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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August 18, 2005

05x4: Federal Advisory Committee Appointments

OGE provides guidance to ethics officials about distinguishing between special Government employees and representatives serving on Federal advisory committees.

August 18, 2005

DO-05-012: Federal Advisory Committee Appointments

OGE provides guidance to ethics officials about distinguishing between special Government employees and representatives serving on Federal advisory committees.

February 10, 2005

05x1: 18 U.S.C. § 208 and Development of Policy Options

The proposed work of a Government panel addressing policy options for tax reform does not constitute a particular matter for purposes of 18 U.S.C. § 208.

July 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.

July 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.

August 4, 2003

03x5: Appointment to Advisory Committee as “Representative” versus SGE

A special Government employee (SGE) serving on an advisory committee is subject to many of the Federal ethics laws and regulations, but a “representative” member of a committee is not.  Some provisions apply differently to SGEs than to “regular” employees or do not apply at all.

June 24, 1993

93x14: Status of Individuals Appointed to a Federal Advisory Committee

Individuals appointed to represent a group in an advisory role are not considered federal employees for purposes of the conflict of interest statutes. They are also not required to file financial disclosure forms.

December 10, 1992

92x25: Waivers Pursuant to 18 U.S.C. § 208(b)(3) for Members of Advisory Committees

Pre-meeting activities, such as reviewing written materials, by advisory committee members in preparation for a meeting might rise to the level of personal and substantial participation under 18 U.S.C. § 208(a). Waivers under 18 U.S.C. § 208(b)(3) must be granted prior to such participation by an advisory committee member.

October 27, 1988

88x16: Employee's Service on an Advisory Committee to a Private Entity

OGE analyzes whether an employee should serve on an advisory committee of a private entity that receives grants from the employee's agency.

July 9, 1982

82x22: Members of Federal Advisory Committees and the Conflict-of-Interest Statutes

OGE discusses (1) the background of the conflict-of-interest statutes, particularly 18 U.S.C. § 202(a); (2) the characteristics of advisory committee members who are SGEs, as distinguished from those who remain in private roles; and (3) the principles enunciated by the Federal Personnel Manual to the members of present or former advisory committees.

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