[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR8301.102]

[Page 869-870]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER LXXIII--DEPARTMENT OF AGRICULTURE
 
PART 8301_SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF 
THE DEPARTMENT OF AGRICULTURE--Table of Contents
 
Sec. 8301.102  Prior approval for outside employment.

    (a) Prior approval requirement. An employee, other than a special 
Government employee, who is required to file either a public or 
confidential financial disclosure report (SF 278 or OGE Form 450), or an 
alternative form of reporting approved by the Office of Government 
Ethics, shall, before engaging in outside employment, obtain written 
approval in accordance with the procedures set forth in paragraph (c) of 
this section.
    (b) Definition of employment. For purposes of this section, 
``employment'' means any form of non-Federal employment or business 
relationship or activity involving the provision of personal services by 
the employee for direct, indirect, or deferred compensation other than 
reimbursement of actual and necessary expenses. It also includes, 
irrespective of compensation, the following outside activities.
    (1) Providing personal services as a consultant or professional, 
including service as an expert witness or as an attorney; and
    (2) Providing personal services to a for-profit entity as an 
officer, director, employee, agent, attorney, consultant, contractor, 
general partner, or trustee, which involves decision making or 
policymaking for the non-Federal entity, or the provision of advice or 
counsel.
    (c) Submission of requests for approval. An employee seeking to 
engage in employment for which advance approval is required shall submit 
a written request for approval to the employee's supervisor a reasonable 
time before the employee proposes to begin the employment. Upon a 
significant change in the nature of the outside employment or in the 
employee's official position, the employee shall submit a revised 
request for approval. The supervisor will forward written requests for 
approval to the agency designee, through normal supervisory channels. 
All requests for prior approval shall include the following information:
    (1) The employee's name, organizational location, occupational 
title, grade, and salary;

[[Page 870]]

    (2) The nature of the proposed outside employment, including a full 
description of the specific duties or services to be performed;
    (3) A description of the employee's official duties that relate in 
any way to the proposed employment;
    (4) The name and address of the person or organization for whom or 
with which the employee is to be employed, including the location where 
the services will be performed;
    (5) The method or basis of any compensation (e.g., fee, per diem, 
honorarium, royalties, stock options, travel and expenses, or other);
    (6) A statement as to whether the compensation is derived from a 
USDA grant, contract, cooperative agreement, or other source of USDA 
funding;
    (7) For employment involving the provision of consultative or 
professional services, a statement indicating whether the client, 
employer, or other person on whose behalf the services are performed is 
receiving, or intends to seek, a USDA grant, contract, cooperative 
agreement, or other funding relationship; and
    (8) For employment involving teaching, speaking, writing or editing, 
the proposed text of any disclaimer required by 5 CFR 2635.807(b).
    (d) Standard for approval. Approval shall be granted by the agency 
designee unless it is determined that the outside employment is expected 
to involve conduct prohibited by statute or Federal regulation, 
including 5 CFR part 2635.
    (e) Responsibilities of the component agencies. (1) The agency 
designee for each separate agency or component of USDA may issue an 
instruction or manual issuance exempting categories of employment from a 
requirement of prior written approval based on a determination that 
employment within those categories would generally be approved and is 
not likely to involve conduct prohibited by Federal statutes or 
regulations, including 5 CFR part 2635 and this part.
    (2) Department components may specify internal procedures governing 
the submission of prior approval requests, including but not limited to: 
timely submission requirements; determination deadlines; appeals or 
reviews; and requirements for updating requests. Internal procedures 
also should designate appropriate officials to act on such requests. The 
instructions or manual issuances may include examples of outside 
employment that are permissible or impermissible consistent with 5 CFR 
part 2635 and this part. With respect to employment involving teaching, 
speaking or writing, the instructions or manual issuances may specify 
pre-clearance procedures and/or require disclaimers indicating that the 
views expressed do not necessarily represent the views of the agency, 
USDA or the United States.
    (3) The officials within the respective USDA agencies or components 
responsible for the administrative aspects of these regulations and the 
maintenance of records shall make provisions for the filing and 
retention of requests for approval of outside employment and copies of 
the notification of approval or disapproval.