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

This bill prohibits executive agencies from awarding federal contracts or grants to companies in which a special Government employee held a beneficial ownership stake on or after January 1, 2025.

Jeanne Shaheen
D

Jeanne Shaheen

Senator

NH

LEGISLATION

New Ethics Bill Blocks Federal Contracts for Companies Owned by Temporary Government Employees Starting 2025

This new piece of legislation, the No Federal Payments to Companies Controlled by Special Government Employees Act of 2025, is straightforward: it stops most federal agencies from awarding contracts, grants, or cooperative agreements to businesses where a “special Government employee” (SGE) holds significant ownership. Specifically, if an SGE owns 5% or more of a company’s stock on or after January 1, 2025, that company is essentially locked out of receiving federal money. The core goal is to clean up potential conflicts of interest, ensuring that individuals advising the government temporarily aren't also steering lucrative federal dollars toward their own businesses.

The Fine Print: Who’s Locked Out and Why

To understand the impact, you need to know who this bill targets. A Special Government Employee (SGE) isn't your typical career bureaucrat; they are usually experts appointed for temporary, intermittent service—think consultants, scientists, or advisors brought in for specific projects. The bill says if one of these SGEs has a “beneficial ownership” stake of 5% or more in a company—meaning they have the power to vote or dispose of the stock, based on SEC definitions—that company can’t get a federal contract. This 5% threshold is key; it’s designed to catch owners with a meaningful stake, not just someone holding a handful of shares. For example, if a software company relies heavily on federal contracts, and one of its founders is also serving as a temporary, paid advisor to the Department of Energy, the company could lose its eligibility for that federal work.

The Escape Hatch: Quitting for Cash

There is one way around this restriction, and it’s pretty strict. If an SGE owns a piece of a company that wants federal money, they must immediately resign from their government role and then stay completely out of that SGE position for a full 365 days after the law is enacted. This provision is designed to ensure a clean break, preventing people from cycling in and out of government advisory roles while maintaining their financial interests in contracted companies. For the SGE, it forces a tough choice: keep the government advisory role or keep the company's access to federal funding.

Real-World Friction and Ethical Clarity

For the average taxpayer, this bill is a win for government integrity. It makes the rules of engagement clearer and helps prevent the appearance of self-dealing—the idea that someone is advising the government on policy while simultaneously benefiting financially from the resulting contracts. However, the bill does create some immediate friction for the affected groups. Companies that rely on federal grants might suddenly have to restructure their ownership or lose valuable, temporary advisors. Similarly, experts with specialized knowledge who serve the government on an intermittent basis might decide the financial risk to their primary business isn't worth the temporary public service. While the bill brings welcome clarity to ethics rules, its implementation will require both SGEs and contracting companies to quickly update their compliance checks to avoid losing out on potentially vital federal opportunities.