# § 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—
but does not include—
**(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.
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**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.)
## Editorial Notes
### Prior Provisions
A prior section 5402, added , , ; amended , , , related to applicability of chapter, prior to repeal by , (c), , , 983, eff. .
### Amendments
2004—Par. (1). substituted “Government Accountability Office” for “General Accounting Office”.