Because of special government employee allowances, specialized experts such as doctors, scientists, and business leaders have contributed to national policy.
Some noteworthy figures in the Trump administration fall under the category of special government employees. The most high-profile one is Elon Musk.
The status of special government employee allows individuals to work for both the federal government and the private sector simultaneously. Those working as special government employees are limited to working up to 130 days per year unless the administration expressly extends that limit.
Congress first passed legislation in the early 1960s to allow the executive branch to bring in outside experts without forcing them out of their private sector or academic positions. This has allowed experts in various sectors to serve on advisory boards or in specialized roles at the president’s request without giving up their careers, like regular government employees.
This allowance, signed into law by President John F. Kennedy in 1962, gives permission for the government to temporarily employ experts without aggressive conflict of interest restrictions.
Because of special government employee allowances, specialized experts such as doctors, scientists, and business leaders have contributed to national policy. These temporary roles are subject to most of the rules and regulations that apply to regular full-time employees.
Special government employees are prohibited from dealing with subjects that would create a financial conflict of interest for themselves and they aren’t allowed to use their role to influence an election or engage in political activity while they’re on duty.
Some examples of frequently held special government employee positions are members of federal advisory committees, consultants at the Department of Justice, and scientific and medical experts for federal health agencies.
While the government doesn’t offer exact figures for special government employees, in 2016, the Government Accountability Office released findings that indicated that from 2005 to 2014, an average of about 2,000 special government employees worked for the government each year, excluding those serving on federal boards.
High Profile Special Government Employees
The designation of Musk as a special government employee has raised questions about his actual position and authority.
Officially, Musk serves as a senior adviser to the president, a position similar to that of former President Joe Biden’s special government employee adviser, Anita Dunn.
President Donald Trump has said that Musk oversees the Department of Government Efficiency (DOGE), a the new advisory panel designed to root out waste, fraud, and abuse in the federal government.
Trump told investors at an event in Miami on Feb. 19 that when he signed the order to create DOGE, he put Musk in charge.
The day to day operations of DOGE are undertaken by Amy Gleason, as acting administrator of DOGE, a White House official confirmed on Feb. 25.
Another high-profile special government employee is Steve Witkoff, who is the administration’s Middle East special envoy and is working to handle peace talks between Ukraine and Russia, as well as in the Middle East. Like Musk, Witkoff is a billionaire, and like Trump, his career has been spent in real estate investing and development.
Special government employee David Sacks serves as the White House’s artificial intelligence and cryptocurrency czar, advising the president on issues related to artificial intelligence and cryptocurrency. He is the former PayPal chief operating officer and currently a partner and co-founder at Craft Ventures, a venture capital firm.
Trump’s faith adviser, Paula White, is another special government employee with a presence at the White House as head of the White House Faith Office. She has also maintained her position in the ministry outside of government.
Controversial Special Government Employees
Not all special government employees have had a quiet tenure working in Washington. Some of the more contentious figures include Huma Abedin, former Secretary of State Hillary Clinton’s deputy chief of staff. Abedin was a special government employee who also worked for Teneo, a consulting firm.
The State Department’s employment of Abedin caused concern for some, including Sen. Chuck Grassley (R-Iowa), who said the designation of special government employee was created for “technical outside expertise rather than for a current government employee’s convenience or desire for outside employment.”
“The executive branch should not do an end run around Congress and ignore the time restriction or use the designation merely to allow current federal employees to enhance their income with outside employment that might present conflicts of interest.”
President Joe Biden’s top aide Anita Dunn also held an special government employee designation. She worked for the White House while keeping her Democratic consulting and lobbying firm position at SKDK.
Special government employees have had a role in response to major national events, including serving on the 9/11 Commission and as advisers on COVID-19 policy.
When asked about Musk’s status, White House press secretary Karoline Leavitt echoed previous comments, saying he is an special government employee who is overseeing DOGE and is working under Trump’s direction.