Title 18 — Crimes and Criminal Procedure
Part I · Chapter 11 — Bribery, Graft, and Conflicts of Interest
§ 209. Salary of Government officials and employees payable only by United States
Statutory text
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 this title.
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.
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.
This section does not prohibit payment or acceptance of contributions, awards, or other expenses under the terms of chapter 41 of title 5.
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.
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.
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.
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.
This section does not prohibit a member of the reserve components of the armed forces, or a member of the Space Force, 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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 87–849 § 1(a) · 76 Stat. 1119
Enacted · 18 U.S.C. § 209
Added Pub. L. 87–849, § 1(a), Oct. 23, 1962, 76 Stat. 1125
Source evidence
Code source credit
Added Pub. L. 87–849, § 1(a), Oct. 23, 1962, 76 Stat. 1125Pub. L. 96–174 · 93 Stat. 1288
Added · 18 U.S.C. § 209(e)
Pub. L. 96–174 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 96–174 added subsec. (e).Pub. L. 97–171 · 96 Stat. 67
Added · 18 U.S.C. § 209(f)
Pub. L. 97–171 added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 97–171 added subsec. (f).Tax Reform Act of 1986
Pub. L. 99–514 § 2 · 100 Stat. 2085
Substituted · 18 U.S.C. § 209(f)
Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.Enacted provision · exact public law section
SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.Criminal Law and Procedure Technical Amendments Act of 1986
Pub. L. 99–646 § 70 · 100 Stat. 3592
Inserted · 18 U.S.C. § 209(e)
Pub. L. 99–646 inserted “or, in the case of participants in overseas assignments, in excess of three hundred and sixty-five days”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
SEC. 70. RELOCATION EXPENSES FOR EXCHANGE PARTICIPANTS. Section 209(e) of title 18, United States Code, is amended by striking out the period at the end and inserting in lieu thereof “or, in the case of participants in overseas assignments, in excess of three hundred and sixty-five days.”.Ethics Reform Act of 1989
Pub. L. 101–194 title IV § 406 · 103 Stat. 1716
Substituted · 18 U.S.C. § 209(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
SEC. 406. AMENDMENT TO SECTION 209 OF TITLE 18, UNITED STATES CODE. Section 209(a) of title 18, United States Code, is amended by striking “Shall be fined not more than $5,000 or imprisoned not more than one year, or both.” and inserting “Shall be subject to the penalties set forth in section 216 of this title.”.Crime Control Act of 1990
Pub. L. 101–647 title XXXV § 3510 · 104 Stat. 4789
Substituted · 18 U.S.C. § 209(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)”
Source evidence
Code amendment note
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)”.Enacted provision · exact public law section
SEC. 3510. CROSS REFERENCE UPDATE FOR SECTION 209. Subsection (d) of section 209 of title 18, United States Code, is amended by striking “Government Employees Training Act” and all that follows through the end of such subsection and inserting “chapter 41 of title 5.”.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330008(7) · 108 Stat. 1796
Struck · 18 U.S.C. § 209(d)
Pub. L. 103–322 struck out “the” before “chapter 41”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 103–322 struck out “the” before “chapter 41”.Enacted provision · exact public law section
(7) in section 209(d) by striking “under the terms of the chapter 41” and inserting “under the terms of chapter 41”;21st Century Department of Justice Appropriations Authorization Act
Pub. L. 107–273 div. A title III § 302(3) · 116 Stat. 1758
Substituted · 18 U.S.C. § 209(a)
Pub. L. 107–273, in second par., substituted “makes” for “or makes”
Substituted · 18 U.S.C. § 209(a)
Pub. L. 107–273, in second par., substituted “supplements, the salary of any” for “supplements the salary of, any”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(3) in section 209(a)— (A) by striking “or makes” and inserting “makes”; and (B) by striking “supplements the salary of, any” and inserting “supplements, the salary of any”.Pub. L. 107–347 title II § 209(g)(2) · 116 Stat. 2899
Added · 18 U.S.C. § 209(g)
Pub. L. 107–347 added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 107–347 added subsec. (g).Enacted provision · exact public law section
(2) Amendment to title 18, united states code.— Section 209 of title 18, United States Code, is amended by adding at the end the following: “(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.”.Effective date note
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 and Documents.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 div. A title VI § 663 · 118 Stat. 1811
Added · 18 U.S.C. § 209(h)
Pub. L. 108–375 added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 108–375 added subsec. (h).Enacted provision · exact public law section
SEC. 663. RECEIPT OF PAY BY RESERVISTS FROM CIVILIAN EMPLOYERS WHILE ON ACTIVE DUTY IN CONNECTION WITH A CONTINGENCY OPERATION. Section 209 of title 18, United States Code, is amended by adding at the end the following new subsection: “(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.” .Pub. L. 118–159 div. A title V § 568(b) · 138 Stat. 1906
Inserted · 18 U.S.C. § 209(h)
Pub. L. 118–159 inserted “, or a member of the Space Force,” after “a member of the reserve components of the armed forces”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (h). Pub. L. 118–159 inserted “, or a member of the Space Force,” after “a member of the reserve components of the armed forces”.
9 of 13 references resolved to an enrolled provision · 3 partial · 1 unresolved
Editorial Notes
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 Revenue Code.
Prior Provisions
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. 87–849.
Amendments1979–2024 · 9 rounds
2024
Subsec. (h). Pub. L. 118–159 inserted “, or a member of the Space Force,” after “a member of the reserve components of the armed forces”.
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 “chapter 41”.
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, )”.
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).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–347 effective 120 days after , see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
Effective Date
Section effective 90 days after , see section 4 of Pub. L. 87–849, set out as a note under section 201 of this title.
Exemptions
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.
Executive Documents
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, , 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees.
Credits
1962–2024 · 12 acts
- 1962Added Pub. L. 87–849, § 1(a), , 76 Stat. 1125
- 1979amended Pub. L. 96–174, , 93 Stat. 1288
- 1982Pub. L. 97–171, , 96 Stat. 67
- 1986Pub. L. 99–514, § 2, , 100 Stat. 2095
- 1986Pub. L. 99–646, § 70, , 100 Stat. 3617
- 1989Pub. L. 101–194, title IV, § 406, , 103 Stat. 1753
- 1990Pub. L. 101–647, title XXXV, § 3510, , 104 Stat. 4922
- 1994Pub. L. 103–322, title XXXIII, § 330008(7), , 108 Stat. 2143
- 2002Pub. L. 107–273, div. A, title III, § 302(3), , 116 Stat. 1781
- 2002Pub. L. 107–347, title II, § 209(g)(2), , 116 Stat. 2932
- 2004Pub. L. 108–375, div. A, title VI, § 663, , 118 Stat. 1974
- 2024Pub. L. 118–159, div. A, title V, § 568(b), , 138 Stat. 1906.
Show as published
(Added Pub. L. 87–849, § 1(a), , 76 Stat. 1125; amended Pub. L. 96–174, , 93 Stat. 1288; Pub. L. 97–171, , 96 Stat. 67; Pub. L. 99–514, § 2, , 100 Stat. 2095; Pub. L. 99–646, § 70, , 100 Stat. 3617; Pub. L. 101–194, title IV, § 406, , 103 Stat. 1753; Pub. L. 101–647, title XXXV, § 3510, , 104 Stat. 4922; Pub. L. 103–322, title XXXIII, § 330008(7), , 108 Stat. 2143; Pub. L. 107–273, div. A, title III, § 302(3), , 116 Stat. 1781; Pub. L. 107–347, title II, § 209(g)(2), , 116 Stat. 2932; Pub. L. 108–375, div. A, title VI, § 663, , 118 Stat. 1974; Pub. L. 118–159, div. A, title V, § 568(b), , 138 Stat. 1906.)