Why It Matters
Federal executive branch employees who file financial disclosure reports must now report gifts and travel reimbursements only when they aggregate more than $525 from any one source per reporting period, subject to applicable exceptions, under a final rule the Office of Government Ethics (OGE) published Oct. 28.
The financial disclosure changes apply retroactively to Jan. 1, meaning filers who received gifts or travel reimbursements earlier in the year are governed by the new thresholds. OGE says the increases conform to a statutory mandate under the Ethics in Government Act, 5 U.S.C. 13104(a)(2)(A) and (B), triggered when the General Services Administration (GSA) raised its "minimal value" amount for foreign gifts to $525 for 2026-2028 in GSA Bulletin FMR B-2025-01, issued Dec. 29, 2025.
The Big Picture
The prior thresholds, a reporting level of more than $480 in aggregate and a $192 de minimis exception, were set by a June 9, 2023, rule and governed the 2023-2025 period. The new rule raises the aggregate gift and reimbursement reporting threshold by $45 to more than $525 and raises the per-item de minimis exception by $18 to $210 or less. Individual gifts and reimbursements valued at $210 or less do not need to be counted toward the aggregate reporting threshold. OGE issued the final rule effective immediately on Oct. 28, waiving notice-and-comment rulemaking, so there is no public comment period.
What Changes for Filers
Under 5 C.F.R. § 2634.304, public financial disclosure filers must report the identity of the source, a description, and the value of gifts aggregating more than $525 from any one source per reporting period, along with travel reimbursements exceeding the same threshold. Under 5 C.F.R. § 2634.907, confidential filers face the same $525 aggregate threshold and $210 aggregation exception. Special government employees are not required to report travel reimbursements from their nonfederal employers.
The separate increase in the ceiling for nonsponsor gifts of free attendance at widely attended gatherings, from $480 to $525, is not retroactive and applies only from Oct. 28 forward. Other conditions for accepting such gifts, including an agency interest determination and expected attendance of more than 100 people, remain unchanged. The higher disclosure thresholds also do not alter existing restrictions on accepting gifts.
The Law Now and After
The amended text of 5 C.F.R. § 2634.304 reflects the new $525 gift reporting threshold and $210 aggregation exception. Note 1 to paragraph (a) explains the statutory link: The thresholds are tied to GSA's minimal-value amount under the Foreign Gifts and Decorations Act, 5 U.S.C. 7342(a)(5), which GSA resets every three years.
The final rule also expressly amends 5 C.F.R. § 2634.907(g) to apply the same reporting and aggregation thresholds to confidential filers, and 5 C.F.R. § 2635.204(g)(3)(iv) to raise the widely attended gathering ceiling to $525. OGE states that the gathering ceiling "is tied to the financial disclosure gifts reporting threshold," citing 1995 and 1996 rulemaking preambles.
The Fight Over the Rule
OGE opened no comment period, finding good cause to waive notice-and-comment procedures under 5 U.S.C. 553(b)(A) and (B). The agency concluded the amendments concern agency procedure and practice, are unlikely to be of significant public interest, and reduce rather than increase the reporting burden.
OGE also certified under the Regulatory Flexibility Act that the rule would not have a significant economic impact on a substantial number of small entities. It stated that the rule would not result in increased expenditures by state, local or tribal governments or the private sector of $100 million or more, as adjusted for inflation, in any one year. The Office of Information and Regulatory Affairs found that the rule does not meet the criteria for a major rule under the Congressional Review Act.
The Bottom Line
OGE states it will next update both the financial disclosure and widely attended gathering thresholds in 2029 and every three years thereafter. Because the rule took effect immediately on Oct. 28 without a comment period, there is no pending public comment deadline. The next scheduled threshold adjustment is in 2029.
Access the Legis1 platform for comprehensive political news, data, and insights.
Spot something wrong? Report an issue with this article
