2.12: Part 9 - Gifts and Travel Reimbursements (Annual and Termination Reports Only)
What to Report
5 U.S.C. app. §§ 102(a)(2) & (e)(1); 5 C.F.R. §§ 2634.304 & 2634.311
Separate reporting thresholds apply to gifts and travel reimbursements.
Gifts: Filers report gifts totaling more than $390 that were received from a single source during the reporting period. When determining whether the total value of gifts from a single source exceeds $390, filers do not need to include any gifts that had a value of $156 or less. Click here for an example.
Travel reimbursements: Filers report travel reimbursements totaling more than $390 that were received from a single source during the reporting period. When determining whether the total value of reimbursements from a single source exceeds $390, filers do not need to include any reimbursements that had a value of $156 or less.
The $390 and $156 thresholds are tied to the definition of minimal value under the Foreign Gifts and Decorations Act and are updated at three-year intervals. The most recent update occurred in 2017 and affects gifts and travel reimbursements received on or after January 1, 2017.
How to Report
Generally, filers report gifts and travel reimbursements as follows:
Source Name: Filers provide the identity of the source.
City/State: Filers provide the source’s city and state of business or residence.
Brief Description: Filers describe the nature of the item or reimbursement received. For travel gifts and reimbursements, this description would include a travel itinerary, the dates of travel, and the nature of the expenses. Although not required, it is helpful if the filer specifies his or her relationship to the source or notes the basis on which the gift or reimbursement was accepted.
Value: Filers provide the fair market value of the gift(s) or travel reimbursement(s).
Gifts and Travel Reimbursements That Are Not Reportable
5 U.S.C. app. §§ 102(a)(2), 109(5), & 109(15); 5 C.F.R.§§ 2634.105(h, k, n) & 2634.304(c)
Filers do not need to report the following: (1) anything given to the filer’s spouse or dependent child totally independent of their relationship to the filer (e.g., the spouse’s business-related travel reimbursements); (2) anything for which the filer paid fair market value; (3) anything accepted by the United States Government under a statute or contract (e.g., travel payments accepted under 31 U.S.C. § 1353); (4) anything received when the filer was not an employee of the United States Government; (5) anything received from a “relative”; (6) bequests and other forms of inheritance; (7) suitable mementos of a function honoring the filer (e.g., retirement party); (8) communications to the filer’s office, including subscriptions to newspapers and periodicals; (9) nonbusiness gifts of personal hospitality (food, lodging, and entertainment, but not transportation) at the donor’s personal residence or family property; (10) food, lodging, transportation, entertainment, or reimbursements provided by a foreign government within a foreign country or by the United States Government, the District of Columbia, or a state or local government; (11) food and beverages that are not consumed in connection with a gift of overnight lodging; (12) reimbursements required to be reported under the Foreign Gifts and Decorations Act; (13) reimbursements received for political trips that must be reported under § 304 of the Federal Election Campaign Act of 1971; and (14) reimbursements received from a non-federal employer.
5 U.S.C. app. § 102(a)(2)(C); 5 C.F.R. § 2634.304(f)
In certain unusual cases, the Director of OGE may grant a waiver of the public disclosure requirements for gifts. However, the filer must still report the items received to the agency and OGE, and the fact that the filer obtained a waiver will be publicly available. Click the following link to see more detailed guidance on this topic: Gift Reporting Waiver.
No Gifts or Travel Reimbursements to Report
The filer must affirmatively state that he or she does not have any gifts or travel reimbursements to report. Within Integrity, the filer would make this statement by marking the “I do not have...” checkbox. For hard copy reports, the filer would write “None.”