[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2635.802]

[Page 567-568]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2635--STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE 
BRANCH--Table of Contents
 
                      Subpart H--Outside Activities
 
Sec. 2635.802  Conflicting outside employment and activities.

    An employee shall not engage in outside employment or any other 
outside activity that conflicts with his official duties. An activity 
conflicts with an employee's official duties:
    (a) If it is prohibited by statute or by an agency supplemental 
regulation; or

[[Page 568]]

    (b) If, under the standards set forth in Secs. 2635.402 and 
2635.502, it would require the employee's disqualification from matters 
so central or critical to the performance of his official duties that 
the employee's ability to perform the duties of his position would be 
materially impaired.
    Employees are cautioned that even though an outside activity may not 
be prohibited under this section, it may violate other principles or 
standards set forth in this part or require the employee to disqualify 
himself from participation in certain particular matters under either 
subpart D or subpart E of this part.

    Example 1: An employee of the Environmental Protection Agency has 
just been promoted. His principal duty in his new position is to write 
regulations relating to the disposal of hazardous waste. The employee 
may not continue to serve as president of a nonprofit environmental 
organization that routinely submits comments on such regulations. His 
service as an officer would require his disqualification from duties 
critical to the performance of his official duties on a basis so 
frequent as to materially impair his ability to perform the duties of 
his position.
    Example 2: An employee of the Occupational Safety and Health 
Administration who was and is expected again to be instrumental in 
formulating new OSHA safety standards applicable to manufacturers that 
use chemical solvents has been offered a consulting contract to provide 
advice to an affected company in restructuring its manufacturing 
operations to comply with the OSHA standards. The employee should not 
enter into the consulting arrangement even though he is not currently 
working on OSHA standards affecting this industry and his consulting 
contract can be expected to be completed before he again works on such 
standards. Even though the consulting arrangement would not be a 
conflicting activity within the meaning of Sec. 2635.802, it would 
create an appearance that the employee had used his official position to 
obtain the compensated outside business opportunity and it would create 
the further appearance of using his public office for the private gain 
of the manufacturer.