5 USC 13104 – Contents of reports
(a)
(1)
(A)
(B)
(i) not more than $1,000;
(ii) greater than $1,000 but not more than $2,500;
(iii) greater than $2,500 but not more than $5,000;
(iv) greater than $5,000 but not more than $15,000;
(v) greater than $15,000 but not more than $50,000;
(vi) greater than $50,000 but not more than $100,000;
(vii) greater than $100,000 but not more than $1,000,000;
(viii) greater than $1,000,000 but not more than $5,000,000; or
(ix) greater than $5,000,000.
(2)
(A)
(B)
(C)
(3)
(4)
(A) any mortgage secured by real property which is a personal residence of the reporting individual or the individual’s spouse, except that this exception shall not apply to a reporting individual—
(i) described in paragraph (1), (2), or (9) of 13103(f) of this title;
(ii) described in section 13103(b) of this title who has been nominated for appointment as an officer or employee in the executive branch described in subsection (f) of that section, other than—
(I) an individual appointed to a position—
(aa) as a Foreign Service Officer below the rank of ambassador; or
(bb) in the uniformed services for which the pay grade prescribed by section 201 of title 37 is O-6 or below; or
(II) a special Government employee, as defined under section 202 of title 18; or
(iii) described in section 13103(f) of this title who is in a position in the executive branch the appointment to which is made by the President and requires advice and consent of the Senate, other than—
(I) an individual appointed to a position—
(aa) as a Foreign Service Officer below the rank of ambassador; or
(bb) in the uniformed services for which the pay grade prescribed by section 201 of title 37 is O-6 or below; or
(II) a special Government employee, as defined under section 202 of title 18; and
(B) any loan secured by a personal motor vehicle, household furniture, or appliances, which loan does not exceed the purchase price of the item which secures it.
With respect to revolving charge accounts, only those with an outstanding liability which exceeds $10,000 as of the close of the preceding calendar year need be reported under this paragraph.
(5)
(A) in real property, other than property used solely as a personal residence of the reporting individual or the individual’s spouse; or
(B) in stocks, bonds, commodities futures, and other forms of securities.
Reporting is not required under this paragraph of any transaction solely by and between the reporting individual, the individual’s spouse, or dependent children.
(6)
(A)
(B)
(i) the identity of each source of such compensation; and
(ii) a brief description of the nature of the duties performed or services rendered by the reporting individual for each such source.
The preceding sentence shall not require any individual to include in such report any information which is considered confidential as a result of a privileged relationship, established by law, between such individual and any person, nor shall it require an individual to report any information with respect to any person for whom services were provided by any firm or association of which such individual was a member, partner, or employee unless such individual was directly involved in the provision of such services.
(7)
(A) future employment;
(B) a leave of absence during the period of the reporting individual’s Government service;
(C) continuation of payments by a former employer other than the United States Government; and
(D) continuing participation in an employee welfare or benefit plan maintained by a former employer.
(8)
Terms Used In 5 USC 13104
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appraisal: A determination of property value.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- association: when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association" in like manner as if these last-named words, or words of similar import, were expressed. See 1 USC 5
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dependent: A person dependent for support upon another.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Fiduciary: A trustee, executor, or administrator.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trustee: A person or institution holding and administering property in trust.
- vehicle: includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. See 1 USC 4
- writing: includes printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise. See 1 USC 1
(b)
(1)
(A) paragraph (1) of subsection (a) for the year of filing and the preceding calendar year;
(B) paragraphs (3) and (4) of subsection (a) as of the date specified in the report but which is less than 31 days before the filing date; and
(C) paragraphs (6) and (7) of subsection (a) as of the filing date but for periods described in such paragraphs.
(2)
(A)
(B)
(c)
(d)
(1)
(A) not more than $15,000;
(B) greater than $15,000 but not more than $50,000;
(C) greater than $50,000 but not more than $100,000;
(D) greater than $100,000 but not more than $250,000;
(E) greater than $250,000 but not more than $500,000;
(F) greater than $500,000 but not more than $1,000,000;
(G) greater than $1,000,000 but not more than $5,000,000;
(H) greater than $5,000,000 but not more than $25,000,000;
(I) greater than $25,000,000 but not more than $50,000,000; and
(J) greater than $50,000,000.
(2)
(e)
(1)
(A)
(B)
(C)
(D)
(E)
(F)
Reports required by subsections (a), (b), and (c) of section 13103 of this title shall, with respect to the spouse and dependent child of the reporting individual, contain only information listed in paragraphs (1), (3), and (4) of subsection (a), as specified in this paragraph.
(2)
(f)
(1)
(2)
(A) any qualified blind trust (as defined in paragraph (3));
(B) a trust—
(i) which was not created directly by such individual, the individual’s spouse, or any dependent child; and
(ii) the holdings or sources of income of which such individual, the individual’s spouse, and any dependent child have no knowledge; or
(C) an entity described under the provisions of paragraph (8),
but such individual shall report the category of the amount of income received by the individual, the individual’s spouse, or any dependent child from the trust or other entity under subsection (a)(1)(B).
(3)
(A)
(i) The trustee of the trust and any other entity designated in the trust instrument to perform fiduciary duties is a financial institution, an attorney, a certified public accountant, a broker, or an investment advisor who—
(I) is independent of and not associated with any interested party so that the trustee or other person cannot be controlled or influenced in the administration of the trust by any interested party;
(II) is not and has not been an employee of or affiliated with any interested party and is not a partner of, or involved in any joint venture or other investment with, any interested party; and
(III) is not a relative of any interested party.
(ii) Any officer or employee of a trustee or other entity who is involved in the management or control of the trust—
(I) is independent of and not associated with any interested party so that such officer or employee cannot be controlled or influenced in the administration of the trust by any interested party;
(II) is not a partner of, or involved in any joint venture or other investment with, any interested party; and
(III) is not a relative of any interested party.
(B)
(C)
(i) except to the extent provided in subparagraph (B) of this paragraph, the trustee in the exercise of the trustee’s authority and discretion to manage and control the assets of the trust shall not consult or notify any interested party;
(ii) the trust shall not contain any asset the holding of which by an interested party is prohibited by any law or regulation;
(iii) the trustee shall promptly notify the reporting individual and the reporting individual’s supervising ethics office when the holdings of any particular asset transferred to the trust by any interested party are disposed of or when the value of such holding is less than $1,000;
(iv) the trust tax return shall be prepared by the trustee or the trustee’s designee, and such return and any information relating thereto (other than the trust income summarized in appropriate categories necessary to complete an interested party’s tax return) shall not be disclosed to any interested party;
(v) an interested party shall not receive any report on the holdings and sources of income of the trust, except a report at the end of each calendar quarter with respect to the total cash value of the interest of the interested party in the trust or the net income or loss of the trust or any reports necessary to enable the interested party to complete an individual tax return required by law or to provide the information required by subsection (a)(1) of this section, but such report shall not identify any asset or holding;
(vi) except for communications which solely consist of requests for distributions of cash or other unspecified assets of the trust, there shall be no direct or indirect communication between the trustee and an interested party with respect to the trust unless such communication is in writing and unless it relates only (I) to the general financial interest and needs of the interested party (including, but not limited to, an interest in maximizing income or long-term capital gain), (II) to the notification of the trustee of a law or regulation subsequently applicable to the reporting individual which prohibits the interested party from holding an asset, which notification directs that the asset not be held by the trust, or (III) to directions to the trustee to sell all of an asset initially placed in the trust by an interested party which in the determination of the reporting individual creates a conflict of interest or the appearance thereof due to the subsequent assumption of duties by the reporting individual (but nothing herein shall require any such direction); and
(vii) the interested parties shall make no effort to obtain information with respect to the holdings of the trust, including obtaining a copy of any trust tax return filed or any information relating thereto except as otherwise provided in this subsection.
(D)
(E)
(F)
(4)
(A)
(B)
(i) The provisions of subparagraph (A) shall not apply with respect to a trust created for the benefit of a reporting individual, or the spouse, dependent child, or minor child of such a person, if the supervising ethics office for such reporting individual finds that—
(I) the assets placed in the trust consist of a well-diversified portfolio of readily marketable securities;
(II) none of the assets consist of securities of entities having substantial activities in the area of the reporting individual’s primary area of responsibility;
(III) the trust instrument prohibits the trustee, notwithstanding the provisions of paragraphs 1 (3)(C)(iii) and (iv) of this subsection, from making public or informing any interested party of the sale of any securities;
(IV) the trustee is given power of attorney, notwithstanding the provisions of paragraph (3)(C)(v) of this subsection, to prepare on behalf of any interested party the personal income tax returns and similar returns which may contain information relating to the trust; and
(V) except as otherwise provided in this paragraph, the trust instrument provides (or in the case of a trust established prior to the effective date of this Act which by its terms does not permit amendment, the trustee, the reporting individual, and any other interested party agree in writing) that the trust shall be administered in accordance with the requirements of this subsection and the trustee of such trust meets the requirements of paragraph (3)(A).
(ii) In any instance covered by this subparagraph in which the reporting individual is an individual whose nomination is being considered by a congressional committee, the reporting individual shall inform the congressional committee considering the individual’s nomination before or during the period of such individual’s confirmation hearing of the individual’s intention to comply with this paragraph.
(5)
(A)
(i) the executed trust instrument of such trust (other than those provisions which relate to the testamentary disposition of the trust assets); and
(ii) a list of the assets which were transferred to such trust, including the category of value of each asset as determined under subsection (d) of this section.
This subparagraph shall not apply with respect to a trust meeting the requirements for being considered a qualified blind trust under paragraph (7) of this subsection.
(B)
(C)
(i) notify the individual’s supervising ethics office of such dissolution; and
(ii) file with such office a copy of a list of the assets of the trust at the time of such dissolution and the category of value under subsection (d) of this section of each such asset.
(D)
(E)
(6)
(A)
(i) disclose any information to an interested party with respect to such trust that may not be disclosed under paragraph (3) of this subsection;
(ii) acquire any holding the ownership of which is prohibited by the trust instrument;
(iii) solicit advice from any interested party with respect to such trust, which solicitation is prohibited by paragraph (3) of this subsection or the trust agreement; or
(iv) fail to file any document required by this subsection.
(B)
(i) solicit or receive any information with respect to a qualified blind trust of which the reporting individual is an interested party that may not be disclosed under paragraph (3)(C) of this subsection; or
(ii) fail to file any document required by this subsection.
(C)
(i)
(ii)
(7)
(A) the trust instrument is amended to comply with the requirements of paragraph (3) or, in the case of a trust instrument which does not by its terms permit amendment, the trustee, the reporting individual, and any other interested party agree in writing that the trust shall be administered in accordance with the requirements of this subsection and the trustee of such trust meets the requirements of paragraph (3)(A); except that in the case of any interested party who is a dependent child, a parent or guardian of such child may execute the agreement referred to in this subparagraph;
(B) a copy of the trust instrument (except testamentary provisions) and a copy of the agreement referred to in subparagraph (A), and a list of the assets held by the trust at the time of approval by the supervising ethics office, including the category of value of each asset as determined under subsection (d) of this section, are filed with such office and made available to the public as provided under paragraph (5)(D) of this subsection; and
(C) the supervising ethics office determines that approval of the trust arrangement as a qualified blind trust is in the particular case appropriate to assure compliance with applicable laws and regulations.
(8)
(A) if—
(i) the fund is publicly traded; or
(ii) the assets of the fund are widely diversified; and
(B) if the reporting individual neither exercises control over nor has the ability to exercise control over the financial interests held by the fund.
(g)
(h)
(i)
(1) financial interests in or income derived from—
(A) any retirement system under this title (including the Thrift Savings Plan under subchapter III of chapter 84 of this title); or
(B) any other retirement system maintained by the United States for officers or employees of the United States, including the President, or for members of the uniformed services; or
(2) benefits received under the Social Security Act (42 U.S.C. 301 et seq.).