The mission of the NIEHS Ethics Office is to help ensure that NIEHS researchers, trainees, and staff understand their ethical responsibilities; comply with ethics rules, regulations, and policies; seek appropriate advice concerning ethical dilemmas and issues; and know how and where to report ethics violations.
The Ethics Office, located in Keystone, Suite 1079A, performs a variety of services and functions for the NIEHS community, including:
- Managing the filing and approval process for outside activities, scientific protocols, sponsored travel, awards, honorary degrees, and widely attended gatherings;
- Administering the filing and approval process for certifying public and confidential disclosure of financial interest statements;
- Providing guidance on conflict of interest issues for employees and the advisory committees that serve NIEHS and the National Toxicology Program (“NTP”);
- Responding to inquiries pertaining to conflict of interests, acceptable gifts, and post-employment restrictions;
- Conducting research and analysis on ethics issues related to environmental health research and policy;
- Serving as a liaison to the NIH Ethics Office and the HHS Office of General Counsel.
NIEHS Shutdown 101: Ethics and Hatch Act Frequently Asked Questions (FAQ)
In the event of a government shutdown, all NIEHS employees — furloughed or not — are still governed by all of the ethics rules, including the Standards of Ethical Conduct, the Hatch Act, and the conflict of interest statutes. The Office of Government Ethics has issued helpful guidance for employees during a lapse in appropriations. Common concerns are briefly addressed in the FAQs below.
NIEHS employees with specific questions about their ethical obligations during furlough periods should contact [email protected].
Outside Activities
May I seek alternative employment while I am in non-pay status?
Generally, yes. While career employees may generally take on outside employment during a funding lapse, all ethics rules and HHS/NIH’s Supplemental Standards of Conduct still apply. Considerations include:
- You may not accept outside employment that would conflict with your official duties.
- You must receive prior written approval from your supervisor if you are seeking outside employment with substantially affected organizations, supported research institutions, health care providers or insurers, and prohibited sources.
- You cannot receive compensation for teaching, speaking, or writing that relates to your official duties.
- You cannot represent another person before any federal agency, department, or court except for yourself, spouse, parents, and children.
- You cannot use your public office (for example, your official title or NIEHS position) for private gain or to imply the government sanctions or endorses your personal activities or those of another.
Gifts
Can I, or someone on my behalf, solicit gifts to raise funds because I’m furloughed?
Generally, no. You (or someone acting on your behalf, such as a spouse) may not solicit gifts based on your federal employment. Therefore, your NIEHS title or your status as a federal employee should not be used in any such solicitation. You could accept donations from your friends or relatives when donations accepted are based on that friendship or family relationship. Given the number of potential ethical pitfalls, you are strongly encouraged to consult the NIEHS Ethics Office before any such campaign begins.
May I accept gifts, discounts, or other benefits offered to all federal workers or the general public?
Yes. The ethics rules still apply. You may accept free meals, discounts, and other support to federal workers if the offer is extended to all federal employees, even when restricted by geography. For example, you may accept a free meal made available to anyone in the RTP area who shows a federal employee ID card. Additionally, you may ask for and accept assistance from organizations that provide aid to members of the general public, such as food banks or religious institutions.
May I accept financial assistance offered by a friend and/or family member?
Generally, yes. You may accept gifts based on personal relationships if the circumstances make clear that the relationship is the motivating factor, rather than your official position. Relevant factors to consider include the history and nature of the relationship and whether your family member or friend is personally offering their assistance. For example, you may likely accept a $1,000 cash loan offered by a family member or close friend. However, you would generally need to decline a similar offer from a friend who works as a NIEHS contractor, when your official duties affect that contractor
Political Activity (Hatch Act)
Does the Hatch Act apply to me when I am in furlough status?
Yes. Like the ethics rules, the Hatch Act continues to apply to Federal employees during a furlough period. Adherence to the Hatch Act is especially important for NIEHS employees given our obligation to produce non-partisan work and that NIEHS employees are held to a higher standard. In general, you have 1st Amendment rights to express your opinions and attend rallies. However, there are some limitations on “partisan political activity.” These are activities directed at the success or failure of a political party, candidate in a partisan race, or partisan political group. Since a furloughed employee is not “on duty” and should not be in the workplace, the main prohibitions are the “24/7 prohibitions” discussed in Office of Special Counsel (OSC) guidance. Fundraising for partisan political candidates, parties, and groups is one of those 24/7 prohibitions. Even when off duty and not in the workplace, you may not wear an agency uniform or official insignia identifying the office or your position when engaging in partisan political activity. Additional Hatch Act guidance is available on OSC.gov. When considering whether your activities are permitted, note that most NIEHS employees are generally “less restricted employees.” However, Career Senior Executive Service (SES) members, and Public Health Service Commissioned Corps officers, are “further restricted employees.”
May I identify myself as an employee of my agency on social media or to the news media?
It depends. You may not refer to your official position to “bolster” your opinion when engaging in partisan political activity. Partisan political activity does not extend to advocacy on legislation, so you may, in your discretion, disclose your employing agency in statements in support for an appropriations act. You are also not prohibited from disclosing the identity of your employer when discussing how a shutdown affects you personally, provided that your statements do not constitute partisan political activity. You may not, however, refer to your official position when engaged in partisan political activity, such as calling for the success or failure of a political party, group, or candidate.
May I call or write to my Congressional representatives and disclose my agency’s name when expressing views on a shutdown?
Yes. It would be inappropriate for the agency to interfere with employees’ communications with their Congressional representatives.
Contact
Moses W. Robinson II
[email protected]