Legal Advisories
The Legal Advisories page contains the DAEOgrams on substantive ethics issues published by OGE from 1992 to 2010, the Advisory Opinions published by OGE from 1979 to 2010, and the Legal Advisories, which OGE began publishing in 2011. On occasion, OGE will add notes to past guidance documents when that guidance is updated or superseded by law, regulation, or subsequent OGE guidance.
12/21/2016
LA-16-12: Publication of the Final Rule Revising Subpart B of the Standards of Conduct, Gifts from Outside Sources
This Legal Advisory discusses the recent amendments to the provisions of the Standards of Ethical Conduct that govern gifts from outside sources, found at 5 C.F.R. 2635, Subpart B, and highlights the major substantive changes set forth in the final rule.
12/20/2016
LA-16-11: Presidential Inaugural Events
This Legal Advisory reminds agencies of the ethical requirements relevant to a Federal employee during the inauguration celebration, particularly those requirements regarding gifts.
12/15/2016
LA-16-10: Interpretive Guidance on the STOCK Act
This Legal Advisory provides interpretive guidance on the Stop Trading on Congressional Knowledge Act (STOCK Act) as it applies to the President, the Vice President, and certain executive branch employees.
11/10/2016
LA-16-09: New Job Aid: Overview of Education Requirements under the Revised 5 C.F.R. Part 2638, Subpart C
This Legal Advisory announces a new job aid to help ethics officials familiarize themselves with the new government ethics education requirements under the revised 5 C.F.R. part 2638.
09/23/2016
LA-16-08: Introduction to the Primary Post-Government Employment Restrictions Applicable to Former Executive Branch Employees
This Legal Advisory provides a plain language discussion for agency ethics officials, departing employees, and former employees on the post-Government employment restrictions, particularly those found in certain provisions of the primary post-Government employment statute applicable to former employees of the executive branch, 18 U.S.C. § 207. [The guidance in this advisory was modified in 2017 by legal advisories
LA-17-02 and
LA-17-03.]
08/31/2016
LA-16-07: Technical Modification of 5 C.F.R. part 2640
This Legal Advisory describes a technical regulatory modification to the definition of "employee" found in 5 CFR part 2640.
08/01/2016
LA-16-06: Publication of the Final Rule Revising Subpart F of the Standards of Conduct, Seeking Other Employment
This Legal Advisory discusses the recent amendments to the provisions of the Standards of Ethical Conduct that govern seeking other employment found at 5 C.F.R. 2635, Subpart F. In addition, this Legal Advisory highlights two principal changes set forth in the final rule, which OGE published in the Federal Register on July 26, 2016.
07/27/2016
LA-16-05: 2015 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, 2015 through December 31, 2015.
07/21/2016
LA-16-04: Inflationary Adjustments to Ethics in Government Act Civil Monetary Penalties
This Legal Advisory announces increases in five civil monetary penalties related to the executive branch ethics program. OGE recently issued an interim final regulation establishing these inflationary adjustments, pursuant to a recent legislative enactment.
07/18/2016
LA-16-03: Supreme Court Decision in McDonnell v. United States
This Legal Advisory responds to the Supreme Court’s recent holding in McDonnell v. United States. The Legal Advisory emphasizes that the Supreme Court’s ruling does not affect the scope of the gift prohibitions found at 5 U.S.C. § 7353 and 5 C.F.R. § 2635.202(a), or any OGE interpretation of 18 U.S.C. §§ 202-209.
05/16/2016
LA-16-02: Annual Update of 18 U.S.C. § 207(c) Component Designations
In this Legal Advisory, OGE asks each agency to forward to OGE its annual letter stating whether its components that are currently designated should remain designated for purposes of 18 U.S.C. § 207(c). Any request to modify the existing list of components should be submitted in accordance with regulatory procedures.
01/07/2016
LA-16-01: Effect of Pay Adjustments on Ethics Provisions for Calendar Year 2016
This Legal Advisory clarifies the 2016 thresholds for: (1) determining which senior employees are subject to the post-employment restrictions; (2) implementing the outside employment and outside earned income restrictions for certain covered noncareer employees; and (3) identifying which officers and employees must file public financial disclosure reports.