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S. HRG. 99-100

Y 4.674/9:5. Ing.

5

94-100
OVERSIGHT OF THE OFFICE OF GOVERNMENT

ETHICS

BEFORE THE

HEARING
CIS RECORD ONLY

SUBCOMMITTEE ON
OVERSIGHT OF GOVERNMENT MANAGEMENT

OF THE

COMMITTEE ON
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE

NINETY-NINTH CONGRESS

FIRST SESSION

APRIL 24, 1985

Printed for the use of the Committee on Governmental Affairs

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U.S. GOVERNMENT PRINTING OFFICE

48-898 O

WASHINGTON : 1985

COMMITTEE ON GOVERNMENTAL AFFAIRS

WILLIAM V. ROTH, JR., Delaware, Chairman TED STEVENS, Alaska

THOMAS F. EAGLETON, Missouri CHARLES McC. MATHIAS, JR., Maryland LAWTON CHILES, Florida WILLIAM S. COHEN, Maine

SAM NUNN, Georgia DAVID DURENBERGER, Minnesota

JOHN GLENN, Ohio
WARREN B. RUDMAN, New Hampshire CARL LEVIN, Michigan
THAD COCHRAN, Mississippi

ALBERT GORE, JR., Tennessee
JOHN M. DUNCAN, Staff Director
MARGARET P. CRENSHAW, Minority Staff Director

SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT

WILLIAM S. COHEN, Maine, Chairman
WARREN B. RUDMAN, New Hampshire CARL LEVIN, Michigan
DAVID DURENBERGER, Minnesota

LAWTON CHILES, Florida
SUSAN M. COLLINS, Staff Director

MARY B. GERWIN, Counsel
FRANCES C. DE VERGIE, Chief Clerk
RACHEL D. HARLAN, Assistant Chief Clerk

(II)

CONTENTS

Page

1

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 ....

repared 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

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

735

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

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126

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

Government Ethics, January 28, 1985,
Letter from David H. Martin, Esq., Director, Office of Government Ethics, to

Senator Carl Levin, February 7, 1985..
Letter from Senator Carl Levin to David H. Martin, Esq., Director, Office of

Government Ethics, February 11, 1985.....
Letter from David H. Martin, Esq., Director, Office of Government Ethics, to

Senator Carl Levin, February 20, 1985
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
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..
Letter from Senator William Ś. Cohen to Attorney General Edwin Meese III,

March 21, 1985.
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
Letter from David H. Martin, Esq., Director, Office of Government Ethics, to

Senator William S. Cohen, April 19, 1985.
"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.
Letter from Joseph H. Sherick, Inspector General, Department of Defense, to

Senator Charles H. Percy, September 14, 1984..
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......

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