Intelligence Law Glossary - Employee [HTML-Only]


««« Previous Term  |  Next Term »»»

Employee

Statutory Law

5 U.S.C. § 7103 (a)(2) (2010) (Title 5—Chapter 71: Labor-Management Relations—Subchapter I: General Provisions)

(a) For the purpose of this chapter [5 U.S.C. §§ 7101 et seq.]— […]
   (2) "employee" means an individual—
      (A) employed in an agency; or
      (B) whose employment in an agency has ceased because of any unfair labor practice under section 7116 of this title [5 U.S.C. § 7116] and who has not obtained any other regular and substantially equivalent employment, as determined under regulations prescribed by the Federal Labor Relations Authority;
   but does not include—
      (i) an alien or noncitizen of the United States who occupies a position outside the United States;
      (ii) a member of the uniformed services;
      (iii) a supervisor or a management official;
      (iv) an officer or employee in the Foreign Service of the United States employed in the Department of State, the International Communication Agency, the Agency for International Development, the Department of Agriculture, or the Department of Commerce; or
      (v) any person who participates in a strike in violation of section 7311 of this title [5 U.S.C. § 7311];

5 U.S.C. § 7501(1) (2010) (Title 5—Chapter 75: Adverse Actions—Subchapter I: Suspension for 14 Days or Less)

For the purpose of this subchapter [5 U.S.C. §§ 7501 et seq.]—"employee" means an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less;

5 U.S.C. § 7511(a)(1) (2010) (Title 5—Chapter 75: Adverse Actions—Subchapter II: Removal, Suspension for More than 14 Days, Reduction in Grade or Pay, or Furlough for 30 Days or Less)

(a) For the purpose of this subchapter [5 U.S.C. §§ 7511 et seq.]—
   (1) "employee" means—
      (A) an individual in the competitive service—
         (i) who is not serving a probationary or trial period under an initial appointment; or
         (ii) who has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less;
      (B) a preference eligible in the excepted service who has completed 1 year of current continuous service in the same or similar positions—
         (i) in an Executive agency; or
         (ii) in the United States Postal Service or Postal Regulatory Commission; and
      (C) an individual in the excepted service (other than a preference eligible)—
         (i) who is not serving a probationary or trial period under an initial appointment pending conversion to the competitive service; or
         (ii) who has completed 2 years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to 2 years or less;

5 U.S.C. § 7541 (2010) (Title 5—Chapter 75: Adverse Actions—Subchapter V: Senior Executive Service)

 For the purpose of this subchapter [5 U.S.C. §§ 7541 et seq.]—
   (1) "employee" means a career appointee in the Senior Executive Service who—
      (A) has completed the probationary period prescribed under section 3393(d) of this title [5 U.S.C. § 3393(d)]; or
      (B) was covered by the provisions of subchapter II of this chapter [5 U.S.C. §§ 7511 et seq.] immediately before appointment to the Senior Executive Service;

50 U.S.C. § 426(7) (2010) (Title 50—Chapter 15: National Security--Subchapter D: Protection of Certain National Security Information)

For the purposes of this title [50 U.S.C. §§ 421 et seq.]:
   (7) The terms "officer" and "employee" have the meanings given such terms by section 2104 and 2105, respectively, of title 5, United States Code.

50 U.S.C. § 438(4) (2010) (Title 50—Chapter 15: National Security—Subchapter F: Access to Classified Information)

For purposes of this title [50 U.S.C. §§ 435 et seq.]—
   (4) the term "employee" includes any person who receives a salary or compensation of any kind from the United States Government, is a contractor of the United States Government or an employee thereof, is an unpaid consultant of the United States Government, or otherwise acts for or on behalf of the United States Government, except as otherwise determined by the President;

Administrative Law

Executive Order 12333, United States Intelligence Activities, § 3.5(d) (2010)

Employee means a person employed by, assigned or detailed to, or acting for an element within the Intelligence Community.

28 CFR § 69.105(k) [28 CFR PART 69—NEW RESTRICTIONS ON LOBBYING]

For purposes of this part:
[…]
(k) Officer or employee of an agency
includes the following individuals who are employed by an agency:
(1) An individual who is appointed to a position in the Government under title 5, U.S. Code, including a position under a temporary appointment;
(2) A member of the uniformed services as defined in section 101(3), title 37, U.S. Code;
(3) A special Government employee as defined in section 202, title 18, U.S. Code; and,
(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, U.S. Code appendix 2.

28 CFR § 105.22(b) [28 CFR PART 105—CRIMINAL HISTORY BACKGROUND CHECKS: Subpart C—Private Security Officer Employment]

As used in this subpart:
[…]
(b) Employee
means both a current employee and an applicant for employment as a private security officer.

32 CFR § 1805.2 [32 CFR CHAPTER XVIII—NATIONAL COUNTERINTELLIGENCE CENTER: 32 CFR PART 1805—PRODUCTION OF OFFICIAL RECORDS OR DISCLOSURE OF OFFICIAL INFORMATION IN PROCEEDINGS BEFORE FEDERAL, STATE OR LOCAL GOVERNMENT ENTITIES OF COMPETENT JURISDICTION]

For the purpose of this part:
[…]
Employee
means any officer, any staff, contract or other employee of NACIC, any person including independent contractors associated with or acting on behalf of NACIC; and any person formerly having such relationships with NACIC.

32 CFR § 1806.2 [32 CFR CHAPTER XVIII—NATIONAL COUNTERINTELLIGENCE CENTER: 32 CFR PART 1806—PROCEDURES GOVERNING ACCEPTANCE OF SERVICE OF PROCESS]

[…]
Employee
means any NACIC officer, any staff, contract, or other employee of NACIC, any person including independent contractors associated with or acting for or on behalf of NACIC, and any person formerly having such a relationship with NACIC.

32 CFR § 1904.2(c) [32 CFR CHAPTER XIX—CENTRAL INTELLIGENCE AGENCY: 32 CFR PART 1904—PROCEDURES GOVERNING ACCEPTANCE OF SERVICE OF PROCESS]

(c) Employee
means any CIA officer, any staff, contract, or other employee of CIA, any person including independent contractors associated with or acting for or on behalf of CIA, and any person formerly having such a relationship with CIA.

32 CFR § 1905.2(c) [32 CFR CHAPTER XIX—CENTRAL INTELLIGENCE AGENCY: 32 CFR PART 1905—PRODUCTION OF OFFICIAL RECORDS OR DISCLOSURE OF OFFICIAL INFORMATION IN PROCEEDINGS BEFORE FEDERAL, STATE OR LOCAL GOVERNMENTAL ENTITIES OF COMPETENT JURISDICTION]

For the purpose of this part:
(c) Employee
means any officer, any staff, contract, or other employee of CIA; any person including independent contractors associated with or acting on behalf of CIA; and any person formerly having such a relationship with CIA.

32 CFR § 2001.92(f):  Definitions [32 CFR CHAPTER XX—INFORMATION SECURITY OVERSIGHT OFFICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION: 32 CFR PART 2001—CLASSIFIED NATIONAL SECURITY INFORMATION]

(f) Employee
means a person, other than the President and Vice President, employed by, detailed or assigned to, an agency, including members of the Armed Forces; an expert or consultant to an agency; an industrial or commercial contractor, licensee, certificate holder, or grantee of an agency, including all subcontractors; a personal services contractor; or any other category of person who acts for or on behalf of an agency as determined by the appropriate agency head.

Department of Defense Regulation 5240.1-R, Procedures Governing the Activities of DOD Intelligence Components that Affect U.S. Persons, § DL1.1.10 (Dec. 1982): Employee

A person employed by, assigned to, or acting for an agency within the intelligence community, including contractors and persons otherwise acting at the direction of such an agency.

The Attorney General’s Guidelines for Domestic FBI Operations § VII (B) (Sept. 29, 2008)

An FBI employee or an employee of another agency working under the direction and control of the FBI.

See Also

28 CFR § 22.2(g) [28 CFR PART 22—CONFIDENTIALITY OF IDENTIFIABLE RESEARCH AND STATISTICAL INFORMATION]

[…]
(g) Officer or employee of the Federal Government
means any person employed as a regular or special employee of the U.S. (including experts, consultants, and advisory board members) as of July 1, 1973, or at any time thereafter.

28 CFR § 45.10:  Procedures to promote compliance with crime victims' rights obligations [28 CFR PART 45—EMPLOYEE RESPONSIBILITIES]

(a) Definitions.
The following definitions shall apply with respect to this section, which implements the provisions of the Justice for All Act that relate to protection of the rights of crime victims. See 18 U.S.C. 3771.
[…]
Employee of the Department of Justice
means an attorney, investigator, law enforcement officer, or other personnel employed by any division or office of the Department of Justice whose regular course of duties includes direct interaction with crime victims, not including a contractor.

32 CFR § 1702.2 [32 CFR CHAPTER XVII—OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE: 32 CFR PART 1702—PROCEDURES GOVERNING THE ACCEPTANCE OF SERVICE OF PROCESS]

For purposes of this part the following terms have the following meanings:
[…]
ODNI Employee.
Any current or former employee, contractor, independent contractor, assignee or detailee to the ODNI.

32 CFR § 1703.2 [32 CFR CHAPTER XVII—OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE: 32 CFR PART 1703—PRODUCTION OF ODNI INFORMATION OR MATERIAL IN PROCEEDINGS BEFORE FEDERAL, STATE, LOCAL OR OTHER GOVERNMENT ENTITY OF COMPETENT JURISDICTION]

The following definitions apply to this part:
[…]
ODNI Employee:
Any current or former employee, contractor, independent contractor, assignee or detailee to the ODNI.