duties. There are also restrictions on the fundraising
activities in which you may engage on behalf of these entities.
You may not personally solicit funds from a subordinate or any
entity that does business with or is regulated by the Department.
There are also Government-wide statutes that affect a Department
employee's outside activities. Sections 203 and 205, title 18,
United States Code, generally prohibit a Government employee from
representing, with or without compensation, any party other than
the United States before any court or any Federal department or
agency in connection with a particular matter in which the United
States is a party or has a direct and substantial interest.

You should also be aware that Executive Order 12674, as modified
by Executive Order 12731, prohibits employees appointed by the
President to positions in the executive branch from receiving
outside earned income during the term of the Presidential
appointment. Further, title V of the Ethics in Government Act of
1978, as amended, contains restrictions on the outside activities
of certain Government employees including those appointed by the
President. Specifically, section 502 of the Ethics in Government
Act provides that such an employee may not permit his name to be
used by any entity which provides professional services involving
a fiduciary relationship, whether or not compensation is received
for such activity.

Finally, as required by Executive Order 12834, you have agreed to sign a Senior Appointee Pledge upon your appointment. The pledge describes certain post-employment restrictions that will be applicable to you when you terminate your Government service.

Please let me know if I can be of further assistance.

5. Jeeway

Ralph D. Goldenberg

In accordance with the Ethics in Government Act of 1978, I enclose a copy of the financial disclosure report filed by Robert W. Gee who has been nominated by President Clinton for the position of Assistant Secretary for Policy and International Affairs, Department of Energy.

We have reviewed the report and have also obtained advice from the Department of Energy concerning any possible conflict in light of its functions and the nominee's proposed duties. Attached to the report is a memorandum dated September 4, 1997, from the agency ethics official to the nominee with respect to recusal, waivers, and certain other matters. Unless a specific date has been agreed to, the nominee must fully comply, within three months confirmation date, with the actions he agreed to take in his ethics agreement.

of his

Based thereon, we believe that Mr. Gee is in compliance with applicable laws and regulations governing conflicts of interest.

Sincerely,

Stephen D. Pothe so
Stephen D

Director

Potts

Enclosure