---
kind: "section"
citation: "5 C.F.R. § 4601.105"
title: "5"
number: "4601.105"
heading: "Additional rules for Federal Emergency Management Agency (FEMA) employees."
url: "https://uscodex.org/cfr/5/4601.105"
---

# §4601.105. Additional rules for Federal Emergency Management Agency (FEMA) employees.


The following rules apply to employees of FEMA, except Special Government Employees, and are in addition to §§ [4601.101 through 4601.103](/cfr/5/4601.101..4601.103.md) and [4601.107](/cfr/5/4601.107.md) and [4601.108](/cfr/5/4601.108.md) of this part:

- (a) **Prohibited outside employment (intermittent employees).** Except as provided in [paragraph (c)](#c) of this section, no intermittent FEMA employees hired under the authority of [42 U.S.C. 5149](/usc/42/5149.md), which includes all Disaster Assistance Employees or Stafford Act Employees and Cadre of On-Call Response Employees, shall be employed by a current FEMA contractor while a FEMA employee, whether or not they are on activated status.
- (b) **Prohibited outside employment (non-intermittent employees).** Except as provided in [paragraph (c)](#c) of this section, no non-intermittent FEMA employee shall be employed by a current FEMA contractor.
- (c) **Waivers.** The FEMA Chief Deputy Ethics Official or his or her agency designee may grant a written waiver of any prohibition in paragraphs [(a)](#a) and [(b)](#b) of this section with the DAEO's concurrence. To grant the waiver, the FEMA Chief Deputy Ethics Official or his or her agency designee must determine that the waiver is consistent with [5 CFR part 2635](/cfr/5/part2635.md) and not otherwise prohibited by law; that the prohibition is not necessary to avoid the appearance of misuse of position or loss of impartiality; and that the waiver will not undermine the public's confidence in the employee's impartiality and objectivity in administering FEMA programs. A waiver under this paragraph may impose appropriate conditions, such as requiring execution of a written disqualification statement.

## Notes

### Authority

Authority: 5 U.S.C. 301, 7301, 7353; 5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.203(a), 2635.403(a), 2635.702, 2635.703, 2635.802(a), 2635.803, 2635.

### Source

Source: 81 FR 6167, Jan. 5, 2016, unless otherwise noted.