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2635.105 Supplemental agency regulations. In addition to the regulations set forth in this part, an ì employee shall comply with any supplemental agency regulations ì issued by his employing agency under this section. (a) An agency that wishes to supplement this part shall ì prepare and submit to the Office of Government Ethics, for its ì concurrence and joint issuance, any agency regulations that ì supplement the regulations contained in this part. Supplemental ì agency regulations which the agency determines are necessary and ì appropriate, in view of its programs and operations, to fulfill ì the purposes of this part shall be: ≡7É3 è (1) In the form of a supplement to the regulations in this ì part; and (2) In addition to the substantive provisions of this ì part. (b) After concurrence and co-signature by the Office of ì Government Ethics, the agency shall submit its supplemental ì agency regulations to the Federal Register for publication and ì codification at the expense of the agency in title 5 of the Code ì of Federal Regulations. Supplemental agency regulations issued ì under this section are effective only after concurrence and ì co-signature by the Office of Government Ethics and publication ì in the Federal Register. (c) This section applies to any supplemental agency ì regulations or amendments thereof issued under this part. It does ì not apply to: (1) A handbook or other issuance intended merely as an ì explanation of the standards contained in this part or in ì supplemental agency regulations; (2) An instruction or other issuance the purpose of which ì is to: (i) Delegate to an agency designee authority to make any ì determination, give any approval or take any other action ì required or permitted by this part or by supplemental agency ì regulations; or (ii) Establish internal agency procedures for documenting ì or processing any determination, approval or other action ì required or permitted by this part or by supplemental agency ì regulations, or for retaining any such documentation; or (3) Regulations or instructions that an agency has ì authority, independent of this part, to issue, such as ì regulations implementing an agency's gift acceptance statute, ì protecting categories of nonpublic information or establishing ì standards for use of Government vehicles. Where the content of ì any such regulations or instructions was included in the agency's ì standards of conduct regulations issued pursuant to Executive ì Order 11222 and the Office of Government Ethics concurs that they ì need not be issued as part of an agency's supplemental agency ì regulations, those regulations or instructions may be promulgated ì 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 ì part or of supplemental agency regulations may be cause for appropriate ì corrective or disciplinary action to be taken under applicable ≡7É3 ìèGovernmentwide regulations or agency procedures. Such action may ì be in addition to any action or penalty prescribed by law. (b) It is the responsibility of the employing agency to ì initiate appropriate disciplinary or corrective action in ì individual cases. However, corrective action may be ordered or ì disciplinary action recommended by the Director of the Office of ì Government Ethics under the procedures at part 2638 of this ì chapter. (c) A violation of this part or of supplemental agency ì regulations, as such, does not create any right or benefit, ì substantive or procedural, enforceable at law by any person ì against the United States, its agencies, its officers or ì employees, or any other person. Thus, for example, an individual ì who alleges that an employee has failed to adhere to laws and ì regulations that provide equal opportunity regardless of race, ì color, religion, sex, national origin, age, or handicap is ì required to follow applicable statutory and regulatory ì procedures, including those of the Equal Employment Opportunity ì Commission. 2635.107 Ethics advice. (a) As required by 2638.201 and 2638.202(b) of this ì chapter, each agency has a designated agency ethics official who, ì on the agency's behalf, is responsible for coordinating and ì managing the agency's ethics program, as well as an alternate. ì The designated agency ethics official has authority under ì 2638.204 of this chapter to delegate certain responsibilities, ì including that of providing ethics counseling regarding the ì application of this part, to one or more deputy ethics officials. (b) Employees who have questions about the application of ì this part or any supplemental agency regulations to particular ì situations should seek advice from an agency ethics official. ì Disciplinary action for violating this part or any supplemental ì agency regulations will not be taken against an employee who has ì engaged in conduct in good faith reliance upon the advice of an ì agency ethics official, provided that the employee, in seeking ì such advice, has made full disclosure of all relevant ì circumstances. Where the employee's conduct violates a criminal ì statute, reliance on the advice of an agency ethics official ì cannot ensure that the employee will not be prosecuted under that ì statute. However, good faith reliance on the advice of an agency ì ethics official is a factor that may be taken into account by the ì Department of Justice in the selection of cases for prosecution. ì Disclosures made by an employee to an agency ethics official are ì not protected by an attorney-client privilege. An agency ethics ì official is required by 28 U.S.C. 535 to report any information ì he receives relating to a violation of the criminal code, title ì 18 of the United States Code. Subpart B -- Gifts From Outside Sources ≡7É3 è2635.201 Overview. This subpart contains standards that prohibit an employee ì from soliciting or accepting any gift from a prohibited source or ì given because of the employee's official position unless the item ì is excluded from the definition of a gift or falls within one of ì the exceptions set forth in this subpart. 2635.202 General standards. (a) General prohibitions. Except as provided in this ì subpart, an employee shall not, directly or indirectly, solicit ì 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 ì accepted in violation of paragraph (c)(1) of this section, a gift ì accepted under the standards set forth in this subpart shall not ì constitute an illegal gratuity otherwise prohibited by 18 U.S.C. ì 201(c)(1)(B). (c) Limitations on use of exceptions. Notwithstanding any ì exception provided in this subpart, other than 2635.204(j), an ì employee shall not: (1) Accept a gift in return for being influenced in the ì 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 ì basis so frequent that a reasonable person would be led to ì believe the employee is using his public office for private gain; Example 1: A purchasing agent for a Veterans ì Administration hospital routinely deals with representatives of ì pharmaceutical manufacturers who provide information about new ì company products. Because of his crowded calendar, the purchasing ì agent has offered to meet with manufacturer representatives ì during his lunch hours Tuesdays through Thursdays and the ì representatives routinely arrive at the employee's office ì bringing a sandwich and a soft drink for the employee. Even ì though the market value of each of the lunches is less than $6 ì and the aggregate value from any one manufacturer does not exceed ì the $50 aggregate limitation in 2635.204(a) on de minimis gifts ì of $20 or less, the practice of accepting even these modest gifts ì on a recurring basis is improper. (4) Accept a gift in violation of any statute. Relevant ì statutes applicable to all employees include: (i) 18 U.S.C. 201(b), which prohibits a public official ≡7É3 ìèfrom seeking, accepting, or agreeing to receive or accept ì anything of value in return for being influenced in the ì performance of an official act or for being induced to take or ì omit to take any action in violation of his official duty. As ì used in 18 U.S.C. 201(b), the term ``public official'' is broadly ì construed and includes regular and special Government employees ì as well as all other Government officials; (ii) 18 U.S.C. 209, which prohibits an employee, other ì than a special Government employee, from receiving any salary or ì any contribution to or supplementation of salary from any source ì other than the United States as compensation for services as a ì Government employee. The statute contains several specific ì exceptions to this general prohibition, including an exception ì for contributions made from the treasury of a State, county, or ì municipality; and (iii) 41 U.S.C. 423(b)(2), which prohibits a procurement ì official from seeking, accepting, or agreeing to receive any ì money, gratuity, or other thing of value from any officer, ì employee, representative, agent, or consultant of a competing ì contractor during the conduct of a Federal agency procurement. ì Implementing regulations, including exceptions to the gift ì prohibition, are contained in the Federal Acquisition Regulation, ì 48 CFR 3.104; or (5) Accept vendor promotional training contrary to ì applicable regulations, policies or guidance relating to the ì procurement of supplies and services for the Government, except ì 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 ì shall apply: (a) Agency has the meaning set forth in 2635.102(a). ì However, for purposes of this subpart, an executive department, ì as defined in 5 U.S.C. 101, may, by supplemental agency ì regulation, designate as a separate agency any component of that ì department which the department determines exercises distinct and ì separate functions. (b) Gift includes any gratuity, favor, discount, ì entertainment, hospitality, loan, forbearance, or other item ì having monetary value. It includes services as well as gifts of ì training, transportation, local travel, lodgings and meals, ì whether provided in-kind, by purchase of a ticket, payment in ì advance, or reimbursement after the expense has been incurred. It ì does not include: (1) Modest items of food and refreshments, such as soft ì drinks, coffee and donuts, offered other than as part of a meal; ≡7É3 è (2) Greeting cards and items with little intrinsic value, ì such as plaques, certificates, and trophies, which are intended ì solely for presentation; (3) Loans from banks and other financial institutions on ì terms generally available to the public; (4) Opportunities and benefits, including favorable rates ì and commercial discounts, available to the public or to a class ì consisting of all Government employees or all uniformed military ì personnel, whether or not restricted on the basis of geographic ì considerations; (5) Rewards and prizes given to competitors in contests or ì events, including random drawings, open to the public unless the ì employee's entry into the contest or event is required as part of ì his official duties; (6) Pension and other benefits resulting from continued ì participation in an employee welfare and benefits plan maintained ì by a former employer; (7) Anything which is paid for by the Government or ì secured by the Government under Government contract; Note: Some airlines encourage those purchasing tickets to ì join programs that award free flights and other benefits to ì frequent fliers. Any such benefit earned on the basis of ì Government-financed travel belongs to the agency rather than to ì the employee and may be accepted only insofar as provided under ì 41 CFR 301 - 1.6(b). (8) Any gift accepted by the Government under specific ì statutory authority, including: (i) Travel, subsistence, and related expenses accepted by ì an agency under the authority of 31 U.S.C. 1353 in connection ì with an employee's attendance at a meeting or similar function ì relating to his official duties which takes place away from his ì duty station. The agency's acceptance must be in accordance with ì the implementing regulations at 41 CFR part 304 - 1; and (ii) Other gifts provided in-kind which have been ì accepted by an agency under its agency gift acceptance statute; ì or (9) Anything for which market value is paid by the ì employee. (c) Market value means the retail cost the employee would ì incur to purchase the gift. An employee who cannot ascertain the ì market value of a gift may estimate its market value by reference ì to the retail cost of similar items of like quality. The market ì value of a gift of a ticket entitling the holder to food, ≡7É3 ìèrefreshments, entertainment, or any other benefit shall be the ì face value of the ticket. Example 1: An employee who has been given an acrylic ì paperweight embedded with the corporate logo of a prohibited ì source may determine its market value based on her observation ì that a comparable acrylic paperweight, not embedded with a logo, ì generally sells for about $20. Example 2: A prohibited source has offered an employee a ì ticket to a charitable event consisting of a cocktail reception ì to be followed by an evening of chamber music. Even though the ì food, refreshments, and entertainment provided at the event may ì be worth only $20, the market value of the ticket is its $250 ì 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 ì employee's agency; (3) Conducts activities regulated by the employee's ì agency; (4) Has interests that may be substantially affected by ì performance or nonperformance of the employee's official duties; ì or (5) Is an organization a majority of whose members are ì described in paragraphs (d) (1) through (4) of this section. (e) A gift is solicited or accepted because of the ì employee's official position if it is from a person other than an ì employee and would not have been solicited, offered, or given had ì the employee not held his position as a Federal employee. Note: Gifts between employees are subject to the ì limitations set forth in subpart C of this part. Example 1: Where free season tickets are offered by an ì opera guild to all members of the Cabinet, the gift is offered ì because of their official positions. (f) A gift which is solicited or accepted indirectly ì includes a gift: (1) Given with the employee's knowledge and acquiescence ì to his parent, sibling, spouse, child, or dependent relative ì because of that person's relationship to the employee, or (2) Given to any other person, including any charitable ì organization, on the basis of designation, recommendation, or ì other specification by the employee, except as permitted for the ≡7É3 ìèdisposition of perishable items by 2635.205(a)(2) or for payments ì made to charitable organizations in lieu of honoraria under ì 2636.204 of this chapter. Example 1: An employee who must decline a gift of a ì personal computer pursuant to this subpart may not suggest that ì the gift be given instead to one of five charitable organizations ì whose names are provided by the employee. (g) Vendor promotional training means training provided by ì any person for the purpose of promoting its products or services. ì It does not include training provided under a Government contract ì or by a contractor to facilitate use of products or services it ì furnishes under a Government contract. 2635.204 Exceptions. The prohibitions set forth in 2635.202(a) do not apply to ì a gift accepted under the circumstances described in paragraphs ì (a) through (l) of this section and a gift accepted in accordance ì with one of those paragraphs will not be deemed to violate the ì principles set forth in 2635.101(b). Even though acceptance of a ì gift may be permitted by one of the exceptions contained in ì paragraphs (a) through (l) of this section, it is never ì inappropriate and frequently prudent for an employee to decline a ì gift offered by a prohibited source or because of his official ì position. (a) Gifts of $20 or less. An employee may accept ì unsolicited gifts having an aggregate market value of $20 or less ì per occasion, provided that the aggregate market value of ì individual gifts received from any one person under the authority ì of this paragraph shall not exceed $50 in a calendar year. This ì exception does not apply to gifts of cash or of investment ì interests such as stock, bonds, or certificates of deposit. Where ì the market value of a gift or the aggregate market value of gifts ì offered on any single occasion exceeds $20, the employee may not ì pay the excess value over $20 in order to accept that portion of ì the gift or those gifts worth $20. Where the aggregate value of ì tangible items offered on a single occasion exceeds $20, the ì employee may decline any distinct and separate item in order to ì accept those items aggregating $20 or less. Example 1: An employee of the Securities and Exchange ì Commission and his spouse have been invited by a representative ì of a regulated entity to a Broadway play, tickets to which have a ì face value of $30 each. The aggregate market value of the gifts ì offered on this single occasion is $60, $40 more than the $20 ì amount that may be accepted for a single event or presentation. ì The employee may not accept the gift of the evening of ì entertainment. He and his spouse may attend the play only if he ì pays the full $60 value of the two tickets. Example 2: An employee of the Defense Mapping Agency has ì been invited by an association of cartographers to speak about ≡7É3 ìèhis agency's role in the evolution of missile technology. At the ì conclusion of his speech, the association presents the employee a ì framed map with a market value of $18 and a book about the ì history of cartography with a market value of $15. The employee ì may accept the map or the book, but not both, since the aggregate ì value of these two tangible items exceeds $20. Example 3: On four occasions during the calendar year, an ì employee of the Defense Logistics Agency was given gifts worth ì $10 each by four employees of a corporation that is a DLA ì contractor. For purposes of applying the yearly $50 limitation on ì gifts of $20 or less from any one person, the four gifts must be ì aggregated because a person is defined at 2635.102(k) to mean not ì only the corporate entity, but its officers and employees as ì well. However, for purposes of applying the $50 aggregate ì limitation, the employee would not have to include the value of a ì birthday present received from his cousin, who is employed by the ì same corporation, if he can accept the birthday present under the ì exception at 2635.204(b) for gifts based on a personal ì relationship. Example 4: Under the authority of 31 U.S.C. 1353 for ì agencies to accept payments from non-Federal sources in ì connection with attendance at certain meetings or similar ì functions, the Environmental Protection Agency has accepted an ì association's gift of travel expenses and conference fees for an ì employee of its Office of Radiation Programs to attend an ì international conference on ``The Chernobyl Experience.'' While ì at the conference, the employee may accept a gift of $20 or less ì from the association or from another person attending the ì conference even though it was not approved in advance by the EPA. ì Although 31 U.S.C. 1353 is the only authority under which an ì agency may accept gifts from certain non-Federal sources in ì connection with its employees' attendance at such functions, a ì gift of $20 or less accepted under 2635.204(a) is a gift to the ì employee rather than to his employing agency. Example 5: A Navy contracting officer is participating in ì a procurement for environmental cleanup services at a Navy ì installation that has recently been closed. She is presently ì involved in negotiations with three competing contractors, one of ì whom has offered her a fancy ballpoint pen embossed with its ì corporate logo. Even though the pen has a market value of $18 and ì could be accepted under the $20 de minimis exception at ì 2635.204(a), the contracting officer cannot accept the competing ì contractor's gift. Under the procurement integrity provisions at ì 41 U.S.C. 423, she is a ``procurement official'' for that ì contract and, except as specifically permitted by the regulations ì implementing that statute, she is prohibited prior to award from ì accepting a gift from a competing contractor for that contract. ì The Federal Acquisition Regulation at 48 CFR 3.104 contains an ì exception for gifts with a market value of $10 or less. (b) Gifts based on a personal relationship. An employee ì may accept a gift given under circumstances which make it clear ≡7É3 ìèthat the gift is motivated by a family relationship or personal ì friendship rather than the position of the employee. Relevant ì factors in making such a determination include the history of the ì relationship and whether the family member or friend personally ì pays for the gift. Example 1: An employee of the Federal Deposit Insurance ì Corporation has been dating a secretary employed by a member ì bank. For Secretary's Week, the bank has given each secretary 2 ì tickets to an off-Broadway musical review and has urged each to ì invite a family member or friend to share the evening of ì entertainment. Under the circumstances, the FDIC employee may ì accept his girlfriend's invitation to the theater. Even though ì the tickets were initially purchased by the member bank, they ì were given without reservation to the secretary to use as she ì wished, and her invitation to the employee was motivated by their ì personal friendship. Example 2: Three partners in a law firm that handles ì corporate mergers have invited an employee of the Federal Trade ì Commission to join them in a golf tournament at a private club at ì the firm's expense. The entry fee is $500 per foursome. The ì employee cannot accept the gift of one-quarter of the entry fee ì even though he and the three partners have developed an amicable ì relationship as a result of the firm's dealings with the FTC. As ì evidenced in part by the fact that the fees are to be paid by the ì firm, it is not a personal friendship but a business relationship ì that is the motivation behind the partners' gift. (c) Discounts and similar benefits. In addition to those ì opportunities and benefits excluded from the definition of a gift ì by 2635.203(b)(4), an employee may accept: (1) Reduced membership or other fees for participation in ì organization activities offered to all Government employees or ì all uniformed military personnel by professional organizations if ì the only restrictions on membership relate to professional ì qualifications; and (2) Opportunities and benefits, including favorable rates ì and commercial discounts not precluded by paragraph (c)(3) of ì this section: (i) Offered to members of a group or class in which ì membership is unrelated to Government employment; (ii) Offered to members of an organization, such as an ì employees' association or agency credit union, in which ì membership is related to Government employment if the same offer ì is broadly available to large segments of the public through ì organizations of similar size; or (iii) Offered by a person who is not a prohibited source ì to any group or class that is not defined in a manner that ì specifically discriminates among Government employees on the ≡7É3 ìèbasis of type of official responsibility or on a basis that ì favors those of higher rank or rate of pay; provided, however, ì that (3) An employee may not accept for personal use any ì benefit to which the Government is entitled as the result of an ì expenditure of Government funds. Example 1: An employee of the Consumer Product Safety ì Commission may accept a discount of $50 on a microwave oven ì offered by the manufacturer to all members of the CPSC employees' ì association. Even though the CPSC is currently conducting studies ì on the safety of microwave ovens, the $50 discount is a standard ì offer that the manufacturer has made broadly available through a ì number of similar organizations to large segments of the public. Example 2: An Assistant Secretary may not accept a local ì country club's offer of membership to all members of Department ì Secretariats which includes a waiver of its $5,000 membership ì initiation fee. Even though the country club is not a prohibited ì source, the offer discriminates in favor of higher ranking ì officials. Example 3: The administrative officer for a district ì office of the Immigration and Naturalization Service has signed ì an INS order to purchase 50 boxes of photocopy paper from a ì supplier whose literature advertises that it will give a free ì briefcase to anyone who purchases 50 or more boxes. Because the ì paper was purchased with INS funds, the administrative officer ì cannot keep the briefcase which, if claimed and received, is ì Government property. (d) Awards and honorary degrees. (1) An employee may ì accept gifts, other than cash or an investment interest, with an ì aggregate market value of $200 or less if such gifts are a bona ì fide award or incident to a bona fide award that is given for ì meritorious public service or achievement by a person who does ì not have interests that may be substantially affected by the ì performance or nonperformance of the employee's official duties ì or by an association or other organization the majority of whose ì members do not have such interests. Gifts with an aggregate ì market value in excess of $200 and awards of cash or investment ì interests offered by such persons as awards or incidents of ì awards that are given for these purposes may be accepted upon a ì written determination by an agency ethics official that the award ì is made as part of an established program of recognition: (i) Under which awards have been made on a regular basis ì or which is funded, wholly or in part, to ensure its continuation ì on a regular basis; and (ii) Under which selection of award recipients is made ì pursuant to written standards. (2) An employee may accept an honorary degree from an ≡7É3 ìèinstitution of higher education as defined at 20 U.S.C. 1141(a) ì based on a written determination by an agency ethics official ì that the timing of the award of the degree would not cause a ì reasonable person to question the employee's impartiality in a ì matter affecting the institution. (3) An employee who may accept an award or honorary degree ì pursuant to paragraph (d)(1) or (2) of this section may also ì accept meals and entertainment given to him and to members of his ì family at the event at which the presentation takes place. Example 1: Based on a determination by an agency ethics ì official that the prize meets the criteria set forth in ì 2635.204(d)(1), an employee of the National Institutes of Health ì may accept the Nobel Prize for Medicine, including the cash award ì which accompanies the prize, even though the prize was conferred ì on the basis of laboratory work performed at NIH. Example 2: Prestigious University wishes to give an ì honorary degree to the Secretary of Labor. The Secretary may ì accept the honorary degree only if an agency ethics official ì determines in writing that the timing of the award of the degree ì would not cause a reasonable person to question the Secretary's ì impartiality in a matter affecting the university. Example 3: An ambassador selected by a nonprofit ì organization as recipient of its annual award for distinguished ì service in the interest of world peace may, together with his ì wife, and children, attend the awards ceremony dinner and accept ì a crystal bowl worth $200 presented during the ceremony. However, ì where the organization has also offered airline tickets for the ì ambassador and his family to travel to the city where the awards ì ceremony is to be held, the aggregate value of the tickets and ì the crystal bowl exceeds $200 and he may accept only upon a ì written determination by the agency ethics official that the ì award is made as part of an established program of recognition. (e) Gifts based on outside business or employment ì relationships. An employee may accept meals, lodgings, ì transportation and other benefits: (1) Resulting from the business or employment activities ì of an employee's spouse when it is clear that such benefits have ì not been offered or enhanced because of the employee's official ì position; Example 1: A Department of Agriculture employee whose ì husband is a computer programmer employed by an Agriculture ì Department contractor may attend the company's annual retreat for ì all of its employees and their families held at a resort ì facility. However, under 2635.502, the employee may be ì disqualified from performing official duties affecting her ì husband's employer. Example 2: Where the spouses of other clerical personnel ≡7É3 ìèhave not been invited, an employee of the Defense Contract Audit ì Agency whose wife is a clerical worker at a defense contractor ì may not attend the contractor's annual retreat in Hawaii for ì corporate officers and members of the board of directors, even ì though his wife received a special invitation for herself and her ì spouse. (2) Resulting from his outside business or employment ì activities when it is clear that such benefits have not been ì offered or enhanced because of his official status; or Example 1: The members of an Army Corps of Engineers ì environmental advisory committee that meets 6 times per year are ì special Government employees. A member who has a consulting ì business may accept an invitation to a $50 dinner from her ì corporate client, an Army construction contractor, unless, for ì example, the invitation was extended in order to discuss the ì activities of the committee. (3) Customarily provided by a prospective employer in ì connection with bona fide employment discussions. If the ì prospective employer has interests that could be affected by ì performance or nonperformance of the employee's duties, ì acceptance is permitted only if the employee first has complied ì with the disqualification requirements of subpart F of this part ì applicable when seeking employment. Example 1: An employee of the Federal Communications ì Commission with responsibility for drafting regulations affecting ì all cable television companies wishes to apply for a job opening ì with a cable television holding company. Once she has properly ì disqualified herself from further work on the regulations as ì required by subpart F of this part, she may enter into employment ì discussions with the company and may accept the company's offer ì to pay for her airfare, hotel and meals in connection with an ì interview trip. (4) For purposes of paragraphs (e)(1) through (3) of this ì section, employment shall have the meaning set forth in ì 2635.603(a). (f) Gifts from a political organization. An employee who ì is exempt under 5 U.S.C. 7324(d) from the Hatch Act prohibitions ì against active participation in political management or political ì campaigns may accept meals, lodgings, transportation and other ì benefits, including free attendance at events, when provided, in ì connection with such active participation, by a political ì organization described in 26 U.S.C. 527(e). Any other employee, ì such as a security officer, whose official duties require him to ì accompany an exempt employee to a political event may accept ì meals, free attendance and entertainment provided at the event by ì such a political organization. Example 1: The Secretary of the Department of Health and ì Human Services is exempt from the noted Hatch Act restrictions. ≡7É3 ìèHe may accept an airline ticket and hotel accommodations ì furnished by the campaign committee of a candidate for the United ì States Senate in order to give a speech in support of the ì candidate. (g) Widely attended gatherings and other events -- (1) ì Speaking and similar engagements. When an employee is assigned to ì participate as a speaker or panel participant or otherwise to ì present information on behalf of the agency at a conference or ì other event, his acceptance of an offer of free attendance at the ì event on the day of his presentation is permissible when provided ì by the sponsor of the event. The employee's participation in the ì event on that day is viewed as a customary and necessary part of ì his performance of the assignment and does not involve a gift to ì him or to the agency. (2) Widely attended gatherings. When there has been a ì determination that his attendance is in the interest of the ì agency because it will further agency programs or operations, an ì employee may accept a sponsor's unsolicited gift of free ì attendance at all or appropriate parts of a widely attended ì gathering of mutual interest to a number of parties. A gathering ì is widely attended if, for example, it is open to members from ì throughout a given industry or profession or if those in ì attendance represent a range of persons interested in a given ì matter. For employees subject to a leave system, attendance at ì the event shall be on the employee's own time or, if authorized ì by the employee's agency, on excused absence pursuant to ì applicable guidelines for granting such absence, or otherwise ì without charge to the employee's leave account. (3) Determination of agency interest. The determination of ì agency interest required by paragraph (g)(2) of this section ì shall be made orally or in writing by the agency designee. (i) If the sponsor is a person who has interests that may ì be substantially affected by the performance or nonperformance of ì an employee's official duties or an association or organization ì the majority of whose members have such interests, the employee's ì participation may be determined to be in the interest of the ì agency only where there is a written finding by the agency ì designee that the agency's interest in the employee's ì participation in the event outweighs concern that acceptance of ì the gift of free attendance may or may appear to improperly ì influence the employee in the performance of his official duties. ì Relevant factors that should be considered by the agency designee ì include the importance of the event to the agency, the nature and ì sensitivity of any pending matter affecting the interests of the ì sponsor of the event, the significance of the employee's role in ì any such matter, the purpose of the event, the identity of other ì expected participants and the monetary value of the gift of free ì attendance. (ii) A blanket determination of agency interest may be ì issued to cover all or any category of invitees other than those ≡7É3 ìèas to whom a finding is required by paragraph (g)(3)(i) of this ì section. Where a finding under paragraph (g)(3)(i) of this ì section is required, a written determination of agency interest, ì including the necessary finding, may be issued to cover two or ì more employees whose duties similarly affect the interests of the ì sponsor or its members. (4) Free attendance. For purposes of paragraphs (g) (1) ì and (2) of this section, free attendance may include waiver of ì all or part of a conference or other fee or the provision of ì food, refreshments, entertainment, instruction and materials ì furnished to all attendees as an integral part of the event. It ì does not include travel expenses, lodgings, entertainment ì collateral to the event, or meals taken other than in a group ì setting with all other attendees. Note: There are statutory authorities implemented other ì than by part 2635 under which an agency or an employee may be ì able to accept free attendance or other items not included in the ì definition of free attendance, such as travel expenses.