[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2635.202]

[Page 552-553]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2635_STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE 
BRANCH--Table of Contents
 
                  Subpart B_Gifts From Outside Sources
 
Sec. 2635.202  General standards.

    (a) General prohibitions. Except as provided in this subpart, an 
employee shall not, directly or indirectly, solicit or accept a gift:
    (1) From a prohibited source; or
    (2) Given because of the employee's official position.
    (b) Relationship to illegal gratuities statute. Unless accepted in 
violation of paragraph (c)(1) of this section, a gift accepted under the 
standards set forth in this subpart shall not constitute an illegal 
gratuity otherwise prohibited by 18 U.S.C. 201(c)(1)(B).
    (c) Limitations on use of exceptions. Notwithstanding any exception 
provided in this subpart, other than Sec. 2635.204(j), an employee 
shall not:
    (1) Accept a gift in return for being influenced in the performance 
of an official act;
    (2) Solicit or coerce the offering of a gift;
    (3) Accept gifts from the same or different sources on a basis so 
frequent

[[Page 553]]

that a reasonable person would be led to believe the employee is using 
his public office for private gain;

    Example 1: A purchasing agent for a Veterans Administration hospital 
routinely deals with representatives of pharmaceutical manufacturers who 
provide information about new company products. Because of his crowded 
calendar, the purchasing agent has offered to meet with manufacturer 
representatives during his lunch hours Tuesdays through Thursdays and 
the representatives routinely arrive at the employee's office bringing a 
sandwich and a soft drink for the employee. Even though the market value 
of each of the lunches is less than $6 and the aggregate value from any 
one manufacturer does not exceed the $50 aggregate limitation in Sec. 
2635.204(a) on de minimis gifts of $20 or less, the practice of 
accepting even these modest gifts on a recurring basis is improper.

    (4) Accept a gift in violation of any statute. Relevant statutes 
applicable to all employees include:
    (i) 18 U.S.C. 201(b), which prohibits a public official from 
seeking, accepting, or agreeing to receive or accept anything of value 
in return for being influenced in the performance of an official act or 
for being induced to take or omit to take any action in violation of his 
official duty. As used in 18 U.S.C. 201(b), the term ``public official'' 
is broadly construed and includes regular and special Government 
employees as well as all other Government officials; and
    (ii) 18 U.S.C. 209, which prohibits an employee, other than a 
special Government employee, from receiving any salary or any 
contribution to or supplementation of salary from any source other than 
the United States as compensation for services as a Government employee. 
The statute contains several specific exceptions to this general 
prohibition, including an exception for contributions made from the 
treasury of a State, county, or municipality; or
    (5) Accept vendor promotional training contrary to applicable 
regulations, policies or guidance relating to the procurement of 
supplies and services for the Government, except pursuant to Sec. 
2635.204(l).

[57 FR 35041, Aug. 7, 1992; 57 FR 48557, Oct. 27, 1992, as amended at 62 
FR 48747, Sept. 17, 1997]