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.
| Department | Claims |
|---|---|
| Dept. of Justice | 89.0 |
| Dept. of Health and Human Services | 5.0 |
| Dept. of Transportation | 2.0 |
| Dept. of Education | 1.0 |
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.