PRIA, Government Policy, Made Personal

Summary

People who are state members, alternates, officers, or employees of the Appalachian Regional Commission must not take part in any specific Commission decision if they know they, their spouse, minor child, partner, a group they run, or someone they work with or might work for has a financial stake in that decision. They can only take part if they first tell the Commission what the situation is, fully explain the money interest, and get a written approval beforehand saying the interest is not so big that it would hurt their work. Breaking this rule can bring criminal charges, a fine under title 18, and up to 2 years in prison. State members or alternates may only get pay for Commission work from their State. People detailed to the Commission may only be paid by their original state, local, or intergovernmental employer or by the Commission. Violating these pay rules can bring a fine under title 18 and up to 1 year in prison. The Federal Cochair, the Federal Cochair’s alternate, and federal employees detailed to the Commission are not covered by these rules but remain subject to sections 202–209 of title 18. The Commission can cancel any contract, loan, or grant if it finds a violation of the conflict or pay rules or of sections 202–209 of title 18.

Title 40, §14309

Public Buildings, Property, and Works, Source: USLM XML via OLRC

(a)Conflict of Interest.—

(1)No role allowed.—

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:

(A)the individual.

(B)the individual’s spouse, minor child, or partner.

(C)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.

(D)any person or organization with whom the individual—

(i)is serving as an officer, director, trustee, partner, or employee; or

(ii)is negotiating or has any arrangement concerning prospective employment.

(2)Exception.—

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.

(3)Criminal penalty.—

An individual violating 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 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.

(2)Individuals detailed to commission.—

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.

(3)Criminal penalty.—

An individual violating this subsection shall be fined under title 18, imprisoned for not more than one year, or both.

(c)Federal Cochairman, Alternate to Federal Cochairman, and Federal Officers and Employees.—

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 section 202–209 of title 18.

(d)Rescission.—

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 section 202–209 of title 18.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 14309(a)(1)40 App.:108(a) (1st sentence).Pub. L. 89–4, title I, § 108, Mar. 9, 1965, 79 Stat. 9. 14309(a)(2)40 App.:108(b). 14309(a)(3)40 App.:108(a) (last sentence). 14309(b)40 App.:108(c). 14309(c)40 App.:108(d). 14309(d)40 App.:108(e). In subsection (a), the words “proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other” are omitted as unnecessary. In subsection (a)(1), before clause (A), the words “in any way” are substituted for “through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise” to eliminate unnecessary words. In subsection (a)(3), the words “fined under title 18” are substituted for “fined not more than $10,000” for consistency with chapter 227 of title 18. In subsection (b)(3), the words “fined under title 18” are substituted for “fined not more than $5,000” for consistency with chapter 227 of title 18. In subsection (c), the words “Notwithstanding any other subsection of this section” are omitted as unnecessary. The words “this section” are substituted for “any such subsection” to correct an apparent error in the source provision. In subsection (d), the words “in its discretion” are omitted as unnecessary.

§14309 Personal Financial Interests

Summary

Title 40, §14309

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata