Title 43 — Public Lands
Chapter 36 — Outer Continental Shelf Resource Management
§ 1864. Disclosure of financial interests by officers and employees of Department of the Interior
Statutory text
Annual written statement
Each officer or employee of the Department of the Interior who—
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
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 , annually file with the Secretary of the Interior a written statement concerning all such interests held by such officer or employee during the preceeding 1 calendar year. Such statement shall be available to the public.
“Known financial interest” defined; enforcement; report to Congress
The Secretary of the Interior shall—
within ninety days after —
define the term “known financial interest” for purposes of subsection (a) of this section; and
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
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.
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.
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.
Footnotes
- 1 So in original. Probably should be “preceding”.
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.
Outer Continental Shelf Lands Act Amendments of 1978
Pub. L. 95–372 title VI § 605 · 92 Stat. 629
Enacted · 43 U.S.C. § 1864
(Pub. L. 95–372, title VI, § 605, Sept. 18, 1978, 92 Stat. 695.)
Source evidence
Code source credit
(Pub. L. 95–372, title VI, § 605, Sept. 18, 1978, 92 Stat. 695.)Enacted provision · exact public law section
Sec. 605. sunshine in government (a) Each officer or employee of the 43 USC 1864 Department of the Interior who— (1) performs any function or duty under this Act or the Outer Continental Shelf Lands Act, as amended by this Act; and 43 USC 1331 note. (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 Act or the Outer Continental Shelf Lands Act, 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) The Secretary of the Interior shall— (1) within ninety days after the date of enactment of this Act— (A) define the term “known financial interest” for purposes “Known financial interest.” 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 Report to Congress. respect to such disclosures and the actions taken in regard thereto during the preceding calendar year. (c) 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) Any officer or employee who is subject to, and knowingly violates, 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 chapter, referred to in subsec. (a)(1), (2), was in the original “this Act”, meaning Pub. L. 95–372, , 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, sections 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 sections 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, , 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 Requirements
For termination, effective , 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.