PUBLIC LAW 101-194—NOV. 30, 1989 103 STAT. 1751 for any estate for which, he is serving as guardian, executor, administrator, trustee, or other personal fiduciary except— "(1) in those matters in which he has participated personally and substantially as a Government employee or special Govern- ment employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or "(2) in those matters which are the subject of his ofRcial responsibility, subject to approval by the Government official responsible for appointment to his position. (f) Nothing in subsection (a) or (b) prevents a special Government employee from acting as agent or attorney for another person in the peiformance of work under a grant by, or a contract with or for the benefit of, the United States if the head of the department or agency concerned with the grant or contract certifies in writing that the national interest so requires and publishes such certification in the Federal Register. "(g) Nothing in this section prevents an officer or employee from giving testimony under oath or from making statements required to be made under penalty for peijury or contempt. "(h) For the purpose of this section, the term 'covered matter' means any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, inves- tigation, charge, accusation, arrest, or other particular matter.". SEC. 405. AMENDMENTS TO SECTION 208 OF TITLE 18, UNITED STATES CODE. Section 208 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by inserting "or" after "United States Government,"; (B) by inserting "an officer or employee" before "of the District of Columbia"; (C) by striking "partner" and inserting "general part- ner"; and (D) by striking "Shall be fined not more than $10,000, or imprisoned not more than two years, or both." and insert- ing "Shall be subject to the pensdties set forth in section 216 of this title."; and (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 official responsible for appointment to his or her position of the nature ana circumstances of the judicial or other proceeding, application, request for a ruling or other determination, con- tract, claim, controversy, cheurge, accusation, arrest, or other particular matter and makes full disclosure of the financial mterest 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 int^rity 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 Roister, the financial interest has been exempted from the requirements of paragraph (1) as being too remote or too inconsequential to anect the int^rity of the services of the Grants. Contracts. Federal Register, publication.
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