An Outside Activity is just what the name implies . . . "Outside." It is outside of, or not related to, your current official work. It is done outside of your NIH work area, using your own or the outside entity's resources, not Government resources. Outside Activities are governed by the Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR 2635), by the HHS Supplemental Standards of Ethical Conduct (5 CFR 5501, 5502), and NIH policies and procedures.
The decision whether a request from an outside entity should be carried out in a personal capacity or as part of your official duties depends on:
- the reason you received the request,
- whether you have any current official duties which affect the outside entity, and
- whether the topic involves an announced policy or program of the NIH.
Invitations based on any of these criteria would likely be done as part of your official duties. See the Official Duty Activities summary.
Outside Activities involving professional work require advance approval from your Deputy Ethics Counselor or designee. Professional generally means that some level of advanced education or training is necessary to engage in the activity, such as licensure or certification (e.g., physician, nurse, ancillary health care, legal practice) or advanced education (e.g., teach college course; peer review manuscripts; consulting in your area of expertise). Activities may be a one-time event (or short duration) or be expected to continue for multiple years. Regardless of the expected length, approval is granted for only one year at a time, and renewal is required prior to the end of the currently approved time frame. In addition, all Outside Activities must be reported annually. Some activities, though professional, do not require advance approval because they are not related to the medical and scientific research of the NIH.
Specific Information About Outside Activities
- NIH Ethics Manual, Chapter 2400-07 Outside Activities (Outside Work) (sets
NIH policy regarding Outside Activities, being revised).
- Criteria for Determining Outside Activity vs. Official Duty Activity
(see above).
- "3-3-9 Framework" Summary of Prohibited Activities and
Exceptions under 5 CFR 5501.109(c)
(pdf, 1 page).
- Exceptions: Activities Which Do Not Require Advance Approval via the HHS-520:
- Letters to the Editor (DAEO Instruction 98-1) (HHS access; OGC web site, pdf, 5 pages).
- Homeowners Association Officer/Board Member (DAEO Instruction 98-2) (HHS access; OGC web site, pdf, 4 pages).
- Clinical Fellows Engaging in Outside Professional Practice ("Moonlighting").
- NEAC Meeting Dates
- List of
foreign entities, government and private
- Prohibited Compensation from Private Foundations
- Consulting with Law Firms
- "Cooling
Off" Periods
- Legal
Practice, Non-OGC Attorneys
- Use of
Government Title in Activities with Outside Organizations
- Using a Disclaimer: Information regarding which situations outside of your official duties permit you to use your official title with a disclaimer.
- Expert Witness Outline, OGE DAEOgram DO-07-019 explaining the ethical restrictions on expert witness) (OGE web site).
- HHS Supplemental Standards of Ethical Conduct (5 CFR 5501.106,
109), Sections 106 and 109 only, governing Outside Activities
(pdf, 9 pages, easy to read version).
- HHS Supplemental Financial Disclosure Requirements (5 CFR
5502), Sections 102, 103, and 104, governing the HHS-521 Annual Report
(pdf, 1 page, easy to read version)
- Standards of Ethical Conduct for Employees of the Executive Branch, 5 CFR 2635, See Subpart H
(OGE Web site, "Easy to Read" format, pdf, 85 pages)
- US Constitution, Emoluments Clause (Article I, Section 9, Clause 8) which prohibits certain activities with foreign
governments.
- Office of Legal Counsel, Department of Justice: University of Victoria decision which sets the standard for evaluating foreign educational institutions to determine whether they can be considered foreign government or private, for purposes of engaing in an outside activity. (Department of Justice web site).
- Clearance Requirements for Non-Immigrant Visa Holders (pdf, 4 pages).
- NIH/FAES Memorandum of Understanding Regarding Interactions (2/26/10): The MOU defines the Foundation for Advanced Education in the Sciences (FAES) as an independent legal entity. Requests for teaching or other activities with FAES will be reviewed on a case-by-case basis the same as any Outside Activity request for working with comparable institutions. (pdf, 6 pages)
Forms and Instructions
Original Request: HHS-520 Request for Approval of Outside Activity (1/06)- Detailed instructions for employee submitting the HHS-520 request form (pdf, 10 pages).
- Detailed instructions for reviewers (supervisors through Ethics Office staff) (pdf, 8 pages).
- Form HHS-520, Request for Approval of Outside Activity (1/06). Fillable pdf format (16 pages).
- Form NIH-2657, Supplement to Form HHS-520 (4/07), for activities involving clinical practice (physician, nurse, or other health care provider), legal practice or testimony, or consulting with an outside entity. Fillable pdf format (2 pages) .
- Detailed instructions for employees and reviewers (supervisor through Ethics Office staff) (pdf, 6 pages).
- Form HHS-521 Annual Report of Outside Activities (1/06), Fillable pdf format (pdf, 10 pages).
Updated: 10/18/11