September 7, 2000
                                                            DO-00-031


MEMORANDUM

TO:          Designated Agency Ethics Officials

FROM:        F. Gary Davis
             Acting Director

SUBJECT:     Publication of Interim Rule Amending 5 C.F.R.
             § 2635.807(a), the Prohibition on Employee Receipt of
            Compensation for Outside Teaching, Speaking, and Writing


     The Office of Government Ethics (OGE) has published an interim
rule amending 5 C.F.R. § 2635.807(a), the prohibition on employee
receipt of compensation for outside teaching, speaking, or writing
that relates to official duties.  See 65 Fed. Reg. 53650
(September 5, 2000).  The amendment responds to the May 30, 1995 en
banc decision by the United States Court of Appeals for the
District of Columbia Circuit in Sanjour v. Environmental Protection
Agency, 56 F.3d 85, as clarified in the April 14, 1998 decision on
remand by the United States District Court for the District of
Columbia, 7 F. Supp.2d 14.

     Under section 2635.807(a), as amended, employees who are not
"covered noncareer employees" as defined in 5 C.F.R. § 2636.303(a)
will be able to accept travel expenses incurred in connection with
teaching, speaking, or writing activities that are related to their 
official duties.  "Covered noncareer employees," on the other hand,
will remain subject to the travel expenses ban.  The amendment,
which does not affect forms of compensation other than travel
expenses, codifies OGE's previously announced enforcement policy in
response to the Sanjour litigation.  See DAEOgram 98-034 (Nov. 25,
1998).

     The rule was mistakenly published in the "Proposed Rules"
section of the Federal Register.  It is, however, an interim
regulation, effective immediately.  The 60-day period for
submission of comments will end on November 6, 2000.

     Please see the regulation (attached) for additional
information.


Attachment