§ 202. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC202]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
Sec. 202. Definitions
(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 judge, or, regardless of the number of days of
appointment, an independent counsel appointed under chapter 40 of title
28 and any person appointed by that independent counsel under section
594(c) of title 28. Notwithstanding the next preceding sentence, every
person serving as a part-time local representative of a Member of
Congress in the Member's home district or State shall be classified as a
special Government employee. Notwithstanding section 29(c) and (d) \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.
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\1\ See References in Text note below.
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(b) For the purposes of sections 205 and 207 of this title, the term
``official responsibility'' means the direct administrative or operating
authority, whether intermediate or final, and either exercisable alone
or with others, and either personally or through subordinates, to
approve, disapprove, or otherwise direct Government action.
(c) Except as otherwise provided in such sections, the terms
``officer'' and ``employee'' in sections 203, 205, 207 through 209, and
218 of this title shall not include the President, the Vice President, a
Member of Congress, or a Federal judge.
(d) The term ``Member of Congress'' in sections 204 and 207 means--
(1) a United States Senator; and
(2) a Representative in, or a Delegate or Resident Commissioner
to, the House of Representatives.
(e) As used in this chapter, the term--
(1) ``executive branch'' includes each executive agency as
defined in title 5, and any other entity or administrative unit in
the executive branch;
(2) ``judicial branch'' means the Supreme Court of the United
States; the United States courts of appeals; the United States
district courts; the Court of International Trade; the United States
bankruptcy courts; any court created pursuant to article I of the
United States Constitution, including the Court of Appeals for the
Armed Forces, the United States Court of Federal Claims, and the
United States Tax Court, but not including a court of a territory or
possession of the United States; the Federal Judicial Center; and
any other agency, office, or entity in the judicial branch; and
(3) ``legislative branch'' means--
(A) the Congress; and
(B) the Office of the Architect of the Capitol, the United
States Botanic Garden, the 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.
(Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1121; 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; Pub. L. 101-650, title III,
Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102-572, title IX,
Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-337, div. A,
title IX, Sec. 924(d)(1)(B), Oct. 5, 1994, 108 Stat. 2832.)
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.
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
1994--Subsec. (e)(2). Pub. L. 103-337 substituted ``Court of Appeals
for the Armed Forces'' for ``Court of Military Appeals''.
1992--Subsec. (e)(2). Pub. L. 102-572 substituted ``United States
Court of Federal Claims'' for ``United States Claims Court''.
1990--Subsec. (c). Pub. L. 101-280, 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 of Name
``United States magistrate judge'' substituted for ``United States
magistrate'' in subsec. (a) pursuant to section 321 of Pub. L. 101-650,
set out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
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 [now United
States magistrate judges] and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578, see section 403 of Pub. L.
90-578, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure.
Effective Date
Section effective 90 days after Oct. 23, 1962, see section 4 of Pub.
L. 87-849, set out as a note under section 201 of this title.
Section Referred to in Other Sections
This section is referred to in title 5 section 568; title 6 section
451; title 7 sections 2009aa-1, 2009bb-1, 2009dd-3; title 12 section
2245; title 15 sections 3710d, 4805; title 22 sections 3507, 3508; title
26 sections 1043, 4946; title 28 sections 594, 995; title 35 section 5;
title 40 section 14309.
