Definitions; application

§ 5102. Definitions; application (a) For the purpose of this chapter— (1) “agency” means— (A) an Executive agency; (B) the Administrative Office of the United States Courts; (C) the Library of Congress; (D) the Botanic Garden; (E) the Government Printing Office; (F) the Office of the Architect of the Capitol; and (G) the government of the District of Columbia; but does not include— (i) a Government controlled corporation; (ii) the Tennessee Valley Authority; (iii) The Alaska Railroad; (iv) the Virgin Islands Corporation; (v) the Atomic Energy Commission; (vi) the Central Intelligence Agency; (vii) the Panama Canal Company; or (viii) the National Security Agency, Department of Defense; (2) “employee” means an individual employed in or under an agency; (3) “position” means the work, consisting of the duties and responsibilities, assignable to an employee; (4) “class” or “class of positions” includes all positions which are sufficiently similar, as. to— (A) kind or subject-matter of work; (B) level of difficulty and responsibility; and (C) the qualification requirements of the work; to warrant similar treatment in personnel and pay administration; and (5) “grade” includes all classes of positions which, although different with respect to kind or subject-matter of work, are sufficiently equivalent as to— (A) level of difficulty and responsibility; and (B) level of qualification requirements of the work; to warrant their inclusion within one range of rates of basic pay in the General Schedule. (b) Except as provided by subsections (c) and (d) of this section, this chapter applies to all civilian positions and employees in or under an agency. (c) This chapter does not apply to— (1) employees in the postal field service whose pay is fixed under chapter 45 of title 39; 80 Stat. 445 (2) employees in the Foreign Service of the United States whose pay is fixed under chapter 14 of title 22; and positions in or under the Department of State which are— (A) connected with the representation of the United States to international organizations; or (B) specifically exempted by statute from this chapter or other classification or pay statute; (3) physicians, dentists, nurses, and other employees in the Department of Medicine and Surgery, Veterans’ Administration, whose pay is fixed under chapter 73 of title 38; (4) teachers, school officials, and employees of the Board of Education of the District of Columbia whose pay is fixed under chapter 15 of title 31, District of Columbia Code; and the chief judge and the associate judges of the District of Columbia Court of General Sessions, the District of Columbia Court of Appeals, and the Juvenile Court of the District of Columbia; (5) members of the Metropolitan Police, the Fire Department of the District of Columbia, the United States Park Police, and the White House Police; (6) lighthouse keepers and civilian employees on lightships and vessels of the Coast Guard whose pay is fixed under section 432 (f) and (g) of title 14; (7) employees in recognized trades or crafts, or other skilled mechanical crafts, or in unskilled, semiskilled, or skilled manual-labor occupations, and other employees including foremen and supervisors in positions having trade, craft, or laboring experience and knowledge as the paramount requirement, and employees in the Bureau of Engraving and Printing whose duties are to perform or to direct manual or machine operations requiring special skill or experience, or to perform or direct the counting, examining, sorting, or other verification of the product of manual or machine operations; (8) officers and members of crews of vessels; (9) employees of the Government Printing Office whose pay is fixed under section 40 of title 44; (10) civilian professors, lecturers, and instructors at the Naval War College and the Naval Academy whose pay is fixed under sections 6952 and 7478 of title 10; senior professors, professors, associate and assistant professors, and instructors at the Naval Postgraduate School whose pay is fixed under section 7044 of title 10; and the Academic Dean of the Postgraduate School of the Naval Academy whose pay is fixed under section 7043 of title 10; (11) aliens or noncitizens of the United States who occupy positions outside the United States; (12) (A) employees of an agency who are stationed in the Canal Zone; and (B) on approval by the Civil Service Commission of the request of an agency which has employees stationed in both the Republic of Panama and the Canal Zone, employees of the agency who are stationed in the Republic of Panama; (13) employees who serve without pay or at nominal rates of pay; (14) employees whose pay is not wholly from appropriated funds of the United States, except that with respect to the Veterans’ Canteen Service, Veterans’ Administration, this paragraph applies only to employees necessary for the transaction of the busi-80 Stat. 446ness of the Service at canteens, warehouses, and storage depots whose employment is authorized by section 4202 of title 38; (15) employees who pay is fixed under a cooperative agreement between the United States and— (A) a State or territory or possession of the United States, or political subdivision thereof; or (B) an individual or organization outside the service of the Government of the United States; (16) student nurses, medical or dental interns, residents-in-training, student dietitians, student physical therapists, student occupational therapists, and other student employees, assigned or attached to a hospital, clinic, or laboratory primarily for training purposes, whose pay is fixed under subchapter V of chapter 53 of this title or section 4114 of title 38; (17) inmates, patients, or beneficiaries receiving care or treatment or living in Government agencies or institutions; (18) experts or consultants, when employed temporarily or intermittently in accordance with section 3109 of this title; (19) emergency or seasonal employees whose employment is of uncertain or purely temporary duration, or who are employed for brief periods at intervals; (20) employees employed on a fee, contract, or piece work basis; (21) employees who may lawfully perform their duties con-currently with their private profession, business, or other employment, and whose duties require only a portion of their time, when it is impracticable to ascertain or anticipate the proportion of time devoted to the service of the Government of the United States; (22) “teachers” and “teaching positions” as defined by section 901 of title 20; (23) examiners-in-chief and designated examiners-in-chief in the Patent Office, Department of Commerce; (24) temporary positions in the Bureau of the Census established under section 23 of title 13, and enumerator positions in the Bureau of the Census; or (25) positions for which rates of basic pay are individually fixed, or expressly authorized to be fixed, by other statute, at or in excess of the maximum rate for GS–18. (d) This chapter does not apply to an employee of the Office of the Architect of the Capitol whose pay is fixed by other statute. Subsection (c) of this section, except paragraph (7), does not apply to the Office of the Architect of the Capitol.