[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR73.735-705]



[Page 181-182]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 73_STANDARDS OF CONDUCT--Table of Contents

 

                      Subpart G_Outside Activities

 

Sec.  73.735-705  Writing and editing.



    (a) Employees are encouraged to engage in outside writing and 

editing whether or not done for compensation, when such activity is not 

otherwise prohibited. Such writing and editing, though not a part of 

official duties, may be on a directly related subject or entirely 

unrelated. Certain conditions must be met in either case, however, and 

certain clearances or approvals are prescribed according to the content 

of the material as set forth in paragraphs (b) through (e) of this 

section.

    (b) Conditions applying to writing and editing done not as a part of 

official duties.

    (1) The following conditions shall apply to all writing and editing 

whether related or unrelated to the employee's official duties:

    (i) Government-financed time or supplies shall not be used by the 

author or by other Government employees in connection with the activity; 

and

    (ii) Official support must not be expressed or implied in the 

material itself or advertising or promotional material, including book 

jackets and covers, relating to the employee and his or her contribution 

to the publication.

    (2) If the writing or editing activity is unrelated to the 

employee's official duties or other responsibilities and programs of the 

Federal government, the employee must:

    (i) Make no mention of his or her official title or affiliation with 

the Department, or

    (ii) Use his or her official title or affiliation with the 

Department in a way that will not suggest or convey official endorsement 

of the work.

    (3) If the writing or editing activity is related to the employee's 

official duties or other responsibilities and programs of the Federal 

government, the employee must:

    (i) Make no mention of his or her official title or affiliation with 

the Department, or

    (ii) Use his or her official title or affiliation with the 

Department and a disclaimer as provided in paragraph (c) of this 

section, or

    (iii) Submit the material for clearance within the operating 

component, under procedures established by the component. When clearance 

is denied at any lower level, the employee shall have recourse for 

review up to the head of the principal operating component. This 

clearance will show there are no official objections to the activity and 

the employee may then use his or her official title or affiliation with 

the Department usually without a disclaimer.

    (c) Disclaimers. (1) Except where the requirement for disclaimer is 

waived as a result of official clearance, disclaimers shall be used in 

all writing and editing related to the employee's official duties or 

other responsibilities and programs of the Federal government:

    (i) In which the employee identifies himself or herself by official 

title or affiliation with the Department, or

    (ii) When the prominence of the employee or the employee's position 

might lead the public to associate him or her with the Department, even 

without identification other than name.

    (2) Disclaimers shall read as follows unless a different wording is 

approved by the Assistant General Counsel, Business and Administrative 

Law Division, Office of the General Counsel: ``This (article, book, 

etc.) was (written, edited) by (employee's name) in (his or her) private 

capacity. No official suport or endorsement by (name of operating 

component or of Department) is intended or should be inferred.''

    (d) Advance approval. Advance approval is required in accordance 

with Sec.  73.735-708 of this subpart when one or more of the following 

conditions apply:



[[Page 182]]



    (1) Any Government information is used which is not available on 

request to persons outside the Government;

    (2) Material is written or edited which pertains to subject matter 

directly related to an employee's official duties; (This includes 

editing for scientific or professional journals which is related to his 

or her official duties.)

    (3) Material is written or edited which pertains to any Government-

sponsored research or other studies for which clinical case records or 

other material of a confidential nature are used or to which access is 

limited for persons outside the Government. Such use will not be 

permitted unless made under safeguards established by the operating 

component to retain the confidentiality of the material, and such use is 

determined to be in the public interest.