Endorsement Guide

Here are some tips and guidelines to interact with a non-federal entity.

  • First - Principles:
    • Appearances matter! Principle #14 of the 14 General Principles of Ethical Conduct states: “Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards set forth in this part. Whether particular circumstances create an appearance that the law or these standards have been violated shall be determined from the perspective of a reasonable person with knowledge of the relevant facts.” 5 C.F.R. § 2635.101(b)(14).
    • The ethics rules state “An employee shall not use or permit the use of his Government position or title or any authority associated with his public office to endorse any product, service, or enterprise…” 5 C.F.R. § 2635.702(c).
  • Common scenario #1 – Invitations to events/meetings.
    • When you are considering inviting a person or a group to a DOE event, such as a roundtable, or meeting with outside entities individually, you need to be careful to make sure DOE does not appear to be giving preferential treatment to the invitees, or special access to top DOE officials. You should ensure your actions are not seen as an improper endorsement of the non-federal entity because of the narrow nature the invitee list, especially if you have some connection to the invitees.
    • Before giving/accepting a meeting with a non-federal entity or sending invitations to DOE events, ask yourself:
      • Are there other similar organizations/people? If they were not invited, why not?
        • *Similarly situated organizations/people should be treated similarly*
      • Do these organizations/people have any pending actions before DOE?
        • *Be very careful when providing access to those who have business before DOE since they may be seeking an improper advantage*
      • How did you choose who gets access/invited?
        • Did you use articulable objective criteria? If so, good.
        • Did you utilize personal connections/friendships? If so, this looks like DOE is giving special access to these folks.
  • Common scenario #2 – Giving speeches/statements.
    • If you are invited to give a speech or a statement about a topic in your official capacity, ask yourself:
      • Is there a nexus between the speech/statement and your official duties? If so, good.
      • Are the event organizers publicizing DOE’s involvement to give the impression of official sanction for the event? If so, consult GC for guidance.
      • Are DOE resources (i.e., website, social media platforms, etc.) being utilized to only promote that part of the event in which DOE is involved? If so, good. DOE resources may not be utilized to promote the entire event.
  • Common scenario #3 – Non-DOE events.
    • If you are asked to promote an event in which DOE is not involved, you should not do so in your official capacity.
    • What does this usually look like?
      • Providing a quote for a company’s press release when there is no nexus to DOE.
      • Linking to a third party’s event page and promoting it on our website when there is no nexus to DOE.
  • Common scenario #4 – DOE co-hosted events.
  • Factors that increase the chances your actions are an endorsement:
    • If you occupy a senior-level, political or policy-determining position at DOE
    • If there are other circumstances that would lead a reasonable person to conclude that the government sanctioned or endorsed the services of the outside organization.

Summary

Do Don't
Treat similarly situated groups/people similarly. Use objective criteria to decide who gets invitations to events/access to officials. Use personal connections/friendships to make decisions about who gets invitations to events/access to officials.
Scrutinize involvement with non-federal entities who have business before DOE. Allow non-federal entities to imply or outright state DOE sanctions or endorses their products, services or events.
Make official statements/speeches on behalf of DOE that have a connection to your official duties. Make official statements/speeches that have no connection to your official duties.
Use DOE resources or make official statements to promote only that part of an event where DOE is involved. Use DOE resources or making official statements to promote an entire event, even parts where DOE is not involved. Using DOE resources or making official statements to promote events where DOE is not involved at all.

For DOE co-hosted events, please see DOE Conference Policy and guidance from GC-22.