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5 Prosecutions
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1 Conviction
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3 Convictions
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CITE

    18 USC Sec. 208                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

HEAD

    Sec. 208. Acts affecting a personal financial interest

STATUTE

      (a) Except as permitted by subsection (b) hereof, whoever, being
    an officer or employee of the executive branch of the United States
    Government, or of any independent agency of the United States, a
    Federal Reserve bank director, officer, or employee, or an officer
    or employee of the District of Columbia, including a special
    Government employee, participates personally and substantially as a
    Government officer or employee, through decision, approval,
    disapproval, recommendation, the rendering of advice,
    investigation, or otherwise, in a judicial or other proceeding,
    application, request for a ruling or other determination, contract,
    claim, controversy, charge, accusation, arrest, or other particular
    matter in which, to his knowledge, he, his spouse, minor child,
    general partner, organization in which he is serving as officer,
    director, trustee, general partner or employee, or any person or
    organization with whom he is negotiating or has any arrangement
    concerning prospective employment, has a financial interest -
      Shall be subject to the penalties set forth in section 216 of
    this title.
      (b) Subsection (a) shall not apply -
        (1) if the officer or employee first advises the Government
      official responsible for appointment to his or her position of
      the nature and circumstances of the judicial or other proceeding,
      application, request for a ruling or other determination,
      contract, claim, controversy, charge, accusation, arrest, or
      other particular matter and makes full disclosure of the
      financial interest and receives in advance a written
      determination made by such official that the interest is not so
      substantial as to be deemed likely to affect the integrity of the
      services which the Government may expect from such officer or
      employee;
        (2) if, by regulation issued by the Director of the Office of
      Government Ethics, applicable to all or a portion of all officers
      and employees covered by this section, and published in the
      Federal Register, the financial interest has been exempted from
      the requirements of subsection (a) as being too remote or too
      inconsequential to affect the integrity of the services of the
      Government officers or employees to which such regulation
      applies;
        (3) in the case of a special Government employee serving on an
      advisory committee within the meaning of the Federal Advisory
      Committee Act (including an individual being considered for an
      appointment to such a position), the official responsible for the
      employee's appointment, after review of the financial disclosure
      report filed by the individual pursuant to the Ethics in
      Government Act of 1978, certifies in writing that the need for
      the individual's services outweighs the potential for a conflict
      of interest created by the financial interest involved; or
        (4) if the financial interest that would be affected by the
      particular matter involved is that resulting solely from the
      interest of the officer or employee, or his or her spouse or
      minor child, in birthrights -
          (A) in an Indian tribe, band, nation, or other organized
        group or community, including any Alaska Native village
        corporation as defined in or established pursuant to the Alaska
        Native Claims Settlement Act, which is recognized as eligible
        for the special programs and services provided by the United
        States to Indians because of their status as Indians,
          (B) in an Indian allotment the title to which is held in
        trust by the United States or which is inalienable by the
        allottee without the consent of the United States, or
          (C) in an Indian claims fund held in trust or administered by
        the United States,
      if the particular matter does not involve the Indian allotment or
      claims fund or the Indian tribe, band, nation, organized group or
      community, or Alaska Native village corporation as a specific
      party or parties.
      (c)(1) For the purpose of paragraph (1) of subsection (b), in the
    case of class A and B directors of Federal Reserve banks, the Board
    of Governors of the Federal Reserve System shall be deemed to be
    the Government official responsible for appointment.
      (2) The potential availability of an exemption under any
    particular paragraph of subsection (b) does not preclude an
    exemption being granted pursuant to another paragraph of subsection
    (b).
      (d)(1) Upon request, a copy of any determination granting an
    exemption under subsection (b)(1) or (b)(3) shall be made available
    to the public by the agency granting the exemption pursuant to the
    procedures set forth in section 105 of the Ethics in Government Act
    of 1978. In making such determination available, the agency may
    withhold from disclosure any information contained in the
    determination that would be exempt from disclosure under section
    552 of title 5. For purposes of determinations under subsection
    (b)(3), the information describing each financial interest shall be
    no more extensive than that required of the individual in his or
    her financial disclosure report under the Ethics in Government Act
    of 1978.
      (2) The Office of Government Ethics, after consultation with the
    Attorney General, shall issue uniform regulations for the issuance
    of waivers and exemptions under subsection (b) which shall -
        (A) list and describe exemptions; and
        (B) provide guidance with respect to the types of interests
      that are not so substantial as to be deemed likely to affect the
      integrity of the services the Government may expect from the
      employee.

SOURCE

    (Added Pub. L. 87-849, Sec. 1(a), Oct. 23, 1962, 76 Stat. 1124;
    amended Pub. L. 95-188, title II, Sec. 205, Nov. 16, 1977, 91 Stat.
    1388; Pub. L. 101-194, title IV, Sec. 405, Nov. 30, 1989, 103 Stat.
    1751; Pub. L. 101-280, Sec. 5(e), May 4, 1990, 104 Stat. 159; Pub.
    L. 103-322, title XXXIII, Secs. 330002(b), 330008(6), Sept. 13,
    1994, 108 Stat. 2140, 2143.)

REFERENCES IN TEXT

      The Federal Advisory Committee Act, referred to in subsec.
    (b)(3), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
    which is set out in the Appendix to Title 5, Government
    Organization and Employees.
      The Ethics in Government Act of 1978, referred to in subsecs.
    (b)(3) and (d)(1), is Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824,
    as amended. For complete classification of this Act to the Code,
    see Short Title note set out under section 101 of Pub. L. 95-521 in
    the Appendix to Title 5 and Tables.
      The Alaska Native Claims Settlement Act, referred to in subsec.
    (b)(4)(A), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as
    amended, which is classified generally to chapter 33 (Sec. 1601 et
    seq.) of Title 43, Public Lands. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1601 of Title 43 and Tables.

PRIOR PROVISIONS

      A prior section 208, act June 25, 1948, ch. 645, 62 Stat. 693,
    related to the acceptance of solicitation of a bribe by a judicial
    officer, prior to the general amendment of this chapter by Pub. L.
    87-849 and is substantially covered by revised section 201.
      Provisions similar to those comprising this section were
    contained in section 434 of this title prior to the repeal of such
    section and the general amendment of this chapter by Pub. L. 87-
    849.
                                AMENDMENTS
      1994 - Subsec. (b)(4). Pub. L. 103-322, Sec. 330008(6), inserted
    "if" after "(4)".
      Subsec. (c)(1). Pub. L. 103-322, Sec. 330002(b), substituted
    "banks" for "Banks".
      1990 - Subsec. (a). Pub. L. 101-280, Sec. 5(e)(2), made technical
    correction to directory language of Pub. L. 101-194, Sec.
    405(1)(C). See 1989 Amendment note below.
      Subsec. (b)(2). Pub. L. 101-280, Sec. 5(e)(1)(A), substituted
    "subsection (a)" for "paragraph (1)".
      Subsec. (b)(3). Pub. L. 101-280, Sec. 5(e)(1)(B), struck out
    "section 107 of" after "individual pursuant to".
      Subsec. (d)(1). Pub. L. 101-280, Sec. 5(e)(1)(C), amended par.
    (1) generally. Prior to amendment, par. (1) read as follows: "A
    copy of any determination by other than the Director of the Office
    of Government Ethics granting an exemption pursuant to subsection
    (b)(1) or (b)(3) shall be submitted to the Director, who shall make
    all determinations available to the public pursuant to section 105
    of the Ethics in Government Act of 1978. For determinations
    pursuant to subsection (b)(3), the information from the financial
    disclosure report of the officer or employee involved describing
    the asset or assets that necessitated the waiver shall also be made
    available to the public. This subsection shall not apply, however,
    if the head of the agency or his or her designee determines that
    the determination under subsection (b)(1) or (b)(3), as the case
    may be, involves classified information."
      1989 - Subsec. (a). Pub. L. 101-194, Sec. 405(1), as amended by
    Pub. L. 101-280, Sec. 5(e)(2), inserted "or" after "United States
    Government," and "an officer or employee" before "of the District
    of Columbia", substituted "general partner" for "partner" in two
    places, and substituted "Shall be subject to the penalties set
    forth in section 216 of this title" for "Shall be fined not more
    than $10,000, or imprisoned not more than two years, or both".
      Subsec. (b). Pub. L. 101-194, Sec. 405(2), added subsec. (b) and
    struck out former subsec. (b), which read as follows: "Subsection
    (a) hereof shall not apply (1) if the officer or employee first
    advises the Government official responsible for appointment to his
    position of the nature and circumstances of the judicial or other
    proceeding, application, request for a ruling or other
    determination, contract, claim, controversy, charge, accusation,
    arrest, or other particular matter and makes full disclosure of the
    financial interest and receives in advance a written determination
    made by such official that the interest is not so substantial as to
    be deemed likely to affect the integrity of the services which the
    Government may expect from such officer or employee, or (2) if, by
    general rule or regulation published in the Federal Register, the
    financial interest has been exempted from the requirements of
    clause (1) hereof as being too remote or too inconsequential to
    affect the integrity of Government officers' or employees'
    services. In the case of class A and B directors of Federal Reserve
    banks, the Board of Governors of the Federal Reserve System shall
    be the Government official responsible for appointment."
      Subsecs. (c), (d). Pub. L. 101-194, Sec. 405(2), added subsecs.
    (c) and (d).
      1977 - Subsec. (a). Pub. L. 95-188, Sec. 205(a), extended
    conflicts of interest prohibition to a Federal Reserve bank
    director, officer, or employee.
      Subsec. (b). Pub. L. 95-188, Sec. 205(b), inserted at end "In the
    case of class A and B directors of Federal Reserve banks, the Board
    of Governors of the Federal Reserve System shall be the Government
    official responsible for appointment."
                              EFFECTIVE DATE
      Section effective 90 days after Oct. 23, 1962, see section 4 of
    Pub. L. 87-849, set out as a note under section 201 of this title.
                                EXEMPTIONS
      Exemptions from former section 434 of this title deemed to be
    exemptions from this section, see section 2 of Pub. L. 87-849, set
    out as a note under section 203 of this title.
                                REGULATIONS
      Responsibility of Office of Government Ethics for promulgating
    regulations and interpreting this section, see section 201(c) of
    Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended, set
    out as a note under section 7301 of Title 5, Government
    Organization and Employees.

DELEGATION OF AUTHORITY

      Authority of the President under subsec. (b) of this section to
    grant exemptions or approvals to individuals delegated to agency
    heads, see section 401 of Ex. Ord. No. 12674, Apr. 12, 1989, 54
    F.R. 15159, as amended, set out as a note under section 7301 of
    Title 5, Government Organization and Employees.
      Authority of the President under subsec. (b) of this section to
    grant exemptions or approvals for Presidential appointees to
    committees, commissions, boards, or similar groups established by
    the President, and for individuals appointed pursuant to sections
    105 and 107(a) of Title 3, The President, delegated to Counsel to
    the President, see section 402 of Ex. Ord. No. 12674, Apr. 12,
    1989, 54 F.R. 15159, as amended, set out as a note under section
    7301 of Title 5.

MISCELLANEOUS

                        "PARTICULAR MATTER" DEFINED
      Pub. L. 100-446, title III, Sec. 319, Sept. 27, 1988, 102 Stat.
    1826, which provided that notwithstanding any other provision of
    law, for the purposes of this section "particular matter", as
    applied to employees of the Department of the Interior and the
    Indian Health Service, means "particular matter involving specific
    parties", was repealed by Pub. L. 101-194, title V, Sec. 505(b),
    Nov. 30, 1989, 103 Stat. 1756, as amended by Pub. L. 101-280, Sec.
    6(c), May 4, 1990, 104 Stat. 160.
      Similar provisions were contained in Pub. L. 100-202, Sec. 101(g)
    [title III, Sec. 318], Dec. 22, 1987, 101 Stat. 1329-213, 1329-255.
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