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Crimes and Criminal Procedure - 18 USC Section 202
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01/19/04
Sec. 202. Definitions
(a) For the purpose of sections 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 29(c) and (d)
(!1) of the Act of August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r(c)
and (d)), a Reserve 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
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 sections 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 sections 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 General Accounting Office, the
Government Printing 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.
AMENDMENTS
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, Sec. 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 sections 203, 205, 207, 208, and 209 of
this title, mean those individuals defined in sections 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, Sec. 5(a)(2), substituted "means"
for "shall include".
Subsec. (e)(1). Pub. L. 101-280, Sec. 5(a)(3)(1), substituted
"includes each" for "means any".
Subsec. (e)(3)(A). Pub. L. 101-280, Sec. 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, Sec. 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".
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment 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 AMENDMENT
Amendment 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.
Last modified: April 12, 2006
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