Federal employees in the executive branch of government are regulated in their acceptance of "gifts" and things of value from outside, private sources under provisions of federal law as well as under detailed standards of conduct regulations promulgated for the entire executive branch of the federal government by the Office of Government Ethics (OGE). The regulations on gifts may be relevant to the receipt of anything of value from an outside, private source, regardless of whether there is any connection to or bearing upon one's official duties or responsibilities. Federal laws have long prohibited corrupt payments to or corrupt receipt of things of value by federal officials, such as "bribes" from favor-seekers in the private sector. Government-wide regulations and limitations on mere "gifts" to federal officials from private domestic sources—where there is not necessarily any bargain (reciprocity), compensation, or favor explicitly sought, understood, or agreed to, or particular official act contemplated—are, however, of a more recent vintage. The current statutory restriction in federal law on the receipt or solicitation of "gifts" by federal officials was enacted as part of the Ethics Reform Act of 1989. This statute, which underlies the gift regulations in the executive branch, in many respects merely codified similar gifts standards that had been promulgated by executive order and applicable to executive branch employees since at least 1965. The current law, codified at 5 U.S.C. Section 7353(a), prohibits any federal officer or employee from soliciting or receiving a gift of any amount from a prohibited source, that is, from someone who is seeking action from, is doing business with, or is regulated by one's agency, or whose interests may be substantially affected by the performance or nonperformance of one's official duties. The statute, at 5 U.S.C. Section 7353(b), then expressly authorizes the designated supervisory ethics offices in the government to make exceptions to this general restriction, and to issue regulations setting out circumstances under which gifts may be accepted. The regulations of the OGE, the supervisory ethics agency for the executive branch, set out the detailed guidelines and standards for officials in the executive branch of government. In addition to the OGE regulations, it is possible that each agency, in consultation with and on the approval of the OGE, may promulgate additional and individualized ethics provisions needed for their own agency. The term "gift" is defined broadly in the regulations to cover most items, benefits, services, or favors that have a monetary value. The definition expressly includes "any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value." Although the definition includes "services as well as gifts of training, transportation, local travel, lodgings and meals," the regulations list a number of items that are not included in the definition of a "gift" (and which are discussed later in this report under "exemptions"). As a general matter, a "gift" is usually distinguished from something of value that is received as "compensation"; that is, compensation would be a payment of a fee, salary, or wage for some service rendered, while a gift is given without any such consideration in return. Although the gift regulations apply only to federal employees themselves, there are circumstances in which gifts to others may be imputed to the federal employee. Such an "indirect" gift to a federal employee covered by the prohibitions may occur when a gift is given with the employee's "knowledge and acquiescence to his parent, sibling, spouse, child, or dependent relative because of that person's relationship to the employee," or when given to another person or organization on the basis of a designation or recommendation of the federal employee. Although specific rules and prohibitions exist for executive branch employees, the President and Vice President are generally exempt under the OGE regulations from the statutory gift restrictions and the regulations on domestic gifts. Under these regulations, the President and Vice President may accept gifts from the public, as long as such gifts are not solicited or coerced, nor accepted in return for an official act. The exception in the OGE regulations states: Because of the considerations relating to the conduct of their offices, including those of protocol or etiquette, the President and the Vice President may accept any gift on his own behalf or on behalf of any family member, provided that such acceptance does not violate §2635.202(c)(1) or (2), 18 U.S.C. §201(b) or 201(c)(3), or the Constitution of the United States. In promulgating its rules and exceptions, the OGE had noted, "The ceremonial and other public duties of the President and Vice President make it impractical to subject them to standards that require an analysis of every gift offered." The executive branch gift regulations, at 5 C.F.R. Section 2635.202, prohibit the acceptance of gifts directly or indirectly by executive branch employees generally in two circumstances: (1) if the gift is from a "prohibited source" or (2) if the gift is given because of the employee's official position. A "prohibited source" under the regulations is one who: seeks official action from the employee's agency; does business or seeks to do business with the agency; conducts activities regulated by the employee's agency; has interests that may be substantially affected by the performance or nonperformance of the employee's official duties; or is an organization with a majority of its members in one of the above categories. A gift is solicited or accepted "because of the employee's official position" when the gift "would not have been solicited, offered, or given had the employee not held the status, authority or duties associated with his Federal position." This second class of prohibited gifts is substantially what has been called by the federal courts a "status gift," that is, a gift given merely because of the status of an individual as a federal officer or employee, regardless of any particular or identified act done, to be performed or not to be performed, by the public officer. Although an executive branch employee may not accept gifts given by a "prohibited source," or given because of his or her official position, the regulations expressly note within the listed "exceptions" that an executive branch official may accept a gift without limitation (even from an otherwise "prohibited source") when it is "clear" that the gift "is motivated by a family relationship or personal friendship rather than the position of the employee." Relevant factors in determining a personal relationship vis-a-vis the donor of a gift would include "the history of the relationship and whether the family member or friend personally pays for the gift." In examining a gift to a federal official in another context, the Office of Government Ethics, the office within the executive branch with overall responsibility for interpretation of the federal ethics provisions, discussed the exception for gifts based on a personal friendship: The Standards of Conduct provide that the determination of whether a gift from a prohibited source is clearly motivated by a family relationship or private friendship includes a consideration of relevant factors such as the history of the relationship and whether the friend personally paid for the gift. 5 C.F.R. §2634.204(b). Where a personal relationship develops from an on-going work relationship, it can be very difficult to clearly establish that the gift is not being given because of the employee's official position. A gift given out of appreciation for some action the employee took, particularly one that relates to an employee's official responsibilities, is not clearly motivated by a personal relationship. Therefore, an employee bears a considerable burden in establishing that a gift is based on a personal relationship rather than the employee's Government position. ... One must look to the circumstances surrounding the gift when a personal relationship is at issue. Factors indicating a personal relationship include the length of time of the relationship, the intimacy of the relationship including any family interaction, the nature of personal activities outside the work context, and the frequency of outside contacts. The gift prohibition in the executive branch will not apply to gifts of less than $20 given to a federal employee from any person, as long as the total number of all gifts from that donor do not exceed $50 in a calendar year. Additionally excluded from the definition of a "gift" in the executive branch are modest items of food and drink, which are not offered as part of a meal, greeting cards, and items with little intrinsic value such as plaques or trophies. Executive branch officers and employees may accept invitations, food, refreshments, and entertainment for a social event attended "by several persons" from one who is not a prohibited source (when no fee is charged for others), even if the social invitation is offered because of one's position as a federal official. As to the expenses of conferences and events, an executive branch employee may accept free attendance at a "widely attended" gathering or event in which the employee is to speak or participate in an official capacity, or when it is in the interest of the agency or the government for the employee to accept such an invitation. The agency may determine that an employee's attendance at an event such as a "widely attended gathering" will "further agency programs or operations" and that, therefore, an employee may accept a sponsor's unsolicited gift of free attendance at such event (and in some circumstances from a person other than the sponsor if the market value of the attendance is under $375). Such acceptance may include the provision of food, refreshments, entertainment, instruction, and materials that are provided to all attendees as an integral part of the event—but does not include travel or lodging collateral to the event. Employees who attend such events may be authorized to bring a spouse when other attendees will generally be so accompanied.