Section 5402 - DefinitionsFor 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.EDITORIAL NOTES
PRIOR PROVISIONSA prior section 5402, added Pub. L. 95-454, title V, §501, Oct. 13, 1978, 92 Stat. 1181; amended Pub. L. 98-615, title II, §201(a), Nov. 8, 1984, 98 Stat. 3208, related to applicability of chapter, prior to repeal by Pub. L. 103-89, §3(a)(1), (c), Sept. 30, 1993, 107 Stat. 981, 983, eff. Nov. 1, 1993.
AMENDMENTS2004-Par. (1). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office".
- Member
- The term "Member" means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress.