```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10040 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                               H. R. 10040

   To amend section 7342 of title 5, United States Code, to require 
     agencies to submit to the Office of Government Ethics and the 
Department of State the compiled listing of certain statements relating 
 to the receipt and disposition of foreign gifts and decorations, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 25, 2024

 Mr. Donalds introduced the following bill; which was referred to the 
               Committee on Oversight and Accountability

_______________________________________________________________________

                                 A BILL

 
   To amend section 7342 of title 5, United States Code, to require 
     agencies to submit to the Office of Government Ethics and the 
Department of State the compiled listing of certain statements relating 
 to the receipt and disposition of foreign gifts and decorations, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gift Accountability, Reporting, and 
Disclosures Act'' or the ``GARD Act''.

SEC. 2. RECEIPT AND DISPOSITION OF FOREIGN GIFTS AND DECORATIONS.

    (a) Revisions to the Process Requiring Compilation of Statements by 
Federal Employees.--Section 7342 of title 5, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraph (G) as 
                        subparagraph (H);
                            (ii) by inserting after subparagraph (F) 
                        the following new subparagraph:
                    ``(G) a candidate as defined in section 301 of the 
                Federal Election Campaign Act of 1971 (52 U.S.C. 30101) 
                for nomination or election to the office of President, 
                Vice President, or Member of Congress;'';
                            (iii) in subparagraph (H) (as resdesignated 
                        in clause (i))--
                                    (I) by striking ``(F)'' and 
                                inserting ``(G)'' in each place it 
                                occurs; and
                                    (II) by striking ``a dependent 
                                (within the meaning of section 152 of 
                                the Internal Revenue Code of 1986)'' 
                                and inserting: ``a relative (as defined 
                                in section 13101)''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (B), by striking the 
                        ``and'' at the end;
                            (ii) in subparagraph (C), by adding at the 
                        end ``and''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(D) any individual or entity that is not a United 
                States citizen, a permanent resident alien, or an 
                entity organized under the laws of the United States or 
                any jurisdiction within the United States;'';
                    (C) in paragraph (6)--
                            (i) in subparagraph (C), by striking ``; 
                        and'';
                            (ii) by redesignating subparagraph (D) as 
                        subparagraph (G); and
                            (iii) by inserting after subparagraph (C), 
                        the following new subparagraphs:
                    ``(D) the Federal Electoral Commission, for 
                candidates in an election for President, Vice 
                President, and Member of Congress, except as provided 
                in subparagraphs (E) and (F);
                    ``(E) the Select Committee on Ethics of the Senate, 
                for a candidate in an election for the Federal office 
                of Senator who is serving as a Senator;
                    ``(F) the Committee on Standards of Official 
                Conduct of the House of Representatives, for a 
                candidate in an election for the Federal office of 
                Member of the House of Representatives who is serving 
                as a Member; and'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking the ``or'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) accept a gift from a country of concern as designated 
        by the Secretary of State.'';
            (3) in subsection (c)(3), by inserting ``terminating the 
        official use of a gift under subparagraph (B) or'' before 
        ``accepting travel'';
            (4) in subsection (f)--
                    (A) paragraph (1)--
                            (i) by striking ``January 31'' and 
                        inserting ``May 15'';
                            (ii) by inserting ``Office of Government 
                        Ethics and the'' before ``Secretary of State'';
                            (iii) by striking ``State who shall'' and 
                        inserting ``State. The Secretary of State 
                        shall''; and
                            (iv) by striking the period and inserting 
                        at the end ``within 30 days after May 15 of the 
                        filing year.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (B), by striking 
                        ``brief'';
                            (ii) in subparagraph (C), by striking ``, 
                        if known,'';
                            (iii) by amending subparagraph (E) to read 
                        as follows:
                    ``(E) the estimated fair market value in the United 
                States of the gift at the time of acceptance as 
                determined by retail prices, price of comparable items, 
                or appraisal;'';
                            (iv) by redesignating subparagraph (F) as 
                        subparagraph (G);
                            (v) by inserting after subparagraph (E) the 
                        following:
                    ``(F) the Personal Property Management Foreign Gift 
                Inventory Control Number (PPM) of gifts transferred to 
                the Government Services Administration and any internal 
                gift tracking number relevant to the current location 
                and final disposition of the gift; and''; and
                            (vi) by amending subparagraph (G), as 
                        redesignated under clause (iv), to read as 
                        follows:
                    ``(G) current location and final disposition of the 
                gift using any of the following descriptions:
                            ``(i) Purchased by recipient.
                            ``(ii) Deposited with the National Archives 
                        and Records Administration.
                            ``(iii) Retained for official use by 
                        agency.
                            ``(iv) Approved by employing agency for 
                        official use by employee.
                            ``(v) Transferred according to agency 
                        policy.
                            ``(vi) Processed according to agency 
                        guidance.'';
                    (C) in paragraph (3)(B), by striking ``brief''; and
                    (D) in paragraph (4)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``delete'' and 
                                inserting ``redact'';
                                    (II) by inserting ``Office of 
                                Government Ethics and the'' after ``in 
                                writing to the''; and
                            (ii) in subparagraph (B), by inserting 
                        ``Office of Government Ethics and the'' after 
                        ``provided to the'';
            (5) in subsection (g)--
                    (A) in paragraph (1)--
                            (i) by striking ``Each employing agency 
                        shall'' and inserting ``Each employing agency 
                        acting through the Designated Agency Ethics 
                        Official (as appointed pursuant to chapter 131 
                        of this title) and in coordination with the 
                        Office of Government Ethics, shall''; and
                            (ii) by inserting ``the Office of 
                        Government Ethics and'' before ``the Secretary 
                        of State''; and
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by adding after paragraph (1) the following new 
                paragraph:
    ``(3) Each employing agency--
            ``(A) shall impose a $200 late fee for any employee who 
        files a statement 30 days after the date on which such 
        statement is required to be submitted; and
            ``(B) may waive the fee described in subparagraph (A) if a 
        determination is made by the employing agency, or a designated 
        agency ethics official as defined in section 13101, that an 
        employee has good cause for the late submission.''; and
            (6) by adding at the end the following new subsection:
    ``(l) Not later than 120 days after enactment of the GARD Act, each 
employing agency shall adapt systems to enable public access to the 
listings under this section in a manner similar to the public access of 
financial disclosure reports required under chapter 131.''.
    (b) Application.--The amendments by this Act shall apply to any 
individual required to submit a statement under section 7342 of title 
5, United States Code, within 30 days after the date of enactment of 
this Act.
                                 <all>
```