5 C.F.R. § 2637.102   Definitions.


Title 5 - Administrative Personnel


Title 5: Administrative Personnel
PART 2637—REGULATIONS CONCERNING POST EMPLOYMENT CONFLICT OF INTEREST
Subpart A—General Provisions

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§ 2637.102   Definitions.

(a) Statutory definitions. The following are defined terms which largely repeat portions of the text of the statute. They are set out here to permit a simplified presentation of statutory requirements in the regulations which follow. Other definitions, which supplement the statutory language, are listed in paragraph (b) of this section and are set forth in detail in the substantive regulations.

(1) United States or Government means any department, agency, court, court-martial, or any civil, military or naval commission of the United States, the District of Columbia, or any officer or employee thereof.

(2) Agency includes an Executive Department, a Government corporation and an independent establishment of the executive branch, which includes an independent commission. (See 18 U.S.C. 6.)

(3) Government Employee includes any officer or employee of the Executive Branch (as defined in 18 U.S.C. 202 and, e.g., 5 U.S.C. 2104 and 2105); those appointed or detailed under 5 U.S.C. 3374, and a Special Government Employee, but shall not include an individual performing services for the United States as an independent contractor under a personal service contract.

(4) Former Government Employee means one who was, and is no longer, a Government employee.

(5) Special Government Employee means an officer or employee of an agency 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 (18 U.S.C. 202).

(6) Senior Employee means an officer or employee named in, or designated by the Director pursuant to, section 207(d) of title 18 U.S.C. to whom 207(b)(ii) and (c) shall apply (See §2637.211 of this part.)

(7) Particular Government matter involving a specific party means any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties in which the United States is a party or has a direct and substantial interest.

(b) Interpretative definitions. Other terms defined and interpreted in the substantive regulations are:

(1) Acting as Agent or Attorney: (See §2637.201(b).)

(2) Actually Pending: (See §2637.202(c).)

(3) Communicating with Intent to Influence: (See §2637.201(b).)

(4) Direct and Substantial Interest: (See §2637.204(f).)

(5) Participate Personally and Substantially: (See §2637.201(d).)

(6) Particular Matter Involving a Specific Party or Parties: (See §2637.201(c).)

(7) Particular Matter (without parties): (See §2637.204(d).)

(8) Official Responsibility: (See §2637.202(b).)

(9) Rate of Pay: (See §2637.211(b)(4).)

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