The start of 2017 brings two changes to the federal Office of Government Ethics (“OGE”) rules for executive branch officers and employees.

First, important changes to the executive branch gift rules went into effect this week.  We detailed those changes in this alert.

Second, OGE’s overhaul of the Executive Branch Ethics Program regulations (5 C.F.R. Part 2638) also took effect at the start of the year.  Most of these rules address the operation of ethics programs at federal agencies and their relationship with OGE.  There are several rules that should be of interest to prospective or incoming agency officials.  Some highlights:

  • Certain high-level appointees must participate in a briefing on their “immediate ethics obligations,” usually within fifteen days of their appointment, including the individual’s financial conflicts and recusal obligations, and a plan to comply with the requirements of their ethics agreement.
  • Agency written job offers must now include a notice of the ethics rules and laws that will apply should the offeree accept employment, instructions on how to get more information on ethics, and any applicable timeframes for receiving training or completing a financial disclosure.
  • Employees who become supervisors will receive written information about agency ethics, in addition to the normal training requirements.
  • A year before the Presidential election, each agency must assess whether it has sufficient ethics staff to support the presidential transition. The regulation also explains that OGE will offer training on counseling incoming and outgoing employees and officials, and assist the transition with preparing for nominations and any new ethics initiatives.

These requirements are especially relevant as Inauguration Day approaches and the incoming administration begins the hiring and appointment process.  Individuals considering entering the administration should also consider our guidance on financial disclosures, interacting with the transition, and the appointee vetting process.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Andrew Garrahan Andrew Garrahan

Andrew Garrahan represents and counsels clients at the intersection of law and politics. He guides them through both regulatory compliance issues and government investigations on matters including state and federal campaign finance, ethics, lobbying, and corruption, as well as in congressional investigations.

Andrew’s…

Andrew Garrahan represents and counsels clients at the intersection of law and politics. He guides them through both regulatory compliance issues and government investigations on matters including state and federal campaign finance, ethics, lobbying, and corruption, as well as in congressional investigations.

Andrew’s prior career in political fundraising gives him a unique perspective on the challenges faced by his clients, which include corporations, candidates, government officials, political and nonprofit organizations, and private individuals.

Andrew’s counseling and advisory practice includes:

  • guiding clients on structuring of and compliance for their state and federal lobbying and grassroots advocacy campaigns;
  • representing campaigns, Super PACs, corporations, trade associations, and individuals on the applicability of the Federal Election Campaign Act (FECA) and state campaign finance law;
  • counseling on Foreign Agents Registration Act (FARA) registration and disclosure, and its interaction with the Lobbying Disclosure Act (LDA);
  • helping companies comply with state and federal ethics laws, particularly on gifts and conflicts of interests, and domestic anticorruption; and
  • auditing corporate political law compliance practices.

Andrew’s investigations and defense work includes:

  • representing clients in Congressional investigations, including responding to letter requests and subpoenas;
  • preparing company officers and other individuals for testimony in Congressional investigative hearings;
  • defending clients in Department of Justice matters related to campaign finance, lobbying, ethics, and public corruption; and
  • representing clients before the FEC and state campaign finance, lobbying, and ethics regulators.
Read more about Andrew GarrahanEmail
Show more Show less