5 U.S.C. § 13107 — Custody of and public access to reports
submitted 4 years ago by Pub. L. 117-286 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 1,337 words · no verdicts yet
Agencies and ethics offices must generally let the public inspect financial disclosure reports, with narrow exceptions for intelligence personnel and certain independent-counsel filings. Anyone requesting a copy must state who they are and confirm they know the rules on using it. Reports must be kept for years, and using them for things like commercial gain, credit checks, or fundraising is against the law.
(a) Availability of reports to the public: Each agency, each executive- or judicial-branch supervising ethics office, the Clerk of the House, and the Secretary of the Senate must make reports filed under this subchapter available to the public, following the rules in subsection (b). Two exceptions:
(1) This section does not force public disclosure of a report filed by someone in the Office of the Director of National Intelligence, CIA, Defense Intelligence Agency, National Geospatial-Intelligence Agency, or National Security Agency, or anyone doing intelligence work at any federal agency, if the President finds that revealing that person's identity or other sensitive information through the report would hurt the national interest. Those individuals may be allowed to file extra reports to protect their identity, if the President first finds that necessary in the national interest.
(2) A report filed by an independent counsel whose identity the court division has kept confidential under chapter 40 of title 28, or by anyone that independent counsel appointed, does not have to be made public.
(b) Inspection of reports:
(1) In general: Except as described below, each agency, ethics office, the Clerk, or the Secretary of the Senate must, within 30 days of receiving a report, let anyone who asks inspect it or get a copy. A report due by May 15 must be available for public inspection within 30 days of May 15, or within 30 days of when it is actually filed if the filer got an extension under section 13103(g). A reasonable fee may be charged to cover copying or mailing costs (not staff salaries), and that fee can be waived or reduced when doing so serves the public interest.
(2) Procedure for requesting reports: Despite paragraph (1), nobody gets a report or a copy unless they submit a written application stating (A) their name, occupation, and address; (B) the name and address of anyone else on whose behalf they are asking; and (C) that they know about the rules on how the report can and cannot be used. That application itself must stay available to the public for as long as the report is available.
(3) Judicial employees and officers:
(A) In general: Reports filed by certain judicial officials (described in section 13101(9) or (10)) do not have to be immediately and automatically available if the Judicial Conference*, working with the U.S. Marshals Service, finds that revealing personal, sensitive information could endanger that person or a family member.
(B) Redaction: A report can only be redacted under this rule (i) to the extent needed to protect the filer or a family member, and (ii) for as long as the danger actually exists.
(C) Redaction report: The Administrative Office of the U.S. Courts must send Congress an annual report on how this redaction power is being used, covering: (i) the total number of reports redacted; (ii) the total number of people whose reports were redacted; (iii) the kinds of threats involved, where appropriate; (iv) what kind of information got redacted; (v) what steps exist to make sure people involved in a case can still find out about conflicts of interest; (vi) the principles guiding redaction decisions; and (vii) any public complaints received about redactions.
(D) Regulations: The Judicial Conference, working with the Department of Justice, must issue rules on when redaction is appropriate and how it works.
(E) Expiration: This paragraph (3) expires December 31, 2027, and applies to filings through calendar year 2027.
(c) Prohibited uses of reports:
(1) In general: Nobody may get or use a report (A) for any unlawful purpose; (B) for any commercial purpose, except that news and media organizations may use it to inform the public; (C) to determine or set someone's credit rating; or (D) to help solicit money for political, charitable, or other purposes.
(2) Civil actions: The Attorney General may sue anyone who gets or uses a report for a purpose banned in paragraph (1). A court may fine that person up to $10,000, on top of any other remedy available under statute or common law.
(d) Retention of reports:
(1) In general: Each agency, ethics office, the Clerk, or the Secretary of the Senate must keep any report filed with it under this subchapter.
(2) Public availability: The report must stay available to the public (A) for a Member of Congress*, until 6 years after that person stops being a Member; and (B) for everyone else, for 6 years after the report is received.
(3) Destruction of reports: After that time period, the report must be destroyed unless it is needed for an ongoing investigation. Exception: if someone filed a report because they were nominated (under section 13103(b)) but the Senate never confirmed them, or because they were a candidate (under section 13103(c)) but never got elected, their report must be destroyed 1 year after they stop being considered by the Senate or stop being a candidate — unless it is needed for an ongoing investigation or inquiry.
Each agency, each supervising ethics office in the executive or judicial branch, the Clerk of the House of Representatives, and the Secretary of the Senate shall make available to the public, in accordance with subsection (b), each report filed under this subchapter with such agency or office or with the Clerk or the Secretary of the Senate, except that—
this section does not require public availability of a report filed by any individual in the Office of the Director of National Intelligence, the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, or the National Security Agency, or any individual engaged in intelligence activities in any agency of the United States, if the President finds or has found that, due to the nature of the office or position occupied by such individual, public disclosure of such report would, by revealing the identity of the individual or other sensitive information, compromise the national interest of the United States; and such individuals may be authorized, notwithstanding section 13106(a) of this title, to file such additional reports as are necessary to protect their identity from public disclosure if the President first finds or has found that such filing is necessary in the national interest; and
any report filed by an independent counsel whose identity has not been disclosed by the division of the court under chapter 40 of title 28, and any report filed by any person appointed by that independent counsel under such chapter, shall not be made available to the public under this subchapter.
Except as provided in the second sentence of this subsection, each agency, each supervising ethics office in the executive or judicial branch, the Clerk of the House of Representatives, and the Secretary of the Senate shall, within 30 days after any report is received under this subchapter by such agency or office or by the Clerk or the Secretary of the Senate, as the case may be, permit inspection of such report by or furnish a copy of such report to any person requesting such inspection or copy. With respect to any report required to be filed by May 15 of any year, such report shall be made available for public inspection within 30 calendar days after May 15 of such year or within 30 days of the date of filing of such a report for which an extension is granted pursuant to section 13103(g) of this title. The agency, office, Clerk, or Secretary of the Senate, as the case may be, may require a reasonable fee to be paid in any amount which is found necessary to recover the cost of reproduction or mailing of such report excluding any salary of any employee involved in such reproduction or mailing. A copy of such report may be furnished without charge or at a reduced charge if it is determined that waiver or reduction of the fee is in the public interest.
Notwithstanding paragraph (1), a report may not be made available under this section to any person nor may any copy of the report be provided under this section to any person except upon a written application by such person stating—
that person’s name, occupation, and address;
the name and address of any other person or organization on whose behalf the inspection or copy is requested; and
that such person is aware of the prohibitions on the obtaining or use of the report.
Any such application shall be made available to the public throughout the period during which the report is made available to the public.
This section does not require the immediate and unconditional availability of reports filed by an individual described in paragraph (9) or (10) of section 13101 of this title if a finding is made by the Judicial Conference*, in consultation with the United States Marshals Service, that revealing personal and sensitive information could endanger that individual or a family member of that individual.
A report may be redacted pursuant to this paragraph only—
to the extent necessary to protect the individual who filed the report or a family member of that individual; and
for as long as the danger to such individual exists.
The Administrative Office of the United States Courts shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate and the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Oversight and Reform an annual report with respect to the operation of this paragraph including—
the total number of reports redacted pursuant to this paragraph;
the total number of individuals whose reports have been redacted pursuant to this paragraph;
the types of threats against individuals whose reports are redacted, if appropriate;
the nature or type of information redacted;
what steps or procedures are in place to ensure that sufficient information is available to litigants to determine if there is a conflict of interest;
principles used to guide implementation of redaction authority; and
any public complaints received relating to redaction.
The Judicial Conference, in consultation with the Department of Justice, shall issue regulations setting forth the circumstances under which redaction is appropriate under this paragraph and the procedures for redaction.
This paragraph shall expire on December 31, 2027, and apply to filings through calendar year 2027.
It shall be unlawful for any person to obtain or use a report—
for any unlawful purpose;
for any commercial purpose, other than by news and communications media for dissemination to the general public;
for determining or establishing the credit rating of any individual; or
for use, directly or indirectly, in the solicitation of money for any political, charitable, or other purpose.
The Attorney General may bring a civil action against any person who obtains or uses a report for any purpose prohibited in paragraph (1) of this subsection. The court in which such action is brought may assess against such person a penalty in any amount not to exceed $10,000. Such remedy shall be in addition to any other remedy available under statutory or common law.
Any report filed with or transmitted to an agency or supervising ethics office or to the Clerk of the House of Representatives or the Secretary of the Senate pursuant to this subchapter shall be retained by such agency or office or by the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be.
Such report shall be made available to the public—
in the case of a Member of Congress*, until a date that is 6 years from the date the individual ceases to be a Member of Congress; and
in the case of all other reports filed pursuant to this subchapter, for a period of 6 years after receipt of the report.
After the relevant time period identified under paragraph (2), the report shall be destroyed unless needed in an ongoing investigation, except that in the case of an individual who filed the report pursuant to section 13103(b) of this title and was not subsequently confirmed by the Senate, or who filed the report pursuant to section 13103(c) of this title and was not subsequently elected, such reports shall be destroyed 1 year after the individual either is no longer under consideration by the Senate or is no longer a candidate for nomination or election to the Office of President, Vice President, or as a Member of Congress, unless needed in an ongoing investigation or inquiry.
Source credit: (Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4289.)
- 2022Enacted · Pub. L. 117-286 · 136 Stat. 4289
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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