Federal · Title 5 — Government Organization and Employees
5 U.S.C. § 5541: Definitions
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an Executive agency; a military department; an agency in the judicial branch; the Library of Congress; the Botanic Garden; the Office of the Architect of the Capitol; and the government of the District of Columbia; an employee in or under an Executive agency; an individual employed by the government of the District of Columbia; and 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; a justice or judge of the United States; the head of an agency other than the government of the District of Columbia; 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; the Metropolitan Police or the Fire Department of the District of Columbia; or a member of the United States Park Police, other than for purposes of section 1 5545(a) and 5546; 1 So in original. Probably should be “sections”. a student-employee as defined by section 5351 of this title ; Repealed. Pub. L. 91–375, § 6(c)(16) , Aug. 12, 1970 , 84 Stat. 776 ;] 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; an employee of the Tennessee Valley Authority; an individual to whom section 1291(a) 2 of title 50, appendix, applies; 2 See References in Text note below. an employee of a Federal land bank, a Federal intermediate credit bank, or a bank for cooperatives; 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; 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; a “teacher” or an individual holding a “teaching position” as defined by section 901 of title 20 ; a Foreign Service officer; a member of the Senior Foreign Service; member of the Senior Executive Service; or a member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; and is a law enforcement officer within the meaning of section 8331(20) or 8401(17); 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; 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 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 is a special agent in the Diplomatic Security Service. the effective date of any regulations prescribed to carry out such amendments; or the 90th day after the date of the enactment of this Act [ Jan. 28, 2008 ].” 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 ]. 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.” are enacted only for the purposes of pay and not for the purposes of retirement; do not reflect any intent of the Congress to change retirement eligibility standards for law enforcement officers; and 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.” Notwithstanding any other provision of law, the Drug Enforcement Administration and the Federal Bureau of Investigation are authorized on and after October 1, 1988 , to pay bonuses up to 25 percent of base pay to employees of the Drug Enforcement Administration and the Federal Bureau of Investigation who possess and make substantial use of one or more languages, other than English, in the performance of their official duties. The Administrator of the Drug Enforcement Administration and the Director of the Federal Bureau of Investigation shall develop such policies as necessary to implement the payment of these bonuses. The provisions of this section shall apply only to an employee who has received a bonus under this section before January 1, 1992 . The provisions of subchapter III of chapter 45 of title 5, United States Code, shall apply to any employee who would otherwise be eligible to receive a bonus under this section, on and after such date.”
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