Under section 209, therefore, an employee may not accept payment from a private organization for giving an official speech. In addition, the Standards of Conduct would permit the employee to receive a tape of the speech or a similar item that provides a record of the activity. The question of whether employees should be assigned to serve as speakers at conferences or similar events sponsored by nonGovernmental entities, especially where the organizers are charging a significant fee, goes beyond the issues of individual employee conduct addressed in the Standards of Conduct and conflict of interest statutes. In making this determination, we suggested that an agency might consider a number of factors, including the cost of attendance and the extent of Federal participation in the event. An employee engaged in any outside activity must comply with any prior approval requirement his agency may have in its regulations.
Many agencies have such a regulatory requirement.
Although the requirement varies from agency to agency, most of the agencies that require their employees to obtain prior approval include outside speaking among the activities for which prior approval must be obtained. At other agencies, an employee must obtain prior approval only if the outside speaking activity is to be done for an entity in a certain category and is to be for compensation. See, e. g., the Supplemental Standards of Ethical Conduct for Employees of the Nuclear Regulatory Commission, at 5 C. F. R. 5801.103. Moreover, some agencies may have policies requiring advance agency review, clearance, or approval of certain speeches to determine whether the speech contains an appropriate disclaimer and complies with the Standards of Conduct. Like an employee who speaks in his official capacity, an employee who engages in speaking as an outside activity must comply with restrictions relating to his acceptance of compensation.