5 U.S.C. § 5402 — Definitions
submitted 23 years ago by Pub. L. 108-136 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 194 words · no verdicts yet
This section defines “agency,” “employee,” and “Office” for the chapter. It includes several kinds of Federal employees but excludes specified senior, judicial, and confidential positions.
For this chapter:
(1) “Agency” means an Executive agency under section 105, but not the Government Accountability Office.
(2) “Employee” includes (A) a person paid under a statutory pay system defined in section 5302(1); (B) a prevailing-rate employee defined in section 5342(a)(2); and (C) a category of employees that the Office of Personnel Management includes after reviewing an agency plan under section 5403(b)(1). It does not include (i) a person paid at an Executive Schedule basic-pay rate, under subchapter II of chapter 53, or at a rate tied to one of those levels; (ii) a Senior Executive Service member 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; or (vi) a person in a position excepted from the competitive service because it is confidential or involves policy determination, policy making, or policy advocacy.
(3) “Office” means the Office of Personnel Management.
For the purpose of this chapter—
“agency” means an Executive agency under section 105, but does not include the Government Accountability Office;
“employee” includes—
an individual paid under a statutory pay system defined in section 5302(1);
a prevailing rate employee, as defined in section 5342(a)(2); and
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—
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;
a member of the Senior Executive Service paid under subchapter VIII of chapter 53, or an equivalent system;
an administrative law judge paid under section 5372;
a contract appeals board member paid under section 5372a;
an administrative appeals judge paid under section 5372b; and
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
“Office” means the Office of Personnel Management.
Source credit: (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.)
- 2003Enacted · Pub. L. 108-136 · 117 Stat. 1642
- 2004Amended · Pub. L. 108-271 · 118 Stat. 814
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-136 on 2003-11-24.
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