5 USC 5402 - Definitions

U.S Code last checked for updates: Nov 23, 2024

§ 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