Arlen Specter

The Congress really does not want to get into this, if we do not have to, to micro-manage what you are doing, but I think that there are really major problems here.

This subcommittee is prepared to do it if you do not and we are prepared to get into the changes of law if you do not come up with something which is adequate.

If you accept the facts as I have stated them, would people in that category not be fairly asked to file public financial disclosure forms?

Would not at minimum those individuals fit into the category of the kind of responsibilities which would warrant public disclosures?

Is there no appeal process from what the Office of Government Ethics rules?

Where you have a record of NIH employees owning stock and taking consulting fees and doing research which directly relates to the specific company and not filing financial disclosures, why should those employees, who are paid more than…

Well, the agencies do not appear to be moving with much dispatch on it.

Suppose this subcommittee did not want you to wait. How long would it take you to draft a regulation?

Is there any reason why a governmental employee making as much as the Vice President should not be required to fill out a public financial disclosure form?

How do you define those broad responsibilities?

So you think we might need a statutory change?

How long would it take to have a change in regulation?

So you are saying there need not be a change in the statute? That was my question.

I am not talking about many cases. I am talking about a blanket suspension of consulting arrangements until there can be an inquiry as to all the pending matters to see if there is an actual conflict of interest.

As a matter of law, there could not be a blanket suspension.

The agency would have the authority to submit a regulation to the Office of Government Ethics and then the Office of Government Ethics has to concur before it can be put into effect.

Obviously, there can be an inquiry into each individual case to see, on the facts of that individual case, whether there is a violation of the rules and regulations.

Are you setting a 90-day time limit?

Well, would you specify what is not under your control so that the subcommittee can make an evaluation of that?

Are you taking any action to suspend these arrangements while the investigation goes on?

Are you saying that you are suspending these arrangements while the investigation goes on?

How long would you expect it to take to promulgate new rules and regulations?

To deal with them on an individual basis is going to be enormously complicated to investigate each one of these matters and make some determination.

What is the consequence to an NIH employee who has this kind of a relationship and does not make the required financial disclosure?

Well, it would require a very intensive investigation to make a determination as to whether that line was crossed.