---
kind: "section"
citation: "5 C.F.R. § 2635.302"
title: "5"
number: "2635.302"
heading: "General standards."
url: "https://uscodex.org/cfr/5/2635.302"
---

# §2635.302. General standards.

- (a) **Gifts to superiors.** Except as provided in this subpart, employees may not:
  - (1) Directly or indirectly, give a gift to or make a 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 their own or the other employee's official superior.
- (b) **Gifts from employees receiving less pay.** Except as provided in this subpart, employees may not, directly or indirectly, accept a gift from an employee who receives less pay unless:
  - (1) 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)](#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 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 may not coerce the offering of a gift from a subordinate.

## Notes

### Source

Source: 89 FR 43695, May 17, 2024, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 7301, 7351, 7353; 5 U.S.C. ch. 131; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.

### Source

Source: 57 FR 35042, Aug. 7, 1992, unless otherwise noted.