I suppose this will be known for sure eventually.
The wording is specific for the Executive Branch (a) 1
Trump is appointing Kushner to a political patronage position.
However government 'agency' is defined
executive branch, Executive Office of the President - the branch of the United States government that is responsible for carrying out the laws ... inclusive 
The whole thing is shady.
Drain the swamp and fill it back up with "my guys" ...
The Administration is now a family and "Wall Street" insider business -- is that what you voted for?