DEC/EC Meeting Notes -- Monday, January 10, 2011
11:00 – 11:30am*Bldg. 31C, conference room 6

 *NOTE:  This meeting will be only 30 minutes.  DEC/EC Meeting attendees are invited to the first seminar of the 2011 DDM Special Topic Series, featuring David Cade.  Mr. Cade will be providing background on the role of OGC in HHS and discussing some areas of interest.   The DDM seminar will be held in Bldg 31C, conference room 10 from 11:30am-1:00pm.


  1. New NEO Specialist Assignments
  2. New NEO Staff

Items for Discussion/Presentations:

278 Pre-clearance process when Acting employee is a current 450 filer

1. Prior to the date the employee is appointed to the acting position, use the most current 450 report to pre-clear the acting employee.  To do so, request that the employee either: 

1) confirm no changes in assets, income, liabilities, gifts and outside positions reported on previously filed 450; or

2) supply updated information. 

 Once the employee is in the 278 position, take the following steps:

 Also, get termination report from incumbent vacating the position within 30 day of his/her termination date. 

 2.    Update filing status in EMIS:  

Reminder:  keep the filing status of an employee current in NEES and EMIS.  Soon after a new entrant report is filed, change the employee’s status to incumbent so that he or she will be timely notified to file an annual report.

 3.    205 issues with certain outside activities        

18 USC Section 205 prohibits federal employees from representing another back to the Government.  This prohibition may become an issue when an employee is engaged in an outside activity.  For example, an NIH employee may run afoul of this prohibition if, acting on behalf of an outside organization, he or she asks another government employee to undertake an official duty action for the organization, i.e., to speak in his or her official capacity to the organization. 

To avoid such a violation, a non-federal representative of the organization should approach the NIHer to give the official duty speech.  The NIH employee who is engaged in the outside activity (perhaps as program chair for the organization’s annual meeting) may suggest names of NIH officials to his colleagues at the organization, but he or she should not approach the NIH official with respect to the official duty speech. 

An NIH employee may approach another employee on his or her own time to join him or her in the outside activity, perhaps as a co-editor of a journal, to run for office of a professional society, or to write a chapter for a textbook.  This is permissible because there is no representation to the Government because the requested activity (editing, office holding, or writing) will be conducted as an outside activity by the solicited employee.  Occasionally, what is first conceived as an outside activity, ultimately is performed as an official duty activity.  Out of an abundance of caution, it is recommended, therefore, that all contact to an NIH employee be made through a non-federal representative until it is settled (i.e., the 520 is approved) that the solicited employee will engage in the activity in his or her personal capacity.


1.   Annual 2802 filing due to Kim Cuozzo

2.   Program reviews, either whole or specific actions, available.  Contact Genia Bohrer

2.   Annual Ethics Questionnaires are due to Kim Cuozzo, with a cc to Genia Bohrer, not later than January 10.

3.   NEES Update:

4.   EMIS Update

 5.  CY ’09 278s should have been certified by 12/17.  If you did not meet that deadline, you should be in contact with Genia.  Additionally, all certified 278s and corresponding 520s should have been sent to Elton – if they have not been, please send them by the end this week.

Posted February 8, 2011