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[Laws in effect as of January 3, 2005]
[Document not affected by Public Laws enacted between
January 3, 2005 and July 7, 2006]
[CITE: 18USC209]
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 this
title.
(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 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.
Amendments
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, 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 and Documents.
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.
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.
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.