Executive Branch Financial Disclosure and Standards of Ethical Conduct Regulations
The U.S. Office of Government Ethics (OGE) is updating its executive branch regulation on financial disclosure to reflect the retroactive statutory increase of the reporting thr...
The U.S. Office of Government Ethics (OGE) is updating its executive branch regulation on financial disclosure to reflect the retroactive statutory increase of the reporting thresholds for gifts and travel reimbursements. OGE is also updating the executive branchwide standards of ethical conduct regulation to raise the widely attended gatherings nonsponsor gifts exception dollar ceiling tied to these thresholds. This latter change is not retroactive.
DATES:
Effective date:
This final rule is effective October 28, 2026.
Applicability date:
The amendments to 5 CFR 2634.304 and 2634.907 are applicable as of January 1, 2026.
The U.S. Office of Government Ethics (OGE) is amending pertinent sections of its executive branchwide ethics regulations on financial disclosure and standards of ethical conduct, as codified at 5 CFR parts 2634 and 2635, in order to update the thresholds for gifts and travel reimbursements, as well as the widely attended gatherings nonsponsor gifts exception dollar ceiling.
Increased Gifts and Travel Reimbursements Reporting Thresholds
First, OGE is revising its executive branch financial disclosure regulation at 5 CFR part 2634 to reflect the increased reporting thresholds for gifts, reimbursements, and travel expenses for both the public and confidential executive branch financial disclosure systems. The increased thresholds are applicable as of January 1, 2026. These increases conform to the statutorily mandated public disclosure reporting thresholds under the Ethics in Government Act as amended, 5 U.S.C. 13104(a)(2)(A) and (B), and are extended to confidential disclosure reporting by OGE's regulation. Under the Ethics in Government Act, the gifts and travel reimbursements reporting thresholds are tied to the dollar amount for the “minimal value” threshold for foreign gifts as the General Services Administration (GSA) periodically redefines it.
GSA raised the “minimal value” amount under the Foreign Gifts and Decorations Act, 5 U.S.C. 7342, to $525 for the three-year period 2026-2028 (from the prior level of $480) in a December 29, 2025, Federal Management Regulation Bulletin. See Gen. Servs. Admin., GSA Bull. FMR B-2025-01, Foreign Gifts and Decorations Minimal Value (2025) (revising, effective January 1, 2026, the foreign gifts minimal value definition as codified at 41 CFR 102-42.10).
Accordingly, applicable as of January 1, 2026, OGE is increasing the thresholds for reporting of gifts and travel reimbursements from any one source in 5 CFR 2634.304 and 2634.907(g). The thresholds have been raised to “more than $525” for the gifts and travel reimbursements aggregation thresholds and “$210 or less” for the de minimis exception for gifts and travel reimbursements that do not have to be aggregated. As noted, these regulatory increases implement the underlying statutory increases effective January 1, 2026. OGE is also updating the examples following those sections, including appropriate adjustments to gift values.
OGE will continue to adjust the gifts and travel reimbursements reporting thresholds in its part 2634 regulation in the future as needed in light of GSA's redefinition of “minimal value” every three years for foreign gifts purposes. See OGE's prior three-year adjustment of those regulatory reporting thresholds, as published at 88 FR 37753 (June 9, 2023) (for 2023-2025, the aggregate reporting thresholds were more than $480, with a $192 or less de minimis exception).
Increased Dollar Ceiling for the Exception for Nonsponsor Gifts of Free Attendance at Widely Attended Gatherings
OGE is also increasing the exception ceiling for nonsponsor gifts of free attendance at widely attended gatherings from $480 to $525 in the executive branch standards of ethical conduct regulation, as codified at 5 CFR 2635.204(g)(3) (and as illustrated in the examples following paragraph (g)). This separate regulatory change is effective upon publication in the
Federal Register
, on October 28, 2026. As OGE noted in the preambles to the proposed and final rules on such nonsponsor gifts, that ceiling is tied to the financial disclosure gifts reporting threshold. See 60 FR 31415 (June 15, 1995) and 61 FR 42965 (Aug. 20, 1996). Thus, OGE is again increasing the nonsponsor gift ceiling to match the further increase in the gifts and travel reimbursements reporting thresholds described above. The nonsponsor gift ceiling was last raised in June 2023. See 88 FR 37753 (June 9, 2023). The other requirements for acceptance of such nonsponsor gifts, including an agency interest determination and expected attendance by more than 100 persons, remain unchanged.
II. Other Technical Changes
Designation of Notes and Examples
OGE is designating various notes and examples in §§ 2634.304 and 2634.907. The designation of those notes and examples are technical amendments involving no substantive changes to the regulations.
III. Matters of Regulatory Procedure
Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(A) and (B), as Acting Director of the Office of Government Ethics, I find that good cause exists for waiving the general notice of proposed rulemaking and public comment procedures as to these technical amendments. The notice and comment procedures are being waived because these amendments concern
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matters of agency organization, procedure, and practice. Further, notice and comment is unnecessary because these are technical amendments unlikely to be of significant interest to the public. Finally, it is also in the public interest that the accurate and up-to-date information be contained in the affected sections of OGE's regulations as soon as possible. The increase in the reporting thresholds for gifts and reimbursements is based on a statutory formula and lessens the reporting burden. Therefore, that regulatory revision is retroactively applicable as of January 1, 2026, when the change became effective under the Ethics in Government Act. For the reasons described above, this rule may take immediate effect pursuant to 5 U.S.C. 553(d)(1) and (d)(3).
Regulatory Flexibility Act
As the Acting Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this final rule would not have a significant economic impact on a substantial number of small entities because it primarily affects current Federal executive branch employees.
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this regulation does not contain information collection requirements that require approval of the Office of Management and Budget.
Unfunded Mandates Reform Act
For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 25, subchapter II), this final rule would not significantly or uniquely affect small governments and will not result in increased expenditures by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (as adjusted for inflation) in any one year.
Congressional Review Act
The Office of Information and Regulatory Affairs has found that this amendatory rulemaking does not meet the criteria for a major rule under the Congressional Review Act (5 U.S.C. 804(2)). The Office of Government Ethics will submit a report thereon to the U.S. Senate, House of Representatives and Government Accountability Office in accordance with that law at the same time this rulemaking document is sent to the Office of the Federal Register for publication in the
Federal Register
.
Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select the regulatory approaches that maximize net benefits (including economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. In promulgating this rulemaking, OGE has adhered to the regulatory philosophy and the applicable principles of regulation set forth in Executive Orders 12866 and 13563. The rule has not been reviewed by the Office of Management and Budget because it is not a significant regulatory action for the purposes of Executive Order 12866.
As Acting Director of the Office of Government Ethics, I have reviewed this rule in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein.
(a)
Gifts.
Except reports required under § 2634.201(f) and as indicated in § 2634.310(b), each financial disclosure report filed pursuant to this subpart must contain the identity of the source, a brief description, and the value of all gifts aggregating more than $525 in value which are received by the filer during the reporting period from any one source. For in-kind travel-related gifts, include a travel itinerary, dates, and nature of expenses provided.
Note 1 to paragraph (a):
Under the Ethics in Government Act, 5 U.S.C. 13104(a)(2)(A) and (B), the reporting thresholds for gifts, reimbursements, and travel expenses are tied to the dollar amount for the “minimal value” threshold for foreign gifts established by the Foreign Gifts and Decorations Act, 5 U.S.C. 7342(a)(5). The General Services Administration (GSA), in consultation with the Secretary of State, redefines the value every 3 years. As of 2026, the amount was set at $525. In paragraph (d) of this section, the Office of Government Ethics sets the aggregation exception amount and redefines the value every 3 years. As of 2026, the amount was set at $210. The Office of Government Ethics will update this part in 2029 and every three years thereafter to reflect the new amounts.
(b)
Reimbursements.
Except as indicated in §§ 2634.309 and 2634.310(b), each financial disclosure report filed pursuant to this subpart must contain the identity of the source, a brief description (including a travel itinerary, dates, and the nature of expenses provided), and the value of any travel-related reimbursements aggregating more than $525 in value, which are received by the filer during the reporting period from any one source. The filer is not required to report travel reimbursements received from the filer's non-Federal employer.
* * * * *
(d)
Aggregation exception.
Any gift or reimbursement with a fair market value of $210 or less need not be aggregated for purposes of the reporting rules of this section. However, the acceptance of gifts, whether or not reportable, is subject to the restrictions imposed by
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Executive Order 12674, as modified by Executive Order 12731, and the implementing regulations on standards of ethical conduct.
Example 1:
An official accepts a print, a pen and pencil set, and a letter opener from a community service organization he has worked with solely in his private capacity. He determines, in accordance with paragraph (e) of this section, that these gifts are valued as follows: Gift 1—Print: $310; Gift 2—Pen and pencil set: $225; Gift 3—Letter opener: $20. The official must disclose Gifts 1 and 2, since together they aggregate more than $525 in value from the same source. Gift 3 need not be aggregated, because its value does not exceed $210.
Example 2:
An official receives the following gifts from a single source: 1. Dinner for two at a local restaurant—$200. 2. Round-trip taxi fare to meet donor at the restaurant—$25. 3. Dinner at donor's city residence—(value uncertain). 4. Round-trip airline transportation and hotel accommodations to visit Epcot Center in Florida—$600. 5. Weekend at donor's country home, including duck hunting and tennis match—(value uncertain). Based on the minimal value threshold established as of 2026, the official need only disclose Gift 4. Gift 1 falls within the exclusion in § 2634.105(h)(4) for food and beverages not consumed in connection with a gift of overnight lodging. Gifts 3 and 5 need not be disclosed because they fall within the exception for personal hospitality of an individual. Gift 2 need not be aggregated and reported, because its value does not exceed $210.
Example 3:
A non-Federal organization asks an official to speak at an out-of-town meeting on a matter that is unrelated to her official duties and her agency. She accepts the invitation and travels on her own time to the event. The round-trip airfare costs $600. Based on the minimal value threshold established as of 2026, the official must disclose the value of the plane ticket whether the organization pays for the ticket directly or reimburses her for her purchase of the ticket.
* * * * *
(f) * * *
(1) * * *
Example 1 to paragraph (f)(1):
The Secretary of Education and her spouse receive the following two wedding gifts: (A) A crystal decanter valued at $540 from the Secretary's former college roommate and lifelong friend, who is a real estate broker in Wyoming; and (B) A gift of a print valued at $560 from a business partner of the spouse, who owns a catering company. Under these circumstances, the Director of OGE may grant a request for a waiver of the requirement to report on a public financial disclosure report each of these gifts.
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3. Amend § 2634.907 by:
a. Designating the note to paragraph (b)(2) as Note 1 to paragraph (b)(2);
b. Designating the example to paragraphs (b)(1) and (b)(3) as Example 1 to paragraphs (b)(1) and (b)(3);
c. Designating the note to paragraphs (c)(1) and (c)(2) as Note 2 to paragraphs (c)(1) and (c)(2);
d. Designating the note to paragraphs (c)(3)(vii) through (ix) as Note 3 to paragraphs (c)(3)(vii) through (ix);
e. Designating examples 1 and 2 following paragraph (c) as Examples 1 and 2 to paragraph (c);
f. Designating the example following paragraph (d) as Example 1 to paragraph (d);
g. Designating examples 1 through 8 following paragraph (e) as Examples 1 through 8 to paragraph (e);
h. Designating the note to paragraph (f)(4) as Note 4 to paragraph (f)(4);
i. Designating examples 1 through 3 following paragraph (f) as Examples 1 through 3 to paragraph (f);
j. Revising paragraphs (g)(1) and (g)(2);
k. Designating the note to paragraph (g)(2) as Note 5 to paragraph (g)(2) and revising the newly designated note;
l. Revising Example 1 to paragraph (g);
m. Designating the example to paragraph (h)(1) as Example 1 to paragraph (h)(1);
n. Designating the example following paragraph (h)(5) as Example 1 to paragraph (h)(5);
o. Designating the note to paragraph (h)(6) as Note 6 to paragraph (h)(6);
p. Designating the example following paragraph (h)(6) as Example 1 to paragraph (h)(6);
q. Designating the note to paragraph (i)(1) as Note 7 to paragraph (i)(1); and
r. Designating the note to paragraph (i)(3) as Note 8 to paragraph (i)(3).
(1)
Disclosure of Gifts and Travel Reimbursements.
Each annual financial disclosure report filed pursuant to this subpart must contain a brief description of all gifts and travel reimbursements aggregating more than $525 in value which are received by the filer during the reporting period from any one source, as well as the identity of the source. For travel-related items, the report must include a travel itinerary, the dates, and the nature of expenses provided. Special government employees are not required to report the travel reimbursements received from their non-Federal employers.
(2)
Aggregation exception.
Any gift or travel reimbursement with a fair market value of $210 or less need not be aggregated for purposes of the reporting rules of this section. However, the acceptance of gifts, whether or not reportable, is subject to the restrictions imposed by Executive Order 12674, as modified by Executive Order 12731, and the implementing regulations on standards of ethical conduct.
Note 5 to paragraph (g)(2):
The Office of Government Ethics sets these amounts every 3 years using the same disclosure thresholds as those for public financial disclosure filers. As of 2026, the reporting thresholds were set at $525 and the aggregation threshold was set at $210. The Office of Government Ethics will update this part in 2029 and every three years thereafter to reflect the new amounts.
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(5) * * *
Example 1 to paragraph (g):
A filer accepts a laptop bag, a t-shirt, and a cell phone from a community service organization he has worked with solely in his private capacity. He determines that the value of these gifts is: Gift 1—Laptop bag: $230; Gift 2—T-shirt: $20; Gift 3—Cell phone: $340. The filer must disclose Gift 1 and Gift 3 because, together, they aggregate more than $525 in value from the same source. He need not aggregate or report Gift 2 because the gift's value does not exceed $210.
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PART 2635—STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH
4. The authority citation for part 2635 continues to read as follows:
Exceptions to the prohibition for acceptance of certain gifts.
* * * * *
(g) * * *
(3) * * *
(iv) If a person other than the sponsor of the event invites or designates the employee as the recipient of the gift of free attendance and bears the cost of that gift, the event is expected to be attended by more than 100 persons, and
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the value of the gift of free attendance does not exceed $525.
* * * * *
Example 1 to paragraph (g):
An aerospace industry association that is a prohibited source sponsors an industry-wide, two-day seminar for which it charges a fee of $800 and anticipates attendance of approximately 400. An Air Force contractor pays $4,000 to the association so that the association can extend free invitations to five Air Force officials designated by the contractor. The Air Force officials may not accept the gifts of free attendance because the contractor, rather than the association, provided the cost of their attendance; the contractor designated the specific employees to receive the gift of free attendance; and the value of the gift exceeds $525 per employee.
* * * * *
Example 4 to paragraph (g):
An employee of the Department of Transportation is invited by a news organization to an annual press dinner sponsored by an association of press organizations. Tickets for the event cost $525 per person and attendance is limited to 400 representatives of press organizations and their guests. If the employee's attendance is determined to be in the interest of the agency and the agency designee provides a written authorization, the employee may accept the invitation from the news organization because more than 100 persons will attend and the cost of the ticket does not exceed $525. However, if the invitation were extended to the employee and an accompanying guest, the employee's guest could not be authorized to attend for free because the market value of the gift of free attendance would exceed $525.
5 CFR 2634.304
5 U.S.C. 13104(a)(2)(A)