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NIH Pre-Employment Ethics Clearance
Frequently Asked Questions
Individuals selected for positions subject to filing a Public Financial Disclosure Report (OGE 278) at the NIH must receive ethics pre-clearance before an official job offer can be extended.
Q1: Why does the NIH conduct a pre-clearance review?
To help identify and resolve conflicts of interest between your official duties and your personal and imputed interests prior to assuming your position. Otherwise, you may inadvertently run afoul of a federal statute that prohibits government employees from participating personally and substantially in a government matter that directly and predictably affects his or her personal or imputed financial interests.
Q2: What interests are imputed to me?
For purposes of the government-wide conflict of interest statute, the financial interests of your spouse, minor child, general partner, organization in which you are serving as an officer, director, trustee, general partner or employee, or any person or organization with whom you are negotiating or have any arrangement concerning prospective employment, are imputed to you. Thus, the interests of these persons and organizations are viewed as your own.
Q3: What will I be asked to do as part of the pre-clearance review?
Prior to an official job offer being extended, you will be asked to complete a draft Public Financial Disclosure Report (OGE 278) to disclose your financial interests and relationships.
Q4: What relationships will I have to disclose?
You will need to disclose those relationships where you serve as an officer, director, trustee, general partner, proprietor, representative, employee, or consultant of any corporation, firm, partnership, or other business enterprise or any non-profit organization or educational institution, as well as any current or prospective employment.
Q5: Which financial interests must I disclose?
A full list of reportable items is available in the OGE 278 instructions
Among other things, you must disclose assets, such as stocks, stock options, bonds, and mutual funds that belong to you, your spouse and/or dependent child(ren). Assets are commonly found in the following accounts and investment vehicles:
- Retirement accounts (e.g., IRAs, 401(k), 403(b) and pension plans)
- Self-directed or managed brokerage accounts
- 529 college savings plans
- Trusts where filer, spouse and/or dependent child(ren) are beneficiaries
- Variable accounts (e.g., annuities and life insurance)
- Contracts (e.g., fixed annuities, whole or universal life insurance plans, and pre-paid tuition plans)
- Real estate held for investment Partnerships
For yourself, also report the source and actual amount of earned income exceeding $200 (other than from the U.S. Government). For your spouse, report the source but not the amount of earned income of more than $1,000 (except report the actual amount of any honoraria over $200 of your spouse). Most common forms of earned income are:
Q6: The form you provided says “Public Financial Disclosure Report,” so does this mean that the report is publicly available?
If you are offered and accept the position, yes. We recommend you carefully review the report prior to filing to ensure all sensitive information (e.g., account numbers, home addresses, or family members' names) is not included. We also carefully review the report for this information.
Q7: Is there other guidance that I can seek to assist me in preparing the Public Financial Disclosure Report (OGE 278)?
Q8: What if a conflict is identified upon review of my financial interests?
A conflict of interest can be resolved in a few ways:
- Divest or otherwise dispose of the conflicting asset (e.g., stock) or sever the conflicting relationship
- Disqualify (recuse) yourself from the government matter (e.g., the contract, research project, or grant)
- Seek a waiver of the conflict
Q9: Will there be a written document outlining the options I have and the actions I must take to maintain compliance with the ethics laws and regulations?
Yes, a written ethics agreement will be created that will identify real and apparent conflicts and the necessary steps that you will take to resolve the identified conflicts. The agreement will outline other applicable provisions and give guidance regarding potential future situations.
Q10: What is the STOCK Act and how does it affect me?
The Stop Trading on Congressional Knowledge (STOCK) Act signed into law in April 2012 has a number of provisions that apply to Executive Branch employees. If you become an Executive Branch employee who is required to file an OGE 278, you are required to notify the NIH if: 1) you enter into post-government employment negotiations or an agreement for future employment or compensation; and/or 2) you, your spouse, or your dependent child(ren) make certain transactions through the filing of a Periodic Transaction Report (OGE 278-T) .
Additional information on the STOCK Act is available on the STOCK Act page of the NIH Ethics website.
Q11: Under the STOCK Act, which transactions must I disclose via the Periodic Transaction Report (OGE 278-T)?
Within 30 days of when you receive notification of a transaction, but not later than 45 days after the transaction, you must report any purchase, sale, or exchange by you, your spouse, or dependent child(ren) of stocks, bonds, commodity futures, and other securities if the amount of the transaction exceeded $1,000. You do not need to report: (1) mutual funds and other excepted investment funds; (2) certificates of deposit, savings or checking accounts, and money market accounts; (3) U.S. Treasury bills, notes, and bonds; (4) Thrift Savings Plan accounts; (5) real property; and (6) transactions that are solely by and between you, your spouse, or dependent child(ren).
Q12: If I am offered and accept the position, will I be required to submit any other documents or forms to the Ethics Office?
Yes. Within 30 days of appointment to the position, we will ask you to update the draft OGE 278 (e.g., add acquired holdings and sources of income, remove assets which have been sold, and verify the current values of your holdings and file a final report. Filing of an annual OGE 278 is required each year you are in the position.
You will also be required to file a Confidential Report of Financial Interests in Substantially Affected Organizations (HHS 717-1) within 30 days of your appointment date, even if you have no interests in substantially affected organizations (SAO) when you file the report. Thereafter, if you, your spouse, and/or minor child(ren) acquire a financial interest in an SAO, you will need to complete a new HHS 717-1 within 30 days of acquiring the SAO interest.
If you wish to engage in an outside activity, you most likely will need to seek prior approval through the submission of a Request for Approval of Outside Activity (HHS 520) . Continued participation of an outside activity will be discussed in your ethics agreement and your ethics official will help you with the necessary paperwork.
Q13: What happens if I make a mistake on the ethics paperwork such as the financial disclosure form?
You are required to provide the information requested. However, if you later identify an inadvertent
omission or misstatement, notify your ethics official and we can work with you to make the appropriate corrections.
Q14: I am currently the PI on one or more scientific projects. Will I be able to continue this work once I am employed at NIH?
You may be authorized to continue work on the projects; however, your current employer will need to assign
a new investigator to take over the projects. These projects should be discussed during the pre-clearance process with both your prospective supervisor and your Institute or Center’s Ethics Office, and the agreed upon arrangements will be noted in your ethics agreement.
Q15: I am the editor of the scientific journal and would like to continue this work. Will I be able to do this?
Most likely, yes. This activity, as well as other professional endeavors, such as active participation in
scientific societies, may be permitted as an official duty activity if your supervisor feels that it is an appropriate use of NIH time and resources. You may also be able to pursue this activity in your personal capacity as an outside activity. If this activity is pursued as an outside activity, then a Request for Approval of Outside Activity (HHS 520) is required, and your ethics official will help you with the necessary paperwork. You should raise these types of activities during the pre-clearance process. The final arrangements will be noted in your ethics agreement.
Q16: I am committed to give one or more presentations that are scheduled for dates after I start at the NIH. Will I be able to deliver these presentations?
The NIH may authorize you to honor these types of prior engagements and they may be pursued as either
part of your official duties or as an outside activity. You should discuss these commitments during the pre-
clearance process. The final arrangements will be noted in your ethics agreement.
Q17: I currently hold a patent for technology developed at my current employer. Is this something I should raise during the pre-clearance process?
Yes. Such ownership interests [rights] may create a conflict and should be reviewed during the pre-
Q18: What if the divestiture of a conflicting asset such as stock results in significant capital gains and, in turn, subjects me to a tax liability?
Such divestiture may make you eligible for a certificate of divestiture (CD). PLEASE NOTE: you will NOT be eligible to receive a CD if you sell your stock PRIOR to submitting the necessary paperwork to request it, and you may not submit the paperwork until you are a federal employee. Raise the issue during the pre- clearance process, but do not sell any assets at that time if you ultimately want a CD.
Q19: What is a certificate of divesture?
A certificate of divestiture (CD) is a mechanism which allows an employee who must divest certain financial
interests to reduce a potential tax burden. The CD is used when you would realize a capital gain from the sale of a holding and it permits you to defer the tax on the capital gain because you had to sell the holding due to your government position.
Q20: How do I initiate a CD?
Once you have been directed to divest, you will work with your Institute or Center’s Ethics Office to initiate
the paperwork to request a CD.
Q21: Is there additional information on CDs?
Yes, the Office of Government Ethics has issued a pamphlet about the CD program. Additionally, the HHS
Office of General Counsel has issued FAQs on the process. This information can be found on the NIH Ethics website .