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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
91:
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
43:
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.
55:
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,
140:
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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258:
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).
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SGEs are subject to some federal ethics rules, but are exempt from others. SGEs are exempt from
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108:(who was an SGE in the State Department in 2012, working for Secretary of State
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222:
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
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32:. The role of special Government employees is defined in 18 U.S.C. § 202.
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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.
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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
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286:U.S. coronavirus adviser Scott Atlas resigns
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177:Government employees in the United States
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143:independent agency of the United States
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66:Department of Health and Human Services
62:September 11th Victim Compensation Fund
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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).
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172:Excepted service
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100:Notable examples
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201:18 U.S.C. § 202
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118:Donald Trump
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34:
25:
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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:,
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