Representation Issues

It's possible that you may be interested in representing your host organization back to the Government while you are on an IPA assignment. May you do this? The answer is: maybe (but maybe not).

In general, under 18 U.S.C. 203 and 18 U.S.C. 205 (both criminal statutes), Government employees may not represent another organization back to the Government on a particular matter. This applies to matters of general applicability (such as rulemakings) as well as to matters that involve specific parties (such as contracts or assistance agreements).

BUT...this prohibition does NOT apply to a Government employee on an IPA assignment, provided that such representational activity is a part of your official duties in the IPA assignment. This means that this representational activity MUST be part of your IPA's scope of work. In other words, you need to get it in writing that this is an activity that you may be involved in.

More information may be found in EPA Ethics Advisory 87-02 (link to PDF file of 87-02), EPA Ethics Advisory 07-03 (link to PDF file of 07-03) and the Department of Justice's Office of Legal Counsel's opinion (internet link to OLC opinion).