[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2641.101]

[Page 670-671]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2641_POST-EMPLOYMENT CONFLICT OF INTEREST RESTRICTIONS--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 2641.101  Definitions.


    The following terms are defined for purposes of this part:
    Agency includes any department, independent establishment, 
commission, administration, authority, board, or bureau of the United 
States, and includes a Government corporation. 18 U.S.C. 202(e)(1); 5 
U.S.C. 105.
    Department means one of the executive departments enumerated in 5 
U.S.C. 101.
    Designated agency ethics official means an officer or employee who 
is designated by the head of an agency to coordinate and manage an 
agency's ethics program in accordance with Sec. 2638.203 of this 
subchapter. 5 CFR 2638.202.
    Employee means any officer or employee of the executive branch as 
that term is defined in this section. Unless otherwise indicated, the 
term does not include the President or the Vice President. 18 U.S.C. 
202(c). It does not include an individual performing services for the 
United States as an independent contractor under a personal services 
contract or an enlisted member of the armed forces as defined in 5 
U.S.C. 2101(2). 18 U.S.C. 202(a). Unless otherwise indicated, the term 
encompasses senior employees, very senior employees, and special 
Government employees as defined in this section.
    Executive branch includes each executive agency as defined in 5 
U.S.C. 105, other than the General Accounting Office, and also includes 
any other entity or administrative unit in the executive branch. 18 
U.S.C. 202(e)(1).
    Former employee, former senior employee, or former very senior 
employee means one who was, and is no longer, an employee, senior 
employee, or very senior employee.
    Senior employee means an employee, other than a very senior 
employee, who is:
    (1) Employed in a position for which the rate of pay is specified in 
or fixed according to 5 U.S.C. 5311-5318 (the Executive Schedule);
    (2) Employed in a position for which the basic rate of pay, 
exclusive of any locality-based pay adjustment under 5 U.S.C. 5304 (or 
any comparable adjustment pursuant to interim authority of the 
President) is equal to or greater than the rate of basic pay payable for 
Level V of the Executive Schedule (including any such position in the 
Senior Executive Service or other SES-type systems, e.g., the Senior 
Foreign Service);
    (3) Appointed by the President to a position under 3 U.S.C. 
105(a)(2)(B);
    (4) Appointed by the Vice President to a position under 3 U.S.C. 
106(a)(1)(B);
    (5) Employed in a position which is held by an active duty 
commissioned officer of the uniformed services who is serving in a grade 
or rank for which the pay grade (as specified in 37 U.S.C. 201) is pay 
grade O-7 or above; or
    (6) Detailed to any such position.
    Special Government employee includes an officer or employee of an 
agency

[[Page 671]]

who is retained, designated, appointed, or employed to perform, with or 
without compensation, for not to exceed 130 days during any period of 
three hundred and sixty-five consecutive days, temporary duties either 
on a full-time or intermittent basis. See 18 U.S.C. 202(a).
    Very senior employee means an employee who is:
    (1) Serving in the position of Vice President of the United States;
    (2) Employed in a position at a rate of pay payable for Level I of 
the Executive Schedule;
    (3) Employed in a position in the Executive Office of the President 
at a rate of pay payable for Level II of the Executive Schedule;
    (4) Appointed by the President to a position under 3 U.S.C. 
105(a)(2)(A);
    (5) Appointed by the Vice President to a position under 3 U.S.C. 
106(a)(1)(A); or
    (6) Detailed to any such position.

[56 FR 3963, Feb. 1, 1991, as amended at 59 FR 34756, July 7, 1994]