5 C.F.R. § 920.101

Current through October 31, 2024

Section 920.101 - Definitions

For the purpose of this part:

Agency means-

(1) An Executive agency as such term is defined in 5 U.S.C. 105 , including-

(i) An Executive department defined in 5 U.S.C. 101 ;

(ii) A Government corporation defined in 5 U.S.C. 103(1) ; and

(iii) An independent establishment defined in 5 U.S.C. 104 , including the Government Accountability Office;

(2) A military department as defined in 5 U.S.C. 102 ;

(3) The United States Postal Service and the Postal Regulatory Commission; and

(4) Each component of the Executive Office of the President that is an independent establishment, or that has a position in the competitive service, with respect to an applicant for the position.

Applicant means a person who has applied to an agency under its procedures for accepting applications consistent with governmentwide regulations, as applicable.

Appointing authority means an employee in the executive branch of the Government of the United States that has authority to make appointments to positions in the civil service.

Conditional offer means an offer of employment to a position in the civil service that is conditioned upon the results of a background investigation, including, as relevant here, the results of a criminal history inquiry.

Criminal history record information -

(1) Except as provided in paragraphs (2) and (3) f this definition, has the meaning given the term in section 9101(a) of title 5, United States Code;

(2) Includes any information described in the first sentence of section 9101(a)(2) of title 5, United States Code, that has been sealed or expunged pursuant to law; and

(3) Includes information collected by a criminal justice agency, relating to an act or alleged act of juvenile delinquency, that is analogous to criminal history record information (including such information that has been sealed or expunged pursuant to law).

Employee means an "employee" as defined in 5 U.S.C. 2105 and an employee of the United States Postal Service or the Postal Regulatory Commission.

Political appointment means an appointment by the President without Senate confirmation (except those appointed under 5 CFR 213.3102(c) ); an appointment to a position compensated under the Executive Schedule (5 U.S.C. 5312 through 5316 ); an appointment of a White House Fellow to be assigned as an assistant to a top-level Federal officer (5 CFR 213.3102(z) ); a Schedule C appointment (5 CFR 213.3301 , 213.3302 ); a noncareer, limited term, or limited emergency Senior Executive Service appointment ( 5 CFR part 317, subpart F); an appointee to serve in a political capacity under agency-specific authority; and a provisional political appointment.

5 C.F.R. §920.101

88 FR 60332 , 10/2/2023