The Office of Government Ethics has issued
recommendations for modernizing criminal conflict of
interest statutes relating to executive branch employment.
It did not recommend eliminating any of the statutes,
but said Congress should either “maintain the status
quo, or modernize the statute to more accurately
reflect the needs of today’s executive branch, while
continuing to proscribe conduct that remains improper.”
In a report to the President and congressional
committees, OGE asked Congress to allow it to issue
narrowly tailored regulatory exemptions to the general
prohibitions for “de minimis” — minimal — activities,
and wants to amend the statute applying a one-year cooling
off period for senior employees so that it covers all
members of the senior executive service, both career and
non-career.
It wants to change post employment restrictions in a statute
aimed at preventing government employees from using their
office on behalf of outside interests, so it applies to
compensation received by the person only while an executive
branch employee.
It also wants to change a similar statute so that rather
than applying to an employee that “acts as agent or
attorney,” they both apply to an employee who “knowingly
makes, with the intent to influence, any communication to
or appearance before” government entities, “on behalf any
other person.”
OGE recommended eliminating altogether a current exemption
from the post-employment prohibition applying only to an
employee that comes into government after working at a
national lab, then leaves to return to work at one of the
national labs again.
Finally, the report recommended expanding a current waiver
provision beyond permitting scientific and technological
communications, or to otherwise create a new exemption
provision to permit communications in the national interest.
