- Q. Can I still file on paper or is it mandatory to file the FD and PTR forms electronically?
-
The electronic filing system is voluntary, but strongly recommended by the Committee
on Ethics. You are still required to file, you just have the option of choosing
to file on paper or via the online reporting application. The paper forms can be
found here:
Disclosure Forms.
- Q. Can I assign a preparer for the electronic filing?
-
Yes. Up to three third party preparers can be added to your profile, which will
allow these users to prepare FD statements and PTRs. The preparer does not have
the ability to submit filings, however, so you will be required to login to review
and file your forms electronically.
- Q. What are Asset Classes?
-
Asset Classes are the investment vehicles/containers that hold underlying assets.
For example, 401(k)s, IRAs and Variable Annuities are asset classes that contain
assets (e.g., Stock, Bonds, or Mutual Funds).
- Q. Why am I required to attest that I did not receive an allocation as a part of
an Initial Public Offering?
-
Section 12 of the STOCK Act amends the Securities Exchange Act of 1934 to ban Members,
officers, and employees who file FD statements from participating in an Initial
Public Offering (IPO) in a manner “other than is available to members of the public
generally.” However, opportunities for the general public to participate in an IPO
are very limited. As a result of the ban, filers will be required to indicate whether
they purchased any shares that were allocated as part of an IPO on the FD and PTR
form. If you answer “yes” to the question because you received an IPO allocation,
please contact Committee staff.
- Q. How do I obtain an ID and Password?
-
The Office of the Clerk identifies required filers and emails or mails account information
to them. If you have not received an email about your new account, please contact
the Legislative Resource Center at (202) 226-5200.
- Q. Why am I a required filer?
-
The answer differs based on the type of filer that you are. The following individuals
are required to file Financial Disclosure Statements: Members, Officers and Employees
of the Legislative Branch who qualify as senior staff, Principal Assistants, some
Shared Employees and Congressional Candidates.
-
Members
Every Member of the House of Representatives, Delegate to Congress, and the Resident
Commissioner of Puerto Rico must file a Financial Disclosure Statement on or before
May 15 of each calendar year.
-
New Members
New Members (i.e., those sworn in between November 4, 2020, and April 15, 2021)
must file on May 15. New Members must complete Schedules A, C, D, E, F, and J.
-
Officers and Employees of the Legislative Branch
Officers and employees of the House must file if they are compensated at a certain
pay rate established by the statute. Specifically, any House officer or employee
who was compensated at or above 120 percent of the minimum pay for Executive Branch
GS-15 (the “senior staff” rate) for at least 60 days in a calendar year must file
a Financial Disclosure Statement on or before May 15 of the succeeding calendar
year, even if he or she is no longer paid at the senior staff rate. The rate triggering
disclosure was $131,239 in 2020 (In 2021, the rate is $132,552). The triggering salary is based on the individual's
"base rate of pay." It does not include: annuities paid by the United States, overtime
payments, night differential payments, locality pay adjustments, or student loan
repayment by the House. As a general rule, "lump sum payments" will not be considered
in calculating an employee's compensation for reporting purposes. (But see the Committee's
advisory memorandum of October 15, 1999, regarding inappropriate use of lump sum
payments to avoid financial disclosure requirements.) Temporary increases in pay
that are effective for at least 60 days (two pay periods) in a year may trigger
the filing requirement. If, in any two pay periods during a calendar year (whether
or not consecutive), an employee has a temporary increase in pay (such as a year-end
bonus paid in November and December) which results in the gross pay for those two
months exceeding 1/12th of the annual senior staff rate, that employee will be required
to file a Financial Disclosure Statement. For 2020, the monthly senior staff rate was $10,936 (The monthly rate for 2021 is $11,046). Thus, it is possible for an employee to be required to file a Financial
Disclosure Statement where the employee received a year-end bonus paid in November
and December, even though the employee's total salary for the year was less than
the annual senior staff rate amount.
-
Principal Assistants
Every Member office must have at least one employee who files an annual Financial
Disclosure Statement. Most offices will have at least one employee who is paid at
or above the senior staff rate (see preceding subsection) and therefore is required
to file a Statement. If a Member does not have an employee paid at or above the
senior staff rate, the Member must designate at least one current employee as a
principal assistant to file a Financial Disclosure Statement. To designate a principal
assistant, a letter which identifies the designee and is signed by the Member must
be transmitted to the Clerk of the House. Except in the case of a new Member, an
employee who has been designated as a principal assistant must have been employed
in the Member's office for more than 60 days in the calendar year covered by the
report and on the May 15 filing deadline. Neither a new employee nor a termination
report filed by an employee of the Member satisfies the requirement that at least
one person in each Member's office must file an annual FD Statement.
PLEASE NOTE: All principal assistants must file by May 15 or request an
extension by that date. Therefore, the Member's office should provide sufficient
notice to the principal assistant of their designation.
-
Shared Employees
In 2008, the Committee on House Administration adopted Committee Resolution #110-7
that requires each House employee who is employed simultaneously by three or more
offices for more than 60 days in a calendar year to file a Financial Disclosure
Statement on May 15 of the following year.
- Q. Why did I receive a PTR notice letter?
-
Each employee whose salary rises to (or above) the senior staff rate for one month receives a notification. That notification
states that if they make the senior staff rate for a second month, they are obligated
to file PTRs for any reportable transactions for the remainder of the calendar year.
- Q. What is the new order of the Schedules?
-
Form A was the form used by annual May 15 filers (Members and staff) and termination
filers. Form B was the form used by new House employees and congressional candidates.
Below is a table containing current schedule information.
Schedule Title
|
New Schedule Letter
|
Former Schedule Number
(Form A/B)
|
Assets and "Unearned" Income
|
SCHEDULE A
|
III/II
|
Transactions
|
SCHEDULE B
|
IV/-
|
Earned Income
|
SCHEDULE C
|
I/I
|
Liabilities
|
SCHEDULE D
|
V/III
|
Positions
|
SCHEDULE E
|
VIII/IV
|
Agreements
|
SCHEDULE F
|
IX/V
|
Gifts
|
SCHEDULE G
|
VI/-
|
Travel Payments and Reimbursements
|
SCHEDULE H
|
VII/-
|
Payments Made to Charity in Lieu of Honoraria
|
SCHEDULE I
|
II/-
|
Compensation in Excess of $5,000 Paid By One Source
|
SCHEDULE J
|
-/VI
|
- Q. Who do I contact for support?
-
For technical support, please contact Office of the Clerk (Legislative Resource
Center) at (202) 226-5200.
For policy and filing guidance, please contact Committee on Ethics (Office of Advice
and Education) at (202) 225-7103.