Page 65 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 208 

‘‘(C) If a person fails to file any report in accordance 

with subparagraphs (A) and (B), the President shall revoke the waiver and shall notify the person of the revocation. The revocation shall take effect upon the person’s receipt of the notification and shall remain in effect until the report is filed. 

‘‘(D) Any person who is granted a waiver under this 

subsection shall be ineligible for appointment in the 

civil service unless all reports required of such person 

by subparagraphs (A) and (B) have been filed. 

‘‘(E) As used in this subsection, the term ‘civil service’ has the meaning given that term in section 2101 of 

title 5.’’ 

EFFECTIVE DATE OF 1978 AMENDMENT 

Section 503 of Pub. L. 95–521, which provided that the 

amendments made by section 501 (amending this section) shall become effective on July 1, 1979, was amended generally by Pub. L. 101–194, title VI, § 601(a), Nov. 

30, 1989, 103 Stat. 1761, and is now set out in the Appendix to Title 5, Government Organization and Employees. 

Section 502 of Pub. L. 95–521, which provided that the 

amendments made by section 501 (amending this section) shall not apply to those individuals who left Government service prior to the effective date of such 

amendments (July 1, 1979) or, in the case of individuals 

who occupied positions designated pursuant to section 

207(d) of title 18, United States Code, prior to the effective date of such designation; except that any such individual who returns to Government service on or after 

the effective date of such amendments or designation 

shall be thereafter covered by such amendments or designation, was amended generally by Pub. L. 101–194, 

title VI, § 601(a), Nov. 30, 1989, 103 Stat. 1761, and is now 

set out in the Appendix to Title 5. 

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. 

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. 

TRANSFER OF FUNCTIONS 

Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 

423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced 

by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth 

Congress, Jan. 4, 1995. 

AGENCIES WITHIN EXECUTIVE OFFICE OF PRESIDENT 

For provisions relating to treatment of agencies 

within the Executive Office of the President as one 

agency under subsec. (c) of this section, see Ex. Ord. 

No. 12674, § 202, Apr. 12, 1989, 54 F.R. 15160, as amended, 

set out as a note under section 7301 of Title 5, Government Organization and Employees. 

EXEMPTIONS 

Exemptions from former section 284 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. 

§ 208. Acts affecting a personal financial interest 

(a) Except as permitted by subsection (b) hereof, whoever, being an officer or employee of the 

executive branch of the United States Government, or of any independent agency of the 

United States, a Federal Reserve bank director, 

officer, or employee, or an officer or employee of 

the District of Columbia, including a special 

Government employee, participates personally 

and substantially as a Government officer or 

employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or 

other proceeding, application, request for a ruling or other determination, contract, claim, 

controversy, charge, accusation, arrest, or other 

particular matter in which, to his knowledge, 

he, his spouse, minor child, general partner, organization in which he is serving as officer, director, trustee, general partner or employee, or 

any person or organization with whom he is negotiating or has any arrangement concerning 

prospective employment, has a financial interest— 

Shall be subject to the penalties set forth in 

section 216 of this title. 

(b) Subsection (a) shall not apply— 

(1) if the officer or employee first advises the 

Government official responsible for appointment to his or her position of the nature and 

circumstances of the judicial or other proceeding, application, request for a ruling or other 

determination, contract, claim, controversy, 

charge, accusation, arrest, or other particular 

matter and makes full disclosure of the financial interest and receives in advance a written 

determination made by such official that the 

interest is not so substantial as to be deemed 

likely to affect the integrity of the services 

which the Government may expect from such 

officer or employee; 

(2) if, by regulation issued by the Director of 

the Office of Government Ethics, applicable to 

all or a portion of all officers and employees 

covered by this section, and published in the 

Federal Register, the financial interest has 

been exempted from the requirements of subsection (a) as being too remote or too inconsequential to affect the integrity of the services of the Government officers or employees 

to which such regulation applies; 

(3) in the case of a special Government employee serving on an advisory committee within the meaning of the Federal Advisory Committee Act (including an individual being considered for an appointment to such a position), 

the official responsible for the employee’s appointment, after review of the financial disclosure report filed by the individual pursuant to 

the Ethics in Government Act of 1978, certifies 

in writing that the need for the individual’s 

services outweighs the potential for a conflict 

of interest created by the financial interest involved; or 

(4) if the financial interest that would be affected by the particular matter involved is 

that resulting solely from the interest of the 

officer or employee, or his or her spouse or 

minor child, in birthrights— 

(A) in an Indian tribe, band, nation, or 

other organized group or community, including any Alaska Native village corporation as 

defined in or established pursuant to the 

Alaska Native Claims Settlement Act, which 
§ 208 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 66 

is recognized as eligible for the special programs and services provided by the United 

States to Indians because of their status as 

Indians, 

(B) in an Indian allotment the title to 

which is held in trust by the United States 

or which is inalienable by the allottee without the consent of the United States, or 

(C) in an Indian claims fund held in trust 

or administered by the United States, 

if the particular matter does not involve the 

Indian allotment or claims fund or the Indian 

tribe, band, nation, organized group or community, or Alaska Native village corporation 

as a specific party or parties. 

(c)(1) For the purpose of paragraph (1) of subsection (b), in the case of class A and B directors 

of Federal Reserve banks, the Board of Governors of the Federal Reserve System shall be 

deemed to be the Government official responsible for appointment. 

(2) The potential availability of an exemption 

under any particular paragraph of subsection (b) 

does not preclude an exemption being granted 

pursuant to another paragraph of subsection (b). 

(d)(1) Upon request, a copy of any determination granting an exemption under subsection 

(b)(1) or (b)(3) shall be made available to the 

public by the agency granting the exemption 

pursuant to the procedures set forth in section 

105 of the Ethics in Government Act of 1978. In 

making such determination available, the agency may withhold from disclosure any information contained in the determination that would 

be exempt from disclosure under section 552 of 

title 5. For purposes of determinations under 

subsection (b)(3), the information describing 

each financial interest shall be no more extensive than that required of the individual in his 

or her financial disclosure report under the Ethics in Government Act of 1978. 

(2) The Office of Government Ethics, after consultation with the Attorney General, shall issue 

uniform regulations for the issuance of waivers 

and exemptions under subsection (b) which 

shall— 

(A) list and describe exemptions; and 

(B) provide guidance with respect to the 

types of interests that are not so substantial 

as to be deemed likely to affect the integrity 

of the services the Government may expect 

from the employee. 

(Added Pub. L. 87–849, § 1(a), Oct. 23, 1962, 76 Stat. 

1124; amended Pub. L. 95–188, title II, § 205, Nov. 

16, 1977, 91 Stat. 1388; Pub. L. 101–194, title IV, 

§ 405, Nov. 30, 1989, 103 Stat. 1751; Pub. L. 101–280, 

§ 5(e), May 4, 1990, 104 Stat. 159; Pub. L. 103–322, 

title XXXIII, §§ 330002(b), 330008(6), Sept. 13, 1994, 

108 Stat. 2140, 2143.) 

REFERENCES IN TEXT 

The Federal Advisory Committee Act, referred to in 

subsec. (b)(3), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 

as amended, which is set out in the Appendix to Title 

5, Government Organization and Employees. 

The Ethics in Government Act of 1978, referred to in 

subsecs. (b)(3) and (d)(1), is Pub. L. 95–521, Oct. 26, 1978, 

92 Stat. 1824, as amended. For complete classification of 

this Act to the Code, see Short Title note set out under 

section 101 of Pub. L. 95–521 in the Appendix to Title 5 

and Tables. 

The Alaska Native Claims Settlement Act, referred 

to in subsec. (b)(4)(A), is Pub. L. 92–203, Dec. 18, 1971, 85 

Stat. 688, as amended, which is classified generally to 

chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For 

complete classification of this Act to the Code, see 

Short Title note set out under section 1601 of Title 43 

and Tables. 

PRIOR PROVISIONS 

A prior section 208, act June 25, 1948, ch. 645, 62 Stat. 

693, related to the acceptance of solicitation of a bribe 

by a judicial officer, prior to the general amendment of 

this chapter by Pub. L. 87–849 and is substantially covered by revised section 201. 

Provisions similar to those comprising this section 

were contained in section 434 of this title prior to the 

repeal of such section and the general amendment of 

this chapter by Pub. L. 87–849. 

AMENDMENTS 

1994—Subsec. (b)(4). Pub. L. 103–322, §330008(6), inserted ‘‘if’’ after ‘‘(4)’’. 

Subsec. (c)(1). Pub. L. 103–322, §330002(b), substituted 

‘‘banks’’ for ‘‘Banks’’. 

1990—Subsec. (a). Pub. L. 101–280, §5(e)(2), made technical correction to directory language of Pub. L. 

101–194, §405(1)(C). See 1989 Amendment note below. 

Subsec. (b)(2). Pub. L. 101–280, §5(e)(1)(A), substituted 

‘‘subsection (a)’’ for ‘‘paragraph (1)’’. 

Subsec. (b)(3). Pub. L. 101–280, § 5(e)(1)(B), struck out 

‘‘section 107 of’’ after ‘‘individual pursuant to’’. 

Subsec. (d)(1). Pub. L. 101–280, § 5(e)(1)(C), amended 

par. (1) generally. Prior to amendment, par. (1) read as 

follows: ‘‘A copy of any determination by other than 

the Director of the Office of Government Ethics granting an exemption pursuant to subsection (b)(1) or (b)(3) 

shall be submitted to the Director, who shall make all 

determinations available to the public pursuant to section 105 of the Ethics in Government Act of 1978. For 

determinations pursuant to subsection (b)(3), the information from the financial disclosure report of the officer or employee involved describing the asset or assets 

that necessitated the waiver shall also be made available to the public. This subsection shall not apply, 

however, if the head of the agency or his or her designee determines that the determination under subsection (b)(1) or (b)(3), as the case may be, involves 

classified information.’’ 

1989—Subsec. (a). Pub. L. 101–194, § 405(1), as amended 

by Pub. L. 101–280, §5(e)(2), inserted ‘‘or’’ after ‘‘United 

States Government,’’ and ‘‘an officer or employee’’ before ‘‘of the District of Columbia’’, substituted ‘‘general partner’’ for ‘‘partner’’ in two places, and substituted ‘‘Shall be subject to the penalties set forth in 

section 216 of this title’’ for ‘‘Shall be fined not more 

than $10,000, or imprisoned not more than two years, or 

both’’. 

Subsec. (b). Pub. L. 101–194, §405(2), added subsec. (b) 

and struck out former subsec. (b), which read as follows: ‘‘Subsection (a) hereof shall not apply (1) if the 

officer or employee first advises the Government official responsible for appointment to his position of the 

nature and circumstances of the judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter and makes 

full disclosure of the financial interest and receives in 

advance a written determination made by such official 

that the interest is not so substantial as to be deemed 

likely to affect the integrity of the services which the 

Government may expect from such officer or employee, 

or (2) if, by general rule or regulation published in the 

Federal Register, the financial interest has been exempted from the requirements of clause (1) hereof as 

being too remote or too inconsequential to affect the 

integrity of Government officers’ or employees’ services. In the case of class A and B directors of Federal 

Reserve banks, the Board of Governors of the Federal 

Reserve System shall be the Government official responsible for appointment.’’ 
Page 67 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 209 

Subsecs. (c), (d). Pub. L. 101–194, § 405(2), added subsecs. (c) and (d). 

1977—Subsec. (a). Pub. L. 95–188, §205(a), extended 

conflicts of interest prohibition to a Federal Reserve 

bank director, officer, or employee. 

Subsec. (b). Pub. L. 95–188, §205(b), inserted at end ‘‘In 

the case of class A and B directors of Federal Reserve 

banks, the Board of Governors of the Federal Reserve 

System shall be the Government official responsible for 

appointment.’’ 

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 434 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. 

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. 

DELEGATION OF AUTHORITY 

Authority of the President under subsec. (b) of this 

section to grant exemptions or approvals to individuals 

delegated to agency heads, see section 401 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. 

Authority of the President under subsec. (b) of this 

section to grant exemptions or approvals for Presidential appointees to committees, commissions, 

boards, or similar groups established by the President, 

and for individuals appointed pursuant to sections 105 

and 107(a) of Title 3, The President, delegated to Counsel to the President, see section 402 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. 

‘‘PARTICULAR MATTER’’ DEFINED 

Pub. L. 100–446, title III, §319, Sept. 27, 1988, 102 Stat. 

1826, which provided that notwithstanding any other 

provision of law, for the purposes of this section ‘‘particular matter’’, as applied to employees of the Department of the Interior and the Indian Health Service, 

means ‘‘particular matter involving specific parties’’, 

was repealed by Pub. L. 101–194, title V, §505(b), Nov. 30, 

1989, 103 Stat. 1756, as amended by Pub. L. 101–280, §6(c), 

May 4, 1990, 104 Stat. 160. 

Similar provisions were contained in Pub. L. 100–202, 

§101(g) [title III, §318], Dec. 22, 1987, 101 Stat. 1329–213, 

1329–255. 

§ 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 sixtyfive 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, § 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, § 2, Oct. 22, 1986, 100 Stat. 2095; 

Pub. L. 99–646, § 70, Nov. 10, 1986, 100 Stat. 3617; 

Pub. L. 101–194, title IV, § 406, Nov. 30, 1989, 103