Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/fed/cfr2635g.asc

Text File | 1993-08-01 | 36KB | 762 lines

2635.807 Teaching, speaking and writing.

 (a) Compensation for teaching, speaking or writing. Except
as permitted by paragraph (a)(3) of this section, an employee,
including a special Government employee, shall not receive
compensation from any source other than the Government for
teaching, speaking or writing that relates to the employee's
official duties.

 (1) Relationship to other limitations on receipt of
compensation.  The compensation prohibition contained in this
section is in addition to any other limitation on receipt of
compensation set forth in this chapter, including:

 (i) The honorarium prohibition on receipt of compensation
for an appearance, speech or article, which is implemented in
2636.201 through 2636.205 of this chapter;

 (ii) The requirement contained in 2636.307 of this
chapter that covered noncareer employees obtain advance
authorization before engaging in teaching for compensation; and

 (iii) The prohibitions and limitations in 2635.804 and in
2636.304 of this chapter on receipt of outside earned income
applicable to certain Presidential appointees and to other
covered noncareer employees.


 Example 1. A personnel specialist employed by the
Department of Labor has been asked by the publisher of a magazine
to write an article on his hobby of collecting arrowheads. Even
though the subject matter is unrelated to his official duties, he
may not accept the publisher's offer of $200 for the article.
Because the compensation offered is for an article, its receipt
would violate the honorarium prohibition contained in 2636.201
through 2636.205 of this chapter.

 (2) Definitions. For purposes of this paragraph:

 (i) Teaching, speaking or writing relates to the
employee's official duties if:

 (A) The activity is undertaken as part of the employee's
official duties;

 (B) The circumstances indicate that the invitation to
engage in the activity was extended to the employee primarily
because of his official position rather than his expertise on the
particular subject matter;

 (C) The invitation to engage in the activity or the offer
of compensation for the activity was extended to the employee,
directly or indirectly, by a person who has interests that may be
affected substantially by performance or nonperformance of the
employee's official duties;

 (D) The information conveyed through the activity draws
substantially on 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, the subject of the activity deals in significant
part with:

 (1) Any matter to which the employee presently is assigned
or to which the employee had been assigned during the previous
one-year period;

 (2) Any ongoing or announced policy, program or operation
of the agency; or

 (3) In the case of a noncareer employee as defined in
2636.303(a) of this chapter, the general subject matter area,
industry, or economic sector primarily affected by the programs
and 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
employee. The restriction in paragraph (a)(2)(i)(E)(1) of this
section applies only during the current appointment of a special
Government employee; except that if the special Government
employee has not served or is not expected to serve for more than
60 days during the first year or any subsequent one year period
of that appointment, the restriction applies only to particular
matters involving specific parties in which the special
Government employee has participated or is participating
personally and substantially.

 Note: Section 2635.807(a)(2)(i)(E) does not preclude an
employee, other than a covered noncareer employee, from receiving
compensation for teaching, speaking or writing on a subject
within the employee's discipline or inherent area of expertise
based on his educational background or experience even though the
teaching, speaking or writing deals generally with a subject
within the agency's areas of responsibility.

 Example 1: The Director of the Division of Enforcement at
the Commodity Futures Trading Commission has a keen interest in
stamp collecting and has spent years developing his own
collection as well as studying the field generally. He is asked
by an international society of philatelists to give a series of
four lectures on how to assess the value of American stamps.
Because the subject does not relate to his official duties, the
Director may accept compensation for the lecture series. He could
not, however, accept a similar invitation from a commodities
broker.

 Example 2: A scientist at the National Institutes of
Health, whose principal area of Government research is the
molecular basis of the development of cancer, could not be
compensated for writing a book which focuses specifically on the
research she conducts in her position at NIH, and thus, relates
to her official duties. However, the scientist could receive
compensation for writing or editing a textbook on the treatment
of all cancers, provided 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 include
a chapter, among many other chapters, which discusses the
molecular basis of cancer development. Additionally, the book
could contain brief discussions of recent developments in cancer
treatment, even though some of those developments are derived
from NIH research, as long as it is available to the public.

 Example 3: On his own time, a National Highway Traffic
Safety Administration employee prepared a consumer's guide to
purchasing a safe automobile that focuses on automobile crash
worthiness statistics gathered and made public by NHTSA. He may
not receive royalties or any other form of compensation for the
guide. The guide deals in significant part with the programs or
operations of NHTSA and, therefore, relates to the employee's
official duties. On the other hand, the employee could receive
royalties from the sale of a consumer's guide to values in used
automobiles even though it 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 focuses
specifically on the regulation of the securities industry in the
United States, since that subject concerns the regulatory
programs or operations of the SEC. The employee may, however,
write a book about the advantages of investing in various types
of securities as long as the book contains only an incidental
discussion of any program or operation of the SEC.

 Example 5: An employee of the Department of Commerce who
works in the Department's employee relations office is an
acknowledged expert in the field of Federal employee labor
relations, and participates in Department negotiations with
employee unions. The employee may receive compensation from a
private training institute for a series of lectures which
describe the decisions of the Federal Labor Relations Authority
concerning unfair labor practices, provided that her lectures do
not contain any significant discussion of labor relations cases
handled at the Department of Commerce, or the Department's labor
relations policies. Federal Labor Relations Authority decisions
concerning Federal employee unfair labor practices are not a
specific program or operation of the Department of Commerce and
thus do not relate to the employee's official duties. However, an
employee of the FLRA could not give the same presentations for
compensation.

 Example 6: A program analyst employed at the
Environmental Protection Agency may receive royalties and other
compensation for a book about the history of the environmental
movement in the Un