Part II: Knowing Your Tools
Basic Gift Rules
The basic gift rules are written to ensure that you do not accept gifts inappropriately. There are circumstances under which you may accept a gift even when it is from a prohibited source or given because of your official position.
The 12 gift exceptions are:
- Gifts of $20 or less
- Gifts based on a personal relationship
- Discounts and similar benefits
- Awards and honorary degrees
- Gifts based on outside business or employment relationships
- Gifts in connection with political activities permitted by the Hatch Act Reform Amendments
- Widely attended gatherings and other events
- Social invitations from persons other than prohibited sources
- Meals, refreshments and entertainment in foreign areas
- Gifts to the President and Vice President
- Gifts authorized by supplemental agency regulation
- Gifts accepted under specific statutory authority
Of the 12 gift exceptions, rule number one seems to generate the most questions. Under the $20/$50 rule, an employee may accept an unsolicited gift of $20 or less per occasion and no more than $50 in a calendar year from one person. If the market value of a gift offered on any single occasion exceeds $20, the employee may not pay the excess value over $20 in order to accept the gift.
This means that if you were offered a $55 item by a prohibited source, you could not apply the $20 rule to the gift and pay the other $35 to account for the total $55.
If the aggregate value of tangible items offered on a single occasion exceeds $20, the employee may decline any distinct and separate item in order to accept those items aggregating $20 or less. Additional information on Standards of Ethical Conduct may be found at 5 U.S.C. 2635 or refer to your agency ethics training.
