SEER Act Mandates Public Database, Tightens Conflict Rules for Special Government Employees

The SEER Act of 2025 tackles potential conflicts of interest involving 'special Government employees' (SGEs) – temporary experts brought in for specific government tasks. This bill aims to increase transparency and accountability by expanding ethics rules, requiring more public disclosure, and restricting certain communications for these advisors. Key changes include tightening conflict-of-interest definitions, mandating public financial reports for many SGEs, and creating a searchable online database of individuals serving in these roles.

Shining a Light on 'Special' Advisors

Ever wonder who's advising the government on complex issues like tech regulation or energy policy, and whether they have skin in the game? The SEER Act aims to make that clearer. It mandates the creation of a free, searchable online database listing SGEs who aren't serving on standard advisory committees (Sec. 5). This database will show their name, how long they've served, and why they were brought on as an SGE instead of a regular employee.

Furthermore, the bill significantly expands public financial disclosure requirements (Sec. 6 & 7). Unless an SGE meets specific narrow exemptions (like being GS-9 or below with limited duties and close supervision), they'll generally have to file a public financial disclosure report, similar to senior full-time officials. This means the public could see potential financial ties – like stock holdings or board positions – that might intersect with their government advisory work.

Closing Conflict Loopholes

The legislation directly addresses concerns that current rules don't adequately cover SGEs' outside business activities (Sec. 2, Findings). It amends the main criminal conflict-of-interest law (18 U.S.C. § 208) to apply more broadly to SGEs, especially those in leadership roles on advisory committees or not on committees at all (Sec. 3). Essentially, if an SGE works for a company that has a financial interest in a specific government matter they're involved in, it's more likely to be flagged as a conflict.

Getting a waiver for such conflicts will also become tougher and more transparent. Waivers for these higher-risk SGEs will now require agreement from the Office of Government Ethics (OGE) and must be posted online within 14 days (Sec. 3). Additionally, the bill restricts certain SGEs from communicating with agencies that regulate or contract with 'large companies' (over $1B market cap/revenue or $100M+ federal contracts) where the SGE holds a senior role or ownership (Sec. 4). Think of an SGE advising on defense contracts while being a director at a major defense contractor – this section aims to limit direct lobbying or influence in such scenarios.

More Days, More Rules

The SEER Act also recognizes that some SGEs serve for extended periods. It applies standard federal ethics rules, typically reserved for regular employees, to any SGE who works more than 60 days in a 365-day period (Sec. 8). For those serving more than 130 days (the technical limit for SGE status), the bill goes further, applying rules against accepting supplemental salary from outside sources (18 U.S.C. § 209) and the financial disclosure rules from Title 5, Chapter 131, treating them essentially like regular government employees for ethics purposes, regardless of pay status (Sec. 8). This aims to prevent individuals from operating under looser SGE ethics rules while performing duties akin to full-time staff.