§5816a. Financial statements of Department of Energy officers and employees

(a) Annual filing requirement

Each officer or employee of the Department of Energy who-

(1) performs any functions or duty under this Act or any other Act amended by this Act; and

(2) has any known financial interest-

(A) in any person engaged in the business, other than at the retail level, of developing, producing, refining, transporting by pipeline, or converting into synthetic fuel, minerals, wastes, or renewable resources, or in the generation of energy from such minerals, wastes, or renewable resources, or in conducting research, development, and demonstration with financial assistance under this Act or any other Act amended by this Act, or

(B) in property from which minerals are commercially produced,

shall, beginning on February 1, 1977, annually file with the Secretary of Energy a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statements shall be available to the public.

(b) Monitoring and enforcement; reports

The Secretary of Energy shall-

(1) act within ninety days after June 3, 1977-

(A) to define the term "known financial interest" for purposes of paragraph (2) of subsection (a) of this section; and

(B) to 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 Energy of such statements; and

(2) report annually to the Congress with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year.

(c) Exemption for occupants of nonpolicymaking positions

In the rules prescribed in subsection (b) of this section, the Secretary of Energy may identify specific positions within the Department which are of a nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section.

(d) Penalty

Any officer or employee who is subject to, and knowingly violates, this section or any regulation issued thereunder, shall be fined not more than $2,500 or imprisoned not more than one year, or both.

( Pub. L. 95–39, title III, §308, June 3, 1977, 91 Stat. 189 ; Pub. L. 96–470, title II, §203(d), Oct. 19, 1980, 94 Stat. 2243 .)

References in Text

This Act, referred to in subsec. (a)(1), (2)(A), means Pub. L. 95–39, June 3, 1977, 91 Stat. 180 , as amended, which to the extent classified to the Code enacted sections 5816a, 5817a, 5903c, 5907a, 5915a, 5918, and 7001 to 7011 of this title, amended sections 5813, 5818, and 5912 of this title, and enacted provisions set out as notes under sections 5906, 5907, 5914, and 7001 of this title. For complete classification of this Act to the Code, see Tables.

Codification

Section was not enacted as part of the Energy Reorganization Act of 1974 which comprises this chapter.

Amendments

1980-Subsec. (a). Pub. L. 96–470 substituted "Department of Energy" for "Energy Research and Development Administration" and "Secretary of Energy" for "Administrator".

Subsec. (b). Pub. L. 96–470 substituted in provision preceding par. (1) and in par. (1)(B) "Secretary of Energy" for "Administrator" and in par. (2) "report annually to the Congress" for "report to the Congress on June 1 of each calendar year".

Subsec. (c). Pub. L. 96–470 substituted "Secretary of Energy" for "Administrator" and "Department" for "Administration".