Justice
Management Division
Serving Justice - Securing Results
Generally, an employee may not be compensated for speaking or writing
that relates to his official duties. A subject matter relates to
an employee's official duties if it deals in significant part with
a matter to which the employee is presently assigned or has been
assigned in the last year; any ongoing or announced policy, program
or operation of the Department; or in the case of a non-career
employee, the general subject matter area primarily affected by
the programs and operations of the Department. 5
C.F.R. § 2635.807 (Subpart H - Outside Activities).
Under 5 C.F.R. § 3801.103 most components in the
Department are designated as separate. This means that an employee
would only be prohibited from accepting compensation for speaking
or writing on a subject matter related to the policies, programs
or operations of his component, not the entire Department.
There is an exception for teaching certain courses, even if the
course relates to an employee's official duties, provided the course
requires multiple presentations and: is offered as part of a regularly
established curriculum of an institution of higher education; an
elementary or secondary school; or a program sponsored and funded
by the Federal Government or by a state or local government which
is not offered by an entity described above. An employee may accept
compensation for teaching a course provided it meets these requirements.
An employee in a non-career position above GS-15 must have advance
authorization before engaging in teaching for compensation. 5
C.F.R. § 2636.307 (Subpart C - Outside Earned
Income Limitations).
When engaging in teaching, speaking or writing in a private capacity,
an employee may not use nonpublic information, nor should there
by any use of his official title except as part of other biographical
information or for an article in a scientific or professional journal
where there is a disclaimer. An employee may not use official time
or that of another employee to prepare materials. Some components
require advance review and clearance for certain written work and
speeches. |