[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR706.10]



[Page 298-299]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VII--COMMISSION ON CIVIL RIGHTS

 

PART 706_EMPLOYEE RESPONSIBILITIES AND CONDUCT--Table of Contents

 

  Subpart B_Ethical and Other Conduct and Responsibilities of Employees

 

Sec. 706.10  Gifts, entertainment, and favors.



    (a) Except as provided in paragraphs (b) and (e) of this section, an 

employee shall not solicit or accept, directly or indirectly, any gift, 

gratuity, favor, entertainment, loan, or any other thing of monetary 

value from a person who:

    (1) Has, or is seeking to obtain, contractual or other business or 

financial relations with the Commission;

    (2) Conducts operations or activities that are regulated by the 

Commission; or

    (3) Has interests that may be substantially affected by the 

performance or nonperformance of the employee's official duty.

    (b) Exceptions from the prohibitions contained in paragraph (a) of 

this section are as follows:

    (1) Gifts, entertainment, and favors that derive from family or 

personal relationships (such as those between parents, children, or 

spouse of the employee and the employee) when the circumstances make it 

clear that it is those relationships rather than the business of the 

persons concerned that are the motivating factors;

    (2) Acceptance of food and refreshments of nominal value on 

infrequent occasions in the ordinary course of a luncheon or dinner 

meeting or other meeting or on an inspection tour where an employee may 

properly be in attendance;

    (3) Acceptance of loans from banks or other financial institutions 

on customary terms to finance proper and usual activities of employees, 

such as home mortgage loans; and

    (4) Acceptance of unsolicited advertising or promotional material, 

such as pens, pencils, note pads, calendars, and other items of nominal 

intrinsic value.

    (c) Employees shall not solicit a contribution from another employee 

for a gift to an official superior, make a donation as a gift to an 

official superior, or accept a gift from an employee receiving less pay 

than themselves. This paragraph, however, does not prohibit a voluntary 

gift of nominal value or donation in a nominal amount made on a special 

occasion such as marriage, illness, or retirement.

    (d) An employee shall not accept a gift, present, decoration, or 

other thing from a foreign government unless authorized by Congress as 

provided by the Constitution and 5 U.S.C. 7342.

    (e) Neither this section nor Sec. 706.11 precludes an employee from 

receipt of



[[Page 299]]



bona fide reimbursement, unless prohibited by law, for expenses of 

travel and such other necessary subsistence as is compatible with this 

part, for which no Government payment or reimbursement is made. This 

paragraph, however, does not allow employees to be reimbursed, or 

payment to be made on their behalf, for excessive personal living 

expenses, gifts, entertainment, or other personal benefits.