Title 5Government Organization and EmployeesRelease 119-73

§13109 Confidential reports and other additional requirements

Title 5 › Part PART IV— - ETHICS REQUIREMENTS › Chapter CHAPTER 131— - ETHICS IN GOVERNMENT › Subchapter SUBCHAPTER I— - FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL › § 13109

Last updated Apr 6, 2026|Official source

Summary

Supervising ethics offices may require officers and employees (including special Government employees, as defined in 18 U.S.C. 202) to file confidential financial disclosure reports in the form the office sets. The office decides what must be reported; it can require less or more information when needed because of the criminal conflict-of-interest laws in 18 U.S.C. 202–209 or related rules, or because of the person’s job. Anyone who must file a public report under section 13103 does not have to file a confidential report too, unless extra information is requested. Subsections (a), (b), and (d) of section 13107 do not apply to these confidential reports. All information in these reports is kept confidential and not made public. The reporting rules in this subchapter replace other general reporting rules that exist to prevent conflicts of interest, except they do not replace section 7342. Filing a report does not let anyone do things that the law, an Executive order, or a rule forbids—such as receiving prohibited income, gifts, reimbursements, holding banned assets or positions, or taking part in forbidden transactions.

Full Legal Text

Title 5, §13109

Government Organization and Employees — Source: USLM XML via OLRC

(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) 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 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 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 subchapter from such requirement.
(b)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.
(c)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.

Legislative History

Notes & Related Subsidiaries

Amendments

Not Shown in TextThis section was derived from section 107 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 107 of Pub. L. 95–521 was amended by Pub. L. 117–125, § 2(c)(3), May 13, 2022, 136 Stat. 1207, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(c), 7, Dec. 27, 2022, 136 Stat. 4294, 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 Provision

s note preceding section 101 of this title. Subsection (a)(1) of section 107 of Pub. L. 95–521 was amended in the last sentence by striking “and (d)” and inserting “and (e)”. Such amendment was to conform with an amendment to section 105 of Pub. L. 95–521 redesignating subsection (d) as (e), see

Amendments

Not Shown in Text note set out under section 13107 of this title.

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 131095 U.S.C. App. (EGA § 107)Pub. L. 95–521, title I, § 107, Oct. 26, 1978, 92 Stat. 1834; Pub. L. 96–19, § 9(d), (g), June 13, 1979, 93 Stat. 42, 43; Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1740.

Reference

Citations & Metadata

Citation

5 U.S.C. § 13109

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73