§ 666. — Theft or bribery concerning programs receiving Federal funds.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC666]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 31--EMBEZZLEMENT AND THEFT
Sec. 666. Theft or bribery concerning programs receiving Federal
funds
(a) Whoever, if the circumstance described in subsection (b) of this
section exists--
(1) being an agent of an organization, or of a State, local, or
Indian tribal government, or any agency thereof--
(A) embezzles, steals, obtains by fraud, or otherwise
without authority knowingly converts to the use of any person
other than the rightful owner or intentionally misapplies,
property that--
(i) is valued at $5,000 or more, and
(ii) is owned by, or is under the care, custody, or
control of such organization, government, or agency; or
(B) corruptly solicits or demands for the benefit of any
person, or accepts or agrees to accept, anything of value from
any person, intending to be influenced or rewarded in connection
with any business, transaction, or series of transactions of
such organization, government, or agency involving any thing of
value of $5,000 or more; or
(2) corruptly gives, offers, or agrees to give anything of value
to any person, with intent to influence or reward an agent of an
organization or of a State, local or Indian tribal government, or
any agency thereof, in connection with any business, transaction, or
series of transactions of such organization, government, or agency
involving anything of value of $5,000 or more;
shall be fined under this title, imprisoned not more than 10 years, or
both.
(b) The circumstance referred to in subsection (a) of this section
is that the organization, government, or agency receives, in any one
year period, benefits in excess of $10,000 under a Federal program
involving a grant, contract, subsidy, loan, guarantee, insurance, or
other form of Federal assistance.
(c) This section does not apply to bona fide salary, wages, fees, or
other compensation paid, or expenses paid or reimbursed, in the usual
course of business.
(d) As used in this section--
(1) the term ``agent'' means a person authorized to act on
behalf of another person or a government and, in the case of an
organization or government, includes a servant or employee, and a
partner, director, officer, manager, and representative;
(2) the term ``government agency'' means a subdivision of the
executive, legislative, judicial, or other branch of government,
including a department, independent establishment, commission,
administration, authority, board, and bureau, and a corporation or
other legal entity established, and subject to control, by a
government or governments for the execution of a governmental or
intergovernmental program;
(3) the term ``local'' means of or pertaining to a political
subdivision within a State;
(4) the term ``State'' includes a State of the United States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States; and
(5) the term ``in any one-year period'' means a continuous
period that commences no earlier than twelve months before the
commission of the offense or that ends no later than twelve months
after the commission of the offense. Such period may include time
both before and after the commission of the offense.
(Added Pub. L. 98-473, title II, Sec. 1104(a), Oct. 12, 1984, 98 Stat.
2143; amended Pub. L. 99-646, Sec. 59(a), Nov. 10, 1986, 100 Stat. 3612;
Pub. L. 101-647, title XII, Secs. 1205(d), 1209, Nov. 29, 1990, 104
Stat. 4831, 4832; Pub. L. 103-322, title XXXIII, Sec. 330003(c), Sept.
13, 1994, 108 Stat. 2140.)
Amendments
1994--Subsec. (d)(3) to (5). Pub. L. 103-322 struck out ``and'' at
end of par. (3), substituted ``; and'' for the period at end of par.
(4), and redesignated second par. (4) defining ``in any one-year
period'' as (5).
1990--Subsec. (d)(4). Pub. L. 101-647, Sec. 1209, added par. (4)
defining ``in any one-year period''.
Pub. L. 101-647, Sec. 1205(d), added par. (4) defining ``State''.
1986--Pub. L. 99-646, in amending section generally, made specific
reference to applicability of section to agent of Indian tribal
government or agency thereof, inserted provision that section does not
apply to bona fide salary, wages, fees, or other compensation paid, or
expenses paid or reimbursed, in usual course of business, struck out
definition of term ``organization'', and otherwise revised structure of
section.
Section Referred to in Other Sections
This section is referred to in sections 24, 981, 982, 1516, 1956 of
this title.
