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CITE

    18 USC Sec. 209                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

HEAD

    Sec. 209. Salary of Government officials and employees payable only
      by United States

STATUTE

      (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.

SOURCE

    (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.
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