for Translation of this Kaiser Papers page from Google
From the GSA - The General Services Administration
Special Government Employees (SGE)
Appointment of Special Government Employees (SGE)
SGE can be added to an advisory committee in several ways. One is by
appointment, one is by contract and one is by use of the Advisory
Committee Act. The strengths and weaknesses of the three options are
- All SGE must file confidential financial disclosure reports. The
legal authority used to hire the SGE will not change that status.
For example, if the SGE is hired under a contract authority, then
the SGE still is required to provide independent views to the agency.
This is consistent with the Federal Acquisition Regulations which
prohibit agencies from entering into employer-employee relationships
when entering into contracts for personal services.
- SGE could be appointed under an appointment authority. Agencies
should be aware, however, that by doing so, the SGE could claim they
were entitled to certain benefits stemming from that appointment.
By using a contract authority, it is clear that the SGE is hired to
perform under the terms of the contract. However, since the contract is
to procure services, it is subject to the Federal Acquisition
- The final and best alternative is to neither appoint nor hire the
SGE by contract. Rather, the Advisory Committee act expressly
contemplates payment to SGEs in section 7. The regulation specifically
sets forth a formula at 41 C.F.R. section 101-6.1033. Rather than be
concerned about benefit claims on an appointment authority, or about
complying with the Federal Acquisition Regulation, the proper authority
to pay SGEs is the Federal Advisory Committee Act itself.