SMG 9100.1 APPENDIX 3 – Capacity of Representation - Official Versus Personal

(The following is extracted from the Memorandum titled “Updated Requirements for International Travel – IMPORTANT” from the Acting Deputy Commissioner, International and Special Programs, dated 17 December 2004

It is HHS policy that when HHS/FDA employees - whether civil service or Commissioned Corps - represent HHS/FDA in any international activity, they are doing so in their official capacity as a U.S. government representative and not in their personal capacity, even if the invitation for such participation implied or specified that participation was in a “personal” capacity.  As such, HHS/FDA employees are expected to represent the positions of the Department of Health and Human Services and the U.S. government (if there are specific HHS or USG positions), and not just the position of their respective organizational unit.  HHS/FDA employees are expected to take steps to ensure that they are knowledgeable about positions of other HHS Operating Divisions, and any cleared, HHS or inter-agency U.S. government positions on the subject matter.  OIP will assist travelers in this regard by working with OGHA to obtain information about other HHS/USG involvement in the specific issue.  However, it is the traveler’s responsibility to be appropriately prepared.

Only in very rare circumstances will the Commissioner and HHS consider approving a HHS/FDA employee participating in such activities in his/her personal capacity.  If an FDA employee wishes to apply to provide her/his services internationally as an expert/consultant in a personal capacity (i.e., not as part of her/his official duties), the employee must realize that the Standards of Ethical Conduct for Employees of the Executive Branch still apply.  As such, the employee must have on file an approved HHS-Form 520 (Request for Approval of an Outside Activity).  Additionally, if it is determined that the subject matter of the consultation is too closely related to the employee’s current HHS work, the activity will not be considered appropriate as an outside activity because of recusal obligations that could arise.

All HHS-Form 520’s that include a request to perform international work/consultation/etc. in a personal capacity must be approved by the employee’s Center/OC-Office director, as well as by the Commissioner, and by OGHA.  After signature by the appropriate Center Director/OC-Office Director, any such Form-520’s must be submitted to OIP for further submission to the Commissioner and OGHA.