Department of Defense
Office of General Counsel Number 04-03
Standards
of Conduct Office (SOCO) soco@dodgc.osd.mil
Note: Congress
voted to increase pay for civilian Federal personnel in 2004. The President implemented the pay raise in an
Executive Order on
1. Outside Earned Income Limitation
for Noncareer SES Employees Increased by Pay Raise.
In 2004, due to the pay raise for
Federal employees, the 15 percent limitation on outside earned income for
noncareer SES employees is $23,715. (5
C.F.R. 2636.304(a))
2. Public Filer Threshold for Non-Title 5
Appointees Increased by Pay Raise.
Pursuant to 5 C.F.R. 2634.202(c),
certain Federal employees are required to file public financial disclosure
reports (SF 278) if their rate of basic pay exceeds $104,927 (120% of the basic
rate of pay of step 1 of a GS-15) and they are not paid under the General
Schedule. The pay raise for Federal
personnel recently increased this amount.
3. Payment Threshold for
One-Year Post-Government Service Representation Prohibition.
Effective January 11, 2004, DoD civilian employees whose rate of basic pay is equal to or greater than 86.5% of the rate of basic pay for level II of the Executive Schedule ($136,756) will be subject to the application of the post-Government service employment restrictions of 18 U.S.C. 207(c). Section 1125 of the National Defense Authorization Act of FY 2004 (PL 108-136).
4. OPM Issues Guidance on Solicitations During
Emergencies and Disasters.
The Office of
Personnel Management has issued guidance on its website for special
solicitations. The guidance is styled “Special
Solicitations during Emergencies and Disasters” and is dated
5. Fiscal Year 2003 Contractor List Now
Available on the SOCO Website.
The fiscal
year 2003 listing of all contractors doing business with the Department of
Defense with contracts in the amount of $25,000 or more is now available under
the ethics resource library on the SOCO web site at http://www.defenselink.mil/dodgc/defense_ethics/. This listing can be used as a source of
potential conflicting interests when reviewing financial disclosure reports and
drafting letters of warning to financial disclosure filers.
6. OGE Issues New OGE Form 450A.
The Office of
Government Ethics issued a new OGE Form 450-A in March of 2004. The new form is available under the Ethics
Resource Library under “forms” in the SOCO website at http://www.defenselink.mil/dodgc/defense_ethics/. In 2004, all DoD personnel who file
confidential financial disclosure reports must complete the long form, OGE Form
450, in accordance with section 7-300b(3)(d) of DoD Directive 5500.7-R, the
Joint Ethics Regulation.
Jeff Green
Senior Attorney
DoD Standards of Conduct
Office