5 U.S.C. § 5402. Definitions

For the purpose of this chapter—

1. (1)
   (1)“agency” means an Executive agency under section 105, but does not include the Government Accountability Office;
2. (2)
   (2)

   “employee” includes—

   1. (A)
      (2)(A)an individual paid under a statutory pay system defined in section 5302(1);
   2. (B)
      (2)(B)a prevailing rate employee, as defined in section 5342(a)(2); and
   3. (C)
      (2)(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—

   1. (i)
      (2)(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;
   2. (ii)
      (2)(ii)a member of the Senior Executive Service paid under subchapter VIII of chapter 53, or an equivalent system;
   3. (iii)
      (2)(iii)an administrative law judge paid under section 5372;
   4. (iv)
      (2)(iv)a contract appeals board member paid under section 5372a;
   5. (v)
      (2)(v)an administrative appeals judge paid under section 5372b; and
   6. (vi)
      (2)(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. (3)
   (3)“Office” means the Office of Personnel Management.