[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: 5CFR4501.103]

[Page 749-750]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
              CHAPTER XXXV--OFFICE OF PERSONNEL MANAGEMENT
 
PART 4501_SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE 
 
Sec. 4501.103  Prior approval for certain outside activities.

    (a) Prior approval requirement. An employee, other than a special 
Government employee, shall obtain written approval before engaging--with 
or without compensation--in the following outside activities:
    (1) Providing professional services involving the application of the 
same specialized skills or the same educational background as 
performance of the employee's official duties;
    (2) Teaching, speaking, or writing that relates to the employee's 
official duties;
    (3) Serving as an officer, director, trustee, general partner, 
employee, agent, attorney, consultant, contractor, or active participant 
for a prohibited source, except that prior approval is not required by 
this paragraph (a)(3) to provide such service without compensation 
(other than reimbursement of expenses) for a prohibited source that is a 
nonprofit charitable, religious, professional, social, fraternal, 
educational, recreational, public service, or civic organization, unless 
prior approval for the activity is required by paragraph (a)(1), (a)(2), 
or (a)(4) of this section, or unless the organization receives or seeks 
to receive fundraising support through the Combined Federal Campaign 
(CFC) under 5 CFR part 950 and the employee's official duties involve 
the administration of the CFC program; or
    (4)(i) Except as provided in paragraph (a)(4)(ii) of this section, 
providing services, other than clerical services or service as a fact 
witness, on behalf of any other person in connection with a particular 
matter:
    (A) In which the United States is a party;

[[Page 750]]

    (B) In which the United States has a direct and substantial 
interest; or
    (C) If the provision of services involves the preparation of 
materials for submission to, or representation before, a Federal court 
or executive branch agency.
    (ii) Prior approval is not required by paragraph (a)(4)(i) of this 
section for OPM employees acting on behalf of the labor organization 
that is the exclusive representative of the OPM employees in the unit it 
represents to provide services as an agent or attorney for, or otherwise 
to represent, such an OPM employee who is the subject of disciplinary, 
loyalty, or other personnel administration proceedings in connection 
with those proceedings.
    (b) Submission of requests for approval. (1) Requests for approval 
shall be submitted in writing to the agency designee, through normal 
supervisory channels. Such requests shall include, at a minimum, the 
following:
    (i) The employee's name and position title;
    (ii) The name and address of the person or organization for whom the 
outside activity is to be performed;
    (iii) A description of the proposed outside activity, including the 
duties and services to be performed while engaged in the activity; and
    (iv) The proposed hours that the employee will engage in the outside 
activity, and the approximate dates of the activity.
    (2) Together with his request for approval, the employee shall 
provide a certification that:
    (i) The outside activity will not depend in any way on nonpublic 
information;
    (ii) No official duty time or Government property, resources, or 
facilities not available to the general public will be used in 
connection with the outside activity; and
    (iii) The employee has read subpart H (``Outside Activities'') of 5 
CFR part 2635.
    (3) Upon a significant change in the nature or scope of the outside 
activity or in the employee's official position, the employee shall 
submit a revised request for approval.
    (c) Approval of requests. Approval shall be granted only upon a 
determination by the agency designee, in consultation with an agency 
ethics official when such consultation is deemed necessary by the agency 
designee, that the outside activity is not expected to involve conduct 
prohibited by statute or Federal regulation, including 5 CFR part 2635.
    (d) Definitions. For purposes of this section:
    (1) Active participant has the meaning set forth in 5 CFR 
2635.502(b)(1)(v).
    (2) Nonpublic information has the meaning set forth in 5 CFR 
2635.703(b).
    (3) Professional services means the provision of personal services 
by an employee, including the rendering of advice or consultation, which 
involves application of the skills of a profession as defined in 5 CFR 
2636.305(b)(1).
    (4) Prohibited source has the meaning set forth in 5 CFR 
2635.203(d).
    (5) Relates to the employee's official duties has the meaning set 
forth in 5 CFR 2635.807(a)(2)(i)(B) through (a)(2)(i)(E).

[61 FR 36996, July 16, 1996; 62 FR 32859, June 17, 1997]

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