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Ethics OfficeGifts and Free StuffUpdated 07/13/06 Accepting Things of Value ... For those who asked for help locating the various rules: 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
Disclaimer: This does not list all the rule categories. Its purpose is merely to provide convenient links to answers to frequently asked questions. For example, an employee attending a conference at Government expense may accept a door prize IF the fair market value does not exceed $20-even if the entry into the contest was linked to registration. See the guidance above, or consult a qualified ethics advisor for advice on specific situations. Gifts From Non-Federal SourcesStandards of Ethical Conduct for Employees of the Executive Branch addresses the following:
Gifts From EmployeesThe Standards of Ethics Conduct [5 CFR Part 2635] addresses the following:
Travel Assistance from a Non-Federal Source Accepted Under 31 USC 1353 Travel Assistance Related to Unofficial Speaking Events That Relate to Your JobSee 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 non-Federal source for teaching, speaking or writing that relates to the employee's official duties. Also, see information on changes due to the Sanjour decision in the Advisor's Forum (For Ethics Advisor's Only) Send comments to nrcs-ethics@wdc.usda.gov |
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