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Office of Government Ethics: A Primer
The Ethics in Government Act of 1978, as amended (5
U.S.C. §§13121-13126), created the Office of Government
Ethics (OGE) to provide overall direction of executive
branch policies related to preventing conflicts of interest on
the part of officers and employees of any executive
[branch] agency (5 U.S.C. §13122(a)). Originally created
within the Office of Personnel Management (OPM), today
OGE is an independent agency in the executive branch that
provides guidance, training, and administrative support to
agency and department ethics offices on the wide range of
ethics, financial disclosure, and conflict of interest
provisions of federal law and executive orders.
A central office, such as the Office of Government
Ethics, would have the overall responsibility for
informing employees of their obligations with regard
to conflict of interest avoidance and coordinate the
enforcement of these laws, rules, and regulations
throughout the executive branch ... -Sen. Abraham
Ribicoff, Congressional Record, June 27, I977, p. 20957.
Organization
OGE is run by its Director, who is appointed by the
President, with the advice and consent of the Senate, to a
five-year term. President Joe Biden nominated the current
OGE Director, David Huitema, on September 5, 2023. He
was confirmed by the Senate on November 14, 2024, and
sworn in on December 16, 2024. His term will expire in
2029. In addition to the Director, OGE is organized into
four divisions that are designed to carry out the agency's
statutory functions. Figure 1 shows the current organization
chart as presented in OGE's FY2022-FY2026 strategic
plan.
Funct ons
OGE provides oversight to designated agency ethics
officials (DAEOs) in over 130 executive branch agencies.
As part of this role, OGE ensures that conflicts of interest
are mitigated and that the integrity of the executive branch
and its employees is maintained. To conduct its mission,
OGE divides its functions into four broad categories: rules
and regulations, advice, education, and public financial
disclosure filing. Additionally, the OGE aids the President-
elect and the President with nominations, and the Senate
with evaluating potential conflicts of interest for
presidential nominations.
Rules and Regu at ons
To complete its statutory mission, the OGE periodically
issues rules and regulations to guide agency ethics officers.
Codified in Title 5 of the Code of Federal Regulations
Updated January 31, 2025
(C.F.R.), these regulations cover both internal OGE
administration and general executive branch ethics issues,
including the code of conduct for the executive branch,
interpretation of ethics-related civil and criminal law, the
implementation of financial disclosure requirements, and
the implementation of executive agency ethics programs.
These regulations are:
OGE Internal Organization and Operation Regulations
* 5 C.F.R. §2600-Organization and Functions of the
Office of Government Ethics;
* 5 C.F.R. §2601-Implementation of Office of
Government Ethics Statutory Gift Acceptance
Authority;
* 5 C.F.R. §2605-Freedom of Information Act Rules and
Schedule of Fees for the Production of Public Financial
Disclosure Reports;
* 5 C.F.R. §2606-Privacy Act Rules;
* 5 C.F.R. §2608-Testimony by OGE Employees
Relating to Official Information and Production of
Official Records in Legal Proceedings; and
* 5 C.F.R. §2610-Implementation of Equal Access to
Justice Act.
Executive Branch Ethics Program Regulations
* 5 C.F.R. §2634-Executive Branch Financial
Disclosure, Qualified Trusts, and Certificates of
Investiture;
* 5 C.F.R. §2635-Standards of Ethical Conduct for
Employees of the Executive Branch;
* 5 C.F.R. §2636-Limitations on Outside Earned
Income, Employment and Affiliations for Certain
Noncareer Employees;
* 5 C.F.R. §2638-Executive Branch Ethics Program;
* 5 C.F.R. §2640-Interpretation, Exemptions, Waiver
Guidance Concerning 18 U.S.C. 208 (Acts Affecting a
Personal Financial Interest); and
* 5 C.F.R. §2641-Post-Employment Conflict of Interest
Restrictions.](ViewImageLocal?handle=hein.crs/govesid0001&div=1&collection=&method=preview&ext=.png&size=3)