A proposed rule by the Office of Government Ethics (OGE) would relax the long-standing prohibition on federal government employees serving on association and nonprofit boards. If adopted, the rule would give agencies their own discretion to create rules for allowing employees to serve in their official capacity on nonprofit boards and committees. 

Since 1996, government employees have been prohibited from serving on a nonprofit’s board or any committee with a fiduciary responsibility due to perceived conflicts of interest; the original regulation noted that because nonprofits have fiduciary obligations under state law this would conflict with federal employees’ obligations to federal law. 

OGE notes in the proposed regulations that the new exemptions are driven by the need for federal employees to interact more closely with the private sector as well as allow them the ability to grow professionally through membership with a nonprofit organization.  The regulation cites a letter from the director of the Office of Personnel Management advocating the change, saying “Restrictions act as a barrier to employees achieving professional stature in their respective fields, which may discourage scientists and professionals from considering Federal employment.”

The comment period is open until July 5 and can be submitted by email to usoge@oge.gov. Include the reference ``Proposed Rule Exemption and Amendment Under 18 U.S.C. 208(b)(2)'' in the subject line of the message.”