Notes on 18 U.S.C. § 208 : US Code - Notes

Search Notes on 18 U.S.C. § 208 : US Code - Notes

(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.
"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.