II 119THCONGRESS 1 STSESSION S. 1196 To require Executive agencies to limit the use of special Government employ- ees to 130 days, to require the maintenance of a public database of certain special Government employees, to require the release of financial disclosures filed by certain special Government employees, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH27, 2025 Mr. L UJA´N(for himself, Ms. WARREN, Mr. SCHIFF, Mr. WYDEN, Mr. KELLY, Mr. B LUMENTHAL, Ms. CORTEZMASTO, and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require Executive agencies to limit the use of special Government employees to 130 days, to require the main- tenance of a public database of certain special Govern- ment employees, to require the release of financial disclo- sures filed by certain special Government employees, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Special Government 4 Employees Transparency Act of 2025’’. 5 VerDate Sep 11 2014 08:07 Apr 02, 2025 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1196.IS S1196 mprince on LAP1J3WLY3PROD with $$_JOB 2 •S 1196 IS SEC. 2. LIMITATION ON THE USE OF SPECIAL GOVERN-1 MENT EMPLOYEES. 2 (a) D EFINITION.—In this section, the term ‘‘special 3 Government employee’’ means an individual who— 4 (1) qualifies as a special Government employee 5 under section 202(a) of title 18, United States Code, 6 or any other provision of Federal law; and 7 (2) is employed by an agency, department, of-8 fice, or other entity within the executive branch of 9 the United States Government, without regard to 10 whether employees of that agency, department, of-11 fice, or entity are subject to the requirements of title 12 5, United States Code. 13 (b) E STABLISHMENT OF LIMIT.—Notwithstanding 14 any other provision of law— 15 (1) an individual who otherwise qualifies as a 16 special Government employee shall cease to be a spe-17 cial Government employee after having served as a 18 special Government employee for 130 days, regard-19 less of whether those days were consecutive, during 20 any period of 365 consecutive days; and 21 (2) if an individual described in paragraph (1) 22 exceeds the 130-day threshold described in that 23 paragraph— 24 (A) the employing authority of the indi-25 vidual shall, not later than 30 days after the 26 VerDate Sep 11 2014 08:07 Apr 02, 2025 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1196.IS S1196 mprince on LAP1J3WLY3PROD with $$_JOB 3 •S 1196 IS date of cessation of such special Government 1 employee status— 2 (i) determine the appropriate employ-3 ment classification for the individual in ac-4 cordance with applicable civil service laws 5 and regulations, including which position 6 the individual shall be considered to occupy 7 beginning on the date of that determina-8 tion; 9 (ii) with respect to the individual, fol-10 low an appropriate applicable Federal per-11 sonnel framework in a manner consistent 12 with the duties and responsibilities of the 13 position in which the individual is serving 14 as determined under clause (i) and with 15 the personnel management policies of the 16 employing authority; and 17 (iii) provide written notice to the indi-18 vidual— 19 (I) of the new classification de-20 termination required under clause (i); 21 and 22 (II) that the individual may ap-23 peal or seek review of the new classi-24 fication determination through appeal 25 VerDate Sep 11 2014 08:07 Apr 02, 2025 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1196.IS S1196 mprince on LAP1J3WLY3PROD with $$_JOB 4 •S 1196 IS and review procedures applicable to 1 the position in which the individual is 2 serving as determined under clause 3 (i); and 4 (B) the individual shall be subject to all 5 applicable provisions of law, including legal obli-6 gations and rights, relating to employees occu-7 pying the position in which the individual is 8 serving as determined under subparagraph 9 (A)(i). 10 (c) C OUNTINGDAYS OFSERVICE.—For purposes of 11 subsection (b), 1 full day of service shall be counted to-12 ward the 130-day limit described in subsection (b)(1) for 13 each day— 14 (1) during which an individual has provided any 15 service as a special Government employee that is 16 purely administrative in nature, such as making a 17 brief telephone call to confirm the date of a meeting 18 or completing and filing personnel paperwork, for 19 more than 1 hour; 20 (2) during which the individual has performed 21 any service as a special Government employee, such 22 as reading official materials or substantively pre-23 paring for a meeting, that is not purely administra-24 VerDate Sep 11 2014 08:07 Apr 02, 2025 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1196.IS S1196 mprince on LAP1J3WLY3PROD with $$_JOB 5 •S 1196 IS tive in nature, regardless of the length of time spent 1 performing such service; or 2 (3) for which the individual has been com-3 pensated by the Government for service as a special 4 Government employee. 5 SEC. 3. TRANSPARENCY FOR SPECIAL GOVERNMENT EM-6 PLOYEES. 7 (a) D EFINITIONS.—In this section: 8 (1) A DVISORY COMMITTEE .—The term ‘‘advi-9 sory committee’’— 10 (A) has the meaning given the term in sec-11 tion 1001 of title 5, United States Code; and 12 (B) does not include— 13 (i) the United States DOGE Service, 14 or any successor organization; 15 (ii) the U.S. DOGE Service Tem-16 porary Organization, or any successor or-17 ganization; or 18 (iii) any DOGE Team (as described in 19 Executive Order 14158 (90 Fed. Reg. 20 8441), relating to establishing and imple-21 menting the President’s ‘‘Department of 22 Government Efficiency’’), or any successor 23 organization. 24 VerDate Sep 11 2014 08:07 Apr 02, 2025 Jkt 000000 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1196.IS S1196 mprince on LAP1J3WLY3PROD with $$_JOB 6 •S 1196 IS (2) APPROPRIATE CONGRESSIONAL PARTIES .— 1 The term ‘‘appropriate congressional parties’’ 2 means— 3 (A) the Committee on Homeland Security 4 and Governmental Affairs of the Senate; 5 (B) the Committee on Oversight and Gov-6 ernment Reform of the House of Representa-7 tives; 8 (C) the majority leader of the Senate; 9 (D) the Speaker of the House of Rep-10 resentatives; 11 (E) the minority leader of the Senate; and 12 (F) the minority leader of the House of 13 Representatives. 14 (3) C OVERED SPECIAL GOVERNMENT EM -15 PLOYEE.—The term ‘‘covered special Government 16 employee’’ means any individual— 17 (A) who qualifies as a special Government 18 employee under section 202(a) of title 18, 19 United States Code, or any other provision of 20 Federal law; and 21 (B)(i) who is not serving on an advisory 22 committee; 23 VerDate Sep 11 2014 08:07 Apr 02, 2025 Jkt 000000 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1196.IS S1196 mprince on LAP1J3WLY3PROD with $$_JOB 7 •S 1196 IS (ii) whose responsibilities are substantially 1 comparable to the types of duties that are clas-2 sified at the GS–11 level or above; and 3 (iii) who is not appointed to a position in 4 the civil service that may only be filled by a 5 full-time student enrolled in an institution of 6 higher education, as defined in section 102 of 7 the Higher Education Act of 1965 (20 U.S.C. 8 1002). 9 (4) D IRECTOR.—The term ‘‘Director’’ means 10 the Director of the Office of Personnel Management. 11 (5) E XECUTIVE AGENCY.—The term ‘‘Executive 12 agency’’— 13 (A) has the meaning given the term in sec-14 tion 105 of title 5, United States Code; and 15 (B) includes the Executive Office of the 16 President. 17 (6) N ATIONAL DEFENSE INFORMATION .—The 18 term ‘‘national defense information’’ has the mean-19 ing given the term ‘‘classified information’’ in sec-20 tion 798(b) of title 18, United States Code. 21 (7) SGE DATABASE.—The term ‘‘SGE Data-22 base’’ means the database established under sub-23 section (b)(1). 24 (b) SGE D ATABASE.— 25 VerDate Sep 11 2014 08:07 Apr 02, 2025 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1196.IS S1196 mprince on LAP1J3WLY3PROD with $$_JOB 8 •S 1196 IS (1) ESTABLISHMENT.—Not later than 210 days 1 after the date of enactment of this Act, the Director, 2 in consultation with the Director of the Office of 3 Government Ethics, shall establish a searchable, 4 sortable database for the public release of, with re-5 spect to each covered special Government em-6 ployee— 7 (A) the name of the covered special Gov-8 ernment employee; 9 (B) the title of the position of the covered 10 special Government employee; 11 (C) the rate of basic pay, if any, of the 12 covered special Government employee; 13 (D) the employing Executive agency of the 14 covered special Government employee; 15 (E) the employing organizational compo-16 nent of the employing Executive agency of the 17 covered special Government employee; 18 (F) the appointment date of the covered 19 special Government employee; and 20 (G) if applicable, the termination date of 21 the covered special Government employee. 22 (2) P UBLIC AVAILABILITY.— 23 (A) I N GENERAL.—The SGE Database 24 shall be accessible to the public through the of-25 VerDate Sep 11 2014 08:07 Apr 02, 2025 Jkt 000000 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1196.IS S1196 mprince on LAP1J3WLY3PROD with $$_JOB 9 •S 1196 IS ficial website of the Office of Personnel Man-1 agement without charge and without a require-2 ment that users register for access. 3 (B) R EQUIREMENTS.—The Director shall 4 ensure that the SGE Database— 5 (i) allows access through an applica-6 tion programming interface; and 7 (ii) is fully compliant with— 8 (I) section 508 of the Rehabilita-9 tion Act of 1973 (29 U.S.C. 794d); 10 and 11 (II) the most recent Web Content 12 Accessibility Guidelines (or successor 13 guidelines). 14 (3) C URRENCY OF INFORMATION .—The head of 15 each Executive agency shall— 16 (A) notify the Director of each appoint-17 ment, designation, conversion, termination, or 18 other personnel action involving or affecting a 19 covered special Government employee not later 20 than 30 days after the date of such personnel 21 action; and 22 (B) from time to time, review information 23 contained in the SGE Database that pertains to 24 VerDate Sep 11 2014 08:07 Apr 02, 2025 Jkt 000000 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1196.IS S1196 mprince on LAP1J3WLY3PROD with $$_JOB 10 •S 1196 IS that Executive agency to ensure that the infor-1 mation is current, complete, and accurate. 2 (4) O VERSIGHT OF SUBMISSIONS .— 3 (A) I N GENERAL.—The Director shall con-4 duct such periodic audits as may be necessary 5 to ensure that Executive agencies have estab-6 lished adequate procedures for submitting cur-7 rent, complete, and accurate information relat-8 ing to covered special Government employees 9 for inclusion in the SGE Database. 10 (B) R EPORT.—Not later than 3 years after 11 the date of enactment of this Act, the Director 12 shall submit a report to the appropriate con-13 gressional parties that— 14 (i) describes the efforts undertaken to 15 comply with paragraph (1); and 16 (ii) assesses the degree to which infor-17 mation in the SGE Database is current, 18 complete, and accurate. 19 (c) P UBLICAVAILABILITY OFFINANCIALDISCLO-20 SUREREPORTS.—Notwithstanding section 13109 of title 21 5, United States Code, each Executive agency shall make 22 publicly available any financial disclosure report filed by 23 a covered special Government employee with the Executive 24 agency after the date of enactment of this Act, using the 25 VerDate Sep 11 2014 08:07 Apr 02, 2025 Jkt 000000 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1196.IS S1196 mprince on LAP1J3WLY3PROD with $$_JOB 11 •S 1196 IS procedures established under section 13107 of title 5, 1 United States Code, except that this subsection shall not 2 apply to any financial disclosure report— 3 (1) that is filed by an individual described in 4 paragraph (1) or (2) of section 13107(a) of title 5, 5 United States Code; 6 (2) that is filed by a special Government em-7 ployee who is not a covered special Government em-8 ployee; or 9 (3) that contains national defense information. 10 Æ VerDate Sep 11 2014 08:07 Apr 02, 2025 Jkt 000000 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S1196.IS S1196 mprince on LAP1J3WLY3PROD with $$_JOB