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Title 42 — The Public Health and Welfare

Chapter 55 — National Environmental Policy

§ 4367. Reporting requirements of financial interests of officers and employees of Environmental Protection Agency

Statutory text

(a)

Covered officers and employees

Each officer or employee of the Environmental Protection Agency who—

(1)

performs any function or duty under this Act; and

(2)

has any known financial interest in any person who applies for or receives grants, contracts, or other forms of financial assistance under this Act,

shall, beginning on , annually file with the Administrator a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public.

(b)

Implementation of requirements by Administrator

The Administrator shall—

(1)

act within ninety days after —

(A)

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

(B)

to 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 provision for the filing by such officers and employees of such statements and the review by the Administrator of such statements; and

(2)

Omitted.

(c)

Exemption of positions by Administrator

In the rules prescribed under subsection (b) of this section, the Administrator may identify specific positions of a nonpolicymaking nature within the Administration and provide that officers or employees occupying such positions shall be exempt from the requirements of this section.

(d)

Violations; 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Environmental Research, Development, and Demonstration Authorization Act of 1978

    Pub. L. 95–155 § 12 · 91 Stat. 1257

    Enacted · 42 U.S.C. § 4367

    (Pub. L. 95–155, § 12, Nov. 8, 1977, 91 Stat. 1263.)

    Source evidence

    Code source credit
    (Pub. L. 95–155, § 12, Nov. 8, 1977, 91 Stat. 1263.)

    Enacted provision · exact public law section
    Sec. 12 (a) Each officer or employee of the Environmental Protection Annual statement, filing. 42 USC 4367. Agency who— (1) performs any function or duty under this Act; and (2) has any known financial interest in any person who applies for or receives grants, contracts, or other forms of financial assistance under this Act, shall, beginning on February 1, 1978, annually file with the Administrator a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public. (b) The Administrator shall— (1) act within ninety days after the date of enactment of this Act— (A) to define the term “known financial interest” for purposes of subsection (a) of this section; and (B) to 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 provision for the filing by such officers and employees of such statements and the review by the Administrator of such statements; and (2) report to the Congress on June 1 of each calendar year with Report to Congress. respect to such disclosures and the actions taken in regard thereto during the preceding calendar year. (c) In the rules prescribed under subsection (b) of this section, the Administrator may identify specific positions of a nonpolicymaking nature within the Administration and provide that officers or employees occupying such positions shall be exempt from the requirements of this section. (d) Any officer or employee who is subject to. and knowingly violates, Violation, penalty. this section, shall be fined not more than $2,500 or imprisoned not more than one year, or both.

1 of 1 references resolved to an enrolled provision

Editorial Notes

References in Text

This Act, referred to in subsec. (a)(1), (2), is Pub. L. 95–155, , 91 Stat. 1257, known as the Environmental Research, Development, and Demonstration Authorization Act of 1978, which to the extent classified to the Code enacted sections 300j–3a, 4361a, 4361b, and 4363 to 4367 of this title. For complete classification of this Act to the Code, see Tables.

Codification

Subsec. (b)(2) of this section, which required the Administrator to report to 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, terminated, effective , pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, item 9 on page 164 of House Document No. 103–7.

Section was enacted as part of the Environmental Research, Development, and Demonstration Authorization Act of 1978, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.

Credits

(Pub. L. 95–155, § 12, , 91 Stat. 1263.)

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