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TAB KA

FROM:

FRED F. FIELDING
COUNSEL TO THE PRESIDENT

SUBJECT:

Personal Data Statement For Members of the
Executive Committee of the President's Private
Sector Survey

As part of the clearance and assignment procedures relating to your proposed appointment, please answer the following questions. For questions 6-10, inclusive, please supply information as it pertains to you, your spouse and any relatives living in your immediate household. In addition, you are requested to supply any information you deem to be relevant with regard to your spouse or relatives when responding to any of the other questions, This information will remain confidential, and it is not subject to public disclosure.

Because your appointment cannot be finalized and assignments to Executive Committee teams made until all necessary reviews have been completed, please supply this information at your earliest convenience.

If you have any questions or if this office can be of assistance, please do not hesitate to contact me. Thank you for your cooperation

1.

Date and place of birth and social security number.

2.

Current position and business address and phone number.

3.

Home address and phone number.

4.

Name of person to contact in your office with regard
to Survey matters and home and office phone numbers for
that person.

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5. Schools attended beyond high school, degrees awarded, and dates thereof.

6. The names of all corporations, firms, partnerships, or other business enterprises, and all nonprofit organizations and educational or other institutions with which you are now or during the past three years have been affiliated as an officer owner, director, trustee, partner, advisor, or consultant. In addition please provide the names of any other organizations with which you were affiliated prior to the past three years which might present a potential conflict pr appearance of conflict with your proposed appointment. (Please note that in the case of an attorney's client listing, it is only necessary to provide the names of major clients and those which might present a potential conflict or appearance of conflict with your proposed appointment).

Those organizational affiliations which you plan to continue during the term of your appointment should be noted with an asterisk.

7. The names of any crejitors (other than those to whom you may be indebted by reason of a mortgage on property used as a personal residence or to whom you may be indebted for current and ordinary living expenses), setting forth the amount of such debt, any additional information deemed relevant to explain the transaction.

8. · The names of all corporations, firms, or other business enterprises, partnerships, nonprofit organizations, and educational or other institutions, with which you presently have any continuing financial interests or through the ownership of stock, stock options, bonds, or other arrangements, including trusts or by reason of a pension or retirement plan, stock bonus, profit-sharing, or other arrangement as a result of any prior employment or business or professional association. Also supply such details as are necessary for a thorough understanding of such continuing financial interests. Any interests you plan to retain during your period of government service should be noted with an asterisk.

9. List direct involvement through contracts, provision of consulting services, etc. that you or your current business has with the Federal Government. Please specify the agency or agencies involved.

10. The details of any contractual or informal arrangement you may have with any business enterprise in regard to future employment.

1

REQUIRED INFORMATION FOR PERSONWEL DATABASE:

FOR TASK Force Mombins

LAST NAME:

FIRST NAME/MID INIT:

HOME
WASHINGTONA ADDRESS
(Hotel if from out of town):

WASHINGTON HOME PHONE
WASHINGTON WORK PHONE
(Ext. only if PPSS):

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THE WHITE HOUSE

WASHINGTON

June 14, 1982

MEMORANDUM FOR THE EXECUTIVE COMMITTEE OF THE PRESIDENT'S

PRIVATE SECTOR SURVEY ON COST CONTROL IN THE
FEDERAL GOVERNMENT

FROM:

FRED F. FIELDINGS

Counsel to the President

SUBJECT:

Application of Conflict of Interest Laws

As a member of the President's Private Sector Survey on Cost Controi in the Federal Government ("the Survey"), your status vis-a-vis the Federal Government is that of a "Special Government Employee." That term is defined to include "an officer or employee of the Executive Branch .. who is retained, designated, appointed or employed to perform, with or without compensation, for not to exceed one hundred and thirty days during any period of three hundred and sixty-five days, temporary duties either on a full-time or intermittent basis..." 18 U.S.C. S202.

There are certain criminal statutes which apply to Special Government Employees, the general prohibitions of which you should be aware. These are as follows:

18 U.S.C. 203: Provides that you may neither solicit
nor receive any compensation, including sharing a
fee, which evolves from representation of any person,
except the United States, before any department or
agency if such representation concerns a particular
matter involving a specific party or parties in which
you participated personally and substantially as a
Special Government Employee.

18 U.S.C. 205: Provides that you may not, except
in the discharge of your official duties, represent
anyone before a court or Government agency in regard
to a particular matter in which the United States is
a pary or has an interest and is one in which you
participated personally and substantially as
Special Government Employee. This prohibition applies
to both paid and unpaid representation of another.

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18 U.S.C. 208: Provides that you may not participate
personally and substantially, throug. decision,
approval, disapproval, recommendation or the rendering
of advice, in a particular matter in which to your
knowledge, you, your spouse, minor child, partner, or
any organization in which you are serving as an officer,
director, trustee, partner, or employee has a financial
interest.

18 U.S.c. 207: Subsection(a) of 18 U.S.c. 207 provides
that you may not, after termination of your Government
service, knowingly represent any other person, except
the United States, in any formal or informal appearance,
or, with an intent to influence, communicate on behalf
of any other person in connection with any particular
matter involving a specific party or parties and in which
you participated personally and substantially as a Special
Government Employee.

Subsection(b)(i) of 18 U.S.C. 207 provides that you may not,
for 2 years after termination of your Government service,
knowingly represent any other person, except the United
States, or, with an intent to influence, communicate on
behalf of any other person in connection with any particu-
lar matter involving a specific party or parties which was
pending under your official responsibility as a Special
Government employee.

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The above restrictions are narrowly circumscribed in that
they apply only to a "particular matter," "particular matters

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official responsibility." These terms generally relate to
specific rulings, applications, contracts, claims or investigations.
As the Survey has the broad mandate of examining the way the
Government operates and not the particular matters presented
for decision in a federal agency, I do not believe that the
aforementioned restrictions should cause you problems, but
it is essential that you be cognizant of them.

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Outside of Title 18, there is another law with which you should
be familiar. Known generally as the Hatch Act (5 U.S.C. SP321,
et seq.), this law prohibits you from using your official position
as a special government employee to influence an election and
from participating in partisan political activities while serving
on Survey matters. Since this prohibition applies only during
the time you are acting as a member of the survey, it should
not cause you any problems.

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