5 CFR § 2635.302 - General standards.
---
identifier: "/us/cfr/t5/s2635.302"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 2635.302 - General standards."
title_number: 5
title_name: "Administrative Personnel"
section_number: "2635.302"
section_name: "General standards."
chapter_name: "OFFICE OF GOVERNMENT ETHICS"
subchapter_number: "B"
subchapter_name: "GOVERNMENT ETHICS"
part_number: "2635"
part_name: "STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "57 FR 35042, Aug. 7, 1992, unless otherwise noted."
cfr_part: "2635"
---
# 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):* 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.