OGE Issues Final Rule in Federal Register

On May 17, 2024, the Office of Government Ethics (OGE) issued a final rule in the Federal
Register (89 Fed.Reg. 43,686-43,731). The new rules take effect on August 15, 2024. OGE in
its proposed rule presented the revisions as part of periodic review and update to Standards of
Ethical Conduct for Employees of the Executive Branch (codified at 5 C.F.R. Part 2635), as
required under 5 U.S.C. § 13122.

In its final rule, OGE reissued 5 C.F.R. Part 2635, Subparts A-I (Subpart J, concerning legal
expense funds and rules on pro bono and discounted legal representation, having only come
into effect in November 2023). While many of the amendments were technical (for example,
modifying pronouns and gendered examples in the rules, and updating lists of EEO bases to
reflect intervening changes in federal EEO statutes, updating examples in the regulations to
reflect changes in listed federal agencies’ names), some more substantive amendments were
also included. Highlights from the amendments in the final rule include the following:

  • Modifying the gift rules for gifts between coworkers to focus on the supervisor-subordinate organizational roles of the individuals rather than their respective pay rates
  • Adding a prohibition on supervisors knowingly accepting gifts from subordinates (as opposed to the prior rules, which restricted subordinates’ giving but not supervisors’ receipt)
  • Adding bereavement to the list of exceptional occasions for when gift-giving between coworkers might be appropriate
  • Expressly incorporating agencies’ de minimis use policies for phones and computers into the misuse of position regulations
  • Modifying restrictions on receipt of payment from pre-federal employment in certain specified circumstances if set up prior to employment but only paid after the start of federal employment
  • Clarifying that payments from individuals associated with a former employer of a federal employee can be deemed payments by the former employer
  • Clarifying rules for federal employees’ using official titles when providing employment references for others
  • Clarifying Emolument Clause issues associated with federal employees’ interactions with foreign institutions of higher education
  • Clarifying that restrictions on teaching or writing concerning a federal employee’s official duties only apply while the employee is currently working as a federal employee, and do not apply to future or former employees
  • Adding an exception to the fundraising rules to permit employees to engage in fundraising for nonpolitical nonprofit organizations by seeking donations from individuals with a personal relationship to the employee