The GARD Act increases transparency in the acceptance and disposal of gifts from foreign entities by federal employees and candidates, imposing stricter reporting requirements and prohibiting gifts from countries of concern.
Byron Donalds
Representative
FL-19
The GARD Act updates the rules for federal employees, presidential and vice presidential candidates, and congressional member candidates regarding the acceptance and reporting of gifts from foreign entities. It broadens the scope of who must report gifts, prohibits gifts from countries of concern, and changes reporting deadlines and content. The Act also mandates public accessibility of gift listings and imposes late fees for non-compliance.
GARD Act Expands Foreign Gift Reporting for Feds and Candidates, Adds $200 Late Fee and Public Disclosure Rule
The Gift Accountability, Reporting, and Disclosures Act (GARD Act) updates the playbook for how federal employees handle gifts from foreign sources, as outlined in SEC. 2. It broadens the scope significantly, now requiring not just current federal employees but also candidates running for President, Vice President, or Congress to report these gifts. The definition of who can give a reportable gift also expands to include nearly any non-U.S. citizen or foreign entity. The core purpose is to increase transparency around potential foreign influence.
Who's Reporting What Now?
This bill casts a wider net on gift reporting. If you're running for federal office, you're now on the hook for reporting foreign gifts, just like current officials. The type of gift-giver covered is also broader – think individuals who aren't citizens or permanent residents, or companies not based in the U.S. The annual reporting deadline shifts from January 31st to May 15th, and agencies need to get these reports within 30 days of that date. What needs reporting gets more specific too: expect to see the estimated fair market value listed, along with tracking numbers if the gift ends up with the Government Services Administration (GSA). A major transparency push mandates that agencies must make these gift lists publicly accessible online within 120 days of the Act passing, similar to how financial disclosures are handled now.
Strings Attached: New Rules and Penalties
The GARD Act introduces some hard lines. Notably, it prohibits accepting gifts from 'countries of concern,' a designation determined by the Secretary of State – though how this list gets decided isn't detailed in the bill itself. Miss the reporting deadline by more than 30 days? There's a new $200 late fee, although agencies can waive it if you have a good reason. The process for redacting sensitive info from public reports now involves the Office of Government Ethics (OGE), replacing simple deletion with redaction. Each agency also needs to work with OGE to set clear guidelines on what happens to gifts after they're received.
The Real-World Ripple Effect
So what does this mean practically? For federal officials and candidates, it means more scrutiny and paperwork regarding gifts from abroad. For the public, it promises a clearer window into potential foreign influence through accessible online gift registries. However, some areas remain a bit fuzzy. Determining the 'fair market value' of unique gifts can be tricky, and the power to label 'countries of concern' rests solely with the Secretary of State. While the $200 late fee might seem small, it could still be a pinch for lower-paid staff navigating new rules. Ultimately, the GARD Act aims to tighten ethics rules and boost public trust by shedding more light on foreign gifts in Washington.