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1 1 (August 8, 2024)

handle is hein.crs/goveqhg0001 and id is 1 raw text is: Congressional Research Service ~ nformning the egis ative debate since1914 August 8, 2024 Nominee Financial Disclosure During a Presidential Transition Every four years, the United States conducts a presidential election. In instances where a transition from one presidential Administration to another occurs, one of the President-elect's tasks is to fill approximately 1,000 Senate- confirmed civilian positions in the executive branch. The Ethics in Government Act (EIGA, 5 U.S.C. §§13101- 13111) requires nominees to certain positions requiring Senate confirmation to complete financial disclosure forms. Federal agencies and the Senate may use the disclosed information to inform the confirmation process and to identify and remediate real or perceived conflicts of interest, as necessary. Public financial disclosure by high-level Government employees was introduced into law to provide a tool for identifying and resolving potential conflicts of interest and to increase public confidence in the Government. It is fundamental to the executive branch ethics program. -Office of Government Ethics, Report on Improvements to the Financial Disclosure Process for Presidential Nominees, April 200 1, p. 2 Nominee Financial Disclosure Process Upon winning the presidential election, the President-elect begins the process to transition from campaigning to governing. As noted by the Government Services Administration (GSA), in just over ten weeks between the election and inauguration, a president-elect must prepare to take control of an executive branch that comprises over 140 agencies, hundreds of sub-components, and millions of civilian and uniformed personnel. Part of this transition process is the identification of individuals to fill to-be-vacant roles within the government. The EIGA requires that individuals who are nominated to positions requiring Senate confirmation submit financial disclosure forms, which are then reviewed by their future agency, the Office of Government Ethics (OGE), and the Senate committee evaluating their nomination. Individuals may begin to file financial disclosure forms upon the President's announcement of the intent to nominate. Nominee financial disclosure filers generally complete a public financial disclosure form (OGE Form 278). Unlike financial disclosure procedures for existing federal employees, OGE has outlined a process for nominees that may involve multiple rounds of questions about financial holdings. Broadly, a nominee should expect to engage with their future agency and OGE as part of the nomination and potential confirmation process. As outlined by OGE, the steps involve action from the nominee, the agency, and OGE. These include the following: * nominee completion of a draft public financial disclosure form; * OGE and agency review of draft public financial disclosure form, with follow-up questions, and additional instructions provided as necessary; * nominee revises, as needed, financial disclosure form and negotiates an ethics agreement with agency and OGE, if necessary; and * OGE transmits completed and signed financial disclosure report to Senate once formal nomination is made by the President. Figure 1 shows an OGE-created nominee process flowchart for the nominee financial filing and review process. Figure I. OGE Nominee Process Flowchart Prc~idcntiM PTT or WH PTT t~r Traimi~ ion PPO rde.mt (WIT) r White die rqw~r1 ii) Otfla (a designec) Iul1~, (nit draft ~IQu~ (Will Ni or WU rck4s.es 0r4t Preijenti4l 10 (iCE and (I'O) Add th ic hoa, orpk t I rtpor ~n t n c 1 , ,1,,rcn t addes an The cter 1 h fl itk Source: OGE, The Presidential Transition Guide, p. 25, at https://www.oge.gov/web/oge.nsf/O/ 29BDCAI ODAA7FFC6852585BAOO6B6ACC/$FILE/ Transition%2OGuidie22.pdif.

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