Surveillance & Privacy

Congress Delays Internet Posting Requirement for Executive Branch Financial Disclosure Forms

John Bellinger
Thursday, August 2, 2012, 7:50 PM
Last week, I posted about the national security and personal safety threats posed by Section 11 of the STOCK Act, which would have required senior executive branch officials to post their SF-278 financial disclosure forms (listing all of the debts, assets, and checking and savings account information for the officials and their spouses and dependent children) on the Internet by August 31 for the world to see.   President Obama signed the STOCK Act over the objections of departments and agencies. A group

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Last week, I posted about the national security and personal safety threats posed by Section 11 of the STOCK Act, which would have required senior executive branch officials to post their SF-278 financial disclosure forms (listing all of the debts, assets, and checking and savings account information for the officials and their spouses and dependent children) on the Internet by August 31 for the world to see.   President Obama signed the STOCK Act over the objections of departments and agencies. A group of fourteen former national security officials, including myself, wrote a letter to leaders of Congress last month urging that an exception be created for career Executive branch officials in national security positions. Congressional staff had been working on an exemption, but in the end Congressional leaders could only agree to kick the can down the road for 30 days.   This afternoon, both House and Senate passed S. 3510, which delays implementation of Section 11 until September 30, 2012.  The White House has signalled that the President will sign the bill. In the meantime, the ACLU today filed a lawsuit on behalf of the Senior Executives Association to enjoin implementation of Section 11 with respect to all executive branch officials. Although Congress could not agree on a permanent fix, the 30-day delay over the August recess should give Congress and the White House breathing room to reconsider and amend this dangerous and short-sighted provision.

John B. Bellinger III is a partner in the international and national security law practices at Arnold & Porter in Washington, DC. He is also Adjunct Senior Fellow in International and National Security Law at the Council on Foreign Relations. He served as The Legal Adviser for the Department of State from 2005–2009, as Senior Associate Counsel to the President and Legal Adviser to the National Security Council at the White House from 2001–2005, and as Counsel for National Security Matters in the Criminal Division of the Department of Justice from 1997–2001.

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