Notes on 18 U.S.C. § 218 : US Code - Notes

Search Notes on 18 U.S.C. § 218 : US Code - Notes

(Added Pub. L. 87-849, Sec. 1(e), Oct. 23, 1962, 76 Stat. 1125.)
PRIOR PROVISIONS
A prior section 218 was renumbered section 213 of this title and
subsequently repealed.
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 218, provided that such remedy shall
take into consideration the fair value of any tangible benefits
received and retained by the agency.
Ronald Reagan.