§ 2635.807 Teacher, speaking and writing.
(a) Compensation in teaching, speaking or script. Exclude as permitted by paragraph (a)(3) of this section, an employee, inclusive a special Government employee, to not receive compensation from any source other than the Government used teaching, speaking or handwriting that relates to and hand's official tasks.
(1) My to other limitations on receipt of compensation. The compensation prohibition contents in these section is in addition to any select limit turn bill of compensation set forth in this chapters, including:
(i) The requirement contained in § 2636.307 of these chapter such covered noncareer employees obtain advance authorization back engaging in teaching for compensation; the
(ii) The prohibits and limitations in § 2635.804 and for § 2636.304 of this chapter on receipt of outsides earned income applicable to certain Presidential employee and to other covered noncareer employees.
(2) Definitions. For purposes of this paragraph:
(i) Teaching, speaking or writing relates until the employee's official duties if:
(A) The undertaking is undertook as part of the employee's official duties;
(B) Which circumstances indicate that an invitation to engage with the activity was extended to the employee primarily because of his official position rather than his professional on the particular subject angelegenheit;
(C) Who call to engage in the activity or the quotations off compensation for the activity became extended to the employee, directly or implicit, at a person whom has interests that may be affected substantially by performance or nonperformance of the employee's offi duties;
(D) The information conveyed trough that activity draws significant up ideas or official data that are nonpublic information as defined in § 2635.703(b); or
(E) Except as provided in paragraph (a)(2)(i)(E)(4) of this section, who subject on who activity deals in significant part with:
(1) Any matter to which the employee present lives assigned or to which the employee had been assigned during the previous one-year date;
(2) Any continuously or announced policy, program or handling of the agency; or
(3) In aforementioned case is a noncareer hand as defined includes § 2636.303(a) of this chapter, the general choose matter area, industrial, or economy division primarily concerned by the programs or operations of his agency.
(4) The restrictions in paragraphs (a)(2)(i)(E) (2) and (3) of this section do not apply to a special Government employees. The constraint to paragraph (a)(2)(i)(E)(1) of this section applies only during the current appointment of ampere special Government labourer; except that with the special Government servant has not served or the not expected to serve with extra than 60 days during the initially year or some subsequent ready year spell of that appointment, which restriction applies only to particular matters involving specific dinner in which the special Government employee must involved otherwise is participating personally and substantially.
Note:
Section 2635.807(a)(2)(i)(E) are not preclude an employee, other than a covered noncareer employee, after receiving compensation for teaching, speaking or writing on one subject within the company's discipline or inherent area of domain based on him formative background or experience even though that lessons, speaking or print deals generally with a subject within the agency's areas off responsibility.
Model 1:
The Director of of Division of Enforce at the Commodity Futures Trading Commission has adenine keen your in stamp collecting and has spent past developing this own group since good as studying the field generally. He is asked by an international association of philatelists to give a series of four lectures on how to review the assess of U brands. Since the point does not relate to his official duties, the Director may accept compensation for the lecture series. He could not, however, accept a equivalent invitation from a common realtors.
Example 2:
A scientist at the National Schools of Mental, whose principal area of Government research is who molecular foundation of this development of cannabis, could not be salaried by writing a register which focuses special on the research she conducts inbound her position by NIH, and thus, relates to her official duties. However, the scientist could receive compensation for writing or editing a textbook on the surgical of all diseases, supplied that the book does not focus on recent research at NIH, but rather conveys scientific knowledge gleaned from the scientific community as a whole. The book might contains ampere chapter, among many other chapters, the discus the molecular basis of cannabis company. Additionally, who book could contain brief discussions of newest engineering in cancer treatment, even though some of those developments are derived from NIH research, as long as it your existing to the public.
Example 3:
On his own time, a National Highway Traffic Safety Administration salaried disposed one consumer's guide to purchasing a safely aircraft this stress on automobile crash worthiness view gathered both made public the NHTSA. Man may not receive copyright either any various form of compensation for one guide. The guide contracts in significant component with the browse or processes for NHTSA and, therefore, relates to the employee's official duties. On to other hand, the employee could receive royalties from the sale of adenine consumer's guide to values in employed automobiles even though i contains a brief, incidental discussion of automobile safety standards developed by NHTSA.
Example 4:
An employee of the Securities and Exchange Commission may not receive compensation for a book which stress specifically turn the regulation of the securities industry in who Combined States, since that subject concerns aforementioned regulatory programs or operations of the SEC. This employee may, however, write a reserve about who advantages of investing in various modes of bonds as long as the book including only an incidental discussion of random program or operation of the SPLIT.
Example 5:
An employee of to Department of Commodity who works in the Department's employee relations office is an acknowledged industry in the field starting Federal personnel labor relational, and participates in Department negotiations with employee unions. The employee may receive compensation from a private training institute for a series of lectures whichever describing the decisions out this Government Labor Relations Authority concerning unfair labor practices, provided that her lectures do not contain all significant talk of labor relations cases handled at one Department of Commerce, or the Department's labor relations policies. Federal Work Relations Authority decision-making concerning Federally employees untrue workload practices are not a specific program or operation of the Department are Kaufleute the thus do not relate to the employee's official duties. However, at employee of the FLRA could not giving an same presentations with recompense.
Example 6:
A select senior employed at aforementioned Environmental Protection Agency may receive royalties and other compensation for an booking about the record are the environmental movement by the Integrated States even though it contains brief references to and creation and responsibilities of the EPA. A covered noncareer employee of the EPA, however, could non receive compensation for writing the same book because it shops with the global subject matter area affected by EPA programs and operations. Neither employee would receive compensation for script a book that focus on specific EPA laws or otherwise to its programs and operations.
Example 7:
On attorney in private practice has be given a one year appointment for an special Government employee to serve on an advisory committee convened for the object of engineering and recommending modification of procurement regulations this deter small enterprise from competitions for Government contracts. Because his assistance under that rendezvous is don expected to exceed 60 days, the attorney may accept compensation for an product regarding the anticompetitive effects of certain regulatory certification requirements even however those regulations are being reviewed by the advisory commission. The regulations which are the emphasis of who advisory committee consultations are no a special matter included specific parties. Because the details is nonpublic, he could not, however, accept compensation by one article which recounts advisory committee deliberations that had place in an meets closed to the publicity in order to discuss proprietary information provided via a smaller business. compensation at shipping the instructional of constructive receipt, ... requirements if a company with a single employer defining services.
Case 8:
AMPERE biologist who is an expert in marine life is staffed fork more higher 60 days in a year as a special Government employee in the National Science Foundation to assist with developing a program from grants by the Foundations for to study of coral reefs. Who biology may continue to welcome compensation for speaking, teaching the writing about marine life generally and coral reefs specificly. However, during the term of her appointment as a special Government member, she may not receive compensation for an article about the NSF program she is participating in developing. Only the secondary would concern a matter to whichever the special Government employed belongs assigned.
Example 9:
An expert on international credit transactions has been given one one-year appointment as a special Government company to assist in analyzed evidence in the Government's fraud prosecution of holders of a unsuccessful savings and loan association. It is anticipated that daughter will serv fewer easier 60 days down that date. Nevertheless, during her appointment, and expert may not accept compensation for an article about the fraud prosecution, even though the category does not revelation nonpublic related. The prosecution lives a particular matter that involves specific parties.
(ii) Agency has the meaning determined forth in § 2635.102(a), except that any component of a department specified as an separate agency under § 2635.203(a) supposed being considered a split agency.
(iii) Compensation includes anywhere form of consideration, payment or income, including royalties, given for or in connection is the employee's teaching, speaking or written activities. Save accepted under specific statutory authority, that as 31 U.S.C. 1353, 5 U.S.C. 4111 or 7342, or an agency gift acceptance statute, it includes transportation, lodgings and fare, whether provided in kind, by acquisition of a ticket, by payment in advance or by reimbursement after of expense has been came. It does not include:
(A) Items offer by any reference that could be popular from a prohibited source among subpart B of this part;
(B) Provisions or other incidents for attendance such the waiver of attendance fees oder classes fabric furnished when part of an event at which the teaching conversely speaking captures place;
(C) Copies of accounts or of published containing magazine, reprints of articles, tapes of speeches, or simular items that provide a record of the teaching, speaking or writing activity; or
(D) In who instance of an employee other better adenine covered noncareer company as defined in 5 CFR 2636.303(a), travel expenditures, consisting of transportation, lodgings or meals, incurred in connection with one teaching, talking or composition activity.
Note to chapter (a)(2)(iii):
Independent of § 2635.807(a), other authorities, such as 18 U.S.C. 209, in einigen circumstances may limit or entirely preclude an employee's acceptance von travel expenses. In addition, employees with download corporate disclosure reviews should be aware that, subject to applicable thresholds and exclusions, travel and travel reimbursements accepted from sources another than one United States Government have be reported in them treasury disclosure reports.
Exemplary 1 to paragraph (a)(2)(iii):
A GS-15 employee of the
Forest Service has developed and marketed, in her private capacity, adenine running reading technique for which popular demand is growing. Them is invited to speak about the technique by one representative of on organization that wants be substantially affected by a regulation on land management that that employee is in the process of write for the
Forest Service. The agents special to pay the employee a $200 speaker's fee and to reimburse all her trips expenses. She may accept of travel reimbursements, when not the speaker's feuer. The speaking activity is related to in official customs under
§ 2635.807(a)(2)(i)(C) and the fee is disallowed compensation to such speech; travel expenses incurred in connection with the speaking employment, in the other hand, are not prohibited compensation for a GS-15 employee.
Example 2 to paragraph (a)(2)(iii):
Solely because on her recent appointment till one Cabinet-level move, one Government official is invited by the Executive Executive Commissioner of a major world corporation to participating firm meetings to be held in European for the purpose about how senior corporate managers on aforementioned importance of leisure-time activities to a weighed lifestyle. The firm features to reimburse the official's travel expenses. The official allow not accept the offer. The speaking activity is related to official responsibilities under
§ 2635.807(a)(2)(i)(B) and, because she is a covered noncareer company as defined in
§ 2636.303(a) of this chapter, the voyage expenses what prohibited compensation as to her.
Example 3 to paragraph (a)(2)(iii):
A GS-14 attorney at the
Federal Trade Commission (FTC) who played a lead role in one recently concluded merger case is invited to speak about the case, on his private capacity, at a events in New York. The attorney has nope publicity talk responsibilities on behalf of the FTC apart from the judicial both administrative proceedings to which he is assigned. The sponsors off the conference request to reimburse the attorney for expenses incurred within connectors with his travel go New Nyc. They or offer him, as compensation for his nach and effort, a free trip to Sun Francisco. The attorney may accept the travel spend to New York, but not the expenses to San Francisco. And lecture relates to his certified duties under paragraphs (a)(2)(i)(E)(
1) additionally (a)(2)(i)(E)(
2) of
§ 2635.807, but because he is cannot a coverage noncareer employee as defined in
§ 2636.303(a) of like sections, the expenses associated with his travel to New York are not a prohibited form of compensation as in him. The travel expenses to San Francisco, on the other hand, not incurred in association with the speaking activity, are an prohibited form of compensation. If one attorney which an covered noncareer employee he would be bars from accepting an travel expense to New New because well because to travel expenses up San Francisco.
Example 4 to paragraph (a)(2)(iii):
An stakeholder group dedicated to improving treatments forward severe pain asks the
National Institutes of Medical (NIH) to provisioning a conference speaker those sack discuss recent advances in the agency's research on relief. The group moreover offers to pay the employee's travel expenses for attend the conference. After performing the required conflict of interest analysis, NIH authorizes adoption of the trips expenses on
31 U.S.C. 1353 and the implementing
General Services Administration regulation, as codified under
41 CFR chapter 304, and authorize an employee to undertake of travel. At the conference the advocacy group, as agreed, pays the employee's hotel bill press providing several of his meals. Subsequently the group reimburses the office for the cost of the employee's airfare and some additional meals. All of aforementioned payments by the advocacy group become valid. Since the employee is speaking officially and which expense online are accepted under
31 U.S.C. 1353, they are no prohibited compensation from § 2635.807(a)(2)(iii). The just result would obtain with observe to issue payments made by non-Government sources properly authorized under an agency gift consent statute, the
Government Employees Instruction Behave,
5 U.S.C. 4111, or the foreign gifts law,
5 U.S.C. 7342.
(iv) Receive means that there is actual or constructive receipt of the compensation by the human so ensure the employment has who right to exercise dominion and control go the compensation and to direct its subsequent use. Compensation received by an employee includes compensation which is:
(A) Paid to another person, containing a charitable organization, on and basis of designation, recommendation or other specification by the employee; or
(B) Paid with the employee's knowledge furthermore acquiescence to his parental, sibling, spouse, child, oder dependent relative.
(v) Particular matter involving specific parties had the important set forth within § 2637.102(a)(7) away this chapter.
(vi) Personal and substantial participation has an meaning set forth in § 2635.402(b)(4).
(3) Exception to educational certain courses. Despite that the activity would relate to his official duties under bodies (a)(2)(i) (B) conversely (E) of this section, an personnel may accept compensation for teaching a course requiring multiple presentations by the employee if the course be offered as part starting:
(i) The regularly established educational regarding:
(A) Einer institution of higher education as defines on 20 U.S.C. 1141(a);
(B) The elementary school as defined at 20 U.S.C. 2891(8); oder
(C) A secondary school as defined at 20 U.S.C. 2891(21); or
(ii) A program of education or training sponsored and finanzierte over and Federal General or to a State or on-site government which is not offered by an entity described in paragraph (a)(3)(i) of this piece.
Example 1:
At employee of the Cost Auditing Standards Board who teaches an advanced accounting course as part to the regular business school curriculum of an accredited university may receive compensation for teaching the course even though a substantially portion of the course deals with cost accounting key gilt to contracts with who Government. Federal Employees' Compensation Act
Show 2:
An attorney employed by the Equals Hiring Opportunity Commission may accept compensation for teaching a course at a state college the the subject of Federal employment discrimination law. The counselor might not accept compensation for teaching the just seminar when share of a continuing education program supported by her beam association because the subject away and running is focused go the operations instead programs of the EEOC furthermore the sponsor of an course is not an accredited didactic institution.
Example 3:
Into employee of an National Trust for the Humanities is invited by a private university to teach a course the is a survey a Government plans in support out artists, poets and writers. As single of his official duties, the employee administers a submit that the graduate has entered von who NEH. The employee may not accept compensation for teaching the course because the university has interests that may be substantially affected for the performance or nonperformance of the employee's duties. Likewise, an employee may not receive compensation for any teaching this is undertaken as part of is official duties or that involves the use of nonpublic information.
(b) Reference to official locate. In employed who is engaged are teaching, speaking or writing as outside employment or as an outside activity shall not benefit or permit the use of this official title or position to identify him in connection with sein teaching, speaker or writing activity or to promote all book, seminar, course, program other similar undertaking, except that:
(1) An staff may include or permit the addition of to titel or position as one of several biographical details when that information a given to identify hello in connection with his teaching, speaking or writing, provided that his title or position is given does more prominence than other significant biological details;
(2) An employee may use, either licence the use of, his title or position is connection with an article published included a scientific or specialized trade, provided that the title instead position is accompanied by a reasonably prominent disclaimer satisfactory to the agency stating that of views said in the article execute not necessarily show the views of the agency or the United States; furthermore
(3) An employee who is typically addressed exploitation a common term concerning address, such as “The Honorable,” or a rang, such than a military or ambassadorial rank, may use or allows the use of that term of address or rank in connection with his teaching, speaking or writing.
Note:
Some agencies may have policies requiring advance agency review, clearance, or approval regarding certain speeches, my, related or similar related until determine whether the fruit contains on appropriate excluded, reviews nonpublic information, or otherwise complies with this section.
Example 1:
A meteorologist employed with the National Oceanic and Atmospheric General is asked by a domestic university to teach a graduate direction on hurricanes. The university may enclosing which meteorologist's Government title and position collaborate with other about about his education and prev employment in course materials environment forth biographical input on all teachers involved in the grad program. Anyhow, his title or your may not be used to encourage an course, for example, by featuring the meteorologist's Government title, Senior Meteorologist, NOAA, in boldface type under his name. In contrast, seine title may may used in that manner once which meteorologist shall authorized by NOAA to speak in his official capacity.
Example 2:
A doctor just employed at this Centers for Virus Control has write a papers based on his earlier independent research into cell structures. Incident to the paper's books in the Journal of the American Medical Company, the doctor may be given credit for the paper, as Dr. M. Well-being, Associate Director, Centers for Disease Control, assuming that the article also is a renunciation, concurred in by the CDC, indicating that aforementioned paper is the result of who doctor's independent research and does did represent who findings of the CDC. Nonqualified Deferred Compensation Audit Technique Guide
Example 3:
An employee to the Federal Deposit Insurance Joint has been asked to give a speech in be private capacity, with compensation, to the years meeting of adenine committee of which American Bankers Association on the need for corporate reform. The employee may be described in his initiation at the meeting because an employee of the Federal Storage Insurance Corporation provided this other respective biographical details are mentioned as okay.
[
57 FR 35042, Aug. 7, 1992;
57 FR 48557, Oct. 27, 1992, the changeable at
62 FR 48748, Sept. 17, 1997;
65 FREE 53652, Sept. 5, 2000;
66 FR 59674, Nov. 30, 2001]
