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Learn MoreGovernment Ethics and the Hatch Act: Federal Rules
Government Ethics and the Hatch Act: Federal Rules
Master the 14 ethics principles, gift rules, conflicts of interest, financial disclosure, and political activity limits
New
Created byShamir George
Last updated 5/2026
English
What you'll learn
- Recite all 14 Standards of Ethical Conduct for Employees of the Executive Branch under 5 CFR 2635
- Apply the gift rules to real workplace scenarios including the key exceptions and aggregation limits
- Identify conflicts of interest and impartiality obligations under 18 U.S.C. 208 and 5 CFR 2635.502
- Recognize misuse of position violations including improper use of government resources and nonpublic information
- Complete financial disclosure obligations correctly under OGE Form 278 and OGE Form 450 requirements
- Navigate outside employment and activity rules including teaching, writing, speaking, and compensation limits
- Apply post-employment revolving door restrictions under 18 U.S.C. 207 to former federal service situations
- Determine what political activities are permitted and prohibited for federal employees under the Hatch Act
Explore related topics
Course content
6 sections • 31 lectures • 53m total length
- Why Federal Ethics Matters9:24Federal employees hold a public trust, and the ethics rules exist to preserve citizen confidence in government decisions. This lecture explains how a single ethics misstep can derail a career, trigger headlines, and undermine an entire agency's credibility, then walks through real-world categories of violations such as accepting prohibited gifts, leaking nonpublic information, and using a government position for personal gain. The learner will see how the modern ethics regime was built in response to specific historical scandals, including the post-Watergate Ethics in Government Act of 1978, and how that history shapes today's rules under 5 CFR Part 2635 and 18 U.S.C. sections 201 through 209. The tone should be motivational and grounded, framing ethics not as bureaucratic compliance but as the operational foundation of legitimate public service.
- The 14 Principles of Ethical Conduct6:20This lecture unpacks the fourteen Principles of Ethical Conduct codified at 5 CFR 2635.101(b), which every executive branch employee must follow. Walk the learner through each principle in plain language, including the prohibition on using public office for private gain, the duty to act impartially, the rule against using nonpublic information, the duty to protect federal property, the obligation to satisfy just financial obligations, the requirement to disclose waste and abuse, and the catch-all directive to avoid even the appearance of impropriety. Use concrete federal workplace scenarios for each principle. Close by reinforcing that these fourteen principles are the lens through which all subsequent ethics rules should be read.
- The Ethics Infrastructure: OGE, DAEOs, and OSC8:39Federal ethics is administered through a layered structure, and this lecture maps that structure for the learner. Introduce the U.S. Office of Government Ethics (OGE) as the executive branch policy office that issues 5 CFR Part 2635 and oversees agency ethics programs. Explain the role of the Designated Agency Ethics Official (DAEO) and Alternate DAEO at every agency, who counsel employees, review financial disclosures, and approve waivers. Distinguish OGE from the U.S. Office of Special Counsel (OSC), which has jurisdiction over Hatch Act enforcement and whistleblower protection, and from agency Inspectors General who investigate misconduct. Clarify which office to call for which question, and emphasize that confidential ethics advice from a DAEO can serve as a safe harbor under 5 CFR 2635.107.
- Criminal Conflict-of-Interest Statutes: 18 U.S.C. 201-20910:05This lecture surveys the core criminal statutes that sit underneath the regulatory ethics rules. Cover 18 U.S.C. 201 on bribery and illegal gratuities, 18 U.S.C. 203 on representation before federal agencies for compensation, 18 U.S.C. 205 on acting as an agent or attorney against the United States, 18 U.S.C. 207 on post-employment restrictions, 18 U.S.C. 208 on acts affecting a personal financial interest, and 18 U.S.C. 209 on supplementation of federal salary. For each statute, identify the prohibited conduct, who is covered, and the penalty range, which can include fines, disgorgement, debarment, and imprisonment up to fifteen years for bribery. Emphasize that these are felony statutes that operate independently of agency discipline and OGE regulations.
- Section 1 Quiz
- Penalties, Discipline, and Career Consequences7:31Walk the learner through the full spectrum of consequences that can follow an ethics violation, organized from least to most severe. Begin with informal counseling and written warnings, then move to administrative discipline under 5 U.S.C. Chapter 75. Cover civil penalties under 18 U.S.C. 216, which can reach the greater of fifty thousand dollars per violation or the amount of compensation involved, plus injunctive relief. Address criminal prosecution by the Department of Justice for the Title 18 offenses, including potential prison sentences. Discuss collateral consequences such as loss of security clearance, debarment from federal contracting, bar discipline for attorneys, and reputational damage that follows employees into the private sector. End with the reminder that ignorance of the rules is not a defense.
- What Counts as a Gift Under 5 CFR 2635.2037:08Before applying any gift rule, the learner must understand the regulatory definition of a gift. This lecture unpacks 5 CFR 2635.203, which defines a gift broadly to include any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value, including travel and meals. Walk through the items that are explicitly excluded from the definition, such as modest items of food and refreshments offered other than as part of a meal, greeting cards and items of little intrinsic value intended solely for presentation, commercial loans on terms generally available to the public, and anything for which market value is paid. Use examples like a coffee at a conference, a logo pen, a free conference registration, and a discounted hotel room to test the learner's intuition.
- The $20 / $50 Rule and Aggregation6:46This lecture focuses on the most-cited gift exception, the de minimis rule at 5 CFR 2635.204(a). Explain that an employee may accept unsolicited gifts with a market value of twenty dollars or less per source per occasion, provided the total value of gifts from any one source does not exceed fifty dollars in a calendar year. Cover the prohibition on accepting cash or investment instruments under any circumstances, the rule that the employee must pay the excess if a gift exceeds twenty dollars rather than accepting it in part, and how to aggregate gifts from a single source across multiple occasions. Use scenarios such as repeated lunches from a vendor, holiday gift baskets, and concert tickets from a regulated party to show how the math actually works in practice.
- The Other Gift Exceptions: Awards, Widely Attended Events, and More10:16Beyond the twenty-dollar rule, 5 CFR 2635.204 lists additional exceptions that allow acceptance of gifts under specific conditions. Cover gifts based on personal relationships, discounts and similar benefits available to broad classes, awards and honorary degrees, gifts based on outside business or employment relationships, widely attended gatherings under the agency interest determination process, social invitations from non-prohibited sources, and gifts authorized by supplemental agency regulation. For each exception, explain the conditions, any required written determination, and common pitfalls. Stress that even when a gift is permitted, the appearance standard at 5 CFR 2635.201(b) may still counsel against acceptance.
- Gifts Between Federal Employees8:58Gifts among federal employees are governed by 5 CFR 2635 Subpart C, and this lecture explains the distinct rules that apply when one employee gives a gift to another. Cover the general prohibition on giving a gift to an official superior or accepting a gift from a lower-paid employee, then walk through the exceptions for gifts of ten dollars or less on occasions when gifts are traditionally given, food and refreshments shared in the office, personal hospitality at a residence, and gifts appropriate to the occasion of marriage, illness, or retirement. Use scenarios such as boss birthday cards, group retirement gifts, and baby shower contributions to make the rule concrete.
- Foreign Gifts and the Foreign Gifts and Decorations Act7:28Federal employees who interact with foreign governments are subject to a separate gift regime under the Foreign Gifts and Decorations Act. This lecture explains that an employee generally may not accept any gift of more than minimal value from a foreign government, with minimal value set by GSA regulation and adjusted every three years. Walk through the categories of permissible acceptance, including gifts of minimal value as a souvenir or mark of courtesy, gifts that would cause embarrassment to refuse, and educational scholarships or medical treatment. Explain the requirement to report and deposit gifts above the threshold, the role of the agency protocol office, and how the rule interacts with the standard 5 CFR 2635 gift rules when the donor is a foreign business rather than a foreign government.
- Refusing, Returning, and Reporting Gifts9:48Even careful employees occasionally receive a gift they cannot keep, and this lecture teaches the proper handling protocol. Walk through the four standard options under 5 CFR 2635.205, which are returning the gift, paying the donor its market value, donating a perishable gift to charity or sharing it within the office, and for tangible items destroying the item. Explain when employees must report gifts on their financial disclosure forms, the recordkeeping expectations for foreign gifts deposited with the agency, and how to document a refusal or return for the file. Use a concrete script for politely declining a vendor gift, and address the awkward but common situation of a gift arriving by mail without a return address.
- Section 2 Quiz
- Financial Conflicts of Interest Under 18 U.S.C. 2089:03This lecture is the deep dive on the central criminal conflict-of-interest statute, 18 U.S.C. 208, and its implementing regulation at 5 CFR Part 2635 Subpart D and 5 CFR Part 2640. Explain that the statute prohibits an executive branch employee from participating personally and substantially in any particular matter that would have a direct and predictable effect on the employee's own financial interests, or those of a spouse, minor child, general partner, organization in which the employee serves, or person with whom the employee is negotiating prospective employment. Walk through what counts as personal and substantial participation, how to identify imputed financial interests, and the difference between a particular matter involving specific parties and a particular matter of general applicability. Cover regulatory exemptions for de minimis interests, mutual funds, and certain employee benefit plans.
- Impartiality and the Appearance Standard7:42Even when no statute is violated, an employee may need to step aside to preserve public confidence in the impartiality of government. This lecture covers 5 CFR 2635 Subpart E, including the covered relationships test at 5 CFR 2635.502, which addresses situations where a reasonable person with knowledge of the relevant facts would question the employee's impartiality. Walk through the covered relationships, including household members, relatives with close personal relationships, current or recent employers, and organizations on whose board the employee serves. Explain the process for seeking authorization to participate from the agency designee, the documentation expected, and how this standard interacts with but is distinct from the criminal 18 U.S.C. 208 analysis.
- Misuse of Position Under 5 CFR 2635 Subpart G9:07The misuse of position rules at 5 CFR 2635 Subpart G prohibit employees from leveraging their official authority for private benefit. This lecture covers four core prohibitions: using public office for the private gain of the employee or others, using or permitting the use of nonpublic information for private gain, misusing government property, and misusing official time, including the time of subordinates. Use vivid examples such as an employee asking a subcontractor for a job recommendation, a supervisor directing staff to run personal errands, an analyst sharing pre-decisional rulemaking information with a friend, or an official using a government title to endorse a commercial product.
- Government Property, Time, and IT Resources9:00This lecture zooms in on the practical day-to-day question of what employees may and may not do with government computers, phones, vehicles, copiers, and time. Anchor the discussion in 5 CFR 2635.704 and 2635.705, then layer in the limited personal use policy that most agencies have adopted, which generally permits incidental personal use that does not interfere with official business and does not involve prohibited categories such as gambling, pornography, commercial activity, or political activity. Address sensitive topics including using a government laptop for a side gig, charging a personal device on the office charger, taking home office supplies, and the privacy expectations on government systems under the no expectation of privacy banners.
- Seeking Other Employment While in Federal Service8:04The moment an employee begins job-hunting, additional ethics rules attach under 5 CFR 2635 Subpart F and 18 U.S.C. 208. This lecture explains when employment negotiations are deemed to begin, including the broad definition that covers responding to an unsolicited recruiter inquiry as well as actively applying. Walk through the recusal obligation, which requires the employee to disqualify from any particular matter that would directly and predictably affect the financial interests of the prospective employer, and the heightened written notification requirements for senior procurement officials. Cover how to document the recusal, when to notify a supervisor, and the safe harbor of a written disqualification statement.
- Recusals, Waivers, and Authorizations11:52When a conflict or appearance issue arises, the employee has several procedural tools, and this lecture explains how each one works. Cover the standard recusal or disqualification, in which the employee notifies a supervisor and documents the matters from which they will step aside. Explain individual waivers under 18 U.S.C. 208(b)(1), which require a written determination that the disqualifying interest is not so substantial as to affect the integrity of the employee's services. Walk through regulatory exemptions under 5 CFR Part 2640, the impartiality authorization process under 5 CFR 2635.502(d), and qualified diversified and qualified blind trusts under 5 CFR Part 2634. Stress the importance of obtaining written guidance from the DAEO before acting in any close case.
- Section 3 Quiz
- Public Financial Disclosure: OGE Form 278e6:18This lecture covers the public financial disclosure system administered under the Ethics in Government Act of 1978 and 5 CFR Part 2634. Explain that since 2014 the report is filed electronically as OGE Form 278e through the Integrity system. Identify the filers, including the President, Vice President, presidentially appointed Senate-confirmed officials, members of the Senior Executive Service, and schedule C appointees. Walk through what must be reported, including assets and income, transactions, liabilities, gifts and travel reimbursements, positions held, agreements and arrangements, and compensation in excess of five thousand dollars from a single source. Explain the new entrant, annual, and termination filing triggers and the public posting timeline.
- Confidential Financial Disclosure: OGE Form 4507:08OGE Form 450 is the confidential cousin of OGE-278e, used by employees whose duties create a heightened risk of conflicts but who do not meet the public filer thresholds. This lecture explains the criteria for designation as a confidential filer under 5 CFR 2634.904, which typically captures contracting officers, grants officials, regulatory decision-makers, and others whose government duties involve substantial discretion in matters likely to affect non-federal entities. Walk through each schedule of the form, including assets and income, liabilities, outside positions, agreements and arrangements, and gifts and travel reimbursements, and clarify the reportable thresholds. Cover the new entrant filing within thirty days of assuming the position, the annual filing by February fifteenth, and the agency review process.
- STOCK Act and Periodic Transaction Reports11:03The Stop Trading on Congressional Knowledge Act of 2012 imposed new transparency requirements on financial transactions by senior federal officials. This lecture explains how the STOCK Act amended the Ethics in Government Act to require public filers to report purchases, sales, or exchanges of stocks, bonds, and other securities exceeding one thousand dollars on a Periodic Transaction Report no later than thirty days after the filer learns of the transaction and not more than forty-five days after the transaction itself. Cover what counts as a reportable transaction, the spousal and dependent attribution rules, the exclusions for diversified mutual funds and certain blind trusts, and the late filing fee. Address the increased scrutiny of trades by senior officials and how to use a qualified blind trust to manage exposure.
- Outside Employment, Teaching, Speaking, and Writing7:16Federal employees may hold outside jobs, but only within the limits of 5 CFR 2635 Subpart H and any supplemental agency regulation. This lecture explains the prior approval requirements that many agencies impose, the prohibition under 5 CFR 2635.807 on receiving compensation for teaching, speaking, or writing that relates to the employee's official duties, and the carve-outs for teaching certain courses at accredited institutions. Walk through the analysis of whether an outside activity creates an actual or apparent conflict, the special rules for covered noncareer employees, the prohibition on practicing certain professions before the employing agency, and the use of an official title or position in connection with outside writing or speaking. Use scenarios such as a part-time consulting gig, a paid speaking engagement, and writing a book.
- Honoraria, Compensation, and Fundraising6:33This lecture rounds out the outside activities picture by addressing compensation rules that operate alongside the criminal statutes. Cover 18 U.S.C. 209, which prohibits supplementation of federal salary by an outside source for the employee's government work, and explain the narrow exceptions for bona fide pension and welfare plans. Address the limits on personal fundraising activities under 5 CFR 2635.808, the rules for participating as an officer or director of a nonprofit, and the role of the Combined Federal Campaign as the only authorized on-duty solicitation. Cover the post-United States v. National Treasury Employees Union landscape on honoraria as it applies to most employees.
- Section 4 Quiz
- The Lifetime Switching Sides Bar: 18 U.S.C. 207(a)(1)11:12The most fundamental post-employment restriction is the lifetime ban at 18 U.S.C. 207(a)(1), which prohibits a former executive branch employee from knowingly making, with the intent to influence, any communication to or appearance before the United States on behalf of any other person on a particular matter involving specific parties in which the employee participated personally and substantially while in government. This lecture unpacks each element of that prohibition, including the meaning of personal and substantial participation, what makes a matter one involving specific parties, who counts as another person, and the carve-outs for testifying as a witness and communicating scientific or technological information. Use the classic example of a contracting officer who later represents the very contractor whose contract she negotiated.
- Two-Year and Trade Negotiator Restrictions: 18 U.S.C. 207(a)(2) and (b)7:23Beyond the lifetime bar, 18 U.S.C. 207(a)(2) imposes a two-year restriction on representational activity concerning any particular matter involving specific parties that was actually pending under the former employee's official responsibility during the last year of government service, even if the employee did not personally work on it. This lecture explains the official responsibility test, how it differs from personal participation, and how to identify matters that were pending during the relevant window. The lecture also covers the related two-year restriction at 18 U.S.C. 207(b) on aiding or advising others using nonpublic information regarding ongoing trade or treaty negotiations. Use scenarios that compare the lifetime and two-year bars side by side.
- One-Year Cooling-Off for Senior and Very Senior Employees10:13Senior employees face additional one-year and two-year restrictions designed to prevent the appearance of trading on access. This lecture covers the one-year cooling-off period at 18 U.S.C. 207(c), which prohibits former senior employees from making representational communications or appearances back to their former agency on behalf of any other person regarding any matter on which they seek action. Walk through the two-year ban for very senior employees at 18 U.S.C. 207(d), which extends to communications with any covered executive branch official across multiple agencies. Cover the special government employee rules, agency component designations under 5 CFR 2641.302, and how to determine which agencies count as separate components for senior employees.
- Foreign Entity Representation and Procurement Restrictions13:18This lecture closes out post-employment by addressing two specialized regimes alongside 18 U.S.C. 207. First, 18 U.S.C. 207(f) imposes a one-year restriction on former senior and very senior employees from representing, aiding, or advising a foreign government or foreign political party with the intent to influence official action. Second, the Procurement Integrity Act at 41 U.S.C. 2104 imposes a one-year ban on accepting compensation from contractors when the former employee served in specified procurement roles on a contract over ten million dollars. Explain how to identify a covered procurement role, the disclosure obligations of contractors, the role of post-employment ethics opinion letters, and how to use waivers and divestitures to manage risk before walking out the door.
- Section 5 Quiz
- The Hatch Act of 1939: Origins and Modern Scope9:26The Hatch Act, codified primarily at 5 U.S.C. sections 7321 through 7326 and implemented at 5 CFR Part 734, has shaped the political life of federal employees since 1939. This lecture explains the law's origins in concerns about machine politics and the coercion of federal workers, the major 1993 amendments that loosened restrictions for most executive branch employees, and the law's continuing core purpose of ensuring that federal programs are administered in a nonpartisan manner. Define the Act's coverage, which extends to nearly all executive branch employees including career civil servants, Senior Executive Service members, political appointees, members of the uniformed services who are civilian employees, and most employees of the United States Postal Service.
- Less Restricted vs Further Restricted Employees9:45The Hatch Act creates two tiers of restriction, and identifying the correct tier is the foundation of every Hatch Act question. This lecture distinguishes less restricted employees, who are most of the federal workforce, from further restricted employees, who include those serving in sensitive law enforcement, intelligence, and oversight agencies. Use a decision tree to help the learner classify their own position and that of common colleagues. Explain that misidentifying one's tier is one of the most common sources of inadvertent Hatch Act violations, since further restricted employees must apply a much stricter standard to off-duty political activities.
- What Less Restricted Employees Can and Cannot Do10:49This lecture inventories the political activities permitted and prohibited for the bulk of the federal workforce. Permitted off-duty activities include registering and voting, expressing opinions, contributing to political campaigns and parties, attending rallies and political fundraisers, joining political clubs, distributing campaign literature, and signing nominating petitions. Prohibited activities include using official authority or influence to interfere with an election, soliciting or receiving political contributions in most circumstances, being a candidate for partisan political office, and engaging in political activity while on duty, in a federal building, in a federal vehicle, or while wearing an official uniform or insignia.
- Hatch Act and Social Media8:24Social media is where most modern Hatch Act questions arise, and this lecture distills the guidance issued by the U.S. Office of Special Counsel. Explain the core principles: the same rules that apply offline apply online, political activity conducted while on duty or in a federal workplace is prohibited, and an employee may not use an official social media account for partisan political purposes. Walk through OSC guidance on liking, sharing, and retweeting partisan content, on using personal accounts during the workday including from a personal phone in a federal building, and on the special restrictions surrounding fundraising solicitations. Cover the ban on linking to a campaign donation page, and the prohibition on referring to the official title or position to lend weight to political messages.
- OSC Enforcement, Penalties, and Getting Advice11:22This lecture closes the course by explaining how the Hatch Act is actually enforced and how to seek timely guidance. The U.S. Office of Special Counsel investigates alleged violations, issues advisory opinions on request, and prosecutes cases before the Merit Systems Protection Board. Penalties for federal employees range from a reprimand or suspension to removal from federal service, debarment from federal employment for up to five years, and a civil penalty of up to one thousand dollars. Walk through the OSC complaint process, the role of the Merit Systems Protection Board, and the appeal rights available to a charged employee. Encourage the learner to email OSC at hatchact@osc.gov for written advice before posting, donating, or campaigning, and to keep a copy of any advisory opinion as a defense to later allegations.
- Section 6 Quiz
Requirements
- No prior ethics or legal training required — this course is accessible to all federal employees
- Basic familiarity with U.S. federal government employment is helpful but not mandatory
- Access to 5 CFR Part 2635 is useful for deeper reference but not required to complete the course
Description
This course contains the use of artificial intelligence.
Federal employees are held to a uniquely high standard of conduct. The 14 Standards of Ethical Conduct for Employees of the Executive Branch — codified at 5 CFR Part 2635 — govern everything from accepting a cup of coffee to owning stock in a regulated company. This course walks you through every major rule in the federal ethics framework, using concrete examples drawn directly from the kinds of situations federal employees actually face.
You will begin with the foundations: the legal sources of federal ethics obligations, the role of the Office of Government Ethics (OGE), Designated Agency Ethics Officials (DAEOs), and the criminal conflict-of-interest statutes at 18 U.S.C. 201-209. From there the course moves through the gift rules and their exceptions, impartiality requirements, misuse of position rules, financial disclosure obligations, and restrictions on outside activities and employment. The post-employment revolving-door rules that apply after federal service are covered in full.
The final section is dedicated entirely to the Hatch Act — the law that governs political activity by federal employees. You will learn exactly what is permitted and what is prohibited, how the rules differ by employee category, and what the Office of Special Counsel (OSC) enforces. By the end of this course you will have a thorough, practical command of the federal ethics framework.
Who this course is for:
- Federal employees in the executive branch who must comply with ethics regulations and standards of conduct
- Ethics officials, DAEOs, and agency ethics program staff who advise and train colleagues
- Federal supervisors and managers responsible for maintaining ethical standards in their workplaces
- Political appointees and senior executives subject to heightened financial disclosure obligations
- New federal hires who need a clear and practical introduction to the federal ethics framework