Gifts from Outside Sources

Question 1

5 CFR 2635.204(a)-(m)

Exceptions to the prohibition for acceptance of certain gifts - what gifts can employees accept?

Answer 1

(a) Gifts having an aggregate market value of $20 or less per source per occasion, up to a max of $50/calendar year.
(b) Gifts based on a personal relationship
(c) Discounts and similar benefits, waived/reduced registration fees, opportunities and benefits, including favorable rates, commercial discounts, and free attendance or participation
(d) Awards and honorary degrees
(e) Gifts based on outside business or employment relationships
(f) Gifts in connection with political activities permitted by the Hatch Act Reform Amendments.
(g) Gifts of free attendance at widely attended gatherings/WAGs
(h) Social invitations
(i) Meals, refreshments, and entertainment in foreign areas
(j) Gifts to the President or Vice President
(k) Gifts authorized by supplemental agency regulation
(l) Gifts accepted under specific statutory authority
(m) Gifts of informational materials.
https: //ecfr.federalregister.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-B/section-2635.204

Question 2

5 CFR 2635.202 (a)-(b)

General prohibition on solicitation or acceptance of gifts.

Answer 2

Employees cannot solicit or accept gifts from a prohibited source, or given because of their official position

https://ecfr.federalregister.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-B#p-2635.202(a)

Question 3

5 CFR 2635.203(b)

Gifts from outside sources - what is a gift?

Answer 3

Any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. Includes services as well as gifts of training, transportation, local travel, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred.

Gifts ARE NOT items described in (b)(1)-(9)

https://ecfr.federalregister.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-B/section-2635.203#p-2635.203(b)

Question 4

5 CFR 2635.203(d)

Gifts from outside sources - what is a prohibited source?

Answer 4

Any person who:

(1) Is seeking official action by the employee’s agency;
(2) Does business or seeks to do business with the employee’s agency;
(3) Conducts activities regulated by the employee’s agency;
(4) Has interests that may be substantially affected by the performance or nonperformance of the employee’s official duties; or
(5) Is an organization a majority of whose members are described in paragraphs (d)(1) through (4) of this section.
https: //ecfr.federalregister.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-B/section-2635.203#p-2635.203(d)

Question 5

5 CFR 2635.204(c)

Exceptions to the prohibition for acceptance of certain gifts - what gifts can employees accept?

Answer 5

Discounts and similar benefits, waived/reduced registration fees, opportunities and benefits, including favorable rates, commercial discounts, and free attendance or participation

https://ecfr.federalregister.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-B/section-2635.204#p-2635.204(c)