Legal Advisories

The Legal Advisories page contains the DAEOgrams on substantive ethics issues published by OGE from 1992 to 2010, the Advisory Opinions published by OGE from 1979 to 2010, and the Legal Advisories, which OGE began publishing in 2011.

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January 3, 2014

LA-14-01 Pay Adjustments to Ethics Provisions for Calendar Year 2014

This Legal Advisory discusses changes to the statutory pay-level thresholds for certain purposes under the Ethics in Government Act and 18 U.S.C. § 207(c).  The Legal Advisory also provides the relevant threshold amounts.

June 8, 2012

LA-12-03: Annual Update of 18 U.S.C. § 207(c) Component Designations

OGE asks each agency to forward to OGE its annual letter stating whether its components that are currently designated should remain designated for purposes of 18 U.S.C. § 207(c). Any request to modify the existing list of components should be submitted in accordance with regulatory procedures.

June 25, 2008

DO-08-020: Final Post-Employment Rule

OGE issues the final post-government employment rule, to be codified in 5 C.F.R. Part 2641.

October 4, 2006

06x9: 'Particular Matter Involving Specific Parties,' 'Particular Matter,' and 'Matter'

OGE discusses the meaning of and the distinctions among the terms "particular matter involving specific parties," "particular matter," and "matter" as used in the criminal conflict of interest statutes and regulations.

October 4, 2006

DO-06-029: 'Particular Matter Involving Specific Parties,' 'Particular Matter,' and 'Matter'

OGE discusses the meaning of and the distinctions among the terms "particular matter involving specific parties," "particular matter," and "matter" as used in the criminal conflict of interest statutes and regulations.

March 30, 2006

06x5: Denial of Request for Ad Hoc Exemption from One-Year Cooling-Off Period in 18 U.S.C. § 207(c)

OGE discusses the extent of its authority to waive the application of the one-year cooling-off period to a particular position or category of positions. OGE denied the request for a waiver to permit former senior employees to make representational contacts with current employees of their former agencies who happen to be on detail to another agency.

October 16, 2002

02x10: Application of 18 U.S.C. § 207(a)(2)

Under 18 U.S.C. § 207(a)(2) a matter was actually pending as a particular matter involving specific parties under a former employee's official responsibility before he terminated his position.  A particular matter involving specific parties may be pending in an agency prior to the filing of an actual application for some kind of Federal action.

February 24, 1998

98x4: Post-Government Employment Provisions (18 U.S.C. § 207(c)) Applied to Agency Components

Employee was a senior employee by reason of 18 U.S.C. § 207(c)(2)(A)(i), because she was employed in a position paid under the Executive Schedule, despite continuing to receive pay under the SES. Therefore, her former agency under 18 U.S.C. § 207(c) and EO 12834 is all of the agency, as the component designation under section 207(h) doesn't apply.

November 24, 1997

97x16: Post-Employment Restrictions; Senior Employees; 18 U.S.C. § 207(c)

OGE did not create an exception to 18 U.S.C. § 207(c) for a new director position within an agency because that agency did not provide sufficient evidence to show that the imposition of section 207(c) would cause undue hardship within the meaning of section 207(c)(2)(C)(i).

December 22, 1992

92x28: Exception to the One-Year Representational Bar ('Cooling-Off Period') of 18 U.S.C. § 207(c)

Eligible former senior employees may engage in representational activities before a component of their former department or agency if that component has been designated by the Director of OGE pursuant to 18 U.S.C. § 207(h) as a separate agency or bureau within the department or agency.

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