LETTER TO (SANITIZED)FROM S. NEIL HOSENBALL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01370R001101480002-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 65
• Document Creation Date: December 21, 2016
• Document Release Date: November 17, 2008
• Sequence Number: 2
• Publication Date: January 30, 1984
• Content Type: MEMO

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STAT
STAT
STAT
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NASA
National Aeronautics and
Space Administration
Washington, D.C.
20546
Deputy General C-o-un-s-el
Central Intelligence Agency (Langley)
Washington, DC 20505
Enclosed is a copy of the final memorandum of law (brief)
regarding the interpretation of section 207(a) of the Ethics in
Government Act, as amended. This brief' is the final product of a
number of agencies who have participated in its drafting. We
would appreciate it if y-ou would review the brief and contact
Helen Kupperman of my office (453-2465) by close of business
February 6, 1984, as to whether or not you wish to join with a
number of agencies in submitting the brief to the Office of
Government Ethics for transmittal to the Department of Justice,
Office of Legal Counsel.
Also, enclosed is a piece of paper stating that you do concur in
the memorandum of law sent to you with this letter. If your
agency does agree with the brief, your General Counsel or Deputy
General.. Counsel should sign the concurrence and return it to me
not later than Monday, February 6, 1984, at NASA Headquarters,
Office of General Counsel, 400 Maryland Avenue, S.W., Washington,
DC 20546. We are aware that in some agencies the work in the
ethics program regarding review of public and confidential
financial disclosure reports is performed by someone who is riot
in the General Counsel's office. In such cases, we would, of
course, accede to the concurrence being by that official,
although we would wish to point out that this is a legal brief
and that it may be more helpful if the the General Counsel or
Deputy General Counsel also signs the concurrence. The
concurrence, of course, should be signed with the title of the
person and the name of the agency. This signed concurrence will
be appended to a letter transmitting the memorandum of law to the
Office of Government Ethics.
STAT
STAT
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We thank you for your cooperation in this matter and hope that
you will join with the many agencies in supporting this
memorandum of law.
Sincerely,
S. Neil Hosenball
General Counsel
Enclosures:
Memorandum of Law
Concurrence sheet
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I concur in the memorandum of law entitled, Ethics in Government
Act of 1978, as amended--Authority of the President to Require
Disclosure of Financial Information from Mid-Level Federal
.Employees and Special Government Employees, submitted to the
Office of Government Ethics for transmittal to the Office of
Legal Counsel, Department of Justice.
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l ~ C -T ` I
Office of th:
Deputy Assistant Attorney Genet.i
MEMORANDUM FOR DAVID R. SCOTT
Acting Director
Office of Government Ethics
Office of Personnel Management
Re: Confidential Financial Disclosure Reports
This memorandum responds to your request for our opinion
concerning the range of the President's discretion in determining
what information should be included in confidential financial
disclosure reports filed by federal employees in positions
below the level of GS-16 in the General Schedule. You have
explained that the Office of Government Ethics plans to
prepare a draft Presidential directive or order establishing
a government-wide. system of confidential financial disclosure
for certain such employees, which would be issued pursuant to
207(a) of the Ethics in Government Act of 1978 (the Act). 1/
That subsection provides, inter alia, that the President ",-nav
require officers and employees in the executive branch" who
are not covered by the Act's provisions establishing a system
of public financial disclosure "to.submit confidential reports
in such form as is required by this title." (Emphasis added.)
You have csked us to explain the meaning of the foregoing
underscored language, "in such form as is required by this
title." In particular, you have asked, first, whether it
requires that confidential financial disclosure reports
contain the san.:? information required by other provisions of
title II of the Act to be included in public financial disclosure
reports. Second,.you have asked, assuming that the answer to
the first quest.on is ye.s, whether the confidential financial
disclosure reports must be identical in every' respect to
public financial disclosure reports, which now are submitted
on Form SF 278.
1/ Pub. L. No. 95-521, 92 Stat. 1824. Title II of the Act,
which contains.the provisions establishing financial disclosure
requirements for Executive personnel, is codified at 5 U.S.C.
App. (1976 ed.,,Supp. V 1981).
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For the r.c~.,:>.~ns dis-cuss,?c; uclo'~?:, we have concluded, first,
that y 207 (:1) i w ct Irrojwr I t_c7nsi rued reyui ring that con-
s: ident ial t ir,..,.;e7;.31 ciiSClt:rsur- re;port.s include the same informa-
tion require,.! `.y rather pr.oviions