40 U.S.C. § 15306 — Personal financial interests

Page 271 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 15307 ignees) present in-person or via electronic means. (c) ADDITIONAL MEETINGS.—Each Commission shall conduct additional meetings at such times as it determines and may conduct such meetings by electronic means. (Added Pub. L. 110–234, title XIV, § 14217(a)(2), May 22, 2008, 122 Stat. 1473, and Pub. L. 110–246, § 4(a), title XIV, § 14217(a)(2), June 18, 2008, 122 Stat. 1664, 2235; amended Pub. L. 118–272, div. B, title II, § 2242(d), Jan. 4, 2025, 138 Stat. 3203.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2025—Subsec. (b). Pub. L. 118–272 substituted ‘‘with— ’’ and pars. (1) and (2) for ‘‘with the Federal Cochair- person and at least a majority of the State members present.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title. § 15306. Personal financial interests (a) CONFLICTS OF INTEREST.— (1) NO ROLE ALLOWED.—Except as permitted by paragraph (2), an individual who is a State member or alternate, or an officer or employee of a Commission, shall not participate person- ally and substantially as a member, alternate, officer, or employee of the Commission, through decision, approval, disapproval, rec- ommendation, request for a ruling, or other determination, contract, claim, controversy, or other matter in which, to the individual’s knowledge, any of the following has a finan- cial interest: (A) The individual. (B) The individual’s spouse, minor child, or partner. (C) An organization (except a State or po- litical subdivision of a State) in which the individual is serving as an officer, director, trustee, partner, or employee. (D) Any person or organization with whom the individual is negotiating or has any ar- rangement concerning prospective employ- ment. (2) EXCEPTION.—Paragraph (1) shall not apply if the individual, in advance of the pro- ceeding, application, request for a ruling or other determination, contract, claim con- troversy, or other particular matter pre- senting a potential conflict of interest— (A) advises the Commission of the nature and circumstances of the matter presenting the conflict of interest; (B) makes full disclosure of the financial interest; and (C) receives a written decision of the Com- mission that the interest is not so substan- tial as to be considered likely to affect the integrity of the services that the Commis- sion may expect from the individual. (3) VIOLATION.—An individual violating this subsection shall be fined under title 18, impris- oned for not more than 1 year, or both. (b) STATE MEMBER OR ALTERNATE.—A State member or alternate member may not receive any salary, or any contribution to, or sup- plementation of, salary, for services on a Com- mission from a source other than the State of the member or alternate. (c) DETAILED EMPLOYEES.— (1) IN GENERAL.—No person detailed to serve a Commission shall receive any salary, or any contribution to, or supplementation of, salary, for services provided to the Commission from any source other than the State, local, or intergovernmental department or agency from which the person was detailed to the Commis- sion. (2) VIOLATION.—Any person that violates this subsection shall be fined under title 18, impris- oned not more than 1 year, or both. (d) FEDERAL COCHAIRMAN, ALTERNATE TO FED- ERAL COCHAIRMAN, AND FEDERAL OFFICERS AND EMPLOYEES.—The Federal Cochairman, the al- ternate to the Federal Cochairman, and any Federal officer or employee detailed to duty with the Commission are not subject to this sec- tion but remain subject to sections 202 through 209 of title 18. (e) RESCISSION.—A Commission may declare void any contract, loan, or grant of or by the Commission in relation to which the Commis- sion determines that there has been a violation of any provision under subsection (a)(1), (b), or (c), or any of the provisions of sections 202 through 209 of title 18. (Added Pub. L. 110–234, title XIV, § 14217(a)(2), May 22, 2008, 122 Stat. 1473, and Pub. L. 110–246, § 4(a), title XIV, § 14217(a)(2), June 18, 2008, 122 Stat. 1664, 2235.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title. § 15307. Tribal participation Governments of Indian tribes in the region of the Southwest Border Regional Commission shall be allowed to participate in matters before that Commission in the same manner and to the same extent as State agencies and instrumental- ities in the region.