Outside Activities

Question 1

18 USC 203

Bar on Receipt of Compensation for Representational Services

Answer 1

An employee may not receive compensation for the representation of anyone before any agency or court of the US (and certain other entities) on a matter in which the United States is a party or has a direct and substantial interest. This prohibition applies whether the employee renders the representation himself or shares in compensation from someone else’s representation.

https://www.ecfr.gov/cgi-bin/text-idx?SID=93a61d0e00be0b67806ca521d73c1fbc&mc=true&tpl=/ecfrbrowse/Title05/5cfr2634_main_02.tpl

Question 2

5 CFR 5501.106(c)

Outside employment and other outside activities - what activities are not allowed?

Answer 2

• (1) - Assistance in the preparation of grant applications or contract proposals intended for submission to HHS.
• (2) - Employment in HHS-funded activities.

https://ecfr.federalregister.gov/current/title-5/chapter-XLV/part-5501/section-5501.106#p-5501.106(c)

Question 3

5 CFR 5501.109(c)(1)

Prohibited outside activities applicable to NIH employees - what activities are not allowed?

Answer 3

• (i) - Employment regardless of compensation
• (ii) - Compensated teaching, speaking, writing, or editing
• (iii) - Employment or self-employed activities involving the sale or promotion of products or services

https://ecfr.federalregister.gov/current/title-5/chapter-XLV/part-5501/section-5501.109#p-5501.109(c)(1)

Question 4

5 CFR 5501.109(b)

Prohibited outside activities applicable to NIH employees - with what kinds of organizations?

Answer 4

• (8) - Health Care Providers and Insurers
• (10) - Substantially Affected Organizations
• (11) - Supported Research Institutions

https://ecfr.federalregister.gov/current/title-5/chapter-XLV/part-5501/section-5501.109#p-5501.109(b)

Question 5

5 CFR 5501.109(c)(3)

Prohibited outside activities applicable to NIH employees - what activities are allowed under an exception to the prohibition?

Answer 5

• (i) - Teaching a course requiring multiple presentations, when that course is part of the regular curriculum of an educational institution (elementary, secondary, higher education) or giving a single lecture within an established higher education course
• (ii) - Clinical, medical, or health-related professional practice involving the provision of care to individuals
• (iv) - Teaching, speaking, writing or editing unrelated to official duties (under 2635.807) if the activity is part of a continuing professional education program conducted by an educational activity provider
• (v) - Writing or editing unrelated to official duties (under 2635.807) if the resulting product is subject to scientific peer review or a substantially equivalent editorial process
• (vi) - Service on a DSMB for a study conducted by a supported research institution or health care provider or insurer
• (vii) - Grand Round lectures for accredited educational institutions
• (viii) - Employment involving manual or unskilled labor, hobbies, artistic endeavors, or interests unrelated to the health and scientific research of the NIH, including clerical work, retail sales, building trades

https://ecfr.federalregister.gov/current/title-5/chapter-XLV/part-5501/section-5501.109#p-5501.109(c)(3)

Question 6

5 CFR 5501.109(c)(2)

Prohibited outside activities applicable to NIH employees - what activities are allowed without obtaining prior approval?

Answer 6

Employment and other activities with political, religious, social, fraternal, or recreational organizations.

https://ecfr.federalregister.gov/current/title-5/chapter-XLV/part-5501/section-5501.109#p-5501.109(c)(2)