---
kind: "section"
citation: "41 U.S.C. § 2104"
title: "41"
title_heading: "Public Contracts"
number: "2104"
heading: "Prohibition on former official’s acceptance of compensation from contractor"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/41/2104"
units:
  - "Subtitle I — Federal Procurement Policy"
  - "Division B — Office of Federal Procurement Policy"
  - "Chapter 21 — Restrictions on Obtaining and Disclosing Certain Information"
---

# §2104. Prohibition on former official’s acceptance of compensation from contractor

- (a) **Prohibition.—** A former [official](/usc/41/2101.md?p=5) of a [Federal agency](/usc/41/2101.md?p=3) may not accept [compensation](/usc/41/4301.md?p=1) from a contractor as an employee, officer, director, or consultant of the contractor within one year after the [official](/usc/41/2101.md?p=5)—
  - (1) served, when the contractor was selected or awarded a contract, as the procuring [contracting officer](/usc/41/2101.md?p=1), the source selection authority, a member of the source selection evaluation board, or the chief of a financial or technical evaluation team in a procurement in which that contractor was selected for award of a contract in excess of $10,000,000;
  - (2) served as the program manager, deputy program manager, or administrative [contracting officer](/usc/41/2101.md?p=1) for a contract in excess of $10,000,000 awarded to that contractor; or
  - (3) personally made for the [Federal agency](/usc/41/2101.md?p=3) a decision to—
    - (A) award a contract, subcontract, modification of a contract or subcontract, or a task order or delivery order in excess of $10,000,000 to that contractor;
    - (B) establish overhead or other rates applicable to one or more contracts for that contractor that are valued in excess of $10,000,000;
    - (C) approve issuance of one or more contract payments in excess of $10,000,000 to that contractor; or
    - (D) pay or settle a claim in excess of $10,000,000 with that contractor.
- (b) **When Compensation May Be Accepted.—** [Subsection (a)](#a) does not prohibit a former [official](/usc/41/2101.md?p=5) of a [Federal agency](/usc/41/2101.md?p=3) from accepting [compensation](/usc/41/4301.md?p=1) from a division or affiliate of a contractor that does not produce the same or similar products or services as the entity of the contractor that is responsible for the contract referred to in paragraph [(1)](#a-1), [(2)](#a-2), or [(3)](#a-3) of subsection (a).
- (c) **Implementing Regulations.—** Regulations implementing this section shall include procedures for an [official](/usc/41/2101.md?p=5) or former [official](/usc/41/2101.md?p=5) of a [Federal agency](/usc/41/2101.md?p=3) to request advice from the appropriate designated agency ethics [official](/usc/41/2101.md?p=5) regarding whether the [official](/usc/41/2101.md?p=5) or former [official](/usc/41/2101.md?p=5) is or would be precluded by this section from accepting [compensation](/usc/41/4301.md?p=1) from a particular contractor.
- (d) **Persons Subject to Penalties.—** The following are subject to the penalties and administrative actions set forth in [section 2105 of this title](/usc/41/2105.md):
  - (1) A former [official](/usc/41/2101.md?p=5) who knowingly accepts [compensation](/usc/41/4301.md?p=1) in violation of this section.
  - (2) A contractor that provides [compensation](/usc/41/4301.md?p=1) to a former [official](/usc/41/2101.md?p=5) knowing that the [official](/usc/41/2101.md?p=5) accepts the [compensation](/usc/41/4301.md?p=1) in violation of this section.

## Source credit

(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3729.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 2104(a) | 41:423(d)(1). | Pub. L. 93–400, § 27(d), as added Pub. L. 100–679, § 6(a), Nov. 17, 1988, 102 Stat. 4063; Pub. L. 101–189, title VIII, § 814(a)–(d)(1), Nov. 29, 1989, 103 Stat. 1495; Pub. L. 101–510, title XIV, § 1484(l)(6), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 102–25, title VII, § 705(i), Apr. 6, 1991, 105 Stat. 121; Pub. L. 103–355, title VIII, § 8301(e), Oct. 13, 1994, 108 Stat. 3397; Pub. L. 104–106, title XLIII, § 4304(a), Feb. 10, 1996, 110 Stat. 660. |
| 2104(b) | 41:423(d)(2). |  |
| 2104(c) | 41:423(d)(5). |  |
| 2104(d) | 41:423(d)(3), (4). |  |