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  2. Lapses in Appropriation
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Ethics Issues During a Lapse of Appropriations: Hatch Act Reminders

Political Activity

Any activity directed at the success or failure of a candidate for partisan election, a political party, or political group.

Even if EPA experiences a lapse of appropriations, you are still subject to the Hatch Act, which governs the political activity of federal employees even in your personal capacity. You cannot use official authority to interfere with the results of an election, and you have restrictions about engaging in political activity.

The following prohibitions apply to all employees, all the time. These are 24/7 restrictions. You can never ever:

  • 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 telework locations (during work hours)
  • 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

How the rest of the Hatch Act applies to you depends on your type of appointment. Most employees are lesser restricted while some are further restricted:

Political Appointees with Senate Confirmation (PAS) Lesser restricted Further restricted
(Administrator, Deputy Administrator, Assistant Administrators, Chief Financial Officer, General Counsel, Inspector General) Most employees (GS, Administratively Determined, SL/STs, Title 42, Schedule C, non-career SES) Some employees (Career SES, Administrative Law Judges, and Public Health Service officers)

Political Activities and Federal Employees

The Hatch Act regulates the political activities of executive branch employees, excluding the President and Vice President. The following table summarizes what political activities EPA employees can and cannot do based on their appointment.

Personal (off premises and off duty)

Type of Activity PAS* Non-Career SES, Schedule C*, Title 42, SL/ST, AD*, GS, Other Career SES, ALJs
Express support for or opposition to a political candidate when off duty Yes Yes Yes
Run as a partisan candidate for nomination or office in a partisan election No No No
Solicit and accept contributions for your campaign in a non-partisan election Yes Yes Yes
Solicit a contribution from a member of your union N/A Yes N/A
Work a phone bank asking individuals to volunteer Yes Yes No
Campaign on behalf of a candidate in a partisan election Yes Yes No
Be active on behalf of a candidate at political rallies or meetings Yes Yes No
Attend political rallies and meetings Yes Yes Yes
Contribute money to political organizations Yes Yes Yes
Work in non-partisan voter registration drives Yes Yes Yes
Work in partisan voter registration drives Yes Yes No
Register and vote Yes Yes Yes
Sign a nominating petition Yes Yes Yes
Distribute campaign material in a partisan election Yes Yes No
Work as an election judge, poll watcher, clerical worker on election day, even compensated on that day for that work Yes Yes Yes
Drive people to polling station on behalf of a campaign Yes Yes No

Affecting Official Resources

Type of Activity PAS* Non-Career SES, Schedule C*, Title 42, SL/ST, AD*, GS, Other Career SES, ALJs
Use office time for political activity Yes; IG-No No No
Use official space for political activity in general Yes; IG-No No No
Use official authority to interfere with an election No No No

Fundraising

Type of Activity PAS* Non-Career SES, Schedule C*, Title 42, SL/ST, AD*, GS, Other Career SES, ALJs
Attend a political fundraiser Yes Yes Yes
Solicit, accept or receive political contributions in general No No No
Solicit or receive a political contribution on government premises No No No
Plan or organize a political fundraiser when off duty Yes Yes No
Sponsor, host, or allow your name as sponsor/host for a political fundraiser No No No
Serve drinks or check coats at a political fundraiser Yes Yes No
Speak at a partisan fundraiser without appealing for money Yes Yes No
Allow only your name to be listed as speaker on fundraising invitation Yes Yes No

*PAS = Political Appointee Confirmed by the Senate; Schedule C = political appointees not confirmed by Senate; AD = Administratively Determined; SES = Senior Executive Service. PHS Officers are subject to 45 CFR Part 73, Subpart F, which is most similar to the Career SES/ALJ column.

Lapses in Appropriation

  • Contingency Plans
  • Unemployment Resources
  • Ethics Resources
    • Outside Employment
    • Ethics Issues
    • Social Media: Further Restricted Employees
    • Social Media: Lesser Restricted Employees
    • Fundraising/Gift Acceptance
Contact Us about Lapses in Appropriation
Contact Us about Lapses in Appropriation to ask a question, provide feedback, or report a problem.
Last updated on January 29, 2025
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