40 U.S.C. § 14309 — Personal financial interests
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 466 words · no verdicts yet
Certain Commission members, alternates, officers, and employees may not personally and substantially participate in a particular matter when they know specified people or organizations have a financial interest, unless the statutory exception applies. The section also limits outside salary sources, preserves specified federal conflict-of-interest rules, and authorizes rescission of affected Commission actions.
(a) Conflict of Interest. (1) No role allowed. Unless paragraph (2) permits it, a state member or alternate, or an officer or employee of the Commission, may not participate personally and substantially, as a member, alternate, officer, or employee, in any way in a particular matter if the individual knows that any of these has a financial interest: (A) the individual; (B) the individual's spouse, minor child, or partner; (C) an organization, other than a State or political subdivision of a State, in which the individual serves as an officer, director, trustee, partner, or employee; or (D) any person or organization with whom the individual (i) serves as an officer, director, trustee, partner, or employee, or (ii) is negotiating or has an arrangement concerning possible employment. (2) Exception. Paragraph (1) does not apply if the individual first tells the Commission the nature and circumstances of the particular matter, fully discloses the financial interest, and receives the Commission's advance written decision that the interest is not so substantial that it is likely to affect the integrity of the services the Commission may expect from the individual. (3) Criminal penalty. An individual who violates this subsection shall be fined under title 18, imprisoned for not more than two years, or both.
(b) Additional Sources of Salary Disallowed. (1) State member or alternate. A state member or alternate cannot get salary, or any contribution to or supplement of salary, for Commission service from anyone but their own State. (2) Individuals detailed to commission. Someone detailed to the Commission under section 14306(a)(4) cannot get salary or salary supplements for that service from anyone but the state, local, or intergovernmental agency that detailed them, or the Commission. (3) Criminal penalty. Violating this subsection can mean a fine under title 18, up to one year in prison, or both.
(c) Federal Cochairman, Alternate to Federal Cochairman, and Federal Officers and Employees. The Federal Cochairman, the Federal Cochairman's alternate, and any federal officer or employee detailed under section 14306(a)(3) are not covered by this section, but they remain covered by sections 202-209 of title 18.
(d) Rescission. The Commission may void and cancel any contract, loan, or grant of or by the Commission if it finds a violation of subsection (a)(1), (b), or sections 202-209 of title 18 was involved.
Except as permitted by paragraph (2), an individual who is a state member or alternate, or an officer or employee of the Appalachian Regional Commission, shall not participate personally and substantially as a member, alternate, officer, or employee in any way in any particular matter in which, to the individual’s knowledge, any of the following has a financial interest:
the individual.
the individual’s spouse, minor child, or partner.
an organization (except a State or political subdivision of a State) in which the individual is serving as an officer, director, trustee, partner, or employee.
any person or organization with whom the individual—
is serving as an officer, director, trustee, partner, or employee; or
is negotiating or has any arrangement concerning prospective employment.
Paragraph (1) does not apply if the individual first advises the Commission of the nature and circumstances of the particular matter and makes full disclosure of the financial interest and receives in advance a written decision of the Commission that the interest is not so substantial as to be considered likely to affect the integrity of the services which the Commission may expect from the individual.
An individual violating this subsection shall be fined under title 18, imprisoned for not more than two years, or both.
A state member or alternate may not receive any salary, or any contribution to, or supplementation of, salary, for services on the Commission from a source other than the State of the member or alternate.
An individual detailed to serve the Commission under section 14306(a)(4) of this title may not receive any salary, or any contribution to, or supplementation of, salary, for services on the Commission from a source other than the state, local, or intergovernmental department or agency from which the individual was detailed or from the Commission.
An individual violating this subsection shall be fined under title 18, imprisoned for not more than one year, or both.
The Federal Cochairman, the alternate to the Federal Cochairman, and any federal officer or employee detailed to duty with the Commission under section 14306(a)(3) of this title are not subject to this section but remain subject to sections 202–209 of title 18.
The Commission may declare void and rescind any contract, loan, or grant of or by the Commission in relation to which it finds that there has been a violation of subsection (a)(1) or (b) of this section or any of the provisions of sections 202–209 of title 18.
Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1261.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1261
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.
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