Page:United States Statutes at Large Volume 103 Part 2.djvu/742

 103 STAT. 1752 PUBLIC LAW 101-194—NOV. 30, 1989 Indians. Alaska. Claims. Public information. Classified information. Regulations. Government officers or employees to which such regulation applies; (3) in the case of a special Government employee serving on an advisory committee within the meaning of the Federal Ad- visory Committee Act (including an individual being considered for an appointment to such a position), the official responsible for the employee's appointment, after review of the financial disclosure report filed by the individual pursuant to section 107 of the Ethics in Government Act of 1978, certifies in writing that the need for the individual'services outweighs the poten- tial for a conflict of interest created by the financial interest involved; or "(4) the financial interest that would be affected by the particular matter involved is that resulting solely from the interest of the officer or employee, or his or her spouse or minor child, in birthrights— "(A) in an Indian tribe, band, nation, or other organized group or community, including any Alaska Native village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, "(B) in an Indian allotment the title to which is held in trust by the United States or which is inalienable by the allottee without the consent of the United States, or "(C) in an Indian claims fund held in trust or adminis- tered by the United States, if the particular matter does not involve the Indian allotment or claims fund or the Indian tribe, band, nation, organized group or community, or Alaska Native village corporation as a specific party or parties. "(c)(1) For the purpose of paragraph (1) of subsection (b), in the case of class A and B directors of Federal Reserve Banks, the Board of Governors of the Federal Reserve System shall be deemed to be the Government official responsible for appointment. "(2) The potential availability of an exemption under any particu- lar paragraph of subsection (b) does not preclude an exemption being granted pursuant to another paragraph of subsection (b). "(d)(l) A copy of any determination by other than the Director of the Office of Government Ethics granting an exemption pursuant to subsection (b)(1) or (b)(3) shall be submitted to the Director, who shall make all determinations available to the public pursuant to section 105 of the Ethics in Government Act of 1978. For determina- tions pursuant to subsection (b)(3), the information from the finan- cial disclosure report of the officer or employee involved describing the asset or assets that necessitated the waiver shall also be made available to the public. This subsection shall not apply, however, if the head of the agency or his or her designee determines that the determination under subsection (b)(1) or $X3), as the case may be, involves classified information. "(2) The Office of Government Ethics, after consultation with the Attorney General, shall issue uniform regulations for the issuance of waivers and exemptions under subsection (b) which shall— "(A) list and describe exemptions; and "(B) provide guidance with respect to the types of interests tlj^at are not so substantial as to be deemed likely to affect the

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