[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2635.102]

[Page 542-543]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2635--STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 2635.102  Definitions.

    The definitions listed below are used throughout this part. 
Additional definitions appear in the subparts or sections of subparts to 
which they apply. For purposes of this part:
    (a) Agency means an executive agency as defined in 5 U.S.C. 105 and 
the Postal Service and the Postal Rate Commission. It does not include 
the General Accounting Office or the Government of the District of 
Columbia.
    (b) Agency designee refers to any employee who, by agency 
regulation, instruction, or other issuance, has been delegated authority 
to make any determination, give any approval, or take any other action 
required or permitted by this part with respect to another employee. An 
agency may delegate these authorities to any number of agency designees 
necessary to ensure that determinations are made, approvals are given, 
and other actions are taken in a timely and responsible manner. Any 
provision that requires a determination, approval, or other action by 
the agency designee shall, where the conduct in issue is that of the 
agency head, be deemed to require that such determination, approval or 
action be made or taken by the agency head in consultation with the 
designated agency ethics official.

[[Page 543]]

    (c) Agency ethics official refers to the designated agency ethics 
official or to the alternate designated agency ethics official, referred 
to in Sec. 2638.202(b) of this chapter, and to any deputy ethics 
official, described in Sec. 2638.204 of this chapter, who has been 
delegated authority to assist in carrying out the responsibilities of 
the designated agency ethics official.
    (d) Agency programs or operations refers to any program or function 
carried out or performed by an agency, whether pursuant to statute, 
Executive order, or regulation.
    (e) Corrective action includes any action necessary to remedy a past 
violation or prevent a continuing violation of this part, including but 
not limited to restitution, change of assignment, disqualification, 
divestiture, termination of an activity, waiver, the creation of a 
qualified diversified or blind trust, or counseling.
    (f) Designated agency ethics official refers to the official 
designated under Sec. 2638.201 of this chapter.
    (g) Disciplinary action includes those disciplinary actions referred 
to in Office of Personnel Management regulations and instructions 
implementing provisions of title 5 of the United States Code or provided 
for in comparable provisions applicable to employees not subject to 
title 5, including but not limited to reprimand, suspension, demotion, 
and removal. In the case of a military officer, comparable provisions 
may include those in the Uniform Code of Military Justice.
    (h) Employee means any officer or employee of an agency, including a 
special Government employee. It includes officers but not enlisted 
members of the uniformed services. For purposes other than subparts B 
and C of this part, it does not include the President or Vice President. 
Status as an employee is unaffected by pay or leave status or, in the 
case of a special Government employee, by the fact that the individual 
does not perform official duties on a given day.
    (i) Head of an agency means, in the case of an agency headed by more 
than one person, the chair or comparable member of such agency.
    (j) He, his, and him include she, hers and her.
    (k) Person means an individual, corporation and subsidiaries it 
controls, company, association, firm, partnership, society, joint stock 
company, or any other organization or institution, including any 
officer, employee, or agent of such person or entity. For purposes of 
this part, a corporation will be deemed to control a subsidiary if it 
owns 50 percent or more of the subsidiary's voting securities. The term 
is all-inclusive and applies to commercial ventures and nonprofit 
organizations as well as to foreign, State, and local governments, 
including the Government of the District of Columbia. It does not 
include any agency or other entity of the Federal Government or any 
officer or employee thereof when acting in his official capacity on 
behalf of that agency or entity.
    (l) Special Government employee means those executive branch 
officers or employees specified in 18 U.S.C. 202(a). A special 
Government employee is retained, designated, appointed, or employed to 
perform temporary duties either on a full-time or intermittent basis, 
with or without compensation, for a period not to exceed 130 days during 
any consecutive 365-day period.
    (m) Supplemental agency regulation means a regulation issued 
pursuant to Sec. 2635.105.