---
kind: "section"
citation: "44 C.F.R. § 362.3"
title: "44"
number: "362.3"
heading: "Criteria for determining acceptance."
url: "https://uscodex.org/cfr/44/362.3"
---

# §362.3. Criteria for determining acceptance.


The following criteria shall be applied whenever a gift of property or gift of services is offered to the Administrator for the benefit of the National Earthquake Hazards Reduction Program.

- (a) The gift of property or gift of services must clearly and directly further the objectives of the National Earthquake Hazards Reduction Program, as defined in [42 U.S.C. 7702](/usc/42/7702.md).
- (b) All gifts of property must be offered unconditionally, with sole discretion of use, administration and disposition of such property to be determined by the Administrator or his designee.
- (c) The Administrator may accept and use gifts of services of voluntary and uncompensated personnel, and may provide transportation and subsistence as authorized by [5 U.S.C. 5703](/usc/5/5703.md) for persons serving without compensation.
- (d) Employees of FEMA or the Program agencies may not solicit gifts of property, or gifts of services.
- (e) Acceptance of gifts of property, or gifts of services must first be approved by the Office of the Chief Counsel, FEMA, for conformance with all applicable laws and regulations.
- (f) In all cases where it is determined that the acceptance of a gift may create a conflict of interest, or the appearance of a conflict of interest, the gift will be declined.

## Notes

### Authority

Authority: 42 U.S.C. 7701, 7705c.

### Source

Source: 59 FR 35631, July 13, 1994, unless otherwise noted.