43 U.S.C. § 1864: Disclosure of financial…

Summary

Officers and employees of the Department of the Interior who work under this chapter or the Outer Continental Shelf Lands Act and who have any known financial interest in people or companies that apply for or hold permits or leases must file a written disclosure with the Secretary each year. The first filings began February 1, 1979, and they must report interests from the prior calendar year. These statements will be available to the public. The Secretary must, within 90 days after September 18, 1978, define "known financial interest" and set up how filings will be made, reviewed, and enforced. The Secretary can exempt jobs that are nonregulatory or nonpolicymaking. The Secretary must report to Congress each June 1 about the disclosures and actions taken for the previous year. Anyone who is required to file and knowingly fails can be fined up to $2,500, jailed up to one year, or both.

Title 43, §1864

Public Lands, Source: USLM XML via OLRC

(a)Annual written statement

Each officer or employee of the Department of the Interior who—

(1)performs any function or duty under this chapter or the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.], as amended by this Act; and

(2)has any known financial interest in any person who (A) applies for or receives any permit or lease under, or (B) is otherwise subject to the provisions of this chapter or the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.],

shall, beginning on February 1, 1979, annually file with the Secretary of the Interior a written statement concerning all such interests held by such officer or employee during the preceeding calendar year. Such statement shall be available to the public.

(b)“Known financial interest” defined; enforcement; report to Congress

The Secretary of the Interior shall—

(1)within ninety days after September 18, 1978—

(A)define the term “known financial interest” for purposes of subsection (a) of this section; and

(B)establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appropriate provisions for the filing by such officers and employees of such statements and the review by the Secretary of such statements; and

(2)report to the Congress on June 1 of each calendar year with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year.

(c)Officers and employees in nonregulatory or nonpolicymaking positions

In the rules prescribed in subsection (b) of this section, the Secretary may identify specific positions within the Department of the Interior which are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section.

(d)Penalties

Any officer or employee who is subject to, and knowingly violates, this section shall be fined not more than $2,500 or imprisoned not more than one year, or both.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(1), (2), was in the original “this Act”, meaning Pub. L. 95–372, Sept. 18, 1978, 92 Stat. 629, known as the Outer Continental Shelf Lands Act

Amendments

of 1978, which enacted this chapter, sections 1344 to 1356 of this title, and section 237 of Title 30, Mineral Lands and Mining, amended sections 1331 to 1334, 1337, 1340, and 1343 of this title, section 1456, 1456a, and 1464 of Title 16, Conservation, and section 6213 of Title 42, The Public Health and Welfare, and enacted provisions set out as notes under section 1348 and 1811 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1801 of this title and Tables. This Act, referred to in subsec. (a)(1), is Pub. L. 95–372, Sept. 18, 1978, 92 Stat. 629. See note above. The Outer Continental Shelf Lands Act, referred to in subsec. (a)(1), (2), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1301 of this title and Tables.

Statutory Notes and Related Subsidiaries

Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (b)(2) of this section relating to the requirement that the Secretary of the Interior report to Congress on June 1 of each calendar year, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 16th item on page 111 of House Document No. 103–7.

§1864 Disclosure of Financial Interests by Officers and Employees of Department of the Interior

Summary

Title 43, §1864

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Short Title

Short Title

Statutory Notes and Related Subsidiaries

Citations & Metadata