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Operating Status: OGE is affected by the lapse in appropriations.

To learn more, read our lapse plan here. Under the plan, OGE continues the “administration of the nominee public financial disclosure program, and reviewing and issuing Certificates of Divestiture (CD) for Presidentially appointed, Senate -confirmed (PAS) and Presidentially appointed (PA) officials.”

Related Guidance for Federal Employees:
LA-18-16: Ethics Laws and Regulations Continue to Apply to Federal Government Employees during Furlough Periods
LA-19-01 : Ethics Guidance for Employees in Non-Pay Status During a Lapse in Appropriations
This FAQ provides guidance for those employees who participated in the Deferred Resignation Program or who are in other extended leave status.



41 Op. O.L.C. slip op.: Who Qualifies as a “Very Senior” Employee Under 18 U.S.C. § 207(d)(1)(B)

January 19, 2017

Section 207(d)(1)(B) of title 18 encompasses any Executive Branch employee who receives a rate of basic pay of exactly the amount payable for level I of the Executive Schedule, regardless of whether the employee’s pay is required to be set at level I by law or is set at level I by administrative action. An employee’s “rate of pay” in section 207(d)(1)(B) refers to the employee’s rate of basic pay, exclusive of any other forms of compensation such as bonuses, awards, allowances, or locality-based comparability payments.

https://www.justice.gov/olc/file/1078066/download