The Council on Governmental Relations (COGR), representing 190 research universities and associated research institutes, submitted formal comments on the Department of the Interior’s proposed Financial Assistance Interior Regulation (FAIR), with an emphasis on concerns regarding conflict of interest (COI) policy. COGR expressed appreciation for the opportunity to provide input but highlighted significant issues with the Department's approach to conflict of interest review and the definitions used in the draft regulations. Specifically, COGR pointed out that the proposed policy irregularly assigns COI review and mitigation responsibilities to Department of the Interior officials rather than to recipient institutions, diverging from longstanding federal practice and diminishing the effectiveness of established institutional processes. The organization argued that recipient institutions are better positioned to evaluate and manage conflicts due to their access to relevant information and internal expertise, and recommended that agencies should review institutions' conflict management plans solely for sufficiency.
Additionally, COGR raised several concerns about the definitions in the proposed regulations, calling them overly broad and inconsistent with established federal guidance. The letter recommends clarifying the scope of COI to focus on procurement actions, maintaining clear distinctions between contractual and financial assistance relationships, and ensuring alignment with other federal policies by narrowing the definition of personal and close personal relationships. COGR emphasizes that reducing the scope and ambiguity of these definitions would lower administrative burdens without compromising regulatory intent. The letter concludes by urging the Department to revise its policy accordingly, stressing the value of consistency with existing federal standards and the critical distinction between types of agreements.
