[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2635.801]

[Page 582-584]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2635_STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE 
BRANCH--Table of Contents
 
                      Subpart H_Outside Activities
 
Sec. 2635.801  Overview.


    (a) This subpart contains provisions relating to outside employment, 
outside activities and personal financial obligations of employees that 
are in addition to the principles and standards set forth in other 
subparts of this part. Several of these provisions apply to 
uncompensated as well as to compensated outside activities.
    (b) An employee who wishes to engage in outside employment or other 
outside activities must comply with all relevant provisions of this 
subpart, including, when applicable:

[[Page 583]]

    (1) The prohibition on outside employment or any other outside 
activity that conflicts with the employee's official duties;
    (2) Any agency-specific requirement for prior approval of outside 
employment or activities;
    (3) The limitations on receipt of outside earned income by certain 
Presidential appointees and other noncareer employees;
    (4) The limitations on paid and unpaid service as an expert witness;
    (5) The limitations on participation in professional organizations;
    (6) The limitations on paid and unpaid teaching, speaking, and 
writing; and
    (7) The limitations on fundraising activities.
    (c) Outside employment and other outside activities of an employee 
must also comply with applicable provisions set forth in other subparts 
of this part and in supplemental agency regulations. These include the 
principle that an employee shall endeavor to avoid actions creating an 
appearance of violating any of the ethical standards in this part and 
the prohibition against use of official position for an employee's 
private gain or for the private gain of any person with whom he has 
employment or business relations or is otherwise affiliated in a 
nongovernmental capacity.
    (d) In addition to the provisions of this and other subparts of this 
part, an employee who wishes to engage in outside employment or other 
outside activities must comply with applicable statutes and regulations. 
Relevant provisions of law, many of which are listed in subpart I of 
this part, may include:
    (1) 18 U.S.C. 201(b), which prohibits a public official from 
seeking, accepting or agreeing to receive or accept anything of value in 
return for being influenced in the performance of an official act or for 
being induced to take or omit to take any action in violation of his 
official duty;
    (2) 18 U.S.C. 201(c), which prohibits a public official, otherwise 
than as provided by law for the proper discharge of official duty, from 
seeking, accepting, or agreeing to receive or accept anything of value 
for or because of any official act;
    (3) 18 U.S.C. 203(a), which prohibits an employee from seeking, 
accepting, or agreeing to receive or accept compensation for any 
representational services, rendered personally or by another, in 
relation to any particular matter in which the United States is a party 
or has a direct and substantial interest, before any department, agency, 
or other specified entity. This statute contains several exceptions, as 
well as standards for special Government employees that limit the scope 
of the restriction;
    (4) 18 U.S.C. 205, which prohibits an employee, whether or not for 
compensation, from acting as agent or attorney for anyone in a claim 
against the United States or from acting as agent or attorney for 
anyone, before any department, agency, or other specified entity, in any 
particular matter in which the United States is a party or has a direct 
and substantial interest. It also prohibits receipt of any gratuity, or 
any share of or interest in a claim against the United States, in 
consideration for assisting in the prosecution of such claim. This 
statute contains several exceptions, as well as standards for special 
Government employees that limit the scope of the restrictions;
    (5) 18 U.S.C. 209, which prohibits an employee, other than a special 
Government employee, from receiving any salary or any contribution to or 
supplementation of salary from any source other than the United States 
as compensation for services as a Government employee. The statute 
contains several exceptions that limit its applicability;
    (6) The Emoluments Clause of the United States Constitution, article 
I, section 9, clause 8, which prohibits anyone holding an office of 
profit or trust under the United States from accepting any gift, office, 
title or emolument, including salary or compensation, from any foreign 
government except as authorized by Congress. In addition, 18 U.S.C. 219 
generally prohibits any public official from being or acting as an agent 
of a foreign principal, including a foreign government, corporation or 
person, if the employee would be required to register as a foreign agent 
under 22 U.S.C. 611 et seq.;

[[Page 584]]

    (7) The Hatch Act Reform Amendments, 5 U.S.C. 7321 through 7326, 
which govern the political activities of executive branch employees; and
    (8) The limitations on outside employment, 5 U.S.C. App. (Ethics in 
Government Act of 1978), which prohibit a covered noncareer employee's 
receipt of compensation for specified activities and provide that he 
shall not allow his name to be used by any firm or other entity which 
provides professional services involving a fiduciary relationship. 
Implementing regulations are contained in Sec. Sec. 2636.305 through 
2636.307 of this chapter.

[57 FR 35041, Aug. 7, 1992; 57 FR 48557, Oct. 27, 1992; 61 FR 50691, 
Sept. 27, 1996; 62 FR 48748, Sept. 17, 1997]