Employment Restrictions After Leaving the Military
Post Government (Military) Service Employment Restriction Counseling should be completed
during the transition process. You will be informed about this requirement when
completing your DD Form 2648, “Pre-Separation Counseling Checklist.”
Post government (military) employment restriction information will be provided by the Military
Services as appropriate. Transition/Command Career Counselors shall refer separating and
retiring Service members to an installation legal office (Staff Judge Advocate or Counselor's
Office) to ensure they receive a post government (military) employment restrictions briefing,
counseling or appropriate information from an ethics official.
Additional information about employment restrictions after leaving the military is provided
below.
Personal Lifetime 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: Former service members may not knowingly make a communication or
appearance on behalf of any other person, with the intent to influence, before any officer or
employee of any Federal agency or court in connection with a
particular matter in which the officer or employee
personally and substantially participated, which involved a
specific party at the time of the participation and representation, and in which the U.S.
is a party or has a direct and substantial interest. (18 U.S.C. 207(a) (1))
This rule does not apply to former military enlisted personnel.
Official Responsibility 2 Year 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 a period of 2 years after termination of Government service, former
Government officers and employees may not knowingly make a communication or appearance on behalf of
any other person, with the intent to influence, before any officer or employee of any Federal
agency or court, in connection with a particular matter which the employee reasonably should have
known was actually pending under his or her
official responsibility within 1 year before the employee left Government service, which
involved a specific party at that time, and in which the U.S. is a party or has a direct and
substantial interest. (18 U.S.C. 207(a) (2)) (This rule does not apply to former military
enlisted personnel.)
Trade or Treaty 1 Year 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 last year of Government service. (18 U.S.C. 207(b)) (This rule does
not apply to former military enlisted personnel.)
Compensation for Representation to the Government By Others
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 rule does not apply to former enlisted military
personnel.)
Additional Restrictions for Retired Military Personnel and Reservists
SIMPLIFIED RULE: Foreign Employment - 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 U.S. Constitution prohibits retired military personnel and
reservists from receiving pay from
foreign governments without Congressional authorization. This can extend to receipt
of pay from a U.S. contractor or subcontractor for providing services to a foreign
government. 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 directives. Retired personnel and reservists who violate this Constitutional
proscription may forfeit pay equal in amount to their foreign pay.
Employment By DoD: To avoid the appearance of favoritism, 5 U.S.C. 3326
prohibits the appointment of retired military personnel to civil service positions (including a
non-appropriated fund activity) in any DoD component for 6 months after retirement. (This restriction has been temporarily waived during the current national emergency
following the attacks of 9/11).
The Secretary concerned may waive this prohibition. However, DoD Directive 1402.1
requires the Secretary concerned to conduct intensive external recruitment before granting the
waiver.
Employment During Terminal Leave
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.
Civilian position in the U.S. Government: Military personnel on terminal
leave are authorized to accept a 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)
Note: Please 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.
Restriction on representing others to the Federal Government: You may not
represent anybody outside the Government to the Government on any particular matter involving the
Government. Military officers working on terminal leave (like all Federal employees) are
prohibited by
18 USC 205 and
18 USC 203 from
representing their new employer to the Government. In almost every case, this precludes a member
from interacting or appearing in the Federal workplace as a contractor. Being present in Government
offices on behalf of a contractor inherently is a representation. Of course, military officers on
terminal leave may begin work with the contractor, but only "behind the scenes" at a contractor
office or otherwise away from the Government workplace.
Enlisted members are not subject to 18 USC 203 or 205.
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, partnerships, and corporations (18 U.S.C. 219).
Date Last Reviewed: September 28, 2011
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