“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; ).
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.
“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.”