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. On occasion, OGE will add notes to past guidance documents when that guidance is updated or superseded by law, regulation, or subsequent OGE guidance.
11/16/2004
04x16: Disclosure of Assets of a Spouse and Dependents
OGE discussed the justification and requirements for financial disclosure of assets of a spouse or dependent and reviewed the three-pronged test for non-disclosure of an interest in property held by a spouse or dependent child.
10/05/2004
04x15: Office of Legal Counsel Opinion on 18 U.S.C. § 207(f)
The Office of Legal Counsel issues an opinion concluding that section 207(f) covers representational contacts with Members of Congress.
10/05/2004
DO-04-031: Office of Legal Counsel Opinion on 18 U.S.C. § 207(f)
The Office of Legal Counsel issues an opinion concluding that section 207(f) covers representational contacts with Members of Congress.
09/21/2004
04x14: Justification for Certificates of Divestiture
OGE’s director must determine that divestiture of an asset is “reasonably necessary” to comply with federal conflict of interest rules or is at the request of a Congressional committee as a condition of confirmation. The Director may not grant a Certificate of Divestiture merely because divestiture of some property may create cost, tax, or diversification issue.
09/20/2004
04x13: Detailed Summary of Seeking Employment
OGE provides a detailed summary of the provisions governing seeking employment in Subpart F of 5 CFR Part 2635 (implementing 18 U.S.C. § 208 and the broader restriction imposed by section 101(j) of Executive Order 12674).
09/20/2004
DO-04-029: Seeking Employment
This memorandum summarizes the ethical requirements apply to employees before they leave Government and while they are still seeking future employment.
09/09/2004
04x12: Elements of 18 U.S.C. § 205(a)(2)
OGE offered guidance about 18 U.S.C. § 205(a)(2) to assist a DC Assistant General Counsel with the interpretation of 18 U.S.C. § 205(b)(2). 18 U.S.C. § 205(a)(2) requires that an employee’s activity be representational, before a specified entity, and in relation to a covered matter in which the U.S. is a party or has a direct and substantial interest.
07/29/2004
04x11: Summary of 18 U.S.C. § 207
OGE issues a summary of 18 U.S.C. § 207 that reflects the amendments to the statute made by the E-Government Act of 2002 and the National Defense Authorization Act for Fiscal Year 2004.
07/29/2004
DO-04-023: Summary of 18 U.S.C. § 207
This is OGE's 2004 summary of 18 U.S.C. § 207 that reflects the amendments to the statute made by the E-Government Act of 2002 and the National Defense Authorization Act for Fiscal Year 2004.
07/20/2004
04x10: Definition of "Covered Noncareer Employee"
OGE determined that the Executive Director of an agency was not a "covered noncareer employee" as defined in 5 C.F.R. § 2636.303(a). The Executive Director position was not a policy-making position nor did it involve a close and confidential working relationship with key appointed officials within the meaning of 5 C.F.R. § 213.3301.
07/19/2004
04x9: SGEs and Representatives on Federal Advisory Committees
OGE discusses the role of agency ethics officials in relation to the designation of advisory committee members as special Government employees (SGEs) or representatives. Many procedures would establish a close working relationship between the two groups to ensure that appropriate member status designations are being made and that SGEs are receiving guidance about ethics laws.
07/19/2004
DO-04-022: SGEs and Representatives on Federal Advisory Committees
OGE discusses the role of agency ethics officials in relation to the designation of advisory committee members as SGEs or representatives. Many procedures would establish a close working relationship between the two groups to ensure that appropriate member status designations are being made and that SGEs are receiving guidance about ethics laws.
07/07/2004
04x8: Train Ridership Program for Law Enforcement Personnel
Personnel participating in the Maryland Department of Transportation “Sworn Officer Program,” which offered free commuter service to certain law enforcement personnel in exchange for security-related services, must comply with any prior approval requirements for outside activities. The free transportation is not considered a gift subject to 5 C.F.R. part 2635.
07/07/2004
DO-04-020: Train Ridership Program for Law Enforcement Personnel
Personnel participating in the Maryland Department of Transportation “Sworn Officer Program,” which offered free commuter service to certain law enforcement personnel in exchange for security-related services, must comply with any prior approval requirements for outside activities. The free transportation is not considered a gift subject to 5 C.F.R. part 2635.
07/06/2004
04x7: Gift Exception Inapplicable to “Pro Sales” Discount Offer
Government employees who use outdoor clothing and gear in the course of their Federal employment may not accept retail discounts from merchants of such clothing and gear. The gift would not have been offered but for the duties associated with the employee’s particular position, thus the offer fell within the general gift prohibits of 5 C.F.R. § 2635.202.
07/06/2004
DO-04-019: 2003 Conflict of Interest Prosecution Survey
2003 Conflict of Interest Prosecution Survey
06/24/2004
04x6: Ethics Laws and Regulations Apply to Government Employees During Furlough Periods
Because they continue to meet the definition of “employee” in 5 C.F.R. § 2635.102(h), furloughed employees must comply with OGE and agency-specific rules pertaining to outside employment and activities (18 U.S.C. § 203 & 205), and refrain from representing others before the Federal government or supplementing their salary (18 U.S.C. § 207).
06/01/2004
04x5: 18 U.S.C. § 208 Recusal Obligations and Screening Arrangements
Recusals are required when an employee is 1) prohibited from participating personally and substantially in a matter by 18 U.S.C. § 208; 2) chooses or is directed not to participate in a matter involving specific parties under 5 C.F.R. § 2635.502; or 3) receives an extraordinary payment from a former employer under 5 C.F.R. § 2635.503. [The guidance in this advisory was updated in 2014 by
Legal Advisory LA-14-06.]
06/01/2004
DO-04-012: Effective Screening Arrangements for Recusal Obligations
This memorandum reiterates some of the relevant principles set forth in DO-99-018, and identifies some screening arrangement guidelines that agencies should consider. A model screening arrangement is attached. [The guidance in this advisory was updated in 2014 by
Legal Advisory LA-14-06.]
05/27/2004
04x4: Awards and Outside Consulting Activities
OGE addressed whether and under what circumstances the head of an agency component may accept an award from a source doing business anywhere in the agency. OGE also discussed lecture awards and when an outside consulting arrangement is consistent with ethical requirements in 5 C.F.R. § 2635.702.
05/27/2004
DO-04-011: Awards and Outside Consulting Activities
OGE addressed whether and under what circumstances the head of an agency component may accept an award from a source doing business anywhere in the agency. OGE also discussed lecture awards and when an outside consulting arrangement is consistent with ethical requirements in 5 C.F.R. § 2635.702.
04/19/2004
04x3: Public Financial Disclosure and Outside Activities
OGE indicated it would not approve a proposed supplemental regulation that conditioned the permissibility of an outside activity upon the public disclosure of the activity or of any income earned from the activity.
02/25/2004
04x2: Disclosure of TIAA-CREF Retirement Plans and Mutual Funds
Financial Disclosure report filers must list all the underlying mutual funds they hold in their retirement plans. Therefore, filers must fully disclose the fund names of all TIAA-CREF funds in which they have invested. All TIAA-CREF funds currently meet the 5 CFR 2634 definition of Excepted Investment Fund.
01/07/2004
04x1: Gifts of Meals from a Prospective Government Contractor
The Standards of Conduct contain no regulatory exception that would permit a senior procurement official and his spouse to accept a meal from a company for the purpose of discussing the company’s future business opportunities with the official’s department. He may accept a meal that has a value of $20 or less ($50 per year per source).