5 U.S.C. § 13105 — Filing of reports
submitted 4 years ago by Pub. L. 117-286 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 1,792 words · no verdicts yet
This section says where each kind of official files a financial disclosure report. Most executive branch employees file with their agency's ethics official. The President and Vice President file with the Office of Government Ethics. Members of Congress file with the Clerk of the House or the Secretary of the Senate. It also requires periodic reports on stock and property trades within 30 to 45 days.
(a) Reports Filed With Designated Agency Ethics Official* — Unless another part of this section says otherwise, a filer submits reports to the designated agency ethics official at the agency where the filer works (or worked, or will serve). That official must mark the date each report — and each supplemental report — is received.
(b) Reports Filed With Director of Office of Government Ethics — The President, the Vice President, and independent counsel and their appointees under chapter 40 of title 28, file with the Director of the Office of Government Ethics.
(c) Copies of Reports Transmitted to the Office of Government Ethics — Copies of reports filed by the Postmaster General, the Deputy Postmaster General, Postal Service Governors, designated agency ethics officials, certain top White House staff (listed by cross-reference to title 3), Presidential and Vice-Presidential candidates, and officers, employees, and nominees needing Senate or full-Congress confirmation — except judicial-officer nominees and those in subsection (f) — must go to the Director of the Office of Government Ethics. The Director sends each nominee's report to the Senate committee handling that nomination.
(d) Availability to Public — Reports filed with the Director of the Office of Government Ethics go into that Office and, right after filing, become available to the public under this subchapter.
(e) Reports Filed With Federal Election Commission — A filer under section 13103(c) who is running for President or Vice President files with the Federal Election Commission.
(f) Reports Filed With Secretary Concerned — Uniformed-service members file with the Secretary concerned.
(g) Forms for Reporting — Each supervising ethics office must create and provide forms for this subchapter's required information.
(h) Reports Filed by Certain Government Officials — (1) Officials with whom reports are filed: (A) Reports by members and staff of Congress: (i) In general: (I) House filers — Representatives, Delegates, the Resident Commissioner from Puerto Rico, congressional employees paid by the House's Chief Administrative Officer, and employees of the Architect of the Capitol, Capitol Police, Botanic Garden, Congressional Budget Office, Government Publishing Office, Library of Congress, or Copyright Royalty Tribunal (including those leaving such jobs), plus House candidates — file with the Clerk of the House. (II) Senate filers — Senators, congressional employees paid by the Secretary of the Senate, and employees of the Government Accountability Office, Office of Technology Assessment, or Office of the Attending Physician (including those leaving such jobs), plus Senate candidates — file with the Secretary of the Senate. (ii) Other reports: an employee of a legislative agency or commission created after November 30, 1989, files as that agency's founding statute names — the Secretary of the Senate or Clerk of the House — or, if the statute doesn't say, with the Secretary of the Senate for agencies created in even years and the Clerk of the House for agencies created in odd years. (B) Judicial filers — judicial officers and employees under section 13103(f)(11) and (12) file with the Judicial Conference* (including those leaving or about to leave such a job). (2) The date a report (or supplemental report) arrives must be noted by whichever committee or office receives it.
(i) Copies of Reports to State Officers — (1) In general: within 30 days of a Member's or Member-candidate's report being filed, the Clerk of the House or Secretary of the Senate must send a copy to the proper state officer under the Federal Election Campaign Act of 1971, for the state the Member represents or is running in. (2) Exception: this doesn't apply to a report that is filed electronically and publicly viewable online, under the systems the Senate and House set up under the STOCK Act.
(j) Copies of Reports to Ethics Committees — (1) House: within 7 days of a report being filed with the Clerk, the Clerk must send a copy to the House Committee on Ethics. (2) Senate: within 7 days of a report being filed with the Secretary of the Senate, the Secretary must send a copy to the Senate Select Committee on Ethics.
(k) Assistance of Federal Election Commission — The Clerk of the House and Secretary of the Senate must use the Federal Election Commission's help for candidate-related duties under this subchapter. The Commission must regularly give them a full list of registered candidates' names and addresses, and must coordinate its candidate information and notification work with them as closely as possible.
(l) Periodic Transaction Reports — Within 30 days of learning about a reportable securities transaction under section 13104(a)(5)(B) — and no later than 45 days after the transaction itself — certain filers under section 13103 (subject to any waivers or exclusions) must report that transaction. These filers are the same list as section 13103(f)(1) through (10): the President; the Vice President; senior executive branch* officers and employees and senior uniformed-service members; employees appointed under section 3105; confidential or policymaking executive employees; senior Postal Service and Postal Regulatory Commission officials; the Director of the Office of Government Ethics and designated agency ethics officials; senior White House civilian staff holding a Presidential commission; Members of Congress; and officers or employees of Congress.
Except as otherwise provided in this section, the reports required under this subchapter shall be filed by the reporting individual with the designated agency ethics official at the agency by which the reporting individual is employed (or in the case of an individual described in section 13103(e) of this title, was employed) or in which the individual will serve. The date any report is received (and the date of receipt of any supplemental report) shall be noted on such report by the designated agency ethics official.
The President, the Vice President, and independent counsel and persons appointed by independent counsel under chapter 40 of title 28, shall file reports required under this subchapter with the Director of the Office of Government Ethics.
Copies of the reports required to be filed under this subchapter by the Postmaster General, the Deputy Postmaster General, the Governors of the Board of Governors of the United States Postal Service, designated agency ethics officials, employees described in section 105(a)(2)(A) or (B), 106(a)(1)(A) or (B), or 107(a)(1)(A) or (b)(1)(A)(i) of title 3, candidates for the office of President or Vice President and officers and employees in (and nominees to) offices or positions which require confirmation by the Senate or by both Houses of Congress other than individuals nominated to be judicial officers and those referred to in subsection (f) shall be transmitted to the Director of the Office of Government Ethics. The Director shall forward a copy of the report of each nominee to the congressional committee considering the nomination.
Reports required to be filed under this subchapter by the Director of the Office of Government Ethics shall be filed in the Office of Government Ethics and, immediately after being filed, shall be made available to the public in accordance with this subchapter.
Each individual identified in section 13103(c) of this title who is a candidate for nomination or election to the Office of President or Vice President shall file the reports required by this subchapter with the Federal Election Commission.
Reports required of members of the uniformed services shall be filed with the Secretary concerned.
Each supervising ethics office shall develop and make available forms for reporting the information required by this subchapter.
The reports required under this subchapter shall be filed by a reporting individual with the Clerk of the House of Representatives, in the case of a Representative in Congress, a Delegate to Congress, the Resident Commissioner from Puerto Rico, an officer or employee of the Congress whose compensation is disbursed by the Chief Administrative Officer of the House of Representatives, an officer or employee of the Architect of the Capitol, the United States Capitol Police, the United States Botanic Garden, the Congressional Budget Office, the Government Publishing Office, the Library of Congress, or the Copyright Royalty Tribunal (including any individual terminating service, under section 13103(e) of this title, in any office or position referred to in this subclause), or an individual described in section 13103(c) of this title who is a candidate for nomination or election as a Representative in Congress, a Delegate to Congress, or the Resident Commissioner from Puerto Rico.
The reports required under this subchapter shall be filed by a reporting individual with the Secretary of the Senate, in the case of a Senator, an officer or employee of the Congress whose compensation is disbursed by the Secretary of the Senate, an officer or employee of the Government Accountability Office, the Office of Technology Assessment, or the Office of the Attending Physician (including any individual terminating service, under section 13103(e) of this title, in any office or position referred to in this subclause), or an individual described in section 13103(c) of this title who is a candidate for nomination or election as a Senator.
In the case of an officer or employee of the Congress as described under section 13103(f)(10) of this title who is employed by an agency or commission established in the legislative branch* after November 30, 1989, the reports required under this subchapter shall be filed by a reporting individual with—
the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, as designated in the statute establishing such agency or commission; or
if such statute does not designate such committee, the Secretary of the Senate for agencies and commissions established in even numbered calendar years, and the Clerk of the House of Representatives for agencies and commissions established in odd numbered calendar years.
The reports required under this subchapter shall be filed by a reporting individual with the Judicial Conference with regard to a judicial officer* or employee described under paragraphs (11) and (12) of section 13103(f) of this title (including individuals terminating service in such office or position under section 13103(e) of this title or immediately preceding service in such office or position).
The date any report is received (and the date of receipt of any supplemental report) shall be noted on such report by such committee.
A copy of each report filed under this subchapter by a Member or an individual who is a candidate for the office of Member shall be sent by the Clerk of the House of Representatives or Secretary of the Senate, as the case may be, to the appropriate State officer designated under section 312(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30113(a)) of the State represented by the Member or in which the individual is a candidate, as the case may be, within the 30-day period beginning on the day the report is filed with the Clerk or Secretary.
The requirements of paragraph (1) do not apply to any report filed under this subchapter which is filed electronically and for which there is online public access, in accordance with the systems developed by the Secretary and Sergeant at Arms of the Senate and the Clerk of the House of Representatives under section 8(b) of the STOCK Act.
A copy of each report filed under this subchapter with the Clerk of the House of Representatives shall be sent by the Clerk to the Committee on Ethics of the House of Representatives within the 7-day period beginning on the day the report is filed.
A copy of each report filed under this subchapter with the Secretary of the Senate shall be sent by the Secretary to the Select Committee on Ethics of the Senate within the 7-day period beginning on the day the report is filed.
In carrying out their responsibilities under this subchapter with respect to candidates for office, the Clerk of the House of Representatives and the Secretary of the Senate shall avail themselves of the assistance of the Federal Election Commission. The Commission shall make available to the Clerk and the Secretary on a regular basis a complete list of names and addresses of all candidates registered with the Commission, and shall cooperate and coordinate its candidate information and notification program with the Clerk and the Secretary to the greatest extent possible.
Not later than 30 days after receiving notification of any transaction required to be reported under section 13104(a)(5)(B 1 of this title, but in no case later than 45 days after such transaction, the following persons, if required to file a report under any subsection of section 13103 of this title, subject to any waivers and exclusions, shall file a report of the transaction:
The President.
The Vice President.
Each officer or employee in the executive branch*, including a special Government employee as defined in section 202 of title 18, who occupies a position classified above GS–15 of the General Schedule or, in the case of positions not under the General Schedule, for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; each member of a uniformed service whose pay grade is at or in excess of O–7 under section 201 of title 37; and each officer or employee in any other position determined by the Director of the Office of Government Ethics to be of equal classification.
Each employee appointed pursuant to section 3105 of this title.
Any employee not described in paragraph (3) who is in a position in the executive branch which is excepted from the competitive service by reason of being of a confidential or policymaking character, except that the Director of the Office of Government Ethics may, by regulation, exclude from the application of this paragraph any individual, or group of individuals, who are in such positions, but only in cases in which the Director determines such exclusion would not affect adversely the integrity of the Government or the public’s confidence in the integrity of the Government.
The Postmaster General, the Deputy Postmaster General, each Governor of the Board of Governors of the United States Postal Service and each officer or employee of the United States Postal Service or Postal Regulatory Commission who occupies a position for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule.
The Director of the Office of Government Ethics and each designated agency ethics official.
Any civilian employee not described in paragraph (3), employed in the Executive Office of the President (other than a special Government employee as defined in section 202 of title 18) who holds a commission of appointment from the President.
A Member of Congress*, as defined under section 13101 of this title.
An officer or employee of the Congress, as defined under section 13101 of this title.
Source credit: (Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4285.)
- 2022Enacted · Pub. L. 117-286 · 136 Stat. 4285
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-286 on 2022-12-27.
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