[Federal Register Volume 67, Number 124 (Thursday, June 27, 2002)]
[Notices]
[Page 43321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16256]
[[Page 43321]]
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OFFICE OF GOVERNMENT ETHICS
Review of Criminal Conflict of Interest Statutes; Opportunity for
Comment
AGENCY: Office of Government Ethics (OGE).
ACTION: Notice.
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SUMMARY: The Office of Government Ethics is conducting a review of the
criminal conflict of interest statutes, 18 U.S.C. 202-209. This notice
provides the public and agencies an opportunity to comment.
DATES: July 29, 2002.
ADDRESSES: Send any comments to the Office of Government Ethics, Suite
500, 1201 New York Avenue, NW., Washington, DC 20005-3917, Attention:
Mr. Stuart D. Rick. Comments also may be sent electronically to OGE's
Internet E-mail address at [email protected]. For E-mail messages, the
subject line should include the following reference--''Comments
Regarding Criminal Conflict of Interest Law Review.''
FOR FURTHER INFORMATION CONTACT: Stuart D. Rick, Deputy General
Counsel, Office of Government Ethics; Telephone: 202-208-8000; TDD:
202-208-8025; FAX: 202-208-8037.
SUPPLEMENTARY INFORMATION: In a report to Congress last year, the
Office of Government Ethics announced its intention to examine whether
the criminal conflict of interest laws could be simplified or otherwise
improved without sacrificing the necessary protection they provide for
a fair and impartial Government process. Office of Government Ethics,
Report on Improvements to the Financial Disclosure Process for
Presidential Nominees 21-22 (April 2001) (available on OGE's website,
www.usoge.gov, under ``Forms, Publications & Other Ethics Documents'').
Pursuant to its authorities under section 402 of the Ethics in
Government Act of 1978, as amended (5 U.S.C. appendix), the Office of
Government Ethics is now conducting a review of these statutes, which
are codified at 18 U.S.C. 202-209.
The Office of Government Ethics is evaluating whether the conflict
of interest laws are adequately tailored to their legislative purposes,
in light of the realities of modern Government. The conflict of
interest statutes have existed in more or less their current form for
nearly 40 years, and the last comprehensive examination of the conflict
of interest statutes occurred in 1989. See To Serve With Honor: Report
of the President's Commission on Federal Ethics Law Reform (March
1989). Since that time, a number of developments have occurred,
including, among others: sustained Government efforts toward
privatization of certain functions; a growing emphasis on
commercialization of Government-developed products; ever-increasing
reliance on personnel with scientific and technological expertise; and
a series of decisions by the courts that have called into question the
appropriate scope of certain restrictions on the outside activities of
Federal employees, e.g., Van Ee v. EPA, 202 F.3d 296 (D.C. Cir. 2000).
The Office of Government Ethics' own experience in applying these laws
over the years has led us to question whether some of the current
restrictions may be unnecessarily broad. At the same time, we also
believe there may be areas in which the current laws are too narrow to
address real conflicts.
As part of its review, OGE invites members of the public to express
their views concerning the need for change to the criminal conflict of
interest statutes. Interested persons may submit written comments to
OGE by July 29, 2002. Although numerous agency ethics officials already
have provided comments concerning this matter in written submissions
and/or meetings with OGE, any interested agencies also are invited to
submit any additional comments they may have in response to this
notice.
Approved: June 20, 2002.
Amy L. Comstock,
Director, Office of Government Ethics.
[FR Doc. 02-16256 Filed 6-26-02; 8:45 am]
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