[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: 5CFR2635.205]

[Page 561-562]
 
                    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. 2635.205  Proper disposition of prohibited gifts.

    (a) An employee who has received a gift that cannot be accepted 
under this subpart shall, unless the gift is accepted by an agency 
acting under specific statutory authority:
    (1) Return any tangible item to the donor or pay the donor its 
market value. An employee who cannot ascertain the actual market value 
of an item may estimate its market value by reference to the retail cost 
of similar items of like quality. See Sec. 2635.203(c).

    Example 1: To avoid public embarrassment to the seminar sponsor, an 
employee of the National Park Service did not decline a barometer worth 
$200 given at the conclusion of his speech on Federal lands policy. The 
employee must either return the barometer or promptly reimburse the 
sponsor $200.

    (2) When it is not practical to return a tangible item because it is 
perishable, the item may, at the discretion of the employee's supervisor 
or an agency ethics official, be given to an appropriate charity, shared 
within the recipient's office, or destroyed.

    Example 1: With approval by the recipient's supervisor, a floral 
arrangement sent by a disability claimant to a helpful employee of

[[Page 562]]

the Social Security Administration may be placed in the office's 
reception area.

    (3) For any entertainment, favor, service, benefit or other 
intangible, reimburse the donor the market value. Subsequent 
reciprocation by the employee does not constitute reimbursement.

    Example 1: A Department of Defense employee wishes to attend a 
charitable event to which he has been offered a $300 ticket by a 
prohibited source. Although his attendance is not in the interest of the 
agency under Sec. 2635.204(g), he may attend if he reimburses the donor 
the $300 face value of the ticket.

    (4) Dispose of gifts from foreign governments or international 
organizations in accordance with 41 CFR part 101-49, and dispose of 
materials received in conjunction with official travel in accordance 
with 41 CFR 101-25.103.
    (b) An agency may authorize disposition or return of gifts at 
Government expense. Employees may use penalty mail to forward 
reimbursements required or permitted by this section.
    (c) An employee who, on his own initiative, promptly complies with 
the requirements of this section will not be deemed to have improperly 
accepted an unsolicited gift. An employee who promptly consults his 
agency ethics official to determine whether acceptance of an unsolicited 
gift is proper and who, upon the advice of the ethics official, returns 
the gift or otherwise disposes of the gift in accordance with this 
section, will be considered to have complied with the requirements of 
this section on his own initiative.