U.S. Code > Title 5 Government Organization and Employees > PART III—EMPLOYEES (§§ 2101—10210) > Subpart D—Pay and Allowances (§§ 5101—5949) > CHAPTER 54—HUMAN CAPITAL PERFORMANCE FUND (§§ 5401—5408) > § 5402. Definitions

§ 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.