---
kind: "section"
citation: "5 C.F.R. § 4601.102"
title: "5"
number: "4601.102"
heading: "Designation of DHS components as separate agencies."
url: "https://uscodex.org/cfr/5/4601.102"
---

# §4601.102. Designation of DHS components as separate agencies.

- (a) Pursuant to [5 CFR 2635.203(a)](/cfr/5/2635.203.md?p=a), DHS designates each of the following components as a separate agency for purposes of the regulations in [subpart B](/cfr/5/subpartB.md) of [5 CFR part 2635](/cfr/5/part2635.md) governing gifts from outside sources, including determining whether the donor of a gift is a prohibited source under [5 CFR 2635.203(d)](/cfr/5/2635.203.md?p=d); for purposes of the regulations in [§ 4601.103(c)](/cfr/5/4601.103.md?p=c) of this part governing the establishment of procedures for obtaining prior approval for outside employment; for purposes of the regulations in [§ 4601.103(c)](/cfr/5/4601.103.md?p=c) of this part governing the designation of officials; and for the purposes of the regulations in [5 CFR 2635.807](/cfr/5/2635.807.md) governing teaching, speaking, and writing:
  - (1) Federal Emergency Management Agency (FEMA);
  - (2) Federal Law Enforcement Training Center;
  - (3) Transportation Security Administration;
  - (4) U.S. Citizenship and Immigration Services;
  - (5) U.S. Coast Guard;
  - (6) U.S. Customs and Border Protection (CBP);
  - (7) U.S. Immigration and Customs Enforcement (ICE); and
  - (8) U.S. Secret Service.
- (b)
  - (1) DHS will treat employees of DHS components not designated as separate agencies in [paragraph (a)](#a) of this section, including employees of the Office of the Secretary, as employees of the remainder of DHS. For purposes of the regulations in [subpart B](/cfr/5/subpartB.md) of [5 CFR part 2635](/cfr/5/part2635.md) governing gifts from outside sources, including determining whether the donor of a gift is a prohibited source under [5 CFR 2635.203(d)](/cfr/5/2635.203.md?p=d); for purposes of the regulations in [§ 4601.103(c)](/cfr/5/4601.103.md?p=c) of this part governing the establishment of procedures for obtaining prior approval for outside employment; for purposes of the regulations in [§ 4601.103(c)](/cfr/5/4601.103.md?p=c) of this part governing the designation of officials; and for purposes of the regulations in [5 CFR 2635.807](/cfr/5/2635.807.md) governing teaching, speaking, and writing, DHS will treat the remainder of DHS as a single agency that is separate from the components designated as separate agencies in [paragraph (a)](#a) of this section.
  - (2) For the limited purposes of establishing procedures for obtaining prior approval for outside employment and designating officials pursuant to [§ 4601.103(c)](/cfr/5/4601.103.md?p=c) of this part, DHS will treat the DHS Office of Inspector General as a separate agency.
- (c) An employee on detail from his or her employing agency to another agency for a period in excess of 30 calendar days is subject to the supplemental regulations and instructions of the agency to which he is detailed rather than his or her employing agency.

## Notes

### Authority

Authority: 5 U.S.C. 301, 7301, 7353; 5 U.S.C. App. (Ethics in Government Act of 1978); 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; 5 CFR 2635.105, 2635.203(a), 2635.403(a), 2635.702, 2635.703, 2635.802(a), 2635.803, 2635.

### Source

Source: 81 FR 6167, Jan. 5, 2016, unless otherwise noted.