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- 2635.105 Supplemental agency regulations.
-
- In addition to the regulations set forth in this part, an
- employee shall comply with any supplemental agency regulations
- issued by his employing agency under this section.
-
- (a) An agency that wishes to supplement this part shall
- prepare and submit to the Office of Government Ethics, for its
- concurrence and joint issuance, any agency regulations that
- supplement the regulations contained in this part. Supplemental
- agency regulations which the agency determines are necessary and
- appropriate, in view of its programs and operations, to fulfill
- the purposes of this part shall be:
-
-
- (1) In the form of a supplement to the regulations in this
- part; and
-
- (2) In addition to the substantive provisions of this
- part.
-
- (b) After concurrence and co-signature by the Office of
- Government Ethics, the agency shall submit its supplemental
- agency regulations to the Federal Register for publication and
- codification at the expense of the agency in title 5 of the Code
- of Federal Regulations. Supplemental agency regulations issued
- under this section are effective only after concurrence and
- co-signature by the Office of Government Ethics and publication
- in the Federal Register.
-
- (c) This section applies to any supplemental agency
- regulations or amendments thereof issued under this part. It does
- not apply to:
-
- (1) A handbook or other issuance intended merely as an
- explanation of the standards contained in this part or in
- supplemental agency regulations;
-
- (2) An instruction or other issuance the purpose of which
- is to:
-
- (i) Delegate to an agency designee authority to make any
- determination, give any approval or take any other action
- required or permitted by this part or by supplemental agency
- regulations; or
-
- (ii) Establish internal agency procedures for documenting
- or processing any determination, approval or other action
- required or permitted by this part or by supplemental agency
- regulations, or for retaining any such documentation; or
-
- (3) Regulations or instructions that an agency has
- authority, independent of this part, to issue, such as
- regulations implementing an agency's gift acceptance statute,
- protecting categories of nonpublic information or establishing
- standards for use of Government vehicles. Where the content of
- any such regulations or instructions was included in the agency's
- standards of conduct regulations issued pursuant to Executive
- Order 11222 and the Office of Government Ethics concurs that they
- need not be issued as part of an agency's supplemental agency
- regulations, those regulations or instructions may be promulgated
- separately from the agency's supplemental agency regulations.
-
- 2635.106 Disciplinary and corrective action.
-
- (a) Except as provided in 2635.107, a violation of this
- part or
- of supplemental agency regulations may be cause for appropriate
- corrective or disciplinary action to be taken under applicable
- Governmentwide regulations or agency procedures. Such action may
- be in addition to any action or penalty prescribed by law.
-
- (b) It is the responsibility of the employing agency to
- initiate appropriate disciplinary or corrective action in
- individual cases. However, corrective action may be ordered or
- disciplinary action recommended by the Director of the Office of
- Government Ethics under the procedures at part 2638 of this
- chapter.
-
- (c) A violation of this part or of supplemental agency
- regulations, as such, does not create any right or benefit,
- substantive or procedural, enforceable at law by any person
- against the United States, its agencies, its officers or
- employees, or any other person. Thus, for example, an individual
- who alleges that an employee has failed to adhere to laws and
- regulations that provide equal opportunity regardless of race,
- color, religion, sex, national origin, age, or handicap is
- required to follow applicable statutory and regulatory
- procedures, including those of the Equal Employment Opportunity
- Commission.
-
- 2635.107 Ethics advice.
-
- (a) As required by 2638.201 and 2638.202(b) of this
- chapter, each agency has a designated agency ethics official who,
- on the agency's behalf, is responsible for coordinating and
- managing the agency's ethics program, as well as an alternate.
- The designated agency ethics official has authority under
- 2638.204 of this chapter to delegate certain responsibilities,
- including that of providing ethics counseling regarding the
- application of this part, to one or more deputy ethics officials.
-
- (b) Employees who have questions about the application of
- this part or any supplemental agency regulations to particular
- situations should seek advice from an agency ethics official.
- Disciplinary action for violating this part or any supplemental
- agency regulations will not be taken against an employee who has
- engaged in conduct in good faith reliance upon the advice of an
- agency ethics official, provided that the employee, in seeking
- such advice, has made full disclosure of all relevant
- circumstances. Where the employee's conduct violates a criminal
- statute, reliance on the advice of an agency ethics official
- cannot ensure that the employee will not be prosecuted under that
- statute. However, good faith reliance on the advice of an agency
- ethics official is a factor that may be taken into account by the
- Department of Justice in the selection of cases for prosecution.
- Disclosures made by an employee to an agency ethics official are
- not protected by an attorney-client privilege. An agency ethics
- official is required by 28 U.S.C. 535 to report any information
- he receives relating to a violation of the criminal code, title
- 18 of the United States Code.
-
- Subpart B -- Gifts From Outside Sources
-
- 2635.201 Overview.
-
- This subpart contains standards that prohibit an employee
- from soliciting or accepting any gift from a prohibited source or
- given because of the employee's official position unless the item
- is excluded from the definition of a gift or falls within one of
- the exceptions set forth in this subpart.
-
- 2635.202 General standards.
-
- (a) General prohibitions. Except as provided in this
- subpart, an employee shall not, directly or indirectly, solicit
- or accept a gift:
-
- (1) From a prohibited source; or
-
- (2) Given because of the employee's official position.
-
- (b) Relationship to illegal gratuities statute. Unless
- accepted in violation of paragraph (c)(1) of this section, a gift
- accepted under the standards set forth in this subpart shall not
- constitute an illegal gratuity otherwise prohibited by 18 U.S.C.
- 201(c)(1)(B).
-
- (c) Limitations on use of exceptions. Notwithstanding any
- exception provided in this subpart, other than 2635.204(j), an
- employee shall not:
-
- (1) Accept a gift in return for being influenced in the
- performance of an official act;
-
- (2) Solicit or coerce the offering of a gift;
-
- (3) Accept gifts from the same or different sources on a
- basis so frequent that a reasonable person would be led to
- believe the employee is using his public office for private gain;
-
- Example 1: A purchasing agent for a Veterans
- Administration hospital routinely deals with representatives of
- pharmaceutical manufacturers who provide information about new
- company products. Because of his crowded calendar, the purchasing
- agent has offered to meet with manufacturer representatives
- during his lunch hours Tuesdays through Thursdays and the
- representatives routinely arrive at the employee's office
- bringing a sandwich and a soft drink for the employee. Even
- though the market value of each of the lunches is less than $6
- and the aggregate value from any one manufacturer does not exceed
- the $50 aggregate limitation in 2635.204(a) on de minimis gifts
- of $20 or less, the practice of accepting even these modest gifts
- on a recurring basis is improper.
-
- (4) Accept a gift in violation of any statute. Relevant
- statutes applicable to all employees include:
-
- (i) 18 U.S.C. 201(b), which prohibits a public official
- from seeking, accepting, or agreeing to receive or accept
- anything of value in return for being influenced in the
- performance of an official act or for being induced to take or
- omit to take any action in violation of his official duty. As
- used in 18 U.S.C. 201(b), the term ``public official'' is broadly
- construed and includes regular and special Government employees
- as well as all other Government officials;
-
- (ii) 18 U.S.C. 209, which prohibits an employee, other
- than a special Government employee, from receiving any salary or
- any contribution to or supplementation of salary from any source
- other than the United States as compensation for services as a
- Government employee. The statute contains several specific
- exceptions to this general prohibition, including an exception
- for contributions made from the treasury of a State, county, or
- municipality; and
-
- (iii) 41 U.S.C. 423(b)(2), which prohibits a procurement
- official from seeking, accepting, or agreeing to receive any
- money, gratuity, or other thing of value from any officer,
- employee, representative, agent, or consultant of a competing
- contractor during the conduct of a Federal agency procurement.
- Implementing regulations, including exceptions to the gift
- prohibition, are contained in the Federal Acquisition Regulation,
- 48 CFR 3.104; or
-
- (5) Accept vendor promotional training contrary to
- applicable regulations, policies or guidance relating to the
- procurement of supplies and services for the Government, except
- pursuant to 2635.204(l).
-
- [57 FR 35041, Aug. 7, 1992; 57 FR 48557, Oct. 27, 1992]
-
- 2635.203 Definitions.
-
- For purposes of this subpart, the following definitions
- shall apply:
-
- (a) Agency has the meaning set forth in 2635.102(a).
- However, for purposes of this subpart, an executive department,
- as defined in 5 U.S.C. 101, may, by supplemental agency
- regulation, designate as a separate agency any component of that
- department which the department determines exercises distinct and
- separate functions.
-
- (b) Gift includes any gratuity, favor, discount,
- entertainment, hospitality, loan, forbearance, or other item
- having monetary value. It includes services as well as gifts of
- training, transportation, local travel, lodgings and meals,
- whether provided in-kind, by purchase of a ticket, payment in
- advance, or reimbursement after the expense has been incurred. It
- does not include:
-
- (1) Modest items of food and refreshments, such as soft
- drinks, coffee and donuts, offered other than as part of a meal;
-
- (2) Greeting cards and items with little intrinsic value,
- such as plaques, certificates, and trophies, which are intended
- solely for presentation;
-
- (3) Loans from banks and other financial institutions on
- terms generally available to the public;
-
- (4) Opportunities and benefits, including favorable rates
- and commercial discounts, available to the public or to a class
- consisting of all Government employees or all uniformed military
- personnel, whether or not restricted on the basis of geographic
- considerations;
-
- (5) Rewards and prizes given to competitors in contests or
- events, including random drawings, open to the public unless the
- employee's entry into the contest or event is required as part of
- his official duties;
-
- (6) Pension and other benefits resulting from continued
- participation in an employee welfare and benefits plan maintained
- by a former employer;
-
- (7) Anything which is paid for by the Government or
- secured by the Government under Government contract;
-
- Note: Some airlines encourage those purchasing tickets to
- join programs that award free flights and other benefits to
- frequent fliers. Any such benefit earned on the basis of
- Government-financed travel belongs to the agency rather than to
- the employee and may be accepted only insofar as provided under
- 41 CFR 301 - 1.6(b).
-
- (8) Any gift accepted by the Government under specific
- statutory authority, including:
-
- (i) Travel, subsistence, and related expenses accepted by
- an agency under the authority of 31 U.S.C. 1353 in connection
- with an employee's attendance at a meeting or similar function
- relating to his official duties which takes place away from his
- duty station. The agency's acceptance must be in accordance with
- the implementing regulations at 41 CFR part 304 - 1; and
-
- (ii) Other gifts provided in-kind which have been
- accepted by an agency under its agency gift acceptance statute;
- or
-
- (9) Anything for which market value is paid by the
- employee.
-
- (c) Market value means the retail cost the employee would
- incur to purchase the gift. An employee who cannot ascertain the
- market value of a gift may estimate its market value by reference
- to the retail cost of similar items of like quality. The market
- value of a gift of a ticket entitling the holder to food,
- refreshments, entertainment, or any other benefit shall be the
- face value of the ticket.
-
- Example 1: An employee who has been given an acrylic
- paperweight embedded with the corporate logo of a prohibited
- source may determine its market value based on her observation
- that a comparable acrylic paperweight, not embedded with a logo,
- generally sells for about $20.
-
- Example 2: A prohibited source has offered an employee a
- ticket to a charitable event consisting of a cocktail reception
- to be followed by an evening of chamber music. Even though the
- food, refreshments, and entertainment provided at the event may
- be worth only $20, the market value of the ticket is its $250
- face value.
-
- (d) Prohibited source means any person who:
-
- (1) Is seeking official action by the employee's agency;
-
- (2) Does business or seeks to do business with the
- employee's agency;
-
- (3) Conducts activities regulated by the employee's
- agency;
-
- (4) Has interests that may be substantially affected by
- performance or nonperformance of the employee's official duties;
- or
-
- (5) Is an organization a majority of whose members are
- described in paragraphs (d) (1) through (4) of this section.
-
- (e) A gift is solicited or accepted because of the
- employee's official position if it is from a person other than an
- employee and would not have been solicited, offered, or given had
- the employee not held his position as a Federal employee.
-
- Note: Gifts between employees are subject to the
- limitations set forth in subpart C of this part.
-
- Example 1: Where free season tickets are offered by an
- opera guild to all members of the Cabinet, the gift is offered
- because of their official positions.
-
- (f) A gift which is solicited or accepted indirectly
- includes a gift:
-
- (1) 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
-
- (2) Given to any other person, including any charitable
- organization, on the basis of designation, recommendation, or
- other specification by the employee, except as permitted for the
- disposition of perishable items by 2635.205(a)(2) or for payments
- made to charitable organizations in lieu of honoraria under
- 2636.204 of this chapter.
-
- Example 1: An employee who must decline a gift of a
- personal computer pursuant to this subpart may not suggest that
- the gift be given instead to one of five charitable organizations
- whose names are provided by the employee.
-
- (g) Vendor promotional training means training provided by
- any person for the purpose of promoting its products or services.
- It does not include training provided under a Government contract
- or by a contractor to facilitate use of products or services it
- furnishes under a Government contract.
-
- 2635.204 Exceptions.
-
- The prohibitions set forth in 2635.202(a) do not apply to
- a gift accepted under the circumstances described in paragraphs
- (a) through (l) of this section and a gift accepted in accordance
- with one of those paragraphs will not be deemed to violate the
- principles set forth in 2635.101(b). Even though acceptance of a
- gift may be permitted by one of the exceptions contained in
- paragraphs (a) through (l) of this section, it is never
- inappropriate and frequently prudent for an employee to decline a
- gift offered by a prohibited source or because of his official
- position.
-
- (a) Gifts of $20 or less. An employee may accept
- unsolicited gifts having an aggregate market value of $20 or less
- per occasion, provided that the aggregate market value of
- individual gifts received from any one person under the authority
- of this paragraph shall not exceed $50 in a calendar year. This
- exception does not apply to gifts of cash or of investment
- interests such as stock, bonds, or certificates of deposit. Where
- the market value of a gift or the aggregate market value of gifts
- offered on any single occasion exceeds $20, the employee may not
- pay the excess value over $20 in order to accept that portion of
- the gift or those gifts worth $20. Where the aggregate value of
- tangible items offered on a single occasion exceeds $20, the
- employee may decline any distinct and separate item in order to
- accept those items aggregating $20 or less.
-
- Example 1: An employee of the Securities and Exchange
- Commission and his spouse have been invited by a representative
- of a regulated entity to a Broadway play, tickets to which have a
- face value of $30 each. The aggregate market value of the gifts
- offered on this single occasion is $60, $40 more than the $20
- amount that may be accepted for a single event or presentation.
- The employee may not accept the gift of the evening of
- entertainment. He and his spouse may attend the play only if he
- pays the full $60 value of the two tickets.
-
- Example 2: An employee of the Defense Mapping Agency has
- been invited by an association of cartographers to speak about
- his agency's role in the evolution of missile technology. At the
- conclusion of his speech, the association presents the employee a
- framed map with a market value of $18 and a book about the
- history of cartography with a market value of $15. The employee
- may accept the map or the book, but not both, since the aggregate
- value of these two tangible items exceeds $20.
-
- Example 3: On four occasions during the calendar year, an
- employee of the Defense Logistics Agency was given gifts worth
- $10 each by four employees of a corporation that is a DLA
- contractor. For purposes of applying the yearly $50 limitation on
- gifts of $20 or less from any one person, the four gifts must be
- aggregated because a person is defined at 2635.102(k) to mean not
- only the corporate entity, but its officers and employees as
- well. However, for purposes of applying the $50 aggregate
- limitation, the employee would not have to include the value of a
- birthday present received from his cousin, who is employed by the
- same corporation, if he can accept the birthday present under the
- exception at 2635.204(b) for gifts based on a personal
- relationship.
-
- Example 4: Under the authority of 31 U.S.C. 1353 for
- agencies to accept payments from non-Federal sources in
- connection with attendance at certain meetings or similar
- functions, the Environmental Protection Agency has accepted an
- association's gift of travel expenses and conference fees for an
- employee of its Office of Radiation Programs to attend an
- international conference on ``The Chernobyl Experience.'' While
- at the conference, the employee may accept a gift of $20 or less
- from the association or from another person attending the
- conference even though it was not approved in advance by the EPA.
- Although 31 U.S.C. 1353 is the only authority under which an
- agency may accept gifts from certain non-Federal sources in
- connection with its employees' attendance at such functions, a
- gift of $20 or less accepted under 2635.204(a) is a gift to the
- employee rather than to his employing agency.
-
- Example 5: A Navy contracting officer is participating in
- a procurement for environmental cleanup services at a Navy
- installation that has recently been closed. She is presently
- involved in negotiations with three competing contractors, one of
- whom has offered her a fancy ballpoint pen embossed with its
- corporate logo. Even though the pen has a market value of $18 and
- could be accepted under the $20 de minimis exception at
- 2635.204(a), the contracting officer cannot accept the competing
- contractor's gift. Under the procurement integrity provisions at
- 41 U.S.C. 423, she is a ``procurement official'' for that
- contract and, except as specifically permitted by the regulations
- implementing that statute, she is prohibited prior to award from
- accepting a gift from a competing contractor for that contract.
- The Federal Acquisition Regulation at 48 CFR 3.104 contains an
- exception for gifts with a market value of $10 or less.
-
- (b) Gifts based on a personal relationship. An employee
- may accept a gift given under circumstances which make it clear
- that the gift is motivated by a family relationship or personal
- friendship rather than the position of the employee. Relevant
- factors in making such a determination include the history of the
- relationship and whether the family member or friend personally
- pays for the gift.
-
- Example 1: An employee of the Federal Deposit Insurance
- Corporation has been dating a secretary employed by a member
- bank. For Secretary's Week, the bank has given each secretary 2
- tickets to an off-Broadway musical review and has urged each to
- invite a family member or friend to share the evening of
- entertainment. Under the circumstances, the FDIC employee may
- accept his girlfriend's invitation to the theater. Even though
- the tickets were initially purchased by the member bank, they
- were given without reservation to the secretary to use as she
- wished, and her invitation to the employee was motivated by their
- personal friendship.
-
- Example 2: Three partners in a law firm that handles
- corporate mergers have invited an employee of the Federal Trade
- Commission to join them in a golf tournament at a private club at
- the firm's expense. The entry fee is $500 per foursome. The
- employee cannot accept the gift of one-quarter of the entry fee
- even though he and the three partners have developed an amicable
- relationship as a result of the firm's dealings with the FTC. As
- evidenced in part by the fact that the fees are to be paid by the
- firm, it is not a personal friendship but a business relationship
- that is the motivation behind the partners' gift.
-
- (c) Discounts and similar benefits. In addition to those
- opportunities and benefits excluded from the definition of a gift
- by 2635.203(b)(4), an employee may accept:
-
- (1) Reduced membership or other fees for participation in
- organization activities offered to all Government employees or
- all uniformed military personnel by professional organizations if
- the only restrictions on membership relate to professional
- qualifications; and
-
- (2) Opportunities and benefits, including favorable rates
- and commercial discounts not precluded by paragraph (c)(3) of
- this section:
-
- (i) Offered to members of a group or class in which
- membership is unrelated to Government employment;
-
- (ii) Offered to members of an organization, such as an
- employees' association or agency credit union, in which
- membership is related to Government employment if the same offer
- is broadly available to large segments of the public through
- organizations of similar size; or
-
- (iii) Offered by a person who is not a prohibited source
- to any group or class that is not defined in a manner that
- specifically discriminates among Government employees on the
- basis of type of official responsibility or on a basis that
- favors those of higher rank or rate of pay; provided, however,
- that
-
- (3) An employee may not accept for personal use any
- benefit to which the Government is entitled as the result of an
- expenditure of Government funds.
-
- Example 1: An employee of the Consumer Product Safety
- Commission may accept a discount of $50 on a microwave oven
- offered by the manufacturer to all members of the CPSC employees'
- association. Even though the CPSC is currently conducting studies
- on the safety of microwave ovens, the $50 discount is a standard
- offer that the manufacturer has made broadly available through a
- number of similar organizations to large segments of the public.
-
- Example 2: An Assistant Secretary may not accept a local
- country club's offer of membership to all members of Department
- Secretariats which includes a waiver of its $5,000 membership
- initiation fee. Even though the country club is not a prohibited
- source, the offer discriminates in favor of higher ranking
- officials.
-
- Example 3: The administrative officer for a district
- office of the Immigration and Naturalization Service has signed
- an INS order to purchase 50 boxes of photocopy paper from a
- supplier whose literature advertises that it will give a free
- briefcase to anyone who purchases 50 or more boxes. Because the
- paper was purchased with INS funds, the administrative officer
- cannot keep the briefcase which, if claimed and received, is
- Government property.
-
- (d) Awards and honorary degrees. (1) An employee may
- accept gifts, other than cash or an investment interest, with an
- aggregate market value of $200 or less if such gifts are a bona
- fide award or incident to a bona fide award that is given for
- meritorious public service or achievement by a person who does
- not have interests that may be substantially affected by the
- performance or nonperformance of the employee's official duties
- or by an association or other organization the majority of whose
- members do not have such interests. Gifts with an aggregate
- market value in excess of $200 and awards of cash or investment
- interests offered by such persons as awards or incidents of
- awards that are given for these purposes may be accepted upon a
- written determination by an agency ethics official that the award
- is made as part of an established program of recognition:
-
- (i) Under which awards have been made on a regular basis
- or which is funded, wholly or in part, to ensure its continuation
- on a regular basis; and
-
- (ii) Under which selection of award recipients is made
- pursuant to written standards.
-
- (2) An employee may accept an honorary degree from an
- institution of higher education as defined at 20 U.S.C. 1141(a)
- based on a written determination by an agency ethics official
- that the timing of the award of the degree would not cause a
- reasonable person to question the employee's impartiality in a
- matter affecting the institution.
-
- (3) An employee who may accept an award or honorary degree
- pursuant to paragraph (d)(1) or (2) of this section may also
- accept meals and entertainment given to him and to members of his
- family at the event at which the presentation takes place.
-
- Example 1: Based on a determination by an agency ethics
- official that the prize meets the criteria set forth in
- 2635.204(d)(1), an employee of the National Institutes of Health
- may accept the Nobel Prize for Medicine, including the cash award
- which accompanies the prize, even though the prize was conferred
- on the basis of laboratory work performed at NIH.
-
- Example 2: Prestigious University wishes to give an
- honorary degree to the Secretary of Labor. The Secretary may
- accept the honorary degree only if an agency ethics official
- determines in writing that the timing of the award of the degree
- would not cause a reasonable person to question the Secretary's
- impartiality in a matter affecting the university.
-
- Example 3: An ambassador selected by a nonprofit
- organization as recipient of its annual award for distinguished
- service in the interest of world peace may, together with his
- wife, and children, attend the awards ceremony dinner and accept
- a crystal bowl worth $200 presented during the ceremony. However,
- where the organization has also offered airline tickets for the
- ambassador and his family to travel to the city where the awards
- ceremony is to be held, the aggregate value of the tickets and
- the crystal bowl exceeds $200 and he may accept only upon a
- written determination by the agency ethics official that the
- award is made as part of an established program of recognition.
-
- (e) Gifts based on outside business or employment
- relationships. An employee may accept meals, lodgings,
- transportation and other benefits:
-
- (1) Resulting from the business or employment activities
- of an employee's spouse when it is clear that such benefits have
- not been offered or enhanced because of the employee's official
- position;
-
- Example 1: A Department of Agriculture employee whose
- husband is a computer programmer employed by an Agriculture
- Department contractor may attend the company's annual retreat for
- all of its employees and their families held at a resort
- facility. However, under 2635.502, the employee may be
- disqualified from performing official duties affecting her
- husband's employer.
-
- Example 2: Where the spouses of other clerical personnel
- have not been invited, an employee of the Defense Contract Audit
- Agency whose wife is a clerical worker at a defense contractor
- may not attend the contractor's annual retreat in Hawaii for
- corporate officers and members of the board of directors, even
- though his wife received a special invitation for herself and her
- spouse.
-
- (2) Resulting from his outside business or employment
- activities when it is clear that such benefits have not been
- offered or enhanced because of his official status; or
-
- Example 1: The members of an Army Corps of Engineers
- environmental advisory committee that meets 6 times per year are
- special Government employees. A member who has a consulting
- business may accept an invitation to a $50 dinner from her
- corporate client, an Army construction contractor, unless, for
- example, the invitation was extended in order to discuss the
- activities of the committee.
-
- (3) Customarily provided by a prospective employer in
- connection with bona fide employment discussions. If the
- prospective employer has interests that could be affected by
- performance or nonperformance of the employee's duties,
- acceptance is permitted only if the employee first has complied
- with the disqualification requirements of subpart F of this part
- applicable when seeking employment.
-
- Example 1: An employee of the Federal Communications
- Commission with responsibility for drafting regulations affecting
- all cable television companies wishes to apply for a job opening
- with a cable television holding company. Once she has properly
- disqualified herself from further work on the regulations as
- required by subpart F of this part, she may enter into employment
- discussions with the company and may accept the company's offer
- to pay for her airfare, hotel and meals in connection with an
- interview trip.
-
- (4) For purposes of paragraphs (e)(1) through (3) of this
- section, employment shall have the meaning set forth in
- 2635.603(a).
-
- (f) Gifts from a political organization. An employee who
- is exempt under 5 U.S.C. 7324(d) from the Hatch Act prohibitions
- against active participation in political management or political
- campaigns may accept meals, lodgings, transportation and other
- benefits, including free attendance at events, when provided, in
- connection with such active participation, by a political
- organization described in 26 U.S.C. 527(e). Any other employee,
- such as a security officer, whose official duties require him to
- accompany an exempt employee to a political event may accept
- meals, free attendance and entertainment provided at the event by
- such a political organization.
-
- Example 1: The Secretary of the Department of Health and
- Human Services is exempt from the noted Hatch Act restrictions.
- He may accept an airline ticket and hotel accommodations
- furnished by the campaign committee of a candidate for the United
- States Senate in order to give a speech in support of the
- candidate.
-
- (g) Widely attended gatherings and other events -- (1)
- Speaking and similar engagements. When an employee is assigned to
- participate as a speaker or panel participant or otherwise to
- present information on behalf of the agency at a conference or
- other event, his acceptance of an offer of free attendance at the
- event on the day of his presentation is permissible when provided
- by the sponsor of the event. The employee's participation in the
- event on that day is viewed as a customary and necessary part of
- his performance of the assignment and does not involve a gift to
- him or to the agency.
-
- (2) Widely attended gatherings. When there has been a
- determination that his attendance is in the interest of the
- agency because it will further agency programs or operations, an
- employee may accept a sponsor's unsolicited gift of free
- attendance at all or appropriate parts of a widely attended
- gathering of mutual interest to a number of parties. A gathering
- is widely attended if, for example, it is open to members from
- throughout a given industry or profession or if those in
- attendance represent a range of persons interested in a given
- matter. For employees subject to a leave system, attendance at
- the event shall be on the employee's own time or, if authorized
- by the employee's agency, on excused absence pursuant to
- applicable guidelines for granting such absence, or otherwise
- without charge to the employee's leave account.
-
- (3) Determination of agency interest. The determination of
- agency interest required by paragraph (g)(2) of this section
- shall be made orally or in writing by the agency designee.
-
- (i) If the sponsor is a person who has interests that may
- be substantially affected by the performance or nonperformance of
- an employee's official duties or an association or organization
- the majority of whose members have such interests, the employee's
- participation may be determined to be in the interest of the
- agency only where there is a written finding by the agency
- designee that the agency's interest in the employee's
- participation in the event outweighs concern that acceptance of
- the gift of free attendance may or may appear to improperly
- influence the employee in the performance of his official duties.
- Relevant factors that should be considered by the agency designee
- include the importance of the event to the agency, the nature and
- sensitivity of any pending matter affecting the interests of the
- sponsor of the event, the significance of the employee's role in
- any such matter, the purpose of the event, the identity of other
- expected participants and the monetary value of the gift of free
- attendance.
-
- (ii) A blanket determination of agency interest may be
- issued to cover all or any category of invitees other than those
- as to whom a finding is required by paragraph (g)(3)(i) of this
- section. Where a finding under paragraph (g)(3)(i) of this
- section is required, a written determination of agency interest,
- including the necessary finding, may be issued to cover two or
- more employees whose duties similarly affect the interests of the
- sponsor or its members.
-
- (4) Free attendance. For purposes of paragraphs (g) (1)
- and (2) of this section, free attendance may include waiver of
- all or part of a conference or other fee or the provision of
- food, refreshments, entertainment, instruction and materials
- furnished to all attendees as an integral part of the event. It
- does not include travel expenses, lodgings, entertainment
- collateral to the event, or meals taken other than in a group
- setting with all other attendees.
-
- Note: There are statutory authorities implemented other
- than by part 2635 under which an agency or an employee may be
- able to accept free attendance or other items not included in the
- definition of free attendance, such as travel expenses.
-
-