U.S. Office of Government Ethics
1201 New York Ave., NW
Suite 500
Washington, DC  20005-3917

				December 5, 2007

				DO-07-047

 

 

MEMORANDUM

TO:       Designated Agency Ethics Officials

FROM:     Robert I. Cusick
          Director 

SUBJECT:  Widely Attended Gatherings
 

The Office of Government Ethics (OGE) is issuing this memorandum
to provide ethics officials with guidance on what kinds of events
are covered by the widely attended gathering (WAG) exception to
the gift prohibitions in the Standards of Ethical Conduct for
Employees of the Executive Branch (Standards of Conduct).

Unless an exception applies, employees may not accept a gift from
a prohibited source or a gift given because of their official
position.  5 C.F.R. &#167; 2635.202(a).  One of the most commonly used
exceptions is for gifts of free attendance at a "widely attended
gathering of interest to a number of parties."  5 C.F.R. &#167;
2635.204(g)(2).  This exception also may generate more questions
for OGE and agency ethics officials than any other exception.
One of the most frequently asked questions is what does or does
not constitute a WAG?  The discussion below explains the general
criteria for answering this question in a given case and provides
several examples of recurring types of events that OGE has
evaluated over the years.  The memorandum concludes with a
reminder concerning the financial disclosure requirements
applicable to gifts accepted under the WAG exception.

A.  Overview of the WAG Exception

The WAG exception has several elements.  Not only must the event
be "widely attended," under the criteria described more fully
below, but a number of other requirements must be met.  First, an
agency designee must determine that the employee's attendance at
the event "is in the interest of the agency because it will
further agency programs and operations."  5 C.F.R. &#167; 2635.204(g)
(3).  Although this standard leaves considerable discretion with
the agency designee, sometimes it may be more difficult to make a
determination of agency interest with respect to certain types of
events, as noted below.

Also, a higher standard must be met if the donor has interests
that may be substantially affected by the performance of the
employee's official duties, or if the donor is an organization a
majority of whose members have such interests.  In such cases,
the agency designee must make a written finding that the agency's
interest outweighs any concern that the gift of free attendance
may appear to influence the employee's performance improperly.
Id.

Further criteria must be met if the cost of the employee's
attendance is provided by someone other than the sponsor of the
event.  &#167; 2635.204(g)(5)(explaining circumstances in which cost
is not provided by sponsor).  Such gifts from a nonsponsor may be
accepted only if more than 100 attendees are expected and the
cost of the employee's attendance does not exceed $305.  5 C.F.R.
&#167; 2635.204(g)(2).[1]

There also are important limits on the kinds of benefits or items
that an employee may accept under this provision.  The exception
permits a waiver of all or part of any attendance fee, as well as
food, refreshments, entertainment, instruction and materials
"furnished to all attendees as an integral part of the event."  &#167;
2635.204(g)(4).  The exception does not cover "entertainment
collateral to the event, or meals taken other than in a group
setting with all other attendees."  Id.  Nor does the exception
cover travel and lodging.

Additionally, the rule provides criteria concerning the status of
the employee during attendance at a WAG.  Specifically, if the
employee is subject to a personnel leave system, the employee
generally must attend the event on personal time.  However, an
employee may be authorized to attend on excused absence or
otherwise without charge to the employee's leave account,
pursuant to any applicable guidelines.

Finally, like all of the exceptions to the gift prohibitions, the
WAG exception is subject to the general limitations found in 5
C.F.R. &#167; 2635.202(c).  Thus, an employee may not coerce, or even
solicit, an offer of free attendance at a WAG.  Nor may an
employee accept free attendance in return for being influenced in
the performance of an official act.  Moreover, it bears
emphasizing that employees may not accept gifts of free
attendance "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."  5 C.F.R.
&#167; 2635.202(c)(3).[2]

B.  What is a WAG?

In order to understand what constitutes a widely attended
gathering, it is helpful to understand a little history about the
origin and purposes of the WAG exception.

As OGE stated when it first proposed the Standards of Conduct in
1991, the "exception for widely-attended gatherings . . . is one
that has been incorporated into the standards of conduct
regulations of many agencies."  56 Federal Register 33777, 33782
(July 23, 1991).[3]  OGE previously had explained the basic
purposes of such a provision: "We believe that there are certain
instances where an agency may have a legitimate interest in
permitting attendance at certain group events where food is
served so that employees may be able to meet on a less formal
basis and have an interchange of ideas with a variety of
individuals, including members of nongovernmental groups,
legislators and other Government agency personnel, who are
interested in but may have divergent positions on the same
issues."  OGE Informal Advisory Memorandum 87 x 13 (emphasis
added).  OGE emphasized that the focus was on "the larger group
gathering where the invitees and/or the hosts are more diverse."
Id. at fn. 1 (emphasis added).

These same purposes are still embodied in section 2635.204(g)(2).
In defining a WAG, the rule provides a two-part standard that
emphasizes both the size of the gathering and the diversity of
views or interests represented: "[a] gathering is widely attended
if it is expected that a large number of persons will attend and
that persons with a diversity of views or interests will be
present."  5 C.F.R. &#167; 2635.204(g)(2).[4]  The rule does not use
any numerical standards to define the necessary size or diversity
of a WAG.[5]  However, the examples following section 2635.204(g)
illustrate the concepts; example 3, in particular, indicates that
a small dinner party is not a WAG, that an event attended
primarily by the personnel of a particular company is not a WAG
regardless of the number of attendees, and that the presence of a
token representative of a divergent interest group will not cure
an otherwise non-diverse gathering.  In any case, the rule
plainly contemplates that the agency designee will make
sufficient inquiry into the number and diversity of expected
attendees at a given event before an employee is permitted to
rely on the exception.

OGE also still considers it fundamental that a WAG must provide
the opportunity for "an exchange of ideas" with a large and
diverse group.  OGE Informal Advisory Letter 99 x 2; see OGE
Informal Advisory Memorandum 87 x 13 ("interchange of ideas").
If an event is so structured that an employee has little
opportunity to exchange views with a large and diverse number of
persons, then the very purpose of the exception would be
defeated.  In fact, the requirement that attendees represent "a
diversity of views or interests" would be irrelevant if the
employee had no meaningful opportunity actually to exchange views
with those other attendees.  OGE does not consider such events to
be WAGs.  As described below, some social events may well provide
sufficient opportunities for exchange to be considered WAGs, but
most sporting, theatrical, and musical events do not.

C.  Recurring Types of Events

Over the years, employees and ethics officials have raised
questions about certain recurring scenarios, so OGE thought it
would be useful to summarize its advice with respect to the
following general categories of events.  Of course, a particular
event may raise unique issues that need to be evaluated on a
case-by-case basis, but the general guidance below should help
ethics officials determine whether many proposed events actually
qualify as WAGs.

1.  "Social" Events Generally

Although many of the events that fall within the WAG exception
have a substantive or educational component, such as conferences
and seminars, OGE long has held that some events that are
primarily social in nature also can qualify as WAGs.  See OGE
Informal Advisory Letters 99 x 2; 97 x 15; 94 x 2; 93 x 15.
Thus, agencies have applied the exception to a range of
receptions, gala celebrations, and similar social events over the
years.  This should not be surprising, considering the genesis of
the rule: as described above, the original impetus for this and
similar exceptions under the former agency standards of conduct
was the desire to afford employees the opportunity to meet with a
variety of persons in less formal settings than official working
meetings.

Of course, many social gatherings are not WAGs.  For example,
small dinner parties, whether held in a restaurant or a more
private setting, simply are not widely attended, even though the
guests may have the opportunity to exchange views.  See 5 C.F.R.
&#167; 2635.204(g)(example 3); OGE 87 x 13, fn. 1.  Likewise, some of
the specific types of events discussed below are social
occasions, such as sporting and theatrical events, that OGE
generally does not consider to be WAGs.

Even where a social event is widely attended, the agency still
must make a determination that the employee's attendance is in
the interest of the agency.  OGE has stated that it can be more
difficult to find that an employee's attendance is in the
agency's interest "when the event is primarily social as opposed
to when the event is in the nature of a conference or seminar."
OGE 93 x 15; see OGE 94 x 2 (same).  Likewise, OGE has indicated
that some social events may be more conducive than others to the
exchange of ideas.  See OGE 99 x 2.  Therefore, agencies are
advised to evaluate the circumstances of any social event
carefully, including the identity of likely attendees and the
expectation of exchanges that actually "will further agency
programs and operations."  5 C.F.R. &#167; 2635.204(g)(2).

2.  Charity Fundraisers

Fundraising events can be viewed as "one type of social
gathering."  OGE 99 x 2.  OGE has advised that nothing in the WAG
rule bars its application to fundraisers per se.  Id.[6]  One
might argue that a fundraising event does not reflect a
sufficient diversity of attendees, because all attendees are
united by their common support of the same charity.  However, OGE
does not read the diversity requirement in section 2635.204(g)(2)
to require this result.  In OGE's experience, fundraisers may
bring together persons with diverse interests and views on
broader public policy concerns that are related to the particular
charitable mission.  For instance, a fundraiser for a nonprofit
health organization might bring together public health advocates,
academic researchers, health industry representatives, and state
and Federal health officials, all of whom are interested in
health policy but have diverse perspectives.  Indeed, the
Standards of Conduct elsewhere recognize that a fundraiser can be
"an appropriate forum for the dissemination of information."  5
C.F.R. &#167; 2635.808(a)(3).

Nevertheless, agencies still need to determine that attendance by
an employee at any fundraiser really furthers agency interests.
In connection with fundraising events, OGE has noted that
"concerns about appearances and preferential treatment . . . may
still provide relevant considerations for an agency's use in
evaluating whether to approve an employee's acceptance of free
participation at widely attended gatherings as being in the
agency's interest."  OGE 99 x 2; see also OGE 89 x 2.  In other
words, ethics officials appropriately may consider whether it is
truly in the agency's interest for employees to accept free
attendance at a function devoted to singling out a particular
organization for special recognition and largesse.[7]  Moreover,
as always, it is important to consider whether an employee's
attendance is likely to result in the kinds of interaction in
which the agency is truly interested, given the structure and
content of the event and the identity of the other attendees.

3.  Sporting Events

OGE has received many questions from agency ethics officials and
others concerning the application of the WAG exception to
sporting events, such as baseball games, horse races, and golf
tournaments.  OGE has concluded that such events typically do not
qualify as WAGs.  Sporting events generally are not structured in
a way that facilitates the exchange of ideas among a large and
diverse group of attendees, which is the purpose of the WAG
exception.  Employees in these settings typically do not have
sufficient freedom to mix and converse with all other attendees.

Occasionally, OGE has been asked whether a sporting event can be
characterized as a WAG if there is a reception, either before,
during, or after the event.  Some have argued that a reception,
where attendees can move about and converse more freely, provides
an adequate opportunity for interaction with other attendees.
OGE does not agree that the mere availability of a reception is
sufficient to convert an entire sporting event into a WAG.  It is
true that the exception permits employees to accept free
"entertainment" furnished to all WAG attendees "as an integral
part of the event."  5 C.F.R. &#167; 2635.204(g)(4).  In most cases,
however, the real "event" is the sporting activity, not the
reception, which is simply ancillary to the main attraction.  It
would be a case of the "tail wagging the dog" to say that free
attendance at the main sporting event is justified because it is
"integral" to a clearly subsidiary reception.[8]

4.  Theatrical and Musical Events

OGE generally treats plays, operas, concerts, and similar
performances in the same way as sporting events.  Like sporting
events, performing arts presentations usually are not structured
to foster the kind of interchange among attendees envisioned by
the WAG rule.  Therefore, such performances ordinarily would not
constitute WAGs.  A possible exception might be a play or a movie
screening where attendees are invited to participate in a group
discussion of issues raised by the presentation as a significant
part of an overall event.  As with sporting events, OGE generally
would not view the availability of a reception as sufficient
reason to characterize an artistic or theatrical performance as a
WAG.

5.  Company Parties

Regulated companies, Government contractors, law firms and other
business entities sometimes invite agency employees to attend
private company parties, often during the holiday season.  In the
case where the expected attendance at these parties includes
individuals from a variety of types of organizations with a
diversity of view points such as clients, legislative branch
employees, executive branch employees from different agencies,
employees of non-Governmental organizations, suppliers,
customers, and others, OGE would view the event to be
sufficiently diverse to be a widely attended gathering.  However,
if the expected attendance at a party is limited to the company's
employees and a few executive branch employees from the same
agency, or to a similar group lacking a diversity of view points,
OGE generally would not view such a party as being sufficiently
widely attended.  These latter events often are largely for the
benefit of the company's own employees and do not permit the
opportunity for an exchange of ideas among participants with
adequately varied points of view.  See OGE Informal Advisory
Memorandum 06 x 7 (example following question 27).  Of course, an
agency must still determine that the employees attendance at the
party is in the agencys interest.  See the discussion of
Social Events Generally in Section C, paragraph (1) above.

6.  Contractor-Sponsored Seminars and Similar Events

Government contractors occasionally invite agency employees to
attend seminars and similar events devoted to various subjects.
Depending on the circumstances, these contractor-sponsored events
may or may not be WAGs.  Usually, the question turns on the
diversity of the attendees, which in turn may depend on the focus
of the event.

On the one hand, an event that is primarily focused on promoting
a given company's products and services to current or prospective
customers is not a WAG.  The intended audience for such an event
is generally confined to those who have an actual or potential
commercial relationship with a single company.  This is not the
kind of opportunity for exchange among persons with diverse
interests and views at which the rule is directed.[9]  Compare 5
C.F.R. &#167; 2635.204(g)(2)(gathering is diverse "for example, if it
is open to members from throughout the interested industry").

On the other hand, OGE has advised that the WAG exception may
apply to more diverse gatherings focused on broader issues than
the sponsor's own products.  In OGE 06 x 7, for example, we
indicated that an agency may authorize attendance at a
conference, co-sponsored by a contractor and a university, that
would not focus on a particular company's own products and
services but rather on IT security threats generally.  The latter
example also included speakers from academia, industry and
government.  Note, however, that if an employee has official
duties related to a particular contractor, there must be a
written determination that the agency's interest in the
employee's attendance will outweigh any concern that the employee
may be improperly influenced.

7.  Board Meetings

Agencies sometimes ask whether the WAG exception applies to free
attendance at the meeting of a board of directors of a for-profit
or nonprofit corporation.  Some corporate boards are relatively
large and their members often come from different walks of life.
Nevertheless, OGE does not view corporate board meetings as being
sufficiently diverse, within the meaning of the WAG rule.  The
focus of a corporate board meeting is on the business of the
corporation, and all board members are attending in their
capacity as fiduciaries of the same organization.  Although OGE
does not doubt that agencies occasionally may have an interest in
their employees attending a particular board meeting, the WAG
exception is simply not appropriate for such events.

This does not necessarily mean that attendance at such meetings
is precluded.  In some cases, attendance at a board meeting will
not involve a "gift" at all, for example, if no entertainment or
food is provided, other than modest refreshments.  See 5 C.F.R. &#167;
2635.203(b)(1); OGE Informal Advisory Letter 98 x 15.  In other
cases, the employee may be attending in an official capacity to
present the views of the agency, which may be permissible under
section 2635.204(g)(1); note that the latter provision is not by
its own terms limited to "widely attended" events.[10]  Moreover,
various gift exceptions, such as the de minimis exception, 5
C.F.R. &#167; 2635.204(a), or the exception for meals and other
benefits resulting from an employee's outside business
activities, 5 C.F.R. &#167; 2635.204(e)(2), could be applicable in
other circumstances.

OGE also would distinguish board meetings from the kinds of
periodic conventions that are held by many associations for their
members.  Although these conventions may have some activities
related to the internal business of the organization as such,
often there are many other activities focused on issues of
broader concern to an entire industry or profession.  Indeed,
these events can become the very occasion for bringing together
"members from throughout the interested industry or profession"
envisioned by the WAG rule.  5 C.F.R. &#167; 2635.204(g)(2).

8.  University Events

Symposia and similar proceedings sponsored by universities often
are attended by members of the public or the larger academic
world, and one generally would expect such events to qualify as
WAGs.  Occasionally, however, employees may be invited to attend
narrower events that are limited almost exclusively to the
internal university community, i.e., administrators, faculty and
students.  For example, if a senior official at the Department of
Education were invited by a university to attend a reception
where attendance is otherwise limited to the internal university
community, the event would not constitute a WAG because the
interests or points of view represented are more or less
associated with the university itself.

9.  Events Focused on Federal Officials

A difficult set of issues is posed by events that are limited or
primarily directed to an audience of Federal employees.  In such
cases, one reasonably might question whether the gathering is
sufficiently diverse, because most of the attendees are employed
by the same Government and there is little opportunity to
exchange ideas with outside parties.

Certainly, an event that is largely devoted to promoting the
sponsor's products to a Federal audience is not a WAG (see
discussion of "Contractor-Sponsored Seminars and Similar Events"
above).  Moreover, events limited mainly to attendees from one
agency, or a small number of agencies involved in related
operations, would be very difficult to characterize as a WAG.

Other events, however, may come closer to the kind of diversity
required by the rule.  For example, OGE is aware that think tanks
and other organizations occasionally conduct events to sensitize
Federal officials to certain issues or to bring together
representatives from various agencies to share their experiences
and views on matters of common concern.  Sometimes, this type of
event can be characterized as a WAG, particularly if the
attendees represent a significant range of agencies with
different perspectives on the subject and the sponsoring
organization brings in at least a few scholars or experts who are
neither Federal employees nor officers or staff of the sponsor.

Another example involves organizations comprised mostly of
Federal employees, such as associations of Federal attorneys or
physicians, which may sponsor educational and other events.  Federal
policy generally recognizes that such organizations can benefit an
agency's programs.  See 5 C.F.R. &#167; 251.202 (agency support to
organizations in which employees participate); cf. 18 U.S.C. &#167; 205(d)
((1)(B)(representation of organizations comprised of Federal
employees).  Particularly where the event is likely to attract
professionals from across the Government, agencies may authorize
employees to accept offers of free attendance under the WAG rule.  Of
course, employees who are actually members of the particular
organization sometimes may accept certain benefits, including free
attendance at certain events, pursuant to other gift provisions.  See,
e.g., 5 C.F.R. &#167; 2635.204(c)(discounts and similar benefits).[11]

D.  Financial Disclosure

A final word is in order concerning the disclosure of gifts of
free attendance on public and confidential financial disclosure
statements.  With certain limitations, filers of annual and
termination reports generally are required to disclose all gifts
from any one source with an aggregate value in excess of $305 for
the reporting period.  See 5 C.F.R. &#167;&#167; 2634.304; 2634.907(g).[12]
Gifts of free attendance accepted under the WAG exception are
subject to this reporting requirement because these gifts are
accepted by an employee in a personal capacity.  They are not
gifts accepted by the employee's agency.

OGE's experience suggests that some may have misunderstood this
disclosure requirement in the past, perhaps on the assumption
that such items need not be reported as personal gifts because an
agency designee already has made a determination that attendance
is in the agency's interest.  Nevertheless, nothing in section
2635.204(g)(2) or in the Standards of Conduct generally excuses
filers from disclosing otherwise reportable gifts.  Moreover,
this conclusion serves the policies underlying financial
disclosure: the transparency afforded by public reporting, in
particular, serves as an additional disincentive to accepting
gifts of free attendance under questionable circumstances.  See
S. Rep. 170, 95th Cong., 1st Sess. 21-22 (1977)(public disclosure
will deter conflicts and enable public to evaluate officials'
performance in light of outside interests).  In the future,
therefore, agency ethics officials should be mindful of the
financial disclosure obligations of employees who are authorized
to accept free attendance at events under the WAG rule.

Of course, many gifts of free attendance may not meet the dollar
threshold for financial disclosure.  Moreover, employees who are
granted free attendance at an event for the purpose of giving an
official speech or otherwise conveying information on behalf of
their agency have not received a gift at all.  See 5 C.F.R. &#167;
2635.204(g)(1)("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.").

Conclusion

As should be apparent from the discussion above, the application
of the WAG exception requires good judgment on the part of ethics
officials and agency designees.  This is true not only in
determining whether the event is widely attended but also in
determining that a particular employee's attendance is in the
interest of the agency.  No doubt, some events will pose close
questions.  Officials should take care, therefore, to evaluate
all the relevant circumstances of any proposed WAG before an
employee is authorized to accept free attendance.

----------------------------------------------------------------------

[1]OGE periodically revises this rule to increase the dollar amount,
consistent with comparable adjustments to other regulations.  See 70
Federal Register 12111 (March 11, 2005).

[2]Section 2635.202(c)(5) provides one further limitation: employees
may not accept "vendor promotional training," as defined in section
2635.203(g), in violation of any applicable procurement regulations,
policies or guidance.  OGE added this limitation to ensure that any
gift would be consistent with the guidelines on vendor promotional
training in the Federal Information Resources Management Regulation,
which was issued by the General Services Administration (GSA).  57
Federal Register 35006, 35012-13 (August 7, 1992).  However, the GSA
regulation was rescinded in 1996, and OGE is aware of no Government-
wide regulation, policy or guidance that has taken its place.  To the
extent that any agency has its own procurement regulations, policies
or guidance regarding vendor promotional training, employees may not
rely on the OGE gift exceptions to accept a gift that would be
inconsistent with such guidelines.  See also the discussion of
"Contractor-Sponsored Seminars and Similar Events" below.

[3]Before OGE promulgated the final Standards of Conduct in 1992, each
agency had its own standards of conduct regulations, including gift
exceptions, subject to approval by OGE (originally the Civil Service
Commission).  The OGE WAG exception in 5 C.F.R. &#167; 2635.204(g)(2) was
modeled on similar WAG exceptions that were already found in some of
these agency standards of conduct regulations.

[4]The version first promulgated in 1992 did not explicitly require
that the event be attended by a "large" and "diverse" group, but OGE
amended the rule in 1996 to make this intention plain.  As explained
in the preamble to the proposed amendment, OGE always had viewed "the
normal meaning of the phrase 'widely attended' as encompassing those
attended by many," but some interpreters had incorrectly applied
section 2635.204(g)(2) to relatively small gatherings.  60 Federal
Register 31415, 31417 (June 15, 1995).  OGE also sought to clarify its
intention that the size of the group is only one part of the test, and
that a second requirement, diversity of viewpoints or interests
represented, must be satisfied as well.  See 61 Federal Register
42965, 42966 (August 20, 1996).

[5]As OGE stated in connection with the 1996 amendments: "While a
specific minimum number or a range of numbers might, in some ways,
facilitate agency administration of the rule and even possibly reduce
employee inquiries, OGE believes that setting such numbers for sponsor
gifts would unduly limit the flexibility that agencies require to
administer this rule effectively."  61 Federal Register at 42966.
Note, however, that the rule does specify a minimum number of
attendees (more than 100) where the gift of free attendance is from
someone other than the sponsor of the event.  5 C.F.R. &#167; 2635.204(g)
(2).

[6] Although OGE raised certain concerns about attendance of employees
at fundraisers in an opinion issued prior to the Standards of Conduct,
see OGE Informal Advisory Letter 89 x 2, OGE later concluded that
fundraisers could be covered by the WAG exception in appropriate
cases.  OGE 99 x 2.

[7] Note that if an employee is not merely an attendee, but a
participant in the conduct of a fundraising event, other limitations
pertaining to employee fundraising activities will apply.  See 5
C.F.R. &#167; 2635.808.  In such cases, however, the waiver of any fee for
attendance at the fundraiser by a participant in the conduct of the
event does not constitute a gift, under the OGE gift rules.  5 C.F.R.
&#167; 2635.808(a)(2).

[8]Arguably, some of these receptions may be large and diverse enough
to be characterized as WAGs in their own right, apart from the
sporting event.  However, this would not permit free entry to the
actual sporting event on the theory that it is somehow "integral" to
the reception.  For one thing, this would open the door to gifts of
lavish entertainment that do not particularly further the regulatory
purpose of promoting the "exchange of views."  Moreover, if one
chooses to view the reception as a discrete WAG in the first place,
OGE does not think it makes much sense to say that the sporting event
is "integral" to the reception in the sense of being "essential or
necessary for completeness."  The American Heritage Dictionary of the
English Language (2006).  Basically, the WAG rule may not be
manipulated to cover a reception or other function that serves mainly
as an excuse for employees to accept free admission to a sporting
event.

[9] Apart from the WAG rule, OGE understands that agencies sometimes
may assign employees to attend such events on official duty in order
to learn more about the products and services the contractor can offer
the agency.  In some cases, agencies may pay any attendance fees, or
accept a waiver of fees if permitted under an applicable agency gift
acceptance statute.  Where no attendance fees are charged and the only
personal items given to employees are refreshments or meals, employees
may be able to rely on provisions in the OGE gift rules other than the
WAG exception.  See 5 C.F.R. &#167;&#167; 2635.204(a)($20 de minimis exception);
2635.203(b)(1)(exclusion for modest refreshments).

[10]See 57 Federal Register at 35020 ("an employee serving as an
agency liaison to a particular organization is authorized to perform
those liaison duties on official time and could accept waiver of an
attendance fee under &#167; 2635.204(g)(1) if his or her participation in
the particular meeting involves presentation of information on behalf
of the agency").

[11]An employee whose membership fee payment automatically entitles
him or her to attendance at certain meetings has already paid market
value, and the attendance would not even constitute a gift.  See 5
C.F.R. &#167; 2635.203(b)(9).

[12]Periodic adjustments are made to the dollar thresholds for gift
reporting.  See 5 U.S.C. app. &#167; 102(a)(2)(A).