CDC requests/permissions, Douglas R. Browne serving on Save-A-Life Foundation advisory board, 04-07

8/9/2019 CDC requests/permissions, Douglas R. Browne serving on Save-A-Life Foundation advisory board, 04-07

1/22

Apr-ZIMDOB D2i1SaBi Fronj- T-8BD P D02/ODS F-0Z7

BEQUEST FOR APPROVAL OF OUTSIDE ACTIVITY"

{Ref HHS Siapaart? ofConduct Regulauons)

J fw M5 B.8ST, Firs. iatus9

Browne, Douglas R.3 TlTtE OF POSITION

Deputy Branch Chief-5 NAME. ADDRESS AfiO PvS lNE SS OF PERSON Oft ORGANIZATION FOR WnOr t S M3CATION WrlERE SERVICES vUju. BE PERFORMEP

(b)(6)

KWIBI Rever t

ReviSea RBIUCK

Runtswal

2 ORGANIZATION UOCATION lOpewngOtwmn. Burwo.. Otvispiy

NCIP/0VROA/RZB GRADE w D SALARV tFva$iW)

GS14 $32,838

(b)(6)

7 rfATuftfi OF ACTIVITY fwoiesm IX^P tfatwifc c c. wa n a ww wi aw e eAas , nB>a'c


2/22

Aer-ZO-ZBOS 113:1 Brat From- T-B8D P.0 04/ CB5 F-OET

Computer Statement

The following "computer statement" should be attached to or writtfin and signed on theReverse of the H#S-52G, Bequest gj r Apptoval of Outside Activity.

"1 wi|} use OavenraeW-fuianced tita^. supplier jgcUitjies, or equipment assigtted orJoaned to n for cotDptetioaaf aiy official dunes only as permitted by The InfonuarionResources Management Manual Guide, CDC-8, June89, and Empbyee Use of CDCInformation Teclwmlogy Resour ce


3/22

T-BBO P 005/flllfi F-OZT

EXCERPTS FROM THE STANDAjSDS OF ETHICAL CONDUCT FORBMPLOYEESOFT8E EXECPmm BRANCH AND THE DEPARTMENT O"HEALTH AND HUMAN SERVICES SUPPLEMENTAL AGENCY ETHICSREGULATIONS:

TTrifi 5 CQDE OF FS3ERALRS3UUT1QM3

5 JteHWffif CouHfctfnB cu t**9 wwtatfiwetsifltf

t^rBqt#in, B may

*obpsrtBt>f|KS*l!*. ' - , ' ' *

iwr^wdûi f? /wyoa: eatubsn to torn*

asfcjrfta ta# pwfajoro* ofWi tfflfc?iJ ens** on &*;>

wkfvf&tfoijtbn,

Eautmlj% Ai wRpfcywr trf *r Otep*Jfamif W(iBrBd'

fiUtnRxntai/Hlxniwfifl tvncQSH#.&!afyst*vt*nu

. oqmeffi) (et M n*oW?SW,s

friUAow i ^ w t M ^ HmrttirwW trootstint( trowappw/aifeatfwtoftirfniBffiitiaJB* faftfloM^topsIn wteafltwuftrttiron

AjpwJiaORBiwtl wUfcsltfc decnnifw! maOsrtJias snâ^mBtVf W0lll'BtlWJB sctvi fcje*(a;

Hn5ThH5Btoa erapprovaj for so oimshtly iJow najr?HBV tatswnphtyoi) j(ftwailtw rtijifr ty *}J app!Ic*W fewv H= TWiBBtopJoyeonsat* nor IJPWapptwtfeettmutnv a wuieaonVIBfcflMt Apprwjsj IBTOKB* SJJ JfcutKjnoi* th B?ftt){ili3}vtVfUt dwtrfitHl on thosoimtwil cn >nutBJIJMWBktty vfcfa w y Jmtat si awp s >BWa nil**. aijp loyiesartTBrolndooiJtrtaitfln i

Vosf"*" or ttWan*iwyf ca eaflUimplatal. (hat.OtrimjHlta*,pait otfilMif potirairTjs.

cargpmst Kthttlpvtfcthrpy. Stf/vhnbfi a pin

cajiigfaqa wmm4iu, {B&Blafc&tittyhreD In ton pnpv&wxBty&t hB&rfto Mf 9fbasr/ ia^nt t&nfoaa Brelx&ntaDtBtdnr. SniâropioiUint

ftf *i t n fiffcrifesftwaoOrfo * l w*n">

HHS P9rm"S2o RnswIaUon &cqtpfcs (Janunry i s sa j


4/22

Apr~Z0-Z0fl6 A311 Ban From- T-SBD p.DOI/DOS F-DE7

PuDi* Heaitn ServiceDEPARTMENT OF HCAtTH & HUMAN SERVICES Centers far Disease Control

__ n ana Prevention (CPC)

Memorandum

Date June 25,2004

Acting Deputy Ethics CounselorFrom Centers for Disease Control and Prevention, and

Agency for Toxic Substances and. Disease Registry

Sypjeci

Outside Activity

T Douglas Browne

Deputy Branch Chief; DVRD, NC3D

Through: Deputy Director, NCiD

Your request, to serve on the Advisory Board of the National Save a Life Foundation, has beenapproved. fSyou wish TO condaue this activity beyond the period eovcret), yaw muse MtfrmUa revised or renewed request. Otherwise, your activity will be considered inactive afterJune 30,2005.

You may perform this outside activity under the following conditions:

1. it must not pre^te a real or apparent conflict of interest,

2. You roust not participate in any action taken by the organization to endorse, encourage, oroppose the adoption of aformalpolicy or position of CDC, HHS, or the FederalGovernment.

3. Government-financed time, supplies, facilities, or equipment assigned or loaned to youfor completion of your official duties may be used for this outside activity only aspermitted by the Information Resources Management IVfanual Guide, CDC-8, June 99,"Employee Use of CDC Information Technology Resources."

4. You shall not use or permit the use of your Government position or title or any authorityassociated with your public office in a manner feat could reasonably be construed toimply that CDC or the Government sanctions or endorses your outside activity.

5. You must not represent the organization before any Federal agency where the FederalGovernment has a substantial interest in the matter.

6. You are prohibited from taking any action as a CDC employee that could be perceived asdirectly and predictably affecting the financial interests of this organization.


5/22

Apf-flHBflS 03si Bam Frmr T-B8D P 00Z/CB3 f - M

Page 2. Douglas Browne

7. You may not provide, for compensation, services on. behalf of this organization toprepare, or assist m the preparation of any grant applications, contract proposals, programreports, or other documents intended for submission to HfiS.

8. You must not participate in lobbying activities.

9. You may only participate in rundraising activities consistent with the Office ofGovernment Ethics (OGE) Standards of Conduct at 2635.808(b) and (c). You mayattend fundralsmg functions, and you may participate in discussions and planning offundraising activities this outside organization is considering. However, you may notpersonally solicit funds or other support from a subordinate or a prohibited source, withinthe meaning of the OGE Standards at 2635J203(d).

fo r moire specific information concerning tnis outside activity, refer to Subpart H - OutsideAciivxtias. of the Office of Government Ethics Standards of Ethical Conduct for Employees ofthe Executive Branch, and Section 5501.106 of the HfiS Supplemental Standards of EthicalConduct Please note that if this acrrviry is performed during normal working hours, you must beon approved leave.

If you have questions Qrntsed additional information, please call Fran Collier, Ethics ProgramActivity, Office of the Chief Operating Officer, (404) 498-2857.

Carrion Duncan

AttachmentHHS-520


6/22

m^m

REQUEST FOR APPROVAL OF OUTSIDE ACTIVITY*

(Ref HHS Standards of Conduct Regulations)

1 NAME (Last, First. Wat)

Browne, Douglas R.3 TITLE OF POSITION

Deputy Director6 NAME, ADDRESS AND BUSINESS OF PERSON OR ORGANIZATION FOR WHOM

OUTSIDE SERVICES WILL BE PERFORMED

(b)(6)

O InMat Request

[ T j Revised Requcsl

f / l Renewal

2 ORGANIZATION LOCATION (Operating DMnfort, Bureau. Division)

NCID/DBMD4 GRADE AND SA UR Y (Federal)

QS15 $112,2636 LOCATION WHERE SERVICES WILL BE PERFORMED

(b)(6)

7 NATURE OF ACTIVITY (fttdfcale typ ofaMy, e.g., ieachtog, consultative sendees, anil ghio fall descriptionof specm suites orsarvioes K> B penormm kpedly,whenpossible, tits schedulBt) daysof v/eekam) hours ot day proposed activity will fee peiformed.)

8 PERIOD COVERED

FROM 07/01/2005 TO 06/30/2I

b ESTIMATED TOTAL TIME DEVOTED TO ACTIVITY (Iton a continuing basis,estimated lime peryear)

(b)(6)

c WILL WORK BE PERFORMED ENTIRELY OUTSIDE USUAL WORKING HOURS?

(b)(6)

o m v m II? n m r . m i . DUTIES RELATE IN ANY WAY TO THE PROPOSED ACTIVITY?

(b)(6)

'10 IF PROVIDING CONSULTATIVE OR PROFESSIONAL SERVICES. ARE YOUR WOULD-BE ASSOCIATES RECEIVING OR WILL THEY SEEK. A GRANT ORCONTRACT FROM A FEDERAL A6ENCY7

r (b)(6)i f METHOD OR BASIS OF COMPENSATION

(b)(6)

12 WILL COMPENSATION BE DERIVED FROM A HHS GRANT OR

(b)(6)

13 THIS REQUEST IS MADE WITH FULL KNOWLEDGE OF DEPARTMENT ANlflOPERATING DIVISION POLICY AND PROCEDURES ON OUTSIDS ACTIVITIES' THE STATEMENTS I HAVE MADE ARE TRUE COMPLETE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF

I WILL USE GOVERNMENT-FINANCED TIME, SUPPUES, FACILITIES. OR EQUIPMENT ASSIGNED OR LOANED TO ME FOR COMPLETION OF MY OFFICIALDUTIES ONLY AS PERMITTED BYTHE INFORMATION RESOURCES MANAGEMENT MANUAL GUIDE. CDC-Q. JUNE 99. "EMPLOYEE USE OF CDCINFORMATION TECHNOLOEY RESOURCES"

15. DATE

CTtON RECOMMENDED BY REVIEW1NS OFFICIAL

16 ADDITIONAL INFORMATION ATTACHED

Q Y E S 0 N O (Describe) j j

C TITLE

Sharon RichardsonActing Director, NCiD/OAS

c. TITLE

Carlton DuncanActing Deputy Ethics Counselor

d DATE

sue reverse of formCDC 0 520 ( ). CDC Adobo Act obal 5.0 Electronic Version. B/2002


7/22

INSTRUCTIONS

It em 5 - Self-Employment If applicable, indicate self-employment, the type of service (as medical, legal, etc.), whether alone Dr with

partners, giving their names, and, if providing professional services to a large number of clients or patients, estimate the total number

rather than listing them separately.

*lfem 10 - Federal Grants or Contracts Involved: Describe the Federal grants or contracts (type, granting or contracting department,

etc) Full details must be provided on any aspect of professional and consultative services which involves, directly or Indirectly, the

preparation of grant applications, contract proposals, program reports, and other material which are designed to become the subject of

dealings between Institutions and government units and the Federal Government

*Item 16 - Attachments: Be sure to sign copies of all attachments submitted.

'ITEM 17 . CflMMFMTB HPREVIEWING OFFICIAL

ITEM 18 - REASON FOR DISAPPROVAL ' "U S BPO: 1Bwm4W1226

CDC 0 520 (E). CDC Adobe Acrobat 6 0 Electronic Vorelon. 8(2002


8/22

DEPARTMENT OF HEALTH & HUMAN SERVICESPublic Health ServiceCenters for Disease Control

and Prevention (CDC)

mt 21 25

Acting Deputy Ethics Counselor

Centers for Disease Control and Prevention, andAgency for Toxic Substances and Disease Registry

Outside Activity

Douglas BrowneDeputy Director, DBMD, NCTDThrough; Director, NCLD (E51)

Your request, to serve on the advisory board ofthe National Save a Life, has beenapproved. Pursuant to the latest version oftheHHS Supplemental Standards of

Ethical Conduct, which were effective February 3,2005, approval ofanoutsideactivity is effective for one year only. Employees must renew their request forapproval annually if they desire to continue any long term outside activity. Inaddition, employeesmust submit a revised request for approval ifthey changepositions within the agency or ifa significant change occurs in the nature of theoutside activity or in the scope of the employees' duties. Please note that theapproval of this outside activity will be considered inactive afterJune 30,2006.


1. It must not create a real or apparent conflict of interest.

2. You must not participate in any action taken by the organization to endorse,encourage, or oppose the adoption ofa formal policy or position ofCDC, HHS,or the Federal Government

3. Government-financed time, supplies, facilities, or equipment assigned or loanedto you for completion of your official duties may be used for this outside activityonly as permitted by the Information Resources Management Manual Guide,CDC-8, June 99, "Employee Use of CDC Information Technology Resources."

4. You shall not use or permit the use of your Government position or title or anyauthority associated with your public office in a manner that could reasonably beconstrued to imply that CDC or the Government sanctions or endorses your

outside activity.

5. You must not represent the organization before any Federal agency where theFederal Government has a substantial interest in the matter.

Gigforace

M.SURNAME

V

DATE

mOFFICE

r??357

SURNAME PATg " 1


9/22

Page 2. Douglas R. Browne

You are prohibited from taking any action as a CDC employee that could beperceived as directly and predictably affecting the financial interests ofthis

organization.*"

7 - You may not provide, for compensation, services on behalf of this organization toprepare, or assist in the preparation of any grant applications, contract proposals,program reports, or other documents intended for submission to HHS.


9. You may only participate in fund-raising activities consistent with the Office ofGovernment Ethics (OGE) Standards of Conduct at 2635.808(b) and (c). Youmay attend fund-raising functions, and you may participate in discussions andplanning of fund-raising activities this outside organization is considering.

However, you may not personally solicit funds or other support from asubordinate or a prohibited source, within the meaning of the OGE Standards at2635.203(d).

For more specific information concerning this outside activity, refer to Subpart H -Outside Activities, ofthe Office of Government Ethics Standards of Ethical Conduct forEmployees ofthe Executive Branch, and Section 5501.106 ofthe HHS SupplementalStandards of Ethical Conduct Please note that if this activity is performed during normalworking hours, you must be on approved leave.

Ifyou have questions or need additional information, please call Fran Collier, EthicsProgram Activity, Office of the Chief Operating Officer, OD, (404) 498-2857.

Cailton Duncan

AttachmentHHS-520Outside Activity Notice & Regulatory Excerpts


10/22

J* "

V t***


11/22

Nature of Official Duties

Describe the principal dulies and responsibilities ol your current position. You may attach a copy ol your position description In tieu ot providing thedescription unless you currently have significant duties or assignments that are not reflected In that document

Q Position Description Attached

Management Official at the National Center fox Zoonotic, Vector-bourne andEnteric diseases (NCZVED), responsible for the administrative management of theCenter, including personnel, budget, program and laboratory activities.

2, Relationship of Official Dultes to Outside Activit y

Describe any ottiolal duties Ihat relate in any way to the proposed activity II none, explain why.

Advice and assistance on matters of management are similar to those of: myofficial duties at CDC.

Effect of Official Duties on Outside Employer

In performing your official duties, explain how your actions or the matters upon which you may be cal led upon to work could allecl the Interests ot thepBrson for whom or the organization tor which ths proposed activity will be porformed. If the exercise ol your official duties would not have such aneffect, explain why.

They would have no effect as this is a not-for-profit entity with a dissimilarmission.

Assignments Involving Outside EmployerDescribe any olficia! dulv assignments or other Interactions you have had Ihat Involve the parson forwhom or the organizaiion for which the proposedactivity will be performed and Indicate when such assignments or Inlsraclions occurred. II none, explain

I have attended scheduled advisory meetings in the past.Foundation's staff and engaged in strategic planning.

I have met with the

5. CERTIFICATION

Tha undersigned employee certifies Ihat the notices in Part VIII havo bean read and understood and that the statements made and information provided onthis torm are true, complete, and correct to the best ot the Individual's knowledge

EMPLOYEE SIGNATURE ^ ^ DATE

HHB-520 (1/OS) (Previous Editions Obsolete) PAGE 6 OP 16


12/22

1. Summary of Applicable LawAn employee cannot undertake an outside acHvliy lhat conflicts with the employee's official duties. An activity conflicts with official duties; (a) if It isprohibited by statute or regulation; or flj) It, under the standards in 5 CFR 2635.408 and 8635.502, it would require the employee's reousal frommatters so centra) or critical lo the performance of his or her official duties that the employee's ability to perform the duties of his or her position wouldbe materially Impaired- Such a reousal would Hkely arise where the outside activity involves a person or entity that Is regulated by, does business with,

receives grants or other benefits from, or Is otherwise substantially Impacted by the programs, policies, and operations ol the employee's agency, andthe employee riormally would be Involved personalty and substantially In such matters on a frequent basis or as a principal duty. In addition, an activitymay be improper If the circumstances suggest lhat the employee received an outside business opportunity based on his or her official position or wouldcreate the appearance of using pubDc office tor the private gain of an outside entity. An employee also must endeavor to avoid any actions that createthe appearance of a violation of law or the ethical standards. Special rules apply to activities involving fundrafeing, expert witness testimony, teaching.spaaklng, writing, or adding, and aclrvilles with foreign entities Certain categories ot employees, euch as those in FDA, NIH, and OSC. are subject tocomponent specific rules on outside activities Refer to the Standards of Ethical Conduct, 5 CFR part 2635, subpart H, and thB HHS SupplementalEthics Regulation, 5 CFR part 5501,

2. Supervisor's StatementDescribe the extent lo which the employee's official dulles are related to the proposed outside activity.

The employee's official duties do not directly relate to this proposed

outside activity. Employee has been informed that no official support or

endorsement by CDC is intended by his involvement and that no CDC

equipment will be used in the performance of this activity.

RecommendationThe undersigned supervisor, identified In Part I, Hem 10, has reviewed the employee's responses, obtained additional Information where appropriate,and recommends the lollcwlng acUon:

n Recommend Approval

Ifthis box is checked, the supervisor understands thai ifthe outside activity Is approved, the employee may be disqualified from performing ofliclat

duties that involve or atfecl any outside entity with which the employee has an outside employment, consulting, or similar relationship. If theactivity constitutes employment or sarvice as an oflicer, direolor, or trustee, or In another fiduciary role, the recusal obligation mayextend not onlyto government matters that specifically Involve or aflect the outside entity, but to those matters thatalfect generally the Industry or economicsector Inwhich the outside entity operates The supervisor concludes that any work assignments Involving specific or general matters from whichthe employee will be recused can be reassigned to another Individual and are not so central or critical to the performance of the employee'sofficial duties that the employee's ablflty to perform the duties of his or her position would be materially Impaired.

Q Recommend Disapproval

If this box Is checked, explain the reason(s) In Ihe additional space provided on the last page of (his form.

SUPERVISOR SIGNATURE

^CQCCJAA>>^_.

DATE

68


13/22

MANAGEMErMCD

1. Name of Reviewer

Frederick Pestorius

2, Title of Reviewer

Management Of f ic i a l , ftCKDCID

3. Reviewer Contact Information

TELEPHONE

( 404 )63 9-3 788

FAX

( )CELL

( )

EMAIL

4. Organization

Coordinating Center for Infectious Diseases

5- CommitteeII Ihe reviewer acts on behal! ol a oommitlee, Identify the body and record any dissenting views In the "Comments" below

6. Review " . - ' ' ' ' ' Review the employee's answers and Indicate whether you conour In the supervisor's recommendation Explain your reason(s) In the epace below. Signand date the form In the space provided

HHS-S20 (V06) (Previous Editions Obsolete) PAGE BOP 16


14/22

1. Name of Agency Ethics Official

Teresa Walker-Mason

2, Title of Agency Ethics Official

Stla l ce Pro gra m Manager

3. Agency Ethics Official Contact Information

TELEPHONE

( 404 )639-5003

FAX

( 404 )639-0621CELL

( . >

EMAIL

[email protected]

4. Organisation

Centers for Disease Control and Prevention, OD/OCOO, Atlanta, GA

5. Ethics Review

Review Iha employee's answers and tho supervisor's recomttiendation. Consider iha assessment of any management official, committee, or otherIntermediate reviewer. Based on Iha information provided and applying Ihe standard for approval prescribed In S CFR S501.106(d)(5), Indicate whetherthe activity can ba approved or permission must be denied. Explain your reason(s) in the space below and describe any actions deemed necessary toensure compliance with applicable ethics laws. Sign and date the lorm In the space provided,

0 Bequest as described may be approved

| Q Bequest may be approved subject to conditions noted In Comments Section

f~] Request as described must be denied

l~] Other disposition noted in Comments Section

AGENCY ETHICS OFFICIAL SIGNATURE

6. Comments

AJTUJ/1

HHS-520 (t/OS) (Previous Editions Obsolete)PAGE 9 OF 16
mailto:[email protected]:[email protected]


15/22

1. Name of Agency Deslgnae

( ;^ t f f ^OESjG#^2. ' Title of Agency Deslgtiee

3. Agency Destgnee Contact Information

TELEPHONE FAX

( ) ( )CELL EMAIL

( )


16/22

APPROVAL OF AN OUTSIDE ACTIVITY DOES NOT RELEASE YOU FROM A CONTINUING LEGAL OBLIGATION TO

DISQUALIFY YOURSELF FROM OFFICIAL ASSIGNMENTS AFFECTING YOUR OUTSIDE EMPLOYER OR THE

ENTITY TO WHICH YOU ARE PROVIDING PERSONAL SERVICES. WHILE PERFORMING AN APPROVED OUTSIDE

ACTIV ITY, ANY ACTIONS TAKEN IN CONFLICT WIT H APPLICABLE ETHICS LAWS MAY SUBJECT YOU TO

CRIMINAL PROSECUTION OR DISCIPLINARY PROCEEDINGS.

Caution. When you consult, leach, spaak, write, serve on a board,or work for a company, organization, or other entity outside yourgovernment Job, your relationship with that outside entity hascertain legal and ethical consequences.ThB approval of an outsideactivity does not mean that you are free of conflicts of Interest. Youmust still follow all substantive ethics requirements after approval isgranted. Consult the ethics regulations at 5 CFR 2635.802 and5501.106(d)(5) which are reprinted below.

Conlllcts Resolution. An approved HHS Form 520 does notsignify that you need not be concerned about conflicts of Interest.Under the law, conflicts of Interest arising out of outsideemployment or service in a fiduciary position can be resolved Inadvance in only three ways: (1) you can inform your supervisor and

disqualify yourself from participating in a conflicting governmentmatter (often called a recusal); (2) you can seek, If certain legalrequirements are satisfied, a separate legal document from yourappointing official or designee that specifically permits you to workon the government matter (known as a waiver), or (3) you canresign from either your government or outside Job. Outsiderelationships that fall short of actual employment or a fiduciary rolepose similar appearance concerns that must be addressed underprocedures In 5 CFR 2635.502.

Effect of Prior Approval . The outside activities prior approvalprocess has very limited purposes. When a reviewer approves anHHS Form 520 for your outside activity, two fundamentalassessments are being made, which are discussed below. Youreasonably may rely on these specific determinations only if youprovided all relevant Information on the iorm and the circumstancesunder review do not thereafter change. You remain responsible for

the legal and ethical consequences of any change in personal orbusiness affairs or a change in your government duties.

First, based on the information which you provide, the reviewerdetermines whether your proposed activity Is plainly prohibited byapplicable statutes or regulations, including the provisions of theethical standards governing appearances of Impropriety. Forexample, il you want to lobby Federal agencies on behalf of anon-profit organization that employs you, prior approval will bedenied because a criminal statute prohibits such representationalactivities.

Second, assuming your proposed activity Is not specificallyprohibited, the reviewer determines whether, under the circumstances, approval should be denied for other reasons specifiedunder the law. For example, (he reviewer may deny approval if the

facts show that you used your government position to obtain ahoutside compensated business opportunity or II the activity wouldcreate the appearance that you are violating the law or the ethicalstandards. Another common reason for denying approval is that theoutside activity may prevent you Irom handling work that Isexpected of you Because the outside activity may cause you tohave to disqualify yourself from a broad range of job assignments,oreven a few crucial projects, that will affect your outside employeror the entity to which you provide personal services, It may beImpossible for you to discharge fully your government duties

If, however, your outside activity Is approved, the reviewer hasdetermined that the matters In which you will not be allowed toparticipate are not "so central or critical to the performance of Jyour]official duties" that your ability lo perform the duties of your positionwould be materially impaired. In other words, you cannot work ona government matter affecting your outside employer, but thereviewer expects that you will be able to stay away from theseassignments and sti ll do your Job.

Recusal Obligations. When performing your Federal duties, youmust not participate In any government matter that will affect yourown self-interest In continuing your outside Job or activity. Forexample, you would have to disqualify yourself from participating inany official matter that might put your outside employer out of

business or seriously affect Its finances, either positively ornegatively, so that the odds of your remaining employed are alsoaffected. In addition, when you work for an outside employer orserve in a fiduciary role with an organization, the financial interestsof that company or organization are considered to be your own Asa result, li the company or organization has a financial interest inhow a government matter will be resolved, you cannot work on thatmatter, This means that you cannot work on a government matterthat involves or affects your outside employer as a specific party,such as a contract, grant, audit, Investigation, or litigation, The lawalso requires you to stay away from government matters that arelarger in scope, such as deliberations and decisions on developing,Implementing, or enforcing statutes, regulations, policies, studies,or proposals, that will have an elfect on a large class of employerslike the one for which you work on the outside For example, If youwere permitted to have an outside position as an employee ol ahospital, a drug company, or a nonprofit organization, you could not

participate personally In any significant way in a policy decision thataffects the financial interests of the Industry or organizational sectorin which these employers operate. Under certain limited circumstances, a waiver tor such "particular matters of generalapplicability" can be considered, if you notify your appointing officialIn advance and receive a written determination. Outside relationships that fall short of actual employment or a fiduciary role posesimilar appearance concerns, but the recusal obligation is limited lospecific party matters.

Scope of Recusal . Although many employees understand theneed to disqualily themselves from participating in an official matterthat affects their outside employer, they often believe erroneouslythat they can pick and choose among the various aspects of aparticular matter and stay away only from the important decisionsSuch incomplete recusals will not protect you from a criminal

conflict oi Interest violation- Unless a waiver, approved In advance,Identifies specific permitted activities, you must refrain entirely andabsolutely from participating personally and substantially in agovernment matter that affects your own financial interest or that ofan outside employer When you are involved significantly Inproposing, planning, advising, deciding, or implementing someofficial action, and you do so individually or by actively directingsubordinates, your participation is personal and substantial.

HH8-520 (1/0$) (Previous Editions Obsolete) PAGE 11 OF 1G


17/22

EXCERPTS FROM THE STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH ANDTHE DEPARTMENT OF HEALTH AND HUMAN SERVICES SUPPLEMENTAL AGENCY ETHICS REGULATIONS:

TITLE S CODE OF FE

2635,802 Conflicting outside employment and activities.

An employee shall not engage In outside employment or any otheroutside activity that conflicts with his official duties. An activityconfllcls with an employee's official duties:

(a) II it Is prohibited by statute or by an agency supplementalregulation; or

(b) If, under the standards set forth in 2635.402 and 2636 502, itwould require the employee's disqualification from matters socentral or critical to the performance of his official duties that theemployee's ability to perform the duties of his position would bematerially impaired

Employees are cautioned that even though an ouiside activity may

not be prohibited under this section, It may violate other principlesor standards set forth in this part or require the employee todisqualify himself from participation In certain particular mattersundBr ellher subpart D or subpart E of this part

Example 1: An emptoyee of the Environmental Protection Agencyhas just been promoted. His principal duty in his new position Is towrite regulations relating to the disposal of hazardous waste. Theemployee may not continue to serve as president of a nonprofitenvironmental organization thai rouilnely submits comments onsuoh regulations. His service as an officer would require hisdisqualification from duties criilcal to the performance of his officialduties on a basis so frequent as to materially impair his ability toperform the duties of his position

Example 2s An employee of the Occupational Safety and HealthAdministration who was and is expected again to be instrumental Informulating new OSHA safety standards applicable to manufacturers that use chemical solvents has been offered a consullingcontract to provide advice to ah affeoted company in restructuringits manufacturing operations to comply with the OSHA standards.The employee should not enter Into the consulting arrangementeven though he Is not currently working on OSHA standardsaffecting this industry and his consulting contract can be expeotedto be completed before he again works on such standards. Eventhough the consulting arrangement would not be a conflictingactivity within the meaning of 2635 802, It would create anappearance that the employee had used his official position toobtain the compensated outside business opportunity and it wouldcreate the further appearance of using his public office for theprivate gain of the manufacturer

=RAL REGULATIONS

5S01-106(d)(0) Standard for approval.

Approval shall be granted only upon a determination that theouiside employment or oiher outside activity is not expected toinvolve conduct prohibited by statute or Federal regulation,including 5 CFR part 2635 and this part.

Note* The granting of approval for an outside activity does notrelieve the employee of the obllgaUon to abide by allapplicable laws governing employee conduct nor doesapproval constitute a sanction of any violation. ApprovalInvolves an ass ess ment that the general activity as describedon the submission does not appear likely to violate anycriminal statutes or other ethics rules. Employees arereminded that during the course of an otherwise approvableactivity, situations may arise, or actions may be contemplated,

that, nevertheless, pose ethical concerns.

Example 1: A clerical employee with a degree in library sciencevolunteers to work on the acquisitions committee at a local publiclibrary, Serving on a panel that renders advice'to a non-Federalentity is subject to prior approval. Because recommending booksfor the library collection normally would not pose a conflict wRh thetyping duties assigned the emptoyee, the request would beapproved.

Example 2: While serving on the library acquisitions committee,the clerical employee in the preceding example is asked to help thelibrary business office locale a missing book order. Shipment ofthe order Is delayed because the publisher has declaredbankruptcy and its assets, including inventory in the warehouse,have been frozen to satisfy the claims of the Infernal RevenueService and other creditors- The employee may not contact theFederal bankruptcy trustee to seek, on behalf ol the public library,the release ol the books. Even though the employee's service onthe acquisitions committee had been approved, a criminal statute,18 US,C. 205, would preclude any representation by a Federalemployee of an outside entity before a Federal court or agency withrespect to a matter In which the United States Is a party or has adirect and substantial interest.

HHS-520 (1/06) (Previous Editions Obsolete) PAGE 12 OF 18


18/22

The Ethics in Government Act, 5 U.S.C. App. 101, etseg, Executive Order 12674, as amended by Executive Order 12731,Sections 301 and 7301 oi Tltie 5 of the II .S Code, and Sections 2635.803 and 5501.106(d) of Title 5 of the Code of FederalRegulations authorize the collection of this Information Disclosure ol this Information is mandatory for employees seeking priorautnorteatlon from an agency deslgnee to pursue outside employment or activities pursuant to Sections 2635 803 and

5501.106(d) of Tille 6 of the Code of Federal Regulations Failure to provide all or part of the requested information may resultIn denial of the request for approval of the oulslde employment or activity. Falsification of information or failure to file or reportInformation required to be reported may subject the employee to disciplinary action. Knowing and. willful falsification ofinformation required to be reported may subject the employee io criminal prosecution The primary use of this information is toallow HHS supervisors, management officials, and agency ethics officials to make necessary determinations concerningemployee requests for prior approval of oulslde employment or acllvifles in order to prevent a conflict of Interest or otherviolations of the statutes, regulations, and executive orders governing employee conduct, ThB information Is also requested,pursuant to 5 C.F.R. 2638 203(b)(9),(10), and (11), for the purpose of evaluating ethics program administration, as well asthe Department's supplemental ethics regulations, to determine their continued adequacy and effectiveness In relation toourreni agency responsibilities and to ensure that prompt and effeclive action is taken to remedy violations or potentialviolations, or appearances thereof, ol conflict of Interest and related ethics provisions. Additionally, this information may bedisclosed to: (1) the Offioe of Personnel Management, Office of Government Ethics, Merit Systems Protection Board, Office oithe Special Counsel, Equal Employment Opportunity Commission, Federal Labor Relalione Authority, Federal ServiceImpasses Panel, Federal Mediation and Conciliation Service, and an arbitrator, In carrying out their functions; (2) a Federal,State, or locaf agency charged with Investigating or prosecuting violations of, or Implemeniing, the law, in the event there is anIndication of a violation or potential violation of civil, criminal or regulatory law; (3) a Federal, State, or local agency maintainingenforcement records or other pertinent records, such as current licenses, if necessary to obtain a record relevant toan agency

decision concerning 1he hiring or retention of an employee, the Issuance of a security clearance, the Istting of a contract, or theIssuance of a license, grant or other benefit; (4) the National Archives and Records Administration or the General ServicesAdministration in records management Inspections; (5) the Oflice oi Management and Budget during legislative coordinationon privacy relief legislation; (6) Federal agencies with power to subpoena other Federal agencies' records; (7) a court or partyIn a court or Federal administrative proceeding If the Government Is a party or In order Io comply wllh a judge-Issuedsubpoena; (8) private firms with which the Department may contract for the purpose of collating, analyzing, aggregating orotherwise refining records; (9) a Member ol Congress or a Congressional office, pursuant to an inquiry made at the request ofthe individual who Is a subject of the record; (10) the Department ol Justice in defense of litigation; and (11) conlractors andother non-Government employees working for the Federal Government to accomplish a function related to an Office ofGovernment Ethics Government-wide system ol records- This confidential report will not be disclosed to any requesting personunless authorized by law. See the OGEA30VT-2 Government-wide executive branch system of records.

HHS-520 (1/06) (Previous Editions Obsolete) PAGE 13 OF 16


19/22

mmMMm

1. .

2. .

3.

4.

5.

6.

7.

8.

9.

10.

HHS-620 (1/06) (Previous Editions Obsolele) PAGE 14 OF IS


20/22

/ ; ^ / : >:

: : * - ':' A D ^

jdenUlylhepwlandiiem.mmberto

HHS-52D (1/OB) (Previous Editions Obsolete) PAGE 15 OF 16


21/22

^TXI i / / ^ DEPARTMENT OF HEALTH & HUMAN SERVICES

"".u,i

Date

From

Pubtlc Health ServiceCenters for DEsease Control

and Prevention (CDC)

JAN 3 m

Deputy Ethics CounselorCenters for Disease Control and Prevention, andAgency for Toxic Substances and Disease Registry

Subject Outside Activity

Douglas R. BrowneTo Management Official, NCZVED, NCTX>

Through: Director, NCED (A-45)

Your renewal request, to serve on the advisory board ofthe National Save a Life, has

been approved- Pursuant to the latest version of the HHS Supplemental Standards ofEthical Conduct, approval ofan outside activity is effective for one year only,Employees must renew their request for approval annually ifthey desire to continue anylong term outside activity. In addition, employees must submit a revised request forapproval if they change positions within the agency or if a significant change occurs inthe nature ofthe outside activity or in the scope ofthe employees' duties. Please note thatthe approval of this outside activity will be considered inactive after December 31,2007.


1. It must not create a real or apparent conflict of interest.

2. You must not participate in any action taken by the organization to endorse,encourage, or oppose the adoption ofa formal policy or position ofCDC, HHS,or the Federal Government.

Government-financed time, supplies, facilities, or equipment assigned or loanedto you for completion of your official duties may be used for this outside activityonly as permitted by the Information Resources Management Manual Guide,CDC-8, June 99, "Employee Use of CDC Information Technology Resources."

You shall not use or permit the use of your Government position or title or anyauthority associated with your public office in a manner that could reasonably beconstrued to imply that CDC or the Government sanctions or endorses youroutside activity.

5. You must not represent the organization before any Federal agency where theFederal Government has a substantial interest in the matter.


22/22

Page 2. Douglas R. Browne

6. You are prohibited from taking any action as a CDC employee that could beperceived as directly and predictably affecting the financial interests of this

organization.

7. You may not provide, for compensation, services on behalf ofthis organization toprepare, or assist in the preparation ofany grant applications, contract proposals,program reports, or other documents intended for submission to HHS.


9. You may only participate in fund-raising activities consistent with the Office ofGovernment Ethics (OGE) Standards of Conduct at 2635.808(b) and (c). Youmay attend fund-raising functions, and you may participate in discussions andplanning of fund-raising activities this outside organization is considering,.

However, you may not personally solicit funds or other support from asubordinate or a prohibited source, within the meaning ofthe OGE Standards at2635,203(dV

For more specific information concerning this outside activity, refer to Subpart H Outside Activities, ofthe Office of Government Ethics Standards of Ethical Conduct forEmployees of the Executive Branch, and Section 5501.106 of the HHS SupplementalStandards of Ethical Conduct. Please note that ifthis activity is perfoimed during normalworking hours, you must be on approved leave.

Ifyou have questions or need additional information, please callFran-eoHier, EthicsProgram Activity, Office ofthe Chief Operating Officer, OD, (404) 639-5113.

CDC requests/permissions, Douglas R. Browne serving on Save-A-Life Foundation advisory board, 04-07

Documents

Transcript of CDC requests/permissions, Douglas R. Browne serving on Save-A-Life Foundation advisory board, 04-07