(a) Prohibition on soliciting gifts. Except as provided in this subpart, an employee may not, directly or indirectly:
(1) Solicit a gift from a prohibited source; or
(2) Solicit a gift to be given because of the employee's official position.
(b) Prohibition on accepting gifts. Except as provided in this subpart, an employee may not, directly or indirectly:
(1) Accept a gift from a prohibited source; or
(2) Accept a gift given because of the employee's official position.
(c) Relationship to illegal gratuities statute. A gift accepted pursuant to an exception found in this subpart will not constitute an illegal gratuity otherwise prohibited by 18 U.S.C. 201(c)(1)(B), unless it is accepted in return for being influenced in the performance of an official act. As more fully described in § 2635.205(d)(1), an employee may not solicit or accept a gift if to do so would be prohibited by the Federal bribery statute, 18 U.S.C. 201(b).
Example 1 to paragraph (c): A Government contractor who specializes in information technology software has offered an employee of the Department of Energy's information technology acquisition division a $15 gift card to a local restaurant if the employee will recommend to the agency's contracting officer that the agency select the contractor's products during the next acquisition. Even though the gift card is less than $20, the employee may not accept the gift under § 2635.204(a) because it is conditional upon official action by the employee. Pursuant to this paragraph (c) and § 2635.205(a), notwithstanding any exception to the rules in this part, an employee may not accept a gift in return for being influenced in the performance of an official act.
Notes of Decisions
Snyder v. United States, 603 U.S. 1 (2024).
“See 5 CFR § 2635.202 (c) (2023). For example, OGE has stated that federal offcials may accept gifts that are “motivated by a family relationship or personal friend- ship,” not by the “position of the employee.”
Baltimore v. Clinton, 900 F. Supp. 2d 21 (D.D.C. 2012).
· cites it 4× “” 5 C.F.R. § 2635.202 (a)(2). The Board found two specifications proven under this charge.”
Snyder v. United States, 603 U.S. 1 (2024).
“See 5 CFR §2635.202 (c) (2023). For example, OGE has stated that federal officials may accept gifts that are “motivated by a family relationship or personal friendship,” not by the “position of the employee.”
United States v. Valdes, 437 F.3d 1276 (D.C. Cir. 2006).
· cites it 2× “204 (a), as a gift below $20 and thereby excepted from § 201.”
Lewis v. Dep't of Just., 34 F. App'x 774 (Fed. Cir. 2002).
· cites it 2× “Lewis’ conduct violated 5 C.F.R. § 2635.202 (a) (2000), which prohibits the solicitation or acceptance of gifts “from a prohibited source.”
Phillip Cray v. Dep't of Vets. Affairs (MSPB 2024).
“In her initial decision, the administrative judge found that 4 Even if the appellant’s supervisor did purport to authorize him to accept reimbursement from MTF, we would still sustain the charge because it does not appear to us that such purported authorization in this case…”
Sahabo Aliyu v. U.S. Agency for Global Media (MSPB 2024).
“232 , ¶¶ 4-5 (2004) (declining to disturb an administrative judge’s determination that an agency proved charges of soliciting and accepting gifts based on an appellant’s request and receipt of prescription medication samples from an entity doing business with his employing…”
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