§ 2635.302 - General standards.

§ 2635.302 General standards.

(a) Gifts to superiors. Except as provided in this subpart, an employee employees may not:

(1) Directly or indirectly, give a gift to or make a donation contribution toward a gift for an official superior, and an official superior may not knowingly accept such a gift; or

(2) Solicit a contribution from another employee for a gift to either his their own or the other employee's official superior.

(b) Gifts from employees receiving less pay. Except as provided in this subpart, an employee employees may not, directly or indirectly, accept a gift from an employee receiving who receives less pay than himself unless:

(1) The two employees are not in a subordinate-official superior relationship; and

(2) There is a

There is a personal relationship between the two employees that would justify the gift and the employee receiving the gift is not the official superior of the employee giving the gift; or

(2) The employee giving the gift is the official superior of the employee receiving the gift.

Example 1 to paragraph (b): A GS-13 Department of Homeland Security (DHS) employee has been close personal friends with a neighbor, a GS-15 employee in another government agency, for many years. During their friendship, the GS-13 employee has often allowed the neighbor's family to use their vacation house rent-free. The GS-15 employee recently accepted a position at DHS, and in the new position will be the direct supervisor of the GS-13 employee. Although the personal relationship between the two employees

that would justify the gift

justified the gift of rent-free use of the vacation home before they were both employed at DHS, for the duration of their supervisor-subordinate relationship the GS-13 employee may not allow the GS-15 neighbor to use the vacation house rent-free or give other gifts, except as permitted by the exceptions contained in this subpart.

(c) Limitation on use of exceptions. Notwithstanding any exception provided in this subpart, an official superior shall may not coerce the offering of a gift from a subordinate.