§5402 — Title 5 Government Organization and Employees | U.S. Code

Summary

Names who counts as an agency, an employee, and the Office for this chapter. An agency is an Executive agency under section 105 but not the Government Accountability Office. An employee includes people paid under a statutory pay system (section 5302(1)), prevailing-rate workers (section 5342(a)(2)), groups OPM may add after reviewing an agency plan (section 5403(b)(1)), and several named groups — Executive Schedule pay (subchapter II, chapter 53), Senior Executive Service (subchapter VIII, chapter 53), certain judges and appeals board members (sections 5372, 5372a, 5372b), and positions excepted from the competitive service for confidential or policy-making work. The Office means the Office of Personnel Management.

Title 5, §5402

Government Organization and Employees — Source: USLM XML via OLRC

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);

(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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A 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.

Amendments

2004—Par. (1). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

§5402 Definitions