[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2634.309]

[Page 516-517]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2634_EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND 
 
                  Subpart C_Contents of Public Reports
 
Sec. 2634.309  Spouses and dependent children.

    (a) Special disclosure rules. Each report required by the provisions 
of subpart B of this part shall also include the following information 
with respect to the spouse or dependent children of the reporting 
individual:
    (1) Income. For purposes of Sec. 2634.302 of this subpart:
    (i) With respect to a spouse, the source but not the amount of items 
of earned income (other than honoraria) which exceed $1,000 from any one 
source; and if items of earned income are derived from a spouse's self-
employment in a business or profession, the nature of the business or 
profession

[[Page 517]]

but not the amount of the earned income;
    (ii) With respect to a spouse, the source and the actual amount or 
value of any honoraria received by or accrued to the spouse (or payments 
made or to be made to charity on the spouse's behalf in lieu of 
honoraria) which exceed $200 from any one source, and the date on which 
the services were provided; and
    (iii) With respect to a spouse or dependent child, the type and 
source, and the amount or value (category or actual amount, in 
accordance with Sec. 2634.302 of this subpart), of all other income 
exceeding $200 from any one source, such as investment income from 
interests in property (if the property itself is reportable according to 
Sec. 2634.301 of this subpart).

    Example 1. The spouse of a filer is employed as a teller at Bank X 
and earns $23,000 per year. The report must disclose that the spouse is 
employed by Bank X. The amount of the spouse's earnings need not be 
disclosed.
    Example 2. The spouse of a reporting individual is self-employed as 
a pediatrician. The report must disclose that he is a physician, but 
need not disclose the amount of income.

    (2) Gifts and reimbursements. For purposes of Sec. 2634.304 of this 
subpart, gifts and reimbursements received by a spouse or dependent 
child which are not received totally independent of their relationship 
to the filer.
    (3) Interests in property, transactions, and liabilities. For 
purposes of Sec. Sec. 2634.301, 2634.303, and 2634.305 of this subpart, 
all information concerning property interests, transactions, or 
liabilities referred to by those sections of a spouse or dependent 
child, unless the following three conditions are satisfied:
    (i) The filer certifies that the item represents the spouse's or 
dependent child's sole financial interest or responsibility, and that 
the filer has no specific knowledge regarding that item;
    (ii) The item is not in any way, past or present, derived from the 
income, assets or activities of the filer; and
    (iii) The filer neither derives, nor expects to derive, any 
financial or economic benefit from the item.
    Note: One who prepares a joint tax return with his spouse will 
normally derive a financial or economic benefit from assets held by the 
spouse, and will also be charged with knowledge of such items; therefore 
he could not avail himself of this exception. Likewise, a trust for the 
education of one's minor child normally will convey a financial benefit 
to the parent. If so, the assets of the trust would be reportable on a 
financial disclosure statement.
    (b) Exception. For reports filed as a new entrant, nominee, or 
candidate under Sec. 2634.201(b), (c), or (d), no information regarding 
gifts and reimbursements or transactions is required for a spouse or 
dependent child.
    (c) Divorce and separation. A reporting individual need not report 
any information about:
    (1) A spouse living separate and apart from the reporting individual 
with the intention of terminating the marriage or providing for 
permanent separation;
    (2) A former spouse or a spouse from whom the reporting individual 
is permanently separated; or
    (3) Any income or obligations of the reporting individual arising 
from dissolution of the reporting individual's marriage or permanent 
separation from a spouse.

[57 FR 11808, Apr. 7, 1992, as amended at 71 FR 28234, May 16, 2006]