Previous message Next message Previous in topicNext in topicPrevious by same author Next by same author Previous page (March 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, 26 Mar 2003 11:19:05 -0500 *Reply-To:* ETHICS_MAILINGLIST ETHICS_MAILINGLIST *From:* ETHICS_MAILINGLIST ETHICS_MAILINGLIST *Subject:* ETHICS NEWS AND INFORMATION March 26, 2003 *Content-Type:* text/plain; charset=ISO-8859-1 ETHICS NEWS AND INFORMATION March 26, 2003 TECHNICAL AMENDMENTS TO 18 U.S.C. 209 In a section titled "Technical Amendments to Title 18 of the United States Code," the recent Department of Justice Authorization Act made minor clarifying amendments to 18 U.S.C. § 209, the supplementation of salary prohibition. Specifically, section 302 of Pub. L. 107-273 amended section 209(a) by replacing the phrase "or makes" with "makes" and by replacing "supplements the salary of, any" with "supplements, the salary of any". The latter change is addressed in the House report, which states: "Section 302(3) moves a comma that became the focus of a statutory construction question in Crandon v. United States." H. Rep. No. 125, 107th Cong., 2d Sess. 27 (2002). A footnote in the report specifically cites Justice Scalia's concurring opinion in this connection. See 494 U.S. 152, 168ff. (1990)(Scalia, J., concurring). OGE has concluded that neither the language nor the legislative history indicates that this technical amendment effected any substantive change in the statute. Moreover, we do not believe that the language or the legislative history suggests any Congressional intent to overrule the conclusion of the majority opinion in Crandon that pre-employment payments are beyond the reach of the statute. See 494 U.S. 159 n.10. EFFECT OF ADDITIONAL 1% PAY INCREASE ON ETHICS PROVISIONS President Bush has decided that the one percent retroactive pay increase authorized by the Consolidated Appropriations Resolution for FY 2003 shall be allocated as locality pay. Because locality pay adjustments are not taken into account for purposes of the rates of basic pay used for setting thresholds in various ethics provisions, those thresholds for 2003 have not changed. As indicated in our list serve message sent on January 8, 2003, for purposes of the outside earned income and employment restrictions in title V of the Ethics in Government Act and other coverage purposes during 2003: 120% of the minimum rate of basic pay payable for GS-15 of the General Schedule is $102,168. 15% of the annual rate of basic pay for level II of the Executive Schedule is $23,205. For purposes of coverage by 18 U.S.C. 207(c) in 2003, the rate of basic pay for a member of the SES at ES-4 is $200 less than the rate of basic pay for ES-5 (and ES-6). OGE 450 SURVEY RESPONSES DUE APRIL 2 OGE is reviewing the confidential financial disclosure process to determine whether the system is working well or whether any changes need to be made. In order to do that, we are asking ethics officials throughout the Federal government to comment on their experiences in implementing the 450 reporting system over the years. We have prepared a survey that we are asking ethics officials at all levels of the Federal government to complete. You can access the survey at: URL for the PDF file: http://www.usoge.gov/pages/forms_pubs_otherdocs/fpo_files/surveys_ques/srvy450questions_03.pdf URL for the TEXT file: http://www.usoge.gov/pages/forms_pubs_otherdocs/fpo_files/surveys_ques/srvy450questions_03.txt Most people should access the PDF file. The TXT file is provided to comply with Section 508 requirements. Please take a few moments to complete the survey and return it to the points of contact listed on the form by April 2, 2003. We appreciate your help on this project. PROGRAM REVIEW NEWS OGE recently issued a report of its review of the ethics program at the National Security Agency (NSA). The review found that NSA provides informative ethics training and quality advice and counseling, and thoroughly reviews the financial disclosure reports. Randi DuFrense, the Designated Agency Ethics Official, and her able staff are commended for their commitment to the program and successfully incorporating ethics into NSA's culture. OGE VACANCY ANNOUNCEMENTS The Office of Government Ethics is seeking applicants for the following vacancies: 03-002, Attorney-Advisor (General), GS-905-14/15; open 3/24/03, close 4/14/03 (OGCLP) 03-001, Government Ethics Specialist, GS-301-13; open 3/17/03; close 3/31/03 (OPA/PSD) 02-015, Special Assistant, GS-301-7; open 12/09/02; open until filled (OGCLP) 02-014, Program Analyst (Finance), GS-343-7; open 12/09/02; open until filled (OGCLP) The vacancy announcements are available on the OGE Website at www.usoge.gov under the "What's New" section. Questions should be directed to Cheryl McMillan, OGE's Human Resources Officer at 202-208-8000, ext. 1126. ------------------------------------------------------------------------ Back to: Top of message <#TOP> | Previous page | Main OGE-ETHICSINFO-L page ------------------------------------------------------------------------ Back to the LISTSERV home page at LISTSERV.ACCESS.GPO.GOV.