18 U.S.C. § 218 — Voiding transactions in violation of chap-

Page 83 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 218 court against any person who engages in con- duct constituting an offense under section 203, 204, 205, 207, 208, or 209 of this title and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each viola- tion or the amount of compensation which the person received or offered for the prohibited con- duct, whichever amount is greater. The imposi- tion of a civil penalty under this subsection does not preclude any other criminal or civil statu- tory, common law, or administrative remedy, which is available by law to the United States or any other person. (c) If the Attorney General has reason to be- lieve that a person is engaging in conduct con- stituting an offense under section 203, 204, 205, 207, 208, or 209 of this title, the Attorney General may petition an appropriate United States dis- trict court for an order prohibiting that person from engaging in such conduct. The court may issue an order prohibiting that person from en- gaging in such conduct if the court finds that the conduct constitutes such an offense. The fil- ing of a petition under this section does not pre- clude any other remedy which is available by law to the United States or any other person. (Added Pub. L. 101–194, title IV, § 407(a), Nov. 30, 1989, 103 Stat. 1753; amended Pub. L. 101–280, § 5(f), May 4, 1990, 104 Stat. 159.) Editorial Notes PRIOR PROVISIONS A prior section 216, acts June 25, 1948, ch. 645, 62 Stat. 695, § 216, formerly § 221, amended Aug. 21, 1958, Pub. L. 85–699, title VII, § 702(a)–(c), 72 Stat. 698; Aug. 18, 1959, Pub. L. 86–168, title I, § 104(h), 73 Stat. 387, and renum- bered Oct. 23, 1962, Pub. L. 87–849, § 1(d), 76 Stat. 1125, re- lated to receipt or charge of commissions or gifts for farm loan, land bank, or small business transactions, prior to repeal by Pub. L. 98–473, title II, § 1107(b), Oct. 12, 1984, 98 Stat. 2146. Another prior section 216, act June 25, 1948, ch. 645, 62 Stat. 694, which related to procurement of a contract by an officer or Member of Congress, was repealed by section 1(c) of Pub. L. 87–849. AMENDMENTS 1990—Subsec. (a). Pub. L. 101–280, § 5(f)(1), substituted ‘‘section 203, 204, 205, 207, 208, or 209’’ for ‘‘sections 203, 204, 205, 207, 208, and 209’’. Subsec. (b). Pub. L. 101–280, § 5(f)(2), substituted ‘‘sec- tion 203, 204, 205, 207, 208, or 209’’ for ‘‘sections 203, 204, 205, 207, 208, and 209’’. § 217. Acceptance of consideration for adjustment of farm indebtedness Whoever, being an officer or employee of, or person acting for the United States or any agen- cy thereof, accepts any fee, commission, gift, or other consideration in connection with the com- promise, adjustment, or cancellation of any farm indebtedness as provided by sections 1150, 1150a, and 1150b of Title 12, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 696, § 217, formerly § 222; renumbered § 217, Pub. L. 87–849, § 1(d), 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 section 1150c(b) of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 20, 1944, ch. 623, § 4(b), 58 Stat. 837). Words ‘‘upon conviction thereof’’ were omitted as surplusage, since punishment cannot be imposed until after conviction. Other changes were made in phraseology without change of substance. Editorial Notes PRIOR PROVISIONS A prior section 217 was renumbered section 212 of this title and subsequently repealed. AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 218. Voiding transactions in violation of chap- ter; recovery by the United States In addition to any other remedies provided by law the President or, under regulations pre- scribed 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, privi- lege, benefit, certificate, ruling, decision, opin- ion, or rate schedule awarded, granted, paid, fur- nished, 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 offi- cer or employee of the United States or person acting on behalf thereof, in relation to which there has been a final conviction for any viola- tion 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.) Editorial Notes PRIOR PROVISIONS A prior section 218 was renumbered section 213 of this title and subsequently repealed. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 23, 1962, see sec- tion 4 of Pub. L. 87–849, set out as a note under section 201 of this title. Executive Documents 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 void- ing or rescinding contracts or other benefits obtained through bribery, graft or conflict of interest, it is here- by 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 de- clare void and rescind the transactions set forth in sec- Page 84 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 219 tion 218 of title 18 of the United States Code in relation to which there has been a final conviction for any vio- lation of chapter 11 of title 18. SEC. 2. The head of each Executive department and agency described in section 1 may exercise the author- ity hereby delegated by promulgating implementing regulations; provided that the Secretary of Defense, the Administrator of General Services and the Adminis- trator of the National Aeronautics and Space Adminis- tration jointly shall issue government-wide imple- menting 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 be- half 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 oppor- tunity 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 res- titution or any other remedy authorized by section 218, provided that such remedy shall take into consider- ation the fair value of any tangible benefits received and retained by the agency. RONALD REAGAN. § 219. Officers and employees acting as agents of foreign 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 or a lobbyist required to register under the Lobbying Disclosure Act of 1995 in connection with the representation of a foreign entity, as defined in section 3(6) of that Act 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 cer- tifies 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 pub- lic inspection in accordance with section 6 of the Foreign Agents Registration Act of 1938, as amended. (c) For the purpose of this section ‘‘public offi- cial’’ means Member of Congress, Delegate, or Resident Commissioner, either before or after he has qualified, or an officer or employee or per- son acting for or on behalf of the United States, or any department, agency, or branch of Govern- ment thereof, including the District of Colum- bia, in any official function, under or by author- ity of any such department, agency, or branch of Government. (Added Pub. L. 89–486, § 8(b), July 4, 1966, 80 Stat. 249; amended Pub. L. 98–473, title II, § 1116, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 99–646, § 30, Nov. 10, 1986, 100 Stat. 3598; Pub. L. 101–647, title XXXV, § 3511, Nov. 29, 1990, 104 Stat. 4922; Pub. L. 104–65, § 12(b), Dec. 19, 1995, 109 Stat. 701.) Editorial Notes 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, which is classified generally to sub- chapter II (§ 611 et seq.) of chapter 11 of Title 22, For- eign Relations and Intercourse. Section 6 of the For- eign Agents Registration Act of 1938 is classified to sec- tion 616 of Title 22. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 611 of Title 22 and Tables. The Lobbying Disclosure Act of 1995, referred to in subsec. (a), is Pub. L. 104–65, Dec. 19, 1995, 109 Stat. 691, which is classified principally to chapter 26 (§ 1601 et seq.) of Title 2, The Congress. Section 3(6) of the Act is classified to section 1602(6) of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 2 and Tables. PRIOR PROVISIONS A prior section 219 was renumbered section 214. AMENDMENTS 1995—Subsec. (a). Pub. L. 104–65 substituted ‘‘or a lob- byist required to register under the Lobbying Disclo- sure Act of 1995 in connection with the representation of a foreign entity, as defined in section 3(6) of that Act’’ for ‘‘, as amended,’’. 1990—Subsec. (c). Pub. L. 101–647 substituted ‘‘Govern- ment’’ for ‘‘Governments’’ before ‘‘thereof’’. 1986—Subsec. (a). Pub. L. 99–646, § 30(1), designated first par. as subsec. (a) and amended it generally, which prior to amendment read as follows: ‘‘Whoever, being a public official 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, is or acts as an agent of a foreign prin- cipal required to register under the Foreign Agents Registration Act of 1938, as amended, shall be fined not more than $10,000 or imprisoned for not more than two years, or both.’’ Subsec. (b). Pub. L. 99–646, § 30(2), designated second par. as subsec. (b). Subsec. (c). Pub. L. 99–646, § 30(2), (3), designated third par. as subsec. (c) and substituted ‘‘Delegate’’ for ‘‘Del- egate from the District of Columbia’’ and ‘‘branch of Government’’ for ‘‘branch of Government, or a juror’’. 1984—Pub. L. 98–473 substituted ‘‘a public official’’ for ‘‘an officer or employee’’ in first par., and inserted par. defining ‘‘public official’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–65 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 104–65, set out as an Effective Date note under section 1601 of Title 2, The Congress. EFFECTIVE DATE Section effective ninety days after July 4, 1966, see section 9 of Pub. L. 89–486, set out as an Effective Date of 1966 Amendment note under section 611 of Title 22, Foreign Relations and Intercourse. § 220. Illegal remunerations for referrals to re- covery homes, clinical treatment facilities, and laboratories (a) OFFENSE.—Except as provided in subsection (b), whoever, with respect to services covered by a health care benefit program, in or affecting interstate or foreign commerce, knowingly and willfully— (1) solicits or receives any remuneration (in- cluding any kickback, bribe, or rebate) di- rectly or indirectly, overtly or covertly, in