---
type: "LegalText"
title: "5 U.S.C. § 5402"
description: "Definitions"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 5
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
chapter_number: "54"
chapter_name: "HUMAN CAPITAL PERFORMANCE FUND"
section: "5402"
citation: "5 U.S.C. § 5402"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
source_identifier: "/us/usc/t5/s5402"
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
source_hash: "178e875937adc83f3da73977deeae0d3b66a04c6608f507c1c9b75ab2438ecc9"
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
text_hash: "31d20c1eb07d1b27fcef636d63ca55ba14b1a6457adaf889a2d0cb5e10eb68c5"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---

# 5 U.S.C. § 5402 - Definitions

## Text

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.

(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.)

## Notes

Editorial Notes

Prior ProvisionsA 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.

Amendments2004—Par. (1). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.