republic-os/legal/us/code/title-05/chapter-47/section-4701.md

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LegalText	5 U.S.C. § 4701	Definitions	us	united_states_code	code_section	5	GOVERNMENT ORGANIZATION AND EMPLOYEES	47	PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS	4701	5 U.S.C. § 4701	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip	/us/usc/t5/s4701	data/legal/raw/us/code/title-05/usc05.xml	1b83453c76f3b1035b0d7f955216ddbb0269a2572d8e70d32593d9e65bbad889	719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540	6d0894b7ba8e5700fde0f7ad51131eb93008a51b0d9339f5f6e1f27ee1da78fe	2026-07-04	official	legal us-code

5 U.S.C. § 4701 - Definitions

Text

(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).

(Added Pub. L. 95–454, title VI, § 601(a), Oct. 13, 1978, 92 Stat. 1185; amended Pub. L. 96–54, § 2(a)(21), Aug. 14, 1979, 93 Stat. 382; Pub. L. 101–474, § 5(g), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 103–359, title V, § 501(f), Oct. 14, 1994, 108 Stat. 3429; Pub. L. 104–201, div. A, title XI, § 1122(a)(1), Sept. 23, 1996, 110 Stat. 2687; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–417, [div. A], title IX, § 931(a)(1), Oct. 14, 2008, 122 Stat. 4575; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)

Notes

Editorial Notes

Amendments2008—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 DateSection 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 ProjectsPub. 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.”