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Effective Date: 2/7/78

Series: Information

Part 478: Nonofficial Expression

Chapter 1: General Policy and Procedures

Originating Office: Office of Communications

478 DM 1

1.1 Definition. The term Anonofficial expression@ as used in this chapter means the preparation, composition and presentation, including travel to the place where such presentation is to be made, of: (a) books, articles, pamphlets and brochures; (b) speeches, lectures, illustrated talks; or (c) visual presentations or drawings; by an employee of the Department of the Interior in other than the performance of his/her official duties. Provisions of other existing instructions with respect to outside employment, other than nonofficial expression, are to be found in 43 CFR 20.735.

1.2 Policy.

A. It is the policy of the Department to encourage informed nonofficial expression by employees on matters within their competence, through published writings, lectures, graphic presentation and other means, although some of the subject matter may be related to the employee=s official duties. Such expression should achieve better public understanding of Interior=s programs and increase the spread of knowledge concerning the results of its scientific, technical and administrative activities. It is not the policy of the Department to restrict such expression nor to deprive its employees of proper recognition, including financial payments, for legitimate nonofficial expression.

B. If the subject material involves any contribution by the Government, either in the preparation or presentation, Department employees may not accept and retain remuneration from outside sources. This restriction is not intended to apply to nonofficial expression the preparation or presentation of which involves no use of government time, facilities, materials, travel or expense funds, or services of other government employees.

C. This policy is intended to assist serious, constructive effort, and neither suggests nor implies Department sanction of trivial or controversial expression by employees.

D. Regulations of the Department (43 CFR 20.735-33) provide that the Secretary, Under Secretary, Assistant Secretaries, heads of bureaus and other Department officers, and key fulltime officials who report directly to the Secretary as his/her principal assistants will not receive compensation or anything of monetary value for any consultation, lecture, discussion, writing, or appearance the subject matter of which is devoted substantially to the responsibilities, programs, or operations of this Department, or which draws substantially on official data or ideas which are not part of the body of public information.

1.3 Conditions. Any employee may engage in nonofficial expression on matters related to his/her official duties, or based primarily on knowledge acquired as a consequence thereof, provided that:

A. His/her work thereon in the preparation and the presentation is performed wholly outside duty hours.

B. The preparation or presentation thereof does not involve any contribution by the Government of time or services of other Government employees while in duty status, or of Government funds, facilities or materials.

C. The expression embraces only those ideas, concepts, data, statistics, intelligence, descriptions of scientific or technical processes or design, formulae, and similar information resulting from or in connection with those Departmental activities that are already published, or, if unpublished, are available to the public at the time of the employee=s disclosure.

D. He/she files in advance with the head of his/her bureau or office, with an information copy to the Director of Office of Public Affairs for clearance and consent in advance of publication or presentation, a notice of intention and certificate of compliance setting forth:

(1) an outline of the subject matter of the proposed expression;

(2) the medium of expression;

(3) the title under which the work is to be published or presented;

(4) his/her name and title to be used in the work, if such title is to appear;

(5) the name or title of the publisher, or of the sponsoring organization in the case of lectures, speeches, or visual presentations;

(6) a signed certification that the subject matter has been prepared or will be presented in full accord with the conditions set forth in all the foregoing segments of 478 DM 1.

1.4 Statutory Sanctions. Attention is called to 18 U.S.C. 209, which provides, in pertinent part, that: AWhoever receives any salary, or any contribution to or supplementation of salary, as compensation for his services as an officer or employee of the executive branch of the United States Government, .... from any source other that the Government of the United States, county, or municipality ..... shall be fined not more than $5,000 or imprisoned not more than one year, or both.@

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2/7/78 #3480

Replaces 2/7/78 #2064