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Updated May 30, 2023
Office of Government Ethics: A Primer
The Ethics in Government Act of 1978, as amended (5
Codified in Title 5 of the Code of Federal Regulations
U.S.C. §§13121-13126), created the Office of Government
(C.F.R.), these regulations cover both internal OGE
Ethics (OGE) to provide “overall direction of executive
administration and general executive branch ethics issues,
branch policies related to preventing conflicts of interests
including the code of conduct for the executive branch,
on the part of officers and employees of any executive
interpretation of ethics-related civil and criminal law, the
[branch] agency” (5 U.S.C. §13122(a)). Originally created
implementation of financial disclosure requirements, and
within the Office of Personnel Management (OPM), today
the implementation of executive agency ethics programs.
OGE is an independent agency in the executive branch that
These regulations are:
provides guidance, training, and administrative support to
agency and department ethics offices on the wide range of
OGE Internal Organization and Operation Regulations
ethics, financial disclosure, and conflict of interest
provisions of federal law and executive orders.
• 5 C.F.R. §2600—Organization and Functions of the
Office of Government Ethics;
“A central office, such as the Office of Government
• 5 C.F.R. §2601—Implementation of Office of
Ethics, would have the overal responsibility for
Government Ethics Statutory Gift Acceptance
informing employees of their obligations with regard
Authority;
to conflict of interest avoidance and coordinate the
enforcement of these laws, rules, and regulations
• 5 C.F.R. §2606—Privacy Act Rules;
throughout the executive branch ... ” – Sen. Abraham
Ribicoff, Congressional Record, June 27, 1977, p. 20957.
• 5 C.F.R. §2608—Testimony by OGE Employees
Relating to Official Information and Production of
Organization
Official Records in Legal Proceedings; and
OGE is run by its Director, who is appointed by the
• 5 C.F.R. §2610—Implementation of Equal Access to
President, with the advice and consent of the Senate, to a
Justice Act.
five-year term. President Donald J. Trump appointed the
current OGE Director, Emory A. Rounds, III, on February
Executive Branch Ethics Program Regulations
13, 2018, and he was sworn in on July 13, 2018. His term
will expire in 2023. In addition to the Director, OGE is
• 5 C.F.R. §2634—Executive Branch Financial
organized into four divisions that are designed to carry out
Disclosure, Qualified Trusts, and Certificates of
the agency’s statutory functions. Figure 1 shows the
Investiture;
current organization chart as presented in OGE’s FY2022-
FY2026 strategic plan.
• 5 C.F.R. §2635—Standards of Ethical Conduct for
Functions
Employees of the Executive Branch;
OGE provides oversight to designated agency ethics
• 5 C.F.R. §2636—Limitations on Outside Earned
officials (DAEOs) in over 130 executive branch agencies.
Income, Employment and Affiliations for Certain
As part of this role, OGE ensures that conflicts of interest
Noncareer Employees;
are mitigated and that the integrity of the executive branch
and its employees is maintained. To conduct its mission,
• 5 C.F.R. §2638—Executive Branch Ethics Program;
OGE divides its functions into four broad categories: rules
and regulations, advice, education, and public financial
• 5 C.F.R. §2640—Interpretation, Exemptions, Waiver
disclosure filing. Additionally, the OGE aids the President-
Guidance Concerning 18 U.S.C. 208 (Acts Affecting a
elect and the President with nominations, and the Senate
Personal Financial Interest); and
with evaluating potential conflicts of interest for
presidential nominations.
• 5 C.F.R. §2641—Post-Employment Conflict of Interest
Rules and Regulations
Restrictions.
To complete its statutory mission, the OGE periodically
issues rules and regulations to guide agency ethics officers.
https://crsreports.congress.gov
Office of Government Ethics: A Primer
Figure 1. Office of Government Ethics Organization Chart
Source: Depicted in U.S. Office of Government Ethics, Strategic Plan Fiscal Years 2022-26, p. 2.
Advice
https://www.oge.gov/web/OGE.nsf/
OGE provides advisories to DAEOs in three main
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categories: legal, education, and program management.
ection?OpenForm.
Legal advisories guide DAEOs on substantive ethics issues.
Presidential Nominations
Education advisories focus on training and other education-
In addition to assisting DAEOs with financial disclosure,
related matters. Program management advisories provide
OGE also assists the President-elect, the President, and the
information for DAEOs on managing agency ethics
Senate during the nomination and confirmation process for
programs. OGE Advisories are available at
advice and consent positions. OGE works with the
https://www.oge.gov/web/oge.nsf/
President-elect’s transition team or the White House to
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review nominee financial disclosure statements, identify
Education
possible conflicts of interest, and propose remedies to
OGE provides ongoing training and education opportunities
resolve those conflicts, when appropriate. Ethics
to DAEOs. These include job aids, quick reference guides,
agreements and public financial disclosure filings for
and posters for DAEOs to use within their agencies.
certain individual positions listed in 5 U.S.C. §5312 (Level
Training tools and templates can be found at
I of the Executive Schedule (ES)) and 5 U.S.C. §5313
https://www.oge.gov/Web/OGE.nsf/
(Level II of the ES) may be found in the financial
ethicsofficials_education-through-training. Additionally,
disclosure database on the OGE website.
OGE holds periodic ethics training to provide DAEOs with
Funding
educational and networking opportunities.
In FY2023, OGE received $24.5 million in appropriations
Financial Disclosure
in the Financial Services and General Government (FSGG)
appropriations bill (Division E, Title V of the Consolidated
OGE creates the public and confidential financial disclosure
Appropriations Act, 2023 [P.L. 117-328]). For FY2024,
forms for executive branch personnel. Financial disclosure
OGE has requested $23.037 million in appropriations.
forms are used by DAEOs to identify and prevent potential
Oversight of OGE is conducted by the House Oversight and
conflicts of interest for current and potential employees.
Reform Committee; the House Judiciary Committee,
Two financial disclosure forms exist: OGE Form 278, for
Subcommittee on the Constitution; and the Senate
public disclosure by presidential appointees and certain
Homeland Security and Government Affairs Committee.
executive branch employees; and OGE Form 450, for
confidential disclosure by other executive branch
employees. Agencies keep confidential filings on file and
Jacob R. Straus, Specialist on the Congress
they are not available for public inspection. OGE maintains
IF10634
a database of public filings on its website, at
https://crsreports.congress.gov
Office of Government Ethics: A Primer
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.
https://crsreports.congress.gov | IF10634 · VERSION 6 · UPDATED