Blumenthal Introduces Legislation to Strengthen the Office of Government Ethics
[WASHINGTON, DC] – After four years of an administration that shattered conflicts of interest standards and ethical norms in government, U.S. Senator Richard Blumenthal (D-CT) is introducing legislation to strengthen the Office of Government Ethics (OGE), the independent agency responsible for preventing and resolving conflicts of interest within the Executive Branch. Although OGE is able to identify violations of ethics laws and regulations, it lacks the authority to compel compliance. The Executive Branch Comprehensive Ethics Enforcement Act would empower OGE to enforce federal ethics laws and regulations within a strong system of checks and balances.
“This legislation would give our nation’s top ethics watchdog real teeth,” Blumenthal said.
“The last four years showed just how easily ‘norms’ that aren’t written into law can be ignored. This legislation will ensure basic accountability for the kind of egregious ethics violations we became accustomed to during the Trump Administration – ensuring that our nation’s leaders and public servants are serving the American people, not their own self-interest.”
Under current law, OGE is only able to act in an advisory capacity. The agency is not permitted to require federal employees to divest from their financial holdings, or to order agencies to terminate employees that continue to operate with financial conflicts of interest while in government.
The Executive Branch Comprehensive Ethics Enforcement Act would empower OGE to hold political appointees and federal employees accountable by:
Strengthening the Authority of the Office of Government Ethics. The Executive Branch Comprehensive Ethics Enforcement Act strengthens OGE’s authority by granting the Director the ability to subpoena documents and witnesses in order to gather necessary information and conduct formal investigations. It also clarifies that OGE may report issues and its findings directly to Congress. Finally, the bill preserves agency ethics officers as the first-line authority to interpret and enforce the ethics laws, but requires those agency ethics officials to report directly to the OGE.
Clarifying the Scope of Ethics Rules. The legislation clarifies that the scope of OGE’s rules and regulations extend to White House personnel as well as executive branch agencies.
Ensuring Accountability for Ethics Violations. When a federal employee’s efforts to comply with ethics rules or regulations fall short, the bill authorizes OGE to order corrective actions – such as divestiture, blind trusts and recusal – and impose appropriate administrative penalties – such as reprimand, suspension or dismissal.
Protecting the Independence of OGE. The legislation insulates the Director of OGE from political interference or retaliation by establishing clear requirements for his or her removal from the position. The Executive Branch Comprehensive Ethics Enforcement Act would protect the independence of OGE by ensuring that the Director can only be removed for cause, such as gross negligence or malfeasance in office.
Establishing OGE as the Central Repository for Ethics Records and Training. The legislation establishes OGE as the central repository for ethics records deemed public information by law or by the Director, and makes these records available on-line in a searchable and downloadable format.
The bill is co-sponsored by U.S. Senators Amy Klobuchar (D-MN), Mazie Hirono (D-HI), Sheldon Whitehouse (D-RI), and Tammy Duckworth (D-IL).
The bill is endorsed by Public Citizen, American Oversight, the Brennan Center for Justice, Campaign Legal Center, Citizens for Responsibility and Ethics in Washington (CREW), Clean Elections Texas, Common Cause, Demand Progress, DemCast USA, Democracy 21, Equal Justice Society, Friends of the Earth, Government Accountability Project (GAP), International Corporate Accountability Roundtable (ICAR), Open the Government, Network for Responsible Public Policy, Represent.Us New Mexico, Stand Up America, and The Workers Circle, as well as ethics expert and American Enterprise Institute (AEI) Resident Scholar Norman Ornstein, President George W. Bush’s chief ethics lawyer Richard Painter, former Ambassador and President Obama’s special counsel for ethics and government reform Norman Eisen, and American University Professor and ethics researcher James A. Thurber.
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