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218, provided that such remedy shall take into consideration the fair value of any tangible benefits received and retained by the agency.
Applicability of section to Canal Zone, see section 14 of this title.
8 218. 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 has been a final conviction for any violation of this chapter, and the United States shall be entitled to recover in 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. (Added Pub. L. 87-849, § 1(e), Oct. 23, 1962, 76 Stat. 1125.)
CROSS REFERENCES Definitions, see section 202 of this title.
Memorandum of Attorney General regarding conflict of interestprovisions, see note under section 201 of this title.
Secret Service, detection and arrest of persons violating this section, see section 3056 of this title.
TION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 202, 212 of this title.
PRIOR PROVISIONS A prior section 218 of this title was redesignated section 213.
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.
Ex. ORD. No. 12448. EXERCISE OF AUTHORITY Ex. Ord. No. 12448, Nov. 4, 1983, 48 F.R. 51281, provided:
By the authority vested in me as President by the Constitution and statutes of the United States of America, including section 218 of title 18 of the United States Code, and in order to provide federal agencies with the authority to promulgate regulations for voiding or rescinding contracts or other benefits obtained through bribery, graft or conflict of interest, it is hereby ordered as follows:
SECTION 1. The head of each Executive department, Military department and Executive agency is hereby delegated the authority vested in the President to declare void and rescind the transactions set forth in section 218 of title 18 of the United States Code in relation to which there has been a final conviction for any violation of chapter 11 of title 18.
SEC. 2. The head of each Executive department and agency described in section 1 may exercise the authority hereby delegated by promulgating implementing regulations; provided that the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration jointly shall issue government-wide implementing regulations related to voiding or rescission of contracts.
SEC. 3. Implementing regulations adopted pursuant to this Order shall, at a minimum, provide the following procedural protections:
(a) Written notice of the proposed action shall be given in each case to the person or entity affected;
(b) The person or entity affected shall be afforded an opportunity to submit pertinent information on its behalf before a final decision is made;
(c) Upon the request of the person or entity affected, a hearing shall be held at which it shall have the opportunity to call witnesses on its behalf and confront any witness the agency may present; and
(d) The head of the agency or his designee shall issue a final written decision specifying the amount of restitution or any other remedy authorized by section
8 219. Officers and employees acting as agents of for
eign principals (a) Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938, as amended, shall be fined under this title or imprisoned for not more than two years, or both.
(b) Nothing in this section shall apply to the employment of any agent of a foreign principal as a special Government employee in any case in which the head of the employing agency certifies that such employment is required in the national interest. A copy of any certification under this paragraph shall be forwarded by the head of such agency to the Attorney General who shall cause the same to be filed with the registration statement and other documents filed by such agent, and made available for public inspection in accordance with section 6 of the Foreign Agents Registration Act of 1938, as amended.
(c) For the purpose of this section “public official” means Member of Congress, Delegate, or Resident Commissioner, 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 Governments 4 thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government. (Added Pub. L. 89-486, § 8(b), July 4, 1966, 80 Stat. 249, and amended Pub. L. 98-473, title II, $ 1116, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 99-646, 8 30, Nov. 10, 1986, 100 Stat. 3598.)
REFERENCES IN TEXT The Foreign Agents Registration Act of 1938, as amended, referred to in subsec. (a), is act June 8, 1938, ch. 327, 52 Stat. 631, as amended, which is classified generally to subchapter II (8 611 et seq.) of chapter 11 of Title 22, Foreign Relations and Intercourse. Section 6 of the Foreign Agents Registration Act of 1938 is classified to section 616 of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 22 and Tables.
* So in original. Probably should be "Government".
through the use in interstate or foreign comA prior section 219 was redesignated section 214.
merce of any facility for transportation or
(2) The term "sporting contest” means any 1986–Subsec. (a), Pub. L. 99-646, § 30(1), designated contest in any sport, between individual confirst par. as subsec. (a) and amended it generally, testants or teams of contestants (without which prior to amendment read as follows: "Whoever,
regard to the amateur or professional status being a public official of the United States in the exec of the contestants therein), the occurrence of utive, legislative, or judicial branch of the Government or in any agency of the United States, including
which is publicly announced before its occurthe District of Columbia, is or acts as an agent of a
rence; foreign principal required to register under the For
(3) The term “person" means any individual eign Agents Registration Act of 1938, as amended, and any partnership, corporation, association, shall be fined not more than $10,000 or imprisoned for or other entity. not more than two years, or both." Subsec. (b). Pub. L. 99-646, $30(2), designated
(Added Pub. L. 88-316, § 1(a), June 6, 1964, 78 second par. as subsec. (b),
Stat. 203.) Subsec. (c). Pub. L. 99-646, $ 30(2), (3), designated third par. as subsec. (c) and substituted “Delegate" for
CROSS REFERENCES “Delegate from the District of Columbia" and "branch
Wire or oral communications, authorization for of Government” for “branch of Government, or a
interception, to provide evidence of offenses under juror".
this section, see section 2516 of this title. 1984—Pub. L. 98-473 substituted "a public official" for "an officer or employee" in first par., and inserted par. defining “public official".
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1961, 2516 of
CHAPTER 12-CIVIL DISORDERS
231. Civil disorders. (88 220 to 222. Redesignated]
233. Preemption. Sections, act June 25, 1948, ch. 645, 62 Stat. 695, 696, were redesignated as sections 215 to 217 by Pub. L.
AMENDMENTS 87-849, $ 1(d), Oct. 23, 1962, 76 Stat. 1125.
1968–Pub. L. 90-284, title X, $ 1002(a), Apr. 11, 1968, [8 223. Repealed. Pub. L. 87-849, § 1(c), Oct. 23, 1962, 82 Stat. 90, added chapter 12 and items 231 to 233. 76 Stat. 1125)
8 231. Civil disorders Section, act June 25, 1948, ch. 645, 62 Stat. 696, related to transactions of the Home Owners' Loan Corpora
(a)(1) Whoever teaches or demonstrates to tion.
any other person the use, application, or
making of any firearm or explosive or incendiEFFECTIVE DATE OF REPEAL
ary device, or technique capable of causing Repeal of section effective 90 days after Oct. 23, injury or death to persons, knowing or having 1962, see section 4 of Pub. L. 87-849, set out as an Ef.
reason to know or intending that the same will fective Date note under section 201 of this title.
be unlawfully employed for use in, or in fur
therance of, a civil disorder which may in any 8 224. Bribery in sporting contests
way or degree obstruct, delay, or adversely (a) Whoever carries into effect, attempts to affect commerce or the movement of any articarry into effect, or conspires with any other cle or commodity in commerce or the conduct person to carry into effect any scheme in com or performance of any federally protected funcmerce to influence, in any way, by bribery any tion; or sporting contest, with knowledge that the pur (2) Whoever transports or manufactures for pose of such scheme is to influence by bribery transportation in commerce any firearm, or exthat contest, shall be fined not more than plosive or incendiary device, knowing or having $10,000, or imprisoned not more than 5 years, reason to know or intending that the same will or both.
be used unlawfully in furtherance of a civil dis(b) This section shall not be construed as in order; or dicating an intent on the part of Congress to (3) Whoever commits or attempts to commit occupy the field in which this section operates any act to obstruct, impede, or interfere with to the exclusion of a law of any State, territory, any fireman or law enforcement officer lawfulCommonwealth, or possession of the United ly engaged in the lawful performance of his ofStates, and no law of any State, territory, Com ficial duties incident to and during the commismonwealth, or possession of the United States, sion of a civil disorder which in any way or which would be valid in the absence of the sec degree obstructs, delays, or adversely affects tion shall be declared invalid, and no local au commerce or the movement of any article or thorities shall be deprived of any jurisdiction commodity in commerce or the conduct or perover any offense over which they would have formance of any federally protected functionjurisdiction in the absence of this section.
Shall be fined not more than $10,000 or im(c) As used in this section
prisoned not more than five years, or both. (1) The term "scheme in commerce" means (b) Nothing contained in this section shall any scheme effectuated in whole or in part make unlawful any act of any law enforcement
officer which is performed in the lawful per-
acts of violence or restoring law and order
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 844 of this title; title 49 App. sections 1472, 1806.
8 232. Definitions
8 233. Preemption For purposes of this chapter:
Nothing contained in this chapter shall be (1) The term "civil disorder" means any construed as indicating an intent on the part of public disturbance involving acts of violence by Congress to occupy the field in which any proassemblages of three or more persons, which visions of the chapter operate to the exclusion causes an immediate danger of or results in of State or local laws on the same subject damage or injury to the property or person of matter, nor shall any provision of this chapter any other individual.
be construed to invalidate any provision of (2) The term "commerce" means commerce State law unless such provision is inconsistent (A) between any State or the District of Colum with any of the purposes of this chapter or any bia and any place outside thereof; (B) between
provision thereof. points within any State or the District of Columbia, but through any place outside thereof;
(Added Pub. L. 90-284, title X, $ 1002(a), Apr. or (C) wholly within the District of Columbia. 11, 1968, 82 $tat. 91.)
(3) The term "federally protected function” means any function, operation, or action car
CHAPTER 13-CIVIL RIGHTS ried out, under the laws of the United States,
Sec. by any department, agency, or instrumentality
241. of the United States or by an officer or employ
Conspiracy against rights.
242. ee thereof; and such term shall specifically in
Deprivation of rights under color of law.
243. Exclusion of jurors on account of race or clude, but not be limited to, the collection and
color. distribution of the United States mails.
244. Discrimination against person wearing uni(4) The term "firearm" means any weapon
form of armed forces. which is designed to or may readily be convert
245. Federally protected activities. ed to expel any projectile by the action of an
246. Deprivation of relief benefits. explosive; or the frame or receiver of any such
247. Damage to religious property; obstruction of weapon.
persons in the free exercise of religious be(5) The term "explosive or incendiary device"
liefs. means (A) dynamite and all other forms of high explosives, (B) any explosive bomb, grenade,
AMENDMENTS missile, or similar device, and (C) any incendi
1988–Pub. L. 100-690, title VII, $ 7018(b)(2), Nov. 18, ary bomb or grenade, fire bomb, or similar
1988, 102 Stat. 4396, struck out “of citizens” after device, including any device which (i) consists
"rights" in item 241. of or includes a breakable container including a Pub. L. 100-346, § 3, June 24, 1988, 102 Stat. 645, flammable liquid or compound, and a wick com added item 247. posed of any material which, when ignited, is 1976-Pub. L. 94-453, § 4(b), Oct. 2, 1976, 90 Stat. capable of igniting such flammable liquid or 1517, added item 246. compound, and (ii) can be carried or thrown by 1968-Pub. L. 90-284, title I, § 102, Apr. 11, 1968, 82 one individual acting alone.
Stat. 75, added item 245. (6) The term "fireman” means any member of a fire department (including a volunteer fire
8 241. Conspiracy against rights department) of any State, any political subdivi
If two or more persons conspire to injure, opsion of a State, or the District of Columbia.
press, threaten, or intimidate any inhabitant of (7) The term “law enforcement officer"
any State, Territory, or District in the free exmeans any officer or employee of the United
ercise or enjoyment of any right or privilege seStates, any State, any political subdivision of a
cured to him by the Constitution or laws of the State, or the District of Columbia, while en
United States, or because of his having so exergaged in the enforcement or prosecution of any cised the same; or of the criminal laws of the United States, a
If two or more persons go in disguise on the State, any political subdivision of a State, or
highway, or on the premises of another, with the District of Columbia; and such term shall
intent to prevent or hinder his free exercise or specifically include, but shall not be limited to,
enjoyment of any right or privilege so securedmembers of the National Guard, as defined in section 101(9) of title 10, United States Code,
They shall be fined not more than $10,000 or members of the organized militia of any State,
imprisoned not more than ten years, or both; or territory of the United States, the Common
and if death results, they shall be subject to imwealth of Puerto Rico, or the District of Co
prisonment for any term of years or for life. lumbia, not included within the definition of (June 25, 1948, ch. 645, 62 Stat. 696; Apr. 11, National Guard as defined by such section 1968, Pub. L. 90-284, title I, § 103(a), 82 Stat. 75; 101(9), and members of the Armed Forces of Nov. 18, 1988, Pub. L. 100-690, title VII, the United States, while engaged in suppressing $ 7018(a), (b)(1), 102 Stat. 4396.)
HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., $ 51 (Mar. 4, 1909, ch. 321, $ 19, 35 Stat. 1092).
Clause making conspirator ineligible to hold office was omitted as incongruous because it attaches ineligibility to hold office to a person who may be a private citizen and who was convicted of conspiracy to violate a specific statute. There seems to be no reason for imposing such a penalty in the case of one individual crime, in view of the fact that other crimes do not carry such a severe consequence. The experience of the Department of Justice is that this unusual penalty has been an obstacle to successful prosecutions for violations of the act.
Mandatory punishment provision was rephrased in the alternative.
Minor changes in phraseology were made.
CROSS REFERENCES Civil action for deprivation of rights, see section 1983 of Title 42, The Public Health and Welfare.
Equal rights under the law, see section 1981 of Title 42.
Minor offenses tried by United States magistrates as excluding offenses punishable under this section, see section 3401 of this title.
Proceedings in vindication of civil rights, see section 1988 of Title 42, The Public Health and Welfare.
AMENDMENTS 1988–Pub. L. 100-690 struck out “of citizens" after “rights" in section catchline and substituted "inhabitant of any State, Territory, or District” for “citizen" in text.
1968–Pub. L. 90-284 increased limitation on fines from $5,000 to $10,000 and provided for imprisonment for any term of years or for life when death results.
8 243. Exclusion of jurors on account of race or color
No citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State on account of race, color, or previous condition of servitude; and whoever, being an officer or other person charged with any duty in the selection or summoning of jurors, excludes or fails to summon any citizen for such cause, shall be fined not more than $5,000. (June 25, 1948, ch. 645, 62 Stat. 696.)
CROSS REFERENCES Action for neglect to prevent, see section 1986 of Title 42, The Public Health and Welfare.
Conspiracy to commit offense or to defraud United States, see section 371 of this title.
Conspiracy to interfere with civil rights, see section 1985 of Title 42, The Public Health and Welfare.
Proceedings in vindication of civil rights, see section 1988 of Title 42.
8 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life. (June 25, 1948. ch. 645. 62 Stat. 696: Apr. 11. 1968, Pub. L. 90-284, title I, § 103(b), 82 Stat. 75; Nov. 18, 1988, Pub. L. 100-690, title VII, § 7019, 102 Stat. 4396.)
HISTORICAL AND REVISION NOTES Based on section 44 of title 8, U.S.C., 1940 ed., Aliens and Nationality (Mar. 1, 1875, ch. 114, § 4, 18 Stat. 336).
Words "be deemed guilty of a misdemeanor, and" were deleted as unnecessary in view of definition of misdemeanor in section 1 of this title.
Words "on conviction thereof” were omitted as unnecessary, since punishment follows only after conviction.
Minimum punishment provisions were omitted. (See reviser's note under section 203 of this title.) Minor changes in phraseology were made.
FEDERAL RULES OF CIVIL PROCEDURE Jurors, see rule 47, Title 28, Appendix, Judiciary and Judicial Procedure.
FEDERAL RULES OF CRIMINAL PROCEDURE Grand jury, see rule 6, Appendix to this title. Trial jurors, see rule 24.
CROSS REFERENCES Bribery of public officials and witnesses, see section 201 of this title.
Civil rights generally, see section 1981 et seq. of Title 42, The Public Health and Welfare.
Exclusion or excuse from jury service, see section 1863 of Title 28, Judiciary and Judicial Procedure.
Grand jurors, number of and summoning additional jurors, see section 3321 of this title.
Juries generally, see section 1861 et seq. of Title 28, Judiciary and Judicial Procedure. Manner of drawing jurors, see section 1864 of Title
Qualifications of jurors, see section 1861 of Title 28. Summoning jurors, see section 1867 of Title 28.
HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., & 52 (Mar. 4, 1909, ch. 321, 20, 35 Stat. 1092).
Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title.
A minor change was made in phraseology.
8 244. Discrimination against person wearing uniform
of armed forces Whoever, being a proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Columbia, or in any Territory, or Possession of the United States, causes any person wearing the uniform of any of the armed forces of the United States to be discriminated against because of that uniform, shall be fined not more than $500.
AMENDMENTS 1988–Pub. L. 100-690 inserted "and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both;" after "or both;".
1968–Pub. L. 90-284 provided for imprisonment for any term of years or for life when death results.
(B) participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States;
(C) applying for or enjoying employment, or any perquisite thereof, by any agency of the United States;
(D) serving, or attending upon any court in connection with possible service, as a grand or petit juror in any court of the United States;
(E) participating in or enjoying the benefits of any program or activity receiving Federal financial assistance; or
(2) any person because of his race, color, religion or national origin and because he is or has been
(A) enrolling in or attending any public school or public college;
(B) participating in or enjoying any benefit service, privilege, program, facility or activity provided or administered by any State or subdivision thereof;
(C) applying for or enjoying employment, or any perquisite thereof, by any private employer or any agency of any State or subdivision thereof, or joining or using the services or advantages of any labor organization, hiring hall, or employment agency;
(D) serving, or attending upon any court of any State in connection with possible service, as a grand or petit juror;
(E) traveling in or using any facility of interstate commerce, or using any vehicle, terminal, or facility of any common carrier by motor, rail, water, or air;
(F) enjoying the goods, services, facilities, privileges, advantages, or accommodations of any inn, hotel, motel, or other establishment which provides lodging to transient guests, or of any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility which serves the public and which is principally engaged in selling food or beverages for consumption on the premises, or of any gasoline station, or of any motion picture house, theater, concert hall, sports arena, stadium, or any other place of exhibition or entertainment which serves the public, or of any other establishment which serves the public and (i) which is located within the premises of any of the aforesaid establishments or within the premises of which is physically located any of the aforesaid establishments, and (ii) which holds itself out as serving patrons of such establishments; or
(3) during or incident to a riot or civil disorder, any person engaged in a business in commerce or affecting commerce, including, but not limited to, any person engaged in a business which sells or offers for sale to interstate travelers a substantial portion of the articles, commodities, or services which it sells or where a substantial portion of the articles or commodities which it sells or offers for sale have moved in commerce; or
(June 25, 1948, ch. 645, 62 Stat. 697; May 24, 1949, ch. 139, § 5, 63 Stat. 90.)
HISTORICAL AND REVISION NOTES
1948 ACT Based on title 18, U.S.C., 1940 ed., § 523 (Mar. 1, 1911, ch. 187, 36 Stat. 963; Aug. 24, 1912, ch. 387, § 1, 37 Stat. 512; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800).
Words "guilty of a misdemeanor", following “shall be", were omitted as unnecessary in view of definition of "misdemeanor" in section 1 of this title. (See reviser's note under section 212 of this title.) Changes were made in phraseology.
1949 ACT This section (section 5) substitutes, in section 244 of title 18, U.S.C., "any of the armed forces of the United States" for the enumeration of specific branches and thereby includes the Air Force, formerly part of the Army. This clarification is necessary because of the establishment of the Air Force as a separate branch of the Armed Forces by the act of July 26, 1947.
AMENDMENTS 1949-Act May 24, 1949, substituted "any of the armed forces of the United States" for enumeration of the specific branches.
CROSS REFERENCES Uniforms, wearing without authority, see section 702 of this title.
8 245. Federally protected activities
(a)(1) Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of this section, nor shall anything in this section be construed as depriving State and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are violations of State and local law. No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice, which function of certification may not be delegated.
(2) Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.
(b) Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with
(1) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from
(A) voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election;
95-007-89 - 8 Vol. 7). QL3