[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2634.704]

[Page 532-533]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2634_EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND 
CERTIFICATES OF DIVESTITURE--Table of Contents
 
                           Subpart G_Penalties
 
Sec. 2634.704  Late filing fee.

    (a) In general. In accordance with section 104(d) of the Act, any 
reporting individual who is required to file a public financial 
disclosure report by the provisions of this part shall remit a late 
filing fee of $200 to the appropriate agency, payable to the U.S. 
Treasury, if such report is filed more than thirty days after the later 
of:
    (1) The date such report is required to be filed pursuant to the 
provisions of this part; or
    (2) The last day of any filing extension period granted pursuant to 
Sec. 2634.201(f).

[[Page 533]]

    (b) Exceptions. (1) The designated agency ethics official may waive 
the late filing fee if he determines that the delay in filing was caused 
by extraordinary circumstances, including the agency's failure to notify 
a new entrant, first-time annual filer, or termination filer of the 
requirement to file the public financial disclosure report, which made 
the delay reasonably necessary.
    (2) Employees requesting a waiver of the late filing fee from the 
designated agency ethics official must request the waiver in writing 
with supporting documentation. The designated agency ethics official's 
determination must be made in writing to the employee with a copy placed 
in the employee's public financial disclosure report file. The 
designated agency ethics official may consult with the Office of 
Government Ethics prior to approving any waiver of the late filing fee.
    (c) Procedure. (1) The designated agency ethics official shall 
maintain a record of the due dates for all public reports which the 
employees of that agency must file, along with the new filing dates 
under extensions which have been granted. Each report received by the 
agency shall be marked with the date of receipt. For any report which 
has not been received by the end of the period specified in paragraph 
(a) of this section, the agency shall advise the delinquent filer, in 
writing, that:
    (i) Because his financial disclosure report is more than thirty days 
overdue, a $200 late filing fee will become due at the time of filing, 
by reason of section 104(d) of the Act and Sec. 2634.704;
    (ii) The filer is directed to remit to the agency, with the 
completed report, the $200 fee, payable to the United States Treasury;
    (iii) If the filer fails to remit the $200 fee when filing his late 
report, it shall be subject to agency debt collection procedures; and
    (iv) If extraordinary circumstances exist that would justify a 
request for a fee waiver, pursuant to paragraph (b) of this section, 
such request and supporting documentation must be submitted immediately.
    (2) Upon receipt from the reporting individual of the $200 late 
filing fee, the collecting agency shall note the payment in its records, 
and shall then forward the money to the U.S. Treasury for deposit as 
miscellaneous receipts, in accordance with 31 U.S.C. 3302 and section 
8030.30 of Volume 1 of the Treasury Financial Manual. If payment is not 
forthcoming, agency debt collection procedures shall be utilized, which 
may include salary or administrative offset, initiation of a tax refund 
offset, or other authorized action.
    (d) Late filing fee not exclusive remedy. The late filing fee is in 
addition to other sanctions which may be imposed for late filing. See 
Sec. 2634.701 of this subpart.
    (e) Confidential filers. The late filing fee does not apply to 
confidential filers. Late filing of confidential reports will be handled 
administratively under Sec. 2634.701(d) of this subpart.
    (f) Date of filing. The date of filing for purposes of determining 
whether a public financial disclosure report is filed more than thirty 
days late under this section will be the date of receipt by the agency, 
which should be noted on the report in accordance with Sec. 
2634.605(a). The thirty-day grace period on imposing a late filing fee 
is adequate allowance for administrative delays in the receipt of 
reports by an agency.

[57 FR 11824, Apr. 7, 1992, as amended at 58 FR 38912, July 21, 1993; 67 
FR 49857, Aug. 1, 2002]