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1 1 (Updated September 6, 2024)

handle is hein.crs/goveqns0001 and id is 1 raw text is: Congressibnal Research Service Informing ihe legislative debate since 1914 Updated September 6, 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 NOMa nee Finandi DSCOSUe 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 the nominee's prospective 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 278e). 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 prospective 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 completes a draft public financial disclosure form; * OGE and agency review the draft public financial disclosure form, ask follow-up questions, and provide additional instructions to the nominee as necessary; * nominee revises, as needed, the financial disclosure form and negotiates an ethics agreement with agency and OGE, if necessary; * OGE transmits the completed and signed financial disclosure report to the Senate once formal nomination is made by the President; and * upon confirmation, OGE makes the financial disclosure and ethics agreement, if any, available on the OGE website. Figure 1 shows an OGE-created nominee process flowchart for the nominee financial filing and review process. Figure I. OGE Nominee Process Flowchart (2024) Source: OGE, A Road Map to Ethical Readiness for the Presidential Election and Beyond, p. 12, https://www.oge.gov/web/oge.nsf/0/6684E98E54F05E4885258B73005 B751 I/. Senate Committees and Nominees The President and the Senate share the power to appoint the principal officers of the United States. Article II, Section 2, of the Constitution requires that the President by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States. Subsequently, most Senate committees consider presidential nominees to covered positions.

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