Fundraising/Gift Acceptance During Lapse in Appropriations

Even if EPA experiences a lapse in appropriations, employees are still subject to the ethics laws and regulations, including fundraising, misuse of position and gift acceptance.

Basic Rules

• Do not accept gifts given because of your official position (including that you’re furloughed) or from a prohibited source, which is any entity that does business with EPA, seeks to do business with EPA or is regulated by EPA, unless a gift exception applies. See 5 CFR 2635.204.
• A common gift exception for gifts from outside sources is $20 or less, but --
  • Never accept cash or cash-equivalent cards (e.g., debit cards, VISA gift card); and
  • Do not use nor allow the use of your EPA or federal government affiliation to solicit contributions, including on any crowdsourcing platforms. 

Gift Acceptance

Offers of free meals or discounts offered to all federal workers or the general public

You may accept an offer of free meals, discounts or other support to federal workers during a government shutdown. Provided that the offer is extended to all federal employees, you may accept it as a benefit available to a class consisting of all Government employees or all uniformed military personnel, even if the offer is restricted by geography. If necessary, you may also provide your EPA credentials to demonstrate that you are indeed a federal employee. In this limited instance, providing that identification is not deemed a misuse of your federal position.  

Gifts other than cash, offered as an individual gesture of goodwill

You may accept gifts so long as all of the following conditions are met:  (1) the offer is unsolicited, (2) its value is $20 or less, (3) the offered gift is not cash or a cash equivalent (such as a VISA or MasterCard gift card), and (4) you do not accept more than $50 from the same donor in a calendar year. 

EXAMPLE:  You may accept an unsolicited offer to provide or pay for your lunch so long as the total bill is $20 or less. You can’t accept $20 for a $30 tab and pay the $10 yourself. 

EXAMPLE:  Your local environmental community group offers to all furloughed employees $20 gift cards (but not cash equivalent cards).  You may accept one card from this group. 

Gifts from certain “established employee organizations”

Under a new gift exception added in 2023, employees may be able to accept gifts of more than $20 from certain “established employee organizations” (i.e., an association of Federal employees or a nonprofit employee welfare organization), so long as the employees are part of the class of individuals eligible for assistance as stated in the organization’s governing documents.  See 5 CFR 2635.204(c)(2)(iv) and check with an ethics official to confirm whether the organization meets this exception. 

EXAMPLE:  The EPA Alumni Association, which is not directly affiliated with EPA, intends to coordinate donations from members to give gift cards to EPA employees. Under their internal guidelines, the organization will give up to $200 to any individual employee who signs up for this program.  Although the EPA Alumni Association is a prohibited source (they have MOUs with EPA), the Ethics Office has confirmed that it is also a nonprofit employee welfare organization that meets this new exception.  Therefore, on these facts, EPA employees may accept gift cards organized by the EPA Alumni Association’s special program, even beyond the usual $20 limit. 

Concerns about crowdsourcing because you’re not getting paid right now

Be careful before seeking donations, whether you ask directly or someone else asks on your behalf.

Neither you nor anyone acting on your behalf (including a spouse or family member or friend) may solicit any gift for your based on your federal employment status, including the fact that you’re furloughed.  Any fundraising campaign that is set up for you should not include your agency, title, or status as a federal employee.  You can’t generally accept gifts from prohibited sources, such as contractors or anyone who does business with EPA.  You will have to identify and reject any such prohibited donations.  You may, though, accept donations from friends or relatives when it is clear that the donations accepted are based on that friendship or family relationship. 

Offers of assistance may be accepted if: (1) the assistance is offered to a broad class of government employees that does not discriminate based on responsibility, rank, or rate of pay (such as all furloughed federal employees), and (2) the campaign organizer is not a prohibited source.  See also the new exception for certain “established employee organizations” discussed in the prior section. Check with an ethics official for a definitive answer based on your specific facts.  

For other references, see OGE Legal Advisory 19-01, “Ethics Guidance for Employees in Non-Pay Status During a Lapse in Appropriations” (2/15/09), OGE Legal Advisory 20-07, “Answers to Frequently Asked Questions for Employees Engaged in Crowdsourced Fundraising” (10/6/20), and OGE Legal Advisory 24-13, “Ethics Guidance on Gifts Between Employees in Times of Crisis” (10/28/2024). Also see this video from our friends at Interior’s Ethics Office about crowdsourced fundraising.