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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March 9, 2007

07x6: Acceptance of Cash Award from Program Administered by Non-Federal Entity

OGE provides guidance on whether receipt of cash awards by Government employees under an awards program administered by a non-federal entity is permissible under the gift rules.

May 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.

May 27, 2004

Attachment to DO-04-011: Statement on Consulting Arrangements and Outside Awards

The attachment, DO-04-011A, is the statement of the Acting Director before the Subcommittee on Oversight and Investigations of the House Committee on Energy and Commerce.  It contains a discussion of the Office of Government Ethics (OGE) awards rule, 5 C.F.R. § 2635.204(d), as well as a discussion of various rules governing outside consulting activities.

May 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.

March 23, 1993

93x9: Application of Honoraria Ban to Compensation Received for Trial Testimony

The OGE stated that since the honoraria ban was statutorily created by Congress, and did not include certain exceptions for teaching, speaking and writing outside of a federal employees official capacity (though many criticized this lack of exception), the employee was required to return an honoraria he received.

February 26, 1992

92x7: Non-Monetary Honorary Awards

The incidental presentation of two non-monetary honorary awards by a university to Federal employees was unlikely to violate the gift regulations that were found in the new proposed Standards of Ethical Conduct at 5 C.F.R. part 2635. [cited former 5 C.F.R. part 735]

January 2, 1992

92x1: Honoraria Ban and Cash Award for a Research Paper

The award of a prize for winning a competition does not fall within the meaning of a payment for an appearance, speech or article. (Note: the honoraria ban was subsequently held to be unconstitutional by the U.S. Supreme Court.)

Topics: Awards & Honors
September 30, 1985

85x16: Sponsorship of a Government Awards Program by Private Organization

The organization could host a separate banquet honoring the recipients of the awards because as 26 U.S.C. § 501(c)(3) organization, it could under 5 U.S.C. § 4111, offer such an honor to each employee.  Each employee's agency wound need to determine under 5 C.F.R. Part 410.705 if its employees could attend.

July 26, 1983

83x11: Employee's Acceptance of Gifts from an Organization Directly Affected by his Agency

An employee of an agency would be prohibited by the agency's standards of conduct relating to the acceptance of gifts from receiving a cash public service award from an organization which was directly affected by action taken by the agency. [cites former 5 C.F.R. § 735.202]

July 21, 1983

83x10: Application of 18 U.S.C. § 209 to Receipt of Awards by Government Officials

There is no requisite intent to compensate an official for official duties and therefore no violation of 18 U.S.C. § 209 in the bestowal upon a Government official of a bona fide award for public service or other meritorious service.

Topics: Awards & Honors

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