An Act to strengthen the criminal laws relating to bribery, graft, and conflicts of interest, and for other purposes
PL 87-849 (H.R.8140), enacted 10/23/1962

76 STAT.] 
PUBLIC LAW 87-849-OCT. 23, 1962 
1119 
Public Law 87-849 
AN A C T 
To strengthen the criminal laws relating to bribery, 
interest, and for other purposes. 
^raft, and conflicts of 
October 23, 1962 
[H. R. 8140] 
of interest. 
18 u s e 201 
et seq. 
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 ^"'^ conflicts 
214 is amended to read as follows: 
"CHAPTER 11—BRIBERY, GRAFT, AND CONFLICTS OF 
INTEREST 
"Sec. 
"201. Bribery of public oflBcials and witnesses. 
"202. Definitions. 
"203. Compensation of Members of Congress, officers and others, in matters 
affecting the Government. 
"204. Practice in Court of Claims by Members of Congress. 
"205. Activities of officers and employees in claims against and other matters 
affecting the Government. 
"206. Exemption of retired officers of the uniformed services. 
"207. Disqualification of former officers and employees in matters connected with 
former duties or official responsibilities; disqualification of partners. 
"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 gratuity to bank examiner. 
"213. Acceptance of loan or gratuity 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 chapter; 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-
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 
Definitions. 
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 matters 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, 
E
rovided that the Government official responsible for appointment to 
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 
F. R 
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 
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.] 
P U B U C 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 
"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 
1126 
PUBLIC LAW 87-850-OCT. 23, 1962 
[76 STAT. 
Repeal. 
Exemptions. 
Repeal. 
Effective date. 
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." 
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 
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. 
SEC. 3. Section 190 of the Revised Statutes (5 U.S.C. 99) is repealed. 
SEC. 4. This Act shall take effect ninety days after the date of its 
enactment. 
Approved October 23, 1962. 
October 23, 1962 
[H. R. 6190] 
Public Law 87-850 
AN ACT 
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. 
Veterans. 
Prosthetic ap-
pliances, re-
placement. 
38 use 601-618. 
Ante, p. 308. 
Restriction. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of Ainerica in Congress assemhled^ That (a) subchapter 
I I of chapter 17 of title 38, United States Code, is amended by adding 
at the end thereof the following new section: 
"§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." 
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.