{"data":{"id":"us/5-cfr-2635.804","jurisdiction":"us","citation":"5 CFR 2635.804","heading":"Outside earned income limitations applicable to certain Presidential appointees.","body":"This section implements the outside earned income limitations applicable to certain Presidential appointees. The outside earned income limitations applicable to covered noncareer employees, as defined in § 2636.303(a) of this chapter, are implemented in §§ 2636.301 through 2636.304 of this chapter.\n(a) Presidential appointees to full-time noncareer positions. A Presidential appointee to a full-time noncareer position may not receive any outside earned income for outside employment, or for any other outside activity, performed during that Presidential appointment.\n(b) Definitions. For purposes of this section:\n(1) Outside earned income has the meaning set forth in § 2636.303(b) of this chapter, except that § 2636.303(b)(7) does not apply.\n(2) Presidential appointee to a full-time noncareer position means any employee who is appointed by the President to a full-time position described in 5 U.S.C. 5312 through 5317 or to a position that, by statute or as a matter of practice, is filled by Presidential appointment, other than:\n(i) A position filled under the authority of 3 U.S.C. 105 or 107(a) for which the rate of basic pay is less than that for GS-9, step 1 of the General Schedule;\n(ii) A position, within a White House operating unit, that is designated as not normally subject to change as a result of a Presidential transition;\n(iii) A position within the uniformed services; or\n(iv) A position in which a member of the Foreign Service is serving that does not require advice and consent of the Senate.\nExample 1 to paragraph (b)(2): A career Department of Justice employee who is detailed to a policy-making position in the White House Office that is ordinarily filled by a noncareer employee is not a Presidential appointee to a full-time noncareer position.\nExample 2 to paragraph (b)(2): A Department of Energy employee appointed under § 213.3301 of this title to a Schedule C position is appointed by the agency and, thus, is not a Presidential appointee to a full-time noncareer position.","path":["Title 5—Administrative Personnel","CHAPTER XVI—OFFICE OF GOVERNMENT ETHICS","SUBCHAPTER B—GOVERNMENT ETHICS","PART 2635—STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH","Subpart H—Outside Activities"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-5.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:23:53Z","sha256":"803e81da493af5836b212d6fe49e6271dfc96d2d2b4648ea79ad1f1d5c6835bd","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-2635.803","next":"us/5-cfr-2635.805"},"notice":"GroundRules: Original legal text. Not legal advice."}