OPM Federal Employee Responsibilities and Conduct — Standards of Conduct for Executive Branch Employees
Legal Authority
- 5 U.S.C. § 7301 — Presidential regulations; authorizes the President (and by delegation, OPM) to prescribe regulations for the efficient conduct of the public service; the foundational authority for executive branch employee conduct standards
- 5 CFR Part 735 — OPM implementing regulation; establishes core behavioral requirements including the gambling-on-federal-property prohibition and the civil service examination coaching restriction; supplements but does not replace 5 CFR Part 2635
- 5 CFR Part 2635 — Standards of Ethical Conduct for Employees of the Executive Branch (OGE regulation); the comprehensive modern ethics framework covering conflicts of interest, gifts, outside activities, and financial disclosure; Part 735 cross-references Part 2635 as the operational center of ethics compliance
Key Mechanics
Five CFR Part 735 is the foundational layer of executive branch employee conduct regulation — predating the comprehensive ethics framework and continuing to operate alongside it. The modern ethics center of gravity is 5 CFR Part 2635 (administered by OGE), which covers conflicts of interest, gifts, outside employment, and financial disclosure. Part 735 retained two specific conduct restrictions that were not consolidated into Part 2635: (1) gambling on government property or while on duty — employees may not operate a gambling device, run a lottery or pool, participate in games for money or property, or sell/purchase numbers slips, anywhere on government-owned or leased premises or while on duty; limited exceptions cover charity solicitations approved under EO 12353; (2) civil service examination coaching using insider government information — employees may not teach, lecture, or write prep materials for OPM-administered or agency-administered civil service exams if the preparation would rely on non-public information obtained through federal employment; using publicly available information is permitted. Violations of either restriction may result in disciplinary action in addition to any applicable criminal penalty. The rule applies to all executive agency employees including special government employees (part-time or intermittent consultants covered by 18 U.S.C. § 202(a)) while on duty or on government property. Uniformed military members are excluded.
Current Rule (2026)
| Parameter | Value |
|---|---|
| Citation | 5 CFR Part 735 |
| Issuing agency | U.S. Office of Personnel Management (OPM) |
| Statutory authority | 5 U.S.C. § 7301 |
| Last major amendment | No recent Federal Register amendments |
What This Rule Does
The executive branch has two layers of conduct rules for federal employees. The primary and comprehensive layer is the Standards of Ethical Conduct in 5 CFR Part 2635, which covers conflicts of interest, gifts, outside activities, and financial disclosure. Five CFR Part 735 is the older, foundational layer — the core behavioral requirements that predate the modern ethics framework and continue to apply alongside it.
Part 735 is short. It has six sections covering two topics: what triggers disciplinary action, and the specific conduct restrictions that remain in Part 735 rather than being consolidated into Part 2635. The two conduct restrictions that survived in Part 735 involve gambling on government property and coaching civil service examination candidates using insider information from federal employment. All other conduct standards point employees back to the more comprehensive Part 2635 and any agency-specific supplemental regulations.
The rule applies to all federal executive branch employees and officers, including special government employees. It does not apply to uniformed military members.
Key Provisions
- § 735.101 — Definitions: "agency" means an executive agency as defined by 5 U.S.C. § 105, plus the Postal Service and Postal Rate Commission; "employee" includes all officers and employees, including special government employees, but not uniformed services members; "special Government employee" has the meaning in 18 U.S.C. § 202(a), covering part-time and intermittent executive branch employees
- § 735.102 — Disciplinary action: violation of any conduct regulation in Subpart B (§§ 735.201–735.202) may be cause for disciplinary action, which may be in addition to any criminal penalty under applicable law; agencies retain discretion over the form and severity of discipline
- § 735.103 — Other applicable regulations: employees must also comply with the Standards of Ethical Conduct in 5 CFR Part 2635 and any agency-specific supplemental regulations issued under 5 CFR 2635.105; violating Part 2635 may result in disciplinary or corrective action in addition to any penalty under law; this section effectively makes Part 2635 the operational center of executive branch ethics compliance
- § 735.201 — Gambling restriction: an employee may not, while on government-owned or leased property or while on duty for the government, conduct or participate in any gambling activity — including operating a gambling device, conducting a lottery or pool, participating in a game for money or property, or selling or purchasing a numbers slip or ticket; exceptions exist for activities required by official duties and for agency-approved activities under Executive Order 12353 (charitable solicitations in the workplace)
- § 735.202 — Civil service examination restriction: an employee may not, with or without compensation, teach, lecture, or write materials intended to prepare a person or class of persons for a civil service examination administered by OPM or another agency (or the Board of Examiners for the Foreign Service), if the preparation would use information obtained through the employee's government employment; exceptions apply when the underlying information has been made publicly available, or when the preparation is specifically authorized in writing by the Director of OPM or the relevant agency head
How It Affects You
Federal employees should understand that Part 735's two active behavioral restrictions — no gambling on government property and no exam-coaching using insider government information — supplement, not replace, the comprehensive standards in 5 CFR Part 2635. If you participate in an office football pool on federal premises, you technically violate § 735.201 even if the amounts are small; agency enforcement discretion typically governs whether informal pools result in discipline, but the prohibition is clear.
The exam-coaching restriction under § 735.202 specifically targets tutors, test-prep instructors, and writers who would use non-public exam content, bank questions, or scoring rubrics obtained through their federal employment to help applicants score better. The restriction does not prohibit employees from helping prepare candidates using publicly available information — the key is whether the preparation would exploit information only accessible through government service.
Special government employees (part-time or intermittent consultants serving fewer than 130 days in a year) are covered by Part 735. The gambling and exam-coaching restrictions apply to them while on duty or on government property, just as to career employees.
Agency ethics officials administer Part 735 alongside Part 2635. Employees seeking guidance on whether a particular activity — office charity pools, agency-approved games, helping a family member study for a civil service exam using publicly available materials — should consult their Designated Agency Ethics Official before proceeding.
Statutory Authority
This rule implements:
- 5 U.S.C. § 7301 — Presidential regulations; authorizes the President (and by delegation, OPM) to prescribe regulations for the efficient conduct of the public service; the employee conduct standards in Part 735 represent longstanding presidential-level regulation of federal employee behavior
Recent Rulemakings
No major Federal Register amendments. The conduct standards in Part 735 reflect longstanding OPM regulations; the comprehensive ethics framework has largely migrated to 5 CFR Part 2635 (the Standards of Ethical Conduct), with Part 735 retaining the specific gambling and exam-coaching prohibitions.