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Personnel - Conflict of Interest: General
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Personnel - Conflict of Interest: General
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Philip W. Buchen Files
Philip Buchen's General Subject Files
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Presidential appointments
Conflict of interests
Ethics
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The original documents are located in Box 37, folder "Personnel - Conflict of Interest:
General" of the Philip Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 37 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
the
THE WHITE HOUSE
WASHINGTON
October 8, 1974
MEMORANDUM FOR:
Jennie Lou Nunn
FROM:
Bill Casselman /s/
SUBJECT:
President's Commission on
Olympic Sports
You have asked whether it would constitute a conflict of interest
to have members of the United States Olympic Committee (36 U.S.C.
g§ 371-83) serve on the proposed President's Commission on
Olympic Sports.
I am unaware of any legal prohibition against such a proposal.
CC: Phil Buchen
Phil Areeda
Ken Lazarus
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Presidential Libraries Withdrawal Sheet
WITHDRAWAL ID 01478
REASON FOR WITHDRAWAL
Donor restriction
TYPE OF MATERIAL
Form (s)
CREATOR'S NAME
Lazarus, Kenneth A.
DESCRIPTION
Confidential statement of Employment
and Financial Interests and
attachments.
CREATION DATE
10/29/1974
COLLECTION/SERIES/FOLDER ID
001900423
COLLECTION TITLE
Philip W. Buchen Files
BOX NUMBER
37
FOLDER TITLE
Personnel - Conflict of Interest, A-G
DATE WITHDRAWN
08/24/1988
WITHDRAWING ARCHIVIST
LET
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Presidential Libraries Withdrawal Sheet
WITHDRAWAL ID 01479
REASON FOR WITHDRAWAL
Donor restriction
TYPE OF MATERIAL
Form(s)
CREATOR'S NAME
Areeda, Philip E.
DESCRIPTION
Confidential Statement of Employment
and Financial Interests and
attachments.
CREATION DATE
10/30/1974
COLLECTION/SERIES/FOLDER ID
001900423
COLLECTION TITLE
Philip W. Buchen Files
BOX NUMBER
37
FOLDER TITLE
Personnel - Conflict of Interest, A-G
DATE WITHDRAWN
08/24/1988
WITHDRAWING ARCHIVIST
LET
THE WHITE HOUSE
Buther's I
11/7/74 WASHINGTON at
3:00 called
Jerry Jone
office
I had only sent
the memo (not
backup on the
so,
conglist interest GERAL FORD
papers
LIBRARY
We are retaining the
Confidential statements
THE WHITE HOUSE
Eleanor:
WASHINGTON
Would you please have Mr. A.
initial the release form and send
the package back to me? Thanks.
Dawn
12/17
Casselman
FORD is LIBRARY 07W830
THE WHITE HOUSE
WASHINGTON
MEMORANDUM FOR:
JERRY JONES
FROM:
PHILLIP AREEDA
PA
SUBJECT:
WILLIAM E. CASSELMAN II
(Counsel to the President)
This is to notify you that the Counsel's Office has taken the
following action with respect to the above-named individual:
1) Statement of Employment and Financial Interests,
approved 12-17-74
2)
Security Clearance, approved
4-17-74
3) Special Clearances, approved
11-7-74
4) National Security Clearances,
approved
required and pending
not required at this time
X
Comments:
Date: 12-17-74
cc: Bill Walker
Bob Linder
COUNCIL ON INTERNATIONAL ECONOMIC POLICY
WASHINGTON, D.C. 20500
January 13, 1975
MEMORANDUM FOR
JERRY H. JONES
SUBJECT:
Standards of Conduct/Confidential Statements of
Employment and Financial Interests
In response to your memorandum of December 31, 1974, this is to
advise you that the Council on International Economic Policy has
complied with the present regulations for filing Statements of
Employment and Financial Interests.
My own filing with the Chairman of the Civil Service Commission
is current. CIEP staff members who are required to file the Statement
of Employment and Financial Interests have done so and they have been
evaluated by the General Counsel, David A. Hartquist.
In several cases where potential conflicts may exist, I have personally
reviewed the statements and we have sought additional guidance from
the Civil Service Commission.
unable W. D. Eberle
Executive Director
cc: Philip W. Buchen
LIBRARI
2/20/75
Lazarus handled.
Note from Mr. B. To Mr. A. "please
"handle.
FORD is GERALD LIBRARY
ASSISTANT ATTORNEY GENERAL
OFFICE OF LEGAL COUNSEL
arude
Department of Justice
Mashington, B.C. 20530
FEB 18 1975
MEMORANDUM FOR KENNETH LAZARUS
Associate Counsel to the
President
In response to your request of last week,
I enclose a draft letter to me (from you or
perhaps from the General Counsel of the
Rockefeller Commission) concerning the con-
flict-of-interest problem we discussed; and
a draft of the reply which such a letter
would provoke.
Ver
Antonin Scalia
Assistant Attorney General
Office of Legal Counsel
Enclosure
OND
Lick
AMERICAN REVOLUTION BEENTEN
1776-1976
Dear Mr,
This, is in reply to your letter of February , request-
ing my views on possible conflict of interest problems that
may arise as a result of Mr.
's appointment to the
staff of the Commission on CIA Activities Within the United
States, established by Executive Order 11828. Under the
facts you present, Mr.
will not serve the Commission
more than 130 days during the next 365 consecutive days. He
will therefore be a "special Government employee" under the
conflict of interest statute (18 U.S.C. 202 (a)) subject to
prohibitions less stringent than those applicable to regular
employees.
Of the applicable conflict of interest laws (18 U.S.C.
203, 205, 207, 208, and 209), it would appear that only sec-
tions 209, 205 and 207(c) are relevant to the issues you
raise.
Section 209 (a) prevents an officer or employee of the
executive branch from receiving, and anyone from paying him,
any salary or supplementation of salary as compensation for
his services to the Government. Since section 209 (c) pro-
vides that section 209 does not apply to a special Government
employee, Mr.
may receive, and the firm may pay him,
such additional compensation as it desires.
Section 205 is concerned with conduct by officers and
employees of the United States, including special Government
employees, acting in their private (non-governmental) capa-
cities. It precludes a regular employee of the Government
from acting as attorney or agent before any department,
agency, or court in connection with any matter in which the
United States is a party or has a direct and substantial
interest. Section 205 is less restrictive, however, with
respect to a special Government employee. He is precluded
from acting as agent or attorney only (1) in a matter involv-
ing a specific party or parties in which he has participated
personally and substantially in a governmental capacity and
(2) in a matter (even though it is not one in which he has
participated) involving a specific party or parties "which
is pending in the department or agency of the Government in
which he is serving. Under the facts you state, this pro-
vision seems unlikely to have any application.
Section 207 (c) applies to partners of a current Govern-
ment employee. Under this provision, the partners are pro-
hibited from acting as agent or attorney for anyone other than
the United States in connection with enumerated proceedings and
matters, including those in court, in which the United States is
a party or has a direct and substantial interest and in which
such employee or special Government employee participates or
has participated personally and substantially in his official
capacity, or which is the subject of his official responsibility.
1
From the facts you present, it seems unlikely that Mr.
S
firm will be inhibited by this provision.
Please let me know if I can be of further assistance to
you in this matter.
Sincerely,
Antonin Scalia
Assistant Attorney General
Office of Legal Counsel
FORD
- 2 -
Dear Mr. Scalia:
The President is considering the appointment of
Esq., a partner in the firm of
to serve as a staff member of the Commission on CIA Activities
Within the United States, established by Executive Order 11828
of January 4, 1975. Inasmuch as the Executive Order directs
the Commission to present its final report to the President
not later than three months from the date of its establishment,
it is anticipated at this time that Mr.
will serve
with the Commission no more than 90 days.
Before Mr.
agrees to serve on the Commission,
he and his firm would appreciate your advice as to the Federal
conflict of interest problems which may be presented. The firm
has among its clients defense contractors, and a number of other
clients whose business affairs are of concern to various Govern-
ment agencies of the United States. In some of the firm's cases
pending in the courts, the United States is a party and has a
direct and substantial interest. So far as we know, however,
the firm has no intention of representing anyone who will be
called to testify before the Commission; and if the Commission
were required to make any recommendation, give any advice,
render any report, or take any other action relating to or affect-
ing any client of the firm, Mr.
would disqualify him-
self from participation in that particular matter. The firm
plans, moreover, to pay to Mr.
his regular share of
partnership earnings attributable to the period during which he
is serving as a staff member of the Commission.
I would appreciate your advice on the conflict of interest
problems which Mr.
's employment might produce under the
above-described circumstances. It is my intention to convey
your reply to Mr.
and his firm for their reliance.
Sincerely,
FORD
CERMED
LIBRARY
THE WHITE HOUSE
WASHINGTON
February 20, 1975
MEMORANDUM FOR PHIL AREEDA
FROM:
WILLIAM N. WALKER Issue
Subject:
Conflict of Interest
Would you please provide me with an interpretation
of the Commodity Futures Trading Commission Act of
1974 in order that we may determine whether or not
a candidate, now selected by the President, would be
eligible to serve under the terms of that Act.
He asks whether he might be permitted to buy and sell
futures contracts for the purpose of hedging his own
farming production.
Section 401 (d) and 101 (3) (7) of the Commodity Futures
Trading Commission Act of 1974, P.L. 93-462 appear
to be the relevant sections.
As resolution of this issue may require us to seek a
substitute candidate, I would appreciate your early
consideration of this question. Bill Casselmann's
background in the industry may be particularly help-
ful.
Beverly Splane of my office has spoken with Jack Knebel,
General Counsel, Department of Agriculture and Paul Walsh
from the Justice Department. They were both of the
opinion that the law does not permit hedging by at
Commission in connection with his farming operations.
agree Areeda
FORD
P.
Cong.
Tap, Wayne
THE WHITE HOUSE
WASHINGTON
May 24, 197
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
MAX FRIEDERSDORF m.b.
SUBJECT:
Chairman Wayne Hays (D-Ohio)
I am referring the following matter to you for proper handling.
Chairman Wayne Hays of the House Administration Committee phoned
this afternoon to protest what he termed a violation of his rights by the
Federal Bureau of Investigation. which has apparently undertaken an
investigation of recent stories relating to a female member of Hays' staff.
Hays reported that the FBI sought to interview one of his secretaries
at her residence on Sunday night and that when she objected to their
demands for an interview, they advised her that they were investigating
an alleged Federal crime committed by Chairman Hays.
Hays also reported that the FBI attempted to question employees in the
Horizon House today concerning his relationship and circumstances of
possible visitations at the apartment of an employee of Chairman Hays.
Hays alleged that the FBI action represented a vendetta by the Justice
Department and was related to bad feelings between himself and Deputy
Attorney General Thornburg.
Hays' objections to the FBI action apparently were not related to the fact
that he is being investigated by the FBI but rather that he had not been
notified of this action.
Congressman Hays insisted that the President be advised of these efforts
and I advised the Chairman that I would refer the matter to the President's
Counsel together with his request.
After this conversation with Chairman Hays I reported it to Counsellor Jack
Marsh who advised and concurred that the matter should be referred to the
White House Counsel's office.
CC: Jack Marsh
marsh, John
THE WHITE HOUSE
WASHINGTON
Conflict ?
Internet
May 6, 1975
MEMORANDUM FOR:
JACK MARSH
THROUGH:
PHIL BUCHEN P.W.B.
FROM:
KEN LAZARUS ve
SUBJECT:
National Committee for Employer
Support of the Guard and Reserve
I have reviewed the purpose, funding, operations and membership
of the above-referenced organization and have concluded that
there is no impediment to your continued service as an honorary
member of the Board of this organization.
Marsh
Conflict
THE WHITE HOUSE
WASHINGTON
Incomed
April 23, 1975
MEMO FOR: PHIL BUCHEN
FROM:
JACK MARSH Jach
Is it possible for me to continue to serve on
this Board?
Thanks.
GERALD FORD
APR 23 1975
THE
OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE
NATIONAL COMMITTEE FOR EMPLOYER SUPPORT
FGR
OF THE GUARD AND RESERVE
EMPLOYER SUPPORTOF
400 ARMY NAVY DRIVE
THE GUARD & RESERVE
AMERICA
OF
ARLINGTON, VA. 22202
TEL. 202-697-6902
MANPOWER AND
RESERVE AFFAIRS
April 22, 1975
J. M. ROCHE
NATIONAL CHAIRMAN
EXECUTIVE COMMITTEE
The Honorable John 0. Marsh, Jr.
ROBINSON F. BARKER
PPG INDUSTRIES. INC.
Counsellor to the President
RICHARD C. BLOCK
The White House
SAN FRANCISCO. CA.
Washington, DC 20500
JOHN M CAMPBELL
MILLER & PAINE
DEPT. STORE
Dear Jack:
RICHARD G. CAPEN. JR.
COPLEY NEWSPAPERS
PAUL J. FASSER. JR.
The next meeting of the Executive Committee is scheduled for
ASSISTANT SECRETARY
OF LABOR FOR LABOR-
June 11, 1975, and will be held in the Pentagon Conference Area,
MANAGEMENT RELATIONS
1E801, Room 5.
KIMBALL C. FIRESTONE
FIRESTONE TIRE AND
RUBBER CO.
The meeting will convene at 8:30 a.m., there will be a noon lun-
RONALD J. GIDWITZ
HELENE CURTIS IND., INC.
cheon in the Pentagon "Blue Room," and we should conclude our
WERNER P. GULLANDER
business by 4:30 p.m. An agenda will be forthcoming shortly
NATIONAL ASSOCIATION
OF MANUFACTURERS
together with an information kit so that you will be aware of
those areas which we will discuss.
J. R. JOHNSTONE
UNION CARBIDE CORP.
WALTER A. KIEFER
Hotel accommodations have been reserved at the new Stouffer's
KIEFER ELECTRICAL
SUPPLY CO.
National Center Inn in Arlington, and transportation will be
ERNEST S. LEE
provided for those who require it.
AFL- CIO
JOHN E. LEWIS
NATIONAL SMALL
Please complete and return the enclosed questionnaire at your
BUSINESS ASSOC.
earliest convenience so that we may proceed with our plans for
MARILYN C. LINK
HUGHES AIRWEST
the meeting.
HEINZ H. LOEFFLER
EXETER PAPER CO.. INC.
I look forward to seeing you in June.
HAROLD R. SIMS
JOHNSON & JOHNSON
REUBEN D. SIVERSON
My very best wishes.
CHAMBER OF COMMERCE
OF US
M. WAYNE STOFFLE
Sincerely,
STOFFLE & ASSOCIATES
VINCENT T. WASILEWSKI
NATIONAL ASSOCIATION
OF BROADCASTERS
D.m. Packe
CLYDE M. WEBBER
AMER. FEDERATION
J. M. Roche
OF GOV'T. EMPLOYEES
National Chairman
HARRY J. ZINK
CIVIL AERONAUTICS
BOARD
Enclosure
HONORARY MEMBERS
JOHN O. MARSH, JR.
COUNSELLOR TO
THE PRESIDENT OF
THE UNITED STATES
FORD is LIBRARY
W. STANFORD SMITH
MILITARY EXECUTIVE
RESERVE FORCES POLICY
SCARD
THE WHITE HOUSE
Confle.
WASHINGTON
W/+ district
February 24, 1976
Marsh
Jack
MEMORANDUM FOR:
JACK MARSH
THROUGH:
PHIL BUCHEN
FROM:
KEN LAZARUS
P
In response to your inquiry of February 17, this is to advise that
we see no objection to your acceptance of a position on the Board
of Visitors at Virginia State College. However, we would suggest
the inclusion of a statement in your letter of acceptance along the
following lines:
*****
"Although I may be compelled to rescuse myself from
certain individual matters which may come before the
Board from time to time based on my responsibilities
in government, I trust that these instances will be few
in number and will not affect my ability to be of some
service to the school. "
* * * *
Such a caveat would recognize that you would be precluded from
participating as a Board member in matters requiring Federal
government action. Additionally, in your role as a government
official you should avoid participating personally and substantially
in matters directly affecting the college, e.g., a government
grant to the institution.
I trust this satisfies your inquiry.
FORD is LIBRARY DERALD
THE WHITE HOUSE
WASHINGTON
February 17, 1976
MEMORANDUM FOR:
PHIL BUCHEN
I have been asked about the possibility Jan my availability to
FROM:
JACK MARS
serve on the Board of Visitors at a State College in Virginia.
Is there any problem in connection with this?
Many thanks.
FORD a LIBRARY LERALD
WH
THE WHITE HOUSE
WASHINGTON
December 23, 1975
MEMORANDUM FOR:
JACK MARSH
FROM:
PHILIP BUCHEN
T.
SUBJECT:
Your inquiry about
acceptance of Christmas
Gifts
Your inquiry about the following:
1. Four bottles of wine sent to you from
the Romanian Ambassador;
2. A Virginia ham sent to you from a
friend whose wife has substantial
oil investments; and
3. Another Virginia ham sent to you from
the Corporation with which a friend of
yours is affiliated where the Corporation
is in the oil business.
Attached is a copy of the memorandum of December 1
which dealt with this subject generally.
In the case of the present from the Romanian
Ambassador, there is no problem of your retaining
this gift SO long as the value is not in excess
of $50.00.
The other two gifts are questionable unless it
can be said that the gifts of either or both
hams are motivated soley by the personal relation-
ship of the donor with you and will not give rise
to the appearance of a conflict of interest. If
you should decide you should dispose of either or
both of the hams and you find it inappropriate to
return, then you could dispose of them to a public
charity or charitable institution.
Attachment
GERALD
THE WHITE HOUSE
WASHINGTON
December 1, 1975
MEMORANDUM FOR THE WHITE HOUSE STAFF
FROM:
PHILIP W. BUCHEN
P.W.B.
SUBJECT:
Acceptance of Christmas Presents
The approach of the Christmas season raises anew questions
of presents -- those to be given and those which may be received.
With no intention of detracting from the joys of the season, I
remind everyone on the White House Staff of the limitations
imposed by statutes and regulations on acceptance of gifts.
Gifts between Staff Members
Federal statutes prohibit the acceptance of gifts from fellow
employees of a lesser pay status. The solicitation of contributions
for a Christmas gift for an employee in a superior official position
is also prohibited by statute, as is the giving of such a gift or
donation. However, these laws have not been interpreted to
preclude the traditional exchange of gifts of nominal value between
co-workers within an office.
Acceptance of Other Gifts
As a member of the White House Staff you are expressly prohibited
from soliciting or accepting gifts from corporations or persons
(1) who have or are seeking contractual agreements with any
Executive department or agency, (2) who engage in activities
regulated by Executive departments or agencies, or (3) who have
any interests which may be substantially affected by the performance
of your job. This latter group includes federal employees as well
as persons in the private sector.
The foregoing does not preclude your acceptance of unsolicited
advertising or promotional items such as pens, note pads, calendars
etc., so long as they are of nominal value ($10 or less). Similarl
BERALE FORD LIBRARY
-2-
you are not prohibited from accepting reasonable gifts, promotional
or otherwise, from close personal friends or relatives who have
dealings with the government, when it is clear that the motivation
for the gift is the personal relationship and acceptance would not
give rise to the appearance of a conflict of interest.
In addition, the law prohibits the acceptance of gifts in excess
of $50 (retail value in U.S.) from representatives of foreign
governments except with the express consent of Congress.
Procedures for Disposition of Prohibited Gifts
Any prohibited gift should be returned to the donor along with a
letter, a copy of which should be retained for your files, stating
the reasons for its return. If for any reason it is not possible to
return the gift, please forward it to the Counsel's office (Room 106,
OEOB) along with a letter of explanation. The gift will then be
turned over to a public charity or charitable institution, or if it
is from a representative of a foreign government, to the State
Department for disposition in accordance with its regulations.
The rationale for the foregoing restrictions is two-fold. First,
as between members of the Staff, they avoid any appearance
that a person is attempting to gain favor with a superior by the
giving of a gift or that any gift is expected by the superior.
Second, as to gifts that might be offered from those outside the
White House, they protect you as a member of the Staff from
being exposed to even the appearance of a conflict of interest.
FORD
GERALD
THE WHITE HOUSE
WASHINGTON
December 20, 1975
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
JACK MARSH June
I received four bottles of wine from Ambassador.
I understand similar gifts went to other Members of the senior
staff.
I have no idea as to the value of this gift, nor to the propriety of
an acceptance.
Can you give me some guidance?
Many thanks.
FORD
Marsh,
THE WHITE HOUSE
Jack
Provide contract
WASHINGTON
April 25, 1975
MEMORANDUM FOR:
KEN LAZARUS
FROM:
PHILIP BUCHEN T.W.B.
Attached is a memo and letter from Jack
Marsh. Would you kindly prepare a reply --
from you through me -- to Jack.
Attachment
STATE FORD
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Presidential Libraries Withdrawal Sheet
WITHDRAWAL ID 01480
REASON FOR WITHDRAWAL
Donor restriction
TYPE OF MATERIAL
Letter (s)
CREATOR'S NAME
Marsh, John
RECEIVER'S NAME
Buchen, Philip
DESCRIPTION
Personal financial statement with
attachments.
CREATION DATE
12/20/1974
COLLECTION/SERIES/FOLDER ID
001900423
COLLECTION TITLE
Philip W. Buchen Files
BOX NUMBER
37
FOLDER TITLE
Personnel - Conflict of Interest, A-G
DATE WITHDRAWN
08/24/1988
WITHDRAWING ARCHIVIST
LET
Policy 1
state tory
restrictions on
employment
after leaving
govt. service
Conflictory
Interest
THE WHITE HOUSE
WASHINGTON
May 29, 1975
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
BARRY ROTH
18 U.S. C. 207 contains the statutory restrictions on employment
after leaving Government service. Basically, this statute provides
that:
A former employee is permanently barred from acting as
an agent or attorney for anyone other than the United States
in connection with a particular matter in which the United
States is a party or has an interest and in which he participated
personally and substantially for the government.
A former employee may not for a period of one year after
the termination of his government employment appear
personally before any court, department or agency as
agent or attorney for anyone other than the United States
in connection with any particular matter in which the
United States is a party or has an interest and which was
under the official responsibility of the former staff member
during the last year of his government service.
This statute also affects the circumstances under which a
former employee may join or rejoin a firm which is engaged
in his particular business. It makes it unlawful for a former
employee to share in any fees received by the firm for
services in relation to a particular matter, in which the
United States is a party or has an interest, performed by
the firm at any time during the period of his government
employment. This is so even though the matter was not
ever before his particular department or agency and did
not come to his attention before his separation from the
government.
BERALD R. FORD LIBRARY
2
The new firm member and the firm must make an arrange-
ment whereby his share of its income is attributed to sources
other than fees of the firm derived from activities covered
by this prohibition.
FORD is LIBRARY 038830
October 23, 1962
Pub. Law 87-849
76 STAT. 1123.
case of a special Government employee who has served in such depart-
ment or agency no more than sixty days during the immediately pre-
ceding period of three hundred and sixty-five consecutive days.
"Nothing herein prevents an officer or employee, if not inconsistent
with the faithful performance of his duties, from acting without com-
pensation as agent or attorney for any person who is the subject of
disciplinary, loyalty, or other personnel administration proceedings
in connection with those proceedings.
"Nothing herein or in section 203 prevents an officer or employee,
including a special Government employee, from acting, with or with-
out compensation, as agent or attorney for his parents, spouse, child,
or any person for whom, or for any estate for which, he is serving as
guardian, executor, administrator, trustee, or other personal fiduciary
except in those matters in which he has participated personally and
substantially as a Government employee, through decision, approval,
disapproval, recommendation, the rendering of advice, investigation,
or otherwise, or which are the subject of his official responsibility,
provided that the Government official responsible for appointment to
his position approves.
"Nothing herein or in section 203 prevents a special Government
employee from acting as agent or attorney for another person in the
performance of work under a grant by, or a contract with or for
the benefit of, the United States provided that the head of the depart-
ment or agency concerned with the grant or contract shall certify in
writing that the national interest so requires.
"Such certification shall be published in the Federal Register.
Publication in
"Nothing herein prevents an officer or employee from giving testi- F. R.
mony under oath or from making statements required to be made
under penalty for perjury or contempt.
"§ 206. Exemption of retired officers of the uniformed services
"Sections 203 and 205 of this title shall not apply to a retired
officer of the uniformed services of the United States while not on
active duty and not otherwise an officer or employee of the United
States, or to any person specially excepted by Act of Congress.
"§ 207. Disqualification of former officers and employees in
matters connected with former duties or official respon-
sibilities; disqualification of partners
"(a) Whoever, having been an officer or employee of the executive
branch of the United States Government, of any independent agency
of the United States, or of the District of Columbia, including a
special Government employee, after his employment has ceased, know-
ingly acts as agent or attorney for anyone other than the United States
in connection-with any judicial or other proceeding, application,
request for a ruling or other determination, contract, claim, contro-
versy, charge, accusation, arrest, or other particular matter involving
a specific party or parties in which the United States is a party or has
& direct and substantial interest and in which he participated per-
sonally and substantially as an officer or employee, through decision,
approval, disapproval, recommendation, the rendering of advice,
investigation, or otherwise, while so employed, or
'(b) Whoever, having been SO employed, within one year after his
employment has ceased, appears personally before any court or depart-
ment or agency of the Government as agent, or attorney for, anyone
other than the United States in connection with any proceeding, appli-
cation, request- for-a-ruling or other determination, contract, claim,
controversy, charge, accusation, arrest, or other particular matter
involving a specific party or parties in which the United States is R
party or directly and substantially interested, and which was under
FORD is LIBRARY CERVIL
Pub. Law 87-849
76 STAT. 1124.
October 23, 1962
his official responsibility as an officer or employee of the Govern-
ment at any time within a period of one year prior to the termination
of such responsibility-
"Shall be fined not more than $10,000 or imprisoned for not more
than two years, or both: Provided, That nothing in subsection (a)
or (b) prevents 8 former officer or employee, including a former
special Government employee, with outstanding scientific or tech-
nological qualifications from acting as attorney or agent or appearing
personally in connection with a particular matter in a scientific or
technological field if the head of the department or agency concerned
with the matter shall make a certification in writing, published in the
Publication in
Federal Register, that the national interest would be served by such
F. R.
action or appearance by the former officer or employee.
"(c) Whoever, being a partner of an officer or employee of the
executive branch of the United States Government, of any independ-
ent agency of the United States, or of the District of Columbia, includ-
ing a special Government employee, acts as agent DE attorney for any-
one other than the United States, in connection with any judicial or
other proceeding, application, request for a ruling or other determina-
tion, contract, claim, controversy, charge, accusation, arrest, or other-
particular matter in which the United States is a party or has a direct
and substantial interest and which such officer or employee of the
Government or special Government employee participates or has Dar-
ticipated personally and substantially as a Government employee
through decision, approval, disapproval, recommendation, the render-
ing of advice, investigation or otherwise, or, which is the subject of his
official responsibility-
"Shall be fined not more than $5,000, or imprisoned not more than
one year, or both.
"A partner of a present or former officer or employee of the execu-
tive branch of the United States Government, of any independent
agency of the United States, or of the District of Columbia or of a
present or former special Government employee shall as such be mb-
ject to the provisions of sections 203, 205, and 207 of this title only -
expressly provided in subsection (c) of this section.
"§ 208. Acts affecting a personal financial interest
"(a) Except as permitted by subsection (b) hereof. whoever, being
an officer or employee of the executive branch of the United States
Government, of any independent agency of the United States, or of the
District of Columbia, including a special Government employee,
participates personally and substantially as a Government officer or
employee, through decison, approval, disapproval, recommendation,
the rendering of advice, investigation, or otherwise, in 3 judicial or
other proceeding, application, request for a ruling or other deter-
mination, contract, claim, controversy, charge, accusation, arrest, or
other particular matter in which, to his knowledge, he. his spouse,
minor child, partner, organization in which he is serving as officer,
director, trustee, partner or employee, or any person or organization
with whom he is negotiating or has any arrangement concerning
prospective employment, has a financial interest-
"Shall be fined not more than $10,000, or imprisoned not more than
two years, or both.
" (b) Subsection (a) hereof shall not apply (1) if the officer or
employee first advises the Government official responsible for appoint-
ment to his position of the nature and circumstances of the judicial
or other proceeding, application, request for 3 ruling or other deter-
mination, contract, claim, controversy, charge, accusation, arrest, or
other particular matter and makes full disclosure of the financial
interest and receives in advance a written determination made by such
is
FORD
GERALD
LIBRARY
CONFIDENTIAL
Personnel
THE WHITE HOUSE
WASHINGTON
Conflists
June 10, 1975
Meneral
MEMORANDUM FOR: Max Friedersdorf
FROM:
Phil Buchen T.W.B. .B.
SUBJECT:
Your memorandum to me of June 5
Our office has made some discreet inquiries about the matters
you raised, and we cannot find any information. However, we
shall keep the matter in mind and advise you if we learn of
anything.
Administratives making 8/15/28
FORD & 038830 LIBRARY
CONFIDENTIAL ONFIDENTIAL
THE WHITE HOUSE 5:45
WASHINGTON
Mr. Buchen,
Dudly chapman
called and sand
HUD had not
been able to
find anything else
on the CSC,
FORD is GERALD LIBRARY
THE WHITE HOUSE
WASHINGTON
CONFIDENTIAL
June 5, 1975
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
MAX FRIEDERSDORF M.6.
SUBJECT:
HUD Scandals (Prospective)
Congressman Bill Ford (D-Mich) has mentioned to Charlie
Leppert an impending scandal involving HUD & Civil Service,
that would be embarrassing to the Administration.
Representative Herm Schneebeli has also mentioned a HUD
scandal brewing at Sunbury, Pennsylvania, and has sent a
letter to Secretary Hills. Herm says the FBI is investigating
the Sunbury matter.
CC: Jack Marsh
CONFIDENTIAL
Administration morny
8/15/88
LIBRARY GERALD ? FORD
THE WHITE HOUSE
Pricy
WASHINGTON
September 16, 1975
FOR:
PHIL BUCHEN
FROM:
DON RUMSFELD
Don Kendall has been a visitor around the White House
for a good many years, as you may know. In the past
at Christmas time he has given gifts to various members
of the staff, the telephone operators and others. Some
of the gifts were returned last year in view of the stricter
staff policy.
It might be appropriate this year, prior to the holiday season,
to contact Kendall and be sure he is aware of the policy and
its application to the entire staff.
He is Chairman of the Board of Pepsi Cola.
LIBRARY
Confluits
October 29, 1975
Ken,
Mr. Buchen would like to know
how you are coming on the
examination bar conflict-of-
interest procedures?
I hope this is worded the way he
said it.
shirley
FORD is 071430 LIBRARY
WA
THE WHITE HOUSE
WASHINGTON
December 8, 1975
MEMORANDUM FOR:
PETER MC PHERSON
FROM:
PHILIP BUCHEN
SUBJECT:
Restrictions on Appointment
of Relatives
You have requested the opinion of this office on whether the
President can appoint Mrs. Ford to be a member of the
proposed President's Commission on the Medal of Freedom.
Under 5 U.S.C. 3110, added by section 221 of the Postal Revenue
and Federal Salary Act of 1967, P.L. 90-206, no federal official,
expressly including the President, may appoint or employ any
of a broadly defined class of relatives (including wives) in a
"civilian position" in the agency in which the appointing official
is serving, "or over which he exercises jurisdiction or control."
The only penalty for violation of this provision is loss of salary
for the individual so appointed.
In applying this section to the President, the Office of Legal
Counsel of the Department of Justice interpreted this prohibition
to extend only to the President's authority to appoint "inferior
officers", whose appointment Congress has vested by law in
the President alone. On the other hand, Justice believes that this
section does not limit the President's Constitutionally-based
power to appoint officers of the United States "by and with the
advice and consent of the Senate. 11
While the President can thus appoint relatives to positions
which require confirmation by the Senate, he cannot appoint
relatives to an inferior office such as the subject Commission
on the Medal of Freedom.
On the other hand, this statute would not prohibit the Chairman
of the Commission from inviting Mrs. Ford to serve as an ex
officio member and to participate, but not vote, in all matters
before the Commission. If you wish to proceed in this manner,
the proposed Executive Order should be revised to allow the
Chairman to invite ex officio member(s) to participate in the
Commission's deliberations.
THE WHITE HOUSE
confuction
WASHINGTON
December 8, 1975
MEMORANDUM FOR:
JIM ROGERS
THROUGH:
PHIL BUCHEN
P.W.B.
NC
FROM:
DUDLEY CHAPMAN
SUBJECT:
Reporting of Financial Interests
of Detailed Employees
There is presently no formal system for a conflict of interest
review of employees detailed to the White House staff. Although
in many cases this is not necessary, some detailees are working
in substantive areas and should be checked.
Rather than requiring all detailees to fill out the disclosure form,
it would be helpful if the Counsel's office were notified of all
detailees when they arrive so that we can determine in each case
whether a statement should be required. This can be done by a
weekly note addressed to me listing new detailees, with the
length of their expected stay, and a description of the area in
which they will be working.
FORG
LIBRARY