§ 4301. Definitions
For the purpose of this
subchapter--
(1) "agency"
means--
(A) an
Executive agency; and
(B) the
Government Printing Office;
but
does not include--
(i)
a Government corporation;
(ii) the
Central Intelligence Agency, the Defense Intelligence Agency, the
National Geospatial-Intelligence Agency, the National Security
Agency, or any Executive agency or unit thereof which is designated
by the President and the principal function of which is the conduct
of foreign intelligence or counterintelligence activities; or
(iii)
the Government Accountability Office;
(2)
"employee" means an individual employed in or under an agency, but
does not include--
(A) an
employee outside the United States who is paid in accordance with
local native prevailing wage rates for the area in which employed;
(B) an
individual in the Foreign Service of the
U.S.
(C) a
physician, dentist, nurse, or other employee in the Veterans Health
Administration of the Department of Veterans Affairs whose pay is
fixed under chapter 73 of title 38;
(D) an
administrative law judge appointed under
section 3105 of this title;
(E) an
individual in the Senior Executive Service or the Federal Bureau of
Investigation and Drug Enforcement Administration Senior Executive
Service;
(F) an
individual appointed by the President;
(G) an
individual occupying a position not in the competitive service
excluded from coverage of this subchapter by regulations of the
Office of Personnel Management; or
(H) an
individual who (i) is serving in a position under a temporary
appointment for less than one year, (ii) agrees to serve without a
performance evaluation, and (iii) will not be considered for a
reappointment or for an increase in pay based in whole or in part on
performance; and
(3)
"unacceptable
performance" means performance of an employee which
fails to meet established performance standards in one or more
critical elements of such employee's position. |