Financial Conflict of Interest: An Ongoing Saga

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Financial Conflict of InterestAn Ongoing Saga
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• Surprise like misfortune, never comes alone
• Oliver Twist
• Charles Dickens

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What is Happening?

• In February 2005 Handbook 1200.13 was rescinded
• After reconsideration FCOI disclosure form may
  need OMB approval
• Collection of data from 10 or more persons even
  if a form is not used, requires OMB approval.
  Note There are some exclusions concerning
  research.
• Request for approval of FCOI disclosure sent to
  OMB including cost hour burden required by PRA

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OMB Suggestions

• Strongly suggested VA proceed through notice and
  comment rulemaking
• Publish in Federal Register
• 30-60 day comment period
• Review comments incorporate applicable
  suggestions
• Publish final rule
• Reasons for OMB suggestion
• Policy may have an impact on private sector
  entities
• Collecting information on non-VA employees
  (spouses, children)

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Another Player

• VA OGC indicated that the Office of Government
  Ethics (OGE) may have to approve collection of
  data.

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Office of Government Ethics

• Concerned that VA policy constitutes a
  supplemental or alternative financial disclosure
  system therefore, OGE must formally approved
  this system.
• General Counsel is preparing the request and
  should be submitted to OGE in the near future.

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What now?

• Await OGE and OMB decisions
• Remind all investigators and research staff that
  other Federal statues and regulations still apply
• Standards of Ethical Conduct for Executive Branch
  Employees
• Criminal ethics statues failure to comply may
  result in civil fines and/or imprisonment
• Identify web-based training programs
• Memo from CRADO issued Sept. 23, 2005

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• "There are many ways of going forward, but
  only one way of standing still."
• Franklin D. Roosevelt

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Moving Forward

• Waiting to hear from OMB and OGE
• Decide if we need to tweak the policy itself
  before re-issue
• Asking for feedback from field

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Why we are here!