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)
- Prior Approval: Activities Which Do or Do Not Need Prior Approval (being revised)
- Clinical Fellows Engaging in Outside Professional Practice ("Moonlighting")
- NEAC Meeting Dates and Submission Deadlines
- HHS Supplemental Standards of Ethical Conduct (5 CFR 5501.106,
109), governs Outside Activities
- HHS Supplemental Financial Disclosure Requirements (5 CFR
5502), governs the HHS-521 Annual Report
- Standards of Ethical Conduct for Employees of the Executive Branch, 5 CFR 2635, See Subpart H
(OGE Web site)
- US Constitution, Emoluments Clause, which prohibits certain activities with foreign
governments
- List of
foreign entities, government and private
- Prohibited Compensation from Private Foundations
- Consulting with Law Firms
- "Cooling
Off" Periods
- Legal
Practice, Non-OGC Attorneys
- Teaching on Topics Related to Official Duties
(being revised)
- Use of
Government Title in Activities with Outside Organizations
- Expert Witness Outline (OGE explanation of ethical restrictions on expert witness)
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.
- Detailed instructions for reviewers (supervisors through Ethics Office staff).
- Form HHS-520, Request for Approval of Outside Activity (1/06). Fillable pdf format.
- 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.
- Detailed instructions for employees and reviewers (supervisor through Ethics Office staff)
- Form HHS-521 Annual Report of Outside Activities (1/06), Fillable pdf format
*NOTE: You must have the free Acrobat Reader software on your computer to review and print these forms or documents in pdf format. If you do not have the Reader software, you may download it below. Note that after you download the file, you must also install it. Please carefully read the instructions on the download screen and complete both steps.