18 USC Sec. 209 01/05/2009
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
Sec. 209. Salary of Government officials and employees payable only
by United States
(a) Whoever receives any salary, or any contribution to or
supplementation of salary, as compensation for his services as an
officer or employee of the executive branch of the United States
Government, of any independent agency of the United States, or of
the District of Columbia, from any source other than the Government
of the United States, except as may be contributed out of the
treasury of any State, county, or municipality; or
Whoever, whether an individual, partnership, association,
corporation, or other organization pays, makes any contribution to,
or in any way supplements, the salary of any such officer or
employee under circumstances which would make its receipt a
violation of this subsection -
Shall be subject to the penalties set forth in section 216 of
(b) Nothing herein prevents an officer or employee of the
executive branch of the United States Government, or of any
independent agency of the United States, or of the District of
Columbia, from continuing to participate in a bona fide pension,
retirement, group life, health or accident insurance, profit-
sharing, stock bonus, or other employee welfare or benefit plan
maintained by a former employer.
(c) This section does not apply to a special Government employee
or to an officer or employee of the Government serving without
compensation, whether or not he is a special Government employee,
or to any person paying, contributing to, or supplementing his
salary as such.
(d) This section does not prohibit payment or acceptance of
contributions, awards, or other expenses under the terms of chapter
41 of title 5.
(e) This section does not prohibit the payment of actual
relocation expenses incident to participation, or the acceptance of
same by a participant in an executive exchange or fellowship
program in an executive agency: Provided, That such program has
been established by statute or Executive order of the President,
offers appointments not to exceed three hundred and sixty-five
days, and permits no extensions in excess of ninety additional days
or, in the case of participants in overseas assignments, in excess
of three hundred and sixty-five days.
(f) This section does not prohibit acceptance or receipt, by any
officer or employee injured during the commission of an offense
described in section 351 or 1751 of this title, of contributions or
payments from an organization which is described in section
501(c)(3) of the Internal Revenue Code of 1986 and which is exempt
from taxation under section 501(a) of such Code.
(g)(1) This section does not prohibit an employee of a private
sector organization, while assigned to an agency under chapter 37
of title 5, from continuing to receive pay and benefits from such
organization in accordance with such chapter.
(2) For purposes of this subsection, the term "agency" means an
agency (as defined by section 3701 of title 5) and the Office of
the Chief Technology Officer of the District of Columbia.
(h) This section does not prohibit a member of the reserve
components of the armed forces on active duty pursuant to a call or
order to active duty under a provision of law referred to in
section 101(a)(13) of title 10 from receiving from any person that
employed such member before the call or order to active duty any
payment of any part of the salary or wages that such person would
have paid the member if the member's employment had not been
interrupted by such call or order to active duty.
(Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1125;
amended Pub. L. 96-174, Dec. 29, 1979, 93 Stat. 1288; Pub. L. 97-
171, Apr. 13, 1982, 96 Stat. 67; Pub. L. 99-514, Sec. 2, Oct. 22,
1986, 100 Stat. 2095; Pub. L. 99-646, Sec. 70, Nov. 10, 1986, 100
Stat. 3617; Pub. L. 101-194, title IV, Sec. 406, Nov. 30, 1989, 103
Stat. 1753; Pub. L. 101-647, title XXXV, Sec. 3510, Nov. 29, 1990,
104 Stat. 4922; Pub. L. 103-322, title XXXIII, Sec. 330008(7),
Sept. 13, 1994, 108 Stat. 2143; Pub. L. 107-273, div. A, title III,
Sec. 302(3), Nov. 2, 2002, 116 Stat. 1781; Pub. L. 107-347, title
II, Sec. 209(g)(2), Dec. 17, 2002, 116 Stat. 2932; Pub. L. 108-375,
div. A, title VI, Sec. 663, Oct. 28, 2004, 118 Stat. 1974.)
REFERENCES IN TEXT
Section 501 of the Internal Revenue Code of 1986, referred to in
subsec. (f), is classified to section 501 of Title 26, Internal
A prior section 209, act June 25, 1948, ch. 645, 62 Stat. 693,
related to an offer of a bribe to a witness, prior to the general
amendment of this chapter by Pub. L. 87-849 and is substantially
covered by section 201.
Provisions similar to those comprising this section were
contained in section 1914 of this title prior to the repeal of such
section and the general amendment of this chapter by Pub. L. 87-
2004 - Subsec. (h). Pub. L. 108-375 added subsec. (h).
2002 - Subsec. (a). Pub. L. 107-273, in second par., substituted
"makes" for "or makes" and "supplements, the salary of any" for
"supplements the salary of, any".
Subsec. (g). Pub. L. 107-347 added subsec. (g).
1994 - Subsec. (d). Pub. L. 103-322 struck out "the" before
1990 - Subsec. (d). Pub. L. 101-647 substituted "chapter 41 of
title 5" for "Government Employees Training Act (Public Law 85-507,
72 Stat. 327; 5 U.S.C. 2301-2319, July 7, 1958)".
1989 - Subsec. (a). Pub. L. 101-194 substituted at end "Shall be
subject to the penalties set forth in section 216 of this title."
for "Shall be fined not more than $5,000 or imprisoned not more
than one year, or both."
1986 - Subsec. (e). Pub. L. 99-646 inserted "or, in the case of
participants in overseas assignments, in excess of three hundred
and sixty-five days".
Subsec. (f). Pub. L. 99-514 substituted "Internal Revenue Code of
1986" for "Internal Revenue Code of 1954".
1982 - Subsec. (f). Pub. L. 97-171 added subsec. (f).
1979 - Subsec. (e). Pub. L. 96-174 added subsec. (e).
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-347 effective 120 days after Dec. 17,
2002, see section 402(a) of Pub. L. 107-347, set out as an
Effective Date note under section 3601 of Title 44, Public Printing
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.
Exemptions from former section 1914 of this title deemed to be
exemptions from this section, see section 2 of Pub. L. 87-849, set
out as a note under section 203 of this title.
PROMULGATION OF REGULATIONS
Responsibility of Office of Government Ethics for promulgating
regulations and interpreting this section, see section 201(c) of
Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set
out as a note under section 7301 of Title 5, Government
Organization and Employees.