15. t INFORMATION HELD IN CONFIDENTIAL COMMITTEE FILES 17. (Cont.) I made the filing twenty days late. I promptly paid the penalty assessed for the late filing. In February of 1993, I filed amended Federal and State employment tax returns to make payment of employment taxes for an individual who performed cleaning services in my home from 7/90 through 12/92. Finally, in August of 1993,1 filed Federal and State employment tax returns to make payment of employment taxes for a part-time babysitter who worked for me for the month of December, 1988. During the period 1/89 through the present I filed State and federal employment returns contemporaneously with my employing a full-time child care provider in my home. i PATRICIA J. BENEKE STATEMENT OF DISQUALIFICATION My husband is a partner in a law firm that represents the Compressed Gas Association and the Helium Advisory Council whose members may be affected by the Bureau of Mines helium program. It is my understanding that the Association and Council have taken public positions regarding that program and regarding issues relating to the pricing of helium. To avoid any direct financial conflict, my husband has recused himself from any involvement in matters involving these clients and he will not share in any income derived by the firm from their work on these matters. The firm has agreed to this arrangement. In addition, to avoid any appearance of conflict, I hereby recuse myself from participating in my official capacity in any particular matter in which my husband's law firm represents the Compressed Gas Association or the Helium Advisory Council as a specific party. This recusal does not extend to official budget matters, general rule making, general legislative or administrative policy matters, including general helium program or pricing issues that will affect all helium users, producers or refiners. Anyone having a question about whether a matter being referred to me is covered by this recusal agreement should bring the matter to the attention of my servicing ethics official for a determination. Patricia J. Beneke Date Nominee for Assistant Secretary Water and Science, U.S. Department of the Interior United States '« Office of Government Ethics ff 1201 New York Avenue. NW. Suite 5O0 >Jg*^j? Washington. DC 20OO5-3917 September 11, 1995 The Honorable Frank H. Murkowski Chairman Committee on Energy and Natural Resources United States Senate Washington, DC 20510-6150 Dear Mr. Chairman: In accordance with the Ethics in Government Act of 1978; I enclose a copy of the financial disclosure report filed by Patricia J. Beneke, who has been nominated by President Clinton for the position of Assistant Secretary - Water and Science, Department of the Interior. We have reviewed the report and have also obtained advice from the Department of the Interior (DOI) concerning any possible conflict in light of DOI's functions and the nominee.s proposed duties. Also enclosed is a letter from DOI.s ethics official dated September 7, 1995, which discusses Ms. Beneke's ethics agreement with respect to recusal and other ethics undertakings. Based thereon, we believe that Ms. Beneke is in compliance with applicable laws and regulations governing conflicts of interest. Sincerely, Stephen D. Potts Enclosures SEP 7 B95 U.S. Office of Government Ethics 1201 New York Avenue, N.W. Dear Mr. Potts: The enclosed financial disclosure report (SF-278) filed by Patricia J. Beneke for the position of Assistant Secretary - Water & Science, has been reviewed in compliance with 5 CFR part 2634.605. Ms. Beneke is presently employed by the Department as the Deputy Assistant Secretary - Water & Science. In addition to the standard conflict of interest prohibitions contained in 18 U.S.C. §§ 201 - 209 and Executive Order 12674 (as modified by Executive Order 12731), the Assistant Secretary - Water & Science, is subject to five statutory prohibitions that apply to employees in our Department. These statutory prohibitions are: 18 U.S.C. § 437; 30 U.S.C. § 6; 30 U.S.C. § 1211(f); 43 U.S.C. § 11; and 43 U.S.C. § 31(a). Except for 30 U.S.C. § 1211(f), the provisions of each of these statutes are extended to the Assistant Secretary - Water & Science, by Department of the Interior regulations contained in 43 CFR 20.735. Ms. Beneke.s spouse is a partner with the law firm of Arent Fox of Washington D.C. Ms. Beneke has informed us that the law firm does represent one client who has interests that may be affected by decisions made in the Bureau of Mines. The Bureau of Mines is within the purview of the Assistant Secretary - Water and Science. Ms. Beneke.s husband is not working on this matter for the firm. However, because he is a partner in the firm, he has agreed to voluntarily recuse himself from any involvement in the matter and will not share in any income derived by the firm from their work on this matter. The firm has agreed to this arrangement. Our review disclosed no other matters within the purview of the Assistant Secretary that involve the law firm of Arent Fox. Should any other matters involving the law firm require Ms. Beneke.s involvement, she has agreed to a) recuse herself from participating personally and substantially in any particular matters that wnJ have a data and predictahle effect on be hushand.s financial interest in Ac law 5m or c be nusbanc w_ "rg^jjw a recusal action similar to the one descrihed above aad be w-.l relinquish his pomon of any partnership mcome be ssay derrve frees ae law fr= s work oc sacs matters. Additionally. Ms. Beaeke has agreed for the purpose of preveat^E the appearance of impropriety to recuse herself from pamcLiar matters tsvoivag spmfic parties that involve ber hushand's law fins or clients. urJess the Designated Agency Ethics Official pursuant to 5 CFR 2635301. i i determines Ha t rhe interest of the Government in her pamcpaDcrn outweighs any appearance issue that may he present The Rudolf Farm Partnersrup <~Panoersr:r i consists of four general partners: Ms. Beaeke. her hushand Rohert J Watersr and Ms. Beneke's sister and brother-inlaw. The Pannersiip manages the frn»nr-.»i operations of two 160 acre parcels of farmland in Pocobontas Count). Iowa. One 160 acre parcel is owned by Ms. Beneke and her hushandr and the other is owned hy Ms. Beneke.s sister and brother-in-law. Corn and soyheans were the major crops produced on the farmland during the reporting period- The asset valuation of from $15,001 $50,000 for the Partnership represents Ms. Beneke's and her hushand.s share of the value of unsold crop production from the farm operationsr as well as cash assets of the Partnership. The income reported is the share cf income derived by Ms. Beneke and her hushand from crop sales. Ms. Beneke reports interests in two other parcels of farm land (located in Pocobontas County, Iowa) as interests of her dependent children. These interests consist of undivided partial interests in lands which are heing gifted, over time, to her dependent children hy Ms. Beneke's parents None of the farm land owned by Ms. Beneke and her hushand or her dependent children in Pocobontas County receives water from Bureau of Reclamation projects. Further, neither the Partnership nor the farmlands have any permits, rights-of-way or any other business dealings that involve the Department of the Interior. Ms. Beneke and her husband received a payment of $840 from the Farm Services Agency of the U.S. Department of Agriculture. Such payments are routine Department of Agriculture farm program payments, made to help offset price deficiencies in specific crops farmers sell. Ms. Beneke.s dependent children did not receive similar payments associated with their real property interests. Farm program payments from the Department of Agriculture do not present a problem |