(a) An employee, other than a special Government employee, must obtain written approval prior to engaging—with or without compensation—in the following outside activities:
(1) Except as provided in paragraph (b)(1) of this section, providing services, other than clerical services or service as a fact witness, on behalf of any other person in connection with a particular matter:
(i) In which the United States is a party;
(ii) In which the United States has a direct and substantial interest; or
(iii) If the provision of services involves the preparation of materials for submission to, or representation before, a Federal court or executive branch agency.
(2) Except as provided in paragraph (b)(2) of this section:
(i) Serving as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, employee, advisory committee member, or active participant for a prohibited source; or
(ii) Engaging in teaching, speaking, consulting, or writing that relates to the employee's official duties.
(b) Unless the services are to be provided for compensation, including reimbursement for transportation, lodging and meals:
(1) Prior approval is not required by paragraph (a)(1) of this section to provide services as an agent or attorney for, or otherwise to represent, another Department of Education employee who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings; and
(2) Prior approval is not required by paragraph (a)(2) of this section:
(i) To participate in the activities of a:
(A) Social, fraternal, civic, or political entity;
(B) Religious entity that is not a prohibited source; or
(C) Parent-Teacher Association or similar parent organization at the employee's child's school or day care center, other than as a member of a board of directors or other governing body of the school or center, or the educational agency of which it is a part; or
(ii) To provide direct instructional, social, or medical services to students or other individuals.
(c) An employee who is required by paragraph (a) of this section to obtain prior written approval shall submit a written request for approval in accordance with Department procedures.
(d) The cognizant reviewing official shall grant approval unless he or she determines that the outside activity is expected to involve conduct prohibited by statute or Federal regulations, including 5 CFR part 2635.
(e) For the purposes of this section:
(1) “Active participant” has the meaning set forth in 5 CFR 2635.502(b)(1)(v).
(2) “Prohibited source” has the meaning set forth in 5 CFR 2635.203(d).
(3) “Relates to the employee's official duties” means that the activity meets one or more of the tests described in 5 CFR 2635.807(a)(2)(i) (B) through (E). It includes, in relevant part:
(i) Activities an employee has been invited to participate in because of his or her official position rather than his or her expertise in the subject matter;
(ii) A situation in which an employee has been asked to participate in an activity by a person or organization that has interests that may be substantially affected by the performance or nonperformance of the employee's official duties;
(iii) Activities that convey information derived from nonpublic information gained during the course of Government employment; and
(iv) Activities that deal in significant part with any matter to which the employee is or has been officially assigned in the last year, any ongoing or announced Department policy, program or operation, or—in the case of certain noncareer employees—any matter that is generally related to education or vocational rehabilitation.
