LA-21-06: Summary of Key Legislation (116th Congress), including H.R. 1, and Update to the Compilation of Federal Ethics Laws
This Legal Advisory summarizes key legislation from the 116th Congress, including legislation that has been reintroduced in the current Congress. This Legal Advisory highlights enacted or proposed legislation that is relevant to the executive branch ethics program and relevant to specific agencies. This Legal Advisory also provides the updated Compilation of Federal Ethics Laws.
LA-21-05: Comparison of Ethics Pledge Commitments in Executive Order 13989 to Past Ethics Pledges
This Legal Advisory compares Executive Order 13989 to two prior Executive Orders containing ethics pledges – Executive Order 13770 and Executive Order 13490. The attached table identifies past OGE guidance relating to E.O. 13770 or E.O. 13490 that may be relied upon with respect to E.O. 13989.
LA-21-04: Waiver Authority and Making Waivers Public under Section 3 of Executive Order 13989, “Ethics Commitments by Executive Branch Personnel”
This Legal Advisory provides guidance to agency heads and Designated Agency Ethics Officials on the application of section 3 of Executive Order 13989.
LA-21-03: Executive Orders on Ethics Commitments by Executive Branch Personnel
On January 20, 2021, President Biden signed an Executive Order titled “Executive Order on Ethics Commitments by Executive Branch Personnel.” Pursuant to the Executive Order, OGE is providing a copy of the Ethics Pledge and a link to the Executive Order. The legal advisory also addresses the revocation of Executive Order 13770.
LA-21-02: Real Estate Investment Trusts, Master Limited Partnerships, and Business Development Companies: Financial Disclosure Reporting and Conflicts of Interest Considerations
This Legal Advisory briefly describes Real Estate Investment Trusts (REITs), Master Limited Partnerships (MLPs), and Business Development Companies (BDCs), and provides guidance on the financial disclosure reporting requirements and conflicts of interest analysis applicable to each of these assets. Ethics officials should consider REITs and MLPs as operating businesses and BDCs as investment funds, and report and analyze them accordingly. The appendices to this document serve as a quick reference for disclosure guidance and conflicts of interest analysis for these assets.
LA-21-01: Effect of Pay Adjustments on Ethics Provisions for Calendar Year 2021
This Legal Advisory identifies the 2021 thresholds for: (1) determining which senior employees are subject to the post-employment restrictions; (2) identifying which officers and employees must file public financial disclosure reports; and (3) implementing the outside employment and outside earned income restrictions for certain covered noncareer employees.
LA-20-11: Application of Gifts and Fundraising Rules to Presidential Inaugural Events
This Legal Advisory reminds executive branch employees of the gifts and fundraising rules relevant to 2021 Presidential Inaugural events.
LA-20-10: Analyzing Virtual Events under the Gift Rules
This Legal Advisory addresses recurring questions about the gifts analysis for virtual events. The Legal Advisory clarifies that ethics officials should analyze virtual events under the same framework as in-person events.
LA-20-09: Post-Government Employment Guidance on Executive Order 13770 (The Ethics Pledge)
This Legal Advisory provides guidance on the post-Government employment restrictions applicable to employees who signed the Ethics Pledge under E.O. 13770. The advisory expands on the post-Government employment guidance included in LA-17-03.
LA-20-08: Employees May Submit Certain Applications and Forms on Behalf of Another Person Without Violating the 18 U.S.C. § 205(a)(2) Prohibition on Representing Others Before the Government
This Legal Advisory provides guidance on certain types of communications, made without an intent to influence, that OGE views as permissible under 18 U.S.C. § 205(a)(2). The Legal Advisory clarifies that submitting certain applications or forms on behalf of another is permissible if employees’ submissions consist of factual information and seek routine action that do not contain an appreciable element of dispute.
LA-20-07: Answers to Frequently Asked Questions for Employees Engaged in Crowdsourced Fundraising
This Legal Advisory provides answers to frequently asked questions for employees engaged in crowdsourced fundraising. The advisory addresses a range of topics, including determining when gifts are based on an employee's official position and accepting donations from fundraising campaigns started by others.
LA-20-06: Recurring Book Deals Issues for Incoming and Outgoing Government Employees
This Legal Advisory provides guidance on recurring book deals issues relevant to incoming and outgoing employees that OGE did not directly address in OGE DAEOgram DO-08-006. Specifically, this Advisory shares guidance provided by OGE since 2008 relating to the ability of employees, during government service, to: (1) receive compensation for updating a textbook or other book that was initially written prior to government service; (2) engage in promotional activities as part of a book deal; and (3) try to sell a book idea or “shop a book around.”
LA-20-05: 2019 Conflict of Interest Prosecution Survey
OGE has completed its annual survey of prosecutions involving the conflict of interest criminal statutes and other related statutes for calendar year 2019.
LA-20-04: Increased Gifts and Travel Reimbursements Reporting Thresholds for Financial Disclosure Reports and Nonsponsor Widely Attended Gatherings Gift Exception Ceiling
This Legal Advisory discusses the recent amendments to the gifts and travel reimbursements reporting thresholds at 5 C.F.R. §§ 2634.304 and 2634.907(g) and the widely attended gathering (WAG) gift exception ceiling for nonsponsor gifts of free attendance at 5 C.F.R. § 2635.204(g)(3).
LA-20-03: Conflict of Interest Analysis for Stocks under 18 U.S.C. § 208
This Legal Advisory reminds agency ethics officials that under 18 U.S.C. § 208, an employee may not participate in any particular matter that would have a direct and predictable effect on the financial interests of a company in which the employee (or any imputed person) owns stock, not merely those particular matters that would affect the stock price.
LA-20-02: Updated Resources on Agency Supplemental Ethics Regulations
This Legal Advisory shares recently-updated and newly-developed resources relating to agency supplemental ethics regulations. These resources are designed to assist agency ethics officials who might have questions regarding supplemental ethics regulations, or who have an interest in adopting or modifying such regulations for their agencies.
LA-20-01: Effect of Pay Adjustments on Ethics Provisions for Calendar Year 2020
This Legal Advisory identifies the 2020 thresholds for: (1) determining which senior employees are subject to the post-employment restrictions; (2) identifying which officers and employees must file public financial disclosure reports; and (3) implementing the outside employment and outside earned income restrictions for certain covered noncareer employees.
LA-19-06: Treatment of Information Technology and Internet Funds for Purposes of the Regulatory Exemptions to 18 U.S.C. § 208
This Legal Advisory discusses how mutual funds invested in the information technology and internet fields are treated for purposes of certain regulatory exemptions to 18 U.S.C. § 208. The Legal Advisory revises the guidance contained in OGE Informal Advisory Opinion 00x8 and OGE DAEOgram DO-00-030.
LA-19-05: 2018 Conflict of Interest Prosecution Survey
OGE has completed its annual survey of prosecutions involving the conflict of interest criminal statutes and other related statutes for the period January 1, 2018 through December 31, 2018.
LA-19-04: Legislation Introduced in the 115th Congress Relevant to the Executive Branch Ethics Program
This Legal Advisory summarizes relevant legislative activity from the 115th Congress, during which members introduced more legislation that referenced ethics officials than any previous Congress and more legislation that referenced the Ethics in Government Act than any Congress since the 101st Congress.
LA-19-03: Revised Compilation of Federal Ethics Laws Reflecting Legislation Enacted in the 115th Congress
This Legal Advisory describes the changes in OGE’s updated Compilation of Federal Ethics Laws. The 115th Congress passed legislation affecting ethics and other government integrity statutes contained in the Compilation.
LA-19-02: Effect of Retroactive Pay Adjustments on Ethics Provisions for Calendar Year 2019
This Legal Advisory identifies the 2019 thresholds for: (1) determining which senior employees are subject to the post-employment restrictions; (2) identifying which officers and employees must file public financial disclosure reports; and (3) implementing the outside employment and outside earned income restrictions for certain covered noncareer employees.
LA-19-01: Ethics Guidance for Employees in Non-Pay Status During a Lapse in Appropriations
This Legal Advisory provides answers to frequently asked questions (FAQs) to assist employees and ethics officials in navigating the common situations employees in non-pay status may face during a lapse. This guidance is specifically focused on gifts, crowdsourcing, and outside employment.
LA-18-16: Ethics Laws and Regulations Continue to Apply to Federal Government Employees during Furlough Periods
This Legal Advisory urges ethics officials to remind employees that ethics laws and regulations will continue to apply to them while in a furlough status in the event of a lapse in appropriations.
LA-18-15: Release of OGE’s Updated Public Financial Disclosure Guide and Confidential Financial Disclosure Guide
This Legal Advisory announces the release of a revised Public Financial Disclosure Guide and Confidential Financial Disclosure Guide and outlines the changes to both guides. A revision of the guides was necessitated by the revision of 5 C.F.R. part 2634, which contains the rules for Executive branch financial disclosure.
LA-18-14: Farewell Receptions Provided by Former Employers; Partial Revocation of OGE Informal Advisory Opinion 94 x 2
This Legal Advisory discusses gifts of farewell receptions provided to government employees by former employers. The Legal Advisory also updates and modifies advice provided in OGE Informal Advisory Opinion 94x2.