Special government employee

In United States federal law, a special government employee (SGE) is an advisor, expert or consultant who is appointed to work with the federal government. The role of special government employees is defined in Title 18 of the United States Code (U.S.C.) § 202.^[a]

The SGE category was created by Congress in 1962 and was aimed at allowing the federal government to take advantage of outside experts who are employed in the private sector.^[2] The Office of Government Ethics has stated that "SGEs were originally conceived as a 'hybrid' class, in recognition of the fact that the simple categories of 'employee' and 'non-employee' are no longer adequate to describe the multiplicity of ways in which modern government gets its work done."^[2] Although the SGE term includes the word "employee", some SGEs are not paid (by the federal government) for the services they provide.^[2] SGEs may only be "retained, designated, appointed, or employed" by the government for "not more than 130 days" during any consecutive 365-day period.^[2][3]

Many SGEs have limited roles on federal advisory committees.^[3] A 2016 Government Accountability Office found that over the decade from 2005 to 2014, the federal government had an average of roughly 2,000 SGEs in any given year, with a low of about 500 (in 2013) and a high of about 3,100 (in 2009).^[4] SGEs have a variety of roles, depending on the agency; for example, Department of Justice SGEs included attorneys with the September 11th Victim Compensation Fund, Department of Health and Human Services SGEs included medical professionals associated with the National Disaster Medical System, and National Science Foundation and Nuclear Regulatory Commission SGEs include scientists and technical experts.^[4] In 2013, there were only 50 SGEs that had roles other than as members of federal advisory committees, and 15 of the 50 were unpaid.^[2]

SGEs are subject to some federal ethics rules, but are exempt from others.^[3] SGEs are exempt from Federal Acquisition Regulation 3.601, which states that a contracting officer may not knowingly award a contract to a government employee or to an organization owned or substantially owned by one or more government employees.^[5] If a contract were to arise directly out of the special government employee's advisory services, or the appointment could be influenced by the special government employee, or another conflict of interest were to affect the appointment, then the prohibition would still apply.^[5]

SGEs are subject to financial reporting requirements. An SGE who is expected to work more than 60 days in a year and is paid at least 120% of the minimum for a GS-15 must file similar reports as a regular employee.^[6] SGEs who do not meet both the 60 day and pay requirements must file confidential financial disclosures unless their position entails only a remote possibility of a conflict of interest or is low enough to make reporting unnecessary.^[6]

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