[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2635.303]

[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--
 
                    Subpart C_Gifts Between Employees
 
Sec.  2635.303  Definitions.

    For purposes of this subpart, the following definitions shall apply:
    (a) Gift has the meaning set forth in Sec.  2635.203(b). For 
purposes of that definition an employee will be deemed to

[[Page 562]]

have paid market value for any benefit received as a result of his 
participation in any carpool or other such mutual arrangement involving 
another employee or other employees if he bears his fair proportion of 
the expense or effort involved.
    (b) Indirectly, for purposes of Sec.  2635.302(b), has the meaning 
set forth in Sec.  2635.203(f). For purposes of Sec.  2635.302(a), it 
includes a gift:
    (1) Given with the employee's knowledge and acquiescence by his 
parent, sibling, spouse, child, or dependent relative; or
    (2) Given by a person other than the employee under circumstances 
where the employee has promised or agreed to reimburse that person or to 
give that person something of value in exchange for giving the gift.
    (c) Subject to paragraph (a) of this section, market value has the 
meaning set forth in Sec.  2635.203(c).
    (d) Official superior means any other employee, other than the 
President and the Vice President, including but not limited to an 
immediate supervisor, whose official responsibilities include directing 
or evaluating the performance of the employee's official duties or those 
of any other official superior of the employee. For purposes of this 
subpart, an employee is considered to be the subordinate of any of his 
official superiors.
    (e) Solicit means to request contributions by personal communication 
or by general announcement.
    (f) Voluntary contribution means a contribution given freely, 
without pressure or coercion. A contribution is not voluntary unless it 
is made in an amount determined by the contributing employee, except 
that where an amount for a gift is included in the cost for a luncheon, 
reception or similar event, an employee who freely chooses to pay a 
proportionate share of the total cost in order to attend will be deemed 
to have made a voluntary contribution. Except in the case of 
contributions for a gift included in the cost of a luncheon, reception 
or similar event, a statement that an employee may choose to contribute 
less or not at all shall accompany any recommendation of an amount to be 
contributed for a gift to an official superior.

    Example 1: A supervisory employee of the Agency for International 
Development has just been reassigned from Washington, DC to Kabul, 
Afghanistan. As a farewell party, 12 of her subordinates have decided to 
take her out to lunch at the Khyber Repast. It is understood that each 
will pay for his own meal and that the cost of the supervisor's lunch 
will be divided equally among the twelve. Even though the amount they 
will contribute is not determined until the supervisor orders lunch, the 
contribution made by those who choose to participate in the farewell 
lunch is voluntary.