5 U.S.C. § 13106 — Failure to file or filing false reports
submitted 4 years ago by Pub. L. 117-286 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 514 words · no verdicts yet
The Attorney General can sue anyone who knowingly and willfully lies on a disclosure report. The penalty can reach $50,000. Lying is also a crime, with fines and up to a year in prison. Failing to file is punished by a fine alone. Late filers must also pay a $200 fee, unless it's waived.
(a) Violation — (1) Civil actions: the Attorney General may sue, in the right U.S. district court, anyone who knowingly and willfully falsifies information they must report under section 13104, or who knowingly and willfully fails to file or report it. The court may fine that person up to $50,000 in civil penalties. (2) Violations and penalties: (A) It is unlawful to knowingly and willfully (i) falsify required section 13104 information, or (ii) fail to file or report required section 13104 information. (B) Penalties: someone who (i) falsifies information faces a fine under title 18, up to 1 year in prison, or both; someone who (ii) fails to file or report faces a fine under title 18.
(b) Referral to Attorney General — The head of each agency, each Secretary concerned, the Director of the Office of Government Ethics, each congressional ethics committee, or the Judicial Conference* must refer to the Attorney General the name of anyone they have reasonable cause to believe willfully failed to file, or willfully falsified or failed to report, required information. When the Judicial Conference makes such a referral, it must also notify the judicial council of the circuit where that person serves.
(c) Personnel Action — The President, the Vice President, the Secretary concerned, each agency head, the Office of Personnel Management, a congressional ethics committee, or the Judicial Conference may take appropriate personnel or other action, under applicable law or regulation, against anyone who fails to file or who falsifies or fails to report required information.
(d) Late Fees — (1) In general: anyone who files a required report more than 30 days after (A) the report's normal deadline, or (B) the end of an approved filing extension under section 13103(g) — whichever is later — must pay a $200 filing fee, as the supervising ethics office directs under its regulations. All these fees go into the Treasury's miscellaneous receipts. In the executive branch*, the supervising ethics office may delegate this fee-directing authority to other executive agencies. (2) Waiver: the supervising ethics office may waive this filing fee in extraordinary circumstances.
The Attorney General may bring a civil action in any appropriate United States district court against any individual who knowingly and willfully falsifies or who knowingly and willfully fails to file or report any information that such individual is required to report pursuant to section 13104 of this title. The court in which such action is brought may assess against such individual a civil penalty in any amount, not to exceed $50,000.
It shall be unlawful for any person to knowingly and willfully—
falsify any information that such person is required to report under section 13104 of this title; and
fail to file or report any information that such person is required to report under section 13104 of this title.
Any person who—
violates subparagraph (A)(i) shall be fined under title 18, imprisoned for not more than 1 year, or both; and
violates subparagraph (A)(ii) shall be fined under title 18.
The head of each agency, each Secretary concerned, the Director of the Office of Government Ethics, each congressional ethics committee, or the Judicial Conference*, as the case may be, shall refer to the Attorney General the name of any individual which such official or committee has reasonable cause to believe has willfully failed to file a report or has willfully falsified or willfully failed to file information required to be reported. Whenever the Judicial Conference refers a name to the Attorney General under this subsection, the Judicial Conference also shall notify the judicial council of the circuit in which the named individual serves of the referral.
The President, the Vice President, the Secretary concerned, the head of each agency, the Office of Personnel Management, a congressional ethics committee, and the Judicial Conference, may take any appropriate personnel or other action in accordance with applicable law or regulation against any individual failing to file a report or falsifying or failing to report information required to be reported.
Any individual who files a report required to be filed under this subchapter more than 30 days after the later of—
the date such report is required to be filed pursuant to the provisions of this subchapter and the rules and regulations promulgated under this subchapter; or
if a filing extension is granted to such individual under section 13103(g) of this title, the last day of the filing extension period,
shall, at the direction of and pursuant to regulations issued by the supervising ethics office, pay a filing fee of $200. All such fees shall be deposited in the miscellaneous receipts of the Treasury. The authority under this paragraph to direct the payment of a filing fee may be delegated by the supervising ethics office in the executive branch* to other agencies in the executive branch.
The supervising ethics office may waive the filing fee under this subsection in extraordinary circumstances.
Source credit: (Pub. L. 117–286, § 3(c), Dec. 27, 2022, 136 Stat. 4288.)
- 2022Enacted · Pub. L. 117-286 · 136 Stat. 4288
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-286 on 2022-12-27.
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