BOP Program Statement 3420.14 § 14

a. Definitions. (for purposes of this section)

(1) Criminal Matters. Involvement with federal, state, or local law enforcement agencies,

matters carried out under title 18 of the United States Code, involvement with federal, state,

or local inmates.

(2) Outside Employment. Any form of employment, business relationship, or activity

involving the provision of personal services, whether or not for compensation, other than when

discharging official duties.

It includes, but is not limited to, services as a lawyer, officer, director, trustee, employee,

agent consultant, contractor, or general partner (see 5 C.F.R. § 3801.106). Outside

employment may also include speaking, writing, and teaching (see 5 C.F.R. § 2635.807).

b. General Limitations. An employee may not engage in outside employment, as defined

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above, that conflicts with their official duties. In addition, employees may not engage in:

■ Any outside employment or activity that involves representations before the federal

government (see 18 U.S.C. § 205).

■ The practice of law, unless it is uncompensated and in the nature of community service, or

unless it is on behalf of the employee or their parents, spouse, or children (see 5 C.F.R. §

3801.106(b)(1)(i)).

■ Any outside employment or activity that involves criminal matters or habeas corpus

matters, be it federal, state, or local (see 5 C.F.R. § 3801.106(b)(1)(ii).

■ Litigation, investigations, grants, or other matters in which the DOJ is or represents a

party, witness, litigant, investigator, or grant-maker (see 5 C.F.R. § 3801.106(b)(1)(iii)).

c. Approval.

(1) Prior Approval. An employee must obtain written approval before engaging in outside

employment (as defined above) which involves:

(i) Outside Employment Within One’s Profession. Employees serving in the

professions listed below, including other employees who may not officially serve in

those positions but are licensed as a psychologist, physician, or attorney, wishing to

engage in outside employment within that profession must utilize the BP-A0543,

Request for Outside Employment Within One’s Profession form, and obtain the

approval of their immediate supervisor, CEO, Regional Director or Assistant

Director, and the Director prior to starting their outside employment activity. This is

required, even if employed by the Bureau in another position.

■ Architect.

■ Attorney.

■ Chaplain.

■ Physician.

■ Psychologist.

Attorneys who seek to practice law outside the Bureau must also refer to Section 15,

Rules for Attorneys.

For the purpose of this subsection, teaching, writing, and speaking are not considered

practicing within one’s profession.

(ii) Outside Employment Involving Use of a Weapon. Employees seeking to engage in

outside employment that involves the use of a weapon must utilize the BP-A0166,

Request for Approval for Outside Employment form, and obtain approval from their

supervisor, CEO, and the Ethics Officer prior to starting their proposed outside

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employment.

(iii)All Other Positions Seeking Prior Approval. For any employee who is not

otherwise required to seek prior approval may obtain formal review and approval

prior to beginning their outside position by submitting form BP-A0166.

(2) Notification. All other employees engaging in outside employment in accordance with

this section must provide written notification to the CEO, by submitting the BP-A0927,

Notification of Outside Employment form within 30 days from the date outside employment

begins.

(3) Exceptions. Unless required to seek prior approval, employees who perform voluntary

service, which specifically involves employees’ club or credit union, which does not conflict

with their official duties or with the Bureau’s mission, are exempt from the requirement to

request approval or submit notification for these activities. Only the specific voluntary service

activities outlined above are exempt. All other voluntary service activities must have the

appropriate outside employment form on file.

(4) Other Requirements.

■ Any approval granted for outside employment or activity applies only to the particular

position or activity referenced in the application and approval.

■ Any employee whose outside employment status changes (e.g., due to accepting a

different position with the same company, beginning work for a different company, a

change of Bureau duty station, a change of Bureau position), must submit a new

request form, and receive approval for the outside employment per Section 14(c)(1)

or (c)(2), above.

■ Any employee who wishes to serve as an officer or director of any organization,

whether compensated or uncompensated, must complete an outside employment

request form. Certain high-level officials who wish to serve as an officer or director of

an organization must submit the request through the Director to the Deputy Attorney

General. For further guidance, see 18 U.S.C. Section 208.

(5) Waiver. Employees whose request for approval has been denied in accordance with the

General Limitations in Section 14.b. may request a waiver from the Ethics Official per 5

C.F.R. § 3801.106(b)(2).

d. Expert Witness. An employee may not serve, other than on behalf of the United States, as

an expert witness (with or without compensation) in any proceeding before a court or agency of

the United States in which the United States is a party unless their participation is authorized by

the Bureau. Authorization may be provided by the Bureau Ethics Officer, per 5 C.F.R. §

2635.805(c).

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e. Other Government Employment. With limited exceptions, Bureau employees may not be

employed by or contract for employment with any other federal or law enforcement agency

while employed by the Bureau. This prohibition does not apply to federal military service,

including reserve duty and National Guard service.

f. Guidance. Employees should contact the Ethics Office for guidance concerning outside

employment.