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 On occasion, OGE will add notes to past guidance documents when that guidance is updated or superseded by law, regulation, or subsequent OGE guidance.
12/23/1996
DO-96-053: Final Rule on 18 U.S.C. § 208
OGE issues final rule describing circumstances under which the prohibitions contained in 18 U.S.C. § 208(a) would be waived.
11/06/1996
96x22: Regulations Applicable to Federal Employee Working on Presidential Campaign
OGE discusses the ethics regulations that apply in the case of a Federal employee, who is a high-ranking official of a department, and who works for a presidential campaign on issues related to his department's program.
11/05/1996
96x21: Application of 18 U.S.C. § 207
OGE discusses whether an employee's proposed post-employment activities would implicate the restriction of 18 U.S.C. § 207(a)(1).
10/31/1996
96x20: When a Discount is Not a Gift
A "discount" on automobile insurance offered to those who were a GS-11 or above was not a gift within the meaning of the Standards of Conduct. The discount is based on actuarial statistics demonstrating that the cost of providing insurance to those in the discount group is less than the cost of providing insurance to others.
10/18/1996
96x19: 18 U.S.C. § 207 Exemption for Representations on Behalf of Indian Tribes
The primary statute applicable to negotiating for future employment by an executive branch official is 18 U.S.C. § 208. The post-employment restrictions of 18 U.S.C. § 207 contains an exemption from the application of its restrictions for representations made on behalf of Indian tribes. [Note: Executive Order 12834, referenced in this letter, has been revoked.]
10/16/1996
DO-96-038: Renewal of OGE 201 (Revised) and SF 278
OGE obtained OMB approval for renewal for three years of a revised OGE Form 201 (July 1996 edition) and an unmodified SF 278.
10/02/1996
DO-96-037: Interim Rule for Hatch Act Amendments
OGE publishes interim rule making technical amendments to various sections of the Standards of Conduct so that they conform with the Hatch Act Reform Amendments of 1993 (HARA). These changes do not purport to provide substantive guidance as to the HARA.
09/17/1996
96x18: Golf Tournaments Held Simultaneously with a Conference
OGE addresses the ethics issues raised by the participation of executive branch employees in a golf tournament that was held simultaneously with an annual conference of Federal Government employees.
09/05/1996
DO-96-036: Final Rule for "Widely Attended Gatherings"
OGE published a final rule to revise the widely attended gatherings gift exception at 5 C.F.R. § 2635.204(g). One of the amendments provides that agencies can authorize their employees to accept gifts of free attendance at widely attended gatherings from persons other than the sponsors of the event.
08/23/1996
96x17: Relationship among 5 U.S.C. § 3110, 18 U.S.C. § 208, and E.O. 12674
Section 101 (h) and (n) of E.O. 12674 does not conflict with 5 U.S.C. § 3110 (the nepotism statute) or 18 U.S.C. § 208. Spouses could work in the same office, but one spouse could not hire the other spouse to work there, or even recommend the other spouse for promotion.
08/21/1996
96x16: Amendments to 18 U.S.C. § 205 and 18 U.S.C. § 207
The amendment to section 205 allows employees to represent certain nonprofit organizations before the Government, and the amendment to section 207 added an exception allowing former high-level officials to represent certain candidates.
08/21/1996
DO-96-034: Amendments to 18 U.S.C. § 205 and 18 U.S.C. § 207
The amendment to section 205 allows employees to represent certain nonprofit organizations before the Government, and the amendment to section 207 added an exception allowing former high-level officials to represent certain candidates.
08/02/1996
96x15: Request for Waiver to 18 U.S.C. § 207(c) Restrictions for Reinstated Employee
OGE's Director determined that although a full year had passed between the employee's improper retirement and reinstatement, the situation did not qualify the employee for a waiver from 18 USC 207 restrictions, and the OGE determined that a waiver should not be used to mitigate the consequences of the previous, improper action.
08/02/1996
96x14: Applicability of 18 U.S.C. § 207(c) to Detailee from State University
OGE determined that agency supplemental pay combined with pay from the university triggered the threshold to make the employee a "senior employee" subject to 18 U.S.C. § 207(a). [See IPA at 5 U.S.C. §§ 3371-3376]. OGE also discussed whether certain activities were therefore restricted under 18 U.S.C. § 207 and 5 C.F.R. Part 2637.
07/10/1996
96x13: Employee's Representation of Client Before Federal Agency
OGE determined that the former employee was barred from representing an individual before a Federal agency because his involvement in the matter while a government employee, while not time consuming, could be interpreted as "substantial" for purposes of 18 U.S.C. § 207.
07/05/1996
96x11: 18 U.S.C. § 205 and Lawsuit by Employee Acting Pro Se
By appealing a decision in favor of the agency, the employee took a position contrary to his agency, and the agency claimed this action violated 18 U.S.C. § 205 and the agency's own ethics regulations. OGE determined the individual was not necessarily representing an intervening plaintiff in the suit, nor did the employee violate the current standards of conduct.
07/05/1996
96x12: Request for Waiver of 18 U.S.C. § 207(a) and (c) Restrictions
Under 5 CFR 2637, an agency may only submit such a waiver if the former employee's involvement in the matter for the private employer is needed on a continuous and comprehensive basis. The OGE determined, based on the employee's experience and expertise and anticipated work, that such a waiver could be granted.
06/17/1996
DO-96-031: Preparing to Use OGE Form 450
OGE provides guidance on when to disclose underlying holdings on the OGE Form 450 for mutual funds, pensions, and similar investments.
06/06/1996
DO-96-030: Extension of Temporary Waiver from Restrictions of 18 U.S.C. § 207(c) and (f)
OGE extends the temporary waiver of the restrictions in 18 U.S.C. § 207(c) and (f) so that it will remain effective through October 31, 1996, or until the effective date of any remedial legislation, whichever occurs earlier.
06/04/1996
DO-96-029: Standardizing Alternative to Annual Confidential Financial Disclosure Reports
OGE asks agencies to respond to survey about the usefulness of a standardized "certificate of no new interests" as an alternative to an annual OGE Form 450.
04/25/1996
96x10: Divestiture of Prohibited Holdings by Spouse
OGE determined that assets controlled solely by a spouse could be considered financial interests for a government employee that would trigger the appearance of or actual conflicts of interest, and could require divestiture.
04/10/1996
96x9: Effect of 5 C.F.R. Part 2635 on All Prior Agency Standards of Conduct Regulations and Policies
The specific policy in dispute was dress code policy, which the OGE said was not abolished when the Standards of Ethical Conduct were passed in February, 1993.
04/04/1996
96x8: Applicability of One-Year Ban of 18 U.S.C. § 207(c)
The OGE determined based on information provided, that the former employee could represent private clients before the agency. The OGE found that rules requiring a cooling off period did not apply to the employee.
03/27/1996
96x7: Post-Government Employment Bar under 18 U.S.C. § 207(a)(1)
The OGE determined that for purposes of 18 U.S.C. § 207, an organization's study and agency A and B's rule making were part of the same mandate, and thus were part of the same particular matter. The OGE also concluded the employee's participation was personal and substantial.
03/19/1996
96x6: Position with Private Partisan Organization
The ethics laws and regulations do not preclude an employee from serving in a leadership position with a private partisan organization provided the employee does not take actions while serving that violate an ethics provision, such as 18 U.S.C. § 205.
02/28/1996
96x4: Qualified Diversified Trust (Blind Trust)
An executive branch employee who has a qualified diversified trust (a blind trust) under the Ethics in Government Act may not instruct the independent trustee of the trust to sell all equity positions and invest in bonds.
02/28/1996
96x5: Honoraria Ban Declared Unenforceable
The Office of Legal Counsel of DOJ issued an opinion stating that the recent Supreme Court decision in NTEU v. U.S. made the statutory prohibition on honoraria unenforceable. Other restrictions remain in effect.
02/28/1996
DO-96-012: Honoraria Ban Declared Unenforceable
The Office of Legal Counsel of DOJ issued an opinion stating that the recent Supreme Court decision in NTEU v. U.S. made the statutory prohibition on honoraria unenforceable. Other restrictions remain in effect.
02/27/1996
DO-96-011: New OGE Form 450 (1996 Edition)
OGE issues the new OGE Form 450, Confidential Financial Disclosure Report. This form replaces the SF 450.
02/08/1996
96x3: Confidential Financial Disclosure Reporting
OGE responds to an executive branch employee's complaints that the confidential financial disclosure system is arbitrary, dangerous, and intrusive.
02/01/1996
DO-96-007: 1994 Conflict of Interest Prosecution Survey
1994 Conflict of Interest Prosecution Survey
01/29/1996
DO-96-006: New Reporting Categories for SF 278
Section 20 of the Lobbying Disclosure Act of 1995 (Pub. L. 104-65) amended the Ethics in Government Act of 1978 to require new categories of amount or value on public financial disclosure reports for assets, income and liabilities exceeding $l million (except for interests of a spouse or dependent child, unless jointly held with the filer). This applies to all SF 278 reports filed on or after January 1, 1996.
01/26/1996
96x2: Fundraising in Official Capacity
Absent express authority, a member of an executive branch commission may not engage in official fundraising for a private nonprofit organization.
01/19/1996
96x1: Agency Authority Regarding Investigations and Corrective Action for Ethics Violations
An agency has authority under 5 C.F.R. § 2635.106(b) to take corrective action for ethics violations by its employees. An agency must look to its own regulations for authority to conduct investigations into ethics violations.
01/11/1996
DO-96-002: Post-Employment Pledge Required by E.O. 12834 (Clinton Administration)
The Counsel to President Clinton confirmed that Executive Order 12834 did not apply to employees paid at level 4 of the Senior Executive Service (SES). [Note: Executive Order 12834 has been revoked.]
01/04/1996
DO-96-001: Short-Term Waiver under 18 U.S.C. § 207(c)(2)(C)
Temporary waiver extends to employees whose basic rate of pay on December 28, 1995 was less than that of the rate of basic pay payable for level V of the Executive Schedule and as a direct result of EO 12984 but who would have their basic rate of pay increased to an amount equal to or greater than the rate of basic pay for level V of the ES.