(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 United States; (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


5 USC § 4301(2)

Scoping language

for the purpose of this subchapter
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