GARD Act
- Bill Number
- H.R. 2291
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-03-24: Referred to the House Committee on Oversight and Government Reform.
- Last Updated
- 2025-05-09T16:01:44Z
AI-Generated Summary
Purpose
The Gift Accountability, Reporting, and Disclosures Act (GARD Act), or H.R. 2291, aims to strengthen transparency and accountability in how federal employees, officers, and certain candidates handle foreign gifts and decorations. It updates reporting requirements to prevent conflicts of interest and ensure public oversight of these items, which are often given by foreign governments or officials.
Key Provisions
- Expanded Coverage: Applies to a broader group, including federal employees, officers, and candidates for President, Vice President, or Congress (as defined under federal election law). It also covers gifts from non-U.S. citizens, permanent residents, or foreign entities.
- Prohibitions and Exceptions: Bans accepting gifts from "countries of concern" (designated by the Secretary of State). Allows retention for official use or other dispositions like purchase by the recipient or transfer to agencies.
- Reporting Requirements: Agencies must compile and submit annual statements to the Office of Government Ethics (OGE) and the Department of State by May 15 (changed from January 31). Statements must include details like the gift's description, value (based on fair market estimates), source, and disposition (e.g., retained for official use or deposited with the National Archives).
- Public Access and Tracking: Requires agencies to create systems for public online access to these listings, similar to financial disclosure reports. Includes tracking numbers for gifts transferred to the General Services Administration.
- Enforcement Measures: Imposes a $200 late fee for statements filed more than 30 days late, with waivers possible for good cause. Agencies coordinate with OGE for compliance.
- Application: Changes apply to statements due within 30 days of enactment; full system adaptations required within 120 days.
Significant Changes to Existing Law
- Who Reports: Adds political candidates to the list of covered individuals and expands "foreign" to explicitly include non-U.S. persons or entities. Redefines family members (from "dependents" to "relatives" under ethics laws).
- Oversight Bodies: Involves OGE alongside the Department of State and adds ethics committees for congressional candidates. The Federal Election Commission handles presidential and congressional candidates, with exceptions for serving members.
- Deadlines and Details: Shifts reporting deadline to May 15, requires more precise value estimates and disposition descriptions, and mandates full submission within 30 days. Removes "brief" summaries for better detail.
- Redactions and Fees: Changes "delete" to "redact" for sensitive info in public reports. Introduces late fees and requires public access systems, which were not previously mandated.
Potential Impacts
- On Government Agencies: Increases administrative workload for compiling, tracking, and submitting reports; requires IT updates for public access. Enhances ethics compliance but may strain resources in smaller agencies.
- On Citizens: Improves public transparency into potential influences on officials, allowing scrutiny of foreign gifts without revealing sensitive personal data (via redactions). No direct impact on everyday citizens, but could build trust in government.
- On International Relations: May deter aggressive gifting from foreign entities, especially "countries of concern," potentially affecting diplomatic exchanges. Could signal stronger U.S. ethics standards abroad.
Main Stakeholders Affected
- Federal Employees and Officers: Must report gifts more comprehensively and face late fees for non-compliance.
- Political Candidates: Newly required to report, particularly for high-level offices, under ethics committee or election commission oversight.
- Government Agencies: Responsible for compilation, submission, enforcement, and public access systems; includes OGE, Department of State, General Services Administration, and congressional ethics committees.
- Foreign Governments and Entities: Indirectly affected as their gifts face stricter tracking and potential bans from certain countries.
Notable Legal, Constitutional, or Political Implications
- Legal: Aligns with existing ethics laws (e.g., Title 5 and election statutes) by closing reporting gaps, but introduces enforceable fees that could lead to internal agency disputes over waivers. Ensures consistency in gift handling without altering core constitutional separation of powers.
- Constitutional: No direct challenges, as it regulates executive and legislative conduct under Congress's authority over federal operations; public access promotes First Amendment transparency without infringing on privacy (via redactions).
- Political: Boosts accountability for elected officials and candidates, potentially reducing perceptions of foreign influence in politics. Could spark debates on administrative burdens versus ethics gains, especially during election cycles, but remains neutral on partisan lines by applying broadly.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Rep. Golden, Jared F. [D-ME-2]
Recent Actions
- 2025-03-24: Referred to the House Committee on Oversight and Government Reform.
- 2025-03-24: Introduced in House
- 2025-03-24: Introduced in House
Bill Versions
- Gift Accountability, Reporting, and Disclosures Act — issued 2025-03-24 — PDF (8 pages)