Letter of Support for Special Government Employee Ethics Enforcement & Reform Act (SEER) of 2025
Public Citizen Letter of Support - SEER Act of 2025
“When taking an official action (e.g., making decisions or recommendations), American public servants are expected to put the government’s interests ahead of their own.”
– Financial Disclosure: Identifying and Remediating Conflicts of Interest in the Executive Branch, Congressional Research Service, 5/30/23[1]
April 7, 2025
Senator Elizabeth Warren
311 Hart Senate Office Building
Washington, DC 20510
Representative Melanie Stansbury
1421 Longworth House Office Building
Washington, D.C. 20515
Re: Special Government Employee Ethics Enforcement & Reform Act (SEER) of 2025 – SUPPORT
Dear Senator Warren and Representative Stansbury,
On behalf of more than 500,000 members and supporters of Public Citizen, I write in support of your legislation to close the loopholes in conflict of interest and anti-corruption laws that the Trump Administration has effectively opened by stretching the “Special Government Employee” (SGE) designation well past the breaking point.
The SGE category of federal employment was created by Congress in 1962 as a time-limited designation to enable the federal government to take advantage of the knowledge and skills of outside experts while allowing them to remain employed in the private sector.[2] According to the Office of Government Ethics, the SGE designation is “a way to apply an important, but limited, set of conflict-of-interest requirements to a group of individuals who provide important, but limited, services to the Government.”[3]
By law[4], an SGE is an officer or employee in the executive branch of the federal government appointed to perform temporary duties, with or without compensation, for a period not to exceed 130 days during any period of 365 consecutive days. According to the Office of Government Ethics, “many agencies use SGEs, either as advisory committee members or as individual experts or consultants, to provide expertise or perspectives that might be unavailable among an agency’s regular employees. Often because of their expertise, these SGEs have substantial outside activities and financial interests that may raise difficult ethics questions.”[5]
While the laws against bribery[6], compensation for representational services[7], and post-employment lobbying[8] generally apply to SGEs in the same manner as regular government employees, the main conflict of interest statute[9] in practice applies quite differently.[10] Under existing law, due to their time-limited service in a niche role, SGEs have been allowed to be broadly exempted from the divestiture of conflicting interest requirements and permitted to participate in matters that directly and substantially affect their financial interests – as long as they do not have a unique impact on the SGE or the SGE’s former or current employer other than as part of a general industry or class of persons.[11] In addition, despite the increased risks of self-dealing, biased advice, and distorted decision-making that arise from these exemptions, SGEs have not been required to publicly disclose their financial interests unless they are both classified above the GS-15 level of federal employment and serve over 60 days. Questionable uses of the SGE designation by past Presidential Administrations have generated concerns[12] – but none so obvious and urgent as those raised by the Trump Administration’s misuse of SGEs.
Despite requests from Members of Congress[13], the Trump Administration has not publicly disclosed how many SGEs are working for DOGE or otherwise serving in high-level policy and operational roles in the Trump Administration but shielded from vital ethics and financial disclosure requirements. However, Public Citizen has found that the Trump Administration’s use of the SGE designation to install people with potential conflicts in high-level government jobs may have begun with Elon Musk[14] – but it goes way beyond Musk.
According to a Public Citizen search of court documents, public records, and investigative reports, the Trump Administration has now used the SGE designation to place at least 10 people – and possibly many more – in addition to Musk in high-level roles:
- in the Department of Treasury[15]
- in the Department of Homeland Security[16]
- in the Office of Personnel Management[17]
- helping Musk run DOGE[18]
- advising the White House on matters ranging from global affairs to health care[19]
The potential conflict of interest and transparency concerns raised here are manifold. For example, an SGE who owns or leads a company that has or seeks large federal contracts could potentially use their access to inside information or influence over government officials to gain a competitive advantage in the contracting process. An SGE who owns, runs, or works for a private company could potentially use their position to gain intelligence about or leverage over potential or existing enforcement actions or regulatory decisions that could benefit their company or harm a competitor. The public has no way to know whether SGEs who don’t file public financial disclosure reports[20] or are empowered to oversee themselves[21] are putting the people’s interests ahead of their own. Public trust must be earned. The American people deserve better.
For these reasons, Public Citizen strongly supports your SGE Ethics Enforcement & Reform Act of 2025 to ensure that anti-corruption rules apply to SGEs just as they do to regular federal employees, strengthen conflict-of-interest barriers to prevent financial self-dealing or misuse of insider information, and shine sunlight with financial disclosure so the public knows who has been given the power and privilege of doing the people’s business.
Thank you for your leadership in this important work.
Sincerely,
Jon Golinger
Democracy Advocate
Public Citizen
[1] “Financial Disclosure: Identifying and Remediating Conflicts of Interest in the Executive Branch,” Congressional Research Service, 5/30/23; https://www.congress.gov/crs-product/IF11904
[2] 18 U.S.C. § 202; “Conflict of Interest and the Special Government Employee,” Office of Government Ethics, 2/15/00; https://www.oge.gov/Web/oge.nsf/Legal%20Docs/445ECB1FB63809DA852585BA005BED9E/$FILE/00×1.pdf?open
[4] 18 U.S.C. § 202
[5] “Ethics Laws Applicable to Special Government Employees,” Office of Government Ethics; https://extapps2.oge.gov/Training/OGETraining.nsf/xsp/.ibmmodres/domino/OpenAttachment/training/ogetraining.nsf/D006291C1FEC02448525869C005BD4B8/Body/EthicsLawsApplicabletoSGEs.pdf
[6] 18 U.S.C. §201
[7] 18 U.S.C. §203 and §205
[8] 18 U.S.C. §207
[9] 18 U.S.C. §208
[10] “Ethics Rules, or Lack Thereof, that Apply to ‘Special Government Employees’ (SGE) and Elon Musk, in Particular,” by Craig Holman, Ph.D., Public Citizen, 2025; https://www.citizen.org/article/ethics-rules-or-lack-thereof-that-apply-to-special-government-employees-sge-and-elon-musk-in-particular/
[12] “Complaint to HHS and OPM Re: Slaoui Employment Status,” by Craig Holman and Margarida Jorge, 5/5/2020; https://www.citizen.org/article/complaint-to-hhs-and-opm-re-slaoui-employment-status/; “Clinton Email Fracas Raises Question: What Is a ‘Special Government Employee?,” Charles Clark, Government Executive, 9/4/15; https://www.govexec.com/oversight/2015/09/clinton-email-fracas-raises-question-what-special-government-employee/120362/
[13] Letter from Rep. Gerald Connelly to Amy Gleason, Acting Administrator, U.S. DOGE, 3/19/25; https://oversightdemocrats.house.gov/sites/evo-subsites/democrats-oversight.house.gov/files/evo-media-document/2025-03-19-gec-to-doge-acting-administrator-gleason-re-volunteer-doge-conflicts_1.pdf
[14] “Musk is a ‘non-career Special Government Employee,” Court Filing by the U.S. Department of Justice, p. 18, 3/21/25; https://assets.bwbx.io/documents/users/iqjWHBFdfxIU/rurxk3UJ36_E/v0.
[15] “Krause Keeps Citrix Parent CEO Role Amid Work With Treasury, Musk’s DOGE,” CRN, 2/6/25; https://www.crn.com/news/cloud/2025/krause-keeps-citrix-parent-ceo-role-amid-work-with-treasury-musk-s-doge (“[Tom] Krause told CSG employees in an email viewed by CRN that he is advising the Treasury as a ‘special government employee,’ which is ‘in addition to my duties as CEO of Cloud Software Group.’”; “Elon Musk’s Man in the Treasury is Still Holding Down His Day Job as Software CEO,” Wired, 2/14/15; https://www.wired.com/story/musk-krause-treasury-bfs-conflict-of-interest/
[16] “Corey Lewandowski is now a special government employee at the Department of Homeland Security,” Politico, 2/11/25; https://www.politico.com/newsletters/west-wing-playbook/2025/02/11/paging-mr-vance-00203681; (“a DHS spokesperson said, ‘Like Elon Musk and so many other patriots, Mr. Lewandowski volunteers his time as a special government employee (SGE) to help President Trump Make America Great Again.’”).
[17] “Modesto native, an Elon Musk insider, is at the center of the DOGE access controversy,” Modesto Bee, 2/21/25; https://www.modbee.com/news/politics-government/article300370074.html; (“A Modesto native is now senior adviser at the U.S. Office of Personnel Management. He’s part of an ongoing takeover of federal offices by Elon Musk insiders. Brian Nils Bjelde was one of the first employees at SpaceX, a now $350 billion company owned by Musk.” “Now at the age of 44, he is a “special government employee” and senior adviser at OPM.”
[18] “Meet Steve Davis, Elon Musk’s Top Lieutenant Who Oversees DOGE,” NY Times, 3/20/25; https://www.nytimes.com/2025/03/20/technology/elon-musk-steve-davis-doge.html; “White House Staffer Who Worked for Private Clients Steps Down From Consulting Firm,” Wall Street Journal, 2/28/25; https://www.wsj.com/politics/policy/trump-staffer-katie-miller-steps-down-consulting-firm-1698720a (“Katie Miller, as a ‘special government employee,’ was allowed to work as a private consultant while serving in the White House.”); “Who Is in DOGE? Tracking Its Staffers and Allies in the Federal Government,” NY Times, 2/27/25; https://www.nytimes.com/interactive/2025/02/27/us/politics/doge-staff-list.html
[19] “Annals of having it both ways,” Politico, 2/26/25; https://www.politico.com/newsletters/politico-influence/2025/02/26/business-groups-lay-down-a-marker-on-taxes-00206347; (“Others with the [SGE] status include Steve Witkoff, who is handling peace talks between Ukraine and Russia in the Middle East”); “Adam Boehler withdraws nomination to be Trump’s top hostage negotiator,” NY Post, 3/14/25; https://nypost.com/2025/03/14/us-news/adam-boehler-withdraws-nomination-to-be-trumps-top-hostage-negotiator/; (“’Adam Boehler will continue to serve President Trump as a special government employee focused on hostage negotiations,’ a White House spokesperson told The Post.”); “The Trump Staffers Who Get Paid by Private Clients,” Wall Street Journal, 2/25/25; https://www.wsj.com/politics/policy/trump-administration-special-government-employees-75b2b6e5?mod=latest_headlines; “President Trump Announces Appointments to the White House Faith Office,” 2/7/25; https://www.whitehouse.gov/presidential-actions/2025/02/president-trump-announces-appointments-to-the-white-house-faith-office/; (“Pastor Paula White-Cain will return to the White House as a Special Government Employee and Senior Advisor of the newly created White House Faith Office.”); White House Memorandum For David O. Sacks, Special Advisor For A.I. And Crypto, 3/5/25; https://www.whitehouse.gov/wp-content/uploads/2025/03/Memo-David-Sacks-3.5.2025-1.pdf; (“You have agreed to be a special government employee serving as Special Advisor for AI and Crypto.”); “RFK Jr. Ally to Implement Trump Administration’s Plan for Chronic Illness,” Bloomberg News, 3/18/25; https://www.bloomberg.com/news/articles/2025-03-18/white-house-hires-rfk-jr-ally-as-special-government-adviser; (“Entrepreneur and author Calley Means will be a White House adviser and “special government employee,” according to two people familiar with the appointment.”); “Calley Means joins White House as a special government employee, will assist with MAHA policies,” EndPoints News, 3/20/25; https://endpts.com/calley-means-joins-white-house-as-a-special-government-employee/; “RFK Jr.’s Adviser Torches ‘Utterly Failed’ Health Care System,” Politico Magazine, 4/5/25; https://www.politico.com/news/magazine/2025/04/05/calley-means-kennedy-trump-hhs-vaccines-00272034 (“One of MAHA’s leading voices is Calley Means, the bestselling co-author of Good Energy and former lobbyist for food and pharma, who now serves as a ‘special government employee’ at Kennedy’s side.”)
[20] “Musk touts DOGE transparency but downplays his own potential conflicts of interest,” CNN, 2/11/25; https://www.cnn.com/2025/02/11/politics/musk-trump-conflicts-of-interest/index.html
[21] “Musk will excuse himself from any conflicts, White House says,” Reuters, 2/25/25; https://www.reuters.com/world/us/musk-will-excuse-himself-any-conflicts-white-house-says-2025-02-05/.