[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1018.34]

[Page 54-55]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1018--ADVISORY COMMITTEE MANAGEMENT--Table of Contents
 
            Subpart D--Administration of Advisory Committees
 
Sec. 1018.34  Conflict of interest.

    Members of the Commission's statutory advisory committees are not 
legally subject to the standards of conduct and conflict of interest 
statutes and regulations applicable to Commission employees. However, it 
is important to avoid situations in which a member of an advisory 
committee has an actual or apparent conflict of interest between the 
member's private interests (or the interests of the member's 
organization) and the member's interest in properly performing his or 
her duties as an advisory committee member. To preclude any such actual 
or apparent conflict of interest, committee members shall be subject to 
the following guidelines:
    (a) Committee members should not personally participate, either for 
themselves or on behalf of an organization, in negotiations, or the 
preparation of negotiations, for contracts with or grants from the 
Commission. Nor should committee members, either as an individual or on 
behalf of an organization, become personally involved in the performance 
of work under such a negotiated contract or grant awarded by the 
Commission. Committee members may participate in preparing bids for and 
performing work under advertised contracts where price is the single 
factor in the determination of award.
    (b) Committee members should not become personally involved in the 
preparation or submission of a proposal to develop a safety standard or 
regulation under any of the Acts administered by the Commission.
    (c) Committee members representing anyone in a professional capacity 
in a proceeding before the Commission should, pursuant to paragraph (e) 
and (f) of this section, advise the committee chairperson and the other 
members of the committee on which he or

[[Page 55]]

she serves of the representation prior to the committee's discussion 
regarding that proceeding. Where the chairperson of the committee 
determines that the representation involves a conflict or the appearance 
of a conflict of interest, the member will be asked to withdraw from the 
discussion of the proceeding. In circumstances where withdrawal from the 
committee's discussion or consideration of the matter is determined by 
the Commission to be insufficient to avoid a conflict or apparent 
conflict of interest, continued representation may be considered 
incompatible with membership on the committee.
    (d) Committee members should exercise caution to ensure that their 
public statements are not interpreted to be official policy statements 
of the Commission.
    (e) Committee members shall disclose to the committee chairperson 
and to the other members of the committee on which he or she serves, any 
special interest in a particular proceeding or matter then pending 
before the committee which in any way may affect that member's position, 
views or arguments on the particular proceeding or matter. The 
disclosure shall be made orally prior to the commencement of the 
discussion. ``Special interest'' is not intended to include a member's 
general interest in presenting a position, views, or arguments in his or 
her representational capacity.
    (f) Where the chairperson of the committee determines that the 
disclosure referred to in paragraph (e) of this section reveals a 
conflict or apparent conflict of interest with respect to a member's 
involvement in the committee's consideration or discussion of a 
particular matter, the member will be asked to withdraw from the 
discussion of the matter.
    (g) The provisions of paragraphs (a) and (b) of this section do not 
apply to state and local government officers and employees.