Y4. G74/9: 5. Lrg 99-100

OVERSIGHT OF THE OFFICE OF GOVERNMENT

Stanford Law Library

3 6105 063 202 688

COMMITTEE ON GOVERNMENTAL AFFAIRS

TED STEVENS, Alaska

WILLIAM V. ROTH, JR., Delaware, Chairman

CHARLES MCC. MATHIAS, JR., Maryland
WILLIAM S. COHEN, Maine
DAVID DURENBERGER, Minnesota
WARREN B. RUDMAN, New Hampshire
THAD COCHRAN, Mississippi

THOMAS F. EAGLETON, Missouri
LAWTON CHILES, Florida
SAM NUNN, Georgia

JOHN GLENN, Ohio

CARL LEVIN, Michigan

ALBERT GORE, JR., Tennessee

JOHN M. DUNCAN, Staff Director
MARGARET P. CRENSHAW, Minority Staff Director

CONTENTS

Page

1

Opening statement of Senator Cohen

WITNESSES

WEDNESDAY, APRIL 24, 1985

David H. Martin, Director, Office of Government Ethics.

Bernhardt K. Wruble, First Director, Office of Government Ethics (1979).

Ann McBride, senior vice president, Common Cause...

Rosslyn S. Kleeman, Associate Director, General Government Division, Gen-

eral Accounting Office, accompanied by L. Nye Stevens, Group Director,

General Government Division; and Alvin Tucker, Deputy Assistant Inspec-

tor General for Auditing, Department of Defense, accompanied by David O.

Cooke, Deputy Assistant Secretary of Defense for Administration

ALPHABETICal List of WITNESSES

Cooke, David O.: Testimony

Kleeman, Rosslyn S.:

Testimony

Letter from William J. Anderson, Director, General Accounting Office, to

Hon. Donald Joseph Albosta, chairman, Subcommittee on Human Re-

sources, House Committee on Post Office and Civil Service, August 30,

1985

Martin, David H.:

Testimony

Prepared statement

McBride, Ann:

Testimony

Prepared statement

Stevens, L. Nye: Testimony.

Tucker, Alvin:

Testimony

Prepared statement

Wruble, Bernhardt K.:

Testimony

Prepared statement

ADDITIONAL MATERIAL SUBMITTED FOR THE RECORD

Title IV of the Ethics in Government Act of 1978: Pub. L. 95-521, as amended
by Pub. L. 98-150

Executive Order 11222, "Prescribing Standards of Ethical Conduct for Gov-

ernment Officers and Employees," May 8, 1965

120

Regulations Governing Employee Responsibilities and Conduct, 5 C.F.R. Part

735...

126

Letter from Senator William S. Cohen to David R. Scott, Esq., former Acting

Director of the Office of Government Ethics, March 14, 1985.

Letter from David R. Scott, Esq., former Acting Director of the Office of

Government Ethics, to Senator William S. Cohen, March 28, 1985...

Letter from David H. Martin, Esq., Director, Office of Government Ethics, to

Senator Strom Thurmond, chairman, Senate Committee on the Judiciary,

January 28, 1985..

137

140

148

(III)

Page

Excerpt from testimony of David H. Martin, Esq., Director, Office of Govern-

ment Ethics, before the Senate Committee on the Judiciary, at the nomina-

tion hearing of Edwin Meese III, January 31, 1985.......

Excerpt from testimony of David H. Martin, Esq., Director, Office of Govern-

ment Ethics, before the Senate Subcommittee on Defense Acquisition Policy

of the Senate Committee on Armed Services, May 19, 1985..

Statement of David H. Martin, Esq., Director, Office of Government Ethics,

before the Subcommittee on Defense Acquisition Policy of the Senate Com-

mittee on Armed Services, May 19, 1985..

149

150

Advisory Opinion letter from David H. Martin, Esq., Director, Office of Gov-

ernment Ethics, to Agency Counsel, December 30, 1983..

Advisory Opinion letter from David H. Martin, Esq., Director, Office of Gov-

ernment Ethics, to Agency Counsel, May 1, 1984..

Moffer v. Department of the Interior, 8 MSPB 134 (1981)

Burnett v. U.S. Soldiers' and Airmen's Home, 11 MSPB 559 (1982)..

"The Appearance of Impropriety as a Standard For Disciplining_Federal

Employees," Jack Maskell, American Law Division, Congressional Research

Service, March 29, 1985

152

154

155

156

160

164

Letter from Senator Carl Levin to David H. Martin, Esq., Director, Office of

Government Ethics, January 28, 1985

179

Letter from David H. Martin, Esq., Director, Office of Government Ethics, to

Senator Carl Levin, February 7, 1985.

182

Letter from Senator Carl Levin to David H. Martin, Esq., Director, Office of

Government Ethics, February 11, 1985..

185

Letter from David H. Martin, Esq., Director, Office of Government Ethics, to

Senator Carl Levin, February 20, 1985

189

Memorandum from David H. Martin, Esq., Director, Office of Government

Ethics, to Heads of Departments, Independent Agencies, Commissions and

Government Corporations, Designated Ethics Officials on Interpretation of

Conduct, Executive Order 11222, April 30, 1985.

Letter from Senators William S. Cohen and Carl Levin to David H. Martin,

Esq., Director, Office of Government Ethics, May 16, 1985.

Letter from Gary Davis, Esq., staff attorney, Office of Government Ethics, to

the Subcommittee on Oversight of Government Management, May 16, 1985.

Letter from David H. Martin, Esq., Director, Office of Government Ethics, to

Senator William S. Cohen, May 30, 1985...

Letter from John M. Harmon, Assistant Attorney General, Office of Legal

Counsel, U.S. Department of Justice, to David O. Bickart, Deputy General

Counsel, Environmental Protection Agency, April 11, 1980...

Memorandum to David R. Scott, Esq., Acting Director, Office of Government

Ethics, regarding Confidential Financial Disclosure Reports, from Ralph W.

Tarr, Deputy Assistant Attorney General, Office of Legal Counsel, U.S.

Department of Justice, February 10, 1983.

192

194

195

209

210

217

Letter from Theodore B. Olson, Assistant Attorney General, Office of Legal

Counsel, U.S. Department of Justice, to David H. Martin, Esq., Director,

Office of Government Ethics, June 21, 1984.

227

Letter from Senator William S. Cohen to Attorney General Edwin Meese III,

March 21, 1985.

238

Letter from Phillip D. Brady, Acting Assistant Attorney General, U.S. De-

partment of Justice, to Senator William S. Cohen, March 28, 1985

Letter from Senator William S. Cohen, to David H. Martin, Esq., Director,

Office of Government Ethics, December 14, 1983

240

243

Letter from David H. Martin, Esq., Director, Office of Government Ethics, to

Senator William S. Cohen, April 19, 1985..

245

"Bureaucratic Orphans, the Administration of Government Ethics Programs

as Viewed by Agency Ethics Officials," Common Cause, November 1984..

Memorandum on Employee Standards of Conduct from Dwight Ink, Acting

Administrator, General Services Administration, to Heads of Services, Staff

Offices and all Regional Administrators, April 8, 1985.

Audit Report, "Procedures and Controls for Filing Financial Disclosure State-

ments Within the Department of Defense," Office of the Inspector General,

Department of Defense, December 24, 1984...

246

308

309

Letter from Joseph H. Sherick, Inspector General, Department of Defense, to

Senator Charles H. Percy, September 14, 1984.

329

Letter from June Legates, Legislative Research and Information Assistant,

Office of the Assistant Secretary of Defense, Department of Defense, to

Senator William S. Cohen, May 9, 1985..

335