Page:United States Statutes at Large Volume 103 Part 3.djvu/507

 CONCURRENT RESOLUTIONS—NOV. 19, 1989 103 STAT. 2575 "SEC. 405. AMENDMENTS TO SECTION 208 OF TITLE 18, UNITED STATES CODE.". (28) In section 405(2) of the bill, strike out "(2) in subsection (b)" and all that follows through the end of paragraph (4) of subsection (b) of section 208 of title 18, United States Code, as contained in section 405(2) of the bill, and insert in lieu thereof the following: (2) by striking subsection (b) and inserting the following: "(b) Subsection (a) shall not apply— "(1) if the officer or employee first advises the Government ofRcial 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, con- tract, 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 paragraph (1) 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 Ad- visory 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 section 107 of the Ethics in Government Act of 1978, certifies in writing that the need for the individual'services outweighs the poten- tial for a conflict of interest created by the financial interest involved; or "(4) 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 a 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 Indism 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 adminis- tered 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, Alaska Native village corporation as a specific party or parties. (29) In section 406, strike out the section heading and insert in lieu thereof the following:

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