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The Emoluments Clause of the United States Constitution applies to all U.S. Government employees, including most SGEs (i.e., all the NIH Institute/Center Advisory Councils, and some Program Advisory Committees). The Emoluments Clause always applies during a covered appointment as an SGE and not just the periods of time during actual duty on behalf of NIH. If you are subject to the Emoluments Clause, then during your advisory committee appointment, you cannot be an employee of a foreign government entity. In addition, you are prohibited from receiving any present, emolument, office, or title of any kind from a foreign state. For purposes of this restriction, foreign states include a foreign government or a political subdivision of a foreign government, including certain public universities or commercial enterprises owned or operated by a foreign government. An emolument includes salary, honoraria, transportation, per diem allowances, household goods shipment costs, and housing allowances.
All SGEs are covered by the separate Foreign Gifts and Decorations Act (FGDA). Under this statute, SGEs are prohibited from accepting gratuitous gifts and decorations from foreign governments, although there are some exceptions. For instance, gift items of nominal value and travel expenses for travel occurring entirely outside of the United States may be authorized by the Foreign Gifts and Decorations Act. Under this statute, foreign governments do not include international organizations of which the U.S. is a member.
To help you determine if there are any Emoluments Clause or FGDA issues to resolve prior to or during your appointment, the HHS Office of General Counsel, Ethics Division, has issued a mandatory form, HHS-697, Foreign Activities Questionnaire, which must be completed by all SGE advisory committee members. You are required to complete this questionnaire prior to your appointment and yearly during your advisory committee service. A link to the questionnaire can be foundhere.
If you need further information about the Emoluments Clause (i.e., whether membership on the committee you will serve falls under the Clause), or if you have a conflict, please contact the committee’s Executive Secretary or the Institute/Center Committee Management Officer.
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