Rulemaking: 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/History
Final Rule Stage
11/21/2023

LEF Regulation went into effect.

05/25/2023

Final rule published by the Federal Register and can be found here.

05/02/2023

OMB formally concluded the Executive Order 12866 review process and cleared the draft Final Rulemaking for publication in the Federal Register.

10/24/2022

As required by Executive Order 12866 governing the regulatory review process, OGE has submitted the draft Final Rulemaking to the Office of Management and Budget (OMB) for clearance.

Proposed Rule Stage
07/13/2022

Written comments submitted during the public comment period can be found here.

06/22/2022

The public comment period closed yesterday, 6/21/2022. Comments will be posted here in the near future.

04/21/2022

OGE published a proposed rule governing legal expense funds for executive branch employees. Written comments will be accepted until June 21, 2022. Instructions for submitting a written comment can be found here.

OMB Review Stage
03/22/2022

OMB formally concluded the Executive Order 12866 review process and cleared the draft Proposed Rulemaking for publication in the Federal Register.

12/08/2021

As required by Executive Order 12866 governing the regulatory review process, OGE re-submitted the draft Proposed Rulemaking to the Office of Management and Budget (OMB) for clearance.

09/21/2021

The Office of Government Ethics has withdrawn the Legal Expense Fund Notice of Proposed Rulemaking (NPRM) from OMB/OIRA Executive Order 12866 review to allow the new administration an opportunity to complete a full review of the proposed rule. OGE is actively working on rulemaking and plans to submit a new draft for OIRA review in the near future. To that end, the Legal Expense Fund rulemaking remains in OGE’s Unified Agenda that the Administration published in June.

05/29/2020

As required by Executive Order 12866 governing the regulatory review process, OGE submitted the draft Proposed Rulemaking to the Office of Management and Budget (OMB) for clearance.

EIGA Review Stage: Consultation with DOJ and OPM
05/21/2020

Consultations completed.

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.

Pre-Rulemaking Stage: Advance Notice of Proposed Rulemaking, Public Hearing, and Public Meetings
11/05/2019

The public comment period closed today. Written comments 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).

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).

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 (pdf).

07/17/2019

OGE met with agency ethics officials to hear their views on a possible legal expense fund regulation.


06/14/2019

The public comment period closed today. Written comments can be found here (pdf).

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).

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.

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.

Standards of Ethical Conduct for Employees of the Executive Branch Status/History
Final Rule Stage
08/15/2024

The Final Rule goes into effect.

05/17/2024

OGE published a Final Rule updating the Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR part 2635), which can be found here.

03/18/2024

OMB formally concluded the Executive Order 12866 review process and cleared the draft Final Rulemaking for publication in the Federal Register.

12/04/2023

As required by Executive Order 12866 governing the regulatory review process, OGE has submitted the draft Final Rulemaking to the Office of Management and Budget (OMB) for clearance.

Proposed Rule Stage
05/09/2023

Written comments submitted during the public comment period can be found here.

04/24/2023

The public comment period closes today. Comments will be posted here in the near future.

02/21/2023

OGE published a proposed rule updating part 2635 of the Standards of Ethical Conduct for Employees of the Executive Branch. Written comments will be accepted until April 24, 2023. Instructions for submitting a written comment can be found here.

OMB Review Stage
11/22/2022

OMB formally concluded the Executive Order 12866 review process and cleared the draft Proposed Rulemaking for publication in the Federal Register.

03/10/2022

As required by Executive Order 12866 governing the regulatory review process, OGE submitted the draft Proposed Rulemaking to the Office of Management and Budget for clearance.

EIGA Review Stage: Consultation with DOJ and OPM
10/16/2020

Consultations completed.

03/04/2020

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.