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Defense Logistics Agency

 Office of the General Counsel

 Ethics/Standards of Conduct

NON-SENIOR EMPLOYEE POST-GOVERNMENT

EMPLOYMENT RESTRICTIONS

PURPOSE: This document summarizes the Government ethics rules which may impose certain

restrictions on your employment after departure from the Department of Defense (DoD). 

APPLICATION: For Military Personnel E-1 through O-6 and Civilian Personnel whose rate of 

base pay is less than 86.5% of the rate for Executive Schedule Level II (less than $166,340 in 

2019) who receive their ethics guidance from the Standards of Conduct Office (SOCO) and who 

are planning to leave Government service. 

LEGAL NOTICE: This information merely identifies statutes and regulations that restrict or

otherwise affect activities of DoD personnel after they leave Government service. Because 

restrictions are dependent on specific facts, and because this information is a summary of the 

rules, DLA personnel should contact Office of General Counsel at (571) 767-6060 to discuss 

their particular situation. DLA personnel served by other MSC legal offices should consult with 

their ethics officials. You may also consult with your personal attorney. 

Advice from ethics officials with respect to these matters is advisory only, and is provided in 

accordance with 5 C.F.R. § 2635.107 and 41 U.S.C. § 2104 (Procurement Integrity Act). Ethics 

officials are acting on behalf of the United States Government, and not as your personal 

representative. No attorney-client relationship is created. 

I. REPRESENTATIONAL RESTRICTIONS AFTER LEAVING DOD (18 U.S.C. § 207)

A. Personal Participation: Lifetime Representational Ban

SIMPLIFIED RULE: After you leave Government service, you may not represent

someone else to the Government regarding particular matters that you worked on while in 

Government service. 

RULE: A former Government officer or employee may not knowingly, with the intent 

to influence, make any communication to or appearance before an employee of the Executive or 

Judicial branches of the U.S. Government, on behalf of another person or entity in connection 

with a particular matter involving a specific party or parties, in which the officer or employee 

participated personally and substantially while employed as a Government employee and in 

which the United States is a party or has a direct and substantial interest. 18 U.S.C. § 207(a) (1). 
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This rule does not apply to former military enlisted personnel. 

Definitions: 

• Particular Matter: Matters that involve deliberation, decision, or action that is

focused on the interests of specific persons or a discrete and identifiable class of

persons. These matters may include a contract, claim, application, judicial, or

other proceeding, request for a ruling or other determination, controversy,

investigation, or charge. A particular matter could even include legislation or

policy-making that is narrowly focused on the interests of a discrete and

identifiable group of parties or organizations, e.g., DoD policy affecting only

military aircraft manufacturers.

• Specific Parties: For this statute, particular matters must also involve specific

parties. This means that identifiable parties exist. For example, a procurement

may be a particular matter, but it might not become one involving “specific

parties” until the first bid is received.

• Personal participation means that you are directly participating in the matter or

that one or more of your subordinates, whom you are directing, is participating.

• Substantial participation means your participation must be of significance to the

matter, which may be based on the amount and importance of your effort. One

act, such as approving a critical step, may be substantial. Likewise, if you have to

review and approve a certain step, and work would stop if you did not approve,

then your participation is substantial, even though it may have seemed like a

paperwork exercise to you. On the other hand, an entire series of peripheral acts

might not be substantial.

If you merely have knowledge of the matter, routine or superficial involvement, or 

involvement on a peripheral or administrative issue, you are not substantially involved. 

If you are not involved in the substantive merits, you may not be substantially involved, 

even though you put a lot of time into the matter. If you are merely responsible for 

reviewing the matter for compliance with administrative or budgetary considerations, you 

are also not substantially involved. 

This ban remains for the lifetime of the particular matter. 

B. Official Responsibility: 2 Year Representational Ban

SIMPLIFIED RULE: For 2 years after leaving Government service, you may not

represent someone else to the Government regarding particular matters that you did not work on 

yourself, but were pending under your responsibility during your last year of Government 

service.

RULE: For two years after the termination of Government service, a former 

Government officer or employee may not knowingly, with the intent to influence, make any 

communication to or appearance before an employee of the Executive or Judicial branches of the 

U.S. Government, on behalf of another person or entity in connection with a particular matter 

involving a specific party or parties, in which the United States is a party or has a direct and 

substantial interest, and which the officer or employee knows or reasonably should know was 

actually pending under his or her official responsibility within their last year of Government 
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service.18 U.S.C. § 207(a) (2). This rule does not apply to former military enlisted personnel. 

Definition: Official responsibility means direct administrative or operating authority to 

approve, disapprove, or otherwise direct, Government actions. It includes a supervisor at any 

level having responsibility for the actions of a subordinate employee who actually participates in 

a matter.

Although you may have been disqualified from personally acting on a particular matter 

during your last year in the Government, this section of the statute will still apply to you if the 

particular matter was still under your official responsibility during that period. 

Example: Because you owned stock in IBM, you were disqualified from reviewing a 

particular contract with IBM, which was reviewed by one of your subordinates during 

your last year in the Government. Under this statute, because the particular matter was 

under your responsibility during your last year of service, you are prohibited from 

representing others regarding that contract. 

C. Trade or Treaty Assistance: 1 Year Representational Ban

SIMPLIFIED RULE: For 1 year after leaving Government service, you may not aid,

advise, or represent someone else regarding trade or treaty negotiations that you worked on 

during your last year of Government service. 

RULE: For a period of 1 year after leaving Government service, former employees or 

officers may not knowingly represent, aid, or advise someone else on the basis of covered 

information, concerning any ongoing trade or treaty negotiation in which the employee 

participated personally and substantially in his or her last year of Government service. 18 U.S.C. 

§ 207(b).

Definitions: 

• Trade negotiations are those undertaken pursuant to the Omnibus Trade and

Competitiveness Act of 1988 (19 U.S.C. § 2902). Treaties are international

agreements that require the advice and consent of the Senate.

• Covered information means agency records accessible to the employee but

exempt from disclosure under the Freedom of Information Act.

Exceptions to Representational Bans 

There are exceptions to the restrictions of 18 U.S.C. § 207. For additional details, please 

consult an ethics counselor for specific guidance. 

Common exceptions include: 

• Acting on behalf of yourself

• Acting on behalf of the U.S. Government.

• Aiding, advising, and representing certain international organizations with prior

Secretary of State certification.
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• Making statements based on special knowledge, if unpaid.

• The lifetime representational ban does not apply to communications that furnish

scientific or technological information with prior, published certification by the

Secretary of Defense.

• There are special rules regarding testimony under oath.

D. Penalties and Injunctions

A violation may subject you to imprisonment for not more than 5 years, a criminal or

civil fine, and a court order prohibiting you from engaging in the conduct in the future. 

II. PROHIBITED COMPENSATION

RULE: After you leave Government service, you may not accept compensation for 

representational services, which were provided by anyone while you were a Government 

employee, before a Federal agency or court regarding particular matters in which the 

Government was a party or had a substantial interest. This prohibition may affect personnel who 

leave the Government and share in the proceeds of the partnership or business for 

representational services that occurred before the employee terminated Federal service. 

(Examples: Lobbying, consulting, and law firms). 18 U.S.C. § 203. This is separate and distinct 

from the procurement related compensation restrictions. This rule does not apply to former 

military enlisted personnel.

III. RESTRICTIONS FOR RETIRED MILITARY PERSONNEL AND RESERVISTS

A. Foreign Employment

SIMPLIFIED RULE: Unless you receive prior authorization from your Service

Secretary and the Secretary of State, you may forfeit your military pay during the time you 

perform services for a foreign government. 

RULE: The Emoluments Clause of the U.S. Constitution prohibits retired military 

personnel and reservists from receiving pay from Foreign Governments without Congressional 

authorization. This may extend to receipt of pay from a U.S. contractor or subcontractor for 

providing services to a Foreign Government and profit sharing at any commercial firm or 

business. In 37 U.S.C. § 908, Congress authorizes the Secretary of State and Secretary of the 

appropriate Military Department to approve such receipt of pay. Each Military Service has 

implementing procedures for the approval process. The penalty for violating the Emoluments 

Clause is suspension of retired military pay during the period of the violation. 

Foreign Governments may include educational and commercial entities that are 

substantially owned or controlled by foreign governments. 
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B. Employment During Terminal Leave

RULES:

1. Holding a civil office in state or local government: While on active duty (including

terminal leave) military officers are prohibited by 10 U.S.C. § 973(b) from holding a "civil 

office" with a state or local government.

2. Civilian position in the U.S. Government: Military personnel on terminal leave are

authorized to accept a career or non-career civilian position in the U.S. Government and receive 

the pay and allowances of that position as well as their military pay and allowances. (5 U.S.C. § 

5534a) 

3. Remember that while on terminal leave, you are still an active-duty service member,

and the restrictions that apply to you while on active duty still apply. For example: 

• Restrictions on political activities.

• Outside employment: If you are currently required to obtain permission prior to

engaging in outside employment, that requirement will most likely carry over to

you during terminal leave. Check with your supervisor.

4. Restriction on representing others to the Federal Government: During terminal leave,

you may not receive compensation for the representation of anyone before an agency or court of 

the Federal Government on a matter in which the United States is a party or has a substantial 

interest. This prohibition applies whether you provide representation yourself or you share in 

compensation from someone else's representation. 18 U.S.C. § 203. You also may not represent 

anyone before an agency or court of the Federal Government, with or without compensation, on 

a matter in which the United States is a party or has a substantial interest. 18 U.S.C. § 205. For 

military officers working on terminal leave, this means you may not interact or appear on behalf 

of your post-military employer before Federal employees – whether or not in a Federal 

workplace. Being present in Government offices on behalf of a contractor inherently is a 

representation. Military officers on terminal leave may work for the contractor, but only "behind 

the scenes" at a contractor office or otherwise away from the Federal workplace. Enlisted 

members are not subject to 18 U.S.C. §§ 203 or 205. 

5. Prohibition on working for a foreign principal: Over and above the restriction of

receiving compensation from a foreign government, there is also a specific prohibition of a 

public official from being or acting as an agent of a foreign principal required to register under 

the Foreign Agents Registration Act of 1938 (expanding the restriction beyond foreign 

governments to include persons and corporations (18 U.S.C. § 219)). 

IV. REQUIREMENT TO REQUEST AN OPINION

If you will be receiving compensation from a defense contractor within two years of 

leaving DoD, you are required to request a written opinion regarding the applicability of the 

post-employment restrictions to the activities you undertake on behalf of the defense contractor. 

This requirement applies to any employee who participated personally and substantially in an 

acquisition with a value in excess of $10M and who serves or served in: (1) an Executive 
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Schedule position; (2) a Senior Executive Service position; (3) a general or flag officer position; 

or (4) in the position of program manager, deputy program manager, procuring contracting 

officer, administrative contracting officer, source selection authority, member of the source 

selection evaluation board, or chief of a financial or technical evaluation. You must obtain this 

written opinion prior to accepting compensation from the contractor. 

V. LOBBYING BAN FOR OUTGOING POLITICAL APPOINTEES

Executive Order 13770, the Trump Pledge, governs post-government employment 

lobbying activities for all departing political appointees. Once you leave Federal service, you 

may not within 5 years after the termination of your employment as an appointee in any 

executive branch agency engage in lobbying activities1 with respect to that agency. 

Upon leaving Government service, you cannot engage in lobbying activities with respect 

to any political appointees or military members ranked at 0-7 and above throughout the 

Executive Branch for the remainder of the Trump administration. 

Once you (as a Trump Pledge signer) leave Federal service, you may not engage in any 

activity on behalf of a Foreign Government or Foreign Political party which would require you 

to register under the Foreign Agents Registration Act of 1938. 

For more LDA guidance about what is lobbying and what requires registration, contact 

the Secretary of the U.S. Senate or the Clerk of the U.S. House of Representatives. See

http://www.senate.gov/legislative/Public_Disclosure/LDA_reports.htm and 

http://lobbyingdisclosure.house.gov/ (respectively).

VI. ADMINISTRATIVE REMINDERS

A. Financial Disclosure Report: DoD personnel who have been filing a Public

Financial Disclosure Report must file a final report not later than the 30 days after termination. 

If, within that period, you accept another U.S. Government position subject to the filing 

requirement, no final report is required. You should give your new ethics official a copy of your 

last report. If you file more than 30 days late, you are subject to a $200 late filing fee. In 

addition, if you knowingly and willfully fail to file this report, we must refer your name to the 

Attorney General, who may sue you in U.S. District Court and subject you to substantial civil 

penalties.

B. Use of Nonpublic Information: Even though you have left Government service, you

still may not use nonpublic information to further your own private interests, or those of another, 

including your subsequent employer. Nonpublic information includes classified information, 

source selection data, information protected by the Privacy Act, proprietary information, 

information protected by the Trade Secrets Act, and other information that has not been made 

available to the public and is exempt from disclosure. 

1 Lobbying contacts and any efforts in support of such contacts, including preparation or planning activities, 

research, and other background work that is intended, at the time of its preparation, for use in contacts, and 

coordination with the lobbying activities of others.
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C. If You Accepted a Buy-Out: If you accepted a buy-out or separation payment, you

have re-employment restrictions. Please contact your personnel office if you are unsure of those 

measures.

D. Questions? Please call if you have questions, even after you leave Government

service, please call the DLA Office of General Counsel: (571) 767-6060. We would much rather 

talk to you before you take action, than read adverse reports about you (from the IG or in the 

media) after you have taken the action. 

Thank you for your service to our country. 

Rev. 6/8/2020