§202 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Defines who counts as a "special Government employee" and explains other key words used in certain government ethics rules. A "special Government employee" is a federal officer or worker in the executive or legislative branches, an independent agency, or the District of Columbia who is hired to do temporary work for no more than 130 days in any 365-day period, whether paid or unpaid, full-time or occasional. It also covers part-time U.S. commissioners and part-time U.S. magistrate judges, independent counsels and their appointees no matter how long they serve, and anyone who works part-time for a Member of Congress in the Member’s home district or State. Reserve, Space Force (when not on sustained duty), and National Guard officers on active duty only for training are treated as special Government employees; if they volunteer for more than 130 days of active duty they are treated as regular officers of the United States, but if called up involuntarily they remain special Government employees. Enlisted members of the Armed Forces are not included. "Official responsibility" means having direct authority to approve, disapprove, or direct government actions. The words "officer" and "employee" do not include the President, the Vice President, a Member of Congress, or a federal judge unless the rules say otherwise. "Member of Congress" means a U.S. Senator or a Representative, Delegate, or Resident Commissioner. "Executive branch" means executive agencies and other executive units. "Judicial branch" names the Supreme Court, U.S. courts of appeals, district courts, some special federal courts (like the Court of International Trade, bankruptcy courts, certain Article I courts), the Federal Judicial Center, and related judicial offices. "Legislative branch" means Congress and Congress-related offices and agencies such as the Architect of the Capitol, the Library of Congress, the Government Accountability Office, the Congressional Budget Office, and similar entities.

Title 18, §202

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)For the purpose of section 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 502, 2105(d), and 5534 of title 5, a Reserve officer of the Armed Forces, an officer of the Space Force not serving on sustained duty pursuant to section 20105 of title 10, 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. Such an officer 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. Such an officer who is serving involuntarily shall be classified as a special Government employee. The terms “officer or employee” and “special Government employee” as used in section 203, 205, 207 through 209, and 218, shall not include enlisted members of the Armed Forces.

(b)For the purposes of section 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 section 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 section 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 Government Accountability Office, the Government Publishing 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.

Notes & Related Subsidiaries

Editorial Notes

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

2024—Subsec. (a). Pub. L. 118–159, § 568(c), substituted “section 502, 2105(d), and 5534 of title 5” for “section 29(c) and (d) of the Act of August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r(c) and (d))”. Pub. L. 118–159, § 568(a), inserted “an officer of the Space Force not serving on sustained duty pursuant to section 20105 of title 10,” after “of the Armed Forces,” in third sentence and substituted “Such an officer who is” for “A Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is” in fourth and fifth sentences. 2004—Subsec. (e)(3)(B). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”. 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, § 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 section 203, 205, 207, 208, and 209 of this title, mean those individuals defined in section 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, § 5(a)(2), substituted “means” for “shall include”. Subsec. (e)(1). Pub. L. 101–280, § 5(a)(3)(1), substituted “includes each” for “means any”. Subsec. (e)(3)(A). Pub. L. 101–280, § 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, § 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”.

Statutory Notes and Related Subsidiaries

Change of Name

“United States magistrate judge” substituted for “United States magistrate” in subsec. (a) on authority of section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. “Government Publishing Office” substituted for “Government Printing Office” in subsec. (e)(3)(B) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.

Effective Date

of 1992 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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.

§202 Definitions

Summary

Title 18, §202

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata