[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR3501.105]

[Page 712-713]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                 CHAPTER XXV--DEPARTMENT OF THE INTERIOR
 
PART 3501_SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE 
 
Sec. 3501.105  Outside employment and activities.

    (a) Prohibited outside employment and activities. (1) Under 43 
U.S.C. 31(a), employees of the U.S. Geological Survey shall execute no 
surveys or examinations for private parties or corporations.
    (2) Employees in the Bureau of Land Management may not engage in 
outside employment as real estate agents and realty specialists. Such 
employees are not required to cancel a real estate license, but may 
maintain the license on an inactive basis.
    (3) Employees in the Office of the Assistant Secretary--Indian 
Affairs, or in the Bureau of Indian Affairs (BIA), may not hold a 
position on a tribal election board or on a tribal school board which 
oversees BIA schools.

    Note to paragraph (a)(3): Except for membership on a tribal election 
board and a tribal school board which oversees BIA schools, an eligible 
person employed in the Office of the Assistant Secretary--Indian Affairs 
or in the BIA may become a candidate for office in his local tribe or 
may be appointed as a representative of his local tribe if prior 
approval is obtained from the Deputy Assistant Secretary--Indian Affairs 
pursuant to paragraph (b) of this section.

    (b) Prior approval of outside employment--(1) Prior approval 
requirement. (i) An employee of the Department, other than an employee 
of the U.S. Geological Survey or a special Government employee, shall 
obtain written approval from his ethics counselor or other agency 
designee before engaging in outside employment with a prohibited source.
    (ii)(A) An employee of the U.S. Geological Survey (USGS), other than 
a special Government employee, shall obtain written approval from the 
USGS deputy ethics counselor before engaging in any outside employment.
    (B) The USGS may issue instructions exempting categories of 
employment from the prior approval requirement in paragraph 
(b)(1)(ii)(A) of this section, based on a determination that the 
employment within those categories

[[Page 713]]

would generally be approved and are not likely to involve conduct 
prohibited by statute or Federal regulation, including 5 CFR part 2635 
and this part.
    (2) Form of request for approval. (i) A request for prior approval 
of outside employment shall include, at a minimum, the following:
    (A) The employee's name, occupational title, office address, and 
office telephone number;
    (B) A brief description of the employee's official duties;
    (C) The nature of the outside employment, including a full 
description of the specific duties or services to be performed;
    (D) The name and address of the prospective outside employer; and
    (E) A statement that the employee currently has no official duties 
involving a matter that affects the outside employer and will disqualify 
himself from future participation in matters that could directly affect 
the outside employer.
    (ii) 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.
    (3) Standard for approval. Approval shall be granted unless a 
determination is made that the outside employment is expected to involve 
conduct prohibited by statute or Federal regulation, including 5 CFR 
part 2635 and this part.
    (4) Definitions. As used in this section:
    (i) Employment means any form of non-Federal business relationship 
involving the provision of personal services by the employee, with or 
without compensation. It includes but is not limited to personal 
services as an officer, director, employee, agent, attorney, consultant, 
contractor, general partner, trustee, teacher, or speaker. It includes 
writing done under an arrangement with another person for production or 
publication of the written product. It does not, however, include 
participation in the activities of a nonprofit charitable, religious, 
professional, social, fraternal, educational, recreational, public 
service, or civic organization, unless the participation involves the 
provision of professional services or advice for compensation other than 
reimbursement for actual expenses.
    (ii) Prohibited source has the meaning in 5 CFR 2635.203(d), as 
supplemented by Sec. 3501.102, and includes any person who:
    (A) Is seeking official action by the Department or, in the case of 
an employee of one of the separate agency components designated in Sec. 
3501.102(a), by that component;
    (B) Does business or seeks to do business with the Department, or in 
the case of an employee of one of the separate agency components 
designated in Sec. 3501.102(a), with that component;
    (C) Conducts activities regulated by the Department or, in the case 
of an employee of one of the separate agency components designated in 
Sec. 3501.102(a), by that component;
    (D) Has interests that may be substantially affected by the 
performance or nonperformance of the employee's official duties; or
    (E) Is an organization a majority of whose members are described in 
paragraphs (b)(4)(ii) (A) through (D) of this section.

[62 FR 53718, Oct. 16, 1997, as amended at 63 FR 34259, June 24, 1998]

[[Page 715]]