United States Code
USC most recently checked for updates: Jun 09, 2025
§ 5402.
Definitions
For the purpose of this chapter—
(1)
“agency” means an Executive agency under section 105, but does not include the Government Accountability Office;
(2)
“employee” includes—
(A)
an individual paid under a statutory pay system defined in section 5302(1);
(B)
a prevailing rate employee, as defined in section 5342(a)(2); and
(C)
a category of employees included by the Office of Personnel Management following the review of an agency plan under section 5403(b)(1);
but does not include—
(i)
an individual paid at an annual rate of basic pay for a level of the Executive Schedule, under subchapter II of chapter 53, or at a rate provided for one of those levels under another provision of law;
(ii)
a member of the Senior Executive Service paid under subchapter VIII of chapter 53, or an equivalent system;
(iii)
an administrative law judge paid under section 5372;
(iv)
a contract appeals board member paid under section 5372a;
(v)
an administrative appeals judge paid under section 5372b; and
(vi)
an individual in a position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; and
(3)
“Office” means the Office of Personnel Management.
(Added Pub. L. 108–136, div. A, title XI, § 1129(a), Nov. 24, 2003 , 117 Stat. 1642; amended Pub. L. 108–271, § 8(b), July 7, 2004 , 118 Stat. 814.)
cite as: 5 USC 5402
