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 On occasion, OGE will add notes to past guidance documents when that guidance is updated or superseded by law, regulation, or subsequent OGE guidance.
12/09/1991
91x37: Application of 18 U.S.C. § 208 to an Employee
OGE discusses the application of 18 U.S.C. § 208 to an employee who both directly and indirectly acts on particular matters concerning a private contractor that would have a direct and predictable effect on the financial interest of his spouse, an employee and shareholder of the private contractor.
10/15/1991
91x36: Response to Concerns About the Financial Disclosure Rules
OGE responds to concerns about the burden of statutorily mandated financial disclosure on filers and discusses how such disclosure ensures a lower percentage of actual and perceived conflicts of interest.
10/11/1991
91x35: Applicability of the Honoraria Ban to Compensation for Teaching Continuing Legal Education Programs
OGE discusses the effect of the honoraria ban on an agency attorney's ability to teach non-traditional continuing legal education courses. [Note: The honoraria ban was subsequently held unconstitutional by the U.S. Supreme Court in
U.S. v. National Treasury Employees Union, 513 U.S. 454 (1995).]
09/05/1991
91x34: Pension Benefits and 18 U.S.C. § 208
OGE discusses the application of 18 U.S.C. § 208 to pension benefits currently held by an appointee, and the remedies (recusal or waiver) available to avoid a conflict of interest.
08/29/1991
91x33: Post-Government Employment Restrictions on Working on the Same Particular Matter Involving Specific Parties
OGE discusses the application of the permanent post-government employment ban found at 18 U.S.C. § 207 to an ongoing system procurement conducted by the General Services Administration (GSA).
08/29/1991
91x32: Applicability of the Honoraria Ban to Compensation for Part-Time Teaching
OGE discusses the effect of the honorarium ban on the acceptance of monetary payment for the teaching of a part-time course not related to the employee's official duties. [Note: The honoraria ban was subsequently held unconstitutional by the U.S. Supreme Court in
U.S. v. National Treasury Employees Union, 513 U.S. 454 (1995).]
08/20/1991
91x31: Executive Branch Employees and Service in Honorary Outside Positions
OGE gives advice on subsequently codified Standards of Ethical Conduct proscribing employee's use of public office for public gain.
08/19/1991
91x30: 18 U.S.C. § 208 Waivers
OGE discusses both individual and general waivers of the conflict of interest restrictions found at 18 U.S.C. § 208, and the inapplicability of such waivers to conflict of interest prohibitions found in individual agencies' enabling acts.
08/12/1991
91x29: In-Depth Analysis of the Application of 18 U.S.C. § 207 to a Senior Employee
OGE answers several questions relating to the application of 18 U.S.C. § 207 to the post-Government service activities of a former senior employee of the executive branch.
08/09/1991
91x28: Application of the Standards of Conduct to Raffles and Games-of-Chance Held on Government Property
OGE discusses whether a raffle may be held on Government property if the proceeds will be donated to a charitable organization or to an employee welfare and recreation association. [Refers to 5 C.F.R. Part 735]
08/02/1991
91x27: Applicability of the Honoraria Ban to Compensation for Writing a Book
OGE provides guidance on the effect of the honoraria ban on the acceptance of compensation for writing non-fiction books as well as the permissibility of diverting honoraria to a charitable entity in lieu of personal acceptance. [Note: The honoraria ban was subsequently held unconstitutional by the U.S. Supreme Court in
U.S. v. National Treasury Employees Union, 513 U.S. 454 (1995).]
07/22/1991
91x26: Appearance of Conflict Arising from Proposed Private Sale of Agency Advisory Opinions
OGE agrees with an agency's implementation of the Standards of Conduct to bar an employee from selling a computer software package of the agency's advisory opinions he created on his own time, as such outside activity would constitute an appearance of a conflict of interest.
07/22/1991
91x25: Meaning of the Term "Procurement Official"
OGE advises that the term "procurement official" found at 41 U.S.C. § 423(p)(3) (Procurement Integrity Act) likely does not extend to a business entity, such as a corporation, but rather only to individuals.
07/17/1991
91x24: Continuance of a Particular Matter in Another Form
18 U.S.C. § 207 barred an employee from representing his employer (company B) on a contract to the Government. The employee had worked personally and substantially on the contract with company A while a Government employee, The contract was later assigned to company B. The particular matter continued through both an amendment and a party change.
07/09/1991
91x23: General Discussion of the Honoraria Ban and Compensation for Writing Books
OGE provides a general overview of the honoraria ban and its effect on employees who may wish to write books. [Note: The honoraria ban was subsequently held unconstitutional by the U.S. Supreme Court in
U.S. v. National Treasury Employees Union, 513 U.S. 454 (1995).]
07/08/1991
91x22: Appearance Concerns Raised by Supervisor Entering into Landlord-Tenant Relationship with Subordinate
OGE addresses an agency’s question about whether a Government employee may live with, and pay rent to, another Government employee who works in the same agency and is within the first employee's area of supervision.
07/02/1991
91x21: Deferred Law Associates and 18 U.S.C. §§ 208 and 209
Graduates who accept employment with the Federal Government during the period of their deferral from employment with private law firms have an agreement concerning prospective employment for purposes of 18 U.S.C. § 208. The deferral payments the graduates receive would not be made to compensate them for services as Federal employees.
07/01/1991
91x20: Applicability of the Honoraria Ban to Compensation for Writing Fiction Short Stories
The honoraria ban does not prohibit an employee from receiving compensation for writing short stories that are works of fiction and certain other activities. [Note: The honoraria ban was subsequently held unconstitutional by the U.S. Supreme Court in
U.S. v. National Treasury Employees Union, 513 U.S. 454 (1995).]
06/24/1991
91x19: Placing Honoraria into Escrow Accounts Pending Outcome of Litigation
Pending the outcome of litigation, it is permissible for an employee to ask a person who has agreed to pay him an honorarium to establish an escrow account with provision for payment of the honorarium in the event of a final decision. [Note: The honoraria ban was subsequently held unconstitutional by the U.S. Supreme Court in
U.S. v. National Treasury Employees Union, 513 U.S. 454 (1995).]
05/29/1991
91x18: Extensions for Filing the Public Financial Disclosure Report
OGE explains the extension periods available for the SF 278.
05/17/1991
91x17: Ethics Restrictions Applicable to Special Government Employees
A special Government employee (SGE) who serves in a volunteer capacity as the executive director of a nonprofit, tax-exempt educational organization is subject to several restrictions on his participation in agency matters pertaining to the non-profit.
05/13/1991
91x16: Determining Who Must File a Public Financial Disclosure Report
The Ethics in Government Act requires agencies to use a pay rate equivalency to determine who outside the General Schedule meets the threshold for filing public financial disclosure reports (SF 278).
05/02/1991
91x15: Employee's Failure to Pay Debts
The issue of an employee not satisfying his or her just debts in good faith is a personnel matter and must be resolved by the employee's agency rather than OGE.
04/19/1991
91x14: 18 U.S.C. § 208 and National Guard Members
In his civilian life, a National Guard pilot was a stockholder and president of a company that provided refueling services at airports. OGE analyzes whether he would violate 18 U.S.C. § 208 if he were to refuel at an airport served by his company.
04/11/1991
91x13: Applicability of the Honoraria Ban to Compensation for Teaching a Series of Seminars
OGE discusses whether the application of the honoraria ban would prohibit a Federal employee from accepting compensation for teaching a series of three-day seminars on a particular topic sponsored and funded by a state university.
04/09/1991
91x12: Certificates of Divestiture and Property in Employer Benefit Plans
Usually, OGE will not issue a certificate of divestiture for property held in an employee benefit plan. The employee must demonstrate that the interests are not eligible for rollover treatment.
04/04/1991
91x11: Employee's Prosecution of Patent Applications for Private Parties
Although the prosecution by a Government employee of a patent application for a private party for compensation is generally subject to the prohibition of 18 U.S.C. § 203, the prohibition will not apply if the employee is a special Government employee (SGE). This opinion also addresses the status of military reservists as SGEs.
03/15/1991
91x10: Agency Acceptance of Travel Reimbursement from Another Agency
An agency may accept reimbursement of the travel expenses incurred by its employees to attend training provided by a second agency. Because the reimbursement is paid to the agency and not to the employees, the standards of conduct are not directly applicable. [cites former 5 C.F.R. part 735]
02/22/1991
91x9: Acceptance of Food and Drink From a Prohibited Source
A private sector attorney who represented clients before a Government agency was a prohibited source. In the absence of an exception, employees of the agency should not accept food or drink at these parties. [cites former 5 C.F.R. part 735]
02/21/1991
91x8: Applicability of the Honoraria Ban to Compensation for Services as Ordained Minister
OGE discusses the application of the honoraria ban in the Ethics Reform Act of 1989 to activities of a Government employee who, in his personal capacity, served as an ordained minister. [Note: The honoraria ban was subsequently held unconstitutional by the U.S. Supreme Court in
U.S. v. National Treasury Employees Union, 513 U.S. 454 (1995).]
01/30/1991
91x7: Relationship Between Procurement Integrity Act Gift Prohibitions and Agency Standards of Conduct Prohibitions
Procurement officials are subject to both the procurement integrity gift prohibitions at 41 U.S.C. § 423 and agency standards of conduct prohibitions on gifts from prohibited sources.
01/28/1991
91x6: General Discussion of the Honoraria Ban
OGE addresses the question about the application of the honoraria ban contained within the Ethics Reform Act of 1989. [Note: The honoraria ban was subsequently held unconstitutional by the U.S. Supreme Court in
U.S. v. National Treasury Employees Union, 513 U.S. 454 (1995).]
01/22/1991
91x5: Service by a Government Employee as an Officer in an Association
An employee's position with a private association created the appearance of a conflict of interest in light of his Government responsibilities as a technical assistance officer providing assistance to organizations, including the association.
01/18/1991
91x4: Discussion of Concerns Raised about the Honoraria Ban
OGE addresses complaints of an educational institution about the honoraria ban. [Note: The honoraria ban was subsequently held unconstitutional by the U.S. Supreme Court in
U.S. v. National Treasury Employees Union, 513 U.S. 454 (1995).]
01/09/1991
91x3: Limitation on Outside Activities
OGE summarizes the statutes and regulations that should be considered in determining whether Government employees may participate in certain activities of a bar association subcommittee.
01/04/1991
91x2: Bonus Payments from a Private Sector Employer and 18 U.S.C. § 209
A Government employee may accept bonus payments from a private sector employer if she would receive them at a time when she was not a Government employee.
01/02/1991
91x1: Post-Government Work as an Interpreter
By taking certain precautions, a former employee may serve as a translator between a representative of a Government agency and claimants who do not speak English.