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5 U.S.C. § 13109 — Confidential reports and other additional requirements

submitted 4 years ago by Pub. L. 117-286 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 371 words · no verdicts yet

in plain englishAI-generated · not legal advice

Ethics offices may require certain officers and employees to file confidential financial reports on top of, or instead of, public ones, and those confidential reports must stay private. This subchapter's reporting rules override other general laws about conflict-of-interest reporting, but nothing here lets anyone do something otherwise illegal.

(a) In general:
(1) Authority to require confidential financial disclosure reports: Each supervising ethics office may require officers and employees under its authority — including special government employees under 18 U.S.C. § 202 — to file confidential financial disclosure reports, in whatever form the ethics office sets. What information gets reported must be set out in rules or regulations, and can be either less detailed than the normal public report requires, or more detailed if the ethics office decides that is necessary given 18 U.S.C. §§ 202–209, their regulations, or the officer's or employee's authorized activities. Anyone who already has to file a public report under section 13103 does not also have to file a confidential report under this subsection, except for information more detailed than what the public report requires. Sections 13107(a), (b), and (d) do not apply to a confidential report.
(2) Confidentiality: Information required under this subsection is confidential and must not be disclosed to the public.
(3) No exemption from other reporting requirements: Nothing in this subsection excuses anyone otherwise required to file a public financial disclosure report under this subchapter from doing so.

(b) Preemption: This subchapter's reporting rules override any other general law or regulation requiring reporting for the purpose of preventing conflicts of interest or apparent conflicts of interest. But this subchapter does not override the requirements of section 7342.

(c) No authorization for activity otherwise prohibited: Nothing in this chapter's reporting requirements should be read as allowing someone to receive income, gifts, or reimbursements; hold assets, liabilities, or positions; or take part in transactions that are otherwise banned by law, executive order, rule, or regulation.

the actual law source: uscode.house.gov ↗public domain
(a)In General.—
(1)Authority to require confidential financial disclosure reports.—

Each supervising ethics office may require officers and employees under its jurisdiction (including special Government employees as defined in section 202 of title 18) to file confidential financial disclosure reports, in such form as the supervising ethics office may prescribe. The information required to be reported under this subsection by the officers and employees of any department or agency shall be set forth in rules or regulations prescribed by the supervising ethics office, and may be less extensive than otherwise required by this subchapter, or more extensive when determined by the supervising ethics office to be necessary and appropriate in light of sections 202 through 209 of title 18, regulations promulgated under those sections, or the authorized activities of such officers or employees. Any individual required to file a report pursuant to section 13103 of this title shall not be required to file a confidential report pursuant to this subsection, except with respect to information which is more extensive than information otherwise required by this subchapter. Subsections (a), (b), and (d) of section 13107 of this title shall not apply with respect to any such report.

(2)Confidentiality.—

Any information required to be provided by an individual under this subsection shall be confidential and shall not be disclosed to the public.

(3)No exemption from other reporting requirements.—

Nothing in this subsection exempts any individual otherwise covered by the requirement to file a public financial disclosure report under this subchapter from such requirement.

(b)Preemption.—

The provisions of this subchapter requiring the reporting of information shall supersede any general requirement under any other provision of law or regulation with respect to the reporting of information required for purposes of preventing conflicts of interest or apparent conflicts of interest. Such provisions of this subchapter shall not supersede the requirements of section 7342 of this title.

(c)No Authorization for Activity Otherwise Prohibited.—

Nothing in this chapter requiring reporting of information shall be deemed to authorize the receipt of income, gifts, or reimbursements; the holding of assets, liabilities, or positions; or the participation in transactions that are prohibited by law, Executive order, rule, or regulation.

Source credit: (Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4294.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-286 · 136 Stat. 4294

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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