Chapter 73, Subchapter IV, Section 7342, Subsection (a) · 5 U.S.C. Chapter 73 — SUITABILITY, SECURITY, AND CONDUCT

Contents

(a)For the purpose of this section—

(1)“employee” means—

(A)an employee as defined by section 2105 of this title and an officer or employee of the United States Postal Service or of the Postal Regulatory Commission;

(B)an expert or consultant who is under contract under section 3109 of this title with the United States or any agency, department, or establishment thereof, including, in the case of an organization performing services under such section, any individual involved in the performance of such services;

(C)an individual employed by, or occupying an office or position in, the government of a territory or possession of the United States or the government of the District of Columbia;

(D)a member of a uniformed service;

(E)the President and the Vice President;

(F)a Member of Congress as defined by section 2106 of this title (except the Vice President) and any Delegate to the Congress; and

(G)the spouse of an individual described in subparagraphs (A) through (F) (unless such individual and his or her spouse are separated) or a dependent (within the meaning of section 152 of the Internal Revenue Code of 1986) of such an individual, other than a spouse or dependent who is an employee under subparagraphs (A) through (F);

(2)“foreign government” means—

(A)any unit of foreign governmental authority, including any foreign national, State, local, and municipal government;

(B)any international or multinational organization whose membership is composed of any unit of foreign government described in subparagraph (A); and

(C)any agent or representative of any such unit or such organization, while acting as such;

(3)“gift” means a tangible or intangible present (other than a decoration) tendered by, or received from, a foreign government;

(4)“decoration” means an order, device, medal, badge, insignia, emblem, or award tendered by, or received from, a foreign government;

(5)“minimal value” means a retail value in the United States at the time of acceptance of $100 or less, except that—

(A)on January 1, 1981, and at 3 year intervals thereafter, “minimal value” shall be redefined in regulations prescribed by the Administrator of General Services, in consultation with the Secretary of State, to reflect changes in the consumer price index for the immediately preceding 3-year period; and

(B)regulations of an employing agency may define “minimal value” for its employees to be less than the value established under this paragraph; and

(6)“employing agency” means—

(A)the Committee on Standards of Official Conduct of the House of Representatives, for Members and employees of the House of Representatives, except that those responsibilities specified in subsections (c)(2)(A), (e)(1), and (g)(2)(B) shall be carried out by the Clerk of the House;

(B)the Select Committee on Ethics of the Senate, for Senators and employees of the Senate, except that those responsibilities (other than responsibilities involving approval of the employing agency) specified in subsections (c)(2), (d), and (g)(2)(B) shall be carried out by the Secretary of the Senate;

(C)the Administrative Office of the United States Courts, for judges and judicial branch employees; and

(D)the department, agency, office, or other entity in which an employee is employed, for other legislative branch employees and for all executive branch employees.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 15

Show every defined term

active part in political management or in a political campaign
means those acts of political management or political campaigning which were prohibited for employees of the competitive service before July 19, 1940, by determinations of the Civil Service Commission under the rules prescribed by the President.
agency
means an Executive agency.
conviction notice date
means the date on which an agency that employs a law enforcement officer has notice that the officer has been convicted of a felony that is entered by a Federal or State court, regardless of whether that conviction is appealed or is subject to appeal;
decoration
means an order, device, medal, badge, insignia, emblem, or award tendered by, or received from, a foreign government;
employee
means any individual, other than the President and the Vice President, employed or holding office in— but does not include a member of the uniformed services or an individual employed or holding office in the government of the District of Columbia;
employing agency
means—
felony
means any offense for which imprisonment is authorized for a term exceeding one year.
foreign government
means—
gift
means a tangible or intangible present (other than a decoration) tendered by, or received from, a foreign government;
intelligence community
has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).1
law enforcement officer
has the meaning given that term under section 8331(20) or 8401(17).
minimal value
means a retail value in the United States at the time of acceptance of $100 or less, except that—
officer or employee
means an individual holding an appointive or elective position in the executive, legislative, or judicial branch of Government, other than a Member of Congress.
partisan political office
means any office for which any candidate is nominated or elected as representing a party any of whose candidates for Presidential elector received votes in the last preceding election at which Presidential electors were selected, but shall exclude any office or position within a political party or affiliated organization;
supervising ethics office
means—