Outside Activities
Ethics Counselor's Deskbook
November 2013
6
9. Exceptions:
(a) The prohibition on accepting compensation does not apply to matters within
the employee’s discipline or expertise based on education or experience. 5 C.F.R. §
2635.807(a)(2)(i)(E) note. It applies differently to non-career employees and special government
employees than it does to other Executive Branch employees.
(b) As an exception, an employee may accept compensation for teaching a course
of the regularly established curriculum of an elementary school, high school, or institution of
higher education. 5 C.F.R § 2635.807(a)(3).
(c) Policy & Security Reviews. A lecture, speech, or writing that pertains to
military matters, national security issues, or subjects of significant DoD concern shall be
reviewed for clearance by appropriate security and public affairs offices. JER § 3-305; Secretary
of the Navy Instruction 5720.44B, Department of the Navy Public Affairs Policy and
Regulations, 1 Nov 05, Chapter 2; Air Force Instruction 35-101, Public Affairs Policies and
Procedures, 29 Nov 05, Chapter 15.
10. Disclaimers. DoD employees who permit the use of their military grade, title, or
position while teaching, speaking, or writing regarding DoD policies, programs, or operations
shall indicate that the views are those of the speaker and not DoD or its components. Where a
disclaimer is required for a writing, the disclaimer must be prominently printed in the
presentation. Where a disclaimer is required for a speech, the disclaimer may be given orally at
the beginning of the presentation. JER § 2-207.
B. Honoraria. An honorarium is payment to an individual in recognition of a special service
for which custom or propriety forbids any fixed price to be set. Honoraria services may include,
but are not limited to, speeches, panel participation, reviewing manuscripts, and leading group
discussions. The ban on accepting honoraria set out in 5 C.F.R. Part 2636, subpart B (now
deleted), was struck down by the Supreme Court in National Treasury Employees Union v.
United States, 115 S. Ct. 1003 (1995). The Office of Legal Counsel, Department of Justice,
issued an opinion on February 26, 1996, that the honoraria prohibition cannot be enforced
against any Government employee. Honoraria may only be accepted, however, if it is not for
speaking, teaching, or writing related to official duties.
(1) C. Military Band Members. 10 U.S.C. § 974 places restrictions on all
military bands and other musical units from performing in their official
capacity when the performance competes with employment of local
civilian musicians. However, it does allow military band members and
other musical units from performing in their personal capacity regardless