---
kind: "section"
citation: "5 C.F.R. § 2634.1003"
title: "5"
number: "2634.1003"
heading: "Definitions."
url: "https://uscodex.org/cfr/5/2634.1003"
---

# §2634.1003. Definitions.


For purposes of this subpart:

- (a) **Eligible person—** means:
  - (1) Any officer or employee of the executive branch of the Federal Government, except a person who is a special Government employee as defined in [18 U.S.C. 202](/usc/18/202.md);
  - (2) The spouse or any minor or dependent child of the individual referred to in [paragraph (1)](#a-1) of this definition; and
  - (3) Any trustee holding property in a trust in which an individual referred to in paragraph [(1)](#a-1) or [(2)](#a-2) of this definition has a beneficial interest in principal or income.
- (b) **Permitted property—** means:
  - (1) An obligation of the United States; or
  - (2) **A diversified investment fund.** A diversified investment fund is a diversified mutual fund (including diversified exchange-traded funds) or a diversified unit investment trust, as defined in 5 CFR [2640.102(a)](/cfr/5/2640.102.md?p=a), [(k)](/cfr/5/2640.102.md?p=k) and [(u)](/cfr/5/2640.102.md?p=u);
  - (3) Provided, however, a permitted property cannot be any holding prohibited by statute, regulation, rule, or Executive order. As a result, requirements applicable to specific agencies and positions may limit an eligible person's choices of permitted property. An employee seeking a Certificate of Divestiture should consult the appropriate designated agency ethics official to determine whether a statute, regulation, rule, or Executive order may limit choices of permitted property.

## Notes

### Authority

Authority: 5 U.S.C. ch. 131; 26 U.S.C. 1043; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note, as amended by sec. 31001, Pub. L. 104-134, 110 Stat. 1321 and sec. 701, Pub. L. 114-74; Pub. L. 112-105, 126 Stat. 291; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.

### Source

Source: 83 FR 33981, July 18, 2018, unless otherwise noted.