§ 630.1502 Definitions

5 CFR 630.1502In this subpart:

5 CFR 630.1502 (definition of "Agency")Agency means an Executive agency as defined in 5 U.S.C.105, excluding the Government Accountability Office. When the term “agency” is used in the context of an agency making determinations or taking actions, it means the agency head or management officials who are authorized (including by delegation) to make the given determination or take the given action.

5 CFR 630.1502 (definition of "Chief Human Capital Officer or CHCO")Chief Human Capital Officer or CHCO means the Chief Human Capital Officer of an agency designated or appointed under 5 U.S.C 1401, or the equivalent.

5 CFR 630.1502 (definition of "Committee of jurisdiction")Committee of jurisdiction means, with respect to an agency, each committee of the Senate or House of Representatives with jurisdiction over the agency.

5 CFR 630.1502 (definition of "Employee")Employee means an individual who is covered by this subpart, as described in § 630.1501(b) and (c).

5 CFR 630.1502 (definition of "Investigation")Investigation means an inquiry by an investigative entity regarding an employee involving such matters as: (1) an employee's alleged misconduct that could result in an adverse action as described in 5 CFR part 752 or similar authority or other matters that could lead to outcomes adverse to the employee; and (2) an employee's compliance with or adherence to security requirements. An investigation includes:

5 CFR 630.1502 (definition of "Investigation", paragraph (1))(1) An inquiry by an investigative entity regarding an employee involving security concerns, including whether the employee should retain eligibility to hold a position that is national security sensitive under E.O. 13467, as amended, and standards issued by the Office of the Director of National Intelligence (ODNI) regarding eligibility for access to classified information under E.O. 12968, as amended, and standards issued by ODNI; or eligibility for logical or physical access to agency facilities and systems under the standards established by Homeland Security Presidential Directive (HSPD) 12 and guidance issued pursuant to that directive;

5 CFR 630.1502 (definition of "Investigation", paragraph (2))(2) The period of time during which an appeal of a security clearance suspension or revocation is pending; and

5 CFR 630.1502 (definition of "Investigation", paragraph (3))(3) Preparation of an investigative report and recommendation(s) related to the subject of the investigation.

5 CFR 630.1502 (definition of "Investigative entity")Investigative entity means—

5 CFR 630.1502 (definition of "Investigative entity", paragraph (1))(1) An internal investigative unit of an agency granting investigative leave under this subpart, which may be composed of one or more persons, such as supervisors, managers, human resources practitioners, personnel security office staff, workplace violence prevention team members, or other agency representatives;

5 CFR 630.1502 (definition of "Investigative entity", paragraph (2))(2) The Office of Inspector General of an agency granting investigative leave under this subpart;

5 CFR 630.1502 (definition of "Investigative entity", paragraph (3))(3) The Attorney General; or

5 CFR 630.1502 (definition of "Investigative entity", paragraph (4))(4) The Office of Special Counsel.

5 CFR 630.1502 (definition of "Investigative leave")Investigative leave means leave in which an employee who is the subject of an investigation is placed, as authorized under 5 U.S.C. 6329b (and not authorized under any other provision of law), and which is provided without loss of or reduction in—

5 CFR 630.1502 (definition of "Investigative leave", paragraph (1))(1) Pay;

5 CFR 630.1502 (definition of "Investigative leave", paragraph (2))(2) Leave to which an employee is otherwise entitled under law; or

5 CFR 630.1502 (definition of "Investigative leave", paragraph (3))(3) Credit for time or service.

5 CFR 630.1502 (definition of "Notice leave")Notice leave means leave in which an employee who is in a notice period is placed, as authorized under 5 U.S.C. 6329b (and not authorized under any other provision of law), and which is provided without loss of or reduction in—

5 CFR 630.1502 (definition of "Notice leave", paragraph (1))(1) Pay;

5 CFR 630.1502 (definition of "Notice leave", paragraph (2))(2) Leave to which an employee is otherwise entitled under law; or

5 CFR 630.1502 (definition of "Notice leave", paragraph (3))(3) Credit for time or service.

5 CFR 630.1502 (definition of "Notice period")Notice period means a period beginning on the date on which an employee is provided notice, as required under law, of a proposed adverse action against the employee and ending—

5 CFR 630.1502 (definition of "Notice period", paragraph (1))(1) On the effective date of the adverse action; or

5 CFR 630.1502 (definition of "Notice period", paragraph (2))(2) On the date on which the agency notifies the employee that no adverse action will be taken.

5 CFR 630.1502 (definition of "OPM")OPM means the Office of Personnel Management.

5 CFR 630.1502 (definition of "Participating in a telework program")Participating in a telework program means an employee is eligible to telework and has an established arrangement with the employee's agency under which the employee is approved to participate in the agency telework program, including on a routine or situational basis. Such an employee who teleworks on a situational basis is considered to be continuously participating in a telework program even if there are extended periods during which the employee does not perform telework.

5 CFR 630.1502 (definition of "Telework site")Telework site means a location where an employee is authorized to perform telework, as described in 5 U.S.C. chapter 65, such as an employee's home.