PolicyBrief
S. 1365
119th CongressApr 9th 2025
No Federal Payments to Companies Controlled by Special Government Employees Act of 2025
IN COMMITTEE

Prohibits federal agencies from awarding contracts or grants to companies owned by special government employees for at least 365 days after they leave their government position.

Jeanne Shaheen
D

Jeanne Shaheen

Senator

NH

LEGISLATION

Bill Blocks Federal Contracts for Companies Tied to Part-Time Government Insiders

This proposed legislation, the "No Federal Payments to Companies Controlled by Special Government Employees Act of 2025," aims to prevent federal agencies from awarding contracts, grants, or cooperative agreements to companies significantly owned by certain government advisors. Specifically, if a "special Government employee" (SGE) – typically an expert brought in for temporary or intermittent federal service – beneficially owns 5% or more of a company's equity, that company becomes ineligible for new federal awards. This rule applies to individuals serving as SGEs on or after January 1, 2025, essentially drawing a line against potential conflicts where insider knowledge could influence the flow of taxpayer money.

Drawing a Clear Line

The core of the bill is straightforward: if you're serving the government, even part-time, your private company can't simultaneously benefit from new federal contracts or grants if your ownership stake hits that 5% threshold. The bill defines "company" broadly to include corporations, LLCs, partnerships, and similar entities. The term "beneficial owner" uses an existing regulatory definition (from the Code of Federal Regulations) referring to individuals with voting or investment power over securities. Think of an expert advising the Department of Energy on green tech; if they own 6% of a solar panel company, this bill would prevent that company from getting a new DOE grant while they're advising, unless an exception applies.

The One-Year Cool-Down

This isn't necessarily a permanent ban. The restriction lifts under specific conditions: the individual must cease being an SGE immediately and remain separated from that government role for a full 365 days after the Act's enactment date. This creates a mandatory cooling-off period. The idea is to put distance between someone's government service and their company's ability to receive federal funds, reducing the chance that their recent advisory role directly translates into a lucrative government contract for their firm right after they leave.

Fair Play and Taxpayer Funds

Ultimately, this legislation targets potential conflicts of interest in government procurement. By restricting awards to companies linked to SGEs, it seeks to ensure federal spending decisions are based on merit and public need, not personal connections or potential self-enrichment. This could level the playing field for businesses competing for federal work, particularly those without owners serving in advisory roles. While the rules seem clear, potential challenges could involve individuals structuring ownership to stay just under the 5% mark or strategically timing their departure and waiting out the year-long restriction.