(1) An employee in or under an agency, except an employee excluded by paragraph (b) of this section;
(2) The head of an agency;
(3) The head of a military department, as defined in5 U.S.C. 102;
(4) A Foreign Service officer;
(5) A member of the Senior Foreign Service;
(6) A member of the Senior Executive Service; or
(7) A member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.
(b) This subpart does not apply to—
(1) An employee on the Isthmus of Panama in the service of the Panama Canal Commission; or
(2) An employee or individual excluded from the definition of employee in5 U.S.C. 5541(2), except employees excluded by 5 U.S.C. 5541(2)(ii), (iii), and (xiv) through (xvii) are covered by this subpart.
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