[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: 5CFR6401.103]

[Page 824-825]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
              CHAPTER LIV--ENVIRONMENTAL PROTECTION AGENCY
 
PART 6401_SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE 
 
Sec. 6401.103  Prior approval for outside employment.

    (a) Requirement for approval. An employee shall obtain approval from 
his or her Deputy Ethics Official before engaging in outside employment, 
with or without compensation, that involves:
    (1) Consulting services;
    (2) The practice of a profession as defined in 5 CFR 2636.305(b)(1);
    (3) Holding State or local public office;
    (4) Subject matter that deals in significant part with the policies, 
programs or operations of EPA or any matter to which the employee 
presently is assigned or to which the employee has been assigned during 
the previous one-year period; or
    (5) The provision of services to or for:
    (i) An EPA contractor or subcontractor;
    (ii) The holder of an EPA assistance agreement or subagreement; or
    (iii) A firm regulated by the EPA office or Region in which the 
employee serves.
    (b) Form and content of request. The employee's request for approval 
of outside employment shall be submitted in writing to his or her Deputy 
Ethics Official. The request shall be sent through the employee's 
immediate supervisor (for the supervisor's information) and shall 
include:
    (1) Employee's name, title and grade;
    (2) Nature of the outside activity, including a full description of 
the services to be performed and the amount of compensation expected;
    (3) The name and business of the person or organization for which 
the work will be done (in cases of self-employment, indicate the type of 
services to be rendered and estimate the number of clients or customers 
anticipated during the next 6 months);
    (4) The estimated time to be devoted to the activity;
    (5) Whether the service will be performed entirely outside of normal 
duty hours (if not, estimate the number of hours of absence from work 
required);
    (6) The employee's statement that no official duty time or 
Government property, resources, or facilities not available to the 
general public will be used in connection with the outside employment;

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    (7) The basis for compensation (e.g., fee, per diem, per annum, 
etc.);
    (8) The employee's statement that he or she has read, is familiar 
with, and will abide by the restrictions described in 5 CFR part 2635 
and Sec. 6401.102; and
    (9) An identification of any EPA assistance agreements or contracts 
held by a person to or for whom services would be provided.
    (c) Standard for approval. Approval shall be granted only upon a 
determination that the outside employment is not expected to involve 
conduct prohibited by statute or Federal regulation, including 5 CFR 
part 2635 and Sec. 6401.102. The decision must be in writing.
    (d) Keeping the record up-to-date. If there is a change in the 
nature or scope of the duties or services performed or the nature of the 
employee's business, the employee must submit a revised request for 
approval. Where an employee transfers to an organization for which a 
different Deputy Ethics Official has responsibility, the employee must 
obtain approval from the new Deputy Ethics Official. In addition, each 
approved request is valid only for five years unless the employee's 
Deputy Ethics Official specifies a longer time period.
    (e) Definition of employment. For purposes of this section, 
``employment'' means any form of non-Federal employment, business 
relationship, or activity involving the provision of personal services 
by the employee, whether or not for 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 when 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 nonprofit 
charitable, religious, professional, social, fraternal, educational, 
recreational, public service, or civic organizations, unless such 
activities are for compensation other than reimbursement for expenses.

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