No, he isn’t.
(a) For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically modified, means an officer and an individual who is—
(1) appointed in the civil service by one of the following acting in an official capacity—
(A)
the President;
(B)
a Member or Members of Congress, or the Congress;
(C)
a member of a uniformed service;
(D)
an individual who is an employee under this section;
(E)
the head of a Government controlled corporation; or
(F)
an adjutant general designated by the Secretary concerned under section 709(c) of title 32;
(2)
engaged in the performance of a Federal function under authority of law or an Executive act; and
(3)
subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position.
