Gifts

Gifts and Free Stuff: Accepting Things of Value

An employee presented with a gift or other possibility of accepting something "free" of charge is responsible for knowing whether it may be accepted. To determine this, the employee must abide by the various rules governing gift acceptance. Employees should consider something "free" if neither the employee nor the Federal Government paid its full market value. There are several types of rules that govern these types of situations. In addition, existing rules must be properly adhered to in deciding whether an employee may accept a prize or "free gift" received in connection with official duties or activities.

The following list cites many of the various sources of rules applicable to gift and prize situations, as well as some sources of specific guidance that will help employees and advisors understand how the rules are to be applied to recurring situations.

Resources for Guidance on Accepting Outside Gifts, Prizes, Awards or Travel

Gifts From Non-Federal Sources

The Standards of Ethics Conduct [5 CFR Part 2635] addresses the following:

• Gifts from Outside Sources at 5 CFR 2635.201 through 205
• Vendor Promotional Training at 5 CFR 2635.203(f)
• Discounts and Similar Benefits at 5 CFR 2635.204(c)
• Gifts of Free Attendance at Widely Attended Gatherings [see 5 CFR 2635.(g)]
• Gifts in Connection with Permitted Political Activity (see 5 CFR 2635.205(f))
• Awards and Honorary Degrees (see 5 CFR Part 2635.204(d))
• Gifts Accepted Under Specific Statutory Authority (see below)

Prizes and Gifts in Connection With Attendance at Conferences, Professional Meetings, Trade Shows and Conventions

See specific guidance on when you can accept prizes at conventions, trade shows, conferences, partnership meetings, and professional organization meetings.

Gifts From Employees

The Standards of Ethics Conduct [5 CFR Part 2635] addresses the following:

• Gifts Between Employees at 5 CFR 2635.301 through 304

Travel Assistance From a Nonfederal Source Accepted Under 31 USC 1353

To use this authority, start with the forms at www.ethics-usda.net/forms. Scroll down to the Approval and Report of Travel Funds Received from Nonfederal Sources form. The Ethics Advisor must approve use of this authority. The regulations governing use of the authority in 31 USC 1353 are at 41 CFR 301-1 and Departmental Regulation 99-2.

This is required whether the assistance is in-kind as well as if through specific payment. There are few exceptions.

Travel Assistance Related to Unofficial Speaking Events That Relate to Your Job

See 5 CFR Part 2635.807, as amended November 30, 2001. This implements changes resulting from the decision in Sanjour v. EPA. This allows certain employees to accept travel assistance (not compensation) in connection with unofficial speaking events that relate to their Government duties. Unofficial means that the speaking event must not be done in their official (Government) capacity. Note that this relaxation of the general prohibition at 5 CFR Part 2635.807 does not apply to some non-career senior executives including political and Schedule C appointees, those above GS-15, and others. The prohibition at 2635.807 generally prohibits accepting compensation from any nonfederal source for teaching, speaking or writing that relates to the employee's official duties.

Awards and Honorary Degrees

Regarding the authority to accept certain awards for meritorious public service:

This authority is not frequently used and requires written approval by the Branch Chief. [Approval authority may not be delegated.]

See the awards form for easy to follow guidance to determine whether a situation may be considered under this authority, and to request approval (Approval of Outside Awards and Honorary Degrees). The form can be obtained at www.usda-ethics.net/forms

Training Awards From Nonfederal Sources

These can only be accepted under 5 USC 4111. Authority to accept certain outside awards of training is addressed in 5 CFR 4111. The companion regulation for 5 CFR 4111 is CFR 410 Subpart E, Accepting Contributions, Awards, and Payments from
Non-Governmental Organizations.