§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 5545(a) and 5546;
(v) a student-employee as defined by section 5351 of this title;
[(vi) Repealed.
(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) 2 of title 50, appendix, applies;
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 901(a), (d), (e). | June 30, 1945, ch. 212 §101(a), (d), (e), |
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| Sept. 1, 1954, ch. 1208, §202(a), |
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| 5 U.S.C. 902 (less clause (1) and last sentence of (a)). | June 30, 1945, ch. 212, §102 (less clause (1) and last sentence of (a)), |
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| Aug. 4, 1947, ch. 452, §1, |
||
| Aug. 18, 1959,
|
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| 5 U.S.C. 2358(a) (as applicable to the Federal Employees Pay Act of 1945, as amended). | July 17, 1959,
|
The section is revised as a definition section. The provisions of former section 901(d) are omitted as unnecessary because the sections referred to state their application and there is no need to restate the application here.
In paragraph (1), the terms "Executive agency" and "military department" are substituted for the references in former section 901(a) and (e) to the executive branch, including Government-owned or controlled corporations, and the General Accounting Office in view of the definitions in sections 105 and 102.
In paragraph (2)(iii), the words "chapter 15 of title 31, District of Columbia Code" are substituted for the reference in former section 902(a)(4) to "the Teachers Salary Act of June 4, 1924, as amended" on authority of the provisions contained therein. Enumeration of the individuals to which the provisions apply are added.
In paragraph (2)(iv), the provisions of former section 902(a)(5) and (b)(6) are combined.
In paragraph (2)(v), the words "student-employee as defined by section 5351 of this title" are coextensive with and substituted for the enumeration of the employees in former section 902(a)(6).
In paragraph (2)(iv), (vi), (vii), (viii), (ix), (xi), and (xii), the reference to former section 947 is omitted as that section was repealed by the Act of Sept. 12, 1950, ch. 946, §301(85),
In paragraph (2)(xii), the reference to former section 946 is omitted as unnecessary since that section is not carried into this subchapter. The words "Panama Canal Company" are substituted for "Panama Railroad Company" on authority of the Act of Sept. 2, 1950, ch. 1049, §2(a)(2),
In paragraph (2)(xiii), the words "as defined by section 901 of title 20" are added on authority of former section 2351, which section is scheduled for transfer to section 901 of title 20.
The exception for officers and employees of the Inland Waterways Corporation in former section 902(b)(3) is omitted on authority of the Act of July 19, 1963,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Section 1291(a) of title 50, appendix, referred to in par. (2)(C)(ix), is section 1(a) of act Mar. 24, 1943, ch. 26,
Amendments
2010-Par. (2)(iv)(II).
2008-Par. (2)(xi).
1996-Par. (2)(xii).
1992-Par. (3).
1990-Par. (2)(iv).
1988-Par. (2)(xvii).
1980-Par. (2)(xiv).
Par. (2)(xv).
1979-Par. (2)(xii).
1978-Par. (2)(xvi).
Par. (2)(xv).
1977-Par. (2)(xiv), (xv).
1975-Par. (2)(iv).
1972-Par. (2)(xi).
1970-Par. (2)(vi).
1967-Par. (2)(xii).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by
Effective Date of 2008 Amendment
"(1) the effective date of any regulations prescribed to carry out such amendments; or
"(2) the 90th day after the date of the enactment of this Act [Jan. 28, 2008]."
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendments
Amendment by
Effective Date of 1977 Amendment
Section 412(a)(2) of
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Short Title of 1994 Amendment
Availability of Premium Pay for Attorneys Employed in Department of Justice
"(a) None of the funds made available by this or any other Act may be used to pay premium pay under title 5, United States Code, sections 5542–5549, to any individual employed as an attorney, including an Assistant United States Attorney, in the Department of Justice for any work performed on or after the date of the enactment of this Act [Nov. 29, 1999].
"(b) Notwithstanding any other provision of law, neither the United States nor any individual or entity acting on its behalf shall be liable for premium pay under title 5, United States Code, sections 5542–5549, for any work performed on or after the date of the enactment of this Act [Nov. 29, 1999] by any individual employed as an attorney in the Department of Justice, including an Assistant United States Attorney."
[
Sense of Congress Relating to Law Enforcement Officer Provisions
"(i) the provisions of section 5541(3) of title 5, United States Code (as added by section 2(40)(C) of this Act)-
"(I) are enacted only for the purposes of pay and not for the purposes of retirement;
"(II) do not reflect any intent of the Congress to change retirement eligibility standards for law enforcement officers; and
"(ii) law enforcement officers in primary positions have different retirement eligibility standards than employees in supervisory or administrative positions because of the different requirements in their responsibilities."
Payment of Bonuses for Foreign Language Capabilities
"(a)
"(b)
Executive Documents
Transfer of Functions
Environmental Science Services Administration in Department of Commerce, including offices of Administrator and Deputy Administrator thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627,