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(7) Compensation; and(8) Confusion by outsiders as to Federal employee’s role.2. Express statutory authority: Some statutes provide express authority for DoDpersonnel to serve in management positions of NFEs. The statute eliminates aconflict of interest. Ethics counselors should play an active role in determiningwhether the express authority exists. See, e.g., 22 U.S.C. 4605.3. Implied statutory authority: When there is an implication that a statute mayprovide the authority to serve in management positions of NFEs, or there is nofiduciary duty to the entity (for example, some private standards-settingorganizations), cognizant ethics counselors may submit a written request to theDoD General Counsel, through their chain of command, for authorization for suchparticipation.a. See Office of Legal Counsel Memorandum to Marilyn Glynn, GeneralCounsel, OGE, from Beth Nolan, Deputy Assistant Attorney General, August24, 1998; also OGE memorandum, DO-98-025, September 2, 1998.http://www.usoge.gov/pages/daeograms/dgr_files/1998/do98025.txt.b. There must be fiscal authority to expend appropriated funds for the purpose ofmanaging the particular non- Federal entity.4. Statutory Authorization for Designated Entities: 10 U.S.C. 1033(b) and 1589(b)permit Service Secretaries (with the concurrence of DoD General Counsel) toauthorize official participation in management of four military welfare societies,entities that regulate international athletic competition, entities that regulate andsupport athletic programs of the service academies, entities that accredit serviceacademies and other schools of the armed forces, entities that regulate militaryhealth care, and entities in a foreign nation that promote understanding betweenthe military personnel serving in that nation and the citizens of that nation. SeeJER 3-202. Note that the General Counsel cannot approve managing entitiesoutside this narrow list and meeting these specific criteria.a. Appropriated funds may be used only in the direct support of the DoDpersonnel. They may not be used for travel or transportation costs incurred bythe personnel in a travel status.b. As of April 2007, in addition to the relief societies, several DoD personnelhave been approved for positions on the following entities: SouthernAssociation of Colleges and Schools, Middle States Association of Collegesand Schools, Mountain West Conference, Conference USA, and the PatriotLeague.B. Personal Capacity: DoD personnel may manage non-Federal entities in theirpersonal capacity. See JER 3-301. Except for JER 3-210 organizations, however,12Relations with Non-Federal Entities10th Ethics Counselor's Course
DoD personnel may not so serve if the NFE position is offered because of theindividual’s assignment or position. The personnel must ensure that theirparticipation is exclusively outside the scope of their official positions. See IV.B.1.,above, for precautions to take.1. For an extensive discussion of the application of 18 U.S.C. 205 & 208 in thesesituations, see January 27, 1994, memo from Stuart Frish, Acting GeneralCounsel, Justice Management Division of DOJ, "Application of Federal Conflictof-InterestStatutes to Federal Employees Working With or For Non-FederalEntities That Do Business with the United States."2. Flag and General Officers may not accept compensation for serving as officers ormembers of boards of NFEs in their personal capacities. Exceptions permitted,with approval of the Service Secretaries, for professional associations and familyheldentities. (DepSecDef memo of July 23, 1996)3. Three and Four star Generals and Admirals: Senate Armed Services Committeepolicy prohibits three and four star generals and admirals from serving in themanagement of, or on the boards of directors of, companies that do business withDoD or focus their business on military personnel. This applies touncompensated as well as compensated service. The Committee’s rationale isthat the senior officers’ selection to the boards is based upon their senior militarystatus, and will be used by the company to give the appearance of officialendorsement or to attract the business of junior military personnel.4. COMMON PROBLEM: DoD personnel who are active participants in an NFEmay not take an official action involving that NFE. This prevents such personnelfrom approving requests from subordinates to attend meetings, to speak at anevent, or to prepare papers for a meeting of the NFE. (See 5 CFR 2635.502; JER3-300.d).VIII. SUPPORTING NFE EVENTSA. Official DoD Conferences and Meetings: Although DoD conferences are officialevents not directly involving NFEs, because such conferences raise similar issuesthey are included here. Reference Supplement on Conference Sponsorship andConference Planning for additional information.1. The Secretary of Defense is authorized to collect fees from individuals andcommercial participants at DoD conferences. 10 U.S.C. 2262 (Section 1051 ofthe National Defense Authorization Act for FY 2007 (P.L. 109-364)).a. The statute authorizes DoD conference planners and managers to implementthe fee collection authority. The DoD Comptroller Memorandum, “Collectionand Retention of Conference Fees from Non-Federal Sources,” 2/12/ 07,http://www.dod.mil/dodgc/defense_ethics/resource_library/guidance.htm13Relations with Non-Federal Entities10th Ethics Counselor's Course
Page 1 and 2: Relations with Non-Federal Entities
Page 3 and 4: (1) Letter from the GAO to the Hono
Page 5 and 6: 4. AR 600-29, Fund-Raising within t
Page 7 and 8: company and/or its clients or custo
Page 9 and 10: h. They may not use appropriated fu
Page 11: organization. Ethics Counselors mus
Page 15 and 16: (2) Creating or allowing the appear
Page 17 and 18: . DoD may co-sponsor a conference,
Page 19 and 20: (2) Participate in a committee with
Page 21 and 22: (i) Reserve Officers Association of
Page 23 and 24: E. Other Support to NFEs:1. General
Page 25 and 26: are supporting a non-Federal entity
Page 27 and 28: (1) It is clear that DoD is procuri
Page 29 and 30: (4) Air Force: AFI 36-2903, Dress a
Page 31 and 32: amount that exceeds the reasonable
Page 33 and 34: (ii) The opportunity to speak was e
Page 35 and 36: (b) The DoD Component organization
Page 37 and 38: PRACTICAL APPLICATION EXAMPLES:Hint
Page 39 and 40: accept the gift. Since it is a rece

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