(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Postpones until December 8, 2012, the requirement under the Stop Trading on Congressional Knowledge Act of 2012 (STOCK Act) that the Secretary of the Senate, the Sergeant at Arms of the Senate, and the Clerk of the House of Representatives ensure that financial disclosure forms filed by congressional officers and employees be made available to the public on the respective official Senate and House websites within 30 days after filing.
Postpones until the same date the requirement that the President ensure that financial disclosure forms filed by executive branch employees are publicly available on appropriate official websites of executive branch agencies within such period.
Excludes from these effective date postponements, however, the President, Vice President, Members of Congress, candidates for Congress, and any officer occupying a position listed under Level I and Level II of the Executive Schedule having been nominated by the President and confirmed by the Senate. (Thus maintains September 30, 2012, as the effective date of the requirement that such individuals make their financial disclosure forms available to the public.)
Requires the Director of the Office of Personnel Management (OPM) to contract with the National Academy of Public Administration to study issues raised by the website publication of financial disclosure forms. Requires the Academy to report and make recommendations to Congress and the President for ways to avoid or mitigate the risks identified in its study.
Postpones until January 1, 2013, the requirement that Members of Congress and congressional officers and employees file financial periodic transaction reports (PTRs) with the Clerk of the House that include information on the sources of income of their spouses or children, but only with respect to any transaction exceeding $1,000 in stocks, bonds, commodities futures, and other forms of securities.
Postpones until the same date also the PTRs requirements for certain individuals in the executive branch. Lists these individuals as: (1) the President; (2) the Vice President; (3) executive officers or employees, including certain special government employees and members of a uniformed service; (4) appointed administrative law judges; (5) executive branch employees in positions excepted from the competitive service because of their confidential or policymaking character (except those excluded from such exception by the Director of the Office of Government Ethics [OGE]); (6) the Postmaster General, the Deputy Postmaster General, each Governor of the Board of Governors of the U.S. Postal Service, and certain U.S. Postal Service officers or employees; (7) the OGE Director and each designated agency ethics official; and (8) civilian employees of the Executive Office of the President (other than a special government employee) appointed by the President.
[112th Congress Public Law 178]
[From the U.S. Government Publishing Office]
[[Page 1407]]
FINANCIAL DISCLOSURE FORMS INTERNET PUBLICATION DATE
[[Page 126 STAT. 1408]]
Public Law 112-178
112th Congress
An Act
To change the effective date for the internet publication of certain
information to prevent harm to the national security or endangering the
military officers and civilian employees to whom the publication
requirement applies, and for other purposes. <<NOTE: Sept. 28,
2012 - [S. 3625]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CHANGED EFFECTIVE DATE FOR FINANCIAL DISCLOSURE FORMS
OF CERTAIN OFFICERS AND EMPLOYEES.
(a) In General.--Except with respect to financial disclosure forms
filed by officers and employees referred to in subsection (b), section
8(a)(1) and section 11(a)(1) of the STOCK Act (5 U.S.C. App. 105 note)
shall take effect on December 8, 2012.
(b) Financial Disclosure Forms Not Subject to New Effective Date.--
Financial disclosure forms filed by the following individuals shall not
be subject to the effective date under this section:
(1) The President.
(2) The Vice President.
(3) Any Member of Congress.
(4) Any candidate for Congress.
(5) 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.
SEC. 2. STUDY AND REPORT.
(a) <<NOTE: Contracts.>> In General.--Not later than 30 days after
the date of enactment of this Act, the Director of the Office of
Personnel Management shall contract with the National Academy of Public
Administration (referred to in this section as the ``National Academy'')
to--
(1) conduct a study of issues raised by website publication
of financial disclosure forms as is required under the STOCK Act
(Public Law 112-105; 126 Stat. 291); and
(2) issue a report containing findings and recommendations.
(b) Scope of Study.--The study conducted under subsection (a)(1)
shall--
(1) examine the nature, scope, and degree of risk, including
risk of harm to national security, law enforcement, or other
Federal missions and risk of endangerment, including to personal
safety and security, financial security (such as through
identity theft), and privacy, of officers and employees and
their family members, that may be posed by website and other
[[Page 126 STAT. 1409]]
publication of financial disclosure forms and associated
personal information;
(2) examine any harm that may have arisen from the current
online availability of financial disclosure forms and associated
personal information of employees of the legislative branch,
including any harm to national security, law enforcement, or
other Federal missions and any endangerment that may have
occurred, including to personal safety and security, financial
security (such as through identity theft), and privacy, of such
legislative branch officers and employees or their family
members; and
(3) include any other analysis that the National Academy
believes is necessary or desirable on the topic of the study.
(c) Report.--Not later than 6 months after the date of enactment of
this Act, the National Academy shall submit to Congress and the
President a report that contains--
(1) the findings of the study conducted under subsection
(a)(1);
(2) recommendations for ways to avoid or mitigate the risks
identified in the study conducted under subsection (a)(1),
consistent with the goal of providing appropriate public
disclosure of potential conflicts of interest or instances of
insider trading by Federal officers or employees; and
(3) any other recommendations that the National Academy
believes are necessary or desirable.
SEC. 3. PERIODIC TRANSACTION REPORTS FOR TRANSACTIONS OF SPOUSES
AND CHILDREN.
(a) In General.--
(1) Date reporting requirement commences in house of
representatives and executive branch.--Section 2 of the Act
entitled ``An Act to prevent harm to the national security or
endangering the military officers and civilian employees to whom
internet publication of certain information applies, and for
other purposes'', approved August 16, 2012 (5 U.S.C. App. 103
note), is amended by striking ``September 30, 2012'' and
inserting ``January 1, 2013''.
(2) Extension to executive branch.--Section 2 of the Act
entitled ``An Act to prevent harm to the national security or
endangering the military officers and civilian employees to whom
internet publication of certain information applies, and for
other purposes'', approved August 16, 2012 (5 U.S.C. App. 103
note), is amended by striking ``for reporting individuals'' and
all that follows through ``House of Representatives''.
(3) Technical and conforming amendment.--Section 2 of the
Act entitled ``An Act to prevent harm to the national security
or endangering the military officers and civilian employees to
whom internet publication of certain information applies, and
for other purposes'', approved August 16, 2012 (5 U.S.C. App.
103 note), is amended by striking ``such section 101'' and
inserting ``section 101 of such Act (5 U.S.C. App. 101)''.
(b) <<NOTE: 5 USC app. 103 note.>> Effective Date; Rule of
Construction.--
(1) Effective date.--The amendments made by subsection (a)
shall take effect on January 1, 2013.
[[Page 126 STAT. 1410]]
(2) Rule of construction.--Before January 1, 2013, the
amendments made by subsection (a) shall not affect the
applicability of section 2 of the Act entitled ``An Act to
prevent harm to the national security or endangering the
military officers and civilian employees to whom internet
publication of certain information applies, and for other
purposes'', approved August 16, 2012 (5 U.S.C. App. 103 note),
as in effect on the day before the effective date under
paragraph (1).
(c) Savings Clause.--Nothing in the amendments made by subsection
(a) shall be construed as affecting any requirement with respect to the
House of Representatives or the executive branch in effect before
January 1, 2013, with respect to the inclusion of transaction
information for a report under section 103(l) of the Ethics in
Government Act of 1978 (5 U.S.C. App. 103(l)).
(d) No Change to Existing Senate Requirements.--Nothing in this
section or the amendments made this section shall be construed as
affecting the requirement that took effect with respect to the Senate on
July 3, 2012, which mandates the inclusion of transaction information
for spouses and dependent children for a report under section 103(l) of
the Ethics in Government Act of 1978 (5 U.S.C. App. 103(l)).
Approved September 28, 2012.
LEGISLATIVE HISTORY--S. 3625:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 158 (2012):
Sept. 21, considered and passed Senate.
Sept. 28, considered and passed House.
<all>
Introduced in Senate
Passed/agreed to in Senate: Introduced in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent.(consideration: CR 9/21/2012 S6675-6676; text as passed Senate: CR 9/21/2012 S6675-6676)
Introduced in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent. (consideration: CR 9/21/2012 S6675-6676; text as passed Senate: CR 9/21/2012 S6675-6676)
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
Considered by unanimous consent. (consideration: CR H6285-6286)
Mr. Lewis (CA) asked unanimous consent to take from the Speaker's table and consider.
Passed/agreed to in House: On passage Passed without objection.(text: CR H6285-6286)
On passage Passed without objection. (text: CR H6285-6286)
Motion to reconsider laid on the table Agreed to without objection.
Enacted as Public Law 112-178
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Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 112-178.
Became Public Law No: 112-178.