§ 6301. Definitions

2,296 words·~10 min read·/usc/title-5/section-6301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

For the purpose of this subchapter—

(1)“United States”, when used in a geographical sense means the several States and the District of Columbia; and

(2)“employee” means—

(A)an employee as defined by section 2105 of this title; and

(B)an individual first employed by the government of the District of Columbia before October 1, 1987;

but does not include—

(i)a teacher or librarian of the public schools of the District of Columbia;

(ii)a part-time employee who does not have an established regular tour of duty during the administrative workweek;

(iii)a temporary employee engaged in construction work at an hourly rate;

(iv)an employee of the Panama Canal Commission when employed on the Isthmus of Panama;

(v)an employee of the Veterans Health Administration who is covered by a leave system established under section 7421 of title 38;

(vi)an employee of either House of Congress or of the two Houses;

(vii)an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;

(viii)an alien employee who occupies a position outside the United States, except as provided by section 6310 of this title;

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

(x)an officer in the executive branch or in the government of the District of Columbia who is appointed by the President and whose rate of basic pay exceeds the highest rate payable under section 5332 of this title;

(xi)an officer in the executive branch or in the government of the District of Columbia who is designated by the President, except a postmaster, United States attorney, or United States marshal;

(xii)a chief of mission (as defined in section 102(a)(3) of the Foreign Service Act of 1980); or

(xiii)an officer in the legislative or judicial branch who is appointed by the President.

Notwithstanding clauses (x)–(xii) of paragraph (2), the term “employee” includes any member of the Senior Foreign Service or any Foreign Service officer (other than a member or officer serving as chief of mission or in a position which requires appointment by and with the advice and consent of the Senate) and any member of the Foreign Service commissioned as a diplomatic or consular officer, or both, under section 312 of the Foreign Service Act of 1980.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 517; Pub. L. 91–375, § 6(c)(17), Aug. 12, 1970, 84 Stat. 776; Pub. L. 95–519, § 1, Oct. 25, 1978, 92 Stat. 1819; Pub. L. 96–70, title III, § 3302(e)(2), Sept. 27, 1979, 93 Stat. 498; Pub. L. 96–465, title II, §§ 2312(a), 2314(f)(1), Oct. 17, 1980, 94 Stat. 2166, 2168; Pub. L. 99–335, title II, § 207(c)(1), formerly § 207(c), June 6, 1986, 100 Stat. 595, renumbered § 207(c)(1), Pub. L. 99–556, title II, § 201(1), Oct. 27, 1986, 100 Stat. 3135; Pub. L. 102–54, § 13(b)(2), June 13, 1991, 105 Stat. 274; Pub. L. 116–283, div. A, title XI, § 1103(f)(1), Jan. 1, 2021, 134 Stat. 3889.)

In paragraph (1), the words “when used in a geographical sense” are added for clarity.

In paragraph (2), the words “an employee as defined by section 2105 of this title” are coextensive with and substituted for “civilian officers and employees of the United States . . . including officers and employees of corporations wholly owned or controlled by the United States”. Specific reference to officers and members of the Metropolitan Police force of the District of Columbia, the Fire Department of the District of Columbia, the United States Park Police force, and the White House Police force, as set forth in former section 2067, is omitted as unnecessary in view of the provisions of paragraph (2)(A), (B).

The exception for “commissioned officers of the Public Health Service” and “commissioned officers of the Coast and Geodetic Survey” in former section 2061(b)(1)(E),

(F)is omitted as unnecessary since these officers are excluded by the definition of the word “employee” in section 2105.

In paragraph (2)(ix), 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.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.