- OGE >
- Ethics Guidance >
- DAEOgrams
![OGE Logo and Address: U.S. Office of Government Ethics, 1201 New York Ave., NW, Suite 500, Washington, DC 20005-3917](https://webarchive.library.unt.edu/eot2008/20090114035040im_/http://www.usoge.gov/images/oge_ltr_hd.gif)
August 13, 1998
DO-98-023
MEMORANDUM
TO: Designated Agency Ethics Officials
FROM: Stephen D. Potts
Director
SUBJECT: Regulatory Removal of Honoraria Rules
At 62 Fed. Reg. 48746-48748 of September 17, 1997, the Office
of Government Ethics published minor amendments to the standards of
ethical conduct (5 C.F.R. part 2635). Those amendments removed
references to the former honoraria ban (5 U.S.C. app., § 501(b)),
which was declared inoperative in 1996 by the Department of
Justice. See DAEOgram DO-96-012 of February 28, 1996. The
amendments also made several technical cleanup changes, such as
removing superseded provisions about previously grandfathered
agency rules on outside employment and prohibited financial
interests; updating citations to the statute on procurement
integrity; and adding new cross-references to the rules
implementing 18 U.S.C. § 208 at 5 C.F.R. part 2640.
A follow-up rulemaking, published at 63 Fed. Reg. 43067-43069
(August 12, 1998), has now completed the process of eliminating
obsolete rules concerning the former honoraria ban, by amending
references and text throughout 5 C.F.R. part 2636 and by entirely
removing subpart B of part 2636, effective immediately. Subpart B
had contained substantive provisions interpreting the honoraria ban
for the executive branch. It had also implemented for the
executive branch the supplemental disclosure requirements of the
financial disclosure statute at 5 U.S.C. app., § 102(a)(1)(A), for
certain payments to charitable organizations in lieu of honoraria,
though the effective date for that section of the regulation had
been deferred indefinitely.
The supplemental disclosure portion of subpart B for SF 278
filers that was removed by this rulemaking is being preserved in
capsule form as part of the overall financial disclosure rules at
5 C.F.R. part 2634. It will, however, be stayed and remain
dormant, pending further review of its legal viability. We will,
of course, advise the ethics community of any decision to activate
this supplemental disclosure provision.