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

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 , 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 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. Except as provided in the second sentence of this subsection, 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, within 30 days after any report is received under this subchapter by such agency or office or by the Clerk or the Secretary of the Senate, as the case may be, permit inspection of such report by or furnish a copy of such report to any person requesting such inspection or copy. With respect to any report required to be filed by May 15 of any year, such report shall be made available for public inspection within 30 calendar days after May 15 of such year or within 30 days of the date of filing of such a report for which an extension is granted pursuant to section 13103(g) of this title . The agency, office, Clerk, or Secretary of the Senate, as the case may be, may require a reasonable fee to be paid in any amount which is found necessary to recover the cost of reproduction or mailing of such report excluding any salary of any employee involved in such reproduction or mailing. A copy of such report may be furnished without charge or at a reduced charge if it is determined that waiver or reduction of the fee is in the public interest. that person’s name, occupation, and address; the name and address of any other person or organization on whose behalf the inspection or copy is requested; and that such person is aware of the prohibitions on the obtaining or use of the report. This section does not require the immediate and unconditional availability of reports filed by an individual described in paragraph (9) or (10) of section 13101 of this title if a finding is made by the Judicial Conference, in consultation with the United States Marshals Service, that revealing personal and sensitive information could endanger that individual or a family member of that individual. to the extent necessary to protect the individual who filed the report or a family member of that individual; and for as long as the danger to such individual exists. the total number of reports redacted pursuant to this paragraph; the total number of individuals whose reports have been redacted pursuant to this paragraph; the types of threats against individuals whose reports are redacted, if appropriate; the nature or type of information redacted; what steps or procedures are in place to ensure that sufficient information is available to litigants to determine if there is a conflict of interest; principles used to guide implementation of redaction authority; and any public complaints received relating to redaction. The Judicial Conference, in consultation with the Department of Justice, shall issue regulations setting forth the circumstances under which redaction is appropriate under this paragraph and the procedures for redaction. This paragraph shall expire on December 31, 2027 , and apply to filings through calendar year 2027. for any unlawful purpose; for any commercial purpose, other than by news and communications media for dissemination to the general public; for determining or establishing the credit rating of any individual; or for use, directly or indirectly, in the solicitation of money for any political, charitable, or other purpose. The Attorney General may bring a civil action against any person who obtains or uses a report for any purpose prohibited in paragraph (1) of this subsection. The court in which such action is brought may assess against such person a penalty in any amount not to exceed $10,000. Such remedy shall be in addition to any other remedy available under statutory or common law. Any report filed with or transmitted to an agency or supervising ethics office or to the Clerk of the House of Representatives or the Secretary of the Senate pursuant to this subchapter shall be retained by such agency or office or by the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be. in the case of a Member of Congress, until a date that is 6 years from the date the individual ceases to be a Member of Congress; and in the case of all other reports filed pursuant to this subchapter, for a period of 6 years after receipt of the report. After the relevant time period identified under paragraph (2), the report shall be destroyed unless needed in an ongoing investigation, except that in the case of an individual who filed the report pursuant to section 13103(b) of this title and was not subsequently confirmed by the Senate, or who filed the report pursuant to section 13103(c) of this title and was not subsequently elected, such reports shall be destroyed 1 year after the individual either is no longer under consideration by the Senate or is no longer a candidate for nomination or election to the Office of President, Vice President, or as a Member of Congress, unless needed in an ongoing investigation or inquiry. 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. The President. The Vice President. Any Member of Congress. Any candidate for Congress. 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.” 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. Notices of extension for financial disclosure shall be made available electronically under this subsection along with its related disclosure. 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. The requirements of this subsection shall expire upon implementation of the public disclosure system established under subsection (b). electronic filing of reports received by them pursuant to section 13105(h)(1)(A) of title 5 , United States Code; and financial disclosure reports filed by Members of Congress and candidates for Congress, 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 notices of extensions, amendments, and blind trusts, with respect to financial disclosure reports described in clauses (i) and (ii), For purposes of filings under paragraph (1)(B), section 13107(b)(2) of title 5 , United States Code, does not apply. 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. 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. Notices of extension for financial disclosure shall be made available electronically under paragraph (1)(B) along with its related disclosure. 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.” 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. Notices of extension for financial disclosure shall be made available electronically along with the related disclosure. 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. The requirements of this subsection shall expire upon implementation of the public disclosure system established under subsection (b). electronic filing of reports required by section 13105 of title 5 , United States Code, other than subsection (h) of such section; and 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, 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 notices of extensions, amendments, and blind trusts, with respect to financial disclosure reports described in clauses (i) and (ii), For purposes of filings under paragraph (1)(B), section 13107(b)(2) of title 5 , United States Code, does not apply. 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. 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. Notices of extension for financial disclosure shall be made available electronically under paragraph (1)(B) along with its related disclosure. 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.”