Deferred Resignation: Ethics Rules for Public Financial Disclosure Filers

NOTE: This information is only for people who file the OGE-278 in INTEGRITY

Although you accepted Deferred Resignation (DR), you are still an EPA employee until you officially resign, retire, or terminate from EPA.  The expected date of your resignation is September 30, 2025.  Until that date (or whenever you separate officially from EPA), you remain subject to the federal ethics laws and regulations, the criminal conflict of interest laws, the EPA supplemental regulations, and the Hatch Act.   

As a public financial disclosure filer, you have additional reporting requirements.  These obligations apply even if you were acting in a public financial disclosure filing position when you accepted the DR offer.  Be aware of these obligations and any filing deadlines as some of them may trigger late fees or penalties.

Your Public Financial Disclosure Filing Obligations Continue

You must be able to access INTEGRITY to fulfill your continuing obligations.  Because your access to your EPA PIV card ends on 2/28/25, your INTEGRITY user ID must be changed.  Provide a personal email address to EPA Ethics at ethics@epa.gov so we can ensure you get access to your INTEGRITY account. 

• Annual 278 Report

You were assigned a public financial disclosure report (the OGE 278) in INTEGRITY. This report, which covers CY 2024 only, is still due on or before May 15, 2025.  Your obligation to file does not go away just because you are in deferred resignation status. To request an extension, click on “extension request” within the report itself:  look at the right side of the “position & agency” section of the “general information” page of your report.  Your request will be conveyed to EPA Ethics, and you will be able to see their determination.  Please note that EPA Ethics cannot grant any extension after the deadline.

If your separation date will be earlier than August 13, 2025, then ask EPA Ethics to assign you a combined annual/termination report so you don’t have to do two separate reports. 

• Termination Report 

Assuming that you will separate from EPA after August 13, 2025, then you must file a termination report.  EPA Ethics will assign that report to you after you file your annual report.  This termination report is due within 15 days before, but no later than 30 days after, your separation date from EPA (which is not the same date that you entered DR status).  This report will cover CY 2025 only. 

• Periodic Transactions

While you are in DR status, EPA Ethics has determined that you are NOT required to file periodic transaction reports (278T).  If you are not in DR status but instead still working at EPA, then you do have to continue to file 278Ts.

Looking for or Accepting a Job While in Deferred Resignation Status

While in deferred resignation status, you are not performing any EPA duties, but you are still subject to the ethics rules.  Read through these reminders to ensure you remain ethical. 

You May Need to Seek Prior Approval of Outside Activity

As outlined in the EPA supplemental ethics regulations, the following types of outside employment and activities require prior approval from an ethics official, even when you are in DR status and even if the outside activity is uncompensated:

• Consulting services
• Practicing a profession (e.g., accountant, Realtor, lawyer, or something else that requires specialized knowledge, training or education)
• Holding State or local public office
• Any subject matter that deals in significant part with the policies, programs, or operations of EPA, or any matter to which you are currently assigned or to which you have been assigned in the previous year, or
• Providing services to an EPA contractor or subcontractor, the holder of an EPA assistance agreement or sub-agreement, or a firm that is regulated by your Region or Office

How to Seek Prior Approval

Answer all of these questions and send the information to EPA Ethics at ethics@epa.gov.  Because you are a public filer and they review your financial disclosure reports, EPA Ethics will consider your request for outside activity.  Be sure to provide all of the information and a way for them to reach you if necessary.

Information Needed	Your Answer
Your Full Name
Your EPA Office & Subdivision (e.g., OAR/Office of Transportation and Air Quality or OGC/Air & Radiation Law Office)
Your EPA Title
Your Grade (e.g., SES)
Name of the business, person, or organization you will work for (in cases of self-employment, indicate the type of services to be rendered and estimate the number of clients or customers anticipated during the next 6 months)
Does the entity have any assistance agreements (e.g., grants) or contracts with EPA? If so, do you know what they are?
Description of the services to be performed for this entity. NOTE:  If the services will involve any federal agency, please explain what your role will be.
Amount of compensation expected for the services performed (e.g., uncompensated, flat $2000 fee, $45/hour, etc.)
Estimated time to be devoted to the activity (e.g., full time, 10 hours a week, etc)
Affirm in writing that you have read, are familiar with, and will abide by the restrictions described at  5 C.F.R. part 2635 and 6401.102..
FOR PUBLIC FINANCIAL DISCLOSURE FILERS: Do you expect to continue in this outside activity or employment after you separate from federal service? Note: If you respond “YES” to this question, then you must submit a Negotiation Notification Form with your Outside Activity Request. The form is available at this link: Negotiations Notification Form (pdf) (840.71 KB, 2020.10.06)

Negotiations Notification Requirements

While in DR status, you may seek employment and not worry about any recusal obligations because, well, you’re not working at your EPA duties.  But because you are a public filer, you may still have to notify EPA Ethics within 3 business days of when you enter into negotiations with any non-federal entity.  See 5 C.F.R. § 2635.607.

The term “negotiations” means any discussion or communication with another person, or that person's agent or intermediary, that are mutually conducted with a view toward reaching an agreement regarding possible employment with that person. The term is not limited to discussions of specific terms and conditions of employment in a specific position.

If you will be working with the non-federal entity after you separate from EPA, be sure to submit the negotiation notification form to ethics@epa.gov.

Ethics Reminders for Outside Activity During DR Status

Because you will still be a federal employee until you separate, you must abide by the following restrictions regarding your outside activity.  These rules apply even if you don’t need to seek prior approval for your outside activity.

Representational Conflicts of Interest

You are subject to the criminal representational conflict of interest statutes set forth at 18 U.S.C. § 203 and § 205. You cannot represent anyone else, including a new employer or client, as their agent or attorney in connection with any matter in which the United States is a party or has a direct and substantial interest.  If you are compensated, then you also can’t receive payment for anyone else’s representational services while you are in DR status.  In fact, the non-federal entity is also prohibited from paying you for representational services provided by you or someone else while you are in DR status.

Do not contact any United States government official on behalf of the non-federal employer or client, even while in DR status.  You are not representing the Agency or the United States government in this personal endeavor.

Misuse of Position

You cannot refer solely to your EPA position or title in connection with outside activity, including any listing on a website. If your bio mentions EPA, then it must also include other significant biographical details (at least two others) with EPA not having any undue prominence. See 5 C.F.R. § 2635.807(b).

Reporting Obligations For Public Filers Engaged In Outside Activity During DR Status

Even if uncompensated, you may have to report the outside position in Part 1 of your Termination Report.  If you are compensated, then remember to report the income (if over $201) in Part 2.  And if you expect to continue to work with the non-federal entity after you separate from EPA, then include this employment arrangement (or any other) in Part 3 of your Termination Report.

Continuing Hatch Act Obligations

Even on DR status, you are still subject to the Hatch Act, which governs the political activity of federal employees even in your personal capacity.  “Political activity” is defined as any activity directed at the success or failure of a candidate for partisan election, a political party, or a partisan political group.  Even in your personal capacity, the following prohibitions apply to you, all the time, 24/7. 

NEVER: 

• Solicit, accept, or receive political contributions
• Run for partisan political office
• Use your EPA affiliation or title in connection with political activity
• Engage in political activity in the federal workplace, including displaying candidate photos or partisan political items such as paraphernalia or campaign slogans
• Coerce subordinates to engage in political activity
• Accept volunteer services from a subordinate
• Use your official EPA authority to interfere with the outcome of an election
• Solicit or discourage political activity of anyone with business before EPA

For Career SES, ALJs and Public Health Service Officers

You are “further restricted” under the Hatch Act so, even while in DR status, you have even more limitations.  You cannot, for example, work in concert with any partisan candidate or political party, even on your own time. 

For Title 42, SL and ST Employees (or anyone acting in an SES position)

You are “lesser restricted” under the Hatch Act, even while in DR status.  For more information regarding your obligations under the Hatch Act, please see this Hatch Act Chart (pdf) (195.93 KB, 2025.01.31) , which  summarizes what EPA employees can and cannot do based on their appointment.

Post Employment Obligations After You Separate from EPA

After you separate from EPA, you are still subject to the post-employment law. You may not appear before or communicate with government officials on behalf of another with the intent to influence government action on any specific party matter in which you personally or substantially participated as a federal employee. This is a permanent bar.  See generally,  18 USC § 207(a)(1).

In addition, if you were a supervisor before you went into DR status, then you may not appear before or communicate with government officials on any such matters that were under your official responsibility during your last year of government service.  This is a two-year bar after you last served as a supervisor. See generally,  18 USC § 207(a)(2).

“Senior Employees”[1] have additional one-year restrictions after serving as a senior employee, found at  18 USC § 207(c) (a one-year cooling off period for any matter pending before EPA) and 207(f) (a one-year period in which you may not aid, advise, or represent a foreign entity[2] on any matter pending before  any official of the United States, including Congress, the President, or Vice President). See 18 USC § 207(f).

Specific information regarding the seeking/post-employment rules per appointment type are found in these advisories:

• Departing EPA for Career GS Non-Supervisors (pdf) (285.87 KB, May 2025)
• Departing EPA for Career GS Supervisors (pdf) (288.82 KB, May 2025)
• Departing EPA for Career SES/SL/ST/Title 42 Employees (pdf) (337.81 KB, May 2025)

Prohibition on former official's acceptance of compensation from a contractor 

In addition, for those with significant procurement responsibilities for a government procurement in excess of $10 million, you may be barred from accepting compensation from the winning contract of an Agency procurement for one year from the date you held certain positions or made certain decisions. See generally, 41 CFR § 3.104-3.

State Bar Restrictions (Attorneys Only)

If you are an attorney working for EPA, then even while you are in deferred resignation status, your client is still the United States.  Because you are licensed to practice law, you must continue to adhere to obligations to your client and to your state bar rules.  Pay particular attention to Rules 1.6 (client confidentiality), 1.7 (conflict of interest) and 1.11 (special conflicts of interest for former and current government officers and attorneys).  You cannot reveal attorney-client privileged information nor take adverse positions to the federal government (your current client). Activities that may be off limits to you include advising opposing counsel on how to interpret statutes, regulations, policies, or terms and conditions; discussing litigation strategy; and advising, reviewing and revising draft complaints, briefs, and other similar legal documents.  After you separate from EPA, you still have a continuing duty to your former client under Rule 1.9.

You should seek advice from your state bar counsel about your professional responsibility obligations.

EPA Grants Competition Policy
If this entity is a recipient of EPA grants funding, we suggest that they contact the Grants Competition Advocate (GrantsCompetition@epa.gov) to ascertain whether your concurrent employment with it creates any unique conflicts under EPA’s Competition Policy. Be advised that entities that violate EPA’s Competition Policy may be ineligible to receive EPA funding in the future.

Questions?  Send an email to ethics@epa.gov.