Footnotes

                ¹ This example is based on the fact pattern in United States v. Williams, Civ. No. 98-862 (E.D. Va., filed June 17, 1998).

               ² OLC has also said that section 209 does not preclude royalty payments to employee-inventors from outside sources where the Federal Government has waived any interest in commercializing an invention and permitted the employees personally to pursue any patent rights. See letter from Randolph Moss, Assistant Attorney General, Office of Legal Counsel, to Gary Davis, Acting Director, Office of Government Ethics (Sept. 7, 2000).

                ³ See the definition of an employee's "position" in 5 C.F.R. § 511.101(e).

                ⁴ However, such payments could violate the outside earned income limitations applicable to certain employees. See 5 U.S.C. app. 501(a); Exec. Order No. 12,731 § 102.

                ⁵The example is based on the facts in OGE Informal Advisory Letter 83 x 10.

                ⁶ Although section 209 is also applicable to employees of the District of Columbia, OGE's authority to provide interpretive guidance is limited to employees of the executive branch of the United States. See 5 U.S.C. app. 402(a).

                ⁷ Implementing regulations for the Government Employees Training Act are contained in subpart E of 5 C.F.R. part 410.

                ⁸ Those officials are the President, the President-elect, the Vice President, the Vice President-elect, a Member of Congress, a Member-of-Congress-elect, a Cabinet Secretary, a person nominated to be a Cabinet Secretary, the official ranking just below a Cabinet Secretary, the Director (or person nominated to be the Director) or Deputy Director of Central Intelligence, a "major" Presidential or Vice Presidential candidate, a U.S. Supreme Court Justice, or a person nominated to be a Justice.


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