August 28, 1998
DO-98-024
MEMORANDUM
TO: Designated Agency Ethics Officials
FROM: Stephen D. Potts
Director
SUBJECT: Part II of Proposed Minor Amendments to the Standards of
Ethical Conduct
Over the past six years, the Office of Government Ethics (OGE)
has provided interpretive advice to agency ethics officials on the
application of the standards of ethical conduct (5 C.F.R.
part 2635), as specific fact patterns have arisen. Based thereon,
we have determined that selected provisions of the standards should
be amended, in order to codify some of that advice and clarify
regulatory meaning.
As indicated by DAEOgram DO-98-022 of August 7, 1998, proposed
minor amendments to subpart B (Gifts From Outside Sources) of the
standards of conduct were published at 63 Fed. Reg. 41476-41477
(August 4, 1998). Any comments on that proposed rulemaking are due
at OGE by October 5, 1998. Now, at 63 Fed. Reg. 45415-45417
(August 26, 1998), OGE has published the remaining installment of
proposed minor amendments to the standards, affecting subpart F
(Seeking Other Employment) and subpart H (Outside Activities). Any
comments on this most recent proposed rulemaking must be submitted
to OGE not later than October 26, 1998.
The amendments to subpart F propose to codify our advice that
coverage of this subpart extends to "personal and substantial
participation" in a particular matter, where that matter would have
a "direct and predictable" effect on the financial interests of a
prospective employer. This is in keeping with our advice that the
requirements of 18 U.S.C. § 208 control. When the standards of
conduct were first issued in 1992, combining in subpart F the § 208
restrictions relating to negotiating for employment with the
restrictions in Executive Order 12674 on seeking employment, our
intent was to adopt the statutory scheme of coverage. The
amendments now proposed will clarify that original intent.
The amendment to subpart H proposes to clarify the meaning of
"receive" as used in connection with the ban on outside
compensation for teaching, speaking or writing that relates to
official duties. The new language specifically includes
compensation that is deferred to the future for activities that are
performed while an employee, and compensation that is paid in
advance to an employee for activities to be performed in the
future.
Please see the regulatory preamble for more details regarding
these proposed changes.