Outside Activities
Executive branch employees may be subject to some limitations on the outside activities in which they may be involved. An employee may not have outside employment or be involved in an outside activity that conflicts with the official duties of the employee's position. An activity conflicts with official duties --
- if it is prohibited by statute or by the regulations of the employee's agency, or
- if the activity would require the employee to be disqualified from matters so central to the performance of the employee's official duties as to materially impair the employee's ability to carry out those duties.
Employees of some agencies may be required by their agency's own supplemental conduct regulations to obtain prior approval before engaging in certain outside employment or activities.
The Supreme Court has held that prohibitions on the acceptance of honoraria contained in the Ethics Reform Act of 1989 violated the First Amendment. Thus, an employee generally may accept honoraria; but he may not be paid for outside teaching, speaking and writing if the activity relates to his official duties. However, an exception permits him to be paid for teaching a course at an accredited educational institution, even where the subject does relate to his official duties. Employees may not use their official title or position (except as part of a biography or for identification as the author of an article with an appropriate disclaimer) to promote a book, seminar, course, program or similar undertaking.
Presidential appointees to full-time, non-career positions generally are prohibited from receiving outside earned income. Also, certain other non-career employees are subject to monetary limitations on the amount of outside income that the may earn.
Employees may engage in fundraising in a personal capacity subject to several restrictions. An employee cannot solicit funds from subordinates. And an employee cannot solicit funds from persons who have interests that may be affected by the employee's agency such as those who are regulated by, seeking official action from, or doing business with the agency. Also an employee cannot use or permit the use of the employee's official title, position or authority to promote the fundraising effort.
Reference: 5 C.F.R. §§ 2635.801-809; United States v. National Treasury Employees Union, 115 S. Ct. 1003 (1995); OGE DAEOgram DO-95-011 (March 3, 1995).