PRIA, Government Policy, Made Personal

Summary

People who are State members, alternates, officers, or employees of a Commission must not take part in a Commission matter if they, their spouse, minor child, partner, an organization where they hold a leadership or work role (except the State or its subdivisions), or someone they are negotiating future work with has a financial interest. That means they should not decide, approve, recommend, request rulings, or otherwise handle the matter. They can only take part if they tell the Commission ahead of time about the situation, fully disclose the financial interest, and get a written decision from the Commission saying the interest is not likely to hurt the integrity of their work. Breaking this rule can lead to a fine under Title 18, up to 1 year in prison, or both. State members or alternates may only be paid by their State for Commission work. People detailed to the Commission may only be paid by the agency that sent them. Breaking these pay rules has the same penalties. The Federal Cochair, the alternate Federal Cochair, and federal employees assigned to the Commission are not covered by this rule but are still subject to sections 202 through 209 of title 18. A Commission may void any contract, loan, or grant tied to a violation of subsection (a)(1), (b), or (c), or sections 202 through 209 of title 18.

Title 40, §15306

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(a)Conflicts 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 a Commission, shall not participate personally and substantially as a member, alternate, officer, or employee of the Commission, through decision, approval, disapproval, recommendation, request for a ruling, or other determination, contract, claim, controversy, or other 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 is negotiating or has any arrangement concerning prospective employment.

(2)Exception.—

Paragraph (1) shall not apply if the individual, in advance of the proceeding, application, request for a ruling or other determination, contract, claim controversy, or other particular matter presenting a potential conflict of interest—

(A)advises the Commission of the nature and circumstances of the matter presenting the conflict of interest;

(B)makes full disclosure of the financial interest; and

(C)receives 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 that the Commission may expect from the individual.

(3)Violation.—

An individual violating this subsection shall be fined under title 18, imprisoned for not more than 1 year, or both.

(b)State Member or Alternate.—

A State member or alternate member may not receive any salary, or any contribution to, or supplementation of, salary, for services on a Commission from a source other than the State of the member or alternate.

(c)Detailed Employees.—

(1)In general.—

No person detailed to serve a Commission shall receive any salary, or any contribution to, or supplementation of, salary, for services provided to the Commission from any source other than the State, local, or intergovernmental department or agency from which the person was detailed to the Commission.

(2)Violation.—

Any person that violates this subsection shall be fined under title 18, imprisoned not more than 1 year, or both.

(d)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 are not subject to this section but remain subject to sections 202 through 209 of title 18.

(e)Rescission.—

A Commission may declare void any contract, loan, or grant of or by the Commission in relation to which the Commission determines that there has been a violation of any provision under subsection (a)(1), (b), or (c), or any of the provisions of sections 202 through 209 of title 18.

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.

§15306 Personal Financial Interests