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  2. Lapses in Appropriation

Ethics Guidance During a Lapse in Appropriations

In the event of a lapse in appropriations, all EPA employees in a non-pay status, whether required to work or not, continue to be subject to all of the ethics laws and regulations, including the criminal conflict of interest statutes, the standards of ethical conduct for executive branch employees and EPA supplemental standards of ethical conduct. In addition, the Hatch Act rules regarding political activities continue to apply to employees. The following information highlights what you need to know in the event of a lapse in appropriations.

Fundraising & Gifts

Learn about Fundraising & Gift Acceptance during Lapse in Appropriations.

Hatch Act

The Hatch Act governs, whether and how EPA employees may engage in political activity, which is defined as any activity directed toward the success or failure of a partisan candidate, political party or partisan political group. How the Hatch Act applies to you depends on your type of appointment. Most employees are "lesser-restricted" while some are "further-restricted":

  • PAS: Appointed by the President and confirmed by the Senate (Administrator, Deputy Administrator, Assistant Administrators, Chief Financial Officer, General Counsel, Inspector General) (does not include individuals who are acting in these positions)
  • Lesser-restricted: Most employees
    (GS, Administratively Determined, SL/STs, Title 42, Schedule C, non-career SES)
  • Further-restricted: Some employees
    (Career SES, Administrative Law Judges, and Public Health Service officers)

 Find out more about How the Hatch Act affects you during a lapse in appropriations

Social Media and the Hatch Act

Employees should review important social media guidance during a lapse in appropriation (shutdown) applicable to their appointment by using the following:

  • Social Media and the Hatch Act for Lesser-Restricted Employees
  • Social Media and the Hatch Act for Further-Restricted Employees

The Office of Special Counsel (OSC) has exclusive jurisdiction over the Hatch Act . Visit OSC.gov for more information.

Outside Employment

Read more about outside employment during a lapse in appropriations.

Ethics questions about a lapse in appropriations may be emailed to ethics@epa.gov 

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 to ask a question, provide feedback, or report a problem.
Last updated on February 25, 2025
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