{ "id": "RL31822", "type": "CRS Report", "typeId": "REPORTS", "number": "RL31822", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 440369, "date": "2015-04-07", "retrieved": "2016-04-06T19:16:06.741454", "title": "Entering the Executive Branch of Government: Potential Conflicts of Interest with Previous Employments and Affiliations", "summary": "Ethics and conflict of interest concerns have been raised concerning the impartiality or bias of government regulators or administrators who, shortly before entering government service, represented, owned, were employed by, or were given large cash payments or \u201crewards\u201d by private firms or other entities that such officials must now regulate and oversee. Federal conflict of interest law and regulation, for the most part, deal with the potential influence of existing financial assets, properties, and relationships of a federal official. There are, however, some limited conflict of interest regulations and standards which look also to previous employment and past associations of those entering federal service. Additionally, in 2009, by Executive Order, certain \u201cappointees\u201d of President Obama must, during the Obama Administration, file an \u201cethics pledge\u201d agreeing to further limitations on participating in governmental matters affecting some former employers and/or clients. In 2010, the Administration\u2019s policy of not having registered lobbyists serve on advisory committees was formalized.\nThe regulatory scheme regarding financial interests and federal officials encompasses generally what has colloquially been called the \u201cthree-D\u201d method of conflict of interest regulation, that is: disclosure, disqualification, and divestiture. Public financial disclosure is required of incoming federal officials who will be compensated above certain amounts, including those officials nominated by the President who must receive Senate confirmation. Disclosure information covers not only existing assets, property, debts, and income, but also pertains to certain information about past clients and employers, and positions held in organizations.\nDisqualification or \u201crecusal,\u201d the principal statutory method of dealing with potential conflicts of interest in the executive branch, prohibits a federal official from participating in any particular governmental matter in which that official, or those close to the official, has any financial interest. While the statutory disqualification provision is a criminal law covering only current financial interests of the official, there are also \u201cregulatory\u201d recusal requirements that may apply to certain past affiliations and previous economic interests. Such regulatory recusals are limited in time and generally apply to particular matters involving specific parties when entities or organizations previously affiliated with the federal official are now parties to or represent parties in those matters. There are also recusal requirements in regulations concerning such particular matters when a party (or one representing a party) had made an \u201cextraordinary payment\u201d to the official prior to the official\u2019s entry into government. Further limitations on participation in governmental matters have been imposed on certain presidential and vice presidential \u201cappointees\u201d in the Obama Administration who are required to take an \u201cethics pledge\u201d concerning past clients and employers.\nOther than certain specific and narrow divestiture requirements on particular regulatory officials that are generally part of the organic act establishing the regulatory entity, there are no overall, general divestiture requirements in federal law. Divestiture, however, may be an important device in conflict of interest avoidance, and can be required under regulatory authority by agency ethics officers to deal with potential conflicts of interest regarding ownership of particular private assets by those entering government service.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL31822", "sha1": "9b19bcb20973e9509cea7b7d8b19466fe0396795", "filename": "files/20150407_RL31822_9b19bcb20973e9509cea7b7d8b19466fe0396795.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL31822", "sha1": "5fe434509c074d1271e1d2790e5d605f74c7679f", "filename": "files/20150407_RL31822_5fe434509c074d1271e1d2790e5d605f74c7679f.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 2153, "name": "Executive Branch Appointments" }, { "source": "IBCList", "id": 2405, "name": "Government Ethics and Lobbying" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc806239/", "id": "RL31822_2007Dec11", "date": "2007-12-11", "retrieved": "2016-03-19T13:57:26", "title": "Entering the Executive Branch of Government: Potential Conflicts of Interest With Previous Employments and Affiliations", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20071211_RL31822_097f1f6bd8413f3c2ade63ea0a81c5df7c4a0758.pdf" }, { "format": "HTML", "filename": "files/20071211_RL31822_097f1f6bd8413f3c2ade63ea0a81c5df7c4a0758.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc847557/", "id": "RL31822_2003Mar24", "date": "2003-03-24", "retrieved": "2016-06-02T05:26:07", "title": "Entering the Executive Branch of Government: Potential Conflicts of Interest With Previous Employments and Affiliations", "summary": "This report examines the federal laws and regulations relevant to entering into Government employment from the private sector. It is intended to provide those conducting congressional oversight with an outline of some of the issues, rules, regulations, ad oversight tools that may be available regarding this subject.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20030324_RL31822_083e00b29677e90e00cd34968dd4118b62521fc2.pdf" }, { "format": "HTML", "filename": "files/20030324_RL31822_083e00b29677e90e00cd34968dd4118b62521fc2.html" } ], "topics": [ { "source": "LIV", "id": "Executive departments", "name": "Executive departments" }, { "source": "LIV", "id": "Conflict of interests", "name": "Conflict of interests" }, { "source": "LIV", "id": "Politics and government", "name": "Politics and government" } ] } ], "topics": [] }