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Military & Veterans affairs Committee Chairs : RobertBarton – RumbergerKirk & JanaeThomas – Quinteros , Prieto , WoodandBoyer , P . A .
Service-members sacrifice more than their fair share to protect this great country of ours . deployments , time away from family , stability , and financial wealth are frequently given up to preserve our freedom . Thankfully , the American public recognizes these sacrifices and will often offer our service-members gifts — whether it be free food , a ticket to a sporting event , or a discount . Although this is always well-intentioned , sometimes , presenting impermissible gifts to service-members could subject them to adverse action or even prosecution under the Uniform Code of Military Justice . 1 A simple understanding of the Federal gift rules will hopefully keep our Soldiers , Sailors , Marines , Airmen , and Guardians from being placed in an awkward situation if an impermissible gift is offered to them .
The Rule : Title 5 , Code of Federal Regulations 2 states a Federal employee 3 is prohibited from directly or indirectly accepting a gift that is from a prohibited source 4 or given because of the employee ’ s official position . 5 A gift includes any gratuity , favor , discount , entertainment , hospitality , loan , forbearance , or other item having monetary value . 6 This also includes gifts of services , training , transportation , travel , lodging , and meals . 7 On its face this rule seems
althoughitisalways well-intentioned , sometimes , presentingimpermissiblegiftsto service-memberscouldsubject themtoadverseactionoreven prosecutionundertheuniform codeofmilitaryJustice .
restrictive , but there are exclusions and exceptions . gift Exclusions : Gift exclusions classify gifts as “ non-gifts ” and can be accepted . Some common gift exclusions include modest items of food and non-alcoholic refreshments , greeting cards , items with little intrinsic value ( plaques , certificates , trophies ), discounts available to the public or generally available to all Federal employees , rewards and prizes open to the public , and free attendance to an event where the employee is presenting information on behalf of his or her agency . 8 gift Exceptions : In addition to gift exclusions , there are also gift exceptions . Gift exceptions are considered gifts but can be accepted by statute . The most frequent exception is the “ 20 / 50 Rule .” Gift recipients may accept a gift if the value of the item is $ 20 or less per source , per occasion , not to exceed $ 50 total in a calendar year . 9 A modest meal , trinket , or ticket to a museum or sporting event may qualify under this exception . Another common exception are gifts based on a personal relationship . A recipient may accept a gift if based on a familial or personal relationship rather than the position of the employee . 10 Other gift exceptions include discounts ( not already
excluded ), awards and honorary degrees , gifts based on outside business or employment relationships , gifts of informational materials , and food , refreshments , and entertainment at social events hosted by people who are not prohibited sources . 11 Enlisted members in the grade of E-6 or below are also permitted to accept gifts above the $ 20 threshold from charitable and veterans service tax-exempt organizations . 12 optics : Even if a gift is permissible , it still may be a bad idea to offer it to a service-member . Every Federal employee has a public duty to promote the trust of its citizens and should always use caution before acceptance . If there is any indication acceptance of a gift would call into question the integrity of the service-member , they are trained to decline it . 13
Conclusion : Sometimes even the most well-intentioned gesture can yield an unfortunate outcome . A clear understanding of the Federal gift rules will ensure public citizens are not putting our service-members in a position where , at a minimum , they encounter an awkward situation or , more importantly , put in a position where they could lose their career and their freedom . n
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