[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2635.805]

[Page 584-585]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2635_STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH--
 
                      Subpart H_Outside Activities
 
Sec.  2635.805  Service as an expert witness.

    (a) Restriction. An employee shall not serve, other than on behalf 
of the United States, as an expert witness, with or without 
compensation, in any proceeding before a court or agency of the United 
States in which the United States is a party or has a direct and 
substantial interest, unless the employee's participation is authorized 
by the agency under paragraph (c) of this section. Except as provided in 
paragraph (b) of this section, this restriction shall apply to a special 
Government employee only if he has participated as an employee or 
special Government employee in the particular proceeding or in the 
particular matter that is the subject of the proceeding.
    (b) Additional restriction applicable to certain special Government 
employees. (1) In addition to the restriction described in paragraph (a) 
of this section, a special Government employee described in

[[Page 585]]

paragraph (b)(2) of this section shall not serve, other than on behalf 
of the United States, as an expert witness, with or without 
compensation, in any proceeding before a court or agency of the United 
States in which his employing agency is a party or has a direct and 
substantial interest, unless the employee's participation is authorized 
by the agency under paragraph (c) of this section.
    (2) The restriction in paragraph (b)(1) of this section shall apply 
to a special Government employee who:
    (i) Is appointed by the President;
    (ii) Serves on a commission established by statute; or
    (iii) Has served or is expected to serve for more than 60 days in a 
period of 365 consecutive days.
    (c) Authorization to serve as an expert witness. Provided that the 
employee's testimony will not violate any of the principles or standards 
set forth in this part, authorization to provide expert witness service 
otherwise prohibited by paragraphs (a) and (b) of this section may be 
given by the designated agency ethics official of the agency in which 
the employee serves when:
    (1) After consultation with the agency representing the Government 
in the proceeding or, if the Government is not a party, with the 
Department of Justice and the agency with the most direct and 
substantial interest in the matter, the designated agency ethics 
official determines that the employee's service as an expert witness is 
in the interest of the Government; or
    (2) The designated agency ethics official determines that the 
subject matter of the testimony does not relate to the employee's 
official duties within the meaning of Sec.  2635.807(a)(2)(i).
    (d) Nothing in this section prohibits an employee from serving as a 
fact witness when subpoenaed by an appropriate authority.

[57 FR 35042, Aug. 7, 1992, as amended at 62 FR 48748, Sept. 17, 1997]