Employee Acceptance of GiftsAs a general rule. . . a Department of the Interior employee may not, directly or indirectly, solicit or accept a gift:
Exceptions to the prohibition.(a) Gifts of $20 or less. An employee may accept unsolicited gifts having an aggregate market value of $20 or less per occasion, provided that the aggregate market value of individual gifts received from any one person under the authority of this paragraph shall not exceed $50 in a calendar year. This exception does not apply to gifts of cash or of investment interests such as stock, bonds, or certificates of deposit. Where the market value of a gift or the aggregate market value of gifts offered on any single occasion exceeds $20, the employee may not pay the excess value over $20 in order to accept that portion of the gift or those gifts worth $20. Example: A National Park Service employee and his spouse have been invited by a representative of a regulated entity to a Broadway play, tickets to which have a face value of $30 each. The aggregate market value of the gifts offered on this single occasion is $60, $40 more than the $20 amount that may be accepted for a single event or presentation. The employee may not accept the gift of the evening of entertainment. He and his spouse may attend the play only if he pays the full $60 value of the two tickets. Example: A Bureau of Land Management employee has been invited by an association of ranchers to speak about his agency's role in the designation of multi-use lands. At the conclusion of his speech, the Association presents the employee a framed map with a market value of $18 and a pen set with a market value of $15. The employee may accept the map or the pen, but not both, since the aggregate value of these two tangible items exceeds $20. (b) Gifts based on a personal relationship. An employee may accept a gift given under circumstances which make it clear that the gift is motivated by a family relationship or personal friendship rather than the position of the employee. Example: An employee of the Minerals Management Service has been dating a secretary employed by a major oil company. For Secretary's Week, the oil company has given each secretary 2 tickets to an off-Broadway musical review and has urged each to invite a family member or friend to share the evening of entertainment. Under the circumstances, the employee may accept his girlfriend's invitation to the theater. Even though the tickets were initially purchased by the oil company, they were given without reservation to the secretary to use as she wished, and her invitation to the employee was motivated by their personal friendship. (c) Discounts and similar benefits.In most cases, an employee may accept reduced membership or other fees for participation in organization activities offered to all Government employees. Example: An employee of the U.S. Geological Survey's contracting office may accept a discount of $50 on a car rental special offered by a car rental agency to all Government employees. Even though the U.S. Geological Survey's contracting office is currently conducting a study on the services offered by car rental agencies, the $50 discount is a standard offer that the rental agency has made broadly available to all Government employees. (d) Awards and honorary degrees. An employee may accept gifts, other than cash or an investment interest, with an aggregate market value of $200 or less if such gifts are a bona fide award or incident to a bona fide award that is given for meritorious public service or achievement by a person who does not have interests that may be substantially affected by the performance or nonperformance of the employee's official duties or by an association or other organization the majority of whose members do not have such interests. Gifts with an aggregate market value in excess of $200 and awards of cash or investment interests offered by such persons as awards or incidents of awards that are given for these purposes may be accepted upon a written determination and approval by the Designated Ageny Ethics Official. For more details, refer to Subpart B of 5 CFR 2635. Example: Based on a determination by the Designated Agency Ethics Official that the prize may be accepted, a U.S. Fish and Wildlife Service (FWS) employee may accept Mobil Oil Company's annual award for Conservation, including the cash award which accompanies the prize, even though the prize was conferred on the basis of studies and work performed at FWS facilities. (e) Gifts based on outside business or employment relationships. An employee may accept meals, lodgings, transportation and other benefits resulting from the business or employment activities of an employee's spouse when it is clear that such benefits have not been offered or enhanced because of the employee's official position; Example: A National Park Service employee whose spouse is a computer programmer employed by a Concessioner may attend the Concessioner's annual retreat for all of its employees and their families held at a resort facility. However, the employee may be disqualified from performing official duties affecting his spouse's employer. (f) Gifts from a political organization. An employee who is exempt under 5 U.S.C. 7324(d) from the Hatch Act prohibitions against active participation in political management or political campaigns may accept meals, lodgings, transportation and other benefits, including free attendance at events, when provided, in connection with such active participation, by a political organization described in 26 U.S.C. 527(e). Any other employee, such as a security officer, whose official duties require him to accompany an exempt employee to a political event may accept meals, free attendance and entertainment provided at the event by such a political organization. Example:The Assistant Secretary - Water & Science is exempt from the noted Hatch Act restrictions. She may accept an airline ticket and hotel accommodations furnished by the campaign committee of a candidate for the United States Senate in order to give a speech in support of the candidate (g) Widely attended gatherings and other events When an employee is assigned to participate as a speaker or panel participant or otherwise to present information on behalf of the agency at a conference or other event, his acceptance of an offer of free attendance at the event on the day of his presentation is permissible when provided by the sponsor of the event. The employee's participation in the event on that day is viewed as a customary and necessary part of his performance of the assignment and does not involve a gift to him or to the agency. When there has been a determination that his
attendance at a particular widely attended gathering is
in the interest of the agency because it will further
agency programs or operations, an employee may accept a
sponsor's unsolicited gift of free attendance at all or
appropriate parts of a widely attended gathering of
mutual interest to a number of parties. A gathering is
widely attended if, for example, it is open to members
from throughout a given industry or profession or if
those in attendance represent a range of persons
interested in a given matter. In such cases, gifts that have a market value that exceed the dollar threshold ($20 for domestic gifts and $285 for foreign gifts) for personal acceptance shall be deposited with the bureau's property officer. |
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| A Prohibited source generally means any person or organization that: |
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