§281. Restrictions on retired military officers regarding certain matters affecting the Government

(a)(1) A retired officer of the Armed Forces who, while not on active duty and within two years after release from active duty, directly or indirectly receives (or agrees to receive) any compensation for representation of any person in the sale of anything to the United States through the military department in which the officer is retired (in the case of an officer of the Army, Navy, Air Force, or Marine Corps) or through the Department of Transportation (in the case of an officer of the Coast Guard) shall be fined under this title or imprisoned not more than two years, or both.

(2) Any person convicted under paragraph (1) shall be incapable of holding any office of honor, trust, or profit under the United States.

(b) A retired officer of the Armed Forces who, while not on active duty and within two years after release from active duty, acts as agent or attorney for prosecuting or assisting in the prosecution of any claim against the United States-

(1) involving the military department in which the officer is retired (in the case of an officer of the Army, Navy, Air Force, or Marine Corps) or the Department of Transportation (in the case of an officer of the Coast Guard); or

(2) involving any subject matter with which the officer was directly connected while in an active-duty status;

shall be fined under this title or imprisoned not more than one year, or both.

(c) This section does not apply-

(1) to any person because of the person's membership in the National Guard of the District of Columbia; or

(2) to any person specifically excepted by law.

(Added Pub. L. 100–180, div. A, title VIII, §822(b)(1), Dec. 4, 1987, 101 Stat. 1132 .)

Prior Provisions

A prior section 281, acts June 25, 1948, ch. 645, 62 Stat. 697 ; May 24, 1949, ch. 139, §6, 63 Stat. 90 , which related to compensation to Members of Congress, officers and others in matters affecting the Government, was repealed by Pub. L. 87–849, §§2, 4, Oct. 23, 1962, 76 Stat. 1126 , eff. 90 days after Oct. 23, 1962, which repeal continued limited applicability to retired officers of the Armed Forces of the United States. Pub. L. 100–180, div. A, title VIII, §822(a), Dec. 4, 1987, 101 Stat. 1132 , repealed such prior section 281 to the extent that it had not been repealed by section 2 of Pub. L. 87–849.

Such prior section 281 was supplanted by section 203 of this title.

Suspension of Effect of Section

Pub. L. 103–355, title VI, §6001(b), Oct. 13, 1994, 108 Stat. 3362 , provided that: "Section 281 of title 18, United States Code, shall not be effective during the period beginning on the date of the enactment of this Act [Oct. 13, 1994] and ending at the end of December 31, 1996. Such section shall not apply after that date to any relationship otherwise punishable under such section that existed during such period."

Pub. L. 101–510, div. A, title VIII, §815(a)(3), Nov. 5, 1990, 104 Stat. 1597 , provided that this section shall have no force or effect during the period beginning on Dec. 1, 1990, and ending on May 31, 1991.

Pub. L. 101–194, title V, §507(3), Nov. 30, 1989, 103 Stat. 1760 , provided that this section had no force or effect during the period beginning on Dec. 1, 1989, and ending one year after such date.