US Code

Public Law 119-102 (07/12/2026)

5 U.S.C. § 4701

Definitions

Section text and notes

(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)
28 U.S.C. 50990 Stat. 2425 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 ( note; ).

Pub. L. 95–454, title VI, § 601(a)92 Stat. 1185 Pub. L. 96–54, § 2(a)(21)93 Stat. 382 Pub. L. 101–474, § 5(g)104 Stat. 1100 Pub. L. 103–359, title V, § 501(f)108 Stat. 3429 Pub. L. 104–201, div. A, title XI, § 1122(a)(1)110 Stat. 2687 Pub. L. 108–271, § 8(b)118 Stat. 814 Pub. L. 110–417122 Stat. 4575 Pub. L. 113–235, div. H, title I, § 1301(b)128 Stat. 2537 (Added , , ; amended , , ; , , ; , , ; , , ; , , ; , [div. A], title IX, § 931(a)(1), , ; , , .)

Editorial Notes

Amendments

Pub. L. 110–4172008—Subsec. (a)(1)(B). substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.

Pub. L. 108–2712004—Subsec. (a)(1)(C). substituted “Government Accountability Office” for “General Accounting Office”.

Pub. L. 104–2011996—Subsec. (a)(1)(B). substituted “National Imagery and Mapping Agency” for “Central Imagery Office”.

Pub. L. 103–3591994—Subsec. (a)(1)(B). inserted “the Central Imagery Office,” after “Defense Intelligence Agency,”.

Pub. L. 101–4741990—Subsec. (a)(1). struck out “, the Administrative Office of the United States Courts,” after “means an Executive agency”.

Pub. L. 96–5428 U.S.C. 5095 U.S.C. 51081979—Subsec. (b). substituted “chapter” for “subchapter” and “” for “”.

Statutory Notes and Related Subsidiaries

Change of Name

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

Effective Date of 1996 Amendment

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

Effective Date of 1979 Amendment

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

Effective Date

section 907 of Pub. L. 95–454section 1101 of this titleSection effective 90 days after , see , set out as an Effective Date of 1978 Amendment note under .

Design Elements of Pay-for-Performance Systems in Demonstration Projects

Pub. L. 108–136, div. A, title XI, § 1126117 Stat. 1640

“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 [], 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.”
, , , provided that: