---
kind: "section"
citation: "5 C.F.R. § 2634.204"
title: "5"
number: "2634.204"
heading: "Employment of sixty days or less."
url: "https://uscodex.org/cfr/5/2634.204"
---

# §2634.204. Employment of sixty days or less.

- (a) **In general.** Any public filer or nominee who, as determined by the official specified in this paragraph, is not reasonably expected to perform the duties of an office or position described in [§ 2634.201(c)](/cfr/5/2634.201.md?p=c) or [§ 2634.202](/cfr/5/2634.202.md) for more than 60 days in any calendar year will not be subject to the reporting requirements of § [2634.201(b)](/cfr/5/2634.201.md?p=b), [(c)](/cfr/5/2634.201.md?p=c), or [(e)](/cfr/5/2634.201.md?p=e). This determination will be made by:
  - (1) The designated agency ethics official or Secretary concerned, in a case to which the provisions of § [2634.201(b)](/cfr/5/2634.201.md?p=b) or [(e)](/cfr/5/2634.201.md?p=e) (relating to new entrant and termination reports) would otherwise apply; or
  - (2) The Director of the Office of Government Ethics, in a case to which the provisions of [§ 2634.201(c)](/cfr/5/2634.201.md?p=c) (relating to nominee reports) would otherwise apply.
- (b) **Alternative reporting.** Any new entrant who is exempted from filing a public financial report under [paragraph (a)](#a) of this section and who is a special Government employee is subject to confidential reporting under [§ 2634.903(b)](/cfr/5/2634.903.md?p=b). See [§ 2634.904(a)(2)](/cfr/5/2634.904.md?p=a-2).
- (c) **Exception.** If the public filer or nominee actually performs the duties of an office or position referred to in [paragraph (a)](#a) of this section for more than 60 days in a calendar year, the public report otherwise required by:
  - (1) Section [2634.201(b)](/cfr/5/2634.201.md?p=b) or [(c)](/cfr/5/2634.201.md?p=c) (relating to new entrant and nominee reports) must be filed within 15 calendar days after the sixtieth day of duty; and
  - (2) [Section 2634.201(e)](/cfr/5/2634.201.md?p=e) (relating to termination reports) must be filed as provided in that paragraph.

## Notes

### Authority

Authority: 5 U.S.C. ch. 131; 26 U.S.C. 1043; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note, as amended by sec. 31001, Pub. L. 104-134, 110 Stat. 1321 and sec. 701, Pub. L. 114-74; Pub. L. 112-105, 126 Stat. 291; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.

### Source

Source: 83 FR 33981, July 18, 2018, unless otherwise noted.