The United States Office of Government Ethics (OGE) is an independent agency within the executive branch of the U.S. Federal Government which is responsible for directing executive branch policies relating to the prevention of conflicts of interest on the part of Federal executive branch officers and employees. Under the Ethics in Government Act, this agency was originally part of the Office of Personnel Management from 1978 until it separated in 1989.
The main duties of OGE include the following:
Government ethics concerns in the United States were first addressed by Congress in 1853. [1] [2] The act, entitled "An Act to prevent Frauds upon the Treasury of the United States," made it a misdemeanor for "any officer of the United States" or "any Senator or Representative in Congress" to assist in or prosecute "any claim against the United States."
Ethics concerns continued to obtain during the Civil War. [1] Theodore Roosevelt, prior to becoming Vice-President, served as United States Civil Service Commissioner under President Benjamin Harrison. He drew on this experience to help create the modern merit system (now exemplified by the United States Merit Systems Protection Board) for federal employees, as President. [1] This, in turn, led to further developments, including the focus on ethics in Franklin Delano Roosevelt's 1933 inaugural speech.
Following Watergate, Congress passed the Ethics in Government Act of 1978 as an attempt to curb the ongoing issues with Ethics in Government. [1]
The Director of OGE is appointed by the President after confirmation by the U.S. Senate. The Director of OGE serves a five-year term, thereby overlapping presidential terms, and is subject to no term limit. The rest of the OGE employees are career civil servants. Created by the Ethics in Government Act of 1978, OGE separated from the U.S. Office of Personnel Management in 1989 pursuant to reform legislation. [3] [ self-published source ]
David Huitema is the current director of the OGE, having been sworn into office on December 16, 2024. [4]
A series of tweets on 30 November 2016 from the office's official Twitter account praised President-elect Donald Trump for planning to divest his business holdings in order to resolve potential conflicts of interest, following an announcement where Trump reaffirmed his intent to take himself out of business operations, despite him having made no firm commitment to a divestment like selling his businesses or a blind trust. A number of observers speculated that the office's account might have been hacked, a suggestion it later denied. [5] The New York Times suggested that the apparent misunderstanding behind the postings were deliberately intended to reveal the independent agency had advised Trump's legal counsel that a divestment was the only adequate remedy for resolving any conflict, and, by extension, pressure Trump into doing so. [6] A Freedom of Information Act request by news organization The Daily Dot revealed that OGE Director Walter M. Shaub personally ordered officials within the agency to post the nine tweets. [7]
Under the Trump Administration, the Office reversed its own internal policy prohibiting anonymous donations from lobbyists to White House staffers who have legal defense funds. [8]
On May 11, 2017, the Office of Government Ethics requested the Trump administration and its associates submit a form regarding divestment of assets and possible conflicts of interest. [9]
The Office of Management and Budget (OMB) is the largest office within the Executive Office of the President of the United States (EOP). OMB's most prominent function is to produce the president's budget, but it also examines agency programs, policies, and procedures to see whether they comply with the president's policies and coordinates inter-agency policy initiatives.
The United States federal executive departments are the principal units of the executive branch of the federal government of the United States. They are analogous to ministries common in parliamentary or semi-presidential systems but they are led by a head of government who is also the head of state. The executive departments are the administrative arms of the president of the United States. There are currently 15 executive departments.
The Hatch Act of 1939, An Act to Prevent Pernicious Political Activities, is a United States federal law that prohibits civil-service employees in the executive branch of the federal government, except the president and vice president, from engaging in some forms of political activity. It became law on August 2, 1939. The law was named for Senator Carl Hatch of New Mexico. It was most recently amended in 2012.
The United States Office of Personnel Management (OPM) is an independent agency of the United States government that manages the United States federal civil service. The agency provides federal human resources policy, oversight, and support, and tends to healthcare (FEHB), life insurance (FEGLI), and retirement benefits for federal government employees, retirees, and their dependents.
The Ethics in Government Act of 1978 is a United States federal law that was passed in the wake of the Nixon Watergate scandal and the Saturday Night Massacre. It was intended to fight corruption in government.
The United States Office of Special Counsel (OSC) is a permanent independent federal investigative and prosecutorial agency whose basic legislative authority comes from four federal statutes: the Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act, and the Uniformed Services Employment and Reemployment Rights Act (USERRA). OSC's primary mission is the safeguarding of the merit system in federal employment by protecting employees and applicants from prohibited personnel practices (PPPs), especially reprisal for "whistleblowing." The agency also operates a secure channel for federal whistleblower disclosures of violations of law, rule, or regulation; gross mismanagement; gross waste of funds; abuse of authority; and substantial and specific danger to public health and safety. In addition, OSC issues advice on the Hatch Act and enforces its restrictions on partisan political activity by government employees. Finally, OSC protects the civilian employment and reemployment rights of military service members under USERRA. OSC has around 140 staff, and the Special Counsel is an ex officio member of Council of Inspectors General on Integrity and Efficiency (CIGIE), an association of inspectors general charged with the regulation of good governance within the federal government.
The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that supports the attorney general in their role as legal adviser to the president and all executive branch agencies. It drafts legal opinions of the attorney general and provides its own written opinions and other advice in response to requests from the counsel to the president, the various agencies of the executive branch, and other components of the Department of Justice. The office reviews and comments on the constitutionality of pending legislation. The office reviews any executive orders and substantive proclamations for legality if the president proposes them. All proposed orders of the attorney general and regulations that require the attorney general's approval are reviewed. It also performs a variety of special assignments referred by the attorney general or the deputy attorney general.
The United States federal civil service is the civilian workforce of the United States federal government's departments and agencies. The federal civil service was established in 1871. U.S. state and local government entities often have comparable civil service systems that are modeled on the national system to varying degrees.
The Office of Special Counsel was an office of the United States Department of Justice established by provisions in the Ethics in Government Act that expired in 1999. The provisions were replaced by Department of Justice regulation 28 CFR Part 600, which created the successor office of special counsel. The current regulations were drafted by former acting solicitor general Neal Katyal.
John MichaelMulvaney is an American politician who served as director of the Office of Management and Budget (OMB) from February 2017 until March 2020, and as acting White House Chief of Staff from January 2019 until March 2020. Prior to his appointments to the Trump administration, he served in the U.S. House of Representatives.
The Federal Vacancies Reform Act of 1998 is a United States federal statute establishing the procedure for filling vacancies in an appointed office of an executive agency of the government before the appointment of a permanent replacement.
The Stop Trading on Congressional Knowledge (STOCK) Act of 2012 is an Act of Congress designed to combat insider trading. It was signed into law by President Barack Obama on April 4, 2012. The law prohibits the use of non-public information for private profit, including insider trading, by members of Congress and other government employees. It confirms changes to the Commodity Exchange Act, specifies reporting intervals for financial transactions.
According to the United States Office of Government Ethics, a political appointee is "any employee who is appointed by the President, the Vice President, or agency head". As of 2016, there were around 4,000 political appointment positions which an incoming administration needs to review, and fill or confirm, of which about 1,200 require Senate confirmation. The White House Presidential Personnel Office (PPO) is one of the offices most responsible for political appointees and for assessing candidates to work at or for the White House.
Walter Michael Shaub Jr. is an American attorney specializing in government ethics who, from January 9, 2013 to July 19, 2017, was the director of the United States Office of Government Ethics. As of July 19, 2017, he joined the Washington D.C.-based election law organization the Campaign Legal Center (CLC) as senior director, ethics.
The 2017 United States federal hiring freeze was instituted by the Presidential Memorandum signed by President Donald Trump on January 23, 2017. Trump and Office of Management and Budget Director Mick Mulvaney ordered the hiring freeze lifted on April 12, 2017.
Executive Order 13770, entitled "Ethics Commitments by Executive Branch Appointees," was an executive order issued by US President Donald Trump on January 28, 2017, that directs executive branch employees on a ban from becoming a lobbyist for five years. The order, which reflected an increasingly standard practice of issuing such ethics rules by executive order early in a new administration, borrowed language from similar orders issued by past administrations.
David J. Apol is General Counsel at the United States Office of Government Ethics (OGE). He served as an acting director of the OGE between the resignation of Walter Shaub on July 19, 2017 and the appointment of Emory Rounds on July 13, 2018.
Under the federal law of the United States, the term "special Government employee" (SGE) refers to an advisor, expert or consultant who is appointed to work with federal government. The role of special Government employees is defined in 18 U.S.C. § 202.
David Patrick Huitema is an American attorney and government ethics official serving as Director of the United States Office of Government Ethics since December 2024. He was nominated by President Joe Biden to serve a five-year term.
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