April 19, 1994
                                   DO-94-018


MEMORANDUM

TO:       Designated Agency Ethics Officials, General Counsels
          and Inspectors General

FROM:     Stephen D. Potts                                        
          Director

SUBJECT:  Honoraria


     On April 18, 1994, the Supreme Court granted the petition for
certiorari filed by the Department of Justice asking the Court to
review the decision of the Court of Appeals for the District of
Columbia Circuit in NTEU v. United States, 990 F.2d 1271 (D.C. Cir.
1993).  The effect of this decision is that the Supreme Court will
hear the NTEU case.  The parties will file their briefs during the
summer and oral argument before the Court will probably take place
during the Court's fall term, which begins in October.  The Court
is likely to issue its decision from two to eight months after it
hears oral argument.

     In the interim,  the Justice Department's enforcement policy
remains as outlined in our DAEOgram of February 2, 1994.  Even if
the Supreme Court eventually reverses the decision of the Court of
Appeals striking down the honoraria ban as applied to executive
branch employees, the Justice Department will not request remedies
under 5 U.S.C. App. § 504 with respect to executive branch
employees who receive honoraria between September 28, 1993, when
the mandate of the Court of Appeals issued, and the date on which
the Supreme Court issues its decision in this case.