§ 218. — Voiding transactions in violation of chapter; recovery by the United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC218]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
Sec. 218. Voiding transactions in violation of chapter; recovery
by the United States
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.
(Added Pub. L. 87-849, Sec. 1(e), Oct. 23, 1962, 76 Stat. 1125.)
Prior Provisions
A prior section 218 of this title was renumbered 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.
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.
Section Referred to in Other Sections
This section is referred to in section 202 of this title.
