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H.R. 8140 (87th): An Act to strengthen the criminal laws relating to bribery, graft, and conflicts of interest, and for other purposes

The text of the bill below is as of Oct 23, 1962 (Passed Congress).


76 STAT.]           PUBLIC LAW 87-849-OCT. 23, 1962                                                     1119

Public Law 87-849
                                     AN A C T                                               October 23, 1962
T o strengthen t h e criminal laws relating to bribery, ^raft, a n d conflicts of             [H. R. 8140]
                         interest, and for other purposes.

  Be it enacted hy the /Senate and House of Representatives of the
United /States of America, in Congress assembled^ That (a) so much Bribery, graft,
of chapter 11 of title 18 of the United States Code as precedes section ^"'
                                                                        of ^interest.
                                                                              conflicts
214 is amended to read as follows:                                         18 u s e 201
                                                                                            et seq.
"CHAPTER 11—BRIBERY, GRAFT, A N D CONFLICTS OF
                  INTEREST
"Sec.
"201. Bribery of public oflBcials and witnesses.
"202. Definitions.
"203. Compensation of Members of Congress, officers and others, in m a t t e r s
        affecting the Government.
"204. Practice in Court of Claims by Members of Congress.
"205. Activities of officers and employees in claims against and other m a t t e r s
        affecting t h e Government.
"206. Exemption of retired officers of the uniformed services.
"207. Disqualification of former officers and employees in m a t t e r s connected with
        former duties or official responsibilities; disqualification of p a r t n e r s .
"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 g r a t u i t y to bank examiner.
"213. Acceptance of loan or g r a t u i t y 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. Receipt or charge of commissions or gifts for farm loan, land bank, or
        small business transactions.
"217. Acceptance of consideration for adjustment of farm indebtedness.
"218. Voiding transactions in violation of c h a p t e r ; recovery by the United States.
"§ 201. Bribery of public officials and witnesses
   '•(a) For the purpose of this section:                              •
          " 'public official' means Member of Congress, or Resident Com-                     Definitions.
       missioner, 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, or a juror; and
          " '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 he will be so nominated
       or appointed; and
          " 'official act' means any decision or action on any question, mat-
       ter, cause, suit, proceeding or controversy, which may at any time
       be pending, or which may by law be brought before any public
       official, in his official capacity, or in his place of trust or profit.
   " ( b ) Whoever, 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—
          "(1) to influence any official act; or
          "(2) 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

1120 PUBLIC LAW 87-849-OCT. 23, 1962 [76 STAT. "(3) 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 his lawful duty, or "(c) Whoever, being a public official or person selected to be a public official, directly or indirectly, corruptly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself or for any other person or entity, in return for: "(1) being influenced in his performance of any official act; or "(2) 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 "(3) being induced to do or omit to do any act in violation of his official duty; or " ( d ) Whoever, directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or oft'ers 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; or "(e) Whoever, directly or indirectly, corruptly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself or for any other person or entity in return for being influenced in his testimony under oath or affirmation as a wit- ness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom— "Shall be fined not more than $20,000 or three times the monetary equivalent of the thing of value, whichever is greater, 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. "(f) Whoever, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly gives, oft'ers, 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 " ( g ) Whoever, 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 asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself for or because of any official act performed or to be performed by him; or " (h) Whoever, directly or indirectly, gives, offers, or promises any- thing 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 Ignited States to hear evidence or take testimony, or for or because of his absence therefrom; or " ( i ) Whoever, directly or indirectly, asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself for or because of the testimony under oath or affirmation given or to be given by him as a witness upon any such trial, hearing, or other proceeding, or for or because of his absence therefrom— "Shall be fined not more than $10,000 or imprisoned for not more than two years, or both.
76 STAT.] PUBLIC LAW 87-849-OCT. 23, 1962 1121 "(j) Subsections ( d ) , (e), ( h ) , and (i) 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, involving a technical or professional opinion, a reasonable fee for time spent in the preparation of such opinion, and in appearing and testifying. " ( k ) The offenses and penalties prescribed in this section are sepa- rate from and in addition to those prescribed in sections 1503, 1504, and 1505 of this title. 62 stat. 769. "§202. Definitions " ( a ) For the purpose of sections 203, 205, 20T, 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 L^nited 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, or a part-time United States Commissioner. 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 Gov- ernment employee. Notwithstanding section 29 (c) and (d) of the Act of August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r (c) and ( d ) ) , a Keserve 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. "(b) For the purposes of sections 205 and 207 of this title, the term 'official responsibility' means the direct administrative or oper- ating 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. "§ 203. Compensation to Members of Congress, officers, and others in m a t t e r s affecting the Government " ( a ) Whoever, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly receives or agrees to receive, or asks, demands, solicits, or seeks, any compensation for any services rendered or to be rendered either by himself or another— " (1) at a time when he is a Member of Congress, Member of Congress Elect, Resident Commissioner, or Resident Commis- sioner Elect; or "(2) at a time when he is an officer or employee of the United States in the executive, legislative, or judicial branch of the Gov- ernment, or in any agency of the United States, including the Dis- trict of Columbia, 78135 0-63—74
1122 PUBLIC LAW 87-849-OCT. 23, 1962 [76 STAT. 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- martial, officer, or any civil, military, or naval commission, or "(b) Whoever, knowingly, otherwise than as provided by law for the proper discharge of official duties, directly or indirectly gives, promises, or offers any compensation for any such 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, Commissioner, officer, or employee— "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. "(c) A special Government employee shall be subject to subsection (a) only in relation to a particular matter involving a specific party or parties (1) in which he has at any time participated personally and substantially as a Government employee or as a special Govern- ment employee through decision, approval, disapproval, recommenda- tion, 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: Provided^ That clause (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. "§ 204. Practice in Court of Claims by Members of Congress "Whoever, being a Member of Congress, Member of Congress Elect, Resident Commissioner, or Resident Commissioner Elect, practices in the Court of Claims, 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. **§ 205. Activities of officers and employees in claims against and other matters affecting the Government "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, including the District of Columbia, otherwise 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 attornev for anyone before any depart- ment, agency, court, court-martial, officer, or any civil, military, or naval commission in connection with any proceeding, appli- cation, 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— "Shall be fined not more than $10,000 or imprisoned for not more than two years, or both. "A special Government employee shall be subject to the preceding paragraphs only in relation to a particular matter involving a specific party or parties (1) in which he has at any time participated per- sonally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recom- mendation, 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: Provided^ That clause (2) shall not apply in the
76 STAT.] PUBLIC LAW 87-849-OCT. 23, 1962 1123 case of a special Government employee who has served in such depart- ment or agency no more than sixty days during the immediately pre- ceding period of three hundred and sixty-five consecutive days. "Nothing herein prevents an officer or employee, if not inconsistent with the faithful performance of his duties, from acting without com- pensation as agent or attorney for any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings. "Nothing herein or in section 203 prevents an officer or employee, including a special Government employee, from acting, with or with- out compensation, as agent or attorney for 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 in those matters in which he has participated personally and substantially as a Government employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or which are the subject of his official responsibility, rovided that the Government official responsible for appointment to E is position approves, "Nothing herein or in section 203 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 provided that the head of the depart- ment or agency concerned with the grant or contract shall certify in writing that the national interest so requires. "Such certification shall be published in the Federal Register. Publication in "Nothing herein prevents an officer or employee from givmg testi- F* «• mony under oath or from making statements required to be made under penalty for perjury or contempt. **§ 206. Exemption of retired officers of the uniformed services "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. ^§207. Disqualification of former officers and employees in matters connected with former duties or official respon- sibilities; disqualification of partners " ( a ) Whoever, having been an officer or employee of the executive branch of the United States Govei-nment, of any independent agency of the United States, or of the District of Columbia, including a special Government employee, after his employment has ceased, know- ingly acts as agent or attorney for anyone other than the United States in connection with any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, contro- versy, charge, accusation, arrest, or other particular matter involving a specific party or parties in which the United States is a party or has a direct and substantial interest and in which he participated per- sonally 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, having been so employed, within one year after his employment has ceased, appears personally before any court or depart- ment or agency of the Government as agent, or attorney for, anyone other than the United States in connection with any proceeding, appli- cation, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter involving a specific party or parties in which the United States is a party or directly and substantially interested, and which was under
1124 PUBLIC LAW 87-849-OCT. 23, 1%2 [76 STAT. his official responsibility as an officer or employee of the Govern- ment at any time within a period of one year prior to the termination of such responsibility— "Shall be fined not more than $10,000 or imprisoned for not more than two years, or both: Provided^ That nothing in subsection (a) or (b) prevents a former officer or employee, including a former special Government employee, with outstanding scientific or tech- nological qualifications from acting as attorney or agent or appearing personally in connection with a particular matter in a scientific or technological field if the head of the department or agency concerned with the matter shall make a certification in writing, published in the Publication in Federal Register, that the national interest would be served by such F. R action or appearance by the former officer or employee. "(c) Whoever, being a partner of an officer or employee of the executive branch of the United States Government, of any independ- ent agency of the United States, or of the District of Columbia, includ- ing a special Government employee, acts as agent or attorney for any- one other than the United States, in connection with any judicial or other proceeding, application, request for a ruling or other determina- tion, 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 and in which such officer or employee of the Government or special Government employee participates or has par- ticipated personally and substantially as a Government employee through decision, approval, disapproval, recommendation, the render- ing of advice, investigation or otherwise, or which is the subject of his official responsibility— "Shall be fined not more than $5,000, or imprisoned not more than one year, or both. "A partner of a present or former officer or employee of the execu- tive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia or of a present or former special Government employee shall as such be sub- ject to the provisions of sections 203, 205, and 207 of this title only as expressly provided in subsection (c) of this section. "§ 208. Acts affecting a personal financial interest " ( a ) Except as permitted by subsection (b) hereof, whoever, being 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, participates personally and substantially as a Government officer or employee, through decison, approval, disapproval, i-ecommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, application, request for a ruling or other deter- mination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which, to his knowledge, he, his spouse, minor child, partner, organization in which he is serving as officer, director, trustee, 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 fined not more than $10,000, or imprisoned not more than two years, or both. "(b) Subsection (a) hereof shall not apply (1) if the officer or employee first advises the Government official responsible for appoint- ment to his position of the nature and circumstances of the judicial or other proceeding, application, request for a ruling or other deter- mination, 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
76 STAT.] PUBUC LAW 87-849-OCT. 23, 1962 1125 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 Publication in exempted from the requirements of clause (1) hereof as being too F. R. remote or too inconsequential to affect the integrity of Government officers' or employees' services. "§ 209. Salary of Government officials and employees payable only by United States " (a) Whoever receives any salary, or any contribution to or supple- mentation 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, corpo- ration, 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 sub- section— "Shall be fined not more than $5,000 or imprisoned not more than one year, or both. "(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 con- tinuing 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 Exception. or to an officer or employee of the Government serving without com- pensation, 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 con- tributions, awards, or other expenses under the terms of the Govern- ment Employees Training Act (Public Law 85-507, 72 Stat. 327; 5 U.S.C. 2301-2319, July 7, 1958)." (b) Sections 214 and 215 of chapter 11 of title 18 of the United States Code are respectively redesignated sections 210 and 211; (c) Sections 216 and 223 of chapter 11 of title 18 of the United Repeal. States Code are repealed; (d) Sections 217,218, 219, 220, 221, and 222 of chapter 11 of title 18 of the United States Code are respectively redesignated sections 212, 213, 214, 215, 216, and 217; (e) Chapter 11 of title 18 of the United States Code is further is use 201 amended by adding at the end thereof the following new section: ^' *®^' "§ 218. Voiding transactions in violation of chapter; recovery by the United States " I n 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
1126 PUBLIC LAW 87-850-OCT. 23, 1962 [76 STAT. has been a final conviction for any violation of this chapter, and the United States shall be entitled to recover iii 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." Repeal. SEC. 2. Sections 281 and 283 (except as they may apply to retired officers of the armed forces of the United States), 282 and 284 of chapter 15 of title 18, section 484 of chapter 23 of title 18, and section 1914 of chapter 93 of title 18 of the United States Code are repealed and will, respectively, be supplanted by sections 203, 205, 204, 207, 208, and 209 of title 18 of the United States Code as set forth in section Exemptions. 1 of this Act. 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 shall, on and after that date, be deemed to be exemp- tions 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. Repeal. SEC. 3. Section 190 of the Revised Statutes (5 U.S.C. 99) is repealed. Effective date. SEC. 4. This Act shall take effect ninety days after the date of its enactment. Approved October 23, 1962. Public Law 87-850 October 23, 1962 AN ACT [H. R. 6190] To amend title 38 of the United States Code to provide for the repair or replace- ment for veterans of certain prosthetic or other appliances damaged or destroyed as a result of certain accidents. Be it enacted hy the Senate and House of Representatives of the Veterans. United States of Ainerica in Congress assemhled^ That (a) subchapter Prosthetic ap- I I of chapter 17 of title 38, United States Code, is amended by adding pliances, re- placement. at the end thereof the following new section: 38 u s e 601-618. Ante, p. 308. "§619. Repair or replacement of certain prosthetic and other appliances "The Administrator may repair or replace any artificial limb, truss, brace, hearing aid, spectacles, or similar appliance (not including dental appliances) reasonably necessary to a veteran and belonging to him which w^as damaged or destroyed by a fall or other accident caused by a service-connected disability for which such veteran is in receipt of, or but for the receipt of retirement pay would be entitled to, disability compensation." (b) The analysis of chapter 17 of title 38, United States Code, is amended by inserting immediately below "618. Therapeutic and rehabilitative activities." the following: "619. Repair or replacement of certain prosthetic and other appliances." Restriction. SEC. 2. The amendment made by this Act shall apply only with respect to the repair or replacement of artificial limbs, trusses, braces, hearing aids, spectacles, and similar devices damaged or destroyed after the date of enactment of this Act. Approved October 23, 1962.