This ethics guidance applies to EPA employees on administrative leave, generally, including probationary employees who were initially terminated then reinstated into administrative leave. This guidance also applies to those employees who accepted the following offers:

The deferred resignation program with deadline February 2025
The deferred resignation program with deadline May 9, 2025
The Voluntary Early Retirement Authority with deadline May 9, 2025

Before you go on administrative leave (i.e., while you are still performing official duties at EPA)

Generally, what ethics rules apply to me before I start administrative leave?

While still in official duty working status, the federal ethics laws and rules continue to apply just as they have as they have since you first started your federal government job. If you want to get a head start on your job hunt before starting administrative leave, then you may have recusal obligations. If you want to accept employment before starting administrative leave, then you may need to seek prior approval before starting the new job. The EPA Ethics Intranet website is available to help you understand your ethics responsibilities while you are still here at EPA. In addition, you may seek ethics advice from your respective Deputy Ethics Official.

May I start looking for a job before I go out on administrative leave?

Yes, but if you have official duties that affect the financial interests of a prospective employer, you will need to recuse yourself from participating in the matter(s) when you begin to “seek employment.” Your recusal will end when either of the following happens: the party rejects the possibility of future employment; you leave to accept the position; or you begin administrative leave. Review the EPA Ethics Intranet website on seeking and negotiating for employment for rules while you are still in official duty status (i.e., before starting administrative leave).

Can I continue to perform my official duties and/or take EPA work with me into administrative leave (e.g., conference attendance/presentations; co-authoring papers)?

No. While in administrative leave, you are not authorized to carry out any official EPA duties. You also cannot take EPA work or records with you. When you start administrative leave, you must leave whatever work you have been doing and cannot continue to work on it.

If you are an EPA representative on an external advisory committee or workgroup, you need to let the organizer know that you are no longer the EPA representative and will no longer serve. Do not attempt to convert that official duty assignment into your own personal activity without specific ethics advice.

If you are scheduled to present in your official EPA position (i.e., at a conference, seminar, training, etc.) later this year, you must inform the organizers that you will no longer be performing official EPA duties. Instead, work with your supervisor to reassign the work.

If you are co-authoring papers that are going through EPA review, you need to conclude your contributions to that work before you start administrative leave. Because that work is still pending, it is considered non-public information so you cannot misuse your federal position, violate the records retention rules by taking it with you, nor “volunteer” your services to EPA to continue that work as you enter administrative leave.

If you need to transfer assignments and/or knowledge, do that before you enter administrative leave. Use the Knowledge Retention and Transfer Program for approaches on how to share knowledge among staff.

While in administrative leave status (i.e., before formal separation from EPA)

Seeking Employment

May I seek employment while I am on administrative leave?

Yes. While on administrative leave, you are still an EPA employee, even though you are not performing any official duties. Although you won’t have any recusal obligations, you must abide by the federal ethics laws and regulations regarding engaging in “outside employment’ if you plan to accept a new position while on administrative leave. To engage in uncompensated or compensated activities, observe the following:

Seek prior approval of the outside activity if required by 5 CFR 6401.102.
Do not engage in outside employment or any other outside activity that violates a federal statute, such as the representational conflict of interest statutes (18 U.S.C. §§ 203 and 205), the Hatch Act (5 U.S.C. § 7321 – 7326), or the Emoluments Clause of the US Constitution (Article I, Section 9, Clause 8)
Do not misuse your federal position or title, such as referring to your official EPA title while working for an outside entity or sharing non-public information with the outside entity.
Do not personally solicit funds for charitable organizations from subordinates or entities that have matters before the Agency
Do not solicit, accept or receive political contributions at any time
Do not serve as an expert witness for anyone other than the United States in a matter in which the United States is a party or has a direct and substantial interest. For other service as an expert witness, you must obtain express written prior approval from EPA HQ Ethics.

May I post a resume or use a headhunter when applying for jobs?

Yes.

May I reference my EPA position/title in my personal professional networking accounts (e.g., LinkedIn)?

In general, yes. Including your EPA affiliation, title, or position in the background section of your online profile is permissible, but if you choose to identify yourself by your EPA affiliation, then you must ensure that content posted to your account is clearly identified as your own views or opinions. You should include a disclaimer such as “the views and opinions provided herein are my own and do not necessarily represent the views of the US EPA or of the United States.” Include disclaimers where your profile will be prominently displayed to other users. For example, on LinkedIn, add a disclaimer to your Headline and the About section. See OGE LA-23-13, Ethics Guidance on Use of Professional Networking Platforms and Monetizing Social Media Activity (09/28/2023) and EPA’s policy on ethics and social media, specifically “social identity for employees.”

After you separate from EPA, update your professional networking accounts appropriately to reflect the end of your federal government service.

When I interview, what questions should I ask about the job to understand whether any work will implicate my ongoing federal ethics obligations?

While you are on administrative leave, you are still a federal employee subject to the federal ethics laws.

To avoid issues with the Emoluments Clause of the US Constitution, find out if the potential employer is a foreign government, foreign university or an international organization, and consult with EPA Ethics before accepting the job.

To avoid triggering the criminal representational conflict of interest statutes, 18 U.S.C. §§ 203 and 205, find out if the work you’ll be doing requires you to act as their agent (meaning their representative) or their attorney and whether the work will require you to communicate and/or interact with federal government employees and, if so, under what circumstances. Some communications are prohibited.

If there is representational work, then find out how your position will be compensated (salaried, hourly wage, partnership share, profit-sharing, bonuses based on company performance, etc.), even if you won’t yourself provide the representational services. Review the primer below for more information on prohibited compensated representational activities while on administrative leave.

Accepting Employment

Generally, what ethics rules apply to me while I am on administrative leave?

While on administrative leave, you are still an EPA employee. Even though you are not performing official duties, you are required to abide by the federal ethics laws and regulations. Whether you want to engage in uncompensated or compensated activities, observe the following:

Seek prior approval of the outside activity if required by 5 CFR 6401.102.
Do not engage in outside employment or any other outside activity that violates a federal statute, such as the representational conflict of interest statutes (18 U.S.C. §§ 203 and 205), the Hatch Act (5 U.S.C. § 7321 – 7326), or the Emoluments Clause of the US Constitution (Article I, Section 9, Clause 8).
Do not misuse your federal position or title, such as referring to your official EPA title while working for an outside entity, or sharing non-public information with the outside entity.
Do not personally solicit funds for charitable organizations from subordinates or entities that have matters before the Agency.
Do not solicit, accept or receive political contributions at any time.
Do not serve as an expert witness for anyone other than the United States in a matter in which the United States is a party or has a direct and substantial interest. For other service as an expert witness, you must obtain express written prior approval from EPA HQ Ethics.

What are examples of jobs that I absolutely cannot accept while in administrative leave?

The following are some jobs and activities that EPA Ethics advises you absolutely cannot do.

You cannot run as a partisan candidate in any election. You cannot fundraise for any political party, partisan candidate or campaign.

Under the Emoluments Clause of the U.S. Constitution, you cannot accept any job with or money from a foreign government or international organization that is not permitted by the Foreign Gifts and Decorations Act. This restriction may include universities and commercial entities that are substantially owned or controlled by foreign governments, so check with EPA Ethics first.

While on administrative leave from EPA, you cannot also work for another federal agency, the legislative or judicial branch, or the DC government. See 5 U.S.C. § 5533, Dual Pay From More Than One Position. To take another federal job, you will need to be formally transferred from EPA to the other agency; to take a job with the DC Government, you will need to separate from EPA.

If the job involves non-political fundraising, (e.g., on behalf of an employer or volunteer activity), you cannot personally solicit contributions from a subordinate or any person who is known to you to be a prohibited source of the Agency (unless you have a family relationship or personal friendship otherwise).

What activities are prohibited while in administrative leave?

In addition to the discussion in the prior question, you are subject to the criminal representational conflict of interest statutes set forth at 18 U.S.C. § 203 and §205.

Under 18 U.S.C. § 205, you are generally prohibited from certain involvement in claims against the United States, or from representing another before the Government in matters in which the United States is a party or has a direct and substantial interest.

Under 18 U.S.C. § 203, you are prohibited from receiving compensation for representational activities involving certain matters in which the United States is a party or has a direct and substantial interest.

Under these laws, 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. Generally, this restriction means that you cannot be the face or voice of any communication with the intent to influence the federal government on behalf of another.

Where can I learn more about prohibited representational activities?

If you are contemplating a job that includes representational activities such as an attorney, lobbyist, consultant or agent, or will make communications to the Federal Government with the intent to influence, then here’s a primer to understand more about which representational activities are prohibited under 18 U.S.C. § 203 and § 205.

Can I have outside employment while on administrative leave?

Yes. Your non-EPA job is an “outside activity.” Certain outside activities require approval from your EPA ethics official before you start the work. To determine whether you need to seek prior approval from your EPA ethics official, review instructions and process for seeking approval here. The approval requirement ensures that you receive appropriate ethics advice to comply with your ongoing ethical obligations while still an EPA employee.

May I accept a job working for a government contractor or grantee?

Yes, in most instances. You still have to abide by federal ethics laws and regulations while on administrative leave. For example, you cannot represent the contractor or grantee back to the Federal government pursuant to 18 U.S.C. § 203 and § 205 and you may have ethics issues if your compensation isn’t fixed (i.e., other than a set salary or hourly wage). If you had procurement responsibilities in your EPA job, then you may have additional restrictions under the Procurement Integrity Act. Finally, you may need approval from your EPA ethics official before you start the work. To understand whether you need to seek prior approval, review instructions and process for seeking approval here. When you formally separate from EPA (i.e., no longer on administrative leave), you will be subject to the post-employment ethics law, 18 U.S.C. § 207. How that law applies to you depends on your type of appointment, your status as a supervisor, and whether you were a “senior official.”

May I accept a job working for a law firm?

Yes, in most instances. You still have to abide by federal ethics laws and regulations while on administrative leave. For example, you cannot represent the law firm or its clients back to the Federal government pursuant to 18 U.S.C. § 203 and § 205 and you may have ethics issues if your compensation isn’t fixed (i.e., other than a set salary or hourly wage). If you are an attorney working for EPA, then even while you are in administrative leave, 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 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). Finally, you will likely need approval from your EPA ethics official before you start the work. To understand whether you need to seek prior approval, review instructions and process for seeking approval here. When you formally separate from EPA (i.e., no longer on administrative leave), you will be subject to the post-employment ethics law, 18 U.S.C. § 207. How that law applies to you depends on your type of appointment, your status as a supervisor, and whether you were a “senior official.”

May I accept a job working for a lobbying firm? As a federally registered lobbyist?

Yes, in most instances. You still have to abide by federal ethics laws and regulations while on administrative leave. For example, you cannot represent the lobbying firm or its clients back to the Federal government pursuant to 18 U.S.C. § 203 and § 205 and you may have ethics issues if your compensation isn’t fixed (i.e., other than a set salary or hourly wage). You may, however, lobby Congress on their behalf because 18 U.S.C. § 205 applies only to the executive and judicial branches of government. Because you are not carrying out your EPA duties, there are no implications under the Anti Lobbying Act. If you are an attorney, you must continue to adhere to obligations to your client and your state bar rules. Finally, you may need approval from your EPA ethics official before you start the work. To understand whether you need to seek prior approval, review instructions and process for seeking approval here. When you formally separate from EPA (i.e., no longer on administrative leave), you will be subject to the post-employment ethics law, 18 U.S.C. § 207. How that law applies to you depends on your type of appointment, your status as a supervisor, and whether you were a “senior official.”

May I accept a job working for a state or local government (excluding Washington, DC)?

Yes. You still have to abide by federal ethics laws and regulations while on administrative leave. For example, you cannot represent the state or local government back to the Federal government pursuant to 18 U.S.C. § 203 and § 205. You may need approval from your EPA ethics official before you start the work. To understand whether you need to seek prior approval, review instructions and process for seeking approval here. When you formally separate from EPA (i.e., no longer on administrative leave), you will be subject to the post-employment ethics law, 18 U.S.C. § 207. How that law applies to you depends on your type of appointment, your status as a supervisor, and whether you were a “senior official.”

May I accept a job working for the DC government?

Yes, but you must formally separate from EPA before starting your DC Government job. As a federal employee, you are subject to the “dual compensation” law, 5 U.S.C. § 5533, that strictly prohibits you from receiving pay for more than one civilian position in any calendar week. “Position” means a civilian office (including a temporary, part-time, or intermittent position) in any branch of the federal government and the government of the District of Columbia.

May I accept another federal government job (executive, legislative, or judiciary)?

Yes, provided that you end your EPA service. To avoid a break in service, you will need to be transferred from EPA to the other federal job. Coordinate with your local HR office and OMS to execute the transfer. You cannot hold two federal positions while on administrative leave. As a federal employee, you are subject to the “dual compensation” law, 5 U.S.C. § 5533, that strictly prohibits you from receiving pay for more than one civilian position in any calendar week. “Position” means a civilian office (including a temporary, part-time, or intermittent position) in any branch of the federal government and the government of the District of Columbia.

May I accept a job working for a tribal government?

Yes. You still have to abide by federal ethics laws and regulations while on administrative leave. For example, you cannot represent the tribal government back to the Federal government pursuant to 18 U.S.C. § 203 and § 205. You may need approval from your EPA ethics official before you start the work. To understand whether you need to seek prior approval, review instructions and process for seeking approval here. When you formally separate from EPA (i.e., no longer on administrative leave), you will be subject to the post-employment ethics law, 18 U.S.C. § 207. How that law applies to you depends on your type of appointment, your status as a supervisor, and whether you were a “senior official.”

May I accept a job working for an American university (doing grant work)?

Yes. You still have to abide by federal ethics laws and regulations while on administrative leave. For example, you cannot represent the university back to the Federal government pursuant to 18 U.S.C. § 203 and § 205. You may need approval from your EPA ethics official before you start the work. To understand whether you need to seek prior approval, review instructions and process for seeking approval here. When you formally separate from EPA (i.e., no longer on administrative leave), you will be subject to the post-employment ethics law, 18 U.S.C. § 207. How that law applies to you depends on your type of appointment, your status as a supervisor, and whether you were a “senior official.”

May I accept a job working for a foreign university or a foreign government?

Possibly for some foreign universities but not for any foreign government. If the foreign university is under the control of the foreign government, then you cannot work there because you are still subject to the Emoluments Clause of the U.S. Constitution. See Article I, Section 9, Clause 8 . Unless EPA Ethics affirmatively determines that the foreign university is not part of a foreign government, you cannot start the job until you resign your federal government position. Remember, you still have to abide by federal ethics laws and regulations while on administrative leave and you may need approval from your EPA ethics official before you start the work. To understand whether you need to seek prior approval, review instructions and process for seeking approval here. When you formally separate from EPA (i.e., no longer on administrative leave), you will be subject to the post-employment ethics law, 18 U.S.C. § 207. How that law applies to you depends on your type of appointment, your status as a supervisor, and whether you were a “senior official.”

May I accept a job working for an international organization (United Nations / WHO / OECD)?

It depends on the international organization. While on administrative leave, you are subject to the federal ethics laws and regulations and the Emoluments Clause of the U.S. Constitution. See Article I, Section 9, Clause 8. You cannot accept a title or pay, for example, from any foreign government. If the United States is a member of the international organization, (e.g., World Bank, the International Monetary Fund, United Nations), then you will not trigger the Emoluments Clause. We urge you to seek specific advice from EPA Ethics about whether you may accept a position with an international organization. While on administrative leave, employment is not permissible with organizations in which the United States is NOT a member (e.g., World Health Organization, European Union) because of the Emoluments Clause. Remember, you still have to abide by federal ethics laws and regulations while on administrative leave. Finally, you may need approval from your EPA ethics official before you start the work. To understand whether you need to seek prior approval, review instructions and process for seeking approval here. When you formally separate from EPA (i.e., no longer on administrative leave), you will be subject to the post-employment ethics law, 18 U.S.C. § 207. How that law applies to you depends on your type of appointment, your status as a supervisor, and whether you were a “senior official.”

May I accept a job working for a company that is directly regulated by EPA?

Yes, in most instances. You still have to abide by federal ethics laws and regulations while on administrative leave. For example, you cannot represent the company back to the Federal government pursuant to 18 U.S.C. § 203 and § 205 and you may have ethics issues if your compensation isn’t fixed (i.e., other than a set salary or hourly wage). Finally, you may need approval from your EPA ethics official before you start the work. To understand whether you need to seek prior approval, review instructions and process for seeking approval here. When you formally separate from EPA (i.e., no longer on administrative leave), you will be subject to the post-employment ethics law, 18 U.S.C. § 207. How that law applies to you depends on your type of appointment, your status as a supervisor, and whether you were a “senior official.”

May I accept a job working for a consulting company or trade association whose clients or members are directly regulated by EPA?

Yes, in most instances. You still have to abide by federal ethics laws and regulations while on administrative leave. For example, you cannot represent the company, association or their clients back to the Federal government pursuant to 18 U.S.C. § 203 and § 205 and you may have ethics issues if your compensation isn’t fixed (i.e., other than a set salary or hourly wage). Finally, you may need approval from your EPA ethics official before you start the work. To understand whether you need to seek prior approval, review instructions and process for seeking approval here. When you formally separate from EPA (i.e., no longer on administrative leave), you will be subject to the post-employment ethics law, 18 U.S.C. § 207. How that law applies to you depends on your type of appointment, your status as a supervisor, and whether you were a “senior official.”

May I serve as an expert witness as an outside activity?

Possibly, but only if you first obtain explicit written authorization from EPA’s Alternate Designated Agency Ethics Official (Director of Ethics Office/OGC) or Designated Agency Ethics Official (Deputy General Counsel for Media Programs/OGC). Irrespective of whether you will be compensated, to be an expert witness as an outside activity in any proceeding before a court of agency of the United States, you must first obtain specific written authorization from either of these two EPA ethics officials. This determination has not been delegated to any other ethics official. EPA Ethics needs to consult with other federal agencies to ascertain whether the United States is a party to the matter or has a direct and substantial interest. If not, then the ADAEO or DAEO will issue you written authorization on those facts.  See 5 C.F.R. § 2635.805. 

May I start my own consulting business?

Yes, but you still must abide by federal ethics laws and regulations while on administrative leave. For example, you cannot represent the business or your clients back to the Federal government pursuant to 18 U.S.C. § 203 and § 205, which has particular significance if you want to apply for federal contracts. If so, then be mindful of Federal Acquisition Rule 3.601 that prohibits a contracting officer from awarding a contract to a Government employee or to a business concern or other organization owned or substantially owned or controlled by one or more Government employees. In addition, you may need approval from your EPA ethics official before you start the business and when you identify clients. To understand whether you need to seek prior approval for the business, review instructions and process for seeking approval here. When you formally separate from EPA (i.e., no longer on administrative leave), you will be subject to the post-employment ethics law, 18 U.S.C. § 207. How that law applies to you depends on your type of appointment, your status as a supervisor, and whether you were a “senior official.”

I am an attorney so what special restrictions do I have?

If you are admitted to practice, even if you don’t work for EPA as a lawyer, then be mindful of your bar obligations. All current and former government officials who are lawyers must abide by Rule 1.11 and cannot “switch sides” in the same or substantially related particular matter. The link here is to the American Bar Association’s model rules but look at your own state bar rules. The DC Bar rule 1.11, for example, is very different. All attorneys admitted to practice must also abide by Rules1.6 and 1.7 while employed at EPA, and by Rule 1.9, among others, after you separate from EPA. Do not reveal attorney-client privileged information nor take adverse positions to the federal government (your current client). Some 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; or reviewing and revising draft complaints, briefs, and other similar legal documents. Additionally, attorneys have mandatory reporting obligations under Rule 8.3 if they become aware of another attorney engaging in conduct that raises a substantial question as to that attorney’s honesty, trustworthiness or fitness as an attorney in other respects.

You are advised to seek advice from your state bar counsel about your professional responsibility obligations.

General Outside Activities During Administrative Leave / Activities Related to my EPA Job

Generally, what ethics rules apply to me while I am on administrative leave?

While on administrative leave, you are still an EPA employee. Even though you are not performing official duties, you are required to abide by all of the federal ethics laws and regulations. Whether you want to engage in uncompensated or compensated activities, observe the following:

Seek prior approval of the outside activity if required by 5 CFR 6401.102.
Do not engage in outside employment or any other outside activity that violates a federal statute, such as the representational conflict of interest statutes (18 U.S.C. §§ 203 and 205), the Hatch Act (5 U.S.C. § 7321 – 7326), or the Emoluments Clause of the U.S. Constitution (Article I, Section 9, Clause 8).
Do not misuse your federal position or title, such as referring to your official EPA title while working for an outside entity or sharing non-public information with the outside entity.
Do not personally solicit funds for charitable organizations from subordinates or entities that have matters before the Agency.
Do not solicit, accept or receive political contributions at any time.
Do not serve as an expert witness for anyone other than the United States in a matter in which the United States is a party or has a direct and substantial interest. For service as an expert witness, you must obtain express written prior approval from EPA HQ Ethics.

May I do volunteer work?

Yes, but you cannot represent any outside organization back to the United States on any matter in which the US is a party or has a direct and substantial interest. See 18 U.S.C. § 205. In addition, some volunteer activities may require prior approval pursuant to the EPA supplemental ethics regulation, so check with your deputy ethics official. See 5 C.F.R. 6401.

May I represent others before Congress?

Yes. The representational conflict of interest restrictions do not apply to Congress. Please note, however, that the restriction does apply to federal agencies and departments, federal courts and state courts, if the US is a party to the proceeding or if the US has a direct and substantial interest in the proceeding, even if not a party. See 18 U.S.C. 203 and 205.

While on administrative leave, may I create an invention, file a patent, or start a company to sell my invention?

Because you are still an EPA employee while on administrative leave, there is a presumption of agency ownership over any inventions you make while employed. See 37 C.F.R. § 501.6(a)(3). If the invention relates to your employment – even broadly interpreted – then it will belong to EPA, and you must assign your rights to EPA. If the EPA doesn’t want the rights to the invention, or doesn’t want to patent it, only then can you as the inventor keep the rights and file your own patent application. You will have to disclose the invention to the EPA, then request that EPA’s patent attorney conduct a rights determination to determine whether EPA is in fact the owner of the invention. If the Agency determines that it is not the owner of the invention, or if the Agency decides nevertheless to assign its rights in the invention to the inventor, then you as the inventor can proceed with filing a patent application to protect the invention For questions, please send an email to ftta@epa.gov.

May I write or publish an article while on administrative leave?

Yes, you may do so in your personal capacity, but you may not accept compensation for a writing if it relates to your official duties (e.g., the subject matter deals in significant part with the policies, programs or operations of EPA or any matter to which you have been assigned during the previous one-year period). If you mention your EPA affiliation in the bio, then you need to include other biographical details and a disclaimer. You may need to seek prior approval if published by a third party. To understand whether you need to seek prior approval, review instructions and process for seeking approval here. Consult our Disclaimers Chart for the section on Ethics Disclaimers Chart (pdf) (208.75 KB, May 2025)

No. While in administrative leave, you are no longer performing EPA duties. You cannot continue to work on any official duty writing or publications. That said, there is no federal ethics objection to your being listed as a co-author giving you credit for work that you performed in an official capacity.

If you need to transfer assignments and/or knowledge, do that before you start in administrative leave. Use the Knowledge Retention and Transfer Program for approaches on how to share knowledge among staff. Review similar question here.

May I participate in external advisory groups or workgroups that I did in my EPA capacity while in administrative leave?

It depends on the specific facts. You would need to inform the organization that you are not serving in any official EPA capacity. If they invite you to serve in your personal capacity only, or on behalf of a new employer, then consult with EPA Ethics. We will want to know if any of the other members of the advisory group or workgroup are federal employees because you may not represent others before federal employees. Please note that this answer is limited to your time while in administrative leave only. It does not constitute post-government employment advice, which may yield a different result.

May I attend events or conferences on my own and, if so, may I mention my EPA affiliation?

You may attend and participate in events and conferences in your personal capacity at your own expense, but you cannot state or imply that you are attending as an EPA employee, representing or expressing the views of the Agency or the federal government, or mention your EPA affiliation in a manner that implies that the Agency or the government agrees with your personal views. You cannot include your EPA title on any nametag, or in event information other than as part of general biographical information giving it no more prominence than other aspects of your professional or educational background. You are participating in your personal capacity only, so you cannot be listed in the directory or event materials with your EPA position, title, contact information, etc.

I was invited to participate in a meeting or conference in my official EPA capacity. May I now do that in my personal capacity?

No, you may not convert an invitation extended to you in your official capacity to your personal capacity. The invitation was issued to a representative of the EPA, not to you in your personal capacity. You will instead need to speak to your supervisor and find out if the organization wants you to participate in your personal capacity and, if so, will extend a revised invitation to you. Please note, however, that since the subject matter of the activity directly relates to your official EPA duties, you will need to seek prior approval of the outside activity pursuant to 5 C.F.R. § 6401.103.

May I file Freedom of Information Act (FOIA) requests on behalf of another person or entity?

Yes, in administrative leave, you may file a request for any information available under FOIA. Because the FOIA request seeks routine action (that does not contain an appreciable element of dispute), you may even submit the request on behalf of someone else. But after submission, be careful not to engage in any follow-up communication with the agency, such as clarification of the request or disputing redactions. Those communications on behalf of someone else will be viewed as an intent to influence, which may violate 18 U.S.C. § 205 and 18 U.S.C § 203 (if compensated).

May I advise members of the public on where to find publicly available information about EPA, such as EPA rules, grants, programs, contracts, or policies?

Yes, you may direct the general public to information available on EPA’s public facing websites. That information is not considered non-public.

May I help members of the public interpret publicly available information?

Generally, yes, but you may not represent another before another federal agency or court or disclose non-public or other protected information. If you are an attorney, you may also have bar obligations to consider.

May I share my personal opinions in personal social media or to a news organization?

Yes, so long as you clearly speaking in your personal capacity. Being in administrative leave status does not curtail your rights under the First Amendment, though you are still subject to the prohibitions in the Hatch Act, misuse of position and the representational conflict of interest statutes. Do not, for example, identify yourself solely with reference to your EPA position and title or otherwise in a manner that implies that you are speaking on behalf of the Agency.

May I monetize my social media accounts?

Yes, but you can’t personally solicit contributions from your subordinates, or anyone known to you to be regulated by, seeking, or doing business with the EPA. You may not use your EPA position, title, or authority in connection with fundraising.

May I still attend Toastmasters meetings even though the meetings occur during the day at EPA? I understand that an EPA employee would have to enter me in the Visitor Management System.

Yes.

In my personal capacity, may I attend the virtual Emissions Inventory Conference (that is hosted by my EPA team and is free and open to everyone)?

Yes, you may attend in your personal capacity only.

Gifts, Donations & Fundraising

Do the federal gift rules still apply to me if I accept deferred resignation and am placed on administrative leave?

Yes. All the ethics rules, including the gift rules at 5 C.F.R. § 2635 Subparts B (Gifts from Outside Sources) and C (Gifts Between Employees) still apply to you during this period, to include the exclusions to the definition of “gift” and the exceptions. You still cannot receive a gift of more than $10 from a subordinate or a federal employee who makes less money than you, and you still can’t give a gift of more than $10 to a superior or a federal employee who makes more money than you, unless an exception applies. In addition, you must continue to abide by the rules regarding “gifts from outside sources” and cannot accept gifts of more than $20 given to you because of your official position (even though you are in administrative leave status) or from a prohibited source of the Agency’s, unless an exception applies. If you are offered a gift covered by these rules during a period of administrative leave, you should consult with your deputy ethics official or contact ethics@epa.gov.

Are pro bono legal services accepted or solicited in connection with my federal employment considered gifts subject to the federal ethics rules?

Yes. Pro bono legal services are legal services provided without charge, or for less than market value, and are considered a gift under the federal ethics rules. See 5 C.F.R. § 2635.204(n); 5 C.F.R. § 2635.1003. Legal services include work performed by attorneys as well as under the supervision of attorneys for a client (e.g., attorney services, court filing fees, and expert witness costs). Pro bono legal services can be in-kind (e.g., donated directly from a legal service provider like a law firm or non-profit) or payments from a 501(c)(3) organization to an outside attorney or law firm for their legal services representing you. See 5 C.F.R. § 2635.1009(a)-(b).

Most in-kind legal services or payments for legal services require prior written approval from the Designated Agency Ethics Official or the Alternate Designated Agency Ethics Official, pursuant to 5 C.F.R. § 2635.1009(a)-(b). However, certain pro bono legal services provided in connection with your federal employment may be acceptable under other exclusions or exceptions to the gift rules in 5 C.F.R. § 2635, Subpart B. For example, if your parents or spouse are paying for your legal services, the close personal relationship exception at 5 C.F.R. § 2635.204(b) may apply. Additionally, if legal services are offered to you by unions or other employee organizations, and you are eligible to receive those benefits under the rules established by the entity’s governing documents, then the exception at 5 C.F.R. § 2635.204(c)(2)(iv) may be applicable. Before applying these gift rules to yourself, please consult with EPA Ethics.

May I solicit or accept in-kind pro-bono legal services in connection with my federal employment?

It depends. In-kind pro bono legal services are those donated directly from an entity. 5 C.F.R. § 2635.1009)(a). Employees may only accept in-kind pro bono legal services from an individual attorney who is not an agent of a foreign government or a lobbyist, and who does not have interests that may be substantially affected by the performance or non-performance of the employee’s official duties. 5 C.F.R. § 2635.1009(a)(1). In addition, the offering attorney’s employer must not have interests that may be substantially affected by the performance or nonperformance of an employee’s official duties. Id.

Before you accept in-kind pro bono legal services, you must obtain the express written approval of the Designated Agency Ethics Official or the Alternate Designated Agency Ethics Official. Please write to ethics@epa.gov with your request. In doing so, you must identify the firm or lawyer providing the services and affirm that:

They are not an agents of a foreign government;

They are not foreign nationals;

They are not registered lobbyists; and

They do not have interests that may be substantially affected by the performance or nonperformance of your official duties.

If you are a public financial disclosure filer and the gift of pro bono legal services exceeds $480, you must report this on your next financial disclosure form (your Termination Report).

May I solicit or accept payments from a 501(c)(3) organization to pay for legal services in connection with my federal employment?

It depends. Only 501(c)(3) organizations that were established for more than two years and do not have interests that may be substantially affected by the performance or non-performance of an employee’s official duties may pay for legal services in connection with an employee’s federal employment. See 5 C.F.R. § 2635.1009(b). The 501(c)(3) organization, the legal services provider that the organization pays for legal services, and the individual attorney providing legal services must meet the requirements described 5 C.F.R. § 2635.1002(a). See 5 C.F.R. § 2635.1009(b).

Before you accept such payments, you must obtain the express written approval of the Designated Agency Ethics Official or the Alternate Designated Agency Ethics Official. Please write to ethics@epa.gov with your request. In doing so, you must provide the following information:

The name of the 501(c)(3) entity and your affirmation that:

It was established more than two years ago;

It does not have interests that may be substantially affected by the performance or nonperformance of your official duties; and

The identity of the firm or lawyer providing the services and your affirmation that:

They are not an agents of a foreign government;

They are not foreign nationals;

They are not registered lobbyists;

They do not have interests that may be substantially affected by the performance or nonperformance of your official duties.

See 5 C.F.R. § 2635.1009(a)-(b).

If you are a public financial disclosure filer and the gift of pro bono legal services exceeds $480, you must report this on your next financial disclosure form (your Termination Report).

May I create a legal expense fund for a matter in connection with my federal employment?

Yes, depending on how the legal expense fund is structured and organized. Because the ethics issues concerning private legal expense funds are complicated, please consult with ethics@epa.gov.

May I accept donations from friends and family to support me financially while I am on administrative leave?

Yes, you may accept gifts, such as monetary donations, that are based on personal relationships, as long as the circumstances make clear that the relationship is the motivating factor, rather than your federal position. 5 C.F.R. § 2635.204(b). That said, you cannot solicit or accept gifts from a prohibited source of the Agency’s nor given because of your official position. Do not refer to your EPA position or title in connection with fundraising.

May I or another person on my behalf set up a fundraiser to support me financially while I am on administrative leave?

It depends. You, or someone on your behalf, may not solicit a gift, including crowdfunding, based on your federal employment status. 5 C.F.R. § 2635.202. Any solicitations cannot include your EPA affiliation, title, or status as a federal employee. You may never receive gifts from prohibited sources or subordinates. You would need to return any donations that came from subordinates or prohibited sources. As a reminder, a prohibited source is any person who 1) is seeking action from EPA, 2) does or seeks to do business with EPA, 3) conducts activities regulated by EPA, 4) has interests that can be affected by the performance or non-performance of your official duties, or 5) is an organization the majority of whose members are in any of those classes. See 5 C.F.R. § 2635.203(d)

May I or another person on my behalf set up a fundraiser to start my own business while I am on administrative leave?

It depends. You, or someone on your behalf, may not solicit a gift, including crowd-sourced fundraising, based on your federal employment status. 5 C.F.R. § 2635.202.  Any solicitations cannot include your EPA affiliation, title, or status as a federal employee.  You may never receive gifts from prohibited sources or subordinates.  You would need to return any donations that came from subordinates or prohibited sources. As a reminder, a prohibited source is any person who 1) is seeking action from EPA, 2) does or seeks to do business with EPA, 3) conducts activities regulated by EPA, 4) has interests that can be affected by the performance or non-performance of your official duties, or 5) is an organization the majority of whose members are in any of those classes. 5 C.F.R. § 2635.203(d). 

Can I deliver pizza to my friends during lunch time (at the EPA) and eat lunch with them?

While you are on the DRP, you are still a federal employee, so you and your EPA friends are still bound by the “gifts between employees rules.” Typically, you can’t give a gift exceeding $10 to anyone who makes less money than you or who is up your supervisory chain. In addition, anyone who makes more money than you or is your superior cannot accept a gift of more than $10 from you. That said, it seems that your intention is to share the food among several employees, so we’ll apply the exception at 5 CFR 2635.304(a)(2) for “food and refreshments to be shared in the office among several employees.” In answering this question, it is assumed that you will not be asking anyone to donate to the pizza cause but rather paying for it/them yourself.

Political Activity & Political Fundraising (Hatch Act)

Does the Hatch Act still apply to me when I am on administrative leave?

Yes. The Hatch Act applies under the same terms as your current appointment, e.g., as a “less” or “further restricted” employee. Here is the Hatch Act Chart which provides guidance on the most common types of political activity.

Am I allowed to engage in political activity while on administrative leave?

Yes, to the extent permitted by your current appointment. “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. These are 24/7 restrictions. You can never:

Solicit, accept, or receive political contributions

Run as a candidate for partisan political office

Use your EPA affiliation or title in connection with political activity

Coerce subordinates to engage in political activity

Accept volunteer services from a subordinate

Use your official authority to interfere with the outcome of an election

Solicit or discourage political activity of anyone with business before EPA

Who is “further restricted” under the Hatch Act?

If you are career SES or an Administrative Law Judge, then you are “further restricted” and cannot engage in political management or serve in any political organization until you separate from EPA. In short, you may not act in concert or coordination with a candidate for partisan political office, a partisan political party, or partisan political group, even on your own time. See 5 C.F.R. Part 734.401(a)(18) and (19). If you are a Public Health Service Officer, then you are also further restricted by HHS policy

Public Financial Disclosure – Information for current filers

How do I know if I am a public financial disclosure filer?

Certain career and political employees are designated as “public filers,” so they file the OGE Form 278e (not the e450 or any other confidential financial disclosure report) in the online financial disclosure system, INTEGRITY, that EPA Ethics (not a local Deputy Ethics Official) maintains. You are a public filer if you are a career employee in the following positions (or are acting in the position on official paperwork):

Positions classified above GS-15;
Positions for which the rate of basic pay is fixed, other than under the General Schedule, at a rate equal to or greater than 120% of the minimum rate of basic pay for a GS-15;
Administrative Law Judges.

Do I need to file my annual report that is due May 15?

Yes. If you need 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.

Do I need to file my termination report after I separate from EPA?

Yes, assuming that you will separate from EPA after August 13, 2025. If so, 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 go on administrative leave ). This report will cover CY 2025 only. Because you will no longer have access to your EPA PIV card or EPA email, you must provide EPA Ethics with your personal email address so that we can change your INTEGRITY user ID. As always, there is a $200 late filing fee if you file the report more than 30 days after the due date.

Do I need to file periodic transaction reports (278T)?

While you are in administrative leave, EPA Ethics has determined that we will not require you to file periodic transaction reports (278T). Instead, you will report any transactions on your termination report, and we will waive the late filing fees. If you are still performing your official duties, then you do have to continue to file 278Ts.

Do I need to file a Negotiation Notification Form?

Yes. In addition to any requirement to seek prior approval of outside activity from EPA Ethics, you also have to notify EPA Ethics (ethics@epa.gov) within 3 business days of when you enter into negotiations with any non-federal entity for employment that will continue after your period of administrative leave. See 5 C.F.R. § 2635.607.

The term “negotiation” 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.

What do I need to report about this outside activity on my public financial disclosure report?

Even if uncompensated, you may have to report the outside position in Part 1 of your Termination 278 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.

Do I need to take annual ethics training before I separate from EPA?

No. Whether you separate from EPA on 9/30/25 or 12/31/25, you will cease to be a public filer during the calendar year. You will not have to take the 2025 annual ethics training. See 5 C.F.R. § 2638.308(a).

If I file the confidential financial disclosure report (e450). Anything here apply to me?

No. Confidential Financial Disclosure filers (e450) have no termination financial disclosure reporting obligations once they separate from EPA. The annual filing cycle ended in March 2025.

Requirement to Seek Approval of Your Outside Activities/Employment

Do I need to seek approval of my outside activity or employment?

It depends. As outlined in the EPA supplemental ethics regulations, the following types of outside employment and activities require prior approval from an ethics official:

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

The prior approval requirements apply even if you are in administrative leave and/or the activity is uncompensated. To understand whether you need to seek prior approval, review instructions and process for seeking approval here.

Do I need to seek reapproval of my outside activity or employment if I already have an approval on file for the same activity ?

EPA Ethics recommends to seek reapproval as a prudential matter.

Do I need to seek approval for retail jobs? Yoga instructor? Dog walker?

No.

What does “practicing a profession” mean in the outside activity rules?

A “profession” is a calling that requires specialized knowledge and often long and intensive preparation including instruction in skills and methods as well as in the scientific, historical or scholarly principles underlying such skills and methods. It is characteristic of a profession that those in the profession, through force of organization or concerted opinion, establish and maintain high standards of achievement and conduct, and commit its practitioners to continued study of the field. Consulting and advising with respect to subject matter that is generally regarded as the province of practitioners of a profession are considered a profession. See 5 C.F.R. § 2636.305(b)(1).

How do I seek approval of my outside job/activity while in administrative leave?

Review instructions and process for seeking approval here.

Getting Ethics Advice

What information do I have to provide to EPA Ethics to prove that I am not representing back (in violation of 18 U.S.C. § 205) or being paid out of conflicting funds (in violation of 18 U.S.C. § 203)?

We do not require confirmation. We advise you on the law and expect that you will follow it.

Who enforces these ethics laws against employees?

It is always your responsibility to abide by the federal ethics laws and regulations. Employees who become aware of waste, fraud, abuse, and corruption must disclose such facts to the appropriate authorities, including federal entities such as EPA’s Office of Inspector General and the Office of Special Counsel (in the case of Hatch Act violations). See 5 C.F.R. § 2635.101(b)(11). EPA’s Office of Inspector General may, after its investigation, refer the matter to the Department of Justice for prosecution, while the Office of Special Counsel may bring the case before the Merit Systems Protection Board.

Disciplinary action for violating a federal ethics regulation will not be taken against any employee who engaged in conduct in good faith reliance upon the advice of an agency ethics official, provided that the employee, in seeking such advice, has made full disclosure of all relevant circumstances. If that conduct violates a criminal statute, then reliance on the advice of an agency ethics official cannot ensure that the employee will not be prosecuted under that statute. However, good faith reliance on the advice of an agency ethics official is a factor that may be taken into account by the Department of Justice in the selection of cases for prosecution. See 5 C.F.R. § 2635.107.

However, because laws like the representational conflicts of interest statutes at 18 U.S.C. §§ 203 and 205 are criminal prohibitions, prosecutors do not have to prove willful intent to convict you of the crime. Penalties are more severe for those who engage in the conduct "willfully" as opposed to "incidentally." You can be convicted for receiving or offering illegal compensation, even if you were unaware that you were committing a crime.

Please also remember that disclosures made by an employee to an agency ethics official are not protected by an attorney-client privilege.

If I contact EPA Ethics, how quickly will you respond? What if everyone in the office is RIF’ed or takes the DRP?

We are required by federal law and regulation to provide ethics advice to incoming, current and former EPA employees. We strive to answer questions directed to ethics@epa.gov within two business days.

Must I inform EPA when I start a new job while on administrative leave?

It depends. If you are taking another job while still in administrative leave, then all employees must consider whether you need to seek approval of the outside activity. See 5 C.F.R. § 6401.103.  

For public financial disclosure filers only: If you are career SES, SL/ST, or a Title 42 appointee who files the public financial disclosure report (the OGE 278), then you have an additional obligation to notify EPA Ethics. As soon as public filers take a meaningful step toward reaching an agreement (even if not quite at the point of discussion about actual terms of employment), you must submit the “ Negotiations Notification Form for digital signature (pdf) (840.71 KB, May 2025) ” to ethics@epa.gov within three business days. Our advice is to be ready to submit the negotiation form if they call you for an interview. If after that interview, you are still interested at all, then file the form within 3 business days.  You are “negotiating for employment” when you enter into two-way discussions or communications with another person that is mutually conducted with a view toward reaching an agreement regarding possible employment or compensation.

Must I inform EPA when I start negotiating for a new job after I separate from EPA?

No. Once you separate from EPA and are no longer in an administrative leave status, there is no obligation to inform EPA that you have acquired new employment. That said, the rules you had to follow while in administrative leave will not apply. Now you will be subject to the post-government employment statute at 18 U.S.C. §207, so we encourage you to contact EPA Ethics for advice, especially if your new position is likely to require you to appear before or communicate with government officials on the same matters you worked on as an EPA employee.

What if my new employer requires a “safe harbor” letter? What is that and how do I obtain one?

A “safe harbor” letter is written by EPA Ethics or an ethics official to outline the post-employment conflict of interest for an employee going to work for a specific employer, usually a defense contractor. Because this type of letter covers post-employment issues only, and is fact-specific, we do not issue generic letters, nor will we issue letters for employees in administrative leave unless they specifically understand that terms apply only after they separate from EPA. A safe harbor letter is not applicable to a you if you continue in deferred resignation status while simultaneously working for the company.

Do I need ethics approval of my outside activity / new job?

Maybe. As outlined in the EPA supplemental ethics regulations, the following types of outside employment and activities require prior approval from an ethics official:

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

The prior approval requirements apply still even if you are in administrative leave and/or the activity is uncompensated. To understand whether you need to seek prior approval, review instructions and process for seeking approval here.

After you end administrative leave (i.e., formally separate from your government job)

After I separate from EPA (which I understand is when administrative leave ends), what are the post-employment rules that apply to me?

After you separate from EPA, you will be a former employee subject to the post-employment law at 18 U.S.C. § 207. For example, you are permanently barred from appearing before or communicating 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. Supervisors have an additional restriction, and “senior employees” (e.g., those in the SES, SL, ST, and Title 42 earning a certain pay level) also have a one-year cooling-off period with EPA. Check out these links for the specific information that will apply to you:

Departing EPA for Career GS Non Supervisors (pdf) (285.98 KB, May 2025)

Departing EPA for Career GS Supervisors (pdf) (288.81 KB, May 2025)

Departing EPA for Career SES SL T42 (pdf) (337.79 KB, May 2025)

May I participate in external advisory groups or workgroups that I did in my EPA capacity after EPA separation?

It depends on the specific facts. We would need to know whether any of the other members of the advisory group or workgroup are federal employees and confirm whether your role would be in your personal capacity or on behalf of some new employer.

Primer to Understanding Prohibited Representations While on Administrative Leave

The following information is adapted from a publication created by the U.S. Office of Government Ethics.

18 USC § 203

18 U.S.C. section 203 prohibits you from receiving or seeking to receive any compensation (including legal fees, partnership share, bonuses, or other payments) for representational services to others, before any department, agency, or court (and certain other Government entities), in matters where the United States is a party or has an interest. There are two important things to remember about this prohibition:

It applies if the representational services are provided during the time that you are an executive branch employee, regardless of whether you receive the payment during or after Government service.
It applies whether you provide the representational services yourself or someone else provides them. Keep in mind that there are some exceptions that might apply, depending on your circumstances.

One notable exception would generally allow you, with agency approval, to represent – with or without compensation – your parents, spouse, children, and certain others with whom you have a fiduciary relationship (such as serving as a guardian, trustee or executor). If you foresee receiving compensation for representational services provided by you or someone else, talk with an ethics official. We can advise you about the application of the law and any relevant exceptions.

Examples of restrictions on receiving compensation:

Asim holds outside employment with an accounting partnership. He may not argue for a particular interpretation of the tax code in a dispute between his private client and the IRS. He also cannot receive any partnership share of monies earned by others for representations they made before the IRS, if he was an executive branch employee at the time the representational services were provided.
Greta is an attorney who is about to join the executive branch from a private firm. She may not retain a financial interest in a contingency fee case in which the United States is a party or has a substantial interest. Rather, she must find a way to dispose of her interest in the case prior to assuming federal office.

18 U.S.C. § 205

With some exceptions, 18 U.S.C. section 205 prohibits you from representing anyone other than yourself in claims and other matters before any department, agency, or court (and certain other Government entities) if the United States is a party or has an interest. This representation is prohibited even if it is uncompensated, and regardless of whether it relates to your agency or the work you perform for the Government.

In addition, 18 U.S.C. section 205 prohibits you from:

acting as an agent or attorney for anyone else in bringing a claim against the United States; or
receiving compensation for assisting someone else in bringing a claim against the United States.

It’s important to note that you can always represent yourself. Additionally, there are some exceptions that may apply to your situation. For example, one notable exception would allow you, under certain circumstances and with agency approval, to represent your parents, spouse, children, and certain others with whom you have a fiduciary relationship (such as serving as a guardian, trustee or executor). If you are thinking about engaging in any activity that may implicate 18 U.S.C. section 205, talk with an ethics official. We can advise you about the application of the law and any relevant exceptions.

Examples of representational restrictions:

Clarence, a Government IT specialist, may not call the Social Security Administration on behalf of a neighbor (even if he will not be paid by the neighbor) to assist her in her appeal of a denial of benefits.
Hannah is a Government attorney. She could not provide free representation in court to a nonprofit organization in connection with a lawsuit involving the enforcement of 501(c)(3) tax-exempt status by the federal Government.

More References

For a deeper dive into these criminal statutes, EPA Ethics recommends reviewing the following training courses from the U.S. Office of Government Ethics.

18 U.S.C. § 205(a)(2): From Doctrine to Implementation

In this one-hour distance learning event, OGE staff discuss the elements of 18 U.S.C. § 205(a)(2) and provide specific examples to help participants understand the nuances of the prohibition.

Course Webpage Course PowerPoint Course Job Aid: 18 USC 205 Flowchart

18 U.S.C. § 203: Receipt of Compensation for Representational Services

In this 1-hour broadcast, OGE’s Ethics Law and Policy Branch discuss 18 U.S.C. § 203, which prohibits compensation for certain representational activities. This session presents an overview of the elements, as well as provides examples that illustrate the nuances of the prohibition. It will also explain how the prohibition applies not only to current employees, but also to those who are entering government service and leaving government service.

Course Webpage Course PowerPoint

18 U.S.C. §§ 203 & 205: Restrictions on Compensation for Representational Services & the Personal Fiduciary Exception

Subject matter experts from OGE’s Ethics Law and Policy Branch will discuss two separate issues related to 18 U.S.C. §§ 203 and 205. First, the panel will explain how the prohibitions at 18 U.S.C. §§ 203 and 205 can impact pay arrangements for incoming and outgoing employees who work as attorneys, lobbyists, or otherwise represent others before the government. OGE’s expert staff will describe how to identify potentially problematic pay arrangements, why they are problematic under the conflict-of-interest laws, and what steps can be taken to avoid inadvertent violations. Second, the presenters will discuss OGE Legal Advisory LA-24-05, which provides guidance on the exception to 18 U.S.C. §§ 203 and 205 that permits employees to act as a guardian, executor, trustee, administrator, or other personal fiduciary of a person or their estate.

Course Webpage Course PowerPoint Legal Advisory LA-24-12

Ethics Frequently Asked Questions About Administrative Leave

Before you go on administrative leave (i.e., while you are still working at EPA)

While in administrative leave status (i.e., before government separation)

Seeking Employment

Accepting Employment

General Outside Activities During Administrative Leave / Activities Related to my EPA Job

Gifts, Donations & Fundraising

Political Activity & Political Fundraising (Hatch Act)

Public Financial Disclosure – Information for current filers

Requirement to Seek Approval of Your Outside Activities/Employment

Getting Ethics Advice

After you end administrative leave (i.e., separate from your government job)

Primer to Understanding Prohibited Representations While on Administrative Leave

Before you go on administrative leave (i.e., while you are still performing official duties at EPA)

While in administrative leave status (i.e., before formal separation from EPA)

Seeking Employment

Accepting Employment

General Outside Activities During Administrative Leave / Activities Related to my EPA Job

Gifts, Donations & Fundraising

Political Activity & Political Fundraising (Hatch Act)

Public Financial Disclosure – Information for current filers

Requirement to Seek Approval of Your Outside Activities/Employment

Getting Ethics Advice

After you end administrative leave (i.e., formally separate from your government job)

Primer to Understanding Prohibited Representations While on Administrative Leave

Freedom of Information Act (FOIA)