POST GOVERNMENT SERVICE EMPLOYMENT RESTRICTION COUNSELING Element 51
Purpose Explain the mandatory Post Government Employment Briefing for Transitioning Service Members
Enabling Objectives 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
Who is subject to Post-Government employment restrictions? Per Title 18 U.S.C 207 and 203, Federal employees in positions considered to be “Senior,” or “Very Senior” are subject to restrictions post-separation (Commissioned Officers) Additional restrictions to be discussed….
What sort of employment activities are prohibited? 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. 2 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. 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.
What sort of employment activities are prohibited? (Continued) Compensation for representation to the Government by others – After leaving government service, members may not accept compensation for representational services provided while in Federal service. Additionally, the Constitution restricts any retired government official (including enlisted members receiving retired or retainer pay) from receiving gifts or engaging in employment with a foreign government No title of nobility shall be granted by the United States: And no person holding any office or profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. Bullet 1. example – retire in JUL, but receive an annual from civilian employer in DEC for a govt contract Bullet 2 example – self explanatory
What are the penalties for violating these restrictions? Up to $50,000 in fines And/or up to five years in prison for each violation For ALL retiring military personnel: Improper engagement in employment with, or acceptance of gifts from, a foreign government may be grounds for forfeiture of retired pay. Separating Commissioned Officers are required to receive briefings from Staff Judge Advocate or ethics official regarding Post-government restrictions. If in doubt, seek legal counsel! 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 Idiot.
You’ve earned a lot of benefits from Military Service… So do don’t lose it at the finish line.
Resources: References: Base Legal Office JAG Title 18 U.S.C. Sections 203, 207, and 216 Title 5 C.F.R. Part 2641 U.S. Constitution Article I, Section 9, cl. 8.
Fin.