US Code

Public Law 119-87 (04/30/2026)

18 U.S.C. § 209

Salary of Government officials and employees payable only by United States

(a)

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—

section 216 of this titleShall be subject to the penalties set forth in .

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
(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)
Provided 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: , 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)
section 3701 of title 5 For purposes of this subsection, the term “agency” means an agency (as defined by ) and the Office of the Chief Technology Officer of the District of Columbia.
(h)
section 101(a)(13) of title 10 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 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. 87–849, § 1(a)76 Stat. 1125 Pub. L. 96–17493 Stat. 1288 Pub. L. 97–17196 Stat. 67 Pub. L. 99–514, § 2100 Stat. 2095 Pub. L. 99–646, § 70100 Stat. 3617 Pub. L. 101–194, title IV, § 406103 Stat. 1753 Pub. L. 101–647, title XXXV, § 3510104 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, § 663118 Stat. 1974 Pub. L. 118–159, div. A, title V, § 568(b)138 Stat. 1906 (Added , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

section 501 of Title 26Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (f), is classified to , Internal Revenue Code.

Prior Provisions

act June 25, 1948, ch. 645 62 Stat. 693 Pub. L. 87–849A prior section 209, , , related to an offer of a bribe to a witness, prior to the general amendment of this chapter by and is substantially covered by section 201.

section 1914 of this titlePub. L. 87–849Provisions similar to those comprising this section were contained in prior to the repeal of such section and the general amendment of this chapter by .

Amendments

Pub. L. 118–1592024—Subsec. (h). inserted “, or a member of the Space Force,” after “a member of the reserve components of the armed forces”.

Pub. L. 108–3752004—Subsec. (h). added subsec. (h).

Pub. L. 107–2732002—Subsec. (a). , in second par., substituted “makes” for “or makes” and “supplements, the salary of any” for “supplements the salary of, any”.

Pub. L. 107–347Subsec. (g). added subsec. (g).

Pub. L. 103–3221994—Subsec. (d). struck out “the” before “chapter 41”.

Pub. L. 101–647Public Law 85–50772 Stat. 327 5 U.S.C. 2301–2311990—Subsec. (d). substituted “chapter 41 of title 5” for “Government Employees Training Act (, ; 9, )”.

Pub. L. 101–194section 216 of this title1989—Subsec. (a). substituted at end “Shall be subject to the penalties set forth in .” for “Shall be fined not more than $5,000 or imprisoned not more than one year, or both.”

Pub. L. 99–6461986—Subsec. (e). inserted “or, in the case of participants in overseas assignments, in excess of three hundred and sixty-five days”.

Pub. L. 99–514Subsec. (f). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

Pub. L. 97–1711982—Subsec. (f). added subsec. (f).

Pub. L. 96–1741979—Subsec. (e). added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–347section 402(a) of Pub. L. 107–347section 3601 of Title 44Amendment by effective 120 days after , see , set out as an Effective Date note under , Public Printing and Documents.

Effective Date

section 4 of Pub. L. 87–849section 201 of this titleSection effective 90 days after , see , set out as a note under .

Exemptions

section 1914 of this titlesection 2 of Pub. L. 87–849section 203 of this titleExemptions from former deemed to be exemptions from this section, see , set out as a note under .

Executive Documents

Promulgation of Regulations

section 7301 of Title 5Responsibility 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 , Government Organization and Employees.