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48 U.S.C. § 2146 — Ethics

Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 2146 — Ethics

**(a) Conflict of interest** Notwithstanding any ethics provision governing employees of the covered territory, all members and staff of the Oversight Board shall be subject to the Federal conflict of interest requirements described in [section 208 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section208&num=0&edition=prelim). **(b) Financial disclosure** Notwithstanding any ethics provision governing employees of the covered territory, all members of the Oversight Board and staff designated by the Oversight Board shall be subject to disclosure of their financial interests, the contents of which shall conform to the same requirements set forth in [section 13104 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section13104&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_16a9bf0dfc14e980df8cb3bb
Source file: Laws/federal/codes/united-states-code/title-48/section-2146-ethics--246a84f60e.md
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Source location: Title 48, Chapter 20, § 2146; chapter-020-puerto-rico-oversight-management-and-economic-stability.md

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**(a) Conflict of interest** Notwithstanding any ethics provision governing employees of the covered territory, all members and staff of the Oversight Board shall be subject to the Federal conflict of interest requirements described in [section 208 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section208&num=0&edition=prelim). **(b) Financial disclosure** Notwithstanding any ethics provision governing employees of the covered territory, all members of the Oversight Board and staff designated by the Oversight Board shall be subject to disclosure of their financial interests, the contents of which shall conform to the same requirements set forth in [section 13104 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section13104&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 13104 — Contents of reports

**(a) Annual and Termination Reports.—** Each report filed pursuant to section 13103(d) and (e) of this title shall include a full and complete statement with respect to the following: (1) **Income.—** (A) *In general.—* — The source, type, and amount or value of income (other than income referred to in subparagraph (B)) from any source (other than from current employment by the United States Government), and the source, date, and amount of honoraria from any source, received during the preceding calendar year, aggregating $200 or more in value and, effective January 1, 1991, the source, date, and amount of payments made to charitable organizations in lieu of honoraria, and the reporting individual shall simultaneously file with the applicable supervising ethics office, on a confidential basis, a corresponding list of recipients of all such payments, together with the dates and amounts of such payments. (B) *Dividends, rents, interest, and capital gains.—* — The source and type of income which consists of dividends, rents, interest, and capital gains, received during the preceding calendar year which exceeds $200 in amount or value, and an indication of which of the following categories the amount or value of such item of income is within— (i) not more than $1,000; (ii) greater than $1,000 but not more than $2,500; (iii) greater than $2,500 but not more than $5,000; (iv) greater than $5,000 but not more than $15,000; (v) greater than $15,000 but not more than $50,000; (vi) greater than $50,000 but not more than $100,000; (vii) greater than $100,000 but not more than $1,000,000; (viii) greater than $1,000,000 but not more than $5,000,000; or (ix) greater than $5,000,000. (2) **Gifts and reimbursements.—** (A) *Gifts

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 208 — Acts affecting a personal financial interest

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section216&num=0&edition=prelim). **(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 se

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 2170 — Petition and proceedings relating to petition

**(a) Commencement of case** A voluntary case under this subchapter is commenced by the filing with the district court of a petition by the Oversight Board pursuant to the determination under [section 2146 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section2146&num=0&edition=prelim). **(b) Objection to petition** After any objection to the petition, the court, after notice and a hearing, may dismiss the petition if the petition does not meet the requirements of this subchapter; however, this subsection shall not apply in any case during the first 120 days after the date on which such case is commenced under this subchapter. **(c) Order for relief** The commencement of a case under this subchapter constitutes an order for relief. **(d) Appeal** The court may not, on account of an appeal from an order for relief, delay any proceeding under this subchapter in the case in which the appeal is being taken, nor shall any court order a stay of such proceeding pending such appeal. **(e) Validity of debt** The reversal on appeal of a finding of jurisdiction shall not affect the validity of any debt incurred that is authorized by the court under section 364(c) or 364(d) of title 11. **(f) Joint filing of petitions and plans permitted** The Oversight Board, on behalf of debtors under this subchapter, may file petitions or submit or modify plans of adjustment jointly if the debtors are affiliates; provided, however, that nothing in this subchapter shall be construed as authorizing substantive consolidation of the cases of affiliated debtors. **(g) Joint administration of affiliated cases** If the Oversight Board, on behalf of a debtor and one or more affiliates, has filed separate cases and the Oversight Board, on behalf of the debtor or

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 2146 — Oversight Board duties related to restruc-

Page 366 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 2145 (d) Implementation of Federal programs In taking actions under this chapter, the Over- sight Board shall not exercise applicable au- thorities to impede territorial actions taken to— (1) comply with a court-issued consent de- cree or injunction, or an administrative order or settlement with a Federal agency, with re- spect to Federal programs; (2) implement a federally authorized or fed- erally delegated program; (3) implement territorial laws, which are consistent with a certified Fiscal Plan, that execute Federal requirements and standards; or (4) preserve and maintain federally funded mass transportation assets. (Pub. L. 114–187, title II, § 204, June 30, 2016, 130 Stat. 570.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(5) and (d), was in the original ‘‘this Act’’, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables. This subtitle, referred to in subsec. (a)(6), probably should be a reference to ‘‘this title’’, meaning title II of Pub. L. 114–187, June 30, 2016, 130 Stat. 563, which is classified generally to this subchapter. Pub. L. 114–187 does not contain subtitles. § 2145. Recommendations on financial stability and management responsibility (a) In general The Oversight Board may at any time submit recommendations to the Governor or the Legis- lature on actions the territorial government may take to ensure compliance with the Fiscal Plan, or to otherwise promote the fina

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