Biden’s Ethics Executive Order for Appointees Revoked - State and Federal Communications

January 21, 2025  •  

Biden’s Ethics Executive Order for Appointees Revoked

On January 20, President Donald J. Trump signed an Executive Order revoking mandated enhanced ethics rules for executive branch appointees implemented on January 20, 2021, by former President Joseph R. Biden. President Trump’s Executive Order, entitled “Executive Order—Initial Rescissions Of Harmful Executive Orders And Actions,” revoked over 60 prior presidential Executive orders issued in the last four years.

The rescinded order, Executive Order 13989 entitled “Executive Order on Ethic Commitments by Executive Branch Personnel,” required new appointees to sign and be contractually committed to the ethics pledge outlined in the order. Appointees were prohibited from accepting gifts, with limited exceptions, from registered lobbyists and lobbying organizations for the duration of their service as appointees. Appointees were also prohibited from participating in matters involving specific parties directly and substantially related to a former employer for two years after the date of appointment.

Federal lobbyists and individuals registered under the Foreign Agents Registration Act could not seek or accept employment with any executive agency with respect to which he or she lobbied within the two years before the date of the appointment. The order also prohibited certain golden parachutes from former employers and includes a general two-year prohibition on lobbying after leaving a position. Covered appointees included every full-time, non-career Presidential or Vice-Presidential appointee, non-career appointees in the Senior Executive Service, and appointees to certain positions excepted from the competitive service. It did not include any person appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer.

President Trump, who issued an Executive Order concerning the ethics of appointed officials in 2017, and rescinded it on January 19, 2021, could still issue another related Executive Order.

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