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

Summary

Defines key words used in the chapter. An "agency" is an Executive agency as described in section 105, but it does not include the Government Accountability Office. The "Office" means the Office of Personnel Management. An "employee" covers several kinds of federal workers: people paid under the statutory pay system in section 5302(1); prevailing rate employees (section 5342(a)(2)); categories added by the Office after review under section 5403(b)(1); and specific groups such as those paid at Executive Schedule rates (subchapter II of chapter 53), Senior Executive Service members (subchapter VIII of chapter 53), administrative law judges (section 5372), contract appeals board members (section 5372a), administrative appeals judges (section 5372b), and positions excepted from the competitive service because they are confidential or policy-making.

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