Amendments Not Shown in Text
This section was derived from section 105 of the Ethics in Government Act of 1978, Pub. L. 95–521, which was set out in the former Appendix to this title, and as it existed as of Oct. 19, 2021. Section 105 of Pub. L. 95–521 was amended by Pub. L. 117–125, § 2(b), (c)(2), May 13, 2022, 136 Stat. 1205, 1206, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(c), 7, Dec. 27, 2022, 136 Stat. 4289, 4361. For applicability of those amendments to this section, see section 5(b) of Pub. L. 117–286, set out in a Transitional and Savings Provisions note preceding section 101 of this title. Section 105 of Pub. L. 95–521 was amended as follows:
(1) in subsection (a)(1), by striking “be revealing” and inserting “by revealing”;
(2) in subsection (b)—
(A) in paragraph (1), in the first sentence, by striking “be,,” and inserting “be,” and, in the third sentence, by striking “may be may” and inserting “may be, may”; and
(B) in paragraph (3)(A), by striking “described in section 109(8) or 109(10) of this Act” and inserting “who is a judicial officer or a judicial employee”; and
(3) by redesignating subsections (c) and (d) as (d) and (e), respectively, and by inserting after subsection (b) the following:
“(c) Online Publication of Financial Disclosure Reports of Federal Judges.—
“(1) Establishment of database.—Subject to paragraph (4), not later than 180 days after the date of enactment of the Courthouse Ethics and Transparency Act, the Administrative Office of the United States Courts shall establish a searchable internet database to enable public access to any report required to be filed under this title by a judicial officer, bankruptcy judge, or magistrate judge.
“(2) Availability.—Not later than 90 days after the date on which a report is required to be filed under this title by a judicial officer, bankruptcy judge, or magistrate judge, the Administrative Office of the United States Courts shall make the report available on the database established under paragraph (1) in a full-text searchable, sortable, and downloadable format for access by the public.
“(3) Redaction.—Any report made available on the database established under paragraph (1) shall not contain any information that is redacted in accordance with subsection (b)(3).
“(4) Additional time.—
“(A) In general.—Subject to subparagraph (B), the requirements of this subsection may be implemented after the date described in paragraph (1) if the Administrative Office of the United States Courts identifies in writing to the relevant committees of Congress the additional time needed for that implementation.
“(B) Publication requirement.—The Administrative Office of the United States Courts shall continue to make the reports described in paragraph (1) available to the public during the period in which the Administrative Office of the United States Courts establishes the database under this subsection.”
The substitutions directed to subsections (a)(1) and (b)(1) had already been made in the text of this section as restated by Pub. L. 117–286. The reference to “section 109(8) or 109(10) of this Act” in the quoted text directed to be stricken in subsection (b)(3)(A) did not appear in the text as enacted by Pub. L. 117–286 but was changed to refer to “paragraph (9) or (10) of section 13101 of this title”.
The date of enactment of the Courthouse Ethics and Transparency Act, referred to in subsection (c)(1) as set out above, is the date of enactment of Pub. L. 117–125, which was approved May 13, 2022.
Historical and Revision Notes
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13107
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5 U.S.C. App.
(EGA § 105)
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Pub. L. 95–521, title I, § 105, Oct. 26, 1978, 92 Stat. 1833; Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1737; Pub. L. 101–280, § 3(6), May 4, 1990, 104 Stat. 154; Pub. L. 102–90, title III, § 313(2), Aug. 14, 1991, 105 Stat. 469; Pub. L. 103–359, title V, § 501(m), Oct. 14, 1994, 108 Stat. 3430; Pub. L. 104–201, div. A, title XI, § 1122(b)(2), Sept. 23, 1996, 110 Stat. 2687; Pub. L. 105–318, § 7, Oct. 30, 1998, 112 Stat. 3011; Pub. L. 107–126, Jan. 16, 2002, 115 Stat. 2404; Pub. L. 108–458, title I, § 1079(c), Dec. 17, 2004, 118 Stat. 3696; Pub. L. 110–24, §§ 2, 3, May 3, 2007, 121 Stat. 100; Pub. L. 110–177, title I, § 104, Jan. 7, 2008, 121 Stat. 2535; Pub. L. 110–417, [div. A], title IX, § 931(b)(1), Oct. 14, 2008, 122 Stat. 4575; Pub. L. 112–84, § 1, Jan. 3, 2012, 125 Stat. 1870; Pub. L. 112–105, § 8(c), Apr. 4, 2012, 126 Stat. 296; Pub. L. 115–141, div. M, title VI, § 601, Mar. 23, 2018, 132 Stat. 1051.
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In subsection (a)(1), the word “by” is substituted for “be” to correct an error in the law. The change appears in the phrase “public disclosure of such report would, by [be] revealing the identity of the individual or other sensitive information, compromise the national interest of the United States”.
In subsection (b)(3)(C) (matter before clause (i)), the words “Committee on Oversight and Reform” are substituted for “Committee on Oversight and Government Reform” on authority of Rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (116th Congress, January 9, 2019).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Public, Online Disclosure of Financial Disclosure Forms
Pub. L. 113–7, § 1(a)(1), (2), Apr. 15, 2013, 127 Stat. 438, provided that:
“(1) In general.—
Except with respect to financial disclosure forms filed by officers and employees referred to in paragraph (2), section 8(a) and section 11(a) of the STOCK Act [
Pub. L. 112–105] (
5 U.S.C. App. 105 note[s]) [now
5 U.S.C. 13107 notes, set out below] shall not be effective.
“(2) Exempted officers and employees.—The officer and employees referred to in paragraph (1) are the following:
“(C)
Any Member of Congress.
“(D)
Any candidate for Congress.
“(E)
Any officer occupying a position listed in section 5312 or
section 5313 of title 5, United States Code, having been nominated by the President and confirmed by the
Senate to that position.”
Public Filing and Disclosure of Financial Disclosure Forms of Members of Congress and Congressional Staff
Pub. L. 112–105, § 8(a), (b), Apr. 4, 2012, 126 Stat. 295, as amended by Pub. L. 112–173, § 1(1), Aug. 16, 2012, 126 Stat. 1310; Pub. L. 113–7, § 1(b)(1), Apr. 15, 2013, 127 Stat. 438; Pub. L. 117–286, § 4(c)(15), Dec. 27, 2022, 136 Stat. 4355, provided that:
“(a) Public, Online Disclosure of Financial Disclosure Forms of Members of Congress and Congressional Staff.—
“(1) In general.—
Not later than
September 30, 2012, or 90 days after the date of enactment of this Act [
Apr. 4, 2012], whichever is later, the Secretary of the
Senate and the Sergeant at Arms of the
Senate, and the Clerk of the
House of Representatives, shall ensure that financial disclosure forms filed by Members of
Congress, candidates for
Congress, and employees of
Congress in calendar year 2012 and in subsequent years pursuant to subchapter I of
chapter 131 of title 5, United States Code, are made available to the public on the respective official websites of the
Senate and the
House of Representatives not later than 30 days after such forms are filed.
“(2) Extensions.—
Notices of extension for financial disclosure shall be made available electronically under this subsection along with its related disclosure.
“(3) Reporting transactions.—
In the case of a transaction disclosure required by
section 13105(l) of title 5, United States Code, such disclosure shall be filed not later than the date required by that section. Notices of extension for transaction disclosure shall be made available electronically under this subsection along with its related disclosure.
“(4) Expiration.—
The requirements of this subsection shall expire upon implementation of the public disclosure system established under subsection (b).
“(b) Electronic Filing and Online Public Availability of Financial Disclosure Forms of Members of Congress.—
“(1) In general.—Subject to paragraph (6) and not later than January 1, 2014, the Secretary of the Senate and the Sergeant at Arms of the Senate and the Clerk of the House of Representatives shall develop systems to enable—
“(B) public access to—
“(i)
financial disclosure reports filed by Members of Congress and candidates for Congress,
“(ii)
reports filed by Members of
Congress and candidates for
Congress of a transaction disclosure required by
section 13105(l) of title 5, United States Code, and
“(iii)
notices of extensions, amendments, and blind trusts, with respect to financial disclosure reports described in clauses (i) and (ii),
pursuant to subchapter I of
chapter 131 of title 5, United States Code, through databases that are maintained on the official websites of the
House of Representatives and the
Senate.
“(3) Public availability.—
Pursuant to
section 13107(b)(1) of title 5, United States Code, electronic availability on the official websites of the
Senate and the
House of Representatives under paragraph (1)(B) shall be deemed to have met the public availability requirement.
“(4) Filers covered.—
Individuals required under
chapter 131 of title 5, United States Code, or the
Senate Rules to file financial disclosure reports with the Secretary of the
Senate or the Clerk of the
House of Representatives shall be able to file reports electronically using the systems developed by the Secretary of the
Senate, the Sergeant at Arms of the
Senate, and the Clerk of the
House of Representatives.
“(5) Extensions.—
Notices of extension for financial disclosure shall be made available electronically under paragraph (1)(B) along with its related disclosure.
“(6) Additional time.—
The requirements of this subsection may be implemented after the date provided in paragraph (1) if the Secretary of the Senate or the Clerk of the House of Representatives identifies in writing to relevant congressional committees the additional time needed for such implementation.”
[Pub. L. 117–286, § 4(c)(15), which directed amendment of section 8 of the “Stop Trading on Congressional Knowledge Act of 2012 (Public Law 112–105, 126 Stat. 295, 5 U.S.C. App. 105 note)”, was executed to section 8 of Pub. L. 112–105, set out above, known as the “Representative Louise McIntosh Slaughter Stop Trading on Congressional Knowledge Act” or the “STOCK Act”, to reflect the probable intent of Congress.]
[For definitions of terms used in section 8 of Pub. L. 112–105, set out above, see section 2 of Pub. L. 112–105, set out as a note under section 13101 of this title.]
Executive Branch Reporting
Pub. L. 112–105, § 11, Apr. 4, 2012, 126 Stat. 298, as amended by Pub. L. 112–173, § 1(2), Aug. 16, 2012, 126 Stat. 1310; Pub. L. 113–7, § 1(b)(2), Apr. 15, 2013, 127 Stat. 439; Pub. L. 117–286, § 4(c)(16), Dec. 27, 2022, 136 Stat. 4355, provided that:
“(a) Executive Branch Reporting.—
“(1) In general.—
Not later than
September 30, 2012, or 90 days after the date of enactment of this Act [
Apr. 4, 2012], whichever is later, the President shall ensure that financial disclosure forms filed pursuant to subchapter I of
chapter 131 of title 5, United States Code, in calendar year 2012 and in subsequent years, by
executive branch employees specified in
section 13103 of title 5, United States Code, are made available to the public on the official websites of the respective
executive branch agencies not later than 30 days after such forms are filed.
“(2) Extensions.—
Notices of extension for financial disclosure shall be made available electronically along with the related disclosure.
“(3) Reporting transactions.—
In the case of a transaction disclosure required by
section 13105(l) of title 5, United States Code, such disclosure shall be filed not later than the date required by that section. Notices of extension for transaction disclosure shall be made available electronically under this subsection along with its related disclosure.
“(4) Expiration.—
The requirements of this subsection shall expire upon implementation of the public disclosure system established under subsection (b).
“(b) Electronic Filing and Online Public Availability of Financial Disclosure Forms of Certain Executive Branch Officials.—
“(1) In general.—Subject to paragraph (6), and not later than January 1, 2014, the President, acting through the Director of the Office of Government Ethics, shall develop systems to enable—
“(A)
electronic filing of reports required by
section 13105 of title 5, United States Code, other than subsection (h) of such section; and
“(B) public access to—
“(i)
financial disclosure reports filed by the President, the
Vice President, and any officer occupying a position listed in section 5312 or
section 5313 of title 5, United States Code, having been nominated by the President and confirmed by the
Senate to that position,
“(ii)
reports filed by any individual described in clause (i) of a transaction disclosure required by
section 13105(l) of title 5, United States Code, and
“(iii)
notices of extensions, amendments, and blind trusts, with respect to financial disclosure reports described in clauses (i) and (ii),
pursuant to subchapter I of
chapter 131 of title 5, United States Code, through databases that are maintained on the official website of the
Office of Government Ethics.
“(3) Public availability.—
Pursuant to
section 13107(b)(1) of title 5, United States Code, electronic availability on the official website of the
Office of Government Ethics under paragraph (1)(B) shall be deemed to have met the public availability requirement.
“(4) Filers covered.—
Executive branch employees required under subchapter I of
chapter 131 of title 5, United States Code, to file financial disclosure reports shall be able to file the reports electronically with their
supervising ethics office.
“(5) Extensions.—
Notices of extension for financial disclosure shall be made available electronically under paragraph (1)(B) along with its related disclosure.
“(6) Additional time.—
The requirements of this subsection may be implemented after the date provided in paragraph (1) if the Director of the Office of Government Ethics, after consultation with the Clerk of the House of Representatives and Secretary of the Senate, identifies in writing to relevant congressional committees the additional time needed for such implementation.”
[Pub. L. 117–286, § 4(c)(16), which directed amendment of section 11 of the “Stop Trading on Congressional Knowledge Act of 2012 (Public Law 112–105, 126 Stat. 298, 5 U.S.C. App. 105 note)”, was executed to section 11 of Pub. L. 112–105, set out above, known as the “Representative Louise McIntosh Slaughter Stop Trading on Congressional Knowledge Act” or the “STOCK Act”, to reflect the probable intent of Congress.][For definitions of terms used in section 11 of Pub. L. 112–105, set out above, see section 2 of Pub. L. 112–105, set out as a Definitions note under section 13101 of this title.]
Public Availability of Reports Filed Under Pre-1991 Ethics in Government Act Provisions
Pub. L. 101–280, § 9, May 4, 1990, 104 Stat. 162, provided that:
“Those reports filed under title I [former
2 U.S.C. 701 et seq.], II [formerly set out under the heading Executive Personnel Financial Disclosure Requirements in the Appendix to this title], or III [formerly set out under the heading Judicial Personnel Financial Disclosure Requirements in the
Appendix to Title 28, Judiciary and Judicial Procedure] of the
Ethics in Government Act of 1978 [
Pub. L. 95–521], as in effect before
January 1, 1991, shall be made available to the public on or after such date in accordance with [former] section 105 of that Act [see
5 U.S.C. 13107], as amended by the
Ethics Reform Act of 1989 [
Pub. L. 101–194], and the provisions of such section shall apply with respect to those reports.”