HRC and State Dept special designation

SPECIAL GOVERNMENT EMPLOYEES ARE EXEMPT FROM CERTAIN STATUES RELATING TO OUTSIDE EMPLOYMENT, EARNED INCOME, AND FUNDRAISING ACTIVITIES U.S. Office Of Government Ethics: “Some Ethics Provisions That Apply To Executive Branch Employees Apply Differently To An Employee Who Qualifies As A ‘Special Government Employee’ (SGE), Or Do Not Apply At All.” [U.S. Office of Government Ethics, accessed 3/10/15] U.S. Office Of Government Ethics: Congress Created The Special Government Employee Designation In 1962 When It “Determined That The Government Cannot Obtain The Expertise It Needs If It Requires Experts To Forego Their Private Professional Lives As A Condition Of Temporary Service.” “Congress created the SGE category in 1962 when it revised the criminal conflict of interest statutes. Congress recognized the need to apply appropriate conflict of interest restrictions to experts, consultants, and other advisers who serve the Government on a temporary basis. On the other hand, Congress also determined that the Government cannot obtain the expertise it needs if it requires experts to forego their private professional lives as a condition of temporary service. Since 1962, the SGE category has been used in a number of statutes and regulations as a means of tailoring the applicability of some restrictions.” [U.S. Office of Government Ethics, accessed 3/10/15] U.S. Office Of Government Ethics: A Special Government Employee’s “Agency Can Use Special Waiver Provisions To Resolve Financial Conflicts Of Interest Arising Under…A Criminal Conflict Of Interest Statue.” “An SGE’s agency can use special waiver provisions to resolve financial conflicts of interest arising under 18 U.S.C. § 208 (a criminal conflict of interest statute prohibiting an employee from participating in any particular Government matter affecting personal or ‘imputed’ financial interests).” [U.S. Office of Government Ethics, accessed 3/10/15] U.S. Office Of Government Ethics: A Special Government Employee Is Not Covered By Statues “Prohibiting The Supplementation Of Government Salary” Or “Limiting Outside Earned Income And Restricting Certain Outside Employment.” “An SGE is not covered by 18 U.S.C. § 209 (a criminal conflict of interest statute prohibiting the supplementation of Government salary). An SGE is not covered by 5 U.S.C. app. 4 §§ 501 or 502 (civil statutes limiting outside earned income and restricting certain outside employment and affiliations).” [U.S. Office of Government Ethics, accessed 3/10/15] U.S. Office Of Government Ethics: “A Regulatory Provision Concerning Fundraising…Applies Differently” To Special Government Employees. “5 C.F.R. § 2635.808 (a regulatory provision concerning fundraising) applies differently to SGEs.” [U.S. Office of Government Ethics, accessed 3/10/15] New York Times: The Law Authorizing Specially Designated Employees “Was Established To Give Agencies The Flexibility…To Draw On The Skills Of Specialists In Various Fields Who Are Unable Or Unwilling To Leave Their Jobs And Go To Work For The Government.” “One issue concerns the original intent of the law authorizing federal agencies to hire special government employees. Experts say the law was established to give agencies the flexibility, usually on a temporary basis, to draw on the skills of specialists in various fields who are unable or unwilling to leave their jobs and go to work for the government.” [New York Times, 8/19/13] New York Times: Grassley Sent Major Government Agencies Letters Asking Them “To Explain The Criteria They Use To Hire Special Government Employees.” “Late last week, Mr. Grassley said in a letter to the State Department that Ms. Abedin’s area of expertise — ‘advising and participating in planning for the secretary’s schedule and travel’ — did not appear to qualify her for the status of special government employee. Mr. Grassley also reiterated his original questions…Mr. Grassley also sent other major agencies throughout the government letters asking them to explain the criteria they use to hire special government employees.” [New York Times, 8/19/13] GRASSLEY PUSHED FOR A RENEWED LOOK INTO SECRETARY CLINTON’S USE OF SPECIAL DESIGNATIONS ALLOWING HER STATE DEPARTMENT AIDES TO PURSUE PRIVATE SECTOR WORK