U.S. Department of Commerce

Office of the General Counsel

Federal Advisory Committee Act (FACA)

Ethics Law and Programs Office 

March 16, 2022
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Representatives & Special Government 

Employees

• Although any executive branch employee and even an independent contractor 

may serve as a member of an advisory committee, most members of advisory 

committees fall into one of two categories:

• Special Government Employees. Individuals who serve on advisory 

committees as SGEs are appointed to a committee to exercise their own 

individual best judgment on behalf of the Government. It is expected that 

SGEs will discuss and deliberate in a manner that is free from conflicts of 

interest.

• Representatives. A representative is not a Government employee. 

Individuals who serve on advisory committees as representatives are 

appointed to a committee to provide it with the points of view of nongovernmental entities or of a recognizable group of persons (e.g., an industry 

sector, labor unions, or environmental groups, etc.). It is expected that 

representatives will represent a particular bias.
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ETHICS RULES FOR PERSONS WHO WORK 

WITH THE FEDERAL GOVERNMENT

Representatives

• MISUSE OF GOVERNMENT RESOURCES 

• Use of Equipment, Supplies, and Services –

• Government resources may only be used for official authorized 

Government activities. This includes use of:

• Government equipment;

• Government supplies;

• Government services; and

• the time of Government personnel. 
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MISUSE OF GOVERNMENT INFORMATION

Representatives

Use of Non-Public information

– Information Representatives obtain through their work with the Federal 

Government may not be used for their private activities or disseminated 

to anyone outside the Government unless the person is specifically 

authorized to receive the information.

– Government information is another form of Government property. Just 

as Government supplies and equipment may not be used for personal 

activities, information may only be used for Government programs. 

Release or dissemination of such information must be authorized by a 

Federal official. 

– Depending on the nature of the information, improper use or release may 

result in criminal charges (such as for misuse of national security 

information) or civil liability (such as for misuse of business proprietary 

information or information covered by the Privacy Act).
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MISUSE OF GOVERNMENT AFFILIATION

Representatives

References to Association with the Government

– Representatives may not use their association with the Government, 

including business contacts obtained through their work with the 

Government, to obtain personal benefits or favors for themselves, friends, 

relatives, or business associates. 

– Because Representatives are not Federal employees, they may not 

represent that they serve or act on behalf of the Federal Government 

unless they are specifically authorized to do so with regard to the specific 

matter. 

– They may not use their association with the Government to imply that the 

Government endorses their personal activities. 
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Special Government Employees (SGEs)

• The SGE category was created by Congress to apply an important, but 

limited set of conflict-of-interest requirements to a group of individuals who 

provide important, but limited, service to the Government.

• The SGE category should be distinguished from other categories of 

individuals who serve executive branch agencies but who are not employees, 

such as independent contractors (who are generally not covered by the ethics 

laws and regulations at all).

• Although many SGEs serve as advisory committee members, not all members 

of advisory committees are SGEs.
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A couple of common questions

• Do the ethics rules apply to you if you receive no pay from the 

Government? Answer: Yes, they do. The definition of an SGE includes 

those who serve "without compensation.“

• Do the ethics rules apply on days when you perform no 

Government services? Answer: Yes, they do. They apply equally on days 

you serve the Government and on days you don't. 
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FINANCIAL CONFLICTS OF INTEREST

Special Government Employees

• SGEs will be required to file a financial disclosure report.

• A conflict-of-interest statute requires their disqualification from participating 

in a matter— including by giving advice or making a recommendation—in 

which they or their spouse, minor child, partner, household member, or 

employer has a financial interest. 
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CONFLICTS OF INTEREST 

BASED ON PERSONAL RELATIONSHIPS

Special Government Employees

• SGEs cannot participate in a matter in which a person with whom the SGE 

has a “covered relationship” is before the Government as a party (or 

represents a party) and their participation would cause a reasonable person 

to question their impartiality. 
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NON-FEDERAL EMPLOYMENT AND 

OTHER OUTSIDE ACTIVITIES

Special Government Employees 

• SGEs are likely to have employment other than their U.S. Government 

position. It is important that SGEs consider whether such non-Federal 

employment, or other personal activities, conflict with their Government 

duties. 

• SGEs are required to disqualify themselves from participating on matters in 

which an outside employer, or an organization in which they serve as an 

officer or board member, has a financial interest (except that SGEs are 

permitted to participate in general policy matters affecting a non-Federal 

employer if they serve on a Federal Advisory Committee). 
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RESTRICTION ON NON-FEDERAL ACTIVITIES

Special Government Employees

Special Government Employees may not:

• be a registered lobbyist; 

• be a registered foreign agent; 

• represent someone, or receive compensation due to someone else’s 

representational activities (such as a partner’s), before a Federal agency or 

Federal court; 

• be paid for teaching or writing about programs, policies, and operations of 

Commerce; 

• be employed by a foreign government, unless your only Federal service is as a 

member of a Federal advisory committee; and

• engage in political activities during days of Federal service 
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GIFTS

Special Government Employees

• Generally, SGEs cannot accept a personal gift from anyone who has or is 

seeking business with or action from the Department of Commerce, is 

regulated by Commerce, or has interests that can be affected by performance 

of your Federal duties, or a gift that was offered to them because of their 

Government position. 
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MISUSE OF GOVERNMENT RESOURCES

Special Government Employees

• The most common violation of ethics standards concerns the misuse of 

Government resources. 

• Appropriated funds, agency gift funds, and other Commerce resources are 

provided to support Government activities and may be used only for authorized 

purposes.
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Ethics Law and Programs Division

Phone: 202-482-5384

EthicsDivision@doc.gov

THANK YOU