Previous message Next messagePrevious in topicNext in topicPrevious by same author Next by same authorPrevious page (February 2003) Back to main OGE-ETHICSINFO-L page Join or leave OGE-ETHICSINFO-L (or change settings) Reply Post a new message Search Proportional font Non-proportional font *Date:* Wed, 19 Feb 2003 17:36:09 -0500 *Reply-To:* ETHICS_MAILINGLIST ETHICS_MAILINGLIST *From:* ETHICS_MAILINGLIST ETHICS_MAILINGLIST *Subject:* ETHICS NEWS AND INFORMATION February 19, 2003 *Content-Type:* text/plain; charset=ISO-8859-1 ETHICS NEWS AND INFORMATION February 19, 2003 OGE PROPOSES NEW POST-EMPLOYMENT REGULATIONS On February 18, 2003, OGE published a proposed rule which would provide comprehensive guidance concerning the executive branch post-employment restrictions at 18 U.S.C. 207. The proposed regulations would substantially amend the existing interim rule at 5 C.F.R. part 2641 and would revoke the old post-employment regulations at 5 C.F.R. part 2637. Comments on the proposed rule are due at OGE on or before May 19, 2003. OGE has prepared a DAEOgram announcing the publication of this proposed rule which can be accessed at: http://www.usoge.gov/pages/daeograms/2003daeolist.html The Federal Register notice may also be accessed at: http://www.usoge.gov/pages/laws_regs_fedreg_stats/fedreg_issuances/2003fedreg.html ACTIVITIES COVERED BY THE EMOLUMENTS CLAUSE Recently, the Department of Defense (DOD) provided OGE with a copy of a "Foreign Activities Questionnaire" (Questionnaire) to be used by SGE's who serve on DOD advisory committees. The Questionnaire requires the disclosure of information relating to an advisory committee member's employment by, or activities with, a foreign government. The DOD advisory committee members would file the Questionnaire in addition to the OGE Form 450. The Questionnaire is intended to help advisory committee members focus specifically on activities covered by the Emoluments Clause in the U.S. Constitution (Article I, Section 9, Clause 8). Essentially, the Emoluments Clause bars anyone holding an "Office of Profit or Trust" from accepting a position with a foreign state, whether compensated or not, or from accepting any compensation or other items of value, including salary, honoraria, and travel expenses, from a foreign state, except as authorized by Congress. Under 5 C.F.R. § 2634.905(c), an agency must obtain OGE's written approval in order to use an alternative procedure to the confidential reporting requirements which are satisfied by the use of the OGE Form 450. However, in this case the DOD Questionnaire is to be used in addition to, and not as an alternative to, the OGE Form 450. Accordingly, OGE has advised DOD that this Questionnaire does not require approval under section 2634.905(c). Under 5 C.F.R. § 2634.601(b), an agency must obtain OGE's written approval before using an additional confidential disclosure form which supplements either the Public Financial Disclosure Report (SF 278) or the Confidential Financial Disclosure Report (OGE Form 450), where the additional confidential form is necessary because of special or unique agency circumstances. In this case, the Questionnaire is being used to facilitate compliance with a Constitutional requirement and not because of circumstances which are special or unique to DOD. Therefore, written approval of this Questionnaire under section 2634.601(b) is not required. The Questionnaire is a tool for assisting DOD advisory committee members in identifying activities that are subject to the Emoluments Clause. However, other agencies with similar circumstances may find it a useful model and can obtain a copy of the form from the Ethics Resource Library section of the DOD Standards of Conduct Office website at http://www.defenselink.mil/dodgc/defense_ethics/ The form number is DD Form 2859. OGE will consider whether a future edition of the OGE 450 should be revised to more directly focus the filer's attention on reporting employment by, or activities with, a foreign government. PROGRAM REVIEW NEWS OGE will begin program reviews in March and April at the Office of Special Counsel, the Corporation for National Service and the Office of the Secretary of Defense (including the Offices of the Joint Chiefs of Staff and the Under Secretary of Defense for Acquisition, Technology, and Logistics). ------------------------------------------------------------------------ Back to: Top of message <#TOP> | Previous page | Main OGE-ETHICSINFO-L page ------------------------------------------------------------------------ Back to the LISTSERV home page at LISTSERV.ACCESS.GPO.GOV.