§4701 — Title 5 Government Organization and Employees | U.S. Code

Summary

Defines key words used in this chapter and says which agencies and jobs are covered or not. Agency — means Executive agencies and the Government Publishing Office, but not a government corporation, the FBI, CIA, DIA, NGA, NSA, the Government Accountability Office, or any Executive agency the President names that mainly does foreign intelligence or counterintelligence. Employee — a person working in or for an agency. Eligible — someone qualified and listed for appointment. Demonstration project — a test run by the Office of Personnel Management to see if a personnel change helps. Research program — a planned study of how public management systems work and what could change. Positions in the Drug Enforcement Administration that were taken out of the competitive service under section 201 of the Crime Control Act of 1976 (28 U.S.C. 509 note; 90 Stat. 2425) are not covered.

Title 5, §4701

Government Organization and Employees — Source: USLM XML via OLRC

(a)For the purpose of this chapter—

(1)“agency” means an Executive agency and the Government Publishing Office, but does not include—

(A)a Government corporation;

(B)the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, and, as determined by the President, any Executive agency or unit thereof which is designated by the President and which has as its principal function the conduct of foreign intelligence or counterintelligence activities; or

(C)the Government Accountability Office;

(2)“employee” means an individual employed in or under an agency;

(3)“eligible” means an individual who has qualified for appointment in an agency and whose name has been entered on the appropriate register or list of eligibles;

(4)“demonstration project” means a project conducted by the Office of Personnel Management, or under its supervision, to determine whether a specified change in personnel management policies or procedures would result in improved Federal personnel management; and

(5)“research program” means a planned study of the manner in which public management policies and systems are operating, the effects of those policies and systems, the possibilities for change, and comparisons among policies and systems.

(b)This chapter shall not apply to any position in the Drug Enforcement Administration which is excluded from the competitive service under section 201 of the Crime Control Act of 1976 (28 U.S.C. 509 note; 90 Stat. 2425).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (a)(1)(B). Pub. L. 110–417 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”. 2004—Subsec. (a)(1)(C). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”. 1996—Subsec. (a)(1)(B). Pub. L. 104–201 substituted “National Imagery and Mapping Agency” for “Central Imagery Office”. 1994—Subsec. (a)(1)(B). Pub. L. 103–359 inserted “the Central Imagery Office,” after “Defense Intelligence Agency,”. 1990—Subsec. (a)(1). Pub. L. 101–474 struck out “, the Administrative Office of the United States Courts,” after “means an Executive agency”. 1979—Subsec. (b). Pub. L. 96–54 substituted “chapter” for “subchapter” and “28 U.S.C. 509” for “5 U.S.C. 5108”.

Statutory Notes and Related Subsidiaries

Change of Name

“Government Publishing Office” substituted for “Government Printing Office” in subsec. (a)(1) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as a note under section 193 of Title 10, Armed Forces.

Effective Date

of 1979 AmendmentAmendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.

Effective Date

Section effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an

Effective Date

of 1978 Amendment note under section 1101 of this title. Design Elements of Pay-for-Performance Systems in Demonstration Projects Pub. L. 108–136, div. A, title XI, § 1126, Nov. 24, 2003, 117 Stat. 1640, provided that: “A pay-for-performance system may not be initiated under chapter 47 of title 5, United States Code, after the date of the enactment of this Act [Nov. 24, 2003], unless it incorporates the following elements: “(1) Adherence to merit principles set forth in section 2301 of such title. “(2) A fair, credible, and transparent employee performance appraisal system. “(3) A link between elements of the pay-for-performance system, the employee performance appraisal system, and the agency’s strategic plan. “(4) A means for ensuring employee involvement in the design and implementation of the system. “(5) Adequate training and retraining for supervisors, managers, and employees in the implementation and operation of the pay-for-performance system. “(6) A process for ensuring ongoing performance feedback and dialogue between supervisors, managers, and employees throughout the appraisal period, and setting timetables for review. “(7) Effective safeguards to ensure that the management of the system is fair and equitable and based on employee performance. “(8) A means for ensuring that adequate agency resources are allocated for the design, implementation, and administration of the pay-for-performance system.”

§4701 Definitions

Summary

Title 5, §4701

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata