United States Office of Government Ethics, Preventing Conflicts of Interest in the Executive Branch

Rulemaking
March 4, 2020

The Basics of the Regulatory Process

Have you ever wondered how OGE prevents conflicts of interest? We use a variety of tools and approaches, like training, financial disclosure, and counseling. One of our most significant tools is written, enforceable standards.

How can you get involved?  Comment on our regulations and keep tabs on our rulemakings.

Legal Expense Funds   Status

Pre-Rulemaking Stage:

Advance Notice of Proposed Rulemaking, Public Hearing, and Public Meetings

12/20/2018: As required by Executive Order 12866, the regulatory and review process, OGE sent a draft Advance Notice of Proposed Rulemaking to the Office of Management and Budget for clearance.

04/15/2019: The Advance Notice of Proposed Rulemaking was published. The public comment period is open until June 14, 2019. OGE will also hold a virtual public hearing on May 22, 2019.  Instructions for submitting comments and participating in the public hearing can be found here: https://www.federalregister.gov/documents/2019/04/15/2019-07390/notice-and-request-for-comments-legal-expense-fund-regulation

05/22/2019: OGE held the virtual public hearing in connection with the Advance Notice of Proposed Rulemaking. The transcript can be found here: PDF

06/14/2019: The public comment period closed today. Written comments can be found here: PDF

07/17/2019: OGE met with agency ethics officials to hear their views on a possible legal expense fund regulation.

09/26/2019: OGE announced two public meetings to discuss the development of a legal expense fund regulation. The meetings will be held on October 17, 2019, and October 22, 2019. OGE is also accepting additional written comments until November 5, 2019. Instructions for participating in the public meetings and for submitting comments can be found here: https://www.govinfo.gov/content/pkg/FR-2019-09-26/pdf/2019-20489.pdf

10/17/2019: OGE hosted a public meeting to engage in dialogue with interested members of the public regarding the development of a legal expense fund regulation. The meeting agenda, a list of attendees, and a list topics discussed can be found here: PDF

10/22/2019: OGE hosted a public meeting to engage in dialogue with interested members of the public regarding the development of a legal expense fund regulation. The meeting agenda, a list of attendees, and a list topics discussed can be found here: PDF

11/05/2019: The public comment period closed today. Written comments can be found here: PDF

EIGA Review Stage:

Consultation with DOJ and OPM

01/30/2020: As required by the Ethics in Government Act (EIGA), OGE submitted the draft proposed rule to the Department of Justice (DOJ) and the Office of Personnel Management (OPM) for consultation. Consultation with DOJ and OPM is a requirement for all of OGE’s pending proposed rules pertaining to conflicts of interest and ethics in the executive branch.

       

Standards of Conduct Ethical Conduct for Employees of the Executive Branch  Status

EIGA Review Stage:

Consultation with DOJ and OPM

3/4/20: As required by the Ethics in Government Act (EIGA), OGE submitted a draft rule proposing modernization updates to the Standards of Conduct to the Department of Justice (DOJ) and the Office of Personnel Management (OPM) for consultation.The proposed amendments seek to update the Standards based on OGE’s experience gained from application of the regulation since its inception.The proposed amendments would also incorporate past interpretive guidance, add and update regulatory examples, improve clarity, update citations, and make technical corrections. Consultation with DOJ and OPM is a requirement for all of OGE’s pending proposed rules pertaining to conflicts of interest and ethics in the executive branch.