Executive Branch Financial Disclosure and Standards of Ethical Conduct Regulations

Issuing agencies

Abstract

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.

Full Text

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<title>Federal Register, Volume 91 Issue 207 (Wednesday, October 28, 2026)</title>
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[Federal Register Volume 91, Number 207 (Wednesday, October 28, 2026)]
[Rules and Regulations]
[Pages 67765-67768]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21997]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 91, No. 207 / Wednesday, October 28, 2026 / 
Rules and Regulations

[[Page 67765]]



OFFICE OF GOVERNMENT ETHICS

5 CFR Parts 2634 and 2635

RIN [INSERT]


Executive Branch Financial Disclosure and Standards of Ethical 
Conduct Regulations

AGENCY: Office of Government Ethics.

ACTION: Final rule; technical amendments.

-----------------------------------------------------------------------

SUMMARY: 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.

FOR FURTHER INFORMATION CONTACT: Christie Chung, Assistant Counsel, or 
Marjorie Levine, Assistant Counsel; Telephone: 202-482-9300.

SUPPLEMENTARY INFORMATION:

I. Background

    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 Sec. Sec.  
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 Order 13563 and Executive Order 12866

    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.

Executive Order 12988

    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.

List of Subjects

5 CFR Part 2634

    Certificates of divestiture, Conflict of interests, Government 
employees, Penalties, Reporting and recordkeeping requirements, Trusts 
and trustees.

5 CFR Part 2635

    Conflict of interests, Executive branch standards of ethical 
conduct, Government employees.

    Approved: October 26, 2026.
Keith Sonderling,
Acting Director, U.S. Office of Government Ethics.

    For the reasons set forth in the preamble, the U.S. Office of 
Government Ethics amends 5 CFR parts 2634 and 2635 as follows:

PART 2634--EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, 
AND CERTIFICATES OF DIVESTITURE

0
1. The authority citation for part 2634 continues to read as follows:

    Authority: 5 U.S.C. ch. 131; 26 U.S.C. 1043; Pub. L. 101-410, 
104 Stat. 890, 28 U.S.C. 2461 note, as amended by sec. 31001, Pub. 
L. 104-134, 110 Stat. 1321 and sec. 701, Pub. L. 114-74; Pub. L. 
112-105, 126 Stat. 291; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., 
p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., 
p. 306.


0
2. Amend Sec.  2634.304 by:
0
a. Revising paragraphs (a), (b), (d), and examples 1 through 3 
following paragraph (d);
0
b. Designating the example following paragraph (e) as Example 1 to 
paragraph (e); and
0
c. Designating the example following paragraph (f)(1) as Example 1 to 
paragraph (f)(1) and revising the newly designated example.
    The revisions read as follows:


Sec.  2634.304  Gifts and reimbursements.

    (a) Gifts. Except reports required under Sec.  2634.201(f) and as 
indicated in Sec.  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 Sec. Sec.  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

[[Page 67767]]

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 Sec.  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.
* * * * *

0
3. Amend Sec.  2634.907 by:
0
a. Designating the note to paragraph (b)(2) as Note 1 to paragraph 
(b)(2);
0
b. Designating the example to paragraphs (b)(1) and (b)(3) as Example 1 
to paragraphs (b)(1) and (b)(3);
0
c. Designating the note to paragraphs (c)(1) and (c)(2) as Note 2 to 
paragraphs (c)(1) and (c)(2);
0
d. Designating the note to paragraphs (c)(3)(vii) through (ix) as Note 
3 to paragraphs (c)(3)(vii) through (ix);
0
e. Designating examples 1 and 2 following paragraph (c) as Examples 1 
and 2 to paragraph (c);
0
f. Designating the example following paragraph (d) as Example 1 to 
paragraph (d);
0
g. Designating examples 1 through 8 following paragraph (e) as Examples 
1 through 8 to paragraph (e);
0
h. Designating the note to paragraph (f)(4) as Note 4 to paragraph 
(f)(4);
0
i. Designating examples 1 through 3 following paragraph (f) as Examples 
1 through 3 to paragraph (f);
0
j. Revising paragraphs (g)(1) and (g)(2);
0
k. Designating the note to paragraph (g)(2) as Note 5 to paragraph 
(g)(2) and revising the newly designated note;
0
l. Revising Example 1 to paragraph (g);
0
m. Designating the example to paragraph (h)(1) as Example 1 to 
paragraph (h)(1);
0
n. Designating the example following paragraph (h)(5) as Example 1 to 
paragraph (h)(5);
0
o. Designating the note to paragraph (h)(6) as Note 6 to paragraph 
(h)(6);
0
p. Designating the example following paragraph (h)(6) as Example 1 to 
paragraph (h)(6);
0
q. Designating the note to paragraph (i)(1) as Note 7 to paragraph 
(i)(1); and
0
r. Designating the note to paragraph (i)(3) as Note 8 to paragraph 
(i)(3).
    The revisions read as follows:


Sec.  2634.907  Report contents.

* * * * *
    (g) * * *
    (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.

* * * * *
    (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.
* * * * *

PART 2635--STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE 
EXECUTIVE BRANCH

0
4. The authority citation for part 2635 continues to read as follows:

    Authority: 5 U.S.C. 7301, 7351, 7353; 5 U.S.C. ch. 131; E.O. 
12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 
12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.


0
5. Amend Sec.  2635.204 by revising paragraph (g)(3)(iv) and examples 1 
and 4 to paragraph (g) to read as follows:


Sec.  2635.204  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

[[Page 67768]]

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.
* * * * *
[FR Doc. 2026-21997 Filed 10-27-26; 8:45 am]
BILLING CODE 6345-04-P


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