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Y 4. In 8:95-35
CONFLICT OF INTEREST IN REGULATORY AGENCIES

95-1

HEARINGS

BEFORE THE

SUBCOMMITTEE ON

OVERSIGHT AND INVESTIGATIONS

OF THE

COMMITTEE ON

INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES

NINETY-FIFTH CONGRESS

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COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE

HARLEY O. STAGGERS, West Virginia, Chairman

JOHN E. MOSS, California
JOHN D. DINGELL, Michigan
PAUL G. ROGERS, Florida

LIONEL VAN DEERLIN, California
FRED B. ROONEY, Pennsylvania
JOHN M. MURPHY, New York
DAVID E. SATTERFIELD III, Virginia
BOB ECKHARDT, Texas

RICHARDSON PREYER, North Carolina
CHARLES J. CARNEY, Ohio
RALPH H. METCALFE, Illinois
JAMES H. SCHEUER, New York
RICHARD L. OTTINGER, New York
HENRY A. WAXMAN, California
ROBERT (BOB) KRUEGER, Texas
TIMOTHY E. WIRTH, Colorado

PHILIP R. SHARP, Indiana

JAMES J. FLORIO, New Jersey

ANTHONY TOBY MOFFETT, Connecticut

JIM SANTINI, Nevada

ANDREW MAGUIRE, New Jersey

MARTY A. RUSSO, Illinois

EDWARD J. MARKEY, Massachusetts

THOMAS A. LUKEN, Ohio

DOUG WALGREN, Pennsylvania

BOB GAMMAGE, Texas

ALBERT GORE, JR., Tennessee

BARBARA A. MIKULSKI, Maryland

SAMUEL L. DEVINE, Ohio

JAMES T. BROYHILL, North Carolina
TIM LEE CARTER, Kentucky
CLARENCE J. BROWN, Ohio
JOE SKUBITZ, Kansas
JAMES M. COLLINS, Texas
LOUIS FREY, JR., Florida
NORMAN F. LENT, New York
EDWARD R. MADIGAN, Illinois
CARLOS J. MOORHEAD, California
MATTHEW J. RINALDO, New Jersey
W. HENSON MOORE, Louisiana
DAVE STOCKMAN, Michigan
MARC L. MARKS, Pennsylvania

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MICHAEL R. LEMOV, Chief Counsel
JAMES NELLIGAN, Operations Director

FRANCES WHITE, Deputy Chief Counsel
LOWELL DODGE, Special Counsel
MARK ROSENBERG, Counsel

RONALD CORMIER, Auditor (on detail from the General Accounting Office)

J. THOMAS GREENE, Counsel to the Chairman

BERNARD J. WUNDER, JR., Minority Counsel

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Blum, Barbara, Deputy Administrator, Environmental Protection

Agency.

Campbell, Hon. Alan K., Chairman, U.S. Civil Service Commission__

Cohen, David, president, Common Cause..

Cormier, Ronald J. (on temporary assignment from the General

Accounting Office), Subcommittee on Oversight and Investigations,

Committee on Interstate and Foreign Commerce..

Frick, G. William, General Counsel, Environmental Protection

Agency.

Goldsmith, Fred J., Chief, Internal Review and Security Division,

Federal Communications Commission_..

Goodman, Carl F., General Counsel, U.S. Civil Service Commission....
Hartenberger, Warner K., General Counsel, Federal Communications
Commission__

James, Michael A., Deputy General Counsel, Environmental Pro-
tection Agency-

Kennedy, Donald, M.D., Commissioner, Food and Drug Administra-

tion, Public Health Service, Department of Health, Education, and

Welfare..

Lichtwardt, Richard D., Executive Director, Federal Communications

Commission....

Merrill, Richard A., Chief Counsel, Food and Drug Division, Office of

the Assistant Secretary for Legislation, Department of Health,

Education, and Welfare..

Meyer, Gerald F., Associate Commissioner for Administration, Food

and Drug Administration, Public Health Service, Department of

Health, Education, and Welfare....

Reich, David, Ethics Counsel, U.S. Civil Service Commission...

Schroeher, Kathy, member, Issue Development Staff, Common Cause.

Wiley, Hon. Řichard É., Chairman, Federal ́ Communications

Commission___

Additional information submitted for the record by-

Common Cause, attachment to Mr. Cohen's prepared statement,

excerpt from Senate statement..

Health, Education, and Welfare Department:

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Excerpts from transcript of proceedings, HEW, FDA, OTC
Internal Analgesic Panel, Rockville, Md., Tuesday, Nov. 23,
1976____

97

Material relating to FDA survey of the Executive Secretaries of
its advisory committees concerning action taken by FDA other
than advisory committee recommendation_.
Review panel on new drug regulation_-_-

Oversight and Investigations Subcommittee, Committee on Interstate

and Foreign Commerce:

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Additional information-Continued

Oversight and Investigations Subcommittee, Committee on Interstate
and Foreign Commerce-Continued

Correspondence between subcommittee and the Federal Com-
munications Commission subsequent to the hearings regarding
FCC's testimony-

Correspondence between subcommittee and the Food and Drug
Administration subsequent to the hearings regarding FDA's
testimony.

Correspondence between subcommittee and the U.S. Civil Service
Commission subsequent to the hearings regarding the CSC's
testimony...

List of General Accounting Office reports issued on agencies'
financial disclosure systems. -

Page

52

118

171

147

Memorandum dated December 14, 1964, from Chairman Macy to
Messrs. W. B. Irons, W. V. Gill, and O. G. Stahl re new Execu-
tive Order on Standards of Ethical Conduct..
Memorandum dated June 6, 1975, from G. William Frick, EPA
Agency Counselor, to Deputy Counselors re statements of
employment and financial interest.
Memorandum dated June 1, 1976, from Eric O. Stork, Deputy
Assistant Administrator for Mobile Source Air Pollution Con-
trol, EPA to all MSAPC staff members re avoidance of conflict
of interest...

Memorandum dated March 22, 1977, from Associate Com-
missioner for Administration, Food and Drug Administration,
HEW to Acting Commissioner; Associate and Assistant Com-
missioners; Bureau/Office Directors; EDRO; General Counsel:
NCTR; Regional and District Directors re summary booklet,
Conflict of Interest, March 21, 1976 (with sample pages
attached).

U.S. Civil Service Commission:

Letter dated April 20, 1976, from Carl F. Goodman, General
Counsel, CSC, to Barbara Green Kilberg, Assistant Counsel,
Executive Office of the President re suggestions for amending
Executive Order 11222_

Letter dated August 16, 1976, from Carl F. Goodman, General
Counsel, CSC to Bert Goodwin, Chief Counsel, Federal
Aviation Administration re financial disclosure system of FAA..
Letter dated January 14, 1977, from David Reich, Ethics Counsel,
CSC, to Daniel J. Goldberg, Esq., Acting General Counsel,
Federal Home Loan Bank Board, re the Board's practice of
allowing personnel traveling on official business to accept
lodging from nonprofit trade organizations__
List of agencies reviwed by CSC in April 1975.
List of agencies with de minimis regulation still in effect_

Appendix-Staff Study on Conflict of Interest in Regulatory Agencies,
May 20, 1977__

144

57

61

67

161

150

168

143

171

177

CONFLICT OF INTEREST IN REGULATORY AGENCIES

MONDAY, MAY 23, 1977

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS,

COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

Washington, D.C. The subcommittee met, pursuant to notice, in room 2322, Rayburn House Office Building, Hon. John E. Moss, chairman, presiding. Mr. Moss. The committee will be in order.

Today we begin 2 days of hearings on a subject which goes to the heart of the regulatory process: The maintenance of public confidence in the integrity of regulatory officials by insuring their freedom from conflict of interest.

Regulatory programs are certain to fail if public trust in them or in the people who run them is lacking. There is no more effective way to destroy public confidence in government than the fact or appearance of bias or conflict. An essential task for every Federal agency, therefore, is to establish and carry out a program to prevent conflicts of interest from arising and to eliminate them without delay whenever they appear.

At the beginning of this Congress, this subcommittee set out to learn whether the agencies under our jurisdiction have programs in place to prevent conflicts of interest; and, if so, whether they are working effectively. This is a subject which we explored in our report at the end of the last Congress, "Federal Regulation and Regulatory Reform."

We are holding these hearings now to examine in further detail the functioning of current systems for avoiding conflicts and the adequacy of current Federal laws governing conflicts of interest.

I have asked the staff to open these hearings with a report to the subcommittee on the findings of their investigation. Much to my distress, the staff found serious problems at all levels, including the highest among Commissioners themselves. More significantly, today's staff presentation points to a laxity on the part of the agencies and the Civil Service Commission that goes deep, and must be reversed, dramatically and immediately, if we are to maintain even basic levels of integrity in the Federal service.

To this end, we have invited the responsible officials from each of the agencies covered in this study. Today, following the staff testimony, we will ask the Chairman of the Federal Communications Commission and the Deputy Administrator of the Environmental Protection Agency to respond to the staff findings on conflicts in these agencies.

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