§ 2635.1007 Reporting requirements. ( a ) *Quarterly reports.* An employee beneficiary must file quarterly reports that include the following information until the trust is terminated or an employment termination report is filed as set forth in paragraph (d) of this section. ( 1 ) *Contributions.* For contributions of $250 or more during the quarterly reporting period, an employee beneficiary must report the donor's name, city and state of residence, employer, date(s) of contribution, and contribution amount. For the report due January 30, an employee beneficiary must also disclose contributions from a single donor of $250 or more for the prior calendar year unless the contributions have been disclosed on a prior quarterly report.
( 2 ) *Distributions.* For distributions of $250 or more during the quarterly reporting period, an employee beneficiary must report the payee's name, date(s) of distribution, amount, and purpose of the distribution. For the report due January 30, an employee beneficiary must also disclose distributions to a single source of $250 or more for the prior calendar year unless the distributions have been disclosed on a prior quarterly report.
( b ) *Filing of reports.* ( 1 ) The employee beneficiary must file all reports required in this section with the designated agency ethics official at the agency where the employee beneficiary is employed. The trustee or a representative of the employee beneficiary may file a report on behalf of the employee beneficiary.
( 2 ) An employee beneficiary who is an anonymous whistleblower may choose to file reports anonymously through the employee beneficiary's trustee or representative with the Office of Government Ethics. The Office of Government Ethics will not receive reports containing classified material; if needed, an OGE employee with a security clearance will review any classified documents in a secure agency space, consistent with the current practice for other ethics documents containing classified material.
( c ) *Reporting periods and due dates.* Quarterly reports must cover the following reporting periods and comply with the following due dates: ( 1 ) January 1 to March 31, with the report due on April 30.
( 2 ) April 1 to June 30, with the report due on July 30.
( 3 ) July 1 to September 30, with the report due on October 30.
( 4 ) October 1 to December 31, with the report due on January 30 of the following year.
( 5 ) If the scheduled due date falls on a Saturday, Sunday or Federal Holiday, the report will instead be due the next business day.
( d ) *Employment termination report.* If the employee beneficiary is leaving executive branch employment, the employee beneficiary must file an employment termination report no later than their last day of employment. No contributions may be accepted for or distributions paid by the legal expense fund between the date of the filing and the employee beneficiary's termination date. The report must include the following: ( 1 ) A report of contributions received and distributions made as required by paragraph (a) of this section between the end of the last quarterly reporting period and the date of the report; and
( 2 ) A statement as to whether the trust will be terminated or remain in force after the employee beneficiary terminates their executive branch employment.
( e ) *Extensions.* For each quarterly report, a single extension of 30 calendar days may be granted by the employee beneficiary's designated agency ethics official, or the Director of the Office of Government Ethics if filing with the Office of Government Ethics, for good cause upon written request by the employee beneficiary or the trustee.
( f ) *Review of reports.* ( 1 ) *Designated agency ethics official review.* The designated agency ethics official must review reports within 30 calendar days of filing. ( i ) *Standard for review.* The designated agency ethics official will review the report to determine that: ( A ) The information required under paragraph (a) of this section is reported for each contribution and distribution; and
( B ) Contributions to and distributions from the trust are in compliance with § 2635.1006.
( ii ) *Transmission of reports to the Office of Government Ethics.* Following review, all reports must be forwarded in unclassified format to the Office of Government Ethics within seven calendar days.
( iii ) *Office of Government Ethics review for anonymous whistleblowers.* The Office of Government Ethics will serve as the reviewing authority for anonymous whistleblowers who choose to file reports anonymously with the Office of Government Ethics only.
( 2 ) *Office of Government Ethics review.* Following review by the designated agency ethics official, the Office of Government Ethics will conduct a secondary review of the reports of the employee beneficiaries listed in paragraph (f)(2)(ii) of this section within 30 calendar days of receipt. ( i ) *Standard for review.* The Office of Government Ethics will review the report to determine whether it conforms to the requirements established by this subpart. If defects are ascertained, the Office of Government Ethics will bring them to the attention of the reviewing agency and the employee beneficiary or the employee beneficiary's trustee or representative, who will have 30 calendar days to take necessary corrective action.
( ii ) *Employee beneficiaries requiring secondary Office of Government Ethics review.* The Office of Government Ethics will review the reports of the following employee beneficiaries: ( A ) The Postmaster General;
( B ) The Deputy Postmaster General;
( C ) The Governors of the Board of Governors of the United States Postal Service;
( D ) Employees of the White House Office and the Office of the Vice President; and
( E ) Officers and employees in offices and positions which require confirmation by the Senate, other than members of the uniformed services and Foreign Service Officers below the rank of Ambassador.
( 3 ) *Review for designated agency ethics official.* When the employee beneficiary is a designated agency ethics official, the Office of Government Ethics will conduct the sole review. OGE will review the report to determine that: ( i ) The information required under paragraph (a) of this section is reported for each contribution and distribution; and
( ii ) Contributions to and distributions from the trust are in compliance with § 2635.1006.
( g ) *Public access.* Quarterly and employment termination reports will be made available by the Office of Government Ethics to the public on its website within 30 calendar days of receipt. The reports will be sortable by employee beneficiary's name, agency, and position, as well as type of document and document date. Quarterly and employment termination reports that are made available to the public by the Office of Government Ethics will not include any information that would identify individuals whose names or identities are otherwise protected from public disclosure by law. The reports filed by anonymous whistleblowers will not be made available to the public.
( h ) *Noncompliance.* ( 1 ) *Receipt of impermissible contributions.* If the legal expense fund receives a contribution that is not permissible under § 2635.1006, the contribution must be returned to the donor as soon as practicable but no later than the next reporting due date as described in paragraph (c) of this section. If the donation cannot be returned to the donor due to the donor's death or the trustee's inability to locate the donor, then the contribution must be donated to a 501(c)(3) organization meeting the requirements in § 2635.1008(c).
( 2 ) *Late filing of required documents and reports.* If a report or other required document is filed after the due date, the employee beneficiary forfeits the ability to accept contributions or make distributions through the trust until the report or other required document is filed. *Example 1 to paragraph (h)(2):* A Department of Labor employee establishes a legal expense fund in accordance with this subpart. Because the employee filed the trust document on February 15, the first quarterly report is due on April 30. However, the employee did not submit the first quarterly report until May 15. The employee is prohibited from accepting contributions or making distributions through the trust from May 1 until May 15. Once the employee files the quarterly report, the employee may resume accepting contributions and making distributions.
( 3 ) *Continuing or other significant noncompliance.* In addition to the remedies in paragraphs (h)(1) and (2) of this section, the Office of Government Ethics has the authority to determine that an employee beneficiary may not accept contributions and make distributions through the trust or terminate the trust if there is continuing or other significant noncompliance with this subpart.