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An Overview of the Executive Branch Ethics Program
from the United States Office of Government Ethics
The U.S. Office of Government Ethics (OGE) provides ethics leadership for all Executive Branch agencies. OGE's mission includes preventing and resolving conflicts of interest by interpreting ethics laws and regulations, providing ethics guidance and training to Executive Branch agencies, and ensuring that potential nominees for senior Executive Branch agency positions are free from financial conflicts of interest.
Public service is a public trust, and government officials have a duty to make official decisions influenced by public rather than private interests. The Executive Branch ethics program fosters high ethical standards for employees at all levels that strengthen the public's confidence in the impartiality and integrity of their government. Every government employee is obligated to abide by the ethical principles and values set forth in various Executive Orders, ethics laws and rules.
The head of each agency has primary responsibility for the ethical leadership of that agency's ethics program. Each agency head selects an employee to serve as that agency's Designated Agency Ethics Official (DAEO). The DAEO is your primary resource for ethics information and counseling and administers your agency's ethics program. Government ethics laws and regulations are not always intuitive. Your DAEO has experience and training to help you. He or she should be a key member of your team and consulted frequently. Your DAEO is also your agency's link to OGE and to the government ethics community.
As an appointee or nominee, your first contact with the ethics program probably will be the completion and filing of your public financial disclosure report (the SF 278). The purpose of this report is to assist your DAEO, OGE, and the White House Counsel's Office determine what, if any, potential conflicts of interest may exist between your financial interests and your prospective government duties. If there are actual or potential conflicts, remedies will be identified to resolve them. These remedies may range from simply not working on a particular government matter to selling the conflicting asset. In rare cases, the conflict may be of a nature where an official waiver can be granted. By May 15 every year you are in office, you will update your financial disclosure report.
The conflict of interest statutes are located at 18 U.S.C. 201-209. The Standards of Ethical Conduct for Employees of the Executive Branch are located at 5 C.F.R. Part 2635. Some of the areas covered by the ethics laws and rules include:
- Gifts from sources outside the government and gifts between government employees
- Conflicting financial interests
- Impartiality in performing official duties
- Proper use of your government position and resources, including how to avoid misuse of position for private gain, misuse of nonpublic information, and misuse of government property, time, and, employees
- Appropriate outside activities, including: outside employment; outside earned income; teaching, speaking and writing; and fund-raising activities
- Seeking post-government employment and limitations on your post-government service
The conflict of interest statutes are part of the U.S. Code, and a violation of these laws is a crime. A violation of the implementing regulations can have very serious consequences. Two of the most important things you can do as a senior official are to lead by positive ethical example and work closely with your DAEO to establish a strong ethical culture in your organization. You can find Frequently Asked Questions, detailed guidance on common ethics issues, an electronically fill-able SF 278 public financial disclosure report, and many other resources at www.usoge.gov.
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