| Official Duty Federal Liaison | Official Duty Leadership Position (e.g. Officer) | Outside (Personal) Activity | |
| General Considerations | Non-voting, non-fiduciary role. May NOT participate in the organization’s business affairs, lobbying, fundraising, or political activities. The employee may not make a representation on behalf of the nonprofit organization to the Executive Branch unless part of regular official duties to do so. |
Voting participation is permitted, with limitations. May NOT participate in the professional 501(c) nonprofit organization’s business affairs, lobbying, fundraising, or political activities. The employee may not make a representation on behalf of the nonprofit organization to the Executive Branch unless part of regular official duties to do so. |
Outside activities with certain organizations are not permissible. Certain provisions of the Hatch Act apply while “on” and “off” duty. The employee may not make a representation on behalf of the nonprofit organization to the Executive Branch unless part of regular official duties to do so. |
| When is this role appropriate? | When an NIH representative to the nonprofit organization is needed, i.e. spokesperson, but full voting membership is not appropriate. | When the organization is a professional 501(c) nonprofit, participation advances NIH programmatic or policy goals and voting participation is essential to achieve joint aims. | When participation is outside the scope of NIH job duties, or the position requires the employee to fully participate in business decisions of the organization. |
| May the employee’s NIH title be used? | Yes | Yes | May be permissible in certain situations. Consult your ethics office. |
| May NIH time and resources be used? | Yes | Yes | No. The HHS "minimal use" policy does not apply to personal, outside activities. |
| May compensation be accepted by the employee? | No compensation may be accepted. | No compensation may be accepted. | Yes, with prior approval of an outside activity request (HHS 520). Note: Receipt of compensation from a private foundation may be problematic. |
| May travel expenses be accepted? | NIH may either pay for the travel expenses or accept travel expenses pursuant to HHS travel policy. | NIH may either pay for the travel expenses or accept travel expenses pursuant to HHS travel policy. | Travel expenses may be accepted by the employee; not the agency. If the organization is a private foundation, additional restrictions apply. |
| Recusal | If approved to engage in an official duty activity, the employee may not participate in a particular matter involving the nonprofit that will affect his own and others’ imputed financial interests. Recusal is required. | If approved to engage in an official duty activity, the employee may not participate in a particular matter involving the nonprofit that will affect his own and others’ imputed financial interests. Recusal is required. | If approved to engage in a personal outside activity, the employee must recuse from NIH official matters involving the outside organization. |
| What approval is required? | Supervisor | Official Duty Activity Memo approved by Supervisor and Deputy Ethics Counselor (DEC) | Request for Approval of Outside Activity (HHS 520) approved by Supervisor, DEC, and NIH Ethics Advisory Committee (NEAC), when applicable. |
| Links to resources and forms | Official Duty Information Hatch Act Information Anti-Lobbbying Act Information |
Official Duty Information Hatch Act Information Anti-Lobbbying Act Information |
Outside Activity Information Outside Activity Information |
For additional information, contact your IC's Deputy(
,1 page) or Ethics Coordinator(,4 pages).
Updated: 10/3/14