§4712. Posting of travel and financial disclosure reports on public website of Clerk of the House of Representatives

(a) Requiring posting on Internet

The Clerk of the House of Representatives shall post on the public Internet site of the Office of the Clerk, in a format that is searchable, sortable, and downloadable, to the extent technically practicable, each of the following:

(1) The advance authorizations, certifications, and disclosures filed with respect to transportation, lodging, and related expenses for travel under clause 5(b) of rule XXV of the Rules of the House of Representatives by Members (including Delegates and Resident Commissioners to the Congress), officers, and employees of the House.

(2) The reports filed under section 13105(h)(1) of title 5 by Members of the House of Representatives (including Delegates and Resident Commissioners to the Congress).

(b) Applicability and timing

(1) Applicability

Subject to paragraph (2), subsection (a) shall apply with respect to information received by the Clerk of the House of Representatives on or after September 14, 2007.

(2) Timing

The Clerk of the House of Representatives shall-

(A) not later than August 1, 2008, post the information required by subsection (a) that the Clerk receives by June 1, 2008; and

(B) not later than the end of each 45-day period occurring after information is required to be posted under subparagraph (A), post the information required by subsection (a) that the Clerk has received since the last posting under this subsection.

(3) Omission of personally identifiable information

Members of the House of Representatives (including Delegates and Resident Commissioners to the Congress) shall be permitted to omit personally identifiable information not required to be disclosed on the reports posted on the public Internet site under this section (such as home address, Social Security numbers, personal bank account numbers, home telephone, and names of children) prior to the posting of such reports on such public Internet site.

(4) Assistance in protecting personal information

The Clerk of the House of Representatives, in consultation with the Committee on Standards of Official Conduct, shall include in any informational materials concerning any disclosure that will be posted on the public Internet site under this section an explanation of the procedures for protecting personally identifiable information as described in this section.

(c) Retention

The Clerk shall maintain the information posted on the public Internet site of the Office of the Clerk under this section for a period of 6 years after receiving the information, or, in the case of reports filed under section 13105(h)(1) of title 5, until the expiration of the 6-year period which begins on the date the individual is no longer a Member of Congress.

( Pub. L. 110–81, title III, §304, Sept. 14, 2007, 121 Stat. 752 ; Pub. L. 112–105, §19(b)(1), Apr. 4, 2012, 126 Stat. 304 ; Pub. L. 117–286, §4(c)(4), Dec. 27, 2022, 136 Stat. 4353 .)

Editorial Notes

Codification

Section was formerly classified to section 104e of this title prior to editorial reclassification and renumbering as this section.

Amendments

2022-Subsec. (a)(2). Pub. L. 117–286, §4(c)(4)(A), substituted "section 13105(h)(1) of title 5" for "section 103(h)(1) of the Ethics in Government Act of 1978".

Subsec. (c). Pub. L. 117–286, §4(c)(4)(B), substituted "section 13105(h)(1) of title 5," for "section 103(h)(1) of the Ethics in Government Act of 1978,".

2012-Subsec. (c). Pub. L. 112–105 substituted ", or, in the case of reports filed under section 103(h)(1) of the Ethics in Government Act of 1978, until the expiration of the 6-year period which begins on the date the individual is no longer a Member of Congress." for period at end.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.

Effective Date of 2012 Amendment

Pub. L. 112–105, §19(b)(2), Apr. 4, 2012, 126 Stat. 305 , provided that: "The amendment made by paragraph (1) [amending this section] shall apply with respect to any report which is filed on or after the date on which the systems developed by the Secretary and Sergeant at Arms of the Senate and the Clerk of the House of Representatives under section 8(b) [of Pub. L. 112–105, set out as a note under section 105 of Pub. L. 95–521, in the Appendix to Title 5, Government Organization and Employees] first take effect."

Rule of Construction

Pub. L. 112–105, §10, Apr. 4, 2012, 126 Stat. 298 , provided that: "Nothing in this Act [see Tables for classification], the amendments made by this Act, or the interpretive guidance to be issued pursuant to sections 3 and 9[(a)] of this Act [set out as notes preceding section 13101 of Title 5, Government Organization and Employees], shall be construed to-

"(1) impair or limit the construction of the antifraud provisions of the securities laws or the Commodity Exchange Act [7 U.S.C. 1 et seq.] or the authority of the Securities and Exchange Commission or the Commodity Futures Trading Commission under those provisions;

"(2) be in derogation of the obligations, duties, and functions of a Member of Congress, an employee of Congress, an executive branch employee, a judicial officer, or a judicial employee, arising from such person's official position; or

"(3) be in derogation of existing laws, regulations, or ethical obligations governing Members of Congress, employees of Congress, executive branch employees, judicial officers, or judicial employees."

Exercise of Rulemaking Authority

Pub. L. 110–81, title III, §306, Sept. 14, 2007, 121 Stat. 754 , provided that: "The provisions of this title [enacting this section] are adopted by the House of Representatives-

"(1) as an exercise of the rulemaking power of the House; and

"(2) with full recognition of the constitutional right of the House to change those rules at any time, in the same manner, and to the same extent as in the case of any other rule of the House."