18 U.S.C. § 212 — Offer of loan or gratuity to financial insti-

Page 80 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 211 Term ‘‘or place’’ was inserted after words ‘‘appointive office’’ in order to give broader scope to the section and also to follow the phraseology used in similar provi- sions of section 202 of Title 18, U.S.C., 1940 ed., now sec- tion 216 [repealed] of this title. (See 46 Corpus Juris 924, where it is explained that the work ‘‘places’’ is used in a less technical sense than the word ‘‘offices’’.) The punishment provision, added at the end of this section and section 215 [now section 211] of this title to secure uniformity of style throughout this chapter, was originally enacted as a separate section, incorporating the other two by reference. 80th Congress House Report No. 304. Editorial Notes PRIOR PROVISIONS A prior section 210, act June 25, 1948, ch. 645, 62 Stat. 693, related to acceptance of a bribe by a witness, prior to the general amendment of this chapter by Pub. L. 87–849 and is substantially covered in revised section 201. AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 211. Acceptance or solicitation to obtain ap- pointive public office Whoever solicits or receives, either as a polit- ical contribution, or for personal emolument, any money or thing of value, in consideration of the promise of support or use of influence in ob- taining for any person any appointive office or place under the United States, shall be fined under this title or imprisoned not more than one year, or both. Whoever solicits or receives any thing of value in consideration of aiding a person to obtain em- ployment under the United States either by re- ferring his name to an executive department or agency of the United States or by requiring the payment of a fee because such person has se- cured such employment shall be fined under this title, or imprisoned not more than one year, or both. This section shall not apply to such serv- ices rendered by an employment agency pursu- ant to the written request of an executive de- partment or agency of the United States. (June 25, 1948, ch. 645, 62 Stat. 694, § 211, formerly § 215; Sept. 13, 1951, ch. 380, 65 Stat. 320; renum- bered § 211, Pub. L. 87–849, § 1(b), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 150 and 151 (Dec. 11, 1926, ch. 3, §§ 2, 3, 44 Stat. 918). Same changes of style and substance were made in this section as in section 214 of this title. Editorial Notes PRIOR PROVISIONS A prior section 211, act June 25, 1948, ch. 645, 62 Stat. 693, related to an offer of a gratuity to a revenue offi- cer, prior to the general amendment of this chapter by Pub. L. 87–849 and is substantially covered in revised section 201. AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in two places. 1951—Act Sept. 13, 1951, inserted second paragraph. § 212. Offer of loan or gratuity to financial insti- tution examiner (a) IN GENERAL.—Except as provided in sub- section (b), whoever, being an officer, director, or employee of a financial institution, makes or grants any loan or gratuity, to any examiner or assistant examiner who examines or has author- ity to examine such bank, branch, agency, orga- nization, corporation, association, or institu- tion— (1) shall be fined under this title, imprisoned not more than 1 year, or both; and (2) may be fined a further sum equal to the money so loaned or gratuity given. (b) REGULATIONS.—A Federal financial institu- tion regulatory agency may prescribe regula- tions establishing additional limitations on the application for and receipt of credit under this section and on the application and receipt of residential mortgage loans under this section, after consulting with each other Federal finan- cial institution regulatory agency. (c) DEFINITIONS.—In this section: (1) EXAMINER.—The term ‘‘examiner’’ means any person— (A) appointed by a Federal financial insti- tution regulatory agency or pursuant to the laws of any State to examine a financial in- stitution; or (B) elected under the law of any State to conduct examinations of any financial insti- tutions. (2) FEDERAL FINANCIAL INSTITUTION REGU- LATORY AGENCY.—The term ‘‘Federal financial institution regulatory agency’’ means— (A) the Office of the Comptroller of the Currency; (B) the Board of Governors of the Federal Reserve System; (C) the Federal Deposit Insurance Corpora- tion; (D) the Federal Housing Finance Agency; (E) the Farm Credit Administration; (F) the Farm Credit System Insurance Corporation; and (G) the Small Business Administration. (3) FINANCIAL INSTITUTION.—The term ‘‘finan- cial institution’’ does not include a credit union, a Federal Reserve Bank, a Federal home loan bank, or a depository institution holding company. (4) LOAN.—The term ‘‘loan’’ does not include any credit card account established under an open end consumer credit plan or a loan se- cured by residential real property that is the principal residence of the examiner, if— (A) the applicant satisfies any financial re- quirements for the credit card account or residential real property loan that are gen- erally applicable to all applicants for the same type of credit card account or residen- tial real property loan; (B) the terms and conditions applicable with respect to such account or residential real property loan, and any credit extended to the examiner under such account or resi- dential real property loan, are no more fa- vorable generally to the examiner than the terms and conditions that are generally ap- Page 81 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 215 1 So in original. plicable to credit card accounts or residen- tial real property loans offered by the same financial institution to other borrowers cardholders 1 in comparable circumstances under open end consumer credit plans or for residential real property loans; and (C) with respect to residential real prop- erty loans, the loan is with respect to the primary residence of the applicant. (Added Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2899; amended Pub. L. 110–289, div. A, title II, § 1216(c), July 30, 2008, 122 Stat. 2792; Pub. L. 111–203, title III, § 377(1), July 21, 2010, 124 Stat. 1569.) Editorial Notes PRIOR PROVISIONS A prior section 212, acts June 25, 1948, ch. 645, 62 Stat. 694, § 212, formerly § 217; Pub. L. 85–699, title VII, § 701(a), Aug. 21, 1958, 72 Stat. 698; Pub. L. 86–168, title I, § 104(h), Aug. 18, 1959, 73 Stat. 387; renumbered § 212, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 101–73, title IX, § 962(a)(1), Aug. 9, 1989, 103 Stat. 501; Pub. L. 101–647, title XXV, § 2597(b), Nov. 29, 1990, 104 Stat. 4908; Pub. L. 103–322, title XXXIII, §§ 330004(1), 330010(1), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2141, 2143, 2147, re- lated to offer of loan or gratuity to bank examiner, prior to repeal by Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2899. Another prior section 212, act June 25, 1948, ch. 645, 62 Stat. 693, related to an offer or threat to a customs offi- cer or employee, prior to the general amendment to this chapter by Pub. L. 87–849 and is substantially cov- ered by revised section 201. AMENDMENTS 2010—Subsec. (c)(2)(C) to (H). Pub. L. 111–203 redesig- nated subpars. (D) to (H) as (C) to (G), respectively, and struck out former subpar. (C) which read as follows: ‘‘the Office of Thrift Supervision;’’. 2008—Subsec. (c)(2)(E). Pub. L. 110–289 substituted ‘‘Federal Housing Finance Agency’’ for ‘‘Federal Hous- ing Finance Board’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the trans- fer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress. § 213. Acceptance of loan or gratuity by financial institution examiner (a) IN GENERAL.—Whoever, being an examiner or assistant examiner, accepts a loan or gra- tuity from any bank, branch, agency, organiza- tion, corporation, association, or institution ex- amined by the examiner or from any person con- nected with it, shall— (1) be fined under this title, imprisoned not more than 1 year, or both; (2) may be fined a further sum equal to the money so loaned or gratuity given; and (3) shall be disqualified from holding office as an examiner. (b) DEFINITIONS.—In this section, the terms ‘‘examiner’’, ‘‘Federal financial institution regu- latory agency’’, ‘‘financial institution’’, and ‘‘loan’’ have the same meanings as in section 212. (Added Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2900.) Editorial Notes PRIOR PROVISIONS A prior section 213, acts June 25, 1948, ch. 645, 62 Stat. 695, § 213, formerly § 218; Pub. L. 85–699, title VII, § 701(b), Aug. 21, 1958, 72 Stat. 698; renumbered § 213, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 101–73, title IX, § 962(a)(2), Aug. 9, 1989, 103 Stat. 502; Pub. L. 101–647, title XXV, § 2597(c), Nov. 29, 1990, 104 Stat. 4909; Pub. L. 103–322, title XXXIII, §§ 330004(2), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2141, 2147, related to acceptance of loan or gratuity by bank examiner, prior to repeal by Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2899. Another prior section 213, act June 25, 1948, ch. 645, 62 Stat. 693, related to the acceptance or demand of a bribe by a customs officer or employee, prior to the general amendment to this chapter by Pub. L. 87–849 and is substantially covered by revised section 201. § 214. Offer for procurement of Federal Reserve bank loan and discount of commercial paper Whoever stipulates for or gives or receives, or consents or agrees to give or receive, any fee, commission, bonus, or thing of value for pro- curing or endeavoring to procure from any Fed- eral Reserve bank any advance, loan, or exten- sion of credit or discount or purchase of any ob- ligation or commitment with respect thereto, either directly from such Federal Reserve bank or indirectly through any financing institution, unless such fee, commission, bonus, or thing of value and all material facts with respect to the arrangement or understanding therefor shall be disclosed in writing in the application or request for such advance, loan, extension of credit, dis- count, purchase, or commitment, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 695, § 214, formerly § 219; renumbered § 214, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 599 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, § 22(k), as added by act June 19, 1934, ch. 653, § 3, 48 Stat. 1108). Final sentence of said section 599, imposing civil li- ability on violators, was omitted as unnecessary, being merely a declaration of that rule of common law which in the absence of statute fixes civil liability on the wrongdoer. Minor changes were made in phraseology. Editorial Notes PRIOR PROVISIONS A prior section 214 of this title was renumbered sec- tion 210. AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. § 215. Receipt of commissions or gifts for pro- curing loans (a) Whoever— (1) corruptly gives, offers, or promises any- thing of value to any person, with intent to in-