Public Law 119-73 (01/23/2026)

5 U.S.C. § 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.

Pub. L. 108–136, div. A, title XI, § 1129(a)117 Stat. 1642Pub. L. 108–271, § 8(b)118 Stat. 814(Added , , ; amended , , .)

Editorial Notes

Prior Provisions

Pub. L. 95–454, title V, § 50192 Stat. 1181Pub. L. 98–615, title II, § 201(a)98 Stat. 3208Pub. L. 103–89, § 3(a)(1)107 Stat. 981A prior section 5402, added , , ; amended , , , related to applicability of chapter, prior to repeal by , (c), , , 983, eff. .

Amendments

Pub. L. 108–2712004—Par. (1). substituted “Government Accountability Office” for “General Accounting Office”.