18 U.S.C. § 202 : US Code - Section 202: Definitions

Search 18 U.S.C. § 202 : US Code - Section 202: Definitions

      (a) For the purpose of sections 203, 205, 207, 208, and 209 of
    this title the term "special Government employee" shall mean an
    officer or employee of the executive or legislative branch of the
    United States Government, of any independent agency of the United
    States or of the District of Columbia, who is retained, designated,
    appointed, or employed to perform, with or without compensation,
    for not to exceed one hundred and thirty days during any period of
    three hundred and sixty-five consecutive days, temporary duties
    either on a full-time or intermittent basis, a part-time United
    States commissioner, a part-time United States magistrate judge,
    or, regardless of the number of days of appointment, an independent
    counsel appointed under chapter 40 of title 28 and any person
    appointed by that independent counsel under section 594(c) of title
    28. Notwithstanding the next preceding sentence, every person
    serving as a part-time local representative of a Member of Congress
    in the Member's home district or State shall be classified as a
    special Government employee. Notwithstanding section 29(c) and (d)
    (!1) of the Act of August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r(c)
    and (d)), a Reserve officer of the Armed Forces, or an officer of
    the National Guard of the United States, unless otherwise an
    officer or employee of the United States, shall be classified as a
    special Government employee while on active duty solely for
    training. A Reserve officer of the Armed Forces or an officer of
    the National Guard of the United States who is voluntarily serving
    a period of extended active duty in excess of one hundred and
    thirty days shall be classified as an officer of the United States
    within the meaning of section 203 and sections 205 through 209 and
    218. A Reserve officer of the Armed Forces or an officer of the
    National Guard of the United States who is serving involuntarily
    shall be classified as a special Government employee. The terms
    "officer or employee" and "special Government employee" as used in
    sections 203, 205, 207 through 209, and 218, shall not include
    enlisted members of the Armed Forces.

      (b) For the purposes of sections 205 and 207 of this title, the
    term "official responsibility" means the direct administrative or
    operating authority, whether intermediate or final, and either
    exercisable alone or with others, and either personally or through
    subordinates, to approve, disapprove, or otherwise direct
    Government action.
      (c) Except as otherwise provided in such sections, the terms
    "officer" and "employee" in sections 203, 205, 207 through 209, and
    218 of this title shall not include the President, the Vice
    President, a Member of Congress, or a Federal judge.
      (d) The term "Member of Congress" in sections 204 and 207 means -
    
        (1) a United States Senator; and
        (2) a Representative in, or a Delegate or Resident Commissioner
      to, the House of Representatives.

      (e) As used in this chapter, the term - 
        (1) "executive branch" includes each executive agency as
      defined in title 5, and any other entity or administrative unit
      in the executive branch;
        (2) "judicial branch" means the Supreme Court of the United
      States; the United States courts of appeals; the United States
      district courts; the Court of International Trade; the United
      States bankruptcy courts; any court created pursuant to article I
      of the United States Constitution, including the Court of Appeals
      for the Armed Forces, the United States Court of Federal Claims,
      and the United States Tax Court, but not including a court of a
      territory or possession of the United States; the Federal
      Judicial Center; and any other agency, office, or entity in the
      judicial branch; and
        (3) "legislative branch" means - 
          (A) the Congress; and
          (B) the Office of the Architect of the Capitol, the United
        States Botanic Garden, the Government Accountability Office,
        the Government Printing Office, the Library of Congress, the
        Office of Technology Assessment, the Congressional Budget
        Office, the United States Capitol Police, and any other agency,
        entity, office, or commission established in the legislative
        branch.