see section 504 of this title. Vessels, vehicles, and aircrafts used in counterfeiting forfeited, see section 781 et seq. of Title 49, Appendix, Transportation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23947 Document 189 of 1438------ -CITE- 18 USC Sec. 493 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 493. Bonds and obligations of certain lending agencies -STATUTE- Whoever falsely makes, forges, counterfeits or alters any note, bond, debenture, coupon, obligation, instrument, or writing in imitation or purporting to be in imitation of, a note, bond, debenture, coupon, obligation, instrument or writing, issued by the Reconstruction Finance Corporation, Federal Deposit Insurance Corporation, National Credit Union Administration, Home Owners' Loan Corporation, Farm Credit Administration, Department of Housing and Urban Development, or any land bank, intermediate credit bank, insured credit union, bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States, shall be fined not more than $10,000 or imprisoned not more than five years, or both. Whoever passes, utters, or publishes, or attempts to pass, utter or publish any note, bond, debenture, coupon, obligation, instrument or document knowing the same to have been falsely made, forged, counterfeited or altered, contrary to the provisions of this section, shall be fined not more than $10,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 711; Oct. 4, 1961, Pub. L. 87-353, Sec. 3(p), 75 Stat. 774; May 25, 1967, Pub. L. 90-19, Sec. 24(a), 81 Stat. 27; Oct. 19, 1970, Pub. L. 91-468, Sec. 3, 84 Stat. 1016.) -MISC1- HISTORICAL AND REVISION NOTES Based on sections 264(t), 982, 1126, 1138d(b), 1316, 1441(b), 1467(b), 1731(b) of title 12, U.S.C., 1940 ed., Banks and Banking, and section 616(b) of title 15, U.S.C. 1940 ed., Commerce and Trade (Dec. 23, 1913, ch. 6, Sec. 12B(t), as added June 16, 1933, ch. 89, Sec. 8, 48 Stat. 178, and amended Aug. 23, 1935, ch. 614, Sec. 101, 49 Stat. 684; July 17, 1916, ch. 245, Sec. 31 (second paragraph), 39 Stat. 383; July 17, 1916, ch. 245, Sec. 211(f), as added Mar. 4, 1923, ch. 252, title I, Sec. 2, 42 Stat. 1460; Mar. 4, 1923, ch. 252, title II, Sec. 216(f), 42 Stat. 1472; Jan. 22, 1932, ch. 8, Sec. 16(b), 47 Stat. 11; July 22, 1932, ch. 522, Sec. 21(b), 47 Stat. 738; June 13, 1933, ch. 64, Sec. 8(b), 48 Stat. 134; June 16, 1933, ch. 98, Sec. 64(b), 48 Stat. 268; June 27, 1934, ch. 847, Sec. 512(b), 48 Stat. 1265). Each of the nine sections from which this section was derived contained similar provisions with respect to one or more named agencies or corporations. The punishment was the same in each section except that in sections 982, 1126, and 1316 of title 12, U.S.C., 1940 ed., Banks and Banking, the maximum fine was $5,000. This section adopts the $10,000 maximum fine provided in the other six former sections. This section condenses and simplifies the form of the former sections without change of substance, except where the maximum fine differs as noted above. The enumeration of 'note, bond, debenture, coupon, obligation, instrument, or writing' does not occur in any one of the original sections but is an adequate enumeration of the instruments mentioned in each. Certain specific agencies are enumerated by name as are 'land bank, intermediate credit bank, bank for cooperatives,' but the phrase 'or any lending, mortgage, insurance, credit, or savings and loan corporation or association' was used to embrace the following: National Farm Loan Association, Federal Savings and Loan Insurance Corporation, Federal Savings and Loan Associations, National Agricultural Credit Corporation, Production Credit Corporations, Production Credit Associations, Home Loan Banks, National Mortgage Associations, and Central Bank for Cooperatives, Regional Agricultural Credit Corporation, or any instrumentalities created for similar purposes. Reference to persons causing, procuring, aiding or assisting was omitted as unnecessary, such persons being principals by section 2 of this title. The section was written in two paragraphs; the first denouncing forgery, counterfeiting, and altering; the second, passing, uttering, and publishing. This arrangement, together with the simplified style of the rewritten section, will permit the repeal of similar provisions in at least nine complicated sections now in title 12, U.S.C., 1940 ed., Banks and Banking. Section 1138d(f) of title 12, U.S.C., 1940 ed., Banks and Banking, was omitted from this revision and recommended for repeal. It provides as follows: 'Whoever conspires with another to accomplish any of the acts made unlawful by the preceding provisions of this section shall, on conviction thereof, be subject to the same fine or imprisonment, or both, as is applicable in the case of conviction for doing such unlawful act.' The only case construing such subsection (f) is United States v. Halbrook, D.C. Mo. 1941, 36 F. Supp. 345, in which the District Judge said by way of obiter dictum in a footnote that 'Under this section no overt act need be shown as is true in the case of a prosecution under section 37 of the Criminal Code', now section 371 of this title. Indeed the indictment upon which Halbrook was acquitted was drawn under section 88 of title 18, U.S.C., 1940 ed., now section 371 of this title, which required allegation and proof of an overt act and provided punishment by fine of not more than $10,000, or imprisonment for not more than 2 years, or both. The second indictment charged only substantive violations and involved neither conspiracy section. It will be noted that section 1138d(f) of title 12, U.S.C., 1940 ed., Banks and Banking, applies in terms only to the Farm Credit Administration, intermediate credit banks, Federal Farm Mortgage Corporation, and by reference to the banks for cooperatives, Production Credit Associations and Production Credit Corporations, and is not applicable to land banks, loan associations, Federal Housing Administration, Home Owners' Loan Corporation, or other institutions. It is also noted that in the only reported case involving this section, the United States attorney drew his conspiracy indictment not under section 1138d(f) of title 12, U.S.C., 1940 ed., Banks and Banking, but under section 88 of title 18, U.S.C., 1940 ed., which is now section 371 of this title, indicating considerable doubt as to the scope and effect of section 1138d(f) of said title 12, U.S.C., 1940 ed., Banks and Banking. There is no sound reason for differentiating between types of credit, insurance, banking and lending agencies in the punishment of conspiracy or in the requirement as to proof of overt acts. Since conspiracies involving offenses equally serious such as obstruction of justice, bribery, embezzlements, counterfeiting and false statements and offenses against the Treasury of the United States as well as the Federal Deposit Insurance Corporation and the Home Owners' Loan Corporation are punishable under the general conspiracy statute, the same rule should be applied to lesser agencies. The blanket provision for punishment of 'any person who willfully violates any other provision of this Act' was omitted as useless, in view of the specific provisions for penalties elsewhere in the Act. AMENDMENTS 1970 - Pub. L. 91-468 inserted National Credit Union Administration and insured credit unions in enumeration of lending agencies. 1967 - Pub. L. 90-19 substituted 'Department of Housing and Urban Development' for 'Federal Housing Administration'. 1961 - Pub. L. 87-353 struck out reference to the Federal Farm Mortgage Corporation. -TRANS- EXCEPTIONS FROM TRANSFER OF FUNCTIONS Functions of corporations of Department of Agriculture, boards of directors and officers of such corporations; Advisory Board of Commodity Credit Corporation; and Farm Credit Administration or any agency, officer or entity of, under, or subject to supervision of said Administration excepted from functions of officers, agencies, and employees transferred to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees. ABOLITION OF RECONSTRUCTION FINANCE CORPORATION Section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out in the Appendix to Title 5, Government Organization and Employees, abolished the Reconstruction Finance Corporation. ABOLITION OF HOME OWNERS' LOAN CORPORATION For dissolution and abolition of Home Owners' Loan Corporation, referred to in this section, by act June 30, 1953, ch. 170, Sec. 21, 67 Stat. 126, see note set out under section 1463 of Title 12, Banks and Banking. -MISC5- FARM CREDIT ADMINISTRATION Establishment of Farm Credit Administration as independent agency, and other changes in status, function, etc., see Ex. Ord. No. 6084 set out prec. section 2241 of Title 12, Banks and Banking. See also section 2001 et seq. of Title 12. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Secret Service, detection, arrest and delivery into custody of any person violating this section in so far as the Federal Deposit Insurance Corporation, Federal land banks, Federal land bank associations are concerned, see section 3056 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 3056 of this title. ------DocID 23948 Document 190 of 1438------ -CITE- 18 USC Sec. 494 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 494. Contractors' bonds, bids, and public records -STATUTE- Whoever falsely makes, alters, forges, or counterfeits any bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing for the purpose of defrauding the United States; or Whoever utters or publishes as true or possesses with intent to utter or publish as true, any such false, forged, altered, or counterfeited writing, knowing the same to be false, forged, altered, or counterfeited; or Whoever transmits to, or presents at any office or to any officer of the United States, any such false, forged, altered, or counterfeited writing, knowing the same to be false, forged, altered, or counterfeited - Shall be fined not more than $1,000 or imprisoned not more than ten years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 711.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 72 (Mar. 4, 1909, ch. 321, Sec. 28, 35 Stat. 1094). Reference to persons causing, procuring, aiding or assisting was omitted as unnecessary as such persons are made principals by section 2 of this title. Changes were also made in phraseology. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23949 Document 191 of 1438------ -CITE- 18 USC Sec. 495 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 495. Contracts, deeds, and powers of attorney -STATUTE- Whoever falsely makes, alters, forges, or counterfeits any deed, power of attorney, order, certificate, receipt, contract, or other writing, for the purpose of obtaining or receiving, or of enabling any other person, either directly or indirectly, to obtain or receive from the United States or any officers or agents thereof, any sum of money; or Whoever utters or publishes as true any such false, forged, altered, or counterfeited writing, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited; or Whoever transmits to, or presents at any office or officer of the United States, any such writing in support of, or in relation to, any account or claim, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited - Shall be fined not more than $1,000 or imprisoned not more than ten years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 711.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 73 (Mar. 4, 1909, ch. 321, Sec. 29, 35 Stat. 1094). Reference in first paragraph to persons causing, procuring, aiding or assisting was omitted as unnecessary as such persons are made principals by section 2 of this title. Mandatory punishment provision was rephrased in the alternative. Changes were made in phraseology. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Claims against the United States, use of counterfeited or forged power of attorney, authority or instrument, see section 1003 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23950 Document 192 of 1438------ -CITE- 18 USC Sec. 496 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 496. Customs matters -STATUTE- Whoever forges, counterfeits or falsely alters any writing made or required to be made in connection with the entry or withdrawal of imports or collection of customs duties, or uses any such writing knowing the same to be forged, counterfeited or falsely altered, shall be fined not more than $10,000 or imprisoned not more than three years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 711.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 119 (Mar. 4, 1909, ch. 321, Sec. 63, 35 Stat. 1100). Section was rewritten to apply to all customs documents or writings. The Treasury Department advises that certificates of entry are obsolete. Mandatory punishment provision was rephrased in the alternative. Changes were made in phraseology. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23951 Document 193 of 1438------ -CITE- 18 USC Sec. 497 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 497. Letters patent -STATUTE- Whoever falsely makes, forges, counterfeits, or alters any letters patent granted or purporting to have been granted by the President of the United States; or Whoever passes, utters, or publishes, or attempts to pass, utter, or publish as genuine, any such letters patent, knowing the same to be forged, counterfeited or falsely altered - Shall be fined not more than $5,000 or imprisoned not more than ten years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 712.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 71 (Mar. 4, 1909, ch. 321, Sec. 27, 35 Stat. 1094). Mandatory punishment provision was rephrased in the alternative. Changes were made in phraseology. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23952 Document 194 of 1438------ -CITE- 18 USC Sec. 498 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 498. Military or naval discharge certificates -STATUTE- Whoever forges, counterfeits, or falsely alters any certificate of discharge from the military or naval service of the United States, or uses, unlawfully possesses or exhibits any such certificate, knowing the same to be forged, counterfeited, or falsely altered, shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 712.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940, ed., Sec. 136 (Mar. 4, 1917, ch. 180, 39 Stat. 1182). Reference to any person causing, procuring, aiding or assisting was omitted as unnecessary as such persons are made principals by section 2 of this title. At the end of this section words 'in the discretion of the court' were omitted as unnecessary, as the punishment provisions, being framed in the alternative by the use of the disjunctive 'or,' vest in the court the power to impose a fine or prison sentence in its discretion. Changes in phraseology were made. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23953 Document 195 of 1438------ -CITE- 18 USC Sec. 499 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 499. Military, naval, or official passes -STATUTE- Whoever falsely makes, forges, counterfeits, alters, or tampers with any naval, military, or official pass or permit, issued by or under the authority of the United States, or with intent to defraud uses or possesses any such pass or permit, or personates or falsely represents himself to be or not to be a person to whom such pass or permit has been duly issued, or willfully allows any other person to have or use any such pass or permit, issued for his use alone, shall be fined not more than $2,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 712.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 132 (June 15, 1917, ch. 30, title X, Sec. 3, 40 Stat. 228). Changes were made in phraselogy. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Jurisdiction of offenses, see section 3241 of this title. Letters, writings, etc., in violation of this section as nonmailable, see section 1717 of this title. -SECREF- SECTIONS REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 1717 of this title. ------DocID 23954 Document 196 of 1438------ -CITE- 18 USC Sec. 500 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 500. Money orders -STATUTE- Whoever, with intent to defraud, falsely makes, forges, counterfeits, engraves, or prints any order in imitation of or purporting to be a blank money order or a money order issued by or under the direction of the Post Office Department or Postal Service; or Whoever forges or counterfeits the signature or initials of any person authorized to issue money orders upon or to any money order, postal note, or blank therefor provided or issued by or under the direction of the Post Office Department or Postal Service, or post office department or corporation of any foreign country, and payable in the United States, or any material signature or indorsement thereon, or any material signature to any receipt or certificate of identification thereof; or Whoever falsely alters, in any material respect, any such money order or postal note; or Whoever, with intent to defraud, passes, utters or publishes or attempts to pass, utter or publish any such forged or altered money order or postal note, knowing any material initials, signature, stamp impression or indorsement thereon to be false, forged, or counterfeited, or any material alteration therein to have been falsely made; or Whoever issues any money order or postal note without having previously received or paid the full amount of money payable therefor, with the purpose of fraudulently obtaining or receiving, or fraudulently enabling any other person, either directly or indirectly, to obtain or receive from the United States or Postal Service, or any officer, employee, or agent thereof, any sum of money whatever; or Whoever embezzles, steals, or knowingly converts to his own use or to the use of another, or without authority converts or disposes of any blank money order form provided by or under the authority of the Post Office Department or Postal Service; or Whoever receives or possesses any such money order form with the intent to convert it to his own use or gain or use or gain of another knowing it to have been embezzled, stolen or converted; or Whoever, with intent to defraud the United States, the Postal Service, or any person, transmits, presents, or causes to be transmitted or presented, any money order or postal note knowing the same - (1) to contain any forged or counterfeited signature, initials, or any stamped impression, or (2) to contain any material alteration therein unlawfully made, or (3) to have been unlawfully issued without previous payment of the amount required to be paid upon such issue, or (4) to have been stamped without lawful authority; or Whoever steals, or with intend to defraud or without being lawfully authorized by the Post Office Department or Postal Service, receives, possesses, disposes of or attempts to dispose of any postal money order machine or any stamp, tool, or instrument specifically designed to be used in preparing or filling out the blanks on postal money order forms - Shall be fined not more than $5,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 712; Aug. 12, 1970, Pub. L. 91-375, Sec. 6(j)(5), 84 Stat. 777; Sept. 23, 1972, Pub. L. 92-430, 86 Stat. 722.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 347 (Mar. 4, 1909, ch. 321, Sec. 218, 35 Stat. 1131). References to persons causing, procuring, aiding or assisting were omitted as unnecessary as such persons are made principals by section 2 of this title. Changes were made in phraseology. AMENDMENTS 1972 - Pub. L. 92-430 substituted 'a blank money order or a money order issued by or under the direction of' for 'a money order issued by' and struck out ', or by any officer or employee thereof' in first par.; substituted 'or initials of any person authorized to issue money orders' for 'of any officer or employee of the Postal Service,' in second par.; inserted 'or attempts to pass, utter or publish' before 'any such forged' and substituted 'material initials, signature, stamp impression' for 'material signature' in fourth par.; inserted 'or Postal Service' after 'the United States' in fifth par.; inserted sixth and seventh pars.; inserted ', the Postal Service' after 'the United States', and substituted 'presents, or causes to be transmitted or presented, any money order' for 'or presents to any officer or employee, or at any office of the United States, any money order' and designated material after 'knowing the same' as cls. (1) to (3) with minor changes and added cl. (4) in eighth par.; inserted ninth par., and enacted provisions of former seventh par. as tenth par. 1970 - Pub. L. 91-375 inserted reference to Postal Service and substituted 'officer or employee' for 'postmaster or agent' in first par. and substituted 'officer or employee of the Postal Service' for 'postmaster, assistant postmaster, chief clerk, or clerk' and 'Post Office Department or the Postal Service, or post office department or corporation of any foreign country' for 'Post Office Department of the United States, or of any foreign country' in second par. -CHANGE- CHANGE OF NAME Post Office Department redesignated United States Postal Service pursuant to Pub. L. 91-375, Sec. 6(o), Aug. 12, 1970, 84 Stat. 733, set out as a note preceding section 101 of Title 39, Postal Service. -MISC4- EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1956 of this title. ------DocID 23955 Document 197 of 1438------ -CITE- 18 USC Sec. 501 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 501. Postage stamps, postage meter stamps, and postal cards -STATUTE- Whoever forges or counterfeits any postage stamp, postage meter stamp, or any stamp printed upon any stamped envelope, or postal card, or any die, plate, or engraving thereof; or Whoever makes or prints, or knowingly uses or sells, or possesses with intent to use or sell, any such forged or counterfeited postage stamp, postage meter stamp, stamped envelope, postal card, die, plate, or engraving; or Whoever makes, or knowingly uses or sells, or possesses with intent to use or sell, any paper bearing the watermark of any stamped envelope, or postal card, or any fraudulent imitation thereof; or Whoever makes or prints, or authorizes to be made or printed, any postage stamp, postage meter stamp, stamped envelope, or postal card, of the kind authorized and provided by the Post Office Department or by the Postal Service, without the special authority and direction of the Department or Postal Service; or Whoever after such postage stamp, postage meter stamp, stamped envelope, or postal card has been printed, with intent to defraud, delivers the same to any person not authorized by an instrument in writing, duly executed under the hand of the Postmaster General and the seal of the Post Office Department or the Postal Service, to receive it - Shall be fined not more than $500 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 713; Aug. 12, 1970, Pub. L. 91-375, Sec. 6(j)(6), 84 Stat. 777; Oct. 14, 1970, Pub. L. 91-448, Sec. 1(a), 84 Stat. 920.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 348 (Mar. 4, 1909, ch. 321, Sec. 219, 35 Stat. 1132). Reference to persons causing or procuring was omitted as unnecessary in view of definition of 'principal' in section 2 of this title. Minor changes of phraseology were made. AMENDMENTS 1970 - Pub. L. 91-448 inserted references to the Postal Service and to postage meter stamps. Pub. L. 91-448, Sec. 1(b), repealed section 6(j)(6) of the Postal Reorganization Act, Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 719, by which the references to the Postal Service had been inserted earlier. Pub. L. 91-375 inserted 'or by the Postal Service,' after 'Post Office Department,' and substituted 'the Department or Postal Service' for 'said department' in fourth par. and struck out the comma after 'stamped envelope' and 'to defraud' and inserted 'or the Postal Service' after 'Post Office Department' in fifth par. -CHANGE- CHANGE OF NAME Post Office Department redesignated United States Postal Service pursuant to Pub. L. 91-375, Sec. 6(o), Aug. 12, 1970, 84 Stat. 733, set out as a note preceding section 101 of Title 39, Postal Service. -MISC4- EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1956 of this title. ------DocID 23956 Document 198 of 1438------ -CITE- 18 USC Sec. 502 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 502. Postage and revenue stamps of foreign governments -STATUTE- Whoever forges, or counterfeits, or knowingly utters or uses any forged or counterfeit postage stamp or revenue stamp of any foreign government, shall be fined not more than $500 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 713.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 349 (Mar. 4, 1909, ch. 321, Sec. 220, 35 Stat. 1132; May 26, 1926, ch. 396, 44 Stat. 653). A paragraph defining 'foreign government' was combined with other like provisions to form section 11 of this title. A proviso against repeal, 'Provided, however, That nothing in this section shall be held to repeal or modify section 350 of this title (now section 504 of this title)', was deleted as unnecessary since that section by express reference to this one makes it clear that these sections are in pari materia. Minor changes in phraseology were also made. -CROSS- CROSS REFERENCES Jurisdiction of offenses, see section 3241 of this title. Philatelic reproductions permitted, see section 504 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1956 of this title. ------DocID 23957 Document 199 of 1438------ -CITE- 18 USC Sec. 503 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 503. Postmarking stamps -STATUTE- Whoever forges or counterfeits any postmarking stamp, or impression thereof with intent to make it appear that such impression is a genuine postmark, or makes or knowingly uses or sells, or possesses with intent to use or sell, any forged or counterfeited postmarking stamp, die, plate, or engraving, or such impression thereof, shall be fined not more than $1,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 713.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 349a (Aug. 26, 1935, ch. 692, 49 Stat. 866). Minor changes in phraseology were made. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1956 of this title. ------DocID 23958 Document 200 of 1438------ -CITE- 18 USC Sec. 504 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 504. Printing and filming of United States and foreign obligations and securities -STATUTE- Notwithstanding any other provision of this chapter, the following are permitted: (1) the printing, publishing, or importation, or the making or importation of the necessary plates for such printing or publishing, of illustrations of - (A) postage stamps of the United States, (B) revenue stamps of the United States, (C) any other obligation or other security of the United States, and (D) postage stamps, revenue stamps, notes, bonds, and any other obligation or other security of any foreign government, bank, or corporation, for philatelic, numismatic, educational, historical, or newsworthy purposes in articles, books, journals, newspapers, or albums (but not for advertising purposes, except illustrations of stamps and paper money in philatelic or numismatic advertising of legitimate numismatists and dealers in stamps or publishers of or dealers in philatelic or numismatic articles, books, journals, newspapers, or albums). Illustrations permitted by the foregoing provisions of this section shall be made in accordance with the following conditions - (i) all illustrations shall be in black and white, except that illustrations of postage stamps issued by the United States or by any foreign government and stamps issued under the Migratory Bird Hunting Stamp Act of 1934 may be in color; (ii) all illustrations (including illustrations of uncanceled postage stamps in color and illustrations of stamps issued under the Migratory Bird Hunting Stamp Act of 1934 in color) shall be of a size less than three-fourths or more than one and one-half, in linear dimension, of each part of any matter so illustrated which is covered by subparagraph (A), (B), (C), or (D) of this paragraph, except that black and white illustrations of postage and revenue stamps issued by the United States or by any foreign government and colored illustrations of canceled postage stamps issued by the United States may be in the exact linear dimension in which the stamps were issued; and (iii) the negatives and plates used in making the illustrations shall be destroyed after their final use in accordance with this section. (2) the making or importation, but not for advertising purposes except philatelic advertising, of motion-picture films, microfilms, or slides, for projection upon a screen or for use in telecasting, of postage and revenue stamps and other obligations and securities of the United States, and postage and revenue stamps, notes, bonds, and other obligations or securities of any foreign government, bank, or corporation. No prints or other reproductions shall be made from such films or slides, except for the purposes of paragraph (1), without the permission of the Secretary of the Treasury. For the purposes of this section the term 'postage stamp' includes postage meter stamps. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 713; Sept. 2, 1958, Pub. L. 85-921, Sec. 1, 72 Stat. 1771; June 20, 1968, Pub. L. 90-353, Sec. 1, 82 Stat. 240; Oct. 14, 1970, Pub. L. 91-448, Sec. 2, 84 Stat. 921; July 18, 1984, Pub. L. 98-369, div. A, title X, Sec. 1077(b)(1), (2), 98 Stat. 1054.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 350 (Mar. 3, 1923, ch. 218, 42 Stat. 1437; Jan. 27, 1938, ch. 10, Sec. 2, 52 Stat. 6). Minor changes in phraseology were made. -REFTEXT- REFERENCES IN TEXT The Migratory Bird Hunting Stamp Act, referred to in par. (1)(i), (ii), is act Mar. 16, 1934, ch. 71, 48 Stat. 451, as amended, which is classified generally to subchapter IV (Sec. 718 et seq.) of chapter 7 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 718 of Title 16 and Tables. -MISC2- AMENDMENTS 1984 - Par. (1)(i). Pub. L. 98-369, Sec. 1077(b)(1), inserted 'and stamps issued under the Migratory Bird Hunting Stamp Act of 1934'. Par. (1)(ii). Pub. L. 98-369, Sec. 1077(b)(2), inserted 'and illustrations of stamps issued under the Migratory Bird Hunting Stamp Act of 1934 in color'. 1970 - Pub. L. 91-448 inserted provision including postage meter stamp within the meaning of postage stamp for the purposes of this section. 1968 - Par. (1). Pub. L. 90-353 inserted provisions so as to permit colored illustrations of canceled United States postage stamps in the exact size of genuine stamps and colored illustrations of uncanceled United States and foreign stamps if the size of the illustrations is less than three-fourths or more than one and one-half times the size of the genuine stamps and permitted the use of colored illustrations of stamps in public documents relating to stamps printed by the Government Printing Office at the request of the Postmaster General. 1958 - Pub. L. 85-921 permitted black and white illustrations of revenue stamps of the United States for philatelic and numismatic purposes, black and white illustrations of United States and foreign paper money and other obligations and securities for educational, historical, and newsworthy purposes, and permitted motion picture films, microfilms, and slides of United States and foreign postage and revenue stamps, paper money, and other obligations and securities, except films in connection with advertising. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-369 effective July 18, 1984, see section 1077(c) of Pub. L. 98-369, set out as a note under section 718e of Title 16, Conservation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 718e. ------DocID 23959 Document 201 of 1438------ -CITE- 18 USC Sec. 505 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 505. Seals of courts; signatures of judges or court officers -STATUTE- Whoever forges the signature of any judge, register, or other officer of any court of the United States, or of any Territory thereof, or forges or counterfeits the seal of any such court, or knowingly concurs in using any such forged or counterfeit signature or seal, for the purpose of authenticating any proceeding or document, or tenders in evidence any such proceeding or document with a false or counterfeit signature of any such judge, register, or other officer, or a false or counterfeit seal of the court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, shall be fined not more than $5,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 714.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 236 (Mar. 4, 1909, ch. 321, Sec. 130, 35 Stat. 1112). Mandatory punishment provision was rephrased in the alternative. Minor changes of phraseology were made. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Jurisdiction of offenses, see section 3241 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23960 Document 202 of 1438------ -CITE- 18 USC Sec. 506 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 506. Seals of departments or agencies -STATUTE- Whoever falsely makes, forges, counterfeits, mutilates, or alters the seal of any department or agency of the United States; or Whoever knowingly uses, affixes, or impresses any such fraudulently made, forged, counterfeited, mutilated, or altered seal to or upon any certificate, instrument, commission, document, or paper, of any description; or Whoever, with fraudulent intent, possesses any such seal, knowing the same to have been so falsely made, forged, counterfeited, mutilated, or altered - Shall be fined not more than $5,000 or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 714.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 131 (June 15, 1917, ch. 30, title X, Sec. 2, 40 Stat. 228). Reference to persons causing, procuring, aiding or assisting was omitted as unnecessary as such persons are made principals by section 2 of this title. In view of definitions of department and agency in section 6 of this title, words 'department or agency' in first paragraph were substituted for 'executive department, or any bureau, commission, or office'. Provision for 10 years' imprisonment was reduced to 5 years to conform to punishment provision in section 505 of this title, covering an offense of like gravity. Minor changes in phraseology were also made. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Government seals wrongfully used and instruments wrongfully sealed, see section 1017 of this title. Jurisdiction of offenses, see section 3241 of this title. Letters, writings, etc., in violation of this section as nonmailable, see section 1717 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 1717 of this title. ------DocID 23961 Document 203 of 1438------ -CITE- 18 USC Sec. 507 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 507. Ship's papers -STATUTE- Whoever falsely makes, forges, counterfeits, or alters any instrument in limitation of or purporting to be, an abstract or official copy or certificate of the recording, registry, or enrollment of any vessel, in the office of any collector of the customs, or a license to any vessel for carrying on the coasting trade or fisheries of the United States, or a certificate of ownership, pass, or clearance, granted for any vessel, under the authority of the United States, or a permit, debenture, or other official document granted by any collector or other officer of the customs by virtue of his office; or Whoever utters, publishes, or passes, or attempts to utter, publish, or pass, as true, any such false, forged, counterfeited, or falsely altered instrument, abstract, official copy, certificate, license, pass, clearance, permit, debenture, or other official document herein specified, knowing the same to be false, forged, counterfeited, or falsely altered, with an intent to defraud - Shall be fined not more than $1,000 or imprisoned not more than three years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 714.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 129 (Mar. 4, 1909, ch. 321, Sec. 72, 35 Stat. 1101). The words 'passport' and 'sea letter' were omitted as obsolete, in view of the Presidential proclamation of April 10, 1815, discontinuing the use of such passports and sea letters. Mandatory punishment provisions were rephrased in the alternative. Minor changes of phraseology were made. -TRANS- TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Certificate, license or document issued to vessels, officers or seamen, counterfeiting or forging, see section 2197 of this title. Provisions relating to recording, registry, or enrollment of vessels, etc., see section 12101 et seq. of Title 46, Shipping. Definition of registry and license with respect to vessel documentation, see section 12101 of Title 46. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23962 Document 204 of 1438------ -CITE- 18 USC Sec. 508 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 508. Transportation requests of Government -STATUTE- Whoever falsely makes, forges, or counterfeits in whole or in part, any form or request in similitude of the form or request provided by the Government for requesting a common carrier to furnish transportation on account of the United States or any department or agency thereof, or knowingly alters any form or request provided by the Government for requesting a common carrier to furnish transportation on account of the United States or any department or agency thereof; or Whoever knowingly passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, any such false, forged, counterfeited, or altered form or request - Shall be fined not more than $5,000 or imprisoned not more than ten years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 715.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 146 (Dec. 11, 1926, ch. 2, Sec. 1, 44 Stat. 917). References to persons causing, procuring, aiding or assisting were omitted as unnecessary as such persons are made principals by section 2 of this title. Also, in first paragraph, word 'agency' was substituted for 'branch', in view of definitions of department and agency in section 6 of this title. Words 'upon conviction' in last paragraph were omitted as surplusage since punishment cannot be imposed until a conviction is secured. Minor changes of phraseology were also made. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Secret Service, detection, arrest and delivery into custody of any person violating this section, see section 3056 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 3056 of this title; title 22 section 3622. ------DocID 23963 Document 205 of 1438------ -CITE- 18 USC Sec. 509 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 509. Possessing and making plates or stones for Government transportation requests -STATUTE- Whoever, except by lawful authority, controls, holds or possesses any plate, stone, or other thing, or any part thereof, from which has been printed or may be printed any form or request for Government transportation, or uses such plate, stone, or other thing, or knowingly permits or suffers the same to be used in making any such form or request or any part of such a form or request; or Whoever makes or engraves any plate, stone, or thing, in the likeness of any plate, stone, or thing designated for the printing of the genuine issues of the form or request for Government transportation; or Whoever prints, photographs, or in any other manner makes, executes, or sells any engraving, photograph, print, or impression in the likeness of any genuine form or request for Government transportation, or any part thereof; or Whoever brings into the United States or any place subject to the jurisdiction thereof, any plate, stone, or other thing, or engraving, photograph, print, or other impression of the form or request for Government transportation - Shall be fined not more than $5,000 or imprisoned not more than ten years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 715.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 147 (Dec. 11, 1926, ch. 2, Sec. 2, 44 Stat. 918). References to persons causing, procuring, aiding or assisting were omitted as unnecessary as such persons are made principals by section 2 of this title. Words 'upon conviction' in last paragraph were omitted as surplusage since punishment cannot be imposed until a conviction is secured. Minor changes in phraseology were also made. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Secret Service, detection, arrest and delivery into custody of any person violating this section, see section 3056 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 3056 of this title. ------DocID 23964 Document 206 of 1438------ -CITE- 18 USC Sec. 510 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 510. Forging endorsements on Treasury checks or bonds or securities of the United States -STATUTE- (a) Whoever, with intent to defraud - (1) falsely makes or forges any endorsement or signature on a Treasury check or bond or security of the United States; or (2) passes, utters, or publishes, or attempts to pass, utter, or publish, any Treasury check or bond or security of the United States bearing a falsely made or forged endorsement or signature; shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (b) Whoever, with knowledge that such Treasury check or bond or security of the United States is stolen or bears a falsely made or forged endorsement or signature buys, sells, exchanges, receives, delivers, retains, or conceals any such Treasury check or bond or security of the United States that in fact is stolen or bears a forged or falsely made endorsement or signature shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (c) If the face value of the Treasury check or bond or security of the United States or the aggregate face value, if more than one Treasury check or bond or security of the United States, does not exceed $500, in any of the above-mentioned offenses, the penalty shall be a fine of not more than $1,000 or imprisonment for not more than one year, or both. -SOURCE- (Added Pub. L. 98-151, Sec. 115(a), Nov. 14, 1983, 97 Stat. 976, and amended Pub. L. 101-647, title XXXV, Sec. 3514, Nov. 29, 1990, 104 Stat. 4923.) -MISC1- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-647 inserted semicolon after 'or signature' in par. (2) and moved provisions beginning with 'shall be fined' flush with left margin. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3056 of this title. ------DocID 23965 Document 207 of 1438------ -CITE- 18 USC Sec. 511 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 511. Altering or removing motor vehicle identification numbers -STATUTE- (a) Whoever knowingly removes, obliterates, tampers with, or alters an identification number for a motor vehicle, or motor vehicle part, shall be fined not more than $10,000 or imprisoned not more than five years, or both. (b)(1) Subsection (a) of this section does not apply to a removal, obliteration, tampering, or alteration by a person specified in paragraph (2) of this subsection (unless such person knows that the vehicle or part involved is stolen). (2) The persons referred to in paragraph (1) of this subsection are - (A) a motor vehicle scrap processor or a motor vehicle demolisher who complies with applicable State law with respect to such vehicle or part; (B) a person who repairs such vehicle or part, if the removal, obliteration, tampering, or alteration is reasonably necessary for the repair; and (C) a person who restores or replaces an identification number for such vehicle or part in accordance with applicable State law. (c) As used in this section, the term - (1) 'identification number' means a number or symbol that is inscribed or affixed for purposes of identification under the National Traffic and Motor Vehicle Safety Act of 1966, or the Motor Vehicle Information and Cost Savings Act; (2) 'motor vehicle' has the meaning given that term in section 2 of the Motor Vehicle Information and Cost Savings Act; (3) 'motor vehicle demolisher' means a person, including any motor vehicle dismantler or motor vehicle recycler, who is engaged in the business of reducing motor vehicles or motor vehicle parts to metallic scrap that is unsuitable for use as either a motor vehicle or a motor vehicle part; (4) 'motor vehicle scrap processor' means a person - (A) who is engaged in the business of purchasing motor vehicles or motor vehicle parts for reduction to metallic scrap for recycling; (B) who, from a fixed location, uses machinery to process metallic scrap into prepared grades; and (C) whose principal product is metallic scrap for recycling; but such term does not include any activity of any such person relating to the recycling of a motor vehicle or a motor vehicle part as a used motor vehicle or a used motor vehicle part. -SOURCE- (Added Pub. L. 98-547, title II, Sec. 201(a), Oct. 25, 1984, 98 Stat. 2768.) -REFTEXT- REFERENCES IN TEXT The National Traffic and Motor Vehicle Safety Act of 1966, referred to in subsec. (c)(1), is Pub. L. 89-563, Sept. 9, 1966, 80 Stat. 718, as amended, which is classified generally to chapter 38 (Sec. 1381 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1381 of Title 15 and Tables. The Motor Vehicle Information and Cost Savings Act, referred to in subsec. (c)(1), is Pub. L. 92-513, Oct. 20, 1972, 86 Stat. 947, as amended, which is classified generally to chapter 46 (Sec. 1901 et seq.) of Title 15. Section 2 of the Act is classified to section 1901 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of Title 15 and Tables. -MISC2- PRIOR PROVISIONS Another section 511 was renumbered section 513 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 512, 553, 2321 of this title; title 15 sections 2033, 2034. ------DocID 23966 Document 208 of 1438------ -CITE- 18 USC Sec. 512 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 512. Forfeiture of certain motor vehicles and motor vehicle parts -STATUTE- (a) If an identification number for a motor vehicle or motor vehicle part is removed, obliterated, tampered with, or altered, such vehicle or part shall be subject to seizure and forfeiture to the United States unless - (1) in the case of a motor vehicle part, such part is attached to a motor vehicle and the owner of such motor vehicle does not know that the identification number has been removed, obliterated, tampered with, or altered; (2) such motor vehicle or part has a replacement identification number that - (A) is authorized by the Secretary of Transportation under the National Traffic and Motor Vehicle Safety Act of 1966; or (B) conforms to applicable State law; (3) such removal, obliteration, tampering, or alteration is caused by collision or fire or is carried out as described in section 511(b) of this title; or (4) such motor vehicle or part is in the possession or control of a motor vehicle scrap processor who does not know that such identification number was removed, obliterated, tampered with, or altered in any manner other than by collision or fire or as described in section 511(b) of this title. (b) All provisions of law relating to - (1) the seizure and condemnation of vessels, vehicles, merchandise, and baggage for violation of customs laws, and procedures for summary and judicial forfeiture applicable to such violations; (2) the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from such disposition; (3) the remission or mitigation of such forfeiture; and (4) the compromise of claims and the award of compensation to informers with respect to such forfeiture; shall apply to seizures and forfeitures under this section, to the extent that such provisions are not inconsistent with this section. The duties of the collector of customs or any other person with respect to seizure and forfeiture under such provisions shall be performed under this section by such persons as may be designated by the Attorney General. (c) As used in this section, the terms 'identification number', 'motor vehicle', and 'motor vehicle scrap processor' have the meanings given those terms in section 511 of this title. -SOURCE- (Added Pub. L. 98-547, title II, Sec. 201(a), Oct. 25, 1984, 98 Stat. 2769.) -REFTEXT- REFERENCES IN TEXT The National Traffic and Motor Vehicle Safety Act of 1966, referred to in subsec. (a)(2)(A), is Pub. L. 89-563, Sept. 9, 1966, 80 Stat. 718, as amended, which is classified generally to chapter 38 (Sec. 1381 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1381 of Title 15 and Tables. The customs laws, referred to in subsec. (b)(1), are classified generally to Title 19, Customs Duties. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 section 2034. ------DocID 23967 Document 209 of 1438------ -CITE- 18 USC Sec. 513 -EXPCITE- TITLE 18 PART I CHAPTER 25 -HEAD- Sec. 513. Securities of the States and private entities -STATUTE- (a) Whoever makes, utters or possesses a counterfeited security of a State or a political subdivision thereof or of an organization, or whoever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization, with intent to deceive another person, organization, or government shall be fined not more than $250,000 or imprisoned for not more than ten years, or both. (b) Whoever makes, receives, possesses, sells or otherwise transfers an implement designed for or particularly suited for making a counterfeit or forged security with the intent that it be so used shall be punished by a fine of not more than $250,000 or by imprisonment for not more than ten years, or both. (c) For purposes of this section - (1) the term 'counterfeited' means a document that purports to be genuine but is not, because it has been falsely made or manufactured in its entirety; (2) the term 'forged' means a document that purports to be genuine but is not because it has been falsely altered, completed, signed, or endorsed, or contains a false addition thereto or insertion therein, or is a combination of parts of two or more genuine documents; (3) the term 'security' means - (A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument as defined in section 916(c) of the Electronic Fund Transfer Act, money order, traveler's check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in any profit-sharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property; (B) an instrument evidencing ownership of goods, wares, or merchandise; (C) any other written instrument commonly known as a security; (D) a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase, any of the foregoing; or (E) a blank form of any of the foregoing; (4) the term '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, society, union, or any other association or persons which operates in or the activities of which affect interstate or foreign commerce; and (5) the term 'State' includes a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and any other territory or possession of the United States. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 1105(a), Oct. 12, 1984, 98 Stat. 2144, Sec. 511; and renumbered Sec. 513, Pub. L. 99-646, Sec. 31(a), Nov. 10, 1986, 100 Stat. 3598; amended Pub. L. 101-647, title XXXV, Sec. 3515, Nov. 29, 1990, 104 Stat. 4923.) -REFTEXT- REFERENCES IN TEXT Section 916(c) of the Electronic Fund Transfer Act, referred to in par. (3)(A), is classified to section 1693n(c) of Title 15, Commerce and Trade. -MISC2- AMENDMENTS 1990 - Subsec. (c)(3)(A). Pub. L. 101-647 struck out '(15 U.S.C. 1693(c))' after 'Electronic Fund Transfer Act' and inserted comma after 'profit-sharing agreement'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1956 of this title. ------DocID 23968 Document 210 of 1438------ -CITE- 18 USC CHAPTER 27 -EXPCITE- TITLE 18 PART I CHAPTER 27 -HEAD- CHAPTER 27 - CUSTOMS -MISC1- Sec. 541. Entry of goods falsely classified. 542. Entry of goods by means of false statements. 543. Entry of goods for less than legal duty. 544. Relanding of goods. 545. Smuggling goods into the United States. 546. Smuggling goods into foreign countries. 547. Depositing goods in buildings on boundaries. 548. Removing or repacking goods in warehouses. 549. Removing goods from customs custody; breaking seals. 550. False claim for refund of duties. 551. Concealing or destroying invoices or other papers. 552. Officers aiding importation of obscene or treasonous books and articles. 553. Importation or exportation of stolen motor vehicles, off-highway mobile equipment, vessels, or aircraft. AMENDMENTS 1984 - Pub. L. 98-547, title III, Sec. 301(b), Oct. 25, 1984, 98 Stat. 2771, added item 553. -CROSS- CROSS REFERENCES Bribery of public officials, see section 201 of this title. Enforcement provisions, section 1581 et seq. of Title 19, Customs Duties. Forfeitures; penalty for aiding unlawful importation, see section 1595a of Title 19. Libel of vessels and vehicles, see section 1594 of Title 19. Search of vehicles and persons, see section 482 of Title 19. Searches and seizures, see section 1595 of Title 19. ------DocID 23969 Document 211 of 1438------ -CITE- 18 USC Sec. 541 -EXPCITE- TITLE 18 PART I CHAPTER 27 -HEAD- Sec. 541. Entry of goods falsely classified -STATUTE- Whoever knowingly effects any entry of goods, wares, or merchandise, at less than the true weight or measure thereof, or upon a false classification as to quality or value, or by the payment of less than the amount of duty legally due, shall be fined not more than $5,000 or imprisoned not more than two years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 715.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 126 (Mar. 4, 1909, ch. 321, Sec. 69, 35 Stat. 1101). Reference to persons aiding, contained in words 'or aid in effecting,' was omitted as unnecessary as such persons are made principals by section 2 of this title. Changes were made in phraseology. -CROSS- CROSS REFERENCES Libel of vessels and vehicles, see section 1594 of Title 19, Customs Duties. ------DocID 23970 Document 212 of 1438------ -CITE- 18 USC Sec. 542 -EXPCITE- TITLE 18 PART I CHAPTER 27 -HEAD- Sec. 542. Entry of goods by means of false statements -STATUTE- Whoever enters or introduces, or attempts to enter or introduce, into the commerce of the United States any imported merchandise by means of any fraudulent or false invoice, declaration, affidavit, letter, paper, or by means of any false statement, written or verbal, or by means of any false or fraudulent practice or appliance, or makes any false statement in any declaration without reasonable cause to believe the truth of such statement, or procures the making of any such false statement as to any matter material thereto without reasonable cause to believe the truth of such statement, whether or not the United States shall or may be deprived of any lawful duties; or Whoever is guilty of any willful act or omission whereby the United States shall or may be deprived of any lawful duties accruing upon merchandise embraced or referred to in such invoice, declaration, affidavit, letter, paper, or statement, or affected by such act or omission - Shall be fined for each offense not more than $5,000 or imprisoned not more than two years, or both. Nothing in this section shall be construed to relieve imported merchandise from forfeiture under other provisions of law. The term 'commerce of the United States', as used in this section, shall not include commerce with the Philippine Islands, Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or Guam. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 715; June 30, 1955, ch. 258, Sec. 2(c), 69 Stat. 242.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 1591 of title 19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, Sec. 591, 46 Stat. 750; Aug. 5, 1935, ch. 438, title III, Sec. 304(a), 49 Stat. 527). The reference in the first paragraph to persons aiding, contained in the phrase 'or aids,' was omitted as unnecessary as such persons are made principals by section 2 of this title. Words 'upon conviction' before 'be fined' were omitted as surplusage since punishment cannot be imposed until conviction is secured. Enumeration of persons at beginning of section and provision preserving forfeitures where authorized by law were omitted as surplusage. The fourth paragraph was added to the revised section to make clear the intent of Congress that forfeiture is an additional consequence independent of the criminal punishment. The final paragraph was added to conform with section 1709 of title 19, U.S.C., 1940 ed. Changes in phraseology were also made. -REFTEXT- REFERENCES IN TEXT The Philippine Islands, referred to in text, are independent and known as the Republic of the Philippines. See section 1394 of Title 22, Foreign Relations and Intercourse, and 1946 Proc. No. 2695, set out as a note under that section. -MISC2- AMENDMENTS 1955 - Act June 30, 1955, inserted reference to Johnston Island in last par. EFFECTIVE DATE OF 1955 AMENDMENT Amendment by act June 30, 1955, effective July 1, 1955, see section 2(d) of act June 30, 1955, set out as a note under section 1401 of Title 19, Customs Duties. -CROSS- CROSS REFERENCES Counterfeit writings in connection with customs matters, see section 496 of this title. False shipping manifest or lack of manifest in connection with importation of goods, penalties, see section 1584 of Title 19, Customs Duties. Forfeiture of property imported into the United States, which is the subject of any contract, combination or conspiracy mentioned in section 8 of Title 15, Commerce and Trade, see section 11 of Title 15. Forgery of writings in connection with customs matters, see section 496 of this title. Narcotic drugs, seizure and forfeiture of, see section 881 of Title 21, Foods and Drugs. Penalty for fraud, gross negligence, or negligence in connection with importation of goods, see section 1592 of Title 19, Customs Duties. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1956 of this title. ------DocID 23971 Document 213 of 1438------ -CITE- 18 USC Sec. 543 -EXPCITE- TITLE 18 PART I CHAPTER 27 -HEAD- Sec. 543. Entry of goods for less than legal duty -STATUTE- Whoever, being an officer of the revenue, knowingly admits to entry, any goods, wares, or merchandise, upon payment of less than the amount of duty legally due, shall be fined not more than $5,000 or imprisoned not more than two years, or both, and removed from office. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 716.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 125 (Mar. 4, 1909, ch. 321, Sec. 68, 35 Stat. 1101). Reference to persons aiding, contained in words 'or aid in admitting,' was omitted as unnecessary as such persons are made principals by section 2 of this title. Changes were made in phraseology. -CROSS- CROSS REFERENCES Bribery of public officials, see section 201 of this title. Compromise of customs liabilities, penalty, see section 1915 of this title. Forfeitures, penalty for aiding unlawful importation, see section 1595a of Title 19, Customs Duties. ------DocID 23972 Document 214 of 1438------ -CITE- 18 USC Sec. 544 -EXPCITE- TITLE 18 PART I CHAPTER 27 -HEAD- Sec. 544. Relanding of goods -STATUTE- If any merchandise entered or withdrawn for exportation without payment of the duties thereon, or with intent to obtain a drawback of the duties paid, or of any other allowances given by law on the exportation thereof, is relanded at any place in the United States without entry having been made, such merchandise shall be considered as having been imported into the United States contrary to law, and each person concerned shall be fined not more than $5,000 or imprisoned not more than two years, or both; and such merchandise shall be forfeited. The term 'any place in the United States', as used in this section, shall not include the Philippine Islands, Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or Guam. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 716; June 30, 1955, ch. 258, Sec. 2(c), 69 Stat. 242.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 1589 of title 19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, Sec. 589, 46 Stat. 750). The final paragraph was added to conform with section 1709 of title 19, U.S.C., 1940 ed. Minor changes were made in phraseology. -REFTEXT- REFERENCES IN TEXT The Philippine Islands, referred to in text, are independent and known as the Republic of the Philippines. See section 1394 of Title 22, Foreign Relations and Intercourse, and 1946 Proc. No. 2695, set out as a note under that section. -MISC2- AMENDMENTS 1955 - Act June 30, 1955, inserted reference to Johnston Island in last par. EFFECTIVE DATE OF 1955 AMENDMENT Amendment by act June 30, 1955, effective July 1, 1955, see section 2(d) of act June 30, 1955, set out as a note under section 1401 of Title 19, Customs Duties. ------DocID 23973 Document 215 of 1438------ -CITE- 18 USC Sec. 545 -EXPCITE- TITLE 18 PART I CHAPTER 27 -HEAD- Sec. 545. Smuggling goods into the United States -STATUTE- Whoever knowingly and willfully, with intent to defraud the United States, smuggles, or clandestinely introduces into the United States any merchandise which should have been invoiced, or makes out or passes, or attempts to pass, through the customhouse any false, forged, or fraudulent invoice, or other document or paper; or Whoever fraudulently or knowingly imports or brings into the United States, any merchandise contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise after importation, knowing the same to have been imported or brought into the United States contrary to law - Shall be fined not more than $10,000 or imprisoned not more than five years, or both. Proof of defendant's possession of such goods, unless explained to the satisfaction of the jury, shall be deemed evidence sufficient to authorize conviction for violation of this section. Merchandise introduced into the United States in violation of this section, or the value thereof, to be recovered from any person described in the first or second paragraph of this section, shall be forfeited to the United States. The term 'United States', as used in this section, shall not include the Philippine Islands, Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or Guam. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 716; Aug. 24, 1954, ch. 890, Sec. 1, 68 Stat. 782; Sept. 1, 1954, ch. 1213, title V, Sec. 507, 68 Stat. 1141; June 30, 1955, ch. 258, Sec. 2(c), 69 Stat. 242.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 1593 of title 19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, Sec. 593, 46 Stat. 751). Reference in first paragraph to aiders, contained in words 'his, her, or their aiders and abettors' was omitted as unnecessary since such persons are made principals by section 2 of this title. For the same reason words 'or assists in so doing' in second paragraph were deleted. Words 'shall be deemed guilty of a misdemeanor,' in first paragraph were omitted in view of definition of misdemeanor in section 1 of this title. Conviction provision in first paragraph reading 'and on conviction thereof' was deleted as surplusage since punishment cannot be imposed until a conviction is secured. Minimum punishment provision 'nor less than $50' in second paragraph was deleted. Forfeiture provision was rephrased to make it clear that forfeiture was not dependent upon conviction. The final paragraph was added to conform with section 1709 of title 19, U.S.C., 1940 ed. Changes were made in phraseology. -REFTEXT- REFERENCES IN TEXT The Philippine Islands, referred to in text, are independent and known as the Republic of the Philippines. See section 1394 of Title 22, Foreign Relations and Intercourse, and 1946 Proc. No. 2695, set out as a note under that section. -MISC2- AMENDMENTS 1955 - Act June 30, 1955, inserted reference to Johnston Island. 1954 - Act Sept. 1, 1954, permitted forfeiture of value of merchandise imported in violation of section. Act Aug. 24, 1954, increased fine from $5,000 to $10,000 and imprisonment from two years to five years. EFFECTIVE DATE OF 1955 AMENDMENT Amendment by act June 30, 1955, effective July 1, 1955, see section 2(d) of act June 30, 1955, set out as a note under section 1401 of Title 19, Customs Duties. EFFECTIVE DATE OF 1954 AMENDMENT Section 2 of act Aug. 24, 1954, provided that: 'The amendments made by the first section of this Act (amending this section) shall apply only with respect to offenses committed on and after the date of the enactment of this Act (Aug. 24, 1954).' -CROSS- FEDERAL RULES OF CRIMINAL PROCEDURE Searches and seizures, generally, see rule 41, Appendix to this title. CROSS REFERENCES False shipping manifest or lack of manifest in connection with importation of goods, penalties, see section 1584 of Title 19, Customs Duties. Forfeitures generally, see sections 2461 to 2465 of Title 28, Judiciary and Judicial Procedure. Narcotic drugs - Penalty for aiding unlawful importation, see section 1595a of Title 19, Customs Duties. Search of vehicles and persons, see section 482 of Title 19. Seizure and forfeiture of, see section 881 of Title 21, Food and Drugs. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1956 of this title; title 21 sections 135a, 967. ------DocID 23974 Document 216 of 1438------ -CITE- 18 USC Sec. 546 -EXPCITE- TITLE 18 PART I CHAPTER 27 -HEAD- Sec. 546. Smuggling goods into foreign countries -STATUTE- Any person owning in whole or in part any vessel of the United States who employs, or participates in, or allows the employment of, such vessel for the purpose of smuggling, or attempting to smuggle, or assisting in smuggling, any merchandise into the territory of any foreign government in violation of the laws there in force, if under the laws of such foreign government any penalty or forfeiture is provided for violation of the laws of the United States respecting the customs revenue, and any citizen of, or person domiciled in, or any corporation incorporated in, the United States, controlling or substantially participating in the control of any such vessel, directly or indirectly, whether through ownership of corporate shares or otherwise, and allowing the employment of said vessel for any such purpose, and any person found, or discovered to have been, on board of any such vessel so employed and participating or assisting in any such purpose, shall be fined not more than $5,000 or imprisoned not more than two years, or both. It shall constitute an offense under this section to hire out or charter a vessel if the lessor or charterer has knowledge or reasonable grounds for belief that the lessee or person chartering the vessel intends to employ such vessel for any of the purposes described in this section and if such vessel is, during the time such lease or charter is in effect, employed for any such purpose. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 717.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 1702 of title 19, U.S.C., 1940 ed., Customs Duties (Aug. 5, 1935, ch. 438, title I, Sec. 2, 49 Stat. 518). Changes were made in phraseology. -REFTEXT- REFERENCES IN TEXT The laws of the United States respecting the customs revenue, referred to in text, are classified generally to Title 19, Customs Duties. ------DocID 23975 Document 217 of 1438------ -CITE- 18 USC Sec. 547 -EXPCITE- TITLE 18 PART I CHAPTER 27 -HEAD- Sec. 547. Depositing goods in buildings on boundaries -STATUTE- Whoever receives or deposits any merchandise in any building upon the boundary line between the United States and any foreign country, or carries any merchandise through the same, in violation of law, shall be fined not more than $5,000 or imprisoned not more than two years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 717.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 1596 of title 19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, Sec. 596, 46 Stat. 752). Reference to persons aiding, contained in words 'or aids therein,' was omitted as such persons are made principals by section 2 of this title. Changes were made in phraseology. -CROSS- CROSS REFERENCES Searches and seizures, see section 1595 of Title 19, Customs Duties. ------DocID 23976 Document 218 of 1438------ -CITE- 18 USC Sec. 548 -EXPCITE- TITLE 18 PART I CHAPTER 27 -HEAD- Sec. 548. Removing or repacking goods in warehouses -STATUTE- Whoever fraudulently conceals, removes, or repacks merchandise in any bonded warehouse or fraudulently alters, defaces or obliterates any marks or numbers placed upon packages deposited in such warehouse, shall be fined not more than $5,000 or imprisoned not more than two years, or both. Merchandise so concealed, removed, or repacked, or packages upon which any marks or numbers have been so altered, defaced, or obliterated, shall be forfeited to the United States. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 717.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 1597 of title 19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, Sec. 597, 46 Stat. 752). This section was rewritten to place the criminal provisions ahead of the forfeiture provisions. This did not require any substantive changes except omission of reference to persons aiding. Such persons are made principals by section 2 of this title. The punishment prescribed by section 545 of this title was inserted to make this section complete without reference to another section. In doing so it was necessary to rephrase the punishment provision of section 545 of this title, as originally enacted, without change of substance. Forfeiture provision was rephrased to make it clear that forfeiture was not dependent upon conviction. Changes were made in phraseology. ------DocID 23977 Document 219 of 1438------ -CITE- 18 USC Sec. 549 -EXPCITE- TITLE 18 PART I CHAPTER 27 -HEAD- Sec. 549. Removing goods from customs custody; breaking seals -STATUTE- Whoever, without authority, affixes or attaches a customs seal, fastening, or mark, or any seal, fastening, or mark purporting to be a customs seal, fastening, or mark to any vessel, vehicle, warehouse, or package; or Whoever, without authority, willfully removes, breaks, injures, or defaces any customs seal or other fastening or mark placed upon any vessel, vehicle, warehouse, or package containing merchandise or baggage in bond or in customs custody; or Whoever maliciously enters any bonded warehouse or any vessel or vehicle laden with or containing bonded merchandise with intent unlawfully to remove therefrom any merchandise or baggage therein, or unlawfully removes any merchandise or baggage in such vessel, vehicle, or bonded warehouse or otherwise in customs custody or control; or Whoever receives or transports any merchandise or baggage unlawfully removed from any such vessel, vehicle, or warehouse, knowing the same to have been unlawfully removed - Shall be fined not more than $5,000 or imprisoned not more than two years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 717.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 1598 of title 19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, Sec. 598, 46 Stat. 752; June 25, 1938, ch. 679, Sec. 26, 52 Stat. 1089). Reference to persons causing, procuring, aiding or assisting was omitted as unnecessary in view of definition of 'principal' in section 2 of this title. In view of definition of felony in section 1 of this title words 'guilty of a felony' were omitted. (See reviser's note under section 550 of this title.) The punishment prescribed by section 545 of this title was inserted to make this section complete without reference to another section. In doing so it was necessary to rephrase the punishment provision of section 545 of this title, as originally enacted, without change of substance. Forfeiture provision was omitted to conform with current administrative practice. Changes were made in phraseology. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1956 of this title. ------DocID 23978 Document 220 of 1438------ -CITE- 18 USC Sec. 550 -EXPCITE- TITLE 18 PART I CHAPTER 27 -HEAD- Sec. 550. False claim for refund of duties -STATUTE- Whoever knowingly and willfully files any false or fraudulent entry or claim for the payment of drawback, allowance, or refund of duties upon the exportation of merchandise, or knowingly or willfully makes or files any false affidavit, abstract, record, certificate, or other document, with a view to securing the payment to himself or others of any drawback, allowance, or refund of duties, on the exportation of merchandise, greater than that legally due thereon, shall be fined not more than $5,000 or imprisoned not more than two years, or both, and such merchandise or the value thereof shall be forfeited. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 718.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 1590 of title 19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, Sec. 590, 46 Stat. 750). Reference to felony, contained in words 'such person shall be guilty of a felony' was omitted as unnecessary in view of definition of felony in section 1 of this title. This, too, was the policy adopted by the codifiers of the 1909 Criminal Code. (See S. Rept. 10, pt. I, pp. 12, 13, and 14, 60th Cong., 1st sess.) Words 'and upon conviction thereof' before 'shall be punished' were also omitted as unnecessary, since punishment cannot be imposed until a conviction is secured. Changes were made in phraseology. ------DocID 23979 Document 221 of 1438------ -CITE- 18 USC Sec. 551 -EXPCITE- TITLE 18 PART I CHAPTER 27 -HEAD- Sec. 551. Concealing or destroying invoices or other papers -STATUTE- Whoever willfully conceals or destroys any invoice, book, or paper relating to any merchandise imported into the United States, after an inspection thereof has been demanded by the collector of any collection district; or Whoever conceals or destroys at any time any such invoice, book, or paper for the purpose of suppressing any evidence of fraud therein contained - Shall be fined not more than $5,000 or imprisoned not more than two years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 718.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 120 (Mar. 4, 1909, ch. 321, Sec. 64, 35 Stat. 1100). Minor changes were made in phraseology. -TRANS- TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. -CROSS- CROSS REFERENCES Invoices generally, see section 1481 of Title 19, Customs Duties. ------DocID 23980 Document 222 of 1438------ -CITE- 18 USC Sec. 552 -EXPCITE- TITLE 18 PART I CHAPTER 27 -HEAD- Sec. 552. Officers aiding importation of obscene or treasonous books and articles -STATUTE- Whoever, being an officer, agent, or employee of the United States, knowingly aids or abets any person engaged in any violation of any of the provisions of law prohibiting importing, advertising, dealing in, exhibiting, or sending or receiving by mail obscene or indecent publications or representations, or books, pamphlets, papers, writings, advertisements, circulars, prints, pictures, or drawings containing any matter advocating or urging treason or insurrection against the United States or forcible resistance to any law of the United States, or containing any threat to take the life of or inflict bodily harm upon any person in the United States, or means for procuring abortion, or other articles of indecent or immoral use or tendency, shall be fined not more than $5,000 or imprisoned not more than ten years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 718; Jan. 8, 1971, Pub. L. 91-662, Sec. 2, 84 Stat. 1973.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 1305(b) of title 19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title III, Sec. 305(b), 46 Stat. 688). In view of definition of misdemeanor in section 1 of this title words 'shall be deemed guilty of a misdemeanor, and' were omitted. Words 'at hard labor' after 'imprisonment' were omitted. (See reviser's note under section 1 of this title.) Changes were made in phraseology. AMENDMENTS 1971 - Pub. L. 91-662 struck out 'preventing conception or' before 'procuring abortion'. EFFECTIVE DATE OF 1971 AMENDMENT Section 7 of Pub. L. 91-662 provided that: 'The amendments made by this Act (other than by section 6) (amending this section, sections 1461 and 1462 of this title, and section 1305 of Title 19, Customs Duties) shall take effect on the day after the date of the enactment of this Act (Jan. 8, 1971).' -CROSS- CROSS REFERENCES Bribery of public officials, see section 201 of this title. Compromise of customs liabilities, penalty, see section 1915 of this title. Forfeitures, penalty for aiding unlawful importation, see section 1595a of Title 19, Customs Duties. Immoral articles, importation prohibited, see section 1305 of Title 19. ------DocID 23981 Document 223 of 1438------ -CITE- 18 USC Sec. 553 -EXPCITE- TITLE 18 PART I CHAPTER 27 -HEAD- Sec. 553. Importation or exportation of stolen motor vehicles, off-highway mobile equipment, vessels, or aircraft -STATUTE- (a) Whoever knowingly imports, exports, or attempts to import or export - (1) any motor vehicle, off-highway mobile equipment, vessel, aircraft, or part of any motor vehicle, off-highway mobile equipment, vessel, or aircraft, knowing the same to have been stolen; or (2) any motor vehicle or off-highway mobile equipment or part of any motor vehicle or off-highway mobile equipment, knowing that the identification number of such motor vehicle, equipment, or part has been removed, obliterated, tampered with, or altered; shall be fined not more than $15,000 or imprisoned not more than five years, or both. (b) Subsection (a)(2) shall not apply if the removal, obliteration, tampering, or alteration - (1) is caused by collision or fire; or (2)(A) in the case of a motor vehicle, is not a violation of section 511 of this title (relating to altering or removing motor vehicle identification numbers); or (B) in the case of off-highway mobile equipment, would not be a violation of section 511 of this title if such equipment were a motor vehicle. (c) As used in this section, the term - (1) 'motor vehicle' has the meaning given that term in section 2 of the Motor Vehicle Information and Cost Savings Act; (2) 'off-highway mobile equipment' means any self-propelled agricultural equipment, self-propelled construction equipment, and self-propelled special use equipment, used or designed for running on land but not on rail or highway; (3) 'vessel' has the meaning given that term in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401); (4) 'aircraft' has the meaning given that term in section 101 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301); and (5) 'identification number' - (A) in the case of a motor vehicle, has the meaning given that term in section 511 of this title; and (B) in the case of any other vehicle or equipment covered by this section, means a number or symbol assigned to the vehicle or equipment, or part thereof, by the manufacturer primarily for the purpose of identifying such vehicle, equipment, or part. -SOURCE- (Added Pub. L. 98-547, title III, Sec. 301(a), Oct. 25, 1984, 98 Stat. 2771, and amended Pub. L. 100-690, title VII, Sec. 7021, Nov. 18, 1988, 102 Stat. 4396.) -REFTEXT- REFERENCES IN TEXT Section 2 of the Motor Vehicle Information and Cost Savings Act, referred to in subsec. (c)(1), is classified to section 1901 of Title 15, Commerce and Trade. -MISC2- AMENDMENTS 1988 - Subsec. (b)(2). Pub. L. 100-690 amended par. (2) generally. Prior to amendment, par. (2) read as follows: 'is not a violation of section 511 of this title.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 section 2034. ------DocID 23982 Document 224 of 1438------ -CITE- 18 USC CHAPTER 29 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- CHAPTER 29 - ELECTIONS AND POLITICAL ACTIVITIES -MISC1- Sec. (591. Repealed.) 592. Troops at polls. 593. Interference by armed forces. 594. Intimidation of voters. 595. Interference by administrative employees of Federal, State, or Territorial Governments. 596. Polling armed forces. 597. Expenditures to influence voting. 598. Coercion by means of relief appropriations. 599. Promise of appointment by candidate. 600. Promise of employment or other benefit for political activity. 601. Deprivation of employment or other benefit for political contribution. 602. Solicitation of political contributions. 603. Making political contributions. 604. Solicitation from persons on relief. 605. Disclosure of names of persons on relief. 606. Intimidation to secure political contributions. 607. Place of solicitation. 608. Absent uniformed services voters and overseas voters. 609. Use of military authority to influence vote of member of Armed Forces. (610 to 617. Repealed.) SENATE REVISION AMENDMENT By Senate amendment, item 610 was changed to read, '610. Contributions or expenditures by national banks, corporations, or labor organizations'. See Senate Report No. 1620, amendment Nos. 4 and 5, 80th Cong. AMENDMENTS 1990 - Pub. L. 101-647, title XXXV, Sec. 3516, Nov. 29, 1990, 104 Stat. 4923, substituted 'Making political contributions' for 'Place of solicitation' in item 603 and 'Place of solicitation' for 'Making political contributions' in item 607. 1986 - Pub. L. 99-410, title II, Sec. 202(b), Aug. 28, 1986, 100 Stat. 929, added items 608 and 609. 1980 - Pub. L. 96-187, title II, Sec. 201(a)(2), Jan. 8, 1980, 93 Stat. 1367, struck out item 591 'Definitions'. 1976 - Pub. L. 94-453, Sec. 2, Oct. 2, 1976, 90 Stat. 1517, substituted 'political contribution' for 'political activity' in item 601. Pub. L. 94-283 title II, Sec. 201(b), May 11, 1976, 90 Stat. 496, struck out items '608. Limitations on contributions and expenditures', '610. Contributions or expenditures by national banks, corporations or labor organizations', '611. Contributions by Government contractors', '612. Publication or distribution of political statements', '613. Contributions by foreign nationals', '614. Prohibition of contributions in name of another', '615. Limitation on contributions of currency', '616. Acceptance of excessive honorariums', and '617. Fraudulent misrepresentation of campaign authority'. 1974 - Pub. L. 93-443, title I, Sec. 101(d)(4)(B), (f)(3), Oct. 15, 1974, 88 Stat. 1267, 1268, substituted 'Contributions by foreign nationals' for 'Contributions by agents of foreign principals' in item 613, and added items 614 to 617. 1972 - Pub. L. 92-225, title II, Sec. 207, Feb. 7, 1972, 86 Stat. 11, substituted 'contributions and expenditures' for 'political contributions and purchases' in item 608, 'Repealed' for 'Maximum contributions and expenditures' in item 609, and 'Government contractors' for 'firms or individuals contracting with the United States' in item 611. 1966 - Pub. L. 89-486, Sec. 8(c)(1), July 4, 1966, 80 Stat. 249, added item 613. STATE LAWS AFFECTED; DEFINITIONS Section 104 of Pub. L. 93-443 provided that: '(a) The provisions of chapter 29 of title 18, United States Code, relating to elections and political activities, supersede and preempt any provision of State law with respect to election to Federal office. '(b) For purposes of this section, the terms 'election', 'Federal office', and 'State' have the meanings given them by section 591 of title 18, United States Code.' ------DocID 23983 Document 225 of 1438------ -CITE- 18 USC Sec. 591 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- (Sec. 591. Repealed. Pub. L. 96-187, title II, Sec. 201(a)(1), Jan. 8, 1980, 93 Stat. 1367) -MISC1- Section, acts June 25, 1948, ch. 645, 62 Stat. 719; May 24, 1949, ch. 139, Sec. 9, 63 Stat. 90; Sept. 22, 1970, Pub. L. 91-405, title II, Sec. 204(d)(4), 84 Stat. 853; Feb. 7, 1972, Pub. L. 92-225, title II, Sec. 201, 86 Stat. 8; Oct. 15, 1974, Pub. L. 93-443, title I, Sec. 101(f)(2), 102, 88 Stat. 1268, 1269; May 11, 1976, Pub. L. 94-283, title I, Sec. 115(g), title II, Sec. 202, 90 Stat. 496, 497, defined terms applicable to prohibitions respecting elections and political activities. EFFECTIVE DATE OF REPEAL Repeal effective Jan. 8, 1980, see section 301(a) of Pub. L. 96-187, set out as an Effective Date of 1980 Amendment note under section 431 of Title 2, The Congress. ------DocID 23984 Document 226 of 1438------ -CITE- 18 USC Sec. 592 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 592. Troops at polls -STATUTE- Whoever, being an officer of the Army or Navy, or other person in the civil, military, or naval service of the United States, orders, brings, keeps, or has under his authority or control any troops or armed men at any place where a general or special election is held, unless such force be necessary to repel armed enemies of the United States, shall be fined not more than $5,000 or imprisoned not more than five years, or both; and be disqualified from holding any office of honor, profit, or trust under the United States. This section shall not prevent any officer or member of the armed forces of the United States from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified according to the laws of the State in which he offers to vote. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 719.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 55 and 59 (Mar. 4, 1909, ch. 321, Sec. 22, 26, 35 Stat. 1092, 1093). This section consolidates sections 55 and 59 of title 18, U.S.C., 1940 ed. Mandatory punishment provision was rephrased in the alternative. In second paragraph, words 'or member of the Armed Forces of the United States' were substituted for 'soldier, sailor, or marine' so as to cover those auxiliaries which are now component parts of the Army and Navy. Changes in phraseology were also made. -CROSS- CROSS REFERENCES Disqualification from holding any office of honor, trust, or profit, additional grounds for, see sections 204, 1901, 2071, 2381, 2385, and 2387 of this title. ------DocID 23985 Document 227 of 1438------ -CITE- 18 USC Sec. 593 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 593. Interference by armed forces -STATUTE- Whoever, being an officer or member of the Armed Forces of the United States, prescribes or fixes or attempts to prescribe or fix, whether by proclamation, order or otherwise, the qualifications of voters at any election in any State; or Whoever, being such officer or member, prevents or attempts to prevent by force, threat, intimidation, advice or otherwise any qualified voter of any State from fully exercising the right of suffrage at any general or special election; or Whoever, being such officer or member, orders or compels or attempts to compel any election officer in any State to receive a vote from a person not legally qualified to vote; or Whoever, being such officer or member, imposes or attempts to impose any regulations for conducting any general or special election in a State, different from those prescribed by law; or Whoever, being such officer or member, interferes in any manner with an election officer's discharge of his duties - Shall be fined not more than $5,000 or imprisoned not more than five years, or both; and disqualified from holding any office of honor, profit or trust under the United States. This section shall not prevent any officer or member of the Armed Forces from exercising the right of suffrage in any district to which he may belong, if otherwise qualified according to the laws of the State of such district. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 719.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 56-59 (Mar. 4, 1909, ch. 321, Sec. 23-26, 35 Stat. 1092, 1093). Four sections were consolidated with only such changes of phraseology as were necessary to effect the consolidation. -CROSS- CROSS REFERENCES Disqualification from holding any office of honor, trust, or profit, additional grounds for, see sections 592, 1901, 2071, 2381, 2385, and 2387 of this title. Interference by Army or Navy officers with freedom of elections, see section 1972 of Title 42, The Public Health and Welfare. ------DocID 23986 Document 228 of 1438------ -CITE- 18 USC Sec. 594 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 594. Intimidation of voters -STATUTE- Whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, at any election held solely or in part for the purpose of electing such candidate, shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 720; Sept. 22, 1970, Pub. L. 91-405, title II, Sec. 204(d)(5), 84 Stat. 853.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 61, 61g (Aug. 2, 1939, 11:50 a.m. E.S.T., ch. 410, Sec. 1, 8, 53 Stat. 1147, 1148). This section consolidates sections 61 and 61g of title 18, U.S.C., 1940 ed., with changes in phraseology only. AMENDMENTS 1970 - Pub. L. 91-405 substituted 'Delegate from the District of Columbia, or Resident Commissioner' for 'Delegates or Commissioners from the Territories and possessions'. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91-405, set out as an Effective Date note under section 25a of Title 2, The Congress. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Minor offenses tried by United States magistrate judges as excluding offenses punishable under this section, see section 3401 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23987 Document 229 of 1438------ -CITE- 18 USC Sec. 595 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 595. Interference by administrative employees of Federal, State, or Territorial Governments -STATUTE- Whoever, being a person employed in any administrative position by the United States, or by any department or agency thereof, or by the District of Columbia or any agency or instrumentality thereof, or by any State, Territory, or Possession of the United States, or any political subdivision, municipality, or agency thereof, or agency of such political subdivision or municipality (including any corporation owned or controlled by any State, Territory, or Possession of the United States or by any such political subdivision, municipality, or agency), in connection with any activity which is financed in whole or in part by loans or grants made by the United States, or any department or agency thereof, uses his official authority for the purpose of interfering with, or affecting, the nomination or the election of any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, shall be fined not more than $1,000 or imprisoned not more than one year, or both. This section shall not prohibit or make unlawful any act by any officer or employee of any educational or research institution, establishment, agency, or system which is supported in whole or in part by any state or political subdivision thereof, or by the District of Columbia or by any Territory or Possession of the United States; or by any recognized religious, philanthropic or cultural organization. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 720; Sept. 22, 1970, Pub. L. 91-405, title II, Sec. 204(d)(6), 84 Stat. 853.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 61a, 61g, 61n, 61s, 61u (Aug. 2, 1939, 11:50 a.m., E.S.T., ch. 410, Sec. 2, 8, 53 Stat. 1147, 1148; July 19, 1940, ch. 640, Sec. 1, 54 Stat. 767; Aug. 2, 1939, ch. 410, Sec. 14, 19, as added July 19, 1940, ch. 640, Sec. 4, 54 Stat. 767; Aug. 2, 1939, ch. 410, Sec. 21, as added Oct. 24, 1942, ch. 620, 56 Stat. 986). This section consolidates sections 61s, 61n, and 61g with 61a, all of title 18, U.S.C., 1940 ed., in first paragraph, and incorporates section 61u as second paragraph. Words 'or agency thereof' and words 'or any department or agency thereof' were inserted to remove any possible ambiguity as to scope of section. (See definitions of department and agency in section 6 of this title.) Words 'or by the District of Columbia or any agency or instrumentality thereof' were inserted upon authority of section 61n of title 18, U.S.C., 1940 ed., which provided that for the purposes of this section, 'persons employed in the government of the District of Columbia shall be deemed to be employed in the executive branch of the Government of the United States.' After 'State' the words 'Territory, or Possession of the United States' were inserted in two places upon authority of section 61s of title 18, U.S.C., 1940 ed., which defined 'State,' as used in this section, as 'any State, Territory, or possession of the United States.' The punishment provision was derived from section 61g of title 18, U.S.C., 1940 ed., which, by reference, made this punishment applicable to this section. The second paragraph was derived from section 61u of title 18, U.S.C., 1940 ed., which made its provisions applicable to this section by reference. Changes were made in phraseology. AMENDMENTS 1970 - Pub. L. 91-405 substituted reference to Delegate from District of Columbia or Resident Commissioner for Delegate or Resident Commissioner from any Territory or Possession. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-405 effective Sept. 22, 1970, see section 206(b) of Pub. L. 91-405, set out as an Effective Date note under section 25a of Title 2, The Congress. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23988 Document 230 of 1438------ -CITE- 18 USC Sec. 596 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 596. Polling armed forces -STATUTE- Whoever, within or without the Armed Forces of the United States, polls any member of such forces, either within or without the United States, either before or after he executes any ballot under any Federal or State law, with reference to his choice of or his vote for any candidate, or states, publishes, or releases any result of any purported poll taken from or among the members of the Armed Forces of the United States or including within it the statement of choice for such candidate or of such votes cast by any member of the Armed Forces of the United States, shall be fined not more than $1,000 or imprisoned for not more than one year, or both. The word 'poll' means any request for information, verbal or written, which by its language or form of expression requires or implies the necessity of an answer, where the request is made with the intent of compiling the result of the answers obtained, either for the personal use of the person making the request, or for the purpose of reporting the same to any other person, persons, political party, unincorporated association or corporation, or for the purpose of publishing the same orally, by radio, or in written or printed form. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 720.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 344 of title 50, U.S.C., 1940 ed., War and National Defense (Sept. 16, 1942, ch. 561, title III, Sec. 314, as added Apr. 1, 1944, ch. 150, 58 Stat. 146). Changes in phraseology were made. ------DocID 23989 Document 231 of 1438------ -CITE- 18 USC Sec. 597 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 597. Expenditures to influence voting -STATUTE- Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate; and Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote - Shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if the violation was willful, shall be fined not more than $10,000 or imprisoned not more than two years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 721.) -MISC1- HISTORICAL AND REVISION NOTES Based on sections 250, 252, of title 2, U.S.C., 1940 ed., The Congress (Feb. 28, 1925, ch. 368, title III, Sec. 311, 314, 43 Stat. 1073, 1074). This section consolidates the provisions of sections 250 and 252 of title 2, U.S.C., 1940 ed., The Congress. Reference to persons causing or procuring was omitted as unnecessary in view of definition of 'principal' in section 2 of this title. The punishment provisions of section 252 of title 2, U.S.C., 1940 ed., The Congress, were incorporated at end of section upon authority of reference in such section making them applicable to this section. Words 'or both' were added to conform to the almost universal formula of the punishment provisions of this title. Changes were made in phraseology. -CROSS- CROSS REFERENCES Minor offenses tried by United States magistrate judges as excluding offenses punishable under this section, see section 3401 of this title. ------DocID 23990 Document 232 of 1438------ -CITE- 18 USC Sec. 598 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 598. Coercion by means of relief appropriations -STATUTE- Whoever uses any part of any appropriation made by Congress for work relief, relief, or for increasing employment by providing loans and grants for public-works projects, or exercises or administers any authority conferred by any Appropriation Act for the purpose of interfering with, restraining, or coercing any individual in the exercise of his right to vote at any election, shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 721.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 61f, 61g (Aug. 2, 1939, 11:50 a.m., E.S.T., ch. 410. Sec. 7, 8, 53 Stat. 1148). This section consolidates sections 61f and 61g of title 18, U.S.C., 1940 ed., with changes of phraseology necessary to effect consolidation. The punishment provision was derived from section 61g of title 18, U.S.C., 1940 ed., which, by reference, was made applicable to this section. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23991 Document 233 of 1438------ -CITE- 18 USC Sec. 599 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 599. Promise of appointment by candidate -STATUTE- Whoever, being a candidate, directly or indirectly promises or pledges the appointment, or the use of his influence or support for the appointment of any person to any public or private position or employment, for the purpose of procuring support in his candidacy shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if the violation was willful, shall be fined not more than $10,000 or imprisoned not more than two years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 721.) -MISC1- HISTORICAL AND REVISION NOTES Based on sections 249, 252, of title 2, U.S.C., 1940 ed., The Congress (Feb. 28, 1925, ch. 368, title III, Sec. 310, 314, 43 Stat. 1073, 1074). This section consolidates the provisions of sections 249 and 252 of title 2, U.S.C., 1940 ed., The Congress, with changes in arrangement and phraseology necessary to effect consolidation. Words 'or both' were added to conform to the almost universal formula of the punishment provisions of this title. -CROSS- CROSS REFERENCES Minor offenses tried by United States magistrate judges as excluding offenses punishable under this section, see section 3401 of this title. ------DocID 23992 Document 234 of 1438------ -CITE- 18 USC Sec. 600 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 600. Promise of employment or other benefit for political activity -STATUTE- Whoever, directly or indirectly, promises any employment, position, compensation, contract, appointment, or other benefit, provided for or made possible in whole or in part by any Act of Congress, or any special consideration in obtaining any such benefit, to any person as consideration, favor, or reward for any political activity or for the support of or opposition to any candidate or any political party in connection with any general or special election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, shall be fined not more than $10,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 721; Feb. 7, 1972, Pub. L. 92-225, title II, Sec. 202, 86 Stat. 9; Oct. 2, 1976, Pub. L. 94-453, Sec. 3, 90 Stat. 1517.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 61b, 61g (Aug. 2, 1939, 11:50 a.m., E.S.T., ch. 410, Sec. 3, 8, 53 Stat. 1147, 1148). This section consolidates sections 61b and 61g of title 18, U.S.C., 1940 ed. Minor changes were made in phraseology. AMENDMENTS 1976 - Pub. L. 94-453 substituted $10,000 for $1,000 maximum allowable fine. 1972 - Pub. L. 92-225 struck out 'work,' after 'position,', inserted 'contract, appointment,' after 'compensation,' and 'or any special consideration in obtaining any such benefit,' after 'Act of Congress,', and substituted 'in connection with any general or special election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office' for 'in any election'. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-225 effective Dec. 31, 1971, or sixty days after date of enactment (Feb. 7, 1972), whichever is later, see section 408 of Pub. L. 92-225, set out as an Effective Date note under section 431 of Title 2, The Congress. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Minor offenses tried by United States magistrate judges as excluding offenses punishable under this section, see section 3401 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23993 Document 235 of 1438------ -CITE- 18 USC Sec. 601 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 601. Deprivation of employment or other benefit for political contribution -STATUTE- (a) Whoever, directly or indirectly, knowingly causes or attempts to cause any person to make a contribution of a thing of value (including services) for the benefit of any candidate or any political party, by means of the denial or deprivation, or the threat of the denial or deprivation, of - (1) any employment, position, or work in or for any agency or other entity of the Government of the United States, a State, or a political subdivision of a State, or any compensation or benefit of such employment, position, or work; or (2) any payment or benefit of a program of the United States, a State, or a political subdivision of a State; if such employment, position, work, compensation, payment, or benefit is provided for or made possible in whole or in part by an Act of Congress, shall be fined not more than $10,000, or imprisoned not more than one year, or both. (b) As used in this section - (1) the term 'candidate' means an individual who seeks nomination for election, or election, to Federal, State, or local office, whether or not such individual is elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, to Federal, State, or local office, if he has (A) taken the action necessary under the law of a State to qualify himself for nomination for election, or election, or (B) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office; (2) the term 'election' means (A) a general, special primary, or runoff election, (B) a convention or caucus of a political party held to nominate a candidate, (C) a primary election held for the selection of delegates to a nominating convention of a political party, (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President, and (E) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or of any State; and (3) the term 'State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 721; Oct. 2, 1976, Pub. L. 94-453, Sec. 1, 90 Stat. 1516.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 61c, 61g (Aug. 2, 1939, 11:50 a.m., E.S.T., ch. 410, Sec. 4, 8, 53 Stat. 1147, 1148). This section consolidates sections 61c and 61g of title 18, U.S.C., 1940 ed. The words 'except as required by law' were used as sufficient to cover the reference to the exception made to the provisions of subsection (b), section 61h of title 18, U.S.C., 1940 ed., which expressly prescribes the circumstances under which a person may be lawfully deprived of his employment and compensation therefor. Changes were made in phraseology. AMENDMENTS 1976 - Pub. L. 94-453 struck out provisions relating to deprivations based upon race, creed, and color which are now set out in section 246 of this title, replaced term 'political activity' with more precise terms and definitions, and raised the amount of maximum fine from $1,000 to $10,000. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. CROSS REFERENCES Minor offenses tried by United States magistrate judges as excluding offenses punishable under this section, see section 3401 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23994 Document 236 of 1438------ -CITE- 18 USC Sec. 602 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 602. Solicitation of political contributions -STATUTE- It shall be unlawful for - (1) a candidate for the Congress; (2) an individual elected to or serving in the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; (3) an officer or employee of the United States or any department or agency thereof; or (4) a person receiving any salary or compensation for services from money derived from the Treasury of the United States to knowingly solicit, any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined not more than $5,000 or imprisoned not more than three years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 722; Jan. 8, 1980, Pub. L. 96-187, title II, Sec. 201(a)(3), 93 Stat. 1367.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 208, 212 (Mar. 4, 1909, ch. 321, Sec. 118, 122, 35 Stat. 1110; Feb. 28, 1925, ch. 368, Sec. 312, 43 Stat. 1073). This section consolidates sections 208 and 212 of title 18, U.S.C., 1940 ed. This section, like section 201 of this title, was expanded to embrace all officers or persons acting on behalf of any independent agencies or Government-owned or controlled corporations by inserting words 'or any department or agency thereof.' (See definitive section 6 of this title.) The punishment provision was taken from section 212 of title 18, U.S.C., 1940 ed., which, by reference, made the punishment applicable to the crime described in this section. Changes were made in phraseology. -REFTEXT- REFERENCES IN TEXT Section 301(8) of the Federal Election Campaign Act of 1971, referred to in par. (4), is classified to section 431(8) of Title 2, The Congress. -MISC2- AMENDMENTS 1980 - Pub. L. 96-187 amended section generally to conform its terms to revision of the Federal Election Campaign Act of 1971 by title I of Pub. L. 96-187. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96-187, set out as a note under section 431 of Title 2, The Congress. DELEGATE FROM DISTRICT OF COLUMBIA Provisions of Federal Corrupt Practices Act applicable with respect to Delegate to House of Representatives from District of Columbia in same manner and to same extent as applicable with respect to a Representative, see section 25b of Title 2, The Congress. -CROSS- CROSS REFERENCES Place of solicitation, see section 607 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 606 of this title; title 5 section 3374. ------DocID 23995 Document 237 of 1438------ -CITE- 18 USC Sec. 603 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 603. Making political contributions -STATUTE- (a) It shall be unlawful for an officer or employee of the United States or any department or agency thereof, or a person receiving any salary or compensation for services from money derived from the Treasury of the United States, to make any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 to any other such officer, employee or person or to any Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, if the person receiving such contribution is the employer or employing authority of the person making the contribution. Any person who violates this section shall be fined not more than $5,000 or imprisoned not more than three years, or both. (b) For purposes of this section, a contribution to an authorized committee as defined in section 302(e)(1) of the Federal Election Campaign Act of 1971 shall be considered a contribution to the individual who has authorized such committee. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 722; Oct. 31, 1951, ch. 655, Sec. 20(b), 65 Stat. 718; Jan. 8, 1980, Pub. L. 96-187, title II, Sec. 201(a)(4), 93 Stat. 1367.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 209, 212 (Mar. 4, 1909, ch. 321, Sec. 119, 122, 35 Stat. 1110). This section consolidates sections 209 and 212 of title 18, U.S.C., 1940 ed., without change of substance. To eliminate ambiguity resulting from use of identical words in reference 'officer or employee of the United States mentioned in section 208 of this title' as those appearing in section 208 of title 18, U.S.C., 1940 ed., now section 602 of this title, words 'person mentioned in section 602 of this title' were inserted. Words 'from any such person' were inserted after 'purpose', so as to make it clear that the section does not embrace State employees in its provisions. Some Federal agencies are located in State buildings occupied by State employees. The punishment provision was derived from section 212 of title 18, U.S.C., 1940 ed. (See reviser's note under section 602 of this title.) Minor changes were made in phraseology. -REFTEXT- REFERENCES IN TEXT Section 301(8) of the Federal Election Campaign Act of 1971, referred to in subsec. (a), is classified to section 431(8) of Title 2, The Congress. Section 302(e)(1) of the Federal Election Campaign Act of 1971, referred to in subsec. (b), is classified to section 432(e)(1) of Title 2. -MISC2- AMENDMENTS 1980 - Pub. L. 96-187 substituted provisions relating to the making of political contributions for provisions relating to the place of solicitation. See section 607 of this title. 1951 - Act Oct. 31, 1951, struck out 'from any such person' after 'purpose'. EFFECTIVE DATE OF 1980 AMENDMENT Amended by Pub. L. 96-187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96-187, set out as a note under section 431 of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 607 of this title; title 5 section 3374. ------DocID 23996 Document 238 of 1438------ -CITE- 18 USC Sec. 604 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 604. Solicitation from persons on relief -STATUTE- Whoever solicits or receives or is in any manner concerned in soliciting or receiving any assessment, subscription, or contribution for any political purpose from any person known by him to be entitled to, or receiving compensation, employment, or other benefit provided for or made possible by any Act of Congress appropriating funds for work relief or relief purposes, shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 722.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 61d, 61g (Aug. 2, 1939, 11:50 a.m., E.S.T., ch. 410, Sec. 5, 8, 53 Stat. 1148). This section consolidates sections 61d and 61g of title 18, U.S.C., 1940 ed. Minor changes were made in phraseology. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23997 Document 239 of 1438------ -CITE- 18 USC Sec. 605 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 605. Disclosure of names of persons on relief -STATUTE- Whoever, for political purposes, furnishes or discloses any list or names of persons receiving compensation, employment or benefits provided for or made possible by any Act of Congress appropriating, or authorizing the appropriation of funds for work relief or relief purposes, to a political candidate, committee, campaign manager, or to any person for delivery to a political candidate, committee, or campaign manager; and Whoever receives any such list or names for political purposes - Shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 722.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 61e, 61g (Aug. 2, 1939, 11:50 a.m., E.S.T., ch. 410, Sec. 6, 8, 53 Stat. 1148). This section consolidates sections 61e and 61g of title 18, U.S.C., 1940 ed. Reference to persons aiding or assisting, contained in words 'or to aid or assist in furnishing or disclosing' was omitted as unnecessary as such persons are made principals by section 2 of this title. Changes were made in phraseology. -CROSS- CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. ------DocID 23998 Document 240 of 1438------ -CITE- 18 USC Sec. 606 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 606. Intimidation to secure political contributions -STATUTE- Whoever, being one of the officers or employees of the United States mentioned in section 602 of this title, discharges, or promotes, or degrades, or in any manner changes the official rank or compensation of any other officer or employee, or promises or threatens so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose, shall be fined not more than $5,000 or imprisoned not more than three years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 722.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 210, 212 (Mar. 4, 1909, ch. 321, Sec. 120, 122, 35 Stat. 1110). This section consolidates sections 210 and 212 of title 18, U.S.C., 1940 ed. Changes were made in phraseology. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 3374. ------DocID 23999 Document 241 of 1438------ -CITE- 18 USC Sec. 607 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 607. Place of solicitation -STATUTE- (a) It shall be unlawful for any person to solicit or receive any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 in any room or building occupied in the discharge of official duties by any person mentioned in section 603, or in any navy yard, fort, or arsenal. Any person who violates this section shall be fined not more than $5,000 or imprisoned not more than three years, or both. (b) The prohibition in subsection (a) shall not apply to the receipt of contributions by persons on the staff of a Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, provided, that such contributions have not been solicited in any manner which directs the contributor to mail or deliver a contribution to any room, building, or other facility referred to in subsection (a), and provided that such contributions are transferred within seven days of receipt to a political committee within the meaning of section 302(e) of the Federal Election Campaign Act of 1971. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 722; Jan. 8, 1980, Pub. L. 96-187, title II, Sec. 201(a)(5), 93 Stat. 1367.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 211, 212 (Mar. 4, 1909, ch. 321, Sec. 121, 122, 35 Stat. 1110). This section consolidates sections 211 and 212 of title 18, U.S.C., 1940 ed. This section was expanded to embrace all officers or persons acting on behalf of any independent agencies or Government-owned or controlled corporations by inserting words 'or any department or agency thereof.' (See definitive section 6, and reviser's note under section 201 of this title.) Changes were made in phraseology. -REFTEXT- REFERENCES IN TEXT Section 301(8) of the Federal Election Campaign Act of 1971, referred to in subsec. (a), is classified to section 431(8) of Title 2, The Congress. Section 302(e) of the Federal Election Campaign Act of 1971, referred to in subsec. (b), is classified to section 432(e) of Title 2. -MISC2- AMENDMENTS 1980 - Pub. L. 96-187 substituted provisions relating to the place of solicitation for provisions relating to the making of political contributions. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96-187, set out as a note under section 431 of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 3374. ------DocID 24000 Document 242 of 1438------ -CITE- 18 USC Sec. 608 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 608. Absent uniformed services voters and overseas voters -STATUTE- (a) Whoever knowingly deprives or attempts to deprive any person of a right under the Uniformed and Overseas Citizens Absentee Voting Act shall be fined in accordance with this title or imprisoned not more than five years, or both. (b) Whoever knowingly gives false information for the purpose of establishing the eligibility of any person to register or vote under the Uniformed and Overseas Citizens Absentee Voting Act, or pays or offers to pay, or accepts payment for registering or voting under such Act shall be fined in accordance with this title or imprisoned not more than five years, or both. -SOURCE- (Added Pub. L. 99-410, title II, Sec. 202(a), Aug. 28, 1986, 100 Stat. 929.) -REFTEXT- REFERENCES IN TEXT The Uniformed and Overseas Citizens Absentee Voting Act, referred to in text, is Pub. L. 99-410, Aug. 28, 1986, 100 Stat. 924, which is classified principally to subchapter I-G (Sec. 1973ff et seq.) of chapter 20 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1973ff of Title 42 and Tables. -MISC2- PRIOR PROVISIONS A prior section 608, acts June 25, 1948, ch. 645, 62 Stat. 723; Feb. 7, 1972, Pub. L. 92-225, title II, Sec. 203, 86 Stat. 9; Oct. 15, 1974, Pub. L. 93-443, title I, Sec. 101(a), (b), 88 Stat. 1263, 1266, which set limitations on campaign contributions and expenditures, was repealed by Pub. L. 94-283, title II, Sec. 201(a), May 11, 1976, 90 Stat. 496. See section 441a of Title 2, The Congress. EFFECTIVE DATE Section applicable with respect to elections taking place after Dec. 31, 1987, see section 204 of Pub. L. 99-410, set out as a note under section 1973ff of Title 42, The Public Health and Welfare. ------DocID 24001 Document 243 of 1438------ -CITE- 18 USC Sec. 609 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- Sec. 609. Use of military authority to influence vote of member of Armed Forces -STATUTE- Whoever, being a commissioned, noncommissioned, warrant, or petty officer of an Armed Force, uses military authority to influence the vote of a member of the Armed Forces or to require a member of the Armed Forces to march to a polling place, or attempts to do so, shall be fined in accordance with this title or imprisoned not more than five years, or both. Nothing in this section shall prohibit free discussion of political issues or candidates for public office. -SOURCE- (Added Pub. L. 99-410, title II, Sec. 202(a), Aug. 28, 1986, 100 Stat. 929.) -MISC1- PRIOR PROVISIONS A prior section 609, act June 25, 1948, ch. 645, 62 Stat. 723, which prescribed maximum contributions and expenditures limitation of $3,000,000 for any calendar year, was repealed by Pub. L. 92-225, title II, Sec. 204, Feb. 7, 1972, 86 Stat. 10, effective sixty days after Feb. 7, 1972. EFFECTIVE DATE Section applicable with respect to elections taking place after Dec. 31, 1987, see section 204 of Pub. L. 99-410, set out as a note under section 1973ff of Title 42, The Public Health and Welfare. ------DocID 24002 Document 244 of 1438------ -CITE- 18 USC Sec. 610 to 617 -EXPCITE- TITLE 18 PART I CHAPTER 29 -HEAD- (Sec. 610 to 617. Repealed. Pub. L. 94-283, title II, Sec. 201(a), May 11, 1976, 90 Stat. 496) -MISC1- Section 610, acts June 25, 1948, ch. 645, 62 Stat. 723; May 24, 1949, ch. 139, Sec. 10, 63 Stat. 90; Oct. 31, 1951, ch. 655, Sec. 20(c), 65 Stat. 718; Feb. 7, 1972, Pub. L. 92-225, title II, Sec. 205, 86 Stat. 10; Oct. 15, 1974, Pub. L. 93-443, title I, Sec. 101(e)(1), 88 Stat. 1267, prohibited campaign contributions or expenditures by national banks, corporations, and labor organizations. See section 441b of Title 2, The Congress. Section 611, acts June 25, 1948, ch. 645, 62 Stat. 724; Feb. 7, 1972, Pub. L. 92-225, title II, Sec. 206, 86 Stat. 10; Oct. 15, 1974, Pub. L. 93-443, title I, Sec. 101(e)(2), 103, 88 Stat. 1267, 1272, prohibited campaign contributions by government contractors. See section 441c of Title 2, The Congress. Section 612, acts June 25, 1948, ch. 645, 62 Stat. 724; Aug. 25, 1950, ch. 784, Sec. 2, 64 Stat. 475; Aug. 12, 1970, Pub. L. 91-375, Sec. 6(j)(7), 84 Stat. 777, regulated publication and distribution of political statements. See section 441d of Title 2, The Congress. Section 613, added Pub. L. 89-486, Sec. 8(a), July 4, 1966, 80 Stat. 248, and amended Pub. L. 93-443, title I, Sec. 101(d)(1)-(3), (4)(A), (e)(3), Oct. 15, 1974, 88 Stat. 1267, prohibited campaign contributions by foreign nationals. See section 441e of Title 2, The Congress. Section 614, added Pub. L. 93-443, title I, Sec. 101(f)(1), Oct. 15, 1974, 88 Stat. 1268, prohibited making of campaign contributions in the name of another. See section 441f of Title 2, The Congress. Section 615, added Pub. L. 93-443, title I, Sec. 101(f)(1), Oct. 15, 1974, 88 Stat. 1268, placed limitations on contributions of currency. See section 441g of Title 2, The Congress. Section 616, added Pub. L. 93-443, title I, Sec. 101(f)(1), Oct. 15, 1974, 88 Stat. 1268, prohibited acceptance of excessive honorariums. See section 441i of Title 2, The Congress. Section 617, added Pub. L. 93-443, title I, Sec. 101(f)(1), Oct. 15, 1974, 88 Stat. 1268, prohibited fraudulent misrepresentation of campaign authority. See section 441h of Title 2, The Congress. SAVINGS PROVISION Repeal by Pub. L. 94-283 not to release or extinguish any penalty, forfeiture, or liability incurred under such sections, with each section to be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of any penalty, forfeiture, or liability, see section 114 of Pub. L. 94-283, set out as a note under section 441 of Title 2, The Congress. ------DocID 24003 Document 245 of 1438------ -CITE- 18 USC CHAPTER 31 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- CHAPTER 31 - EMBEZZLEMENT AND THEFT -MISC1- Sec. 641. Public money, property or records. 642. Tools and materials for counterfeiting purposes. 643. Accounting generally for public money. 644. Banker receiving unauthorized deposit of public money. 645. Court officers generally. 646. Court officers depositing registry moneys. 647. Receiving loan from court officer. 648. Custodians, generally, misusing public funds. 649. Custodians failing to deposit moneys; persons affected. 650. Depositaries failing to safeguard deposits. 651. Disbursing officer falsely certifying full payment. 652. Disbursing officer paying lesser in lieu of lawful amount. 653. Disbursing officer misusing public funds. 654. Officer or employee of United States converting property of another. 655. Theft by bank examiner. 656. Theft, embezzlement or misapplication by bank officer or employee. 657. Lending, credit and insurance institutions. 658. Property mortgaged or pledged to farm credit agencies. 659. Interstate or foreign shipments by carrier; State prosecutions. 660. Carrier's funds derived from commerce; State prosecutions. 661. Within special maritime and territorial jurisdiction. 662. Receiving stolen property, within special maritime and territorial jurisdiction. 663. Solicitation or use of gifts. 664. Theft or embezzlement from employee benefit plan. 665. Theft or embezzlement from employment and training funds; improper inducement; obstruction of investigations. 666. Theft or bribery concerning programs receiving Federal funds. 667. Theft of livestock. AMENDMENTS 1984 - Pub. L. 98-473, title II, Sec. 1104(b), 1112, Oct. 12, 1984, 98 Stat. 2144, 2149, added items 666 and 667. 1978 - Pub. L. 95-524, Sec. 3(b), Oct. 27, 1978, 92 Stat. 2018, substituted 'employment and training funds' for 'manpower funds' and inserted '; obstruction of investigations' after 'improper inducement' in item 665. 1973 - Pub. L. 93-203, title VII, Sec. 711(b), formerly title VI, Sec. 611(b), Dec. 28, 1973, 87 Stat. 882, renumbered Pub. L. 93-567, title I, Sec. 101, Dec. 31, 1974, 88 Stat. 1845, added item 665. 1966 - Pub. L. 89-654, Sec. 1(e), Oct. 14, 1966, 80 Stat. 904, substituted 'shipments by carrier' for 'baggage, express or freight' in item 659. 1962 - Pub. L. 87-420, Sec. 17(b), Mar. 20, 1962, 76 Stat. 42, added item 664. SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION Application of general penal statutes relating to larceny, embezzlement, or conversion of public moneys or property of the United States, to moneys and property of Saint Lawrence Seaway Development Corporation, see section 990 of Title 33, Navigation and Navigable Waters. -CROSS- FEDERAL RULES OF CRIMINAL PROCEDURE Search and seizure, issuance of warrant to search for and seize property stolen or embezzled in violation of the laws of United States, see rule 41, Appendix to this title. CROSS REFERENCES Bankruptcy - Certain debts as not affected by a discharge, see section 727 of Title 11, Bankruptcy. Trustee, receiver or officer, embezzlement of property belonging to estate of bankrupt, see section 153 of this title. Coins, embezzlement of metals, see section 332 of this title. Commodity Credit Corporation, embezzlement or stealing money, etc., see section 714m of Title 15, Commerce and Trade. Consular officers as guilty of embezzlement, see sections 4199, 4217 of Title 22, Foreign Relations and Intercourse. Evidence - Account as evidence of embezzlement, see section 3497 of this title. Refusal to make and file accountings or reports concerning money or property of World War veterans as evidence of embezzlement, see section 3501 of Title 38, Veterans' Benefits. Refusal to pay as evidence of embezzlement, see section 3487 of this title. Extradition of fugitives from country under control of United States, see section 3185 of this title. Foreign banking corporations, embezzlement of moneys etc. by officers, employees and receivers, see section 630 of Title 12, Banks and Banking. Indians - Jurisdiction of offenses committed in Indian country, see section 3242 of this title. Larceny in Indian country, see section 1153 of this title. Investment companies, embezzlement or stealing moneys, see section 80a-36 of Title 15, Commerce and Trade. Merchant seamen, punishment for embezzlement of ship's stores or cargo, see section 11501 of Title 46, Shipping. Officers of United States, civil, military, or naval, embezzlement of public or private money or property as misdemeanor, see section 210 of Title 50, War and National Defense. Postal Service - Letters or other correspondence, embezzlement of, see section 1702 of this title. Letters or other correspondence, embezzlement or stealing by postmaster or Postal Service employee, see section 1709 of this title. Letters or other correspondence, embezzlement or stealing, or receipt of embezzled or stolen mail matter, see section 1708 of this title. Mail keys or locks, embezzlement or stealing of, see section 1704 of this title. Misappropriation of postal funds as embezzlement, see section 1711 of this title. Newspapers, stealing by postmaster or Postal Service employee, see section 1710 of this title. Post office, breaking into with intent to commit larceny, see section 2115 of this title. Postal savings, embezzlement laws as applicable, see section 1691 of this title. Property used by Postal Service, embezzlement or stealing of, see section 1707 of this title. Robbery and burglary, see section 2111 et seq. of this title. Stolen property, see section 2311 et seq. of this title. Tennessee Valley Authority, application of penal statutes relating to larceny or embezzlement of public moneys or property of United States, see section 831t of Title 16, Conservation. Vessel's owner, limitation of liability for embezzlement of merchandise, see section 183 et seq. of Title 46, Appendix, Shipping. ------DocID 24004 Document 246 of 1438------ -CITE- 18 USC Sec. 641 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- Sec. 641. Public money, property or records -STATUTE- Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted - Shall be fined not more than $10,000 or imprisoned not more than ten years, or both; but if the value of such property does not exceed the sum of $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. The word 'value' means face, par, or market value, or cost price, either wholesale or retail, whichever is greater. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 725.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 82, 87, 100, 101 (Mar. 4, 1909, ch. 321, Sec. 35, 36, 47, 48, 35 Stat. 1095, 1096-1098; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197; Nov. 22, 1943, ch. 302, 57 Stat. 591.) Section consolidates sections 82, 87, 100, and 101 of title 18, U.S.C., 1940 ed. Changes necessary to effect the consolidation were made. Words 'or shall willfully injure or commit any depredation against' were taken from said section 82 so as to confine it to embezzlement or theft. The quoted language, rephrased in the present tense, appears in section 1361 of this title. Words 'in a jail' which followed 'imprisonment' and preceded 'for not more than one year' in said section 82, were omitted. (See reviser's note under section 1 of this title.) Language relating to receiving stolen property is from said section 101. Words 'or aid in concealing' were omitted as unnecessary in view of definitive section 2 of this title. Procedural language at end of said section 101 'and such person may be tried either before or after the conviction of the principal offender' was transferred to and rephrased in section 3435 of this title. Words 'or any corporation in which the United States of America is a stockholder' in said section 82 were omitted as unnecessary in view of definition of 'agency' in section 6 of this title. The provisions for fine of not more than $1,000 or imprisonment of not more than 1 year for an offense involving $100 or less and for fine of not more than $10,000 or imprisonment of not more than 10 years, or both, for an offense involving a greater amount were written into this section as more in conformity with the later congressional policy expressed in sections 82 and 87 of title 18, U.S.C., 1940 ed., than the nongraduated penalties of sections 100 and 101 of said title 18. Since the purchasing power of the dollar is less than it was when $50 was the figure which determined whether larceny was petit larceny or grand larceny, the sum $100 was substituted as more consistent with modern values. The meaning of 'value' in the last paragraph of the revised section is written to conform with that provided in section 2311 of this title by inserting the words 'face, par, or'. This section incorporates the recommendation of Paul W. Hyatt, president, board of commissioners of the Idaho State Bar Association, that sections 82 and 100 of title 18, U.S.C., 1940 ed., be combined and simplified. Also, with respect to section 101 of title 18, U.S.C., 1940 ed., this section meets the suggestion of P. F. Herrick, United States attorney for Puerto Rico, that the punishment provision of said section be amended to make the offense a misdemeanor where the amount involved is $50 or less. Changes were made in phraseology. SHORT TITLE OF 1984 AMENDMENT Pub. L. 98-473, title II, chapter XI, part I (Sec. 1110-1115), Sec. 1110, Oct. 12, 1984, 98 Stat. 2148, provided that: 'This Part (enacting section 667 of this title and amending sections 2316 and 2317 of this title) may be cited as the 'Livestock Fraud Protection Act'.' -CROSS- CROSS REFERENCES Concealment, removal or destruction of records, see section 2071 of this title. Court records or process, theft of, see section 1506 of this title. Mail matter or postal service equipment, embezzlement or theft, see section 1702 et seq. of this title. Misappropriation of postal funds, see section 1711 of this title. Receiver triable before or after principal, see section 3435 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1956 of this title; title 22 section 3622; title 40 section 491. ------DocID 24005 Document 247 of 1438------ -CITE- 18 USC Sec. 642 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- Sec. 642. Tools and materials for counterfeiting purposes -STATUTE- Whoever, without authority from the United States, secretes within, or embezzles, or takes and carries away from any building, room, office, apartment, vault, safe, or other place where the same is kept, used, employed, placed, lodged, or deposited by authority of the United States, any tool, implement, or thing used or fitted to be used in stamping or printing, or in making some other tool or implement used or fitted to be used in stamping or printing any kind or description of bond, bill, note, certificate, coupon, postage stamp, revenue stamp, fractional currency note, or other paper, instrument, obligation, device, or document, authorized by law to be printed, stamped, sealed, prepared, issued, uttered, or put in circulation on behalf of the United States; or Whoever, without such authority, so secretes, embezzles, or takes and carries away any paper, parchment, or other material prepared and intended to be used in the making of any such papers, instruments, obligations, devices, or documents; or Whoever, without such authority, so secretes, embezzles, or takes and carries away any paper, parchment, or other material printed or stamped, in whole or part, and intended to be prepared, issued, or put in circulation on behalf of the United States as one of such papers, instruments, or obligations, or printed or stamped, in whole or part, in the similitude of any such paper, instrument, or obligation, whether intended to issue or put the same in circulation or not - Shall be fined not more than $5,000 or imprisoned not more than ten years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 725.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 269 (Mar. 4, 1909, ch. 321, Sec. 155, 35 Stat. 1117). Words 'bed piece, bed-plate, roll, plate, die, seal, type, or other' were omitted as covered by 'tool, implement, or thing.' Minor changes in phraseology were made. -CROSS- CROSS REFERENCES Forfeiture of counterfeit paraphernalia, see section 492 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 492 of this title. ------DocID 24006 Document 248 of 1438------ -CITE- 18 USC Sec. 643 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- Sec. 643. Accounting generally for public money -STATUTE- Whoever, being an officer, employee or agent of the United States or of any department or agency thereof, having received public money which he is not authorized to retain as salary, pay, or emolument, fails to render his accounts for the same as provided by law is guilty of embezzlement, and shall be fined in a sum equal to the amount of the money embezzled or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 726.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 176 (Mar. 4, 1909, ch. 321, Sec. 90, 35 Stat. 1105). Word 'employee' was inserted to avoid ambiguity as to scope of section. Words 'or of any department or agency thereof' were added after the words 'United States'. (See definitions of the terms 'department' and 'agency' in section 6 of this title.) Mandatory punishment provisions phrased in alternative. The smaller punishment for an offense involving $100 or less was added. (See reviser's notes under sections 641 and 645 of this title.) -CROSS- CROSS REFERENCES Persons to whom section applicable, see section 649 of this title. Refusal to pay as evidence of embezzlement, see section 3487 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 649 of this title; title 5 section 3374. ------DocID 24007 Document 249 of 1438------ -CITE- 18 USC Sec. 644 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- Sec. 644. Banker receiving unauthorized deposit of public money -STATUTE- Whoever, not being an authorized depositary of public moneys, knowingly receives from any disbursing officer, or collector of internal revenue, or other agent of the United States, any public money on deposit, or by way of loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States, or uses, transfers, converts, appropriates, or applies any portion of the public money for any purpose not prescribed by law is guilty of embezzlement and shall be fined not more than the amount so embezzled or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 726.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 182 (Mar. 4, 1909, ch. 321, Sec. 96, 35 Stat. 1106). The smaller punishment for an offense involving $100 or less was added. (See reviser's notes under sections 641 and 645 of this title.) Changes were made in phraseology. -CROSS- CROSS REFERENCES Depositaries of public moneys and financial agents of Government, see section 90 of Title 12, Banks and Banking. ------DocID 24008 Document 250 of 1438------ -CITE- 18 USC Sec. 645 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- Sec. 645. Court officers generally -STATUTE- Whoever, being a United States marshal, clerk, receiver, referee, trustee, or other officer of a United States court, or any deputy, assistant, or employee of any such officer, retains or converts to his own use or to the use of another or after demand by the party entitled thereto, unlawfully retains any money coming into his hands by virtue of his official relation, position or employment, is guilty of embezzlement and shall, where the offense is not otherwise punishable by enactment of Congress, be fined not more than double the value of the money so embezzled or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. It shall not be a defense that the accused person had any interest in such moneys or fund. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 726.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 186 (May 29, 1920, ch. 212, 41 Stat. 630). The smaller punishment for an offense involving $100 or less was inserted to conform to section 641 of this title which represents a later expression of congressional intent. Minor changes were made in phraseology. -CROSS- CROSS REFERENCES Embezzlement by bankruptcy court officer, see section 153 of this title. Refusal to pay as evidence of embezzlement, see section 3487 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 3622. ------DocID 24009 Document 251 of 1438------ -CITE- 18 USC Sec. 646 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- Sec. 646. Court officers depositing registry moneys -STATUTE- Whoever, being a clerk or other officer of a court of the United States, fails to deposit promptly any money belonging in the registry of the court, or paid into court or received by the officers thereof, with the Treasurer or a designated depositary of the United States, in the name and to the credit of such court, or retains or converts to his own use or to the use of another any such money, is guilty of embezzlement and shall be fined not more than the amount embezzled, or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. This section shall not prevent the delivery of any such money upon security, according to agreement of parties, under the direction of the court. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 726.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 185 (Mar. 4, 1909, ch. 321, Sec. 99, 35 Stat. 1106; May 29, 1920, ch. 214, Sec. 1, 41 Stat. 654). The smaller punishment for an offense involving $100 or less was inserted for the reasons outlined in reviser's notes to sections 641 and 645 of this title. Minor changes were made in phraseology. -TRANS- TRANSFER OF FUNCTIONS Functions of all officers of Department of the Treasury, and functions of all agencies and employees of such Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. The Treasurer of the United States, referred to in this section, is an officer of Department of the Treasury. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Deposit in court, see rule 67, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Depositaries of public moneys and financial agents of Government, see section 90 of Title 12, Banks and Banking. Moneys paid into court, deposit and withdrawal, see sections 2041, 2042 of Title 28, Judiciary and Judicial Procedure. ------DocID 24010 Document 252 of 1438------ -CITE- 18 USC Sec. 647 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- Sec. 647. Receiving loan from court officer -STATUTE- Whoever knowingly receives, from a clerk or other officer of a court of the United States, as a deposit, loan, or otherwise, any money belonging in the registry of such court, is guilty of embezzlement, and shall be fined not more than the amount embezzled or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 727.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 187 (Mar. 4, 1909, ch. 321, Sec. 100, 35 Stat. 1107). The punishment provision of section 185 of title 18, U.S.C., 1940 ed., now section 646 of this title, was substituted for the words 'punished as prescribed in section 185 of this title' and the smaller punishment for an offense involving $100 or less was inserted. (See reviser's notes under sections 641 and 645 of this title.) ------DocID 24011 Document 253 of 1438------ -CITE- 18 USC Sec. 648 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- Sec. 648. Custodians, generally, misusing public funds -STATUTE- Whoever, being an officer or other person charged by any Act of Congress with the safe-keeping of the public moneys, loans, uses, or converts to his own use, or deposits in any bank, including any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or exchanges for other funds, except as specially allowed by law, any portion of the public moneys intrusted to him for safe-keeping, is guilty of embezzlement of the money so loaned, used, converted, deposited, or exchanged, and shall be fined in a sum equal to the amount of money so embezzled or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 727; Nov. 29, 1990, Pub. L. 101-647, title XXV, Sec. 2597(d), 104 Stat. 4909.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 175 (Mar. 4, 1909, ch. 321, Sec. 89, 35 Stat. 1105). Mandatory punishment provision was rephrased in the alternative. The smaller punishment for an offense involving $100 or less was inserted. (See reviser's notes under sections 641 and 645 of this title.) Minor changes in phraseology were made. -REFTEXT- REFERENCES IN TEXT Section 1(b) of the International Banking Act of 1978, referred to in text, is classified to section 3101 of Title 12, Banks and Banking. -MISC2- AMENDMENTS 1990 - Pub. L. 101-647 inserted ', including any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978),' after 'or deposits in any bank'. -CROSS- CROSS REFERENCES Persons to whom section applicable, see section 649 of this title. Refusal to pay as evidence of embezzlement, see section 3487 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 649 of this title; title 19 section 2081; title 26 section 7608. ------DocID 24012 Document 254 of 1438------ -CITE- 18 USC Sec. 649 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- Sec. 649. Custodians failing to deposit moneys; persons affected -STATUTE- (a) Whoever, having money of the United States in his possession or under his control, fails to deposit it with the Treasurer or some public depositary of the United States, when required so to do by the Secretary of the Treasury or the head of any other proper department or agency or by the General Accounting Office, is guilty of embezzlement, and shall be fined in a sum equal to the amount of money embezzled or imprisoned not more than ten years, or both; but if the amount embezzled is $100 or less, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. (b) This section and sections 643, 648, 650 and 653 of this title shall apply to all persons charged with the safe-keeping, transfer, or disbursement of the public money, whether such persons be charged as receivers or depositaries of the same. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 727.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 177, 178 (Mar. 4, 1909, ch. 321, Sec. 91, 92, 35 Stat. 1105; May 29, 1920, ch. 214, Sec. 1, 41 Stat. 654; June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24). Sections were consolidated. Words 'or agency' were inserted after 'department'. See definition of 'agency' in section 6 of this title. Mandatory punishment provisions made in alternative. The smaller punishment for an offense involving $100 or less was inserted. (See reviser's notes under sections 641, 645 of this title.) Minor changes were made in phraseology. -TRANS- TRANSFER OF FUNCTIONS Functions of all officers of Department of the Treasury, and functions of all agencies and employees of such Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. The Treasurer of the United States, referred to in this section, is an officer of Department of the Treasury. -CROSS- CROSS REFERENCES Audit and settlement of accounts, see section 3521 et seq. of Title 31, Money and Finance. ------DocID 24013 Document 255 of 1438------ -CITE- 18 USC Sec. 650 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- Sec. 650. Depositaries failing to safeguard deposits -STATUTE- If the Treasurer of the United States or any public depositary fails to keep safely all moneys deposited by any disbursing officer or disbursing agent, as well as all moneys deposited by any receiver, collector, or other person having money of the United States, he is guilty of embezzlement, and shall be fined in a sum equal to the amount of money so embezzled or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 727.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 174, (Mar. 4, 1909, ch. 321, Sec. 88, 35 Stat. 1105; May 29, 1920, ch. 214, Sec. 1, 41 Stat. 654.) Mandatory punishment provisions stated in alternative. The smaller punishment for offenses involving $100 or less was added. (See reviser's note under sections 641, 645 of this title.) Minor changes were made in phraseology. -TRANS- TRANSFER OF FUNCTIONS Functions of all officers of Department of the Treasury, and functions of all agencies and employees of such Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. The Treasurer of the United States, referred to in this section, is an officer of Department of the Treasury. -CROSS- CROSS REFERENCES Persons to whom section applicable, see section 649 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 649 of this title. ------DocID 24014 Document 256 of 1438------ -CITE- 18 USC Sec. 651 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- Sec. 651. Disbursing officer falsely certifying full payment -STATUTE- Whoever, being an officer charged with the disbursement of the public moneys, accepts, receives, or transmits to the General Accounting Office to be allowed in his favor any receipt or voucher from a creditor of the United States without having paid the full amount specified therein to such creditor in such funds as the officer received for disbursement, or in such funds as he may be authorized by law to take in exchange, shall be fined in double the amount so withheld or imprisoned not more than two years, or both; but if the amount withheld does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 727.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 181 (Mar. 4, 1909, ch. 321, Sec. 95, 35 Stat. 1106; June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24). The penalty provided by section 652 of this title, a similar section, was incorporated in this section. (For explanation of the smaller penalty for an offense involving $100 or less, see reviser's notes under sections 641 and 645 of this title.) Minor changes were made in phraseology. ------DocID 24015 Document 257 of 1438------ -CITE- 18 USC Sec. 652 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- Sec. 652. Disbursing officer paying lesser in lieu of lawful amount -STATUTE- Whoever, being an officer, clerk, agent, employee, or other person charged with the payment of any appropriation made by Congress, pays to any clerk or other employee of the United States, or of any department or agency thereof, a sum less than that provided by law, and requires such employee to receipt or give a voucher for an amount greater than that actually paid to and received by him, is guilty of embezzlement, and shall be fined in double the amount so withheld or imprisoned not more than two years, or both; but if the amount embezzled is $100 or less, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 727.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 172 (Mar. 4, 1909, ch. 321, Sec. 86, 35 Stat. 1105). Words 'or of any department or agency thereof,' were inserted after 'United States' so as to eliminate any possible ambiguity as to scope of section. (See definitive section 6 of this title.) Mandatory punishment provision made in alternative. The smaller punishment for an offense involving $100 or less was added. (See reviser's note under sections 641, 645 of this title.) Minor changes were made in phraseology. ------DocID 24016 Document 258 of 1438------ -CITE- 18 USC Sec. 653 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- Sec. 653. Disbursing officer misusing public funds -STATUTE- Whoever, being a disbursing officer of the United States, or any department or agency thereof, or a person acting as such, in any manner converts to his own use, or loans with or without interest, or deposits in any place or in any manner, except as authorized by law, any public money intrusted to him; or, for any purpose not prescribed by law, withdraws from the Treasury or any authorized depositary, or transfers, or applies, any portion of the public money intrusted to him, is guilty of embezzlement of the money so converted, loaned, deposited, withdrawn, transferred, or applied, and shall be fined not more than the amount embezzled or imprisoned not more than ten years, or both; but if the amount embezzled is $100 or less, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 728.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 173 (Mar. 4, 1909, ch. 321, Sec. 87, 35 Stat. 1105; May 29, 1920, ch. 214, Sec. 1, 41 Stat. 654). Words 'or any department or agency thereof,' were inserted after 'United States' so as to eliminate any possible ambiguity as to scope of section. (See definitive section 6 of this title.) The smaller punishment for an offense involving $100 or less was added. (See reviser's note under sections 641, 645 of this title.) Minor changes were made in phraseology. -CROSS- CROSS REFERENCES Persons to whom section applicable, see section 649 of this title. Property and fiscal officers, see section 708 of Title 32, National Guard. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 649 of this title. ------DocID 24017 Document 259 of 1438------ -CITE- 18 USC Sec. 654 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- Sec. 654. Officer or employee of United States converting property of another -STATUTE- Whoever, being an officer or employee of the United States or of any department or agency thereof, embezzles or wrongfully converts to his own use the money or property of another which comes into his possession or under his control in the execution of such office or employment, or under color or claim of authority as such officer or employee, shall be fined not more than the value of the money and property thus embezzled or converted, or imprisoned not more than ten years, or both; but if the sum embezzled is $100 or less, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 728.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 183 (Mar. 4, 1909, ch. 321, Sec. 97, 35 Stat. 1106). The phrase 'Whoever being an officer or agent of the United States or of any department or agency thereof,' was substituted for the words 'Any officer connected with, or employed in the Internal Revenue Service of the United States * * * And any officer of the United States, or any assistant of such officer,' in order to clarify scope of section. (See definitive section 6 and reviser's note thereunder.) The embezzlement of Government money or property is adequately covered by section 641 of this title. The smaller punishment for an offense involving $100 or less was added. (See reviser's notes under sections 641 and 645 of this title.) Minor changes were made in phraseology. -CROSS- CROSS REFERENCES Postmaster or employee embezzling mail matter, see section 1709 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 3374. ------DocID 24018 Document 260 of 1438------ -CITE- 18 USC Sec. 655 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- Sec. 655. Theft by bank examiner -STATUTE- Whoever, being a bank examiner or assistant examiner, steals, or unlawfully takes, or unlawfully conceals any money, note, draft, bond, or security or any other property of value in the possession of any bank or banking institution which is a member of the Federal Reserve System, which is insured by the Federal Deposit Insurance Corporation, which is a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or which is an organization operating under section 25 or section 25(a) of the Federal Reserve Act, or from any safe deposit box in or adjacent to the premises of such bank, branch, agency, or organization, shall be fined not more than $5,000 or imprisoned not more than five years, or both; but if the amount taken or concealed does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both; and shall be disqualified from holding office as a national bank examiner or Federal Deposit Insurance Corporation examiner. This section shall apply to all public examiners and assistant examiners who examine member banks of the Federal Reserve System, banks the deposits of which are insured by the Federal Deposit Insurance Corporation, branches or agencies of foreign banks (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or organizations operating under section 25 or section 25(a) of the Federal Reserve Act, whether appointed by the Comptroller of the Currency, by the Board of Governors of the Federal Reserve System, by a Federal Reserve Agent, by a Federal Reserve bank, or by the Federal Deposit Insurance Corporation, or appointed or elected under the laws of any State; but shall not apply to private examiners or assistant examiners employed only by a clearing-house association or by the directors of a bank. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 728; Nov. 29, 1990, Pub. L. 101-647, title XXV, Sec. 2597(e), 104 Stat. 4909.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 593 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, Sec. 22, 38 Stat. 272; Sept. 26, 1918, ch. 177, Sec. 5, 40 Stat. 970; Feb. 25, 1927, ch. 191, Sec. 15, 44 Stat. 1232; Aug. 23, 1935, ch. 614, Sec. 326(a), 49 Stat. 715). Other provisions of section 593 of title 12, U.S.C. 1940 ed., Banks and Banking, are incorporated in sections 217 and 218 of this title. The words 'and shall upon conviction thereof' were omitted as unnecessary, since punishment cannot be imposed until a conviction is secured. The phrase 'bank or banking institution which is a member of the Federal Reserve System or which is insured by the Federal Deposit Insurance Corporation' was substituted for 'member bank or insured bank' to avoid the use of a definitive section based on sections 221a, 264(e)(8), and 588a of title 12, U.S.C., 1940 ed., Banks and Banking. Words 'banks the deposits of which are insured by the Federal Deposit Insurance Corporation' were substituted for 'insured banks' in second paragraph, for the same reason. Punishment provision harmonized with that of section 656 of this title. (See also, reviser's notes under sections 641 and 645 of this title.) Changes in phraseology were also made. -REFTEXT- REFERENCES IN TEXT Section 1(b) of the International Banking Act of 1978, referred to in text, is classified to section 3101 of Title 12, Banks and Banking. Section 25 of the Federal Reserve Act, referred to in text, is classified to subchapter I (Sec. 601 et seq.) of chapter 6 of Title 12. Section 25(a) of the Federal Reserve Act is classified to subchapter II (Sec. 611 et seq.) of chapter 6 of Title 12. -MISC2- AMENDMENTS 1990 - Pub. L. 101-647, in first undesignated par., substituted 'System, which is insured' for 'System or which is insured', inserted 'which is a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or which is an organization operating under section 25 or section 25(a) of the Federal Reserve Act,' after 'Federal Deposit Insurance Corporation,' and 'branch, agency, or organization,' after 'premises of such bank,' and in second undesignated par. substituted 'System, banks the deposits of which' for 'System or banks the deposits of which', and inserted 'branches or agencies of foreign banks (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or organizations operating under section 25 or section 25(a) of the Federal Reserve Act,' after 'Federal Deposit Insurance Corporation,'. -CROSS- CROSS REFERENCES Civil liability of officers or directors of member banks of the Federal Reserve System, for violating or permitting violation of this section, see section 503 of Title 12, Banks and Banking. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 section 503. ------DocID 24019 Document 261 of 1438------ -CITE- 18 USC Sec. 656 -EXPCITE- TITLE 18 PART I CHAPTER 31 -HEAD- Sec. 656. Theft, embezzlement, or misapplication by bank officer or employee -STATUTE- Whoever, being an officer, director, agent or employee of, or connected in any capacity with any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) of the Federal Reserve Act,, (FOOTNOTE 1) or a receiver of a national bank, insured bank, branch, agency, or organization or any agent or employee of the receiver, or a Federal Reserve Agent, or an agent or employee of a Federal Reserve Agent or of the Board of Governors of the Federal Reserve System, embezzles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such bank, branch, agency, or organization or holding company or any moneys, funds, assets or securities intrusted to the custody or care of such bank, branch, agency, or organization, or holding company or to the custody or care of any such agent, officer, director, employee or receiver, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both; but if the amount embezzled, abstracted, purloined or misapplied does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. (FOOTNOTE 1) So in original. As used in this section, the term 'national bank' is synonymous with 'national banking association'; 'member bank' means and includes any national bank, state bank, or bank and trust company which has become a member of one of the Federal Reserve banks; 'insured bank' includes any bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation; and the term 'branch or agency of a foreign bank' means a branch or agency described in section 20(9) of this title. For purposes of this section, the term 'depository institution holding company' has the meaning given such term in section 3 of the Federal Deposit Insurance Act. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 729; Aug. 9, 1989, Pub. L. 101-73, title IX, Sec. 961(b), 103 Stat. 499; Nov. 29, 1990, Pub. L. 101-647, title XXV, Sec. 2504(b), 2595(a)(1), 2597(f), 104 Stat. 4861, 4906, 4909.) -MISC1- HISTORICAL AND REVISION NOTES Based on sections 592, 597 of title 12, U.S.C., 1940 ed., Banks and Banking (R.S. 5209; Dec. 23, 1913, ch. 6, Sec. 22(i), as added June 19, 1934, ch. 653, Sec. 3, 48 Stat. 1107; Sept. 26, 1918, ch. 177, Sec. 7, 40 Stat. 972; Aug. 23, 1935, ch. 614, Sec. 316, 49 Stat. 712). Section 592 of title 12, U.S.C., 1940 ed., Banks and Banking, was separated into three sections the first of which, embracing provisions relating to embezzlement, abstracting, purloining, or willfully misapplying moneys, funds, or credits, constitutes part of the basis for this section. Of the other two sections, one section, 334 of this title, relates only to the issuance and circulation of Federal Reserve notes and the other, section 1005 of this title, to false entries or the wrongful issue of bank obligations. The original section, containing more than 500 words, was verbose, diffuse, redundant, and complicated. The enumeration of banks affected is repeated eight times. The revised section without changing in any way the meaning or substance of existing law, clarifies, condenses, and combines related provisions largely rewritten in matters of style. The words 'national bank' were substituted for 'national banking association,' the terms being synonymous by definition of section 221 of title 12, U.S.C., 1940 ed., Banks and Banking, written into the last paragraph of this section. This change made possible the use of the term 'such bank' in substitution for the words 'such Federal Reserve bank, member bank, or such national banking association, or insured bank,' in each of seven instances. The special and separate provisions of the original section relating to embezzlement by national bank receivers or Federal Reserve agents are readily combined in the revised section by including these officers in the initial enumeration of persons at whom the act is directed and by inserting the word 'purloins' after 'embezzles, abstracts,' and the phrase 'or any moneys, funds, assets, or securities intrusted to the custody or care,' following the words 'of such bank'. The last paragraph of the revised section includes the definitions of sections 221 and 264(c) of title 12, U.S.C., 1940 ed., Banks and Banking, made applicable by express provision of the original section. These were written in, with only such changes of phraseology as were necessary, in order to make the revised section complete and self-contained. For meaning of 'bank,' as used in bank robbery statute, see section 2113 of this title. Section 597 of title 12, U.S.C., 1940 ed., Banks and Banking, likewise was separated into two parts, one of which was combined with the embezzlement provisions of said section 592 to form this section. The other part was combined with the related provisions of said section 592 to form section 1005 of this title. It will be noted that section 597 of title 12, U.S.C., 1940 ed., Banks and Banking, was limited to 'Whoever, being connected in any capacity with a Federal Reserve bank'; that it enumerated 'note, debenture, bond, or other obligation, or draft, mortgage, judgment, or decree'; and that it stipulated punishment by fine of not more than $10,000 or imprisonment of not more than 5 years, or both. In combining these provisions, the words 'or connected in any capacity' were written into the new section after the words 'employee of,' thus making them applicable not only to Federal Reserve banks but to the other banks as well. The phrase of section 592 of title 12, U.S.C., 1940 ed., Banks and Banking, 'or who, without such authority, issues or puts forth any certificate of deposit, draws any order or bill of exchange, makes any acceptance, assigns any note, bond, draft, bill of exchange, mortgage, judgment, or decree,' was modified to include the enumeration of like obligations in section 597 of title 12, U.S.C., 1940 ed., Banks and Banking, and to read as follows: 'whoever without such authority makes, draws, issues, puts forth, or assigns any certificate of deposit, draft, order, bill of exchange, acceptance, note, debenture, bond, or other obligation or mortgage, judgment, or decree'. (See section 1005 of this title.) As thus changed the new section is clear, simple, and unambiguous. The very slight changes of substance that have been noted, were unavoidable if the two sections were to be combined. Without combination any constructive revision of these duplicitous and redundant provisions was impossible. It is believed that the revised sections adequately and correctly represent the intent of Congress as the same can be gathered from the overlapping and confusing enactments. At any rate, the severest criticism of the revised sections is that a person connected with a Federal Reserve bank who violates these sections can at most be punished by a fine of $5,000 or imprisonment of 5 years, or both, whereas under section 597 of title 12, U.S.C., 1940 ed., Banks and Banking, he might have been fined $10,000 or imprisoned 5 years, or both. Obviously an embezzler will rarely be financially able to pay even a $5,000 fine even where such fine is imposed. Certainly if it is an adequate fine for a national bank president it is not too disproportionate for a person 'connected in any capacity with a Federal Reserve bank'. The smaller punishment for an offense involving $100 or less was added. (See reviser's notes under section