The Stop Trading on Congressional Knowledge Act of 2012 (STOCK Act) imposed additional obligations upon executive branch filers of the public financial disclosure report, the OGE-278. Among other things, the Act requires that EPA’s public filers submit written notification to the Office of General Counsel/Ethics of any negotiation for or agreement of future employment or compensation with any non-federal entity within three business days after commencement of the negotiation or agreement.  In addition, public filers must file a written recusal statement. 

EPA Ethics Advisory 2012-04 provides for a standard notification format for you to use that will fulfill both of these obligations. Forms should be submitted to 278forms@epa.gov.  (P.S. these forms are not subject to the public posting requirements of Section 11 of the STOCK Act.  OGC/Ethics will not release post-employment negotiation or agreement and recusal statements under the Freedom of Information Act.)

The STOCK Act notification requirement is triggered when public filers “negotiate” for post-EPA employment.  For this purpose, a “negotiation” is a bilateral communication between the public filer and a prospective employer that is mutually conducted with a view toward reaching an agreement regarding possible future employment or compensation.  Given this broad definition, OGC/Ethics recommends that public filers regard the first interview as the beginning of negotiations.