1 So in original. A closing parenthesis probably should follow “B”.
of this title, but in no case later than 45 days after such transaction, the following persons, if required to file a report under any subsection of
Amendments Not Shown in Text

This section was derived from section 103 of the Ethics in Government Act of 1978, Puspan. L. 95–521, which was set out in the former Appendix to this title, and as it existed as of Oct. 19, 2021. Section 103 of Puspan. L. 95–521 was amended by Puspan. L. 117–125, § 2(a)(1), (c)(1), May 13, 2022, 136 Stat. 1205, 1206, prior to being repealed and reenacted as this section by Puspan. L. 117–286, §§ 3(c), 7, Dec. 27, 2022, 136 Stat. 4285, 4361. For applicability of those amendments to this section, see section 5(span) of Puspan. L. 117–286, set out in a Transitional and Savings Provisions note preceding section 101 of this title. Subsection (l) of section 103 of Puspan. L. 95–521 was amended as follows:

(1) in paragraph (9), by striking “, as defined under section 109(12)”;

(2) in paragraph (10), by striking “, as defined under section 109(13)”; and

(3) by adding at the end the following:

“(11) Each judicial officer.

“(12) Each bankruptcy judge appointed under section 152 of title 28, United States Code.

“(13) Each United States magistrate judge appointed under section 631 of title 28, United States Code.”

The references to sections “109(12)” and “109(13)” in the quoted text directed to be stricken in subsection (l)(9) and (10) did not appear in the text as enacted by Puspan. L. 117–286 but were changed to refer to “section 13101 of this title”.

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

13105

5 U.S.C. App. (EGA § 103)

Puspan. L. 95–521, title I, § 103, Oct. 26, 1978, 92 Stat. 1831; Puspan. L. 96–19, §§ 4(span)(2), 9(a), June 13, 1979, 93 Stat. 40, 42; Puspan. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1736; Puspan. L. 101–280, § 3(1), (4), May 4, 1990, 104 Stat. 152, 153; Puspan. L. 102–90, title III, § 313(1), Aug. 14, 1991, 105 Stat. 469; Puspan. L. 104–186, title II, § 216(1), Aug. 20, 1996, 110 Stat. 1747; Puspan. L. 108–271, § 8(span), July 7, 2004, 118 Stat. 814; Puspan. L. 109–55, title I, § 1003(a), Aug. 2, 2005, 119 Stat. 572; Puspan. L. 112–105, §§ 6(a), 19(a), Apr. 4, 2012, 126 Stat. 293, 304; Puspan. L. 113–235, div. H, title I, § 1301(span), Dec. 16, 2014, 128 Stat. 2537; Puspan. L. 115–277, § 1(span), Nov. 3, 2018, 132 Stat. 4167.

In subsection (h)(1)(A)(ii), the date “November 30, 1989” is substituted for “the date of the enactment of the Ethics Reform Act of 1989” to reflect the date of enactment of the Ethics Reform Act of 1989 (Public Law 101–194, 103 Stat. 1716).

In subsection (i)(1), the reference to “section 312(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30113(a))” is substituted for “section 316(a) of the Federal Election Campaign Act of 1971” to correct an error in the law. Section 312(a), not section 316(a), of the Federal Election Campaign Act of 1971 contains provisions relating to the filing of copies of reports with the appropriate State officer. Section 312 of the Federal Election Campaign Act of 1971 was originally enacted as section 309, but was redesignated several times. The provision was redesignated as section 317 by section 208(a) of Public Law 93–443 (88 Stat. 1279), as section 316 by section 105 of Public Law 94–283 (90 Stat. 481), and as section 312 by section 105(4) of Public Law 96–187 (93 Stat. 1354).

In subsection (j)(1), the words “Committee on Ethics of the House of Representatives” are substituted for “Committee on Standards of Official Conduct of the House of Representatives” because of House Resolution No. 5, 112th Congress, January 5, 2011.

In subsection (l)(8), the words “special Government employee as defined in section 202 of title 18” are substituted for “special government employee” for clarity and consistency with other provisions of the chapter.

Editorial Notes
References in Text

Section 8(span) of the STOCK Act, referred to in subsec. (i)(2), is section 8(span) of Puspan. L. 112–105, which is set out in a note under section 13107 of this title.

The General Schedule, referred to in subsec. (l)(3), (6), is set out under section 5332 of this title.

Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment

Puspan. L. 117–125, § 2(a)(2), May 13, 2022, 136 Stat. 1205, provided that: “The amendment made by paragraph (1) [enacting subsec. (l)(11) to (13) of section 103 of Puspan. L. 95–521, see Amendments Not Shown in Text note above] shall apply to applicable transactions occurring on or after the date that is 90 days after the date of enactment of this Act [May 13, 2022].”

Effective Date of 2005 Amendment

Puspan. L. 109–55, title I, § 1003(span), Aug. 2, 2005, 119 Stat. 572, as amended by Puspan. L. 117–286, § 4(c)(14), Dec. 27, 2022, 136 Stat. 4355, provided that: “The amendment made by subsection (a) [amending section 103 of Puspan. L. 95–521, restated as this section] shall apply with respect to reports filed under chapter 131 of title 5, United States Code, for calendar year 2005 and each succeeding calendar year.”

Implementation of PTR Requirements Under STOCK Act

Puspan. L. 112–173, § 2, Aug. 16, 2012, 126 Stat. 1310, as amended by Puspan. L. 112–178, § 3(a), Sept. 28, 2012, 126 Stat. 1409, provided that: “Effective January 1, 2013, for purposes of implementing subsection (l) of [former] section 103 of the Ethics in Government Act of 1978 (as added by section 6 of the STOCK Act, Public Law 112–105) [see 5 U.S.C. 13105(l)], section 102(e) of such Act ([former] 5 U.S.C. App. 102(e)) [see 5 U.S.C. 13104(e)] shall apply as if the report under such subsection (l) were a report under section 101 of such Act ([former] 5 U.S.C. App. 101) [see 5 U.S.C. 13103] but only with respect to the transaction information required under such subsection (l).”

[Puspan. L. 112–178, § 3(span), Sept. 28, 2012, 126 Stat. 1409, provided that:

[“(1) Effective date.—The amendments made by subsection (a) [amending section 2 of Puspan. L. 112–173, set out above] shall take effect on January 1, 2013.

[“(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 [Puspan. L. 112–173] (5 U.S.C. App. 103 note) [now 5 U.S.C. 13105 note], as in effect on the day before the effective date under paragraph (1).”]

[Puspan. L. 112–178, § 3(c), Sept. 28, 2012, 126 Stat. 1410, provided that: “Nothing in the amendments made by subsection (a) [amending section 2 of Puspan. L. 112–173, set out above] 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 ([former] 5 U.S.C. App. 103(l)) [see 5 U.S.C. 13105(l)].”]

[Puspan. L. 112–178, § 3(d), Sept. 28, 2012, 126 Stat. 1410, provided that: “Nothing in this section [enacting and amending provisions set out as notes above] or the amendments made [by] 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 ([former] 5 U.S.C. App. 103(l)) [see 5 U.S.C. 13105(l)].”]

Transaction Reporting Requirements

Puspan. L. 112–105, § 14, Apr. 4, 2012, 126 Stat. 300, provided that: “The transaction reporting requirements established by [former] section 103(l) of the Ethics in Government Act of 1978 [see 5 U.S.C. 13105(l)], as added by section 6 of this Act, shall not be construed to apply to a widely held investment fund (whether such fund is a mutual fund, regulated investment company, pension or deferred compensation plan, or other investment fund), if—

“(1)
(A) the fund is publicly traded; or
“(B) the assets of the fund are widely diversified; and
“(2) the reporting individual neither exercises control over nor has the ability to exercise control over the financial interests held by the fund.”