IEC Journal

Accessing OGE Mailing List Archives

The size of OGE's OGE-ETHICSINFO-L mailing list (2700+ subscribers) demonstrates that there is widespread understanding of the value of this key resource. For those not already enrolled, the OGE web site has directions for subscribing.

Many subscribers may not know of a subsidiary benefit: Access to the mailing list's archives, via a search engine or selecting dates.

GAO Greenlights "No Cost" Contracts

A GAO opinion allows federal agencies to use so-called "no-cost" contracts. Under a no-cost contract, a vendor provides services to the government, in exchange for fees collected from third parties. For example, a vendor might organize a conference that benefitted the government, but be compensated only by attendee registration, not payments from the government. A 2005 GAO opinion had cast doubt on the legality of such arrangements. The newer opinion allows them under some circumstances, but warns:

Agency officials ... should consider possible conflicts of interest before signing a no-cost contract, keeping in mind that control of the agenda, selection of speakers and other matters concerning content should serve the government's, not the contractor's, purpose. Ultimately, an agency must not lose sight of its objectives for a particular event and should ensure that in avoiding costs to the agency, it does not take actions that compromise the effectiveness of its conference, undermine the achievement of agency goals, or violate ethics rules.

Updated June 5 to improve clarity.

Purchase Card Misuse

The GAO report on abuse of government purchase cards, discussed in a Washington Post story Wednesday and in Stephen Barr's Federal Diary today, is a public relations nightmare. Fortunately OMB Chief Clay Johnson put it into perspective:

"The vast majority of civilian employees, government employees, use the cards responsibly. At the same time, I would say there is abuse, and the goal is zero, and we need to make it zero."

GAO Report on Contractor Conflicts of Interest

Thanks to OGE for alerting us to a new Government Accountability Office report entitled Defense Contracting: Additional Personal Conflict of Interest Safeguards Needed for Certain DOD Contractor Employees (March 2008). Some of the concerns overlap with those expressed by OGE including, Report to the President and to Congressional Committees on the Conflict of Interest Laws Relating to Executive Branch Employment (January 2006).

New OMB Rules on Premium Air Travel

OMB has issued new guidance on federal traveler use of premium airline services, in response to September's GAO critical report. Government Executive has details. The key parts of the proposal, to be implemented "immediately":

• Require that premium class travel requests for all agency personnel, including senior-level executives be approved by an individual at least at the same level as the traveler, or by an office designated to approve premium class travel;
• Develop and issue internal guidance that explains when mission criteria and intent call for premium class accommodations;
• Define what constitutes a rest period;
• Require annual certifications of a disability, unless such disability is lifelong;
• Restrict premium class travel for both temporary duty and permanent change of station travel (relocations) when the employee is not required to report to duty the following day; and,
• Prohibit blanket travel authorizations for premium class travel, unless the traveler has a certification of disability.

Ethics Program as an Internal Control

Do you sometimes have trouble making managers understand the importance of your agency's ethics program? Some managers may not realize that the Government Accountability Office considers an agency's ethics program a key part of its internal controls, intended to insure that federal programs operate as they should.

GAO's Internal Control Management and Evaluation Tool may be useful in helping some managers appreciate the role of ethics in federal agency operations. For your convenience, a copy of the three pages most relevant to ethics officials is attached.

GAO Updates Red Book

GAO has posted the Annual Update (March 2007) of the Third Edition of the Principles of Appropriations Law (Red Book) to the Legal Products page of its website.

http://www.gao.gov/special.pubs/appforum2007/d07508sp.pdf

GAO Updates Red Book Vol II

GAO has posted an electronic version of the Principles of Appropriations Law, Third Edition, Volume II to the web page today that includes links to all available GAO decisions. It can be found under Legal Products at www.gao.gov and replaces the Second Edition of Volume II. Hard copies of the Third Edition of Volume II have been on sale from GPO for several months and can still be purchased through GPO's website.

GAO Opines on Publicity and Propaganda Prohibition

  The GAO issued several opinions on September 30 that focus on the publicity or propaganda restriction found in appropriations acts. 

    In B-306349 (www.gao.gov/decisions/appro/306349.htm) GAO determined that DoEd's covert funding of newspaper articles violated section 6076 of the Emergency Supplemental Appropriations Act of 2005, Pub. L. No 109-13.  The opinion noted that this Act overturned the OLC opinion of 7/24/2004, which had permitted such covert funding when news articles were purely informational.

   In B-305368 (www.gao.gov/decisions/appro/305368.htm) GAO determined DoEd violated the Antideficiency Act, 31 U.S.C. 1341, for using appropriated funds to covertly fund commentary by a TV commentator.

    In B-304716 (www.gao.gov/decisions/appro/304716.htm)  GAO approved the use of appropriated funds to pay for services of an expert consultant because the services were not covert,self-aggrandizing, or purely partisan.

   In B-304228 (www.gao.gov/decisions/appro/304228.htm), GAO noted that appropriated funds may not be used by DoEd to to conduct a media analysis of the public's perception of the Republican Party's (or any other political party's) commitment to education.  However, because DoEd incurred little expense for this portion of a larger study, GAO did not find a violation of appropriations law. 

GAO Issues Report on DoD's Ethics Program

Today, the Government Accountability Office (GAO) issued a report, "Defense Ethics Program, Opportunities Exist to Strengthen Safeguards for Procurement Integrity."  Download d05341high.pdf Download d05341.pdf GAO found that DoD delegated responsibility for training and counseling employees on conflict-of-interest and procurement integrity rules to more than 2,000 ethics counselors in DoD's military services and agencies.  As such, GAO found that DoD lacks the knowledge needed to determine if local ethics offices are meeting the objectives of DoD's ethics programs.  This is because DoD does not track information on the quality and content of ethics training and counseling or employee activity as they relate to ethics rules and restrictions.  GAO also found that DoD's knowledge of defense contractor efforts to promote ethical standards is limited.  "GAO is recommeding that DoD regularly assess training and counseling efforts to ensure that individuals covered by conflict-of-interest and procurement integrity rules receive appropriate training and counseling, encure ethics officials track and report on the status of alleged misconduct, and assess contractors' ethics programs to gain knowledge and mitgate risk in DoD contracting relationships."  DoD agreed with two recommendations and partially concurred witha third (tracking and reporting).