5 USC 5541 - Definitions

U.S Code last checked for updates: Nov 22, 2024

§ 5541.

Definitions

For the purpose of this subchapter—

(1)

“agency” means—

(A)

an Executive agency;

(B)

a military department;

(C)

an agency in the judicial branch;

(D)

the Library of Congress;

(E)

the Botanic Garden;

(F)

the Office of the Architect of the Capitol; and

(G)

the government of the District of Columbia;

(2)

“employee” means—

(A)

an employee in or under an Executive agency;

(B)

an individual employed by the government of the District of Columbia; and

(C)

an employee in or under the judicial branch, the Library of Congress, the Botanic Garden, and the Office of the Architect of the Capitol, who occupies a position subject to chapter 51 and subchapter III of chapter 53 of this title;

but does not include—

(i)

a justice or judge of the United States;

(ii)

the head of an agency other than the government of the District of Columbia;

(iii)

a teacher, school official, or employee of the Board of Education of the District of Columbia, whose pay is fixed under chapter 15 of title 31, District of Columbia Code;

(iv)

a member of—

(I)

the Metropolitan Police or the Fire Department of the District of Columbia; or

(II)

a member of the United States Park Police, other than for purposes of section 1

 So in original. Probably should be “sections”.

5545(a) and 5546;

(v)

a student-employee as defined by section 5351 of this title;

[(vi)

Repealed. Pub. L. 91–375, § 6(c)(16), Aug. 12, 1970, 84 Stat. 776;]

(vii)

an employee outside the continental United States or in Alaska who is paid in accordance with local native prevailing wage rates for the area in which employed;

(viii)

an employee of the Tennessee Valley Authority;

(ix)

an individual to whom section 1291(a) 

(x)

an employee of a Federal land bank, a Federal intermediate credit bank, or a bank for cooperatives;

(xi)

an employee whose pay is fixed and adjusted from time to time in accordance with prevailing rates under subchapter IV of chapter 53 of this title, or by a wage board or similar administrative authority serving the same purpose, except as provided by section 5544 or 5550b of this title;

(xii)

an employee of the Transportation Corps of the Army on a vessel operated by the United States, a vessel employee of the Environmental Science Services Administration, or a vessel employee of the Department of the Interior;

(xiii)

a “teacher” or an individual holding a “teaching position” as defined by section 901 of title 20;

(xiv)

a Foreign Service officer;

(xv)

a member of the Senior Foreign Service;

(xvi)

member of the Senior Executive Service; or

(xvii)

a member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; and

(3)

“law enforcement officer” means an employee who—

(A)

is a law enforcement officer within the meaning of section 8331(20) or 8401(17);

(B)

in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a law enforcement officer within the meaning of section 8331(20), would so qualify if such employee had transferred directly to such position after serving as a law enforcement officer within the meaning of such section;

(C)

in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a law enforcement officer within the meaning of section 8401(17), would so qualify if such employee had transferred directly to such position after performing duties described in section 8401(17)(A) and (B) for at least 3 years; and

(D)

in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84—

(i)

holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; or

(ii)

is a special agent in the Diplomatic Security Service.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 485; Pub. L. 90–83, § 1(4), Sept. 11, 1967, 81 Stat. 196; Pub. L. 91–375, § 6(c)(16), Aug. 12, 1970, 84 Stat. 776; Pub. L. 92–392, § 4, Aug. 14, 1972, 86 Stat. 573; Pub. L. 94–183, § 2(22), Dec. 31, 1975, 89 Stat. 1058; Pub. L. 95–105, title IV, § 412(a)(1), Aug. 17, 1977, 91 Stat. 855; Pub. L. 95–426, title II, § 204(b)(5)(B), Oct. 7, 1978, 92 Stat. 974; Pub. L. 95–454, title IV, § 408(a)(2), Oct. 13, 1978, 92 Stat. 1173; Pub. L. 96–70, title III, § 3302(e)(1), Sept. 27, 1979, 93 Stat. 498; Pub. L. 96–465, title II, § 2304, Oct. 17, 1980, 94 Stat. 2165; Pub. L. 100–325, § 2(i)(1), May 30, 1988, 102 Stat. 582; Pub. L. 101–509, title V, § 529 [title IV, § 411(a)], Nov. 5, 1990, 104 Stat. 1427, 1469; Pub. L. 102–378, § 2(40)(A)–(C), Oct. 2, 1992, 106 Stat. 1351; Pub. L. 104–201, div. C, title XXXV, § 3548(a)(6), Sept. 23, 1996, 110 Stat. 2869; Pub. L. 110–181, div. A, title XI, § 1111(b), Jan. 28, 2008, 122 Stat. 360; Pub. L. 111–282, § 4(c)(2), Oct. 15, 2010, 124 Stat. 3043.)

cite as: 5 USC 5541