272 
the individual must recuse himself or herself in a specific 
instance. An individual shall be considered to have com-
plied with the requirements of subsection (a) with respect 
to such recusal agreement if such individual files a copy 
of the document setting forth the information described 
in the preceding sentence with such individual’s des-
ignated agency ethics official or the appropriate super-
vising ethics office within the time prescribed in the last 
sentence of subsection (a). 
‘‘Subchapter II—OFFICE OF 
GOVERNMENT ETHICS 
‘‘§ 13121. Establishment; appointment of Director 
‘‘(a) ESTABLISHMENT.—There is established an exec-
utive agency to be known as the Office of Government 
Ethics. 
‘‘(b) DIRECTOR.—There shall be at the head of the 
Office of Government Ethics a Director (hereinafter re-
ferred to as the ‘Director’), who shall be appointed by the 
President, by and with the advice and consent of the Sen-
ate. Effective with respect to any individual appointed or 
reappointed by the President as Director on or after Octo-
ber 1, 1983, the term of service of the Director shall be 
5 years. 
‘‘(c) AUTHORITY
OF
DIRECTOR.—The Director 
may—
273 
‘‘(1) appoint officers and employees, including 
attorneys, in accordance with chapter 51 and sub-
chapter III of chapter 53 of this title; and 
‘‘(2) contract for financial and administrative 
services (including those related to budget and ac-
counting, financial reporting, personnel, and pro-
curement) with the General Services Administration, 
or such other Federal agency as the Director deter-
mines appropriate, for which payment shall be made 
in advance, or by reimbursement, from funds of the 
Office of Government Ethics in such amounts as 
may be agreed upon by the Director and the head 
of the agency providing such services. 
Contract authority under paragraph (2) shall be effective 
for any fiscal year only to the extent that appropriations 
are available for that purpose. 
‘‘§ 13122. Authority and functions 
‘‘(a) OVERALL DIRECTION OF EXECUTIVE BRANCH 
POLICIES RELATING TO PREVENTION OF CONFLICTS OF 
INTEREST.—The Director shall provide, in consultation 
with the Office of Personnel Management, overall direc-
tion of executive branch policies related to preventing con-
flicts of interest on the part of officers and employees of 
any executive agency, as defined in section 105 of this 
title.
274 
‘‘(b) RESPONSIBILITIES OF DIRECTOR.—The respon-
sibilities of the Director shall include— 
‘‘(1) developing, in consultation with the Attor-
ney General and the Office of Personnel Manage-
ment, rules and regulations to be promulgated by 
the President or the Director pertaining to conflicts 
of interest and ethics in the executive branch, in-
cluding rules and regulations establishing procedures 
for the filing, review, and public availability of finan-
cial statements filed by officers and employees in the 
executive branch as required by subchapter I; 
‘‘(2) developing, in consultation with the Attor-
ney General and the Office of Personnel Manage-
ment, rules and regulations to be promulgated by 
the President or the Director pertaining to the iden-
tification and resolution of conflicts of interest; 
‘‘(3) monitoring and investigating compliance 
with the public financial disclosure requirements of 
subchapter I by officers and employees of the execu-
tive branch and executive agency officials responsible 
for receiving, reviewing, and making available finan-
cial statements filed pursuant to subchapter I; 
‘‘(4) conducting a review of financial statements 
to determine whether such statements reveal possible 
violations of applicable conflict of interest laws or
275 
regulations and recommending appropriate action to 
correct any conflict of interest or ethical problems 
revealed by such review; 
‘‘(5) monitoring and investigating individual 
and agency compliance with any additional financial 
reporting and internal review requirements estab-
lished by law for the executive branch; 
‘‘(6) interpreting rules and regulations issued 
by the President or the Director governing conflict 
of interest and ethical problems and the filing of fi-
nancial statements; 
‘‘(7) consulting, when requested, with agency 
ethics counselors and other responsible officials re-
garding the resolution of conflict of interest prob-
lems in individual cases; 
‘‘(8) establishing a formal advisory opinion 
service whereby advisory opinions are rendered on 
matters of general applicability or on important mat-
ters of first impression after, to the extent prac-
ticable, providing interested parties with an oppor-
tunity to transmit written comments with respect to 
the request for such advisory opinion, and whereby 
such advisory opinions are compiled, published, and 
made available to agency ethics counselors and the 
public;
276 
‘‘(9) ordering corrective action on the part of 
agencies and employees which the Director deems 
necessary; 
‘‘(10) requiring such reports from executive 
agencies as the Director deems necessary; 
‘‘(11) assisting the Attorney General in evalu-
ating the effectiveness of the conflict of interest laws 
and in recommending appropriate amendments; 
‘‘(12) evaluating, with the assistance of the At-
torney General and the Office of Personnel Manage-
ment, the need for changes in rules and regulations 
issued by the Director and the agencies regarding 
conflict of interest and ethical problems, with a view 
toward making such rules and regulations consistent 
with and an effective supplement to the conflict of 
interest laws; 
‘‘(13) cooperating with the Attorney General in 
developing an effective system for reporting allega-
tions of violations of the conflict of interest laws to 
the Attorney General, as required by section 535 of 
title 28; 
‘‘(14) providing information on and promoting 
understanding of ethical standards in executive 
agencies; and
277 
‘‘(15) developing, in consultation with the Of-
fice of Personnel Management, and promulgating 
such rules and regulations as the Director deter-
mines necessary or desirable with respect to the 
evaluation of any item required to be reported by 
subchapter I. 
‘‘(c) CONSULTATION.—In the development of policies, 
rules, regulations, procedures, and forms to be rec-
ommended, authorized, or prescribed by the Director, the 
Director shall consult when appropriate with the executive 
agencies affected and with the Attorney General. 
‘‘(d) ESTABLISHED WRITTEN PROCEDURES.— 
‘‘(1) IN GENERAL.—The Director shall, by the 
exercise of any authority otherwise available to the 
Director under this subchapter, ensure that each ex-
ecutive agency has established written procedures re-
lating to how the agency is to collect, review, evalu-
ate, and, if applicable, make publicly available, fi-
nancial disclosure statements filed by any of its offi-
cers or employees. 
‘‘(2) CONFORMANCE
WITH
APPLICABLE
RE-
QUIREMENTS.—In carrying out paragraph (1), the 
Director shall ensure that each agency’s procedures 
are in conformance with all applicable requirements,
278 
whether established by law, rule, regulation, or Ex-
ecutive order. 
‘‘(e) REPORTS FROM EXECUTIVE AGENCIES.—In 
carrying out subsection (b)(10), the Director shall pre-
scribe regulations under which— 
‘‘(1) each executive agency shall be required to 
submit to the Office an annual report containing— 
‘‘(A) a description and evaluation of the 
agency’s ethics program, including any edu-
cational, counseling, or other services provided 
to officers and employees, in effect during the 
period covered by the report; 
‘‘(B) the position title and duties of— 
‘‘(i) each official who was designated 
by the agency head to have primary re-
sponsibility for the administration, coordi-
nation, and management of the agency’s 
ethics program during any portion of the 
period covered by the report; and 
‘‘(ii) each officer or employee who was 
designated to serve as an alternate to the 
official having primary responsibility dur-
ing any portion of such period; and 
‘‘(C) any other information that the Direc-
tor may require in order to carry out the re-
279 
sponsibilities of the Director under this sub-
chapter; and 
‘‘(2) each executive agency shall be required to 
inform the Director upon referral of any alleged vio-
lation of Federal conflict of interest law to the At-
torney General pursuant to section 535 of title 28, 
except that nothing under this paragraph shall re-
quire any notification or disclosure which would oth-
erwise be prohibited by law. 
‘‘(f) CORRECTIVE ACTIONS.— 
‘‘(1) EXECUTIVE AGENCIES.—In carrying out 
subsection (b)(9) with respect to executive agencies, 
the Director— 
‘‘(A) may— 
‘‘(i) order specific corrective action on 
the part of an agency based on the failure 
of such agency to establish a system for 
the collection, filing, review, and, when ap-
plicable, public inspection of financial dis-
closure statements, in accordance with ap-
plicable requirements, or to modify an ex-
isting system in order to meet applicable 
requirements; or 
‘‘(ii) order specific corrective action 
involving the establishment or modification
280 
of an agency ethics program (other than 
with respect to any matter under clause 
(i)) in accordance with applicable require-
ments; and 
‘‘(B) shall, if an agency has not complied 
with an order under subparagraph (A) within a 
reasonable period of time, notify the President 
and the Congress of the agency’s noncompliance 
in writing (including, with the notification, any 
written comments which the agency may pro-
vide). 
‘‘(2) INDIVIDUAL OFFICERS AND EMPLOYEES.— 
‘‘(A) IN GENERAL.—In carrying out sub-
section (b)(9) with respect to individual officers 
and employees— 
‘‘(i) the Director may make such rec-
ommendations and provide such advice to 
such officers and employees as the Direc-
tor considers necessary to ensure compli-
ance with rules, regulations, and Executive 
orders relating to conflicts of interest or 
standards of conduct; 
‘‘(ii) if the Director has reason to be-
lieve that an officer or employee is vio-
lating, or has violated, any rule, regulation,
281 
or Executive order relating to conflicts of 
interest or standards of conduct, the Direc-
tor— 
‘‘(I) may recommend to the head 
of the officer’s or employee’s agency 
that such agency head investigate the 
possible violation and, if the agency 
head finds such a violation, that such 
agency head take any appropriate dis-
ciplinary action (such as reprimand, 
suspension, demotion, or dismissal) 
against the officer or employee, except 
that, if the officer or employee in-
volved is the agency head, any such 
recommendation shall instead be sub-
mitted to the President; and 
‘‘(II) shall notify the President in 
writing if the Director determines that 
the head of an agency has not con-
ducted an investigation pursuant to 
subclause (I) within a reasonable time 
after the Director recommends such 
action; 
‘‘(iii) if the Director finds that an of-
ficer or employee is violating any rule, reg-
282 
ulation, or Executive order relating to con-
flicts of interest or standards of conduct, 
the Director— 
‘‘(I) may order the officer or em-
ployee to take specific action (such as 
divestiture, recusal, or the establish-
ment of a blind trust) to end such vio-
lation; and 
‘‘(II) shall, if the officer or em-
ployee has not complied with the 
order under subclause (I) within a 
reasonable period of time, notify, in 
writing, the head of the officer’s or 
employee’s agency of the officer’s or 
employee’s 
noncompliance, 
except 
that, if the officer or employee in-
volved is the agency head, the notifi-
cation shall instead be submitted to 
the President; and 
‘‘(iv) if the Director finds that an offi-
cer or employee is violating, or has vio-
lated, any rule, regulation, or Executive 
order relating to conflicts of interest or 
standards of conduct, the Director—
283 
‘‘(I) may recommend to the head 
of the officer’s or employee’s agency 
that appropriate disciplinary action 
(such as reprimand, suspension, de-
motion, or dismissal) be brought 
against the officer or employee, except 
that if the officer or employee involved 
is the agency head, any such rec-
ommendations shall instead be sub-
mitted to the President; and 
‘‘(II) may notify the President in 
writing if the Director determines that 
the head of an agency has not taken 
appropriate disciplinary action within 
a reasonable period of time after the 
Director recommends such action. 
‘‘(B) INVESTIGATIONS AND FINDINGS CON-
CERNING POSSIBLE VIOLATIONS.— 
‘‘(i) AUTHORITY
OF
DIRECTOR.—In 
order to carry out the Director’s duties 
and responsibilities under subparagraph 
(A)(iii) or (iv) with respect to individual 
officers and employees, the Director may 
conduct investigations and make findings 
concerning possible violations of any rule,
284 
regulation, or Executive order relating to 
conflicts of interest or standards of con-
duct applicable to officers and employees 
of the executive branch. 
‘‘(ii) NOTIFICATION OF ALLEGED VIO-
LATION
AND
OPPORTUNITY
TO
COM-
MENT.— 
‘‘(I) NOTIFICATION
BEFORE
A 
FINDING IS MADE.—Subject to clause 
(iv) of this subparagraph, before any 
finding is made under subparagraphs 
(A)(iii) or (iv), the officer or employee 
involved shall be afforded notification 
of the alleged violation, and an oppor-
tunity to comment, either orally or in 
writing, on the alleged violation. 
‘‘(II) PROCEDURES.—The Direc-
tor shall, in accordance with section 
553 of this title, establish procedures 
for such notification and comment. 
‘‘(iii) HEARING.—Subject to clause 
(iv) of this subparagraph, before any ac-
tion 
is 
ordered 
under 
subparagraph 
(A)(iii), the officer or employee involved 
shall be afforded an opportunity for a
285 
hearing, if requested by such officer or em-
ployee, except that any such hearing shall 
be conducted on the record. 
‘‘(iv) EXCEPTION.—The procedures 
described in clauses (ii) and (iii) of this 
subparagraph do not apply to findings or 
orders for action made to obtain compli-
ance with the financial disclosure require-
ments in subchapter I. For those findings 
and orders, the procedures in section 
13108 of this title shall apply. 
‘‘(3) COPIES OF ORDERS RELATING TO FINDING 
OF VIOLATION.—The Director shall send a copy of 
any order under paragraph (2)(A)(iii) to— 
‘‘(A) the officer or employee who is the 
subject of such order; and 
‘‘(B) the head of the officer’s or employee’s 
agency or, if such officer or employee is the 
agency head, to the President. 
‘‘(4) AGENCY HEADED BY BOARD, COMMITTEE, 
OR
OTHER
GROUP.—For purposes of paragraphs 
(2)(A)(ii), (iii), (iv), and (3)(B), in the case of an of-
ficer or employee within an agency which is headed 
by a board, committee, or other group of individuals 
(rather than by a single individual), any notification,
286 
recommendation, or other matter which would other-
wise be sent to an agency head shall instead be sent 
to the officer’s or employee’s appointing authority. 
‘‘(5) NO AUTHORITY TO MAKE FINDINGS OF 
CRIMINAL LAW VIOLATIONS.—Nothing in this sub-
chapter shall be considered to allow the Director (or 
any designee) to make any finding that a provision 
of title 18, or any criminal law of the United States 
outside of title 18, has been or is being violated. 
‘‘(6) 
LIMITATION
ON
AVAILABILITY
OF 
RECORDS.—Notwithstanding any other provision of 
law, no record developed pursuant to the authority 
of this section concerning an investigation of an in-
dividual for a violation of any rule, regulation, or 
Executive order relating to a conflict of interest shall 
be made available pursuant to section 552(a)(3) of 
this title, unless the request for such information 
identifies the individual to whom such records relate 
and the subject matter of any alleged violation to 
which such records relate, except that nothing in 
this subsection shall affect the application of the 
provisions of section 552(b) of this title to any 
record so identified.
287 
‘‘§ 13123. Administrative provisions 
‘‘(a) ASSISTANCE TO DIRECTOR.—Upon the request 
of the Director, each executive agency is directed to— 
‘‘(1) make its services, personnel, and facilities 
available to the Director to the greatest practicable 
extent for the performance of functions under this 
chapter; and 
‘‘(2) except when prohibited by law, furnish to 
the Director all information and records in its pos-
session which the Director may determine to be nec-
essary for the performance of the Director’s duties. 
The authority of the Director under this section includes 
the authority to request assistance from the inspector gen-
eral of an agency in conducting investigations pursuant 
to the Office of Government Ethics responsibilities under 
this chapter. The head of any agency may detail such per-
sonnel and furnish such services, with or without reim-
bursement, as the Director may request to carry out the 
provisions of this chapter. 
‘‘(b) GIFT ACCEPTANCE AUTHORITY.— 
‘‘(1) IN GENERAL.—The Director is authorized 
to accept and utilize on behalf of the United States, 
any gift, donation, bequest, or devise of money, use 
of facilities, personal property, or services for the 
purpose of aiding or facilitating the work of the Of-
fice of Government Ethics.
288 
‘‘(2) LIMITATIONS.—No gift may be accepted— 
‘‘(A) that attaches conditions inconsistent 
with applicable laws or regulations; or 
‘‘(B) that is conditioned upon or will re-
quire the expenditure of appropriated funds 
that are not available to the Office of Govern-
ment Ethics. 
‘‘(3) CRITERIA
FOR
DETERMINING
APPRO-
PRIATENESS OF GIFT ACCEPTANCE.—The Director 
shall establish written rules setting forth the criteria 
to be used in determining whether the acceptance of 
contributions of money, services, use of facilities, or 
personal property under this subsection would reflect 
unfavorably upon the ability of the Office of Govern-
ment Ethics, or any employee of such Office, to 
carry out its responsibilities or official duties in a 
fair and objective manner, or would compromise the 
integrity or the appearance of the integrity of its 
programs or any official involved in those programs.
289 
‘‘§ 13124. Rules and regulations 
‘‘In promulgating rules and regulations pertaining to 
financial disclosure, conflict of interest, and ethics in the 
executive branch, the Director shall issue rules and regula-
tions in accordance with chapter 5 of this title. Any person 
may seek judicial review of any such rule or regulation. 
‘‘§ 13125. Authorization of appropriations 
‘‘There are authorized to be appropriated to carry out 
this subchapter such sums as may be necessary for fiscal 
year 2007. 
‘‘§ 13126. Reports to Congress 
‘‘The Director shall, no later than April 30 of each 
year in which the second session of a Congress begins, 
submit to the Congress a report containing— 
‘‘(1) a summary of the actions taken by the Di-
rector during a 2-year period ending on December 
31 of the preceding year in order to carry out the 
Director’s functions and responsibilities under this 
subchapter; and 
‘‘(2) such other information as the Director 
may consider appropriate. 
‘‘Subchapter 
III—LIMITATIONS 
ON 
OUTSIDE 
EARNED 
IN-
COME AND EMPLOYMENT 
‘‘§ 13141. Definitions 
‘‘In this subchapter: