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

Federal law — U.S. Code and appendices · legal_authorities

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

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Stable record: federal_law:legal_authorities:record_usc_8ac0e6a0b815ff3a41e6ed16
Source file: Laws/federal/codes/united-states-code/title-5/section-13109-confidential-reports-and-other-additional-requirements--747ec3fccc.md
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Source location: Title 5, Chapter 131, § 13109; chapter-131-ethics-in-government.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section202&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section13103&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section13107&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7342&num=0&edition=prelim). **(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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 13103 — Persons required to file

**(a) Reports Filed Upon Entering a Filing Position.—** Within 30 days of assuming the position of an officer or employee described in subsection (f), an individual shall file a report containing the information described in [section 13104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section13104/b&num=0&edition=prelim) unless the individual has left another position described in subsection (f) within 30 days prior to assuming such new position or has already filed a report under this subchapter with respect to nomination for the new position or as a candidate for the position. **(b) Reports for Nominees to Positions Requiring Senate Confirmation.—** (1) **In general.—** — Within 5 days of the transmittal by the President to the Senate of the nomination of an individual (other than an individual nominated for appointment to a position as a Foreign Service Officer or a grade or rank in the uniformed services for which the pay grade prescribed by [section 201 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section201&num=0&edition=prelim) is O–6 or below) to a position, appointment to which requires the advice and consent of the Senate, such individual shall file a report containing the information described in [section 13104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section13104/b&num=0&edition=prelim). Such individual shall, not later than the date of the first hearing to consider the nomination of such individual, make current the report filed pursuant to this paragraph by filing the information required by [section 13104(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section13104/a/1/A&num=0&edition=preli

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 202 — Definitions

**(a)** For the purpose of sections 203, 205, 207, 208, and 209 of this title the term “special Government employee” shall mean an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States or of the District of Columbia, who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed one hundred and thirty days during any period of three hundred and sixty-five consecutive days, temporary duties either on a full-time or intermittent basis, a part-time United States commissioner, a part-time United States magistrate judge, or, regardless of the number of days of appointment, an independent counsel appointed under chapter 40 of title 28 and any person appointed by that independent counsel under [section 594(c) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section594/c&num=0&edition=prelim). Notwithstanding the next preceding sentence, every person serving as a part-time local representative of a Member of Congress in the Member’s home district or State shall be classified as a special Government employee. Notwithstanding sections 502, 2105(d), and 5534 of title 5, a Reserve officer of the Armed Forces, an officer of the Space Force not serving on sustained duty pursuant to [section 20105 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105&num=0&edition=prelim), or an officer of the National Guard of the United States, unless otherwise an officer or employee of the United States, shall be classified as a special Government employee while on active duty solely for training. Such an officer who is voluntarily serving a period of extended active duty in excess of one hundr

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 101 — Executive departments

The Executive departments are:

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7342 — Receipt and disposition of foreign gifts and decorations

**(a)** For the purpose of this section— (1) “employee” means— (A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim) and an officer or employee of the United States Postal Service or of the Postal Regulatory Commission; (B) an expert or consultant who is under contract under [section 3109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim) with the United States or any agency, department, or establishment thereof, including, in the case of an organization performing services under such section, any individual involved in the performance of such services; (C) an individual employed by, or occupying an office or position in, the government of a territory or possession of the United States or the government of the District of Columbia; (D) a member of a uniformed service; (E) the President and the Vice President; (F) a Member of Congress as defined by [section 2106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2106&num=0&edition=prelim) (except the Vice President) and any Delegate to the Congress; and (G) the spouse of an individual described in subparagraphs (A) through (F) (unless such individual and his or her spouse are separated) or a dependent (within the meaning of section 152 of the Internal Revenue Code of 1986) of such an individual, other than a spouse or dependent who is an employee under subparagraphs (A) through (F); (2) “foreign government” means— (A) any unit of foreign governmental authority, including any foreign national, State, local, and municipal government; (B) any international or multinational organization w

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 13107 — Custody of and public access to reports

**(a) Availability of Reports to Public.—** 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— (1) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section13106/a&num=0&edition=prelim), 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 (2) 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. **(b) Inspection of Reports.—** (

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4562 — Employment of personnel; appointment policies; nucleus executive reserve; use of confidential information by employees; printing and distribution of reports

**(a) Repealed. June 28, 1955, ch. 189, § 12(c)(1), 69 Stat. 180** **(b) Presidential appointments** (1) The President is further authorized, to the extent he deems it necessary and appropriate in order to carry out the provisions of this chapter and subject to such regulations as he may issue, to employ persons of outstanding experience and ability without compensation; (2) The President shall be guided in the exercise of the authority provided in this subsection by the following policies: (i) So far as possible, operations under this chapter shall be carried on by full-time, salaried employees of the Government, and appointments under this authority shall be to advisory or consultative positions only. (ii) Appointments to positions other than advisory or consultative may be made under this authority only when the requirements of the position are such that the incumbent must personally possess outstanding experience and ability not obtainable on a full-time, salaried basis. (3) Appointees under this subsection shall, when policy matters are involved, be limited to advising appropriate full-time salaried Government officials who are responsible for making policy decisions. (4) Appointments under this subsection shall be supported by written certification by the head of the employing department or agency— (i) that the appointment is necessary and appropriate in order to carry out the provisions of this chapter; (ii) that the duties of the position to which the appointment is being made require outstanding experience and ability; (iii) that the appointee has the outstanding experience and ability required by the position; and (iv) that the department or agency head has been unable to obtain a person with the qualifications necessary for the position

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 13109 — Confidential reports and other addi-

Page 1349 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 13109 ics official, a person designated by a congres- sional ethics committee, or a person des- ignated by the Judicial Conference, reaches an opinion under paragraph (2)(B) that an indi- vidual is not in compliance with applicable laws and regulations, the official or com- mittee shall notify the individual of that opin- ion and, after an opportunity for personal con- sultation (if practicable), determine and notify the individual of which steps, if any, would in the opinion of such official or committee be appropriate for assuring compliance with such laws and regulations and the date by which such steps should be taken. Such steps may in- clude, as appropriate— (A) divestiture; (B) restitution; (C) the establishment of a blind trust; (D) request for an exemption under section 208(b) of title 18; or (E) voluntary request for transfer, reas- signment, limitation of duties, or resigna- tion. The use of any such steps shall be in accord- ance with such rules or regulations as the su- pervising ethics office may prescribe. (4) REFERRAL OF INDIVIDUALS IN POSITIONS REQUIRING SENATE CONFIRMATION.—If steps for assuring compliance with applicable laws and regulations are not taken by the date set under paragraph (3) by an individual in a posi- tion in the executive branch (other than in the Foreign Service or the uniformed services), ap- pointment to which requires the advice and consent of the Senate, the matter shall be re- ferred to the President for appropriate action. (5) REFERRAL OF MEMBER OF FOREIGN SERVICE OR UNIFORMED SERVICES.—If steps for assuring compliance with applicable laws and regula- tions are not taken by the date set under para- graph (3) by a member of the Foreign Service or t

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