WASHINGTON – This morning, Congressman Byron Donalds (R-FL) took corrective action to address the Biden administration's lack of transparency and abuse of foreign gift disclosure guidelines.
The "Gift Accountability, Reporting, and Disclosures Act" is the 11th piece of legislation introduced by Congressman Donalds during the 119th Congress, is co-led by Congressman Jared Golden (D-ME), and has received the support of Public Citizen; Government Information Watch; Concerned Veterans of America; Foundation for Government Accountability Action; and Citizens for Responsibility and Ethics in Washington.
Currently, foreign gifts are regulated by 5 U.S.C. §7342, the "Foreign Gifts and Decorations Act." This law prohibits U.S. Government employees from soliciting foreign gifts and discourages the acceptance of unsolicited foreign gifts except where refusal might embarrass the donor or adversely affect U.S. foreign relations. For over 50 years, the Government Accountability Office (GAO), the House Committee on Foreign Affairs, the U.S. Office of Government Ethics (OGE), and the House Committee on Oversight and Reform have each identified inconsistent compliance, collection, and reporting of foreign gifts by federal government employees.
Specifically, the "GARD Act" utilizes the existing structure of OGE forms 278e and 450 Part 9 to finally resolve these reporting inconsistencies and prevent the appearance of undue foreign influence by promoting gift transparency and government accountability.
Gift Reporting Procedure Under 5U.S.C.§7342:
Federal employee receives foreign gift on behalf of the United States
Within 60 days, the employee submits gift to employing agency
Employee reports: (A) Donor, (B) Date, (C) Value, (D) Brief Description, (E) Disposition if known
Employing agency reviews and submits employee gift lists to the Department of State Chief of Protocol
Department of State reviews and publishes to the Federal Register with no deadline and at will
Changes in Gift Reporting Procedure Under the "GARD Act":
Federal employee receives foreign gift on behalf of the United States
Within 60 days, the employee submits gift to employing agency
Employee reports: (A) Donor, (B) Date, (C) Value, (D) Description, (E) Specific Disposition on OGE Form 278e / 450 Part 9
Employing agency reviews and submits OGE Form 278e / 450 Part 9 to the OGE and sends a copy to the Secretary of State
Department of State reviews and publishes to the Federal Register within 30 days of May 15th of the filing year