Post Government Service Employment Restriction Counseling (18 U. S. C Element 51 (page 210)

Enabling Objectives Define Post Government Service Employment Restriction Counseling Identify who is affected by Post-Government employment restrictions Discuss details and timelines of Post-Government employment restrictions Discuss potential penalties for breach of restrictions Summary and Questions

What is Post Government Service Employment Restriction Counseling? It is a mandatory counseling for all DoD personnel who leave Military Service for the private sector that provide guidance on the relevant pre-post-employment restrictions.

Why is this important to me? There are laws that may affect the pre- and post- employment activities of separating or retiring military members and civilian employees, including restrictions that apply to: •Job-hunting or seeking employment •Post-government employment

Who is subject to Post-Government employment restrictions? Military Personnel E-1 through 0-6 and Civilian Personnel not members of the Senior Executive Service (SES). The Senior Executive Service (SES) is a position classification in the civil service of the United States federal government, somewhat similar to general officer or flag officer ranks in the U.S. Armed Forces.

Personal Lifetime Ban Post-service individuals may not represent a third party regarding matters in which they were personally involved to any government entity or official. These restrictions apply only when the matter is a “particular matter involving specific parties.” Examples of particular matters involving specific parties include contracts, cases, claims, investigations, grants, and other matters focused on identified parties. You may not, on the behalf of someone else, try to influence any government agency, officer or employee concerning a matter in which you personally worked on during your military service at any time … forever.

Two-Year Ban Post-service individuals may not represent a third party regarding matters that fell under their area of responsibility during their last year in service to any government entity or official.

Trade or Treaty 1-Year Ban Post-service individuals may not aid, advise, or represent any third party regarding any trade agreement or treaty negotiation in which the individual was involved during their last year of service. For instance, if you were in charge of or working closely with closing trade deal with a foreign country prior to your retirement. You then leave the military to immediately become a consultant on foreign policy and development to a major manufacturer to basically build facilities in the country of concern.

Compensation for representation to the Government by others After leaving government service, individuals may not accept compensation for representational services. This includes retired government official (including enlisted members receiving retired or retainer pay) from receiving gifts or engaging in employment with a foreign government

What are the penalties for violating these restrictions? Civil penalties: up to $50,000 for each violation or the amount which the person received or offered for the violation, whichever is greater. Non-willful violation: up to one year in prison and/ or a civil penalty. Willful violation: up to five years in prison and/ or a civil penalty. SEAL Matt Bissonnette – No Easy Day – Bin Laden Raid - forfeited $6.8 million in book royalties and speaking fees and apologized for failing to clear his disclosures with the Pentagon forfeited $180,000 in fees for consulting work that he did for military contractors while he was still on the SEAL team TOTAL LOSS – almost $7 million https://youtu.be/oA-eLrG_Fyc

Keep your benefits, you earned them! 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. NOTE: Remember that while on terminal leave, you are still an active-duty servicemember, and the restrictions that apply to you while on active duty still apply. For example: Restrictions on political activities. Rule of Thumb: 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.

Resources Region Legal Service Office (RLSO) 9620 Maryland AVE Norfolk, VA 23511 (757) 341-4489 www.jag.navy.mil

Summary There are certain activities former government service members are prohibited to as a new employee for a different employer. This is mandatory for all separating service members.

Questions