SOCO ADVISORY

 

Department of Defense                                                           March 8, 2004

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 March 3, 2004.  The Office of Personnel Management posted the new pay tables for 2004 on March 4.  The new pay tables impact items 1, 2 and 3 below

 

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 February 27, 2004.  It is available at http://www.opm.gov/cfc/html/faq.asp. 

 

 

 

 

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