[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: 5CFR3801.106]

[Page 724-725]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                  CHAPTER XXVIII--DEPARTMENT OF JUSTICE
 
PART 3801_SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE 
 
Sec. 3801.106  Outside employment.

    (a) Definition. For purposes of this section, outside employment 
means any form of employment, business relationship or activity, 
involving the provision of personal services whether or not for 
compensation, other than in the discharge of official duties. It 
includes, but is not limited to, services as a lawyer, officer, 
director, trustee, employee, agent, consultant, contractor, or general 
partner. Speaking, writing and serving as a fact witness are excluded 
from this definition, so long as they are not combined with the 
provision of other services that do fall within this definition, such as 
the practice of law. Employees who wish to engage in compensated 
speaking and writing should review Sec. 2635.807 of this title.
    (b) Prohibitied outside employment. (1) No employee may engage in 
outside employment that involves:
    (i) The practice of law, unless it is uncompensated and in the 
nature of community service, or unless it is on behalf of himself, his 
parents, spouse, or children;
    (ii) Any criminal or habeas corpus matter, be it Federal, State, or 
local; or
    (iii) Litigation, investigations, grants or other matters in which 
the Department of Justice is or represents a party, witness, litigant, 
investigator or grant-maker.
    (2) Where application of the restrictions of paragraph (b)(1) of 
this section will cause undue personal or family hardship; unduly 
prohibit an employee from completing a professional obligation entered 
into prior to Government service; or unduly restrict the Department from 
securing necessary and uniquely specialized services, the restrictions 
may be waived in writing based upon a determination that the activities 
covered by the waiver are not expected to involve conduct prohibited by 
statute or Federal regulation. Employees should refer to DOJ Order 
1735.1 on obtaining waivers. The Order is available from the agency 
designee which, for purposes of this rule, shall be the Deputy 
Designated Agency Ethics Official for the component.
    (c) Prior approval for outside employment. (1) An employee must 
obtain

[[Page 725]]

written approval before engaging in outside employment, not otherwise 
prohibited by paragraph (b) of this section that involves:
    (i) The practice of law; or
    (ii) A subject matter, policy,or program that is in his component's 
area of responsibility.
    (2) Employees should refer to DOJ Order 1735.1 for procedures on 
obtaining prior approval. A waiver granted pursuant to paragraph (b)(2) 
of this section will be sufficient to satisfy this prior approval 
requirement.
    (3) Approval shall be granted only upon a determination that the 
outside employment is not expected to involve conduct that is prohibited 
by statute or Federal regulation.

[62 FR 23942, May 2, 1997; 62 FR 31865, June 11, 1997]

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