S. 1491 — SEER Act 2025

This section sets forth congressional findings concerning special Government employees, including that (1) some have substantial financial conflicts of interest due to their other business activities while in Federal service; (2) they are subject to the criminal conflict-of-interest statute applicable to full-time Government employees, 18 U.S.C. § 208, but need not resolve conflicts under that provision if the relevant work does not constitute a particular matter; (3) unlike senior executive branch employees under 5 U.S.C. chapter 131, the vast majority are not required to make financial disclosure reports public; (4) the vast majority serve on advisory committees with limited roles in Government decision-making, but a select number have authority commensurate with senior or very senior full-time Federal employees; (5) the executive branch has not notified the public or Congress when using special Government employees for high-level responsibilities; and (6) the executive branch has permitted special Government employees to retain that status beyond the statutory limit of 130 days during any 365 consecutive days.

This section amends federal conflict-of-interest laws (18 U.S.C. §§ 202, 208) for special government employees (SGEs)—intermittent federal advisers typically serving not more than 130 days in a 365-day period—as follows: (1) requires formal SGE designation on a Notification of Personnel Action (Standard Form 50 or equivalent); (2) narrows § 208(a)'s prohibition for SGEs not on advisory committees or serving as chair or vice chair thereof, to participation in any discrete and identifiable component of a matter constituting a particular matter involving their organization's financial interest (Thus, permits such SGEs to participate in broader matters lacking such components.); (3) requires Office of Government Ethics concurrence for agency waivers under § 208(b)(1) granted to SGEs; (4) limits the § 208(b)(3) exemption for advisory committee members to those other than chairs or vice chairs; and (5) requires public posting via searchable online database, within 14 days of issuance, of § 208(b)(1) waivers granted to SGEs not on advisory committees or serving as chair or vice chair thereof.

This section prohibits a special Government employee (SGE; i.e., generally, a temporary officer or employee serving no more than 130 days during any 365-day period, per 18 U.S.C. § 202(a)), other than one serving on an advisory committee (or as chair or vice chair thereof), from engaging in direct or indirect communications in an official capacity with an agency or office that contracts with, regulates, or has a pending enforcement action against a "large company" (1) that the SGE owns or (2) for which the SGE serves as a senior executive or director. It defines "large company" as (1) a for-profit company with greater than an average of $1 billion in market capitalization or revenue over the previous three-year period; (2) a federal contractor receiving greater than $100 million in annual revenue from the federal government during the previous three-year period; or (3) a for-profit company exerting monopolistic or monopsonistic control over a significant market share, as defined by regulation. The section directs the Office of Government Ethics to promulgate regulations implementing these provisions, including a definition of ownership of a large company.

This section requires the Director of the Office of Personnel Management, in coordination with the Office of Government Ethics, to maintain and make publicly available online, to the extent technically practicable, a searchable, sortable, and downloadable database (at no fee) of covered special Government employees (SGEs)—i.e., SGEs not serving on advisory committees, excluding those described in 5 U.S.C. §13107(a)(1) or (2). The database must include for each covered individual the name, a rolling tally of days served as an SGE, and a description of why the individual was designated as an SGE rather than a regular employee. (Thus, the database promotes transparency of SGE service, which is generally limited to no more than 130 days during any 365-day period.)

This section revises exemptions from public financial disclosure reporting requirements for special government employees (SGEs)—typically individuals appointed for no more than 130 days in any 365-day period to provide temporary federal advice or services—by (1) striking language in 5 U.S.C. §13103(f)(8) that previously excluded SGEs from an existing exemption category; (2) adding a new exemption in §13103(f)(13) for SGEs who are not serving on an advisory committee (or are serving as chair or vice chair thereof) and are not serving in a General Schedule GS-9 or lower position with limited responsibilities closely supervised by a career federal employee; (3) requiring in §13103(f)(14) the relevant agency ethics officer to review any claimed exemption for an SGE; and (4) excepting qualifying SGEs under §13103(f)(13) from termination financial disclosure reports otherwise required under §13109(a)(1). (Thus, the changes subject more SGEs, particularly those serving on advisory committees in non-leadership roles or in higher-level positions, to public reporting.)

This section adds an exemption from online public access to financial disclosure statements under the STOCK Act for any executive branch special government employee who either (1) is not serving on an advisory committee or is serving as a chair or vice chair on an advisory committee, or (2) is not serving in a position classified at the GS-9 level or below with limited responsibilities closely supervised by a career federal employee.

This section establishes tiered ethics requirements for special Government employees (SGEs)—temporary or intermittent federal personnel, as defined in 18 U.S.C. § 202(a), generally limited to 130 days of service in any 365-day period and subject to fewer ethics rules than regular employees. (1) SGEs serving more than 60 days in the preceding 365 days are subject to all federal ethics rules to the same extent as regular employees, except as provided in subsection (b); (2) SGEs serving more than 130 days in the preceding 365 days are subject only to 18 U.S.C. § 209 (prohibiting supplementation of federal salary from non-government sources) and 5 U.S.C. ch. 131 subch. III (financial disclosure and enforcement requirements) to the same extent as regular employees, with § 209 applying regardless of compensation status.