[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: 45CFR73.735-708]



[Page 183-184]

 

                        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.  73.735-708  Administrative approval of certain outside activities.



    (a) Scope. As specified in Sec.  73.735-704 through 707, an employee 

is required to obtain advance administrative approval to engage in the 

following outside activities:

    (1) Certain writing or editing activities;

    (2) Certain types of teaching and lecturing;

    (3) All professional and consultative services;

    (4) Any other outside activity for which the head of a principal 

operating component or the head of a sub-unit of a principal operating 

component imposes internal requirements for administrative approval; and

    (5) Certain office-holding activities in professional societies.

    (b) Requests for Administrative Approval. An employee seeking to 

engage in any of the activities for which advance approval is required 

shall make a written request for administrative approval a reasonable 

time before beginning the activity. (See Sec.  73.735-202(e)(1)). This 

request should be directed to the employee's supervisor who will forward 

it to the official authorized to approve outside work requests for the 

employee's component. The request should include the following 

information:

    (1) Employee's name, position title, grade or rank;

    (2) Nature of the activity, fully describing the specific duties or 

services for which approval is requested;

    (3) Name and business of person or organization for which work will 

be done, or statement that work will be self-employment. If self-

employment, employee must state whether activity will be conducted alone 

or with partners;

    (4) Place where work will be performed;

    (5) Estimated total time to be devoted to activity. If on a 

continuing basis, indicate estimated time per year and the anticipated 

termination date;

    (6) Whether services can be performed entirely outside of usual duty 

hours. If not, the estimated number of hours absent from work should be 

indicated;

    (7) Method or basis of compensation if any (e.g., fee, per diem, per 

annum, or other).

    (8) Where an employee seeks approval to provide consultative or 

professional services to organizations including governments which have 

been awarded or may apply for a Federal grant or contract, the request 

shall also include full details on any aspect of the professional and 

consultative services which could relate in any way, either directly or 

indirectly, to grant applications, contract proposals, program reports, 

and other material which are designed to become the subject of dealings 

between the grantee or contractor and the Government. (See Sec.  73.735-

704(a)(2))

    (c) The Department Ethics Counselor will review and approve outside 

work requests for Executive level officers, non-career executives, 

deputy ethics counselors, and Schedule C employees in the Office of the 

Secretary.

    (d) Granting Approval of Certain Activities. The approving official 

shall review each request submitted under paragraph (b) of this section, 

and appraise each request on the basis of the standards of this part and 

all other applicable laws, regulations or internal rules of the 

principal operating component or sub-unit thereof. He or she should 

consult with a deputy ethics



[[Page 184]]



counselor or the Department Ethics Counselor in all cases that raise a 

difficult or novel question of law or fact. The approving official shall 

approve or disapprove each request and communicate his or her decision 

in writing to the employee.