Knowledge (XXG)

Special Government employee

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classified as a special Government employee. Notwithstanding section 29(c) and (d)  of the Act of August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r(c) and (d)), a Reserve officer of the Armed Forces, or an officer of the National Guard of the United States, unless otherwise an officer or employee of the United States, shall be classified as a special Government employee while on active duty solely for training. A Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is voluntarily serving a period of extended active duty in excess of one hundred and thirty days shall be classified as an officer of the United States within the meaning of section 203 and sections 205 through 209 and 218. A Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is serving involuntarily shall be classified as a special Government employee. The terms "officer or employee" and "special Government employee" as used in sections 203, 205, 207 through 209, and 218, shall not include enlisted members of the Armed Forces."
149:, who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed one hundred and thirty days during any period of three hundred and sixty-five consecutive days, temporary duties either on a full-time or intermittent basis, a part-time United States commissioner, a part-time 157:
appointed under chapter 40 of title 28 and any person appointed by that independent counsel under section 594(c) of title 28. Notwithstanding the next preceding sentence, every person serving as a part-time local representative of a Member of Congress in the Member’s home district or State shall be
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may not knowingly award a contract to a Government employee or to an organization owned or substantially owned by one or more Government employees. 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
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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." SGEs may be either paid or unpaid.
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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). SGEs have a variety of roles, depending on the agency; for example,
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18 U.S.C. § 202 provides: "For the purpose of sections 203, 205, 207, 208, and 209 of this title the term "special Government employee" shall mean an officer or employee of the executive or legislative branch of the United States Government, of any
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SGEs may only be "retained, designated, appointed, or employed" by the government for "not more than 130 days" during any consecutive 365-day period.
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in 1962 and was aimed at allowing the federal government to take advantage of outside experts who are employed in the private sector. The
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Legal Sidebar: Advising the President: Rules Governing Access and Accountability of Presidential Advisors
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GAO-16-548: Opportunities Exist to Improve Data on Selected Groups of Special Government Employees
260:, Government Accountability Office (published July 15, 2016, publicly released August 15, 2016). 83:
SGEs are subject to some federal ethics rules, but are exempt from others. SGEs are exempt from
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Clinton Email Fracas Raises Question: What Is a 'Special Government Employee?'
28:) refers to an advisor, expert or consultant who is appointed to work with 257: 32:. The role of special Government employees is defined in 18 U.S.C. § 202. 272: 96:
were to affect the appointment, then the prohibition would still apply.
153:, or, regardless of the number of days of appointment, an 245:, Congressional Research Service (August 6, 2018), p. 3. 68:
SGEs included medical professionals associated with the
288:, published 1 December 2020, accessed 26 December 2020 80:SGEs include scientists and technical experts. 273:Federal Acquisition Regulation 3.601 - Policy 8: 286:U.S. coronavirus adviser Scott Atlas resigns 253: 251: 177:Government employees in the United States 268: 266: 216: 214: 212: 210: 208: 193: 143:independent agency of the United States 133: 66:Department of Health and Human Services 62:September 11th Victim Compensation Fund 238: 236: 234: 7: 182:United States federal civil service 116:(an advisor appointed by President 122:White House Coronavirus Task Force 14: 305:United States federal legislation 104:Notable examples of SGEs include 60:SGEs included attorneys with the 92:Government employee, or another 70:National Disaster Medical System 53:Government Accountability Office 47:Many SGEs have limited roles on 35:The SGE category was created by 20:of the United States, the term " 151:United States magistrate judge 85:Federal Acquisition Regulation 1: 78:Nuclear Regulatory Commission 275:, accessed 26 December 2020 87:3.601, which states that a 74:National Science Foundation 49:federal advisory committees 41:Office of Government Ethics 22:special Government employee 321: 110:Hillary Rodham Clinton 58:Department of Justice 147:District of Columbia 94:conflict of interest 155:independent counsel 89:Contracting Officer 220:Charles S. Clark, 30:federal government 228:(September 2015). 312: 289: 282: 276: 270: 261: 255: 246: 240: 229: 218: 203: 198: 172:Excepted service 159: 138: 100:Notable examples 320: 319: 315: 314: 313: 311: 310: 309: 295: 294: 293: 292: 283: 279: 271: 264: 256: 249: 241: 232: 219: 206: 201:18 U.S.C. § 202 199: 195: 190: 168: 163: 162: 139: 135: 130: 102: 12: 11: 5: 318: 316: 308: 307: 297: 296: 291: 290: 277: 262: 247: 230: 204: 192: 191: 189: 186: 185: 184: 179: 174: 167: 164: 161: 160: 132: 131: 129: 126: 101: 98: 13: 10: 9: 6: 4: 3: 2: 317: 306: 303: 302: 300: 287: 281: 278: 274: 269: 267: 263: 259: 254: 252: 248: 244: 239: 237: 235: 231: 227: 223: 217: 215: 213: 211: 209: 205: 202: 197: 194: 187: 183: 180: 178: 175: 173: 170: 169: 165: 156: 152: 148: 144: 137: 134: 127: 125: 123: 119: 115: 111: 107: 99: 97: 95: 90: 86: 81: 79: 75: 71: 67: 63: 59: 54: 50: 45: 42: 38: 33: 31: 27: 23: 19: 280: 225: 196: 136: 118:Donald Trump 103: 82: 46: 34: 25: 21: 15: 114:Scott Atlas 106:Huma Abedin 18:federal law 188:References 145:or of the 124:in 2020). 16:Under the 284:Reuters, 51:. A 2016 299:Category 166:See also 37:Congress 226:GovExec 120:to the 112:) and 72:, and 128:Notes 76:and 26:SGE 24:" ( 301:: 265:^ 250:^ 233:^ 224:, 207:^ 64:,

Index

federal law
federal government
Congress
Office of Government Ethics
federal advisory committees
Government Accountability Office
Department of Justice
September 11th Victim Compensation Fund
Department of Health and Human Services
National Disaster Medical System
National Science Foundation
Nuclear Regulatory Commission
Federal Acquisition Regulation
Contracting Officer
conflict of interest
Huma Abedin
Hillary Rodham Clinton
Scott Atlas
Donald Trump
White House Coronavirus Task Force
independent agency of the United States
District of Columbia
United States magistrate judge
independent counsel
Excepted service
Government employees in the United States
United States federal civil service
18 U.S.C. § 202

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