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Title 18 — Crimes and Criminal ProcedureRelease 119-73

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

Title 18 › Part PART I— - CRIMES › Chapter CHAPTER 11— - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST › § 209

Last updated Apr 6, 2026|Official source

Summary

Federal executive-branch employees, workers in independent federal agencies, and District of Columbia officers must be paid only by the U.S. Government. They may not get salary or pay boosts from anyone else (except money coming from a State, county, or city). Anyone who pays or boosts such a person’s salary when the law forbids it can be punished under section 216. There are several exceptions. Employees may keep bona fide retirement, life, health, accident, profit-sharing, stock bonus, or other benefit plans from a former employer. Special Government employees and unpaid officials are not covered, nor are payments allowed under chapter 41 of Title 5. Approved executive exchange or fellowship programs may pay actual relocation costs if created by law or Presidential order and the appointment is no more than 365 days (extensions limited to 90 days, or for overseas assignments no more than 365 days). Officers hurt while a criminal act in sections 351 or 1751 occurs may accept help from 501(c)(3) charities. Private-sector workers detailed under chapter 37 may keep pay and benefits from their employer (the term “agency” for that rule includes agencies defined in section 3701 of Title 5 and the DC Office of the Chief Technology Officer). Members of the Reserve or Space Force called to active duty under 10 U.S.C. 101(a)(13) may receive pay from their civilian employer as if they had continued working.

Full Legal Text

Title 18, §209

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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; orWhoever, 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, 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

Notes & Related Subsidiaries

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.

Amendments

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, 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).

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment 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. ExemptionsExemptions 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, Apr. 12, 1989, 54 F.R. 15159, as amended, set out as a note under section 7301 of Title 5, Government Organization and Employees.

Reference

Citations & Metadata

Citation

18 U.S.C. § 209

Title 18 — Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73