Text: S.3625 — 112th Congress (2011-2012)All Information (Except Text)

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Public Law No: 112-178 (09/28/2012)

 
[112th Congress Public Law 178]
[From the U.S. Government Printing 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:
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CONGRESSIONAL RECORD, Vol. 158 (2012):
            Sept. 21, considered and passed Senate.
            Sept. 28, considered and passed House.

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