5 USC App 107(a)(2): Financial disclosure information pertaining to certain government employees

About This Project

This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.

      
 
                            TITLE 5--APPENDIX
 
                    ETHICS IN GOVERNMENT ACT OF 1978
 
     TITLE I--FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL
    
          
Sec. 107. Confidential reports and other additional requirements

    (a)(1) Each supervising ethics office may require officers and 
employees under its jurisdiction (including special Government employees 
as defined in section 202 of title 18, United States Code) 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 title, 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, United States Code, 
regulations promulgated thereunder, or the authorized activities of such 
officers or employees. Any individual required to file a report pursuant 
to section 101 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 title. 
Subsections (a), (b), and (d) of section 105 shall not apply with 
respect to any such report.
    (2) Any information required to be provided by an individual under 
this subsection shall be confidential and shall not be disclosed to the 
public.
    (3) Nothing in this subsection exempts any individual otherwise 
covered by the requirement to file a public financial disclosure report 
under this title from such requirement.
    (b) The provisions of this title 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 title shall not 
supersede the requirements of section 7342 of title 5, United States 
Code.
    (c) Nothing in this Act 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.

(Pub. L. 95-521, title I, Sec. 107, Oct. 26, 1978, 92 Stat. 1834; Pub. 
L. 96-19, Sec. 9(d), (g), June 13, 1979, 93 Stat. 42, 43; Pub. L. 101-
194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1740.)

                       References in Text

    This Act, referred to in subsec. (c), is Pub. L. 95-521, Oct. 26, 
1978, 92 Stat. 1824, as amended, known as the Ethics in Government Act 
of 1978. For complete classification of this Act to the Code, see Short 
Title note set out under section 101 of this Appendix and Tables.

                          Codification

    Section was formerly classified to section 707 of Title 2, The 
Congress.


                               Amendments

    1989--Pub. L. 101-194 amended section generally, substituting 
provisions relating to confidential reports and other additional 
requirements for provisions setting forth definitions for purposes of 
title I of Pub. L. 95-521. See section 109 of this Appendix.
    1979--Par. (1). Pub. L. 96-19, Sec. 9(d), substituted ``gross income 
derived from business (and net income if the individual elects to 
include it)'' for ``net and gross income derived from business''.
    Par. (16). Pub. L. 96-19, Sec. 9(g), inserted quotation marks after 
``designated committee of the House of Representatives'' and before 
``designated committee of the Senate''.


                    Effective Date of 1989 Amendment

    Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section 204 
of Pub. L. 101-194, set out as a note under section 101 of this 
Appendix.


 

Sec. 107. Confidential reports and other additional requirements

    (a)(1) Each supervising ethics office may require officers and 
employees under its jurisdiction (including special Government employees 
as defined in section 202 of title 18, United States Code) 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 title, 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, United States Code, 
regulations promulgated thereunder, or the authorized activities of such 
officers or employees. Any individual required to file a report pursuant 
to section 101 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 title. 
Subsections (a), (b), and (d) of section 105 shall not apply with 
respect to any such report.

        
            
 
(2) Any information required to be provided by an individual under this subsection shall be confidential and shall not be disclosed to the public. (3) Nothing in this subsection exempts any individual otherwise covered by the requirement to file a public financial disclosure report under this title from such requirement. (b) The provisions of this title 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 title shall not supersede the requirements of section 7342 of title 5, United States Code. (c) Nothing in this Act 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. (Pub. L. 95-521, title I, Sec. 107, Oct. 26, 1978, 92 Stat. 1834; Pub. L. 96-19, Sec. 9(d), (g), June 13, 1979, 93 Stat. 42, 43; Pub. L. 101- 194, title II, Sec. 202, Nov. 30, 1989, 103 Stat. 1740.) References in Text This Act, referred to in subsec. (c), is Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as amended, known as the Ethics in Government Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this Appendix and Tables. Codification Section was formerly classified to section 707 of Title 2, The Congress. Amendments 1989--Pub. L. 101-194 amended section generally, substituting provisions relating to confidential reports and other additional requirements for provisions setting forth definitions for purposes of title I of Pub. L. 95-521. See section 109 of this Appendix. 1979--Par. (1). Pub. L. 96-19, Sec. 9(d), substituted ``gross income derived from business (and net income if the individual elects to include it)'' for ``net and gross income derived from business''. Par. (16). Pub. L. 96-19, Sec. 9(g), inserted quotation marks after ``designated committee of the House of Representatives'' and before ``designated committee of the Senate''. Effective Date of 1989 Amendment Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section 204 of Pub. L. 101-194, set out as a note under section 101 of this Appendix.