This letter transmits to you, in accordance with 5 C.F.R.
2634.604(c)(2), a copy of the Standard Form 278, "Executive
Branch Public Financial Disclosure Report," filed by Archer L.
Durham incident to his nomination to the position of Assistant
Secretary for Human Resources and Administration, U.S. Department
of Energy.

I have also enclosed a copy of the statement provided to Mr.
Durham, advising him of statutory and other restrictions
applicable to his service as Assistant Secretary for Human
Resources and Administration. This advice is based upon a review
of the interests disclosed in his Standard Form 278. My
signature on the Standard Form 278 certifies that there is no
unresolved conflict of interest under applicable laws and
regulations with respect to Mr. Durham's nomination to the
position of Assistant Secretary for Human Resources and
Administration.

Enclosures

Sincerely,

Jecembery

Ralph D. Goldenberg
Assistant General Counsel
for General Law

This memorandum is intended to serve as a statement from the
designated agency ethics official for the Department of Energy
(DOE), as required by the Statement for Completion by
Presidential Nominees that you are submitting to the United
States Senate Committee on Energy and Natural Resources in
connection with your nomination by the President to the position
of Assistant Secretary for Human Resources and Administration,
U.S. Department of Energy. I have reviewed your Executive Branch
Public Financial Disclosure Report (Standard Form 278) and your
Report on Prior Employment (DOE Form 460) dated March 30, 1993,
and have certified that the information contained therein
discloses no conflict of interest under applicable laws and
regulations.

As a DOE supervisory employee, you will be prohibited by section 602 (a) of the DOE Organization Act (Pub. L. No. 95-91) from knowingly receiving compensation from, holding any official relation with, or having any pecuniary interest in any energy concern. The term "energy concern" is defined in section 601(b) of the Act as any entity "significantly engaged in the business" of any of a variety of activities related to energy production, distribution, sale, or research and development, or any entity significantly engaged in such research and development pursuant to a DOE-funded program irrespective of whether it otherwise engages in such business. The term also includes any entity holding an interest in property from which an energy resource is commercially produced or obtained. Your Standard Form 278 does not disclose any energy concern interests; however, you should be aware of this restriction in making future investment decisions. Further, section 208, title 18, United States Code, prohibits a Federal officer or employee from participating personally and substantially, as a Government employee, in any particular matter in which, to his knowledge, he has, or his spouse, minor child, general partner, organization in which he is serving as officer, director, trustee, general partner, or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment has, a financial interest. Accordingly, you should avoid participation in any particular matter the outcome of which could have a direct and predictable effect upon any such financial interest.

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In addition, you have received a copy of the "United States
Senate Committee on Energy and Natural Resources Recusal Policy",
dated May 6, 1993. You have agreed to adhere to the Committee's
recusal policy upon appointment to the position of Assistant
Secretary for Human Resources and Administration.

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 (Pub. L. No. 95-521, as amended by Pub. L. 101-194) 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 or her 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.

Free D. Jesubery

Ralph D. Goldenberg