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SUBCHAPTER I—RETENTION PREFERENCE § 3501. Definitions; application (a) For the purpose of this subchapter, except section 3504— (1) "active service" has the meaning given it by section 101 of title 37; (2) "a retired member of a uniformed service" means a member or former member of a uniformed service who is entitled, under statute, to retired, retirement, or retainer pay on account of his service as such a member; and (3) a preference eligible employee who is a retired member of a uniformed service is considered a preference eligible only if— (A) his retirement was based on disability— (i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or (ii) caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by sections 101 and 301 of title 38; (B) his service does not include twenty or more years of full-time active service, regardless of when performed but not including periods of active duty for training; or (C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days. (b) Except as otherwise provided by this subsection and section 3504 of this title, this subchapter applies to each employee in or under an Executive agency. This subchapter does not apply to an employee whose appointment is required by Congress to be confirmed by, or made with the advice and consent of, the Senate, except an employee whose appointment is made under section 3311 of title 39. § 3502. Order of retention (a) The Civil Service Commission shall prescribe regulations for the release of competing employees in a reduction in force which give due effect to— (1) tenure of employment; (2) military preference, subject to section 3501(a)(3) of this title; (3) length of service; and (4) efficiency or performance ratings. In computing length of service, a competing employee— (A) who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces; and (B) who is a retired member of a uniformed service is entitled to credit for— (i) the length of time in active service in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or (ii) the total length of time in active service in the armed forces if he is included under section 3501(a)(3)(A), (B), or (C) of this title. (b) A preference eligible employee whose efficiency or performance rating is "good" or "satisfactory" or better than "good" or "satisfactory" is entitled to be retained in preference to other competing employees. A preference eligible employee whose efficiency or per-

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formance rating is below "good" or "satisfactory" is entitled to be retained in preference to competing nonpreference employees who have equal or lower efficiency or performance ratings. § 3503. Transfer of functions (a) When a function is transferred from one agency to another, each preference eligible employed in the function shall be transferred to the receiving agency for employment in a position for which he is qualified before the receiving agency may make an appointment from another source to that position. (b) When one agency is replaced by another, each preference eligible employed in the agency to be replaced shall be transferred to the replacing agency for employment in a position for which he is qualified before the replacing agency may make an appointment from another source to that position. §3504. Preference eligibles; retention; physical qualifications; waiver In determining qualifications of a preference eligible for retention in a position in the competitive service, an Executive agency, or the government of the District of Columbia, the Civil Service Commission or other examining agency shall waive— (1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and (2) physical requirements if, in the opinion of the Commission or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.

SUBCHAPTER II—RESTORATION AFTER ACTIVE DUTY OR TRAINING DUTY § 3551. Restoration; Reserves and National Guardsmen An employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia, permanent or temporary indefinite, who is ordered to active duty or to duty under sections 502-505 of title 32 as a Reserve of the armed forces or member of the National Guard is entitled, on release from duty, to be restored to the position held when ordered to duty. SUBCHAPTER III—REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR REMOVAL FOR NATIONAL SECURITY § 3571. Reinstatement or restoration; individuals suspended or removed for national security An individual suspended or removed under section 7532 of this title may be restored to duty in the discretion of the head of the agency concerned. SUBCHAPTER IV—REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL ORGANIZATION §3581. Definitions For the purpose of this subchapter— (1) "agency" means— (A) an Executive agency; 65-300 0-67—30

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(B) a military department; and (C) an employing authority in the legislative branch; (2) "employee" means an employee in or under an agency; ^ (3) "international organization" means a public international organization or international-organization preparatory commission in which the Government of the United States participates; (4) "transfer" means the change of position by an employee from an agency to an international organization; and (5) "reemployment" means— (A) the reemployment of an employee under section 3582 (a) of this title; or (B) the reemployment of a Congressional employee within 90 days from his separation from an international organization; following a term of employment not extending beyond the period named by the head of the agency at the time of consent to transfer or, in the absence of a named period, not extending beyond the first 3 consecutive years after entering the employ of the international organization. § 3582. Rights of transferring employees (a) An employee serving under an appointment not limited to 1 year or less who transfers to an international organization with the consent of the head of his agency is entitled— (1) to retain coverage, rights, and benefits under any system established by law for the retirement of employees, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the international organization are currently deposited in the system's fund or depository; and the period during which coverage, rights, and benefits are retained under this paragraph is deemed creditable service under the system; (2) to retain coverage, rights, and benefits under chapter 87 of this title, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the international organization are currently deposited in the Employees' Life Insurance F u n d; and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapter 87 of this title; (3) to retain coverage, rights, and benefits under subchapter I of chapter 81 of this title, and for this purpose his employment with the international organization is deemed employment by the United States, but if he or his dependents receive from the international organization a payment, allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by the international organization, or other benefit of any kind on account of the same injury or death, the amount thereof is credited against disability or death compensation, as the case may be, payable under subchapter I of chapter 81 of this title; and (4) to elect to retain to his credit all accumulated and current accrued annual leave to which entitled at the time of transfer which would otherwise be liquidated by a lump-sum payment. On his request at any time before reemployment, he shall be paid for the annual leave retained. If he receives a lump-sum payment and is reemployed within 6 months after transfer, he shall

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refund to the agency the amount of the lump-sum payment. This paragraph does not operate to cause a forfeiture of retained annual leave following reemployment or to deprive an employee of a lump-sum payment to which he would otherwise be entitled. (b) An employee entitled to the benefits of subsection (a) of this section, except a Congressional employee, is entitled to be reemployed within 30 days of his application for reemployment in his former position or a position of like seniority, status, and pay in the agency from which he transferred, if— (1) he is separated from the international organization within 3 years after entering on duty with the international organization or within such shorter period as may be named by the head of the agency at the time of consent to transfer; and (2) he applies for reemployment not later than 90 days after the separation. On reemployment, he is entitled to the rate of basic pay to which he would be entitled had he remained in the civil service. On reemployment, the agency shall restore his sick leave account, by credit or charge, to its status at the time of transfer. The period o i separation caused by his employment with the international organization and the period necessary to effect reemployment are deemed creditable service for all appropriate civil service employment purposes. (c) This section applies only with respect to so much of a period of employment with an international organization as does not exceed 3 years or such shorter period named by the head of the agency at the time of consent to transfer, except that for retirement and insurance purposes this section continues to apply during the period after separation from the international organization in which— (1) an employee, except a Congressional employee, is properly exercising or could exercise the reemployment right established by subsection (b) of this section; or (2) a Congressional employee is effecting or could effect a reemployment. During that reemployment period, the employee is deemed on leave without pay for retirement and insurance purposes. , (d) During the employee's period of service with the international organization, the agency contribution for retirement and insurance purposes may be made from the appropriations or funds of the agency from which the employee transferred. §3583. Computations A computation under this subchapter before reemployment is made in the same manner as if the employee had received basic pay, or basic pay plus additional pay in the case of a Congressional employee, at the rate at which it would have been payable had the employee continued in the position in which he was senang at the time of transfer. §3584. Regulations The President may prescribe regulations necessary to carry out this subchapter and section 3343 of this title and to protect and assure the retirement, insurance, leave, and reemployment rights and such other similar civil service employment rights as he finds appropriate. The regulations may provide for the exclusion of employees from the application of this subchapter and section 3343 of this title on the basis of the nature and type of employment including excepted appointments of a confidential or policy-determining character, or conditions pertaining to the employment including short-term appointments, seasonal or intermittent employment, and part-time employment.

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10 least announced to us a man of superior capacity and knowledge. Whether he be so or not, let his dispatches, as far as they have appeared, let his measures as far as they have operated, determine for him. In the former we have seen strong assertions without proof, declamation without argument, and violent censures without dignity or moderation; but neither correctness in the composition, nor judgment in the design. As for his measures, let it be remembered that he was called upon to conciliate and unite; and that, when he entered into office, the most refractory of the colonies were still disposed to proceed by the constitutional methods of petition and remonstrance. Since that period they have been driven into excesses little short of rebellion. Petitions have been hindered from reaching the throne; and the continuance of one of the principal assemblies rested upon an arbitrary condition, which, considering the temper they were in, it was impossible they should comply with; and which would have availed nothing as to the general question, if it had been complied with. So violent, and


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Subpart C—Employee Performance CHAPTER 41—TRAINING Sec.

4101. 4102. 4103. 4104. 4105. 4106. 4107. 4108. 4109. 4110. 4111. 4112. 4113. 4114. 4115. 4116. 4117. 4118.

Definitions. Exceptions; Presidential authority. Establishment of training programs. Government facilities; use of. Non-Government facilities; use of. Non-Government facilities; amount of training limited. Non-Government facilities; restrictions. Employee agreements; service after training. Expenses of training. Expenses of attendance at meetings. Acceptance of contributions, awards, and other payments. Absorption of costs within funds available. Agency review of training needs; annual program reports. Non-Government facilities; review of training programs. Collection of training information. Training program assistance. Administration. Regulations.

§4101. Definitions For the purpose of this chapter— (1) "agency", subject to section 4102 of this title, means— (A) an Executive department; (B) an independent establishment; (C) a Government corporation subject to sections 846-852 or 856-859 of title 3 1; (D) the Library of Congress; (E) the Government Printing Office; and (F) the government of the District of Columbia; (2) "employee", subject to section 4102 of this title, means— (A) an individual employed in or under an agency; and (B) a commissioned officer of the Coast and Geodetic Survey; (3) "Government" means the Government of the United States and the government of the District of Columbia; (4) "training" means the process of providing for and making available to an employee, and placing or enrolling the employee in, a planned, prepared, and coordinated program, course, curriculum, subject, system, or routine of instruction or education, in scientific, professional, technical, mechanical, trade, clerical, fiscal, administrative, or other fields which are or will be directly related to the performance by the employee of official duties for the Government, in order to increase the knowledge, proficiency, ability, skill, and qualifications of the employee in the performance of official duties; (5) "Government facility" means property owned or substantially controlled by the Government and the services of any civilian and military personnel of the Government; and (6) "non-Government facility" means— (A) the government of a State or of a territory or possession of the United States including the Commonwealth of Puerto Rico, and an interstate governmental organization, or a unit, subdivision, or instrumentality of any of the foregoing; (B) a foreign government or international organization, or instrumentality of either, which is designated by the President as eligible to provide training under this chapter;

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(C) a medical, scientific, technical, educational, research, or professional institution, foundation, or organization; (D) a business, commercial, or industrial firm, corporation, partnership, proprietorship, or other organization; (E) individuals other than civilian or military personnel of the Government; and (F) the services and property of any of the foregoing furnishing the training. §4102. Exceptions; Presidential authority (a)(1) This chapter does not apply to— (A) a corporation supervisea by the Farm Credit Administration if private interests elect or appoint a member of the board of directors; (B) the Tennessee Valley Authority; or (C) an individual (except a commissioned officer of the Coast and Geodetic Survey) who is a member of a uniformed service during a period in which he is entitled to pay under section 204 of title 37. (2) This chapter (except sections 4110 and 4111) does not apply to— (A) the Foreign Service of the United States; or (B) an individual appointed by the President (except a Postmaster), unless the individual is specifically designated by the President for training under this chapter. (b) The President, at any time in the public interest, may— (1) except an agency or part thereof, or an employee or group or class of employees therein, from this chapter or a provision thereof (except this section); and (2) withdraw an exception made under this subsection. However, the President may not except the Civil Service Commission from a provision of this chapter which vests in or imposes on the Commission a function, duty, or responsibility concerning any matter except the establishment, operation, and maintenance, in the same capacity as other agencies, of training programs and plans for its employees. § 4103. Establishment of training programs In order to increase economy and efficiency in the operations of the agency and to raise the standards of performance by employees of their official duties to the maximum possible level of proficiency, the head of each agency, in conformity with this chapter, shall establish, operate, and maintain a program or programs, and a plan or plans thereunder, for the training of employees in or under the agency by, in, and through Government facilities and non-Government facilities. Each program, and plan thereunder, shall— (1) conform to the principles, standards, and related requirements contained in the regulations prescribed under section 4118 of this title; (2) provide for adequate administrative control by appropriate authority; and (3) provide for the encouragement of self-training by employees by means of appropriate recognition of resultant increases m proficiency, skill, and capacity. Two or more agencies jointly may operate under a training program.

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§ 4104. Government facilities; use of An agency program for the training of employees by, in, and through Government facilities under this chapter shall— (1) provide for training, insofar as practicable, by, in, and through Government facilities under the jurisdiction or control of the agency; and (2) provide for the making by the agency, to the extent necessary and appropriate, of agreements with other agencies in any branch of the Government, on a reimbursable basis when requested by the other agencies, for— (A) use of Government facilities under the jurisdiction or control of the other agencies in any branch of the Government; and (B) extension to employees of the agency of training programs of other agencies. § 4105. Non-Government facilities; use of (a) The head of an agency, without regard to section 5 of title 41, may make agreements or other arrangements for the training of employees of the agency by, in, or through non-Government facilities under this chapter. (b) An agency program for the training of employees by, in, and through non-Government facilities under this chapter shall— (1) provide that information concerning the selection and assignment of employees for training and the applicable training limitations and restrictions be made available to employees of the agency; and (2) give consideration to the needs and requirements of the agency in recruiting and retaining scientific, professional, technical, and administrative employees. (c) In order to protect the Government concerning payment and reimbursement of training expenses, each agency shall prescribe such regulations as it considers necessary to implement the regulations prescribed under section 4118(a)(8) of this title. § 4106. Non-Government facilities; amount of training limited (a) The training of employees by^ in, and through non-Government facilities under this chapter is subject to the following limitations: (1) The number of man-years of training for an agency in a fiscal year may not exceed 1 percent of the total number of manyears of civilian employment for the agency in the same fiscal year as disclosed by the agency budget estimates for the year. (2) An employee having less than 1 year of current, continuous civilian service is not eligible for training unless the head of his agency determines, under regulations prescribed under section 4118 of this title, that training for the employee is in the public interest. (3) The time spent by an employee in training may not exceed 1 year in the first 10-year period and in each subsequent 10-year period of his continuous or non-continuous civilian service in the Government. The Civil Service Commission may prescribe other limitations, in accordance with the provisions and purposes of this chapter, concerning the time which may be spent by an employee in training. (b) On recommendation of the head of an agency, the Commission may waive, with respect to that agency or part thereof or one or more employees therein, all or any of the limitations covered by subsection

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(a) of this section, if the Commission determines that the application of all or any of the limitations thereto is contrary to the public interest. The Commission, in the public interest, may reimpose all or any of the limitations so waived. § 4107. Non-Government facilities; restrictions (a) Appropriations or other funds available to an agency are not available for payment for training an employee— (1) by, in, or through a non-Government facility which teaches or advocates the overthrow of the Government of the United States by force or violence; or (2) by or through an individual concerning whom determination has been made by a proper Government administrative or investigatory authority that, on the basis of information or evidence developed in investigations and procedures authorized by law or Executive order, there exists a reasonable doubt of his loyalty to the United States. (b) This chapter does not authorize training an employee by, in, or through a non-Government facility a substantial part of the activities of which is— (1) carrying on propaganda, or otherwise attempting, to influence legislation; or (2) participating or intervening, including publishing or distributing statements, in a political campaign on behalf of a candidate for public office. (c) This chapter does not authorize the selection and assignment of an employee for training by, in, or through a non-Government facility, or the payment or reimbursement of the costs of training, for— (1) the purpose of providing an opportunity to an employee to obtain an academic degree in order to qualify for appointment to a particular position for which the academic degree is a basic requirement; or (2) the sole purpose of providing an opportunity to an employee to obtain one or more academic degrees. § 4108. Employee agreements; service after training (a) An employee selected for training by, in, or through a nonGovernment facility under this chapter shall agree in writing with the Government before assignment to training that he will— (1) continue in the service of his agency after the end of the training period for a period at least equal to three times the length of the training period unless he is involuntarily separated from the service of his agency; and (2) pay to the Government the amount of the additional expenses incurred by the Government in connection with his training if he is voluntarily separated from the service of his agency before the end of the period for which he has agreed to continue in the service of his agency. (b) The payment agreed to under subsection (a)(2) of this section may not be required of an employee who leaves the service of his agency to enter into the service of another agency in any branch of the Government unless the head of the agency that authorized the training notifies the employee before the effective date of his entrance into the service of the other agency that payment will be required under this section. (c) If an employee, except an employee relieved of liability under subsection (b) of this section or section 4102(b) of this title, fails to

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fulfill his agreement to pay to the Government the additional expenses incurred by the Government in connection with his training, a simi equal to the amount of the additional expenses of training is recoverable by the Government from the employee or his estate by— (1) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and (2) such other method as is provided by law for the recovery of amounts owing to the Government. The head of the agency concerned, under the regulations prescribed under section 4118 of this title, may waive in whme or in part a right of recovery under this subsection, if it is shown that the recovery would be against equity and good conscience or against the public interest. § 4109. Expenses of training (a) The head of an agency, under the regulations prescribed under section 4118(a)(8) of this title and from appropriations or other funds available to the agency, may— (1) pa^^ all or a part of the pay (except overtime, holiday, or night diflferential pay) of an employee of the agency selected and assigned for training under this chapter, for the period of training; and (2) pay, or reimburse the employee for, all or a part of the necessary expenses of the training, without regard to section 529 of title 31, including among the expenses the necessary costs of— (A) travel and per diem instead of subsistence under subchapter I of chapter 57 of this title or, in the case of commissioned officers of the Coast and Geodetic Survey, sections 404 and 405 of title 37, and the Joint Travel Regulations for the Uniformed Services; (B) transportation of immediate family, household goods and personal effects, packing, crating, temporarily storing, draying, and unpacking under section 5724 of this title or, in the case of commissioned officers of the Coast and Geodetic Survey, sections 406 and 409 of title 37, and the Joint Travel Regulations for the Uniformed Services, when the estimated costs of transportation and related services are less than the estimated aggregate per diem payments for the period of training; (C) tuition and matriculation fees; (D) library and laboratory services; (E) purchase or rental of books, materials, and supplies; and (F) other services or facilities directly related to the training of the employee. (b) The expenses of training do not include membership fees except to the extent that the fee is a necessary cost directly related to the training itself or that payment of the fee is a condition precedent to undergoing the training. § 4110. Expenses of attendance at meetings Appropriations available to an agency for travel expenses are available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of the functions or activities.

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§ 4111. Acceptance of contributions, awards, and other payments (a) To the extent authorized by regulation of the President, contributions and awards incident to training in non-Government facilities, and payment of travel, subsistence, and other expenses incident to attendance at meetings, may be made to and accepted by an employee, without regard to section 209 of title 18, if the contributions, awards, and payments are made by an organization determined by the Secretary of the Treasury to be an organization described by section 501(c)(3) of title 26 which is exempt from taxation under section 501(a) of title 26. (b) When a contribution, award, or payment, in cash or in kind, is made to an employee for travel, subsistence, or other expenses under subsection (a) of this section, an appropriate reduction, under regulations of the Director of the Bureau of the Budget, shall be made from payment by the Government to the employee for travel, subsistence, or other expenses incident to training in a non-Government facility or to attendance at a meeting. § 4112. Absorption of costs within funds available (a) The Director of the Bureau of the Budget, to the extent he considers practicable, shall provide by regulation for the absorption of the costs of the training programs and plans under this chapter by the respective agencies from applicable appropriations or funds available tor each fiscal year. (b) Subsection (a) of this section may not be held or considered to require— (1^ the separation of an individual from the service by reduction m force or other personnel action; or (2) the placement of an individual in a leave-without-pay status. § 4113. Agency review of training needs; annual program reports (a) The head of each agency, at least once every 3 years, shall review the needs and requirements of the agency for the training of employees under its jurisdiction. The Civil Service Commission, on request of an agency, may assist the agency with the review. Information obtained or developed in a review shall be made available to the Commission at its request. (b) Each agency shall report annually to the Commission, at such times and in such form as the Commission prescribes, on its programs and plans for the training of employees under this chapter. The report shall set forth— (1) such information concerning the expenditures of the agency in connection with training as the Commission considers appropriate; (2) the name of each employee of the agency, except a student participating in a cooperative educational program, who, during the period covered by the report, received training by, in, or through a non-Government facility for more than 120 days; the grade, title, and primary duties of the position held by the employee; the name of the non-Government facility from which the training was received; the nature, l e n ^ h, and cost of the training to the Government; and the relationship of the training to official duties; (3) the name of each employee of the agency who received a contribution or award under section 4111(a) of this title during the period covered by the report;

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(4) a statement concerning the value of the training to the agency; (5) estimates of the extent to which economies and improved operations have resulted from the training; and (6) such other information as the agency or the Commission considers appropriate. § 4114. Non-Government facilities; review of training programs The Civil Service Commission, at the times and to the extent it considers necessary, shall review the operations, activities, and related transactions of each agency in connection with each agency program, and plan thereunder, for the training of its employees by, in, and through non-Government facilities under this chapter in order to determine whether the operations, activities, and related transactions comply with the programs and plans, the provisions and purposes of this chapter, and the principles, standards, and related requirements contained in the regulations prescribed under section 4118 of this title. Each agency, on request of the Commission, shall cooperate and assist in the review. If the Commission finds that noncompliance exists in an agency, the Commission, after consultation with the agency, shall certify to the head of the agency its recommendations for change of actions and procedures. If, after a reasonable time for placing its recommendations in effect, the Commission finds that noncompliance continues to exist in the agency, the Commission shall report the finding to the President for such action as he considers appropriate. § 4115. Collection of training information The Civil Service Commission, to the extent it considers appropriate in the public interest, may collect information concerning training programs, plans, and the methods inside and outside the Government. The Commission, on request, may make the information available to an agency and to Congress. § 4116. Training program assistance The Civil Service Commission, on request of an agency, shall advise and assist in the establishment, operation, and maintenance of the training programs and plans of the agency under this chapter, to the extent of its facilities and personnel available for that purpose. §4117. Administration The Civil Service Commission has the responsibility and authority for effective promotion and coordination of the training programs under this chapter and training operations thereunder. The functions, duties, and responsibilities of the Commission under this chapter are subject to supervision and control by the President and review by Congress. §4118. Regulations (a) The Civil Service Commission, after considering the needs and requirements of each agency for training its employees and after consulting with the agencies principally concerned, shall prescribe regulations containing the principles, standards, and related requirements for the programs, and plans thereunder, for the training of employees under this chapter, including requirements for coordination of and reasonable uniformity in the agency training programs and plans. The regulations shall provide for the maintenance of necessary mformation concerning the general conduct of the training activities of each agency, and such other information as is necessary to enable the President and Congress to discharge effectively their respective duties

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and responsibilities for supervision, control, and review of these training programs. The regulations also shall cover— (1) requirements concerning the determination and continuing review by each agency of its training needs and requirements; (2) the scope and conduct of the agency training programs and plans; (3) the selection and assignment of employees of each agency for training; (4) the use in each agency of the services of employees who have undergone training; (5) the evaluation of the results and effects of the training programs and plans; (6) the interchange of training information among the agencies; (7) the submission of reports by the agencies on results and effects of training programs and plans and economies resulting therefrom, including estimates of costs of training by, in, and through non-Government facilities; (8) requirements and limitations necessary with respect to payments and reimbursements in accordance with section 4109 of this title; and (9) other matters considered appropriate or necessary by the Commission to carry out the provisions of this chapter. (b) I n addition to the matters set forth by subsection (a) of this section, the regulations, concerning training of employees by, in, or through non-Government facilities, shall— (1) prescribe general policies governing the selection of a nonGovernment facility to provide training; (2) authorize training of employees only after the head of the agency concerned determines that adequate training for employees by, in, or through a Government facility is not reasonably available, and that consideration has been given to the existing or reasonably foreseeable availability and use of fully trained employees; and (3) prohibit training an employee for the purpose of filling a position by promotion if there is in the agency concerned another employee, of equal ability and suitability, fully qualified to fill the position and available at, or within a reasonable distance from, the place where the duties of the position are to be performed. (c) The Commission, in accordance with this chapter, may revise, supplement, or abolish regulations prescribed under this section, and prescribe additional regulations. (d) This section does not authorize the Commission to prescribe the types and methods of intra-agency training or to regulate the details of intra-agency training programs.

CHAPTER 43—PERFORMANCE RATING Sec.

4301. 4302. 4303. 4304. 4305. 4306. 4307. 4308.

Definitions. Performance-rating plans; establishment of. Performance-rating plans; requirements for. Ratings for performance. Review of ratings. Performance-rating plans; inspection of. Other rating procedures prohibited. Regulations.

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§4301. Definitions For the purpose of this chapter— (1) "agency" means— (A) an Executive agency; (B) the Administrative Office of the United States Courts; (C) the Library of Congress; (D) the Botanic Garden; (E) the Government Printing Office; and (F) the government of the District of Columbia; but does not include— (i) the Tennessee Valley Authority; (ii) the postal field service; (iii) the Foreign Service of the United States; (iv) the Atomic Energy Commission; (v) the Central Intelligence Agency; (vi) the National Security Agency; or (vii) a Government controlled corporation; and (2) "employee" means an individual employed in or under an agency, but does not include— (A) a physician, dentist, nurse, or other employee in the Department of Medicine and Surgery, Veterans^ Administration, whose pay is fixed under chapter 73 of title 38; (B) an employee outside the continental United States who is paid in accordance with local native prevailing wage rates for the area in which employed; (C) a civilian officer or member of a crew of a vessel operated by the Department of the Army or the Department of the Navy; (D) an individual employed by the government of the District of Columbia whose pay is not fixed under chapter 51 and subchapter III of chapter 53 of this title; or (E) a hearing examiner appointed under section 3105 of this title. § 4302. Performance-rating plans; establishment of For the purpose of recognizing the merits of employees and their contributions to efficiency and economy in the Federal service, each agency shall establish and use one or more performance-rating plans for evaluating the work performance of its employees. § 4303. Performance-rating plans; requirements for Each performance-rating plan shall be as simple as possible and shall provide— (1) that performance requirements be made known to all employees; (2) that performance of the employee be fairly appraised in relation to the requirements; (3) for use of appraisals to improve employee performance; (4) for strengthening supervisor-employee relationships; and (5) that each employee be kept currently advised of his performance and promptly notified of his performance rating. § 4304. Ratings for performance (a) Each performance-rating plan shall provide for ratings representing at least— (1) satisfactory performance; (2) unsatisfactory performance; and

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(3) outstanding performance. (b) An employee may be rated unsatisfactory only after a 90-day advance warning and after a reasonable opportunity to demonstrate satisfactory performance. A performance rating of unsatisfactory is a basis for removal from the position in which the performance was unsatisfactory. (c) A performance rating of outstanding may be given only when all aspects of performance not only exceed normal requirements but are outstanding and deserve special commendation. § 4305. Review of ratings (a) An agency, on request of an employee of that agency, shall provide one impartial review of the performance rating of the employee. (b) Each agency shall establish one or more boards of review of equal jurisdiction to consider and pass on the merits of performance ratings under rating plans established under this chapter. Each board of review shall have three members, one member designated by the head of the agency, one member designated by the employees of the agency in the manner prescribed by the Civil Service Commission, and one member, who serves as chairman, designated by the Commission. Alternate members are designated in the same manner as their respective principals. (c) I n addition to the review under subsection (a) of this section, an employee with a current performance rating of less than satisfactory, on written appeal to the chairman of the appropriate board of review established under subsection (b) of this section, is entitled to a hearing and decision on the merits of the appealed rating. If an employee with a current performance rating of satisfactory has not requested and obtained review of the rating under subsection (a) of this section, he is entitled, on written appeal to the chairman of the appropriate board of review established under subsection (b) of this section, to a hearing and decision on the merits of the appealed rating. (d) At the hearing the appellant, or his designated representative, and representatives of the agency are entitled to submit pertinent information orally or in writing, and to hear or examine, and reply to, information submitted by others. After the hearing, the board of review shall confirm the appealed rating or make such change as it considers proper. § 4306. Performance-rating plans; inspection of (a) The Civil Service Commission shall inspect the administration of performance-rating plans by each agency to determine compliance with ihe requirements of this chapter and the regulations prescribed thereunder. (b) When the Commission determines that a performance-rating plan does not meet the requirements of this chapter and the regulations prescribed thereunder, the Commission, after notice to the agency giving the reasons, may revoke its approval of the plan. After revocation, the performance-rating plan and any current ratings thereunder are inoperative, and the agency thereafter shall use a performance-rating plan prescribed by the Commission. § 4307. Other rating procedures prohibited An employee may not be given a performance rating, regardless of the name given to the rating, and a rating may not be used as a basis for any action, except under a performance-rating plan approved by

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the Civil Service Commission as meeting the requirements of this chapter. §4308. Regulations The Civil Service Commission may prescribe regulations necessary for the administration of this chapter.

CHAPTER 45—INCENTIVE AWARDS Sec.

4501. 4502. 4503. 4504. 4505. 4506.

Definitions. General provisions. Agency awards. Presidential awards. Awards to former employees. Regulations.

§ 4501. Definitions For the purpose of this chapter— (1) "agency" means— (A) an Executive agency; ^B^ the Administrative Office of the United States Courts; (C) the Library of Congress; (D) the Office of the Architect of the Capitol; (E) the Botanic Garden; (F) the Government Printing Office; and (G) the government of the District of Columbia; but does not include— (i) the Tennesse Valley Authority; or (ii) the Central Bank for Cooperatives; (2) "employee" means— (A) an employee as defined by section 2105 of this title; and (B) an individual employed by the government of the District of Columbia; and (3) "Government" means the Government of the United States and the government of the District of Columbia. § 4502. General provisions (a) Except as provided by subsection (b) of this section, a cash award under this chapter may not exceed $5,000. (b) When the head of an agency certifies to the Civil Service Commission that the suggestion, invention, superior accomplishment, or other meritorious effort for which the award is proposed is highly exceptional and unusually outstanding, a cash award in excess of $5,000 but not in excess of $25,000 may be granted with the approval of the Commission. (c) A cash award under this chapter is in addition to the regular pay of the recipient. Acceptance of a cash award under this chapter constitutes an agreement that the use by the Government of an idea, method, or device for which the award is made does not form the basis of a further claim of any nature against the Government by the employee, his heirs, or assigns. (d) A cash award to, and expense for the honorary recognition of, an employee may be paid from the fund or appropriation available to the activity primarily benefiting or the various activities benefiting. The head of the agency concerned determines the amount to be paid by each activity for an agency award under section 4503 of this title. The President determines the amount to be paid by each activity for a Presidential award under section 4504 of this title.

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§ 4503. Agency awards The head of an agency may pay a cash award to, and incur necessary expense for the honorary recognition of, an employee who— (1) by his suggestion, invention, superior accomplishment, or other personal effort contributes to the efficiency, economy, or other improvement of Government operations; or (2) performs a special act or service in the public interest in connection with or related to his official employment. § 4504. Presidential awards The President may pay a cash award to, and incur necessary expense for the honorary recognition of, an employee who— (1) by his suggestion, invention, superior accomplishment, or other personal effort contributes to the efficiency, economy, or other improvement of Government operations; or (2) performs an exceptionally meritorious special act or service in the public interest in connection with or related to his official employment. A Presidential award may be in addition to an agency award under section 4503 of this title. § 4505. Awards to former employees An agency may pay or grant an award under this chapter notwithstanding the death or separation from the service of the employee concerned, if the suggestion, invention, superior accomplishment, other personal effort, or special act or service in the public interest for which the award is proposed was made or performed while the employee was in the employ of the Government. §4506. Regulations The Civil Service Commission may prescribe regulations and instructions under which the agency awards program set forth by this chapter shall be carried out.

SUBPART D—PAY AND ALLOWANCES CHAPTER 51—CLASSIFICATION Sec. 5101. 5102. 5103. 5104. 5105. 5106. 5107. 5108. 5109. 5110. 5111. 5112. 5113. 5114. 5115.

Purpose. Definitions; application. Determination of applicability. Basis for grading positions. Standards for classification of positions. Basis for classifying positions. Classification of positions. Classification of positions at GS-16,17, and 18. Positions classified by statute. Review of classification of positions. Revocation and restoration of authority to classify positions. General authority of the Civil Service Commission. Classification records. Reports; positions in GS-16,17, and 18. Regulations.

§5101. Purpose I t is the purpose of this chapter to provide a plan for classification of positions whereby— (1) in determining the rate of basic pay which an employee will receive— (A) the principle of equal pay for substantially equal work will be followed; and

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(B) variations in rates of basic pay paid to different employees will be in proportion to substantial differences in the difficulty, responsibility, and qualification requirements of the work performed and to the contributions of employees to efficiency and economy in the service; and (2) individual positions will^ in accordance with their duties, responsibilities, and qualification requirements, be so grouped and identified by classes and grades, as defined by section 5102 of this title, and the various classes will be so described in published standards, as provided by section 5105 of this title, that the resulting position-classification system can be used in all phases of personnel administration. § 5102. Definitions; application (a) For the purpose of this chapter— (1) "agency" means— (A) an Executive agency; (B) the Administrative Office of the United States Courts; (C) the Library of Congress; (D) the Botanic Garden; (E) the Government Printing Office; (F) the Office of the Architect of the Capitol; and (G) the government of the District of Columbia; but does not include— (i) a Government controlled corporation; (ii) the Tennessee Valley Authority; (iii) The Alaska Railroad; (iv) the Virgin Islands Corporation; (v) the Atomic Energy Commission; (vi) the Central Intelligence Agency; ^vii) the Panama Canal Company; or (viii) the National Security Agency, Department of Defense; (2) "employee" means an individual employed in or under an agency; (3) "position" means the work, consisting of the duties and responsibilities, assignable to an employee; (4) "class" or "class of positions" includes all positions which are sufficiently similar, as. to— (A) kmd or sul3Ject-matter of work; (B) level of difficulty and responsibility; and (C) the qualification requirements of the work; to warrant similar treatment in personnel and pay administration; and (5) "grade" includes all classes of positions which, although different with respect to kind or subject-matter of work, are sufficiently equivalent as to— (A) level of difficulty and responsibility; and (B) level of qualification requirements of the work; to warrant their inclusion within one range of rates of basic pay in the General Schedule. (b) Except as provided by subsections (c) and (d) of this section, this chapter applies to all civilian positions and employees in or under an agency. (c) This chapter does not apply to— (1) employees in the postal field service whose pay is fixed under chapter 45 of title 39;

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(2) employees in the Foreign Service of the United States whose pay is fixed under chapter 14 of title 22; and positions in or under the Department of State which are— (A) connected with the representation of the United States to international organizations; or (B) specifically exempted by statute from this chapter or other classification or pay statute; (3) physicians, dentists, nurses, and other employees in the Department of Medicine and Surgery, Veterans' Administration, whose pay is fixed under chapter 73 of title 38; (4) teachers, school officials, and employees of the Board of Education of the District of Columbia whose pay is fixed under chapter 15 of title 31, District of Columbia Code; and the chief judge and the associate judges of the District of Columbia Court of General Sessions, the District of Columbia Court of Appeals, and the Juvenile Court of the District of Columbia; (5) members of the Metropolitan Police, the Fire Department of the District of Columbia, the United States Park Police, and the White House Police; (6) lighthouse keepers and civilian employees on lightships and vessels of the Coast Guard whose pay is fixed under section 432 m and (g) of title 14; (7) employees in recognized trades or crafts, or other skilled mechanical crafts, or in unskilled, semiskilled, or skilled manuallabor occupations, and other employees including foremen and supervisors in positions having trade, craft, or laboring experience and knowledge as the paramount requirement, and employees in the Bureau of Engraving and Printing whose duties are to perform or to direct manual or machine operations requiring special skill or experience, or to perform or direct the counting, examining, sorting, or other verification of the product of manual or machine operations; (8) officers and members of crews of vessels; (9) employees of the Government Printing Office whose pay is fixed under section 40 of title 44; (10) civilian professors, lecturers, and instructors at the Naval "War College and the Naval Academy whose pay is fixed under sections 6952 and 7478 of title 10; senior professors, professors, associate and assistant professors, and instructors at the Naval Postgraduate School whose pay is fixed under section 7044 of title 10; and the Academic Dean of the Postgraduate School of the Naval Academy whose pay is fixed under section 7043 of title 10; (11) aliens or noncitizens of the United States who occupy positions outside the United States; (12)(A) employees of an agency who are stationed in the Canal Zone; and (B) on approval by the Civil Service Commission of the request of an agency which has employees stationed in both the Republic of Panama and the Canal Zone, employees of the agency who are stationed in the Republic of Panama; (13) employees who serve without pay or at nominal rates of pay; (14) employees whose pay is not wholly from appropriated funds of the United States, except that with respect to the Veterans' Canteen Service, Veterans' Administration, this paragraph applies only to employees necessary for the transaction of the busi-

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Rh I believe I may call it so unconstitutional, an exertion of the prerogative, to say nothing of the weak, injudicious terms in which it was conveyed, gives us as humble an opinion of his Lordship's capacity, as it does of his temper and moderation. While we are at peace with other nations, our military force may perhaps be spared to support the Earl of Hillsborough's measures in America. Whenever that force shall be necessarily withdrawn or diminished, the dismission of such a minister will neither console us for his imprudence, nor remove the settled resentment of a people, who, complaining of an act of the legislature, are outraged by an unwarrantable stretch of prerogative, and, supporting their claims by argument, are insulted with declamation.

lots would be a prudent and reasonable method of appointing the officers of state, compared to a late disposition of the secretary's office. Lord Rochford was acquainted with the affairs and temper of the southern courts; Lord Weymouth was equally qualified for either department. By what


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ness of the Service at canteens, warehouses, and storage depots whose employment is authorized by section 4202 of title 38; (15) employees who pay is fixed under a cooperative agreement between the United States and— (A) a State or territory or possession of the United States, or political subdivision thereof; or (B) an individual or organization outside the service of the Government of the United States; (16) student nurses, medical or dental interns, residents-intrainin^, student dietitians, student physical therapists, student occupational therapists, and other student employees, assigned or attached to a hospital, clinic, or laboratory primarily for training purposes, whose pay is fixed under subchapter V of chapter 53 of this title or section 4114 of title 38; (17) inmates, patients, or beneficiaries receiving care or treatment or living in Government agencies or institutions; (18) experts or consultants, when employed temporarily or intermittently in accordance with section 3109 of this title; (19) emergency or seasonal employees whose employment is of uncertain or purely temporary duration, or who are employed for brief periods at intervals; (20) employees employed on a fee, contract, or piece work basis; (21) employees who may lawfully perform their duties concurrently with their private profession, business, or other employment, and whose duties require only a portion of their time, when it is impracticable to ascertain or anticipate the proportion of time devoted to the service of the Government of the United States; (22) "teachers" and "teaching positions" as defined by section 901 of title 20; (23) examiners-in-chief and designated examiners-in-chief in the Patent Office, Department of Commerce; (24) temporary positions in the Bureau of the Census established under section 23 of title 13, and enumerator positions in the Bureau of the Census; or (25) positions for which rates of basic pay are individually fixed, or expressly authorized to be fixed, by other statute, at or in excess of the maximum rate for GS-18. (d) This chapter does not apply to an employee of the Office of the Architect of the Capitol whose pay is fixed by other statute. Subsection (c) of this section, except paragraph (7), does not apply to the Office of the Architect of the Capitol. § 5103. Determination of applicability The Civil Service Commission shall determine finally the applicability of section 5102 of this title to specific positions and employees, except for positions and employees in the Office of the Architect of the Capitol. § 5104. Basis for grading positions The General Schedule, the symbol for which is " G S ", is the basio pay schedule for positions to which this chapter applies. The General Schedule is divided into 18 grades of difiiculty and responsibility of work, as follows: (1) Grade G S - 1 includes those classes of positions the duties of which are to perform, under immediate supervision, with little or no latitude for the exercise of independent judgment— (A) the simplest routine work in office, business, or fiscal operations; or

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(B) elementary work of a subordinate technical character in a professional, scientific, or technical field. (2) Grade GS-2 includes those classes of positions the duties of which are— (A) to perform, under immediate supervision, with limited latitude for the exercise of independent judgment, routine work in office, business, or fiscal operations, or comparable subordinate technical work of limited scope in a professional, scientific, or technical field, requiring some training or experience; or (B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (3) Grade GS-3 includes those classes of positions the duties of which are— (A) to perform, under immediate or general supervision, somewhat difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work of limited scope in a professional, scientific, or technical field, requiring in either case— (i) some training or experience; (ii) working knowledge of a special subject matter; or (iii) to some extent the exercise of independent judgment in accordance with well-established policies, procedures, and techniques; or (B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (4) G r a ' e GS-4 includes those classes of positions the duties of which are— (A) to perform, under immediate or general supervision, moderately difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case— (i) a moderate amount of training and minor supervisory or other experience; (ii) good working knowledge of a special subject matter or a limited field of office, laboratory, engineering, scientific, or other procedure and practice; and (iii) the exercise of independent judgment in accordance with well-established policies, procedures, and techniques; or (B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (5) Grade GS-5 includes those classes of positions the duties of which are—• (A) to perform, under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case— (i) considerable training and supervisory or other experience; (ii) broad working knowledge of a special subject matter or of office, laboratory, engineering, scientific, or other procedure and practice; and (iii) the exercise of independent judgment in a limited field;

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(B) to perform, under immediate supervision, and with little opportunity for the exercise of independent judgment, simple and elementary work requiring professional, scientific, or technical training; or (C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (6) Grade GS-6 includes those classes of positions the duties of which are— (A) to perform, under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case— (i) considerable training and supervisory or other experience; (ii) broad working knowledge of a special and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and (iii) to a considerable extent the exercise of independent judgment; or (B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (7) Grade GS-7 includes those classes of positions the duties of which are— (A) to perform, under general supervision, work of considerable difficulty and responsibility along special technical or supervisory lines in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case— (i) considerable specialized or supervisory training and experience; (ii) comprehensive working knowledge of a special and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and (iii) to a considerable extent the exercise of independent judgment; (B) under immediate or general supervision, to perform somewhat difficult work requiring— (i) professional, scientific, or technical training; and (ii) to a limited extent, the exercise of independent technical judgment; or (C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (8) Grade GS-8 includes those classes of positions the duties of which are— (A) to perform, under general supervision, very difficult and responsible work along special technical or supervisory lines in office, business, or fiscal administration, requiring— (i) considerable specialized or supervisory training and experience; (ii) comprehensive and thorough working knowledge of a specialized and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and (iii) to a considerable extent the exercise of independent judgment; or

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(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (9) Grade GS-9 includes those classes of positions the duties of which are— (A) to perform, under general supervision, very difficult and responsible work along special technical, supervisory, or admmistrative lines in office, business, or fiscal administration, requiring— (i) somewhat extended specialized training and considerable specialized, supervisory, or administrative experience which has demonstrated capacity for sound independent work; (ii) thorough and fundamental knowledge of a special and complex subject matter, or of the profession, art, or science involved; and (iii) considerable latitude for the exercise of independent judgment; (B) with considerable latitude for the exercise of independent judgment, to perform moderately difficult and responsible work, requiring— (i) professional, scientific, or technical training equivalent to that represented by graduation from a college or university of recognized standing; and (ii) considerable additional professional, scientific, or technical training or experience which has demonstrated capacity for sound independent work; or (C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (10) Grade GS-10 includes those classes of positions the duties of which are— (A) to perform, under general supervision, highly difficult and responsible work along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring— (i) somewhat extended specialized, supervisory, or administrative training and experience which has demonstrated capacity for sound independent work; (ii) thorough and fundamental knowledge of a specialized and complex subject matter, or of the profession, art, or science involved; and (iii) considerable latitude for the exercise of independent judgment; or (B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (11) Grade GS-11 includes those classes of positions the duties of which are— (A) to perform, under general administrative supervision and with wide latitude for the exercise of independent judgment, work of marked difficulty and responsibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring— (i) extended specialized, supervisory, or administrative training and experience which has demonstrated important attainments and marked capacity for sound independent action or decision; and

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(ii) intimate grasp of a specialized and complex subject matter, or of the profession, art, or science involved, or of administrative work of marked difficulty; (B) with wide latitude for the exercise of independent judgment, to perform responsible work of considerable difficulty requiring somewhat extended professional, scientific, or technical training and experience which has demonstrated important attainments and marked capacity for independent work; or (C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (12) Grade GS-12 includes those classes of positions the duties of which are— (A) to perform, under general administrative supervision, with wide latitude for the exercise of independent judgment, work of a very high order of difficulty and responsibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring— (i) extended specialized, supervisory, or administrative training and experience which has demonstrated leadership and attainments of a high order in specialized or administrative work; and (ii) intimate grasp of a specialized and complex subject matter or of the profession, art, or science involved; (B) under general administrative supervision, and with wide latitude for the exercise of independent judgment, to perform professional, scientific, or technical work of marked difficulty and responsibility requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and attainments of a high order in professional, scientific, or technical research, practice, or administration; or (C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (13) Grade GS-13 includes those classes of positions the duties of which are— (A) to perform, under administrative direction, with wide latitude for the exercise of independent judgment, work of unusual difficulty and responsibility along special technical, supervisory, or administrative lines, requiring extended specialized, supervisory, or administrative training and experience which has demonstrated leadership and marked attainments; (B) to serve as assistant head of a major organization involving work of comparable level within a bureau; (C) to perform, under administrative direction, with wide latitude for the exercise of independent judgment, work of unusual difficulty and responsibility requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and marked attainments in professional, scientific, or technical research, practice, or administration; or (D) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (14) Grade GS-14 includes those classes of positions the duties of which are— (A) to perform, under general administrative direction, with wide latitude for the exercise of independent judgment,

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work of exceptional difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and unusual attainments; (B) to serve as head of a major organization within a bureau involving work of comparable level; (C) to plan and direct or to plan and execute major professional, scientific, technical, administrative, fiscal, or other specialized programs, requiring extended training and experience which has demonstrated leadership and unusual attainments in professional, scientific, or technical research, practice, or administration, or in administrative, fiscal, or other specialized activities; or (D) to perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (15) Grade GS-15 includes those classes of positions the duties of which are— (A) to perform, under general administrative direction, with very wide latitude for the exercise of independent judgment, work of outstanding difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and exceptional attainments; (B) to serve as head of a major organization within a bureau involving work of comparable level; (C) to plan and direct or to plan and execute specialized programs of marked difficulty, responsibility, and national significance, along professional, scientific, technical, administrative, fiscal, or other lines, requiring extended training and experience which has demonstrated leadership and unusual attainments in professional, scientific, or technical research, practice, or administration, or in administrative, fiscal, or other specialized activities; or (D) to perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (16) Grade GS-16 includes those classes of positions the duties of which are— (A) to perform, under general administrative direction, with unusual latitude for the exercise of independent judgment, work of outstanding difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and exceptional attainments; (B) to serve as the head of a major organization involving work of comparable level; (C) to plan and direct or to plan and execute professional, scientific, technical, administrative, fiscal, or other specialized programs of unusual difficulty, responsibility, and national significance, requiring extended training and experience which has demonstrated leadership and exceptional attainments in professional, scientific, or technical research, practice, or administration, or in administrative, fiscal, or other specialized activities; or (D) to perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of

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equal importance, difficulty, and responsibility, and requiring comparable qualifications. (17] Grade GS-17 includes those classes of positions the duties of which are— (A) to serve as the head of a bureau where the position, considering the kind and extent of the authorities and responsibilities vested in it, and the scope, complexity, and degree of difficulty of the activities carried on, is of a high order among the whole group of positions of heads of bureaus; (B) to plan and direct or to plan and execute professional, scientific, technical, administrative, fiscal, or other specialized programs of exceptional difficulty, responsibility, and national significance, requiring extended training and experience which has demonstrated exceptional leadership and attainments in professional, scientific, or technical research, practice, or administration, or in administrative, fiscal, or other specialized activities; or (C) to perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (18) Grade GS-18 includes those classes of positions the duties of which are— (A) to serve as the head of a bureau where the position, considering the kind and extent of the authorities and responsibilities vested in it, and the scope, complexity, and degree of difficulty of the activities carried on, is exceptional and outstanding among the whole group of positions of heads of bureaus; (B) to plan and direct or to plan and execute frontier or unprecedented professional, scientific, technical, administrative, fiscal, or other specialized programs of outstanding difficulty, responsibility, and national significance, requiring extended training and experience which has demonstrated outstanding leadership and attainments in professional, scientific, or technical research, practice, or administration, or in administrative, fiscal, or other specialized activities; or (C) to perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. § 5105. Standards for classification of positions (a) The Civil Service Commission, after consulting the agencies, shall prepare standards for placing positions in their proper classes and grades. The Commission may make such inquiries or investigations of the duties, responsibilities, and qualification requirements of positions as it considers necessary for this purpose. The agencies, on request of the Commission, shall furnish information for and cooperate in the preparation of the standards. I n the standards, which shall be published in such form as the Commission may determine, the Commission shall— (1) define the various classes of positions in terms of duties, responsibilities, and qualification requirements; (2) establish the official class titles; and (3) set forth the grades in which the classes have been placed by the Commission.

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(b) The Commission, after consulting the agencies to the extent considered necessary, shall revise, supplement, or abolish existing standards, or prepare new standards, so that, as nearly as may be practicable, positions existing at any given time will be covered by current published standards, (c) The official class titles established under subsection (a)(2) of this section shall be used for personnel, budget, and fiscal purposes. However, this requirement docs not prevent the use of organizational or other titles for internal administration, public convenience, law enforcement, or similar purposes. § 5106. Basis for classifying positions (a) Each position shall be placed in its appropriate class. The basis for determining the appropriate class is the duties and responsibilities of the position and the qualifications required by the duties and responsibilities. (b) Each class shall be placed in its appropriate grade. The basis for determining the appropriate grade is the level of difficulty, responsibility, and qualification requirements of the work of the class. (c) Appropriated funds may not be used to pay an employee who places a supervisory position in a class and grade solely on the basis of the size of the organization unit or the numoer of subordinates supervised. These factors may be given effect only to the extent warranted by the work load of the organization unit and then only in combination with other factors, such as the kind, difficulty, and complexity of work supervised, the degree and scope of responsibility delegated to the supervisor, and the kind, degree, and character of the supervision exercised. § 5107. Classification of positions Except as otherwise provided by this chapter, each agency shall place each position under its jurisdiction in its appropriate class and grade in conformance with standards published by the Civil Service Commission or, if no published standards apply directly, consistently with published standards. IVhen facts warrant, an agency may change a position which it has placed in a class or grade under this section from that class or grade to another class or grade. Subject to section 5337 of this title, these actions of an agency are the basis for pay and personnel transactions until changed by certificate of the Commission. § 5108. Classification of positions at GS-16,17, and 18 (a) A majority of the Civil Service Commissioners may establish, and from time to time revise, the maximum numbers of positions (not to exceed an aggregate of 2,400, in addition to any professional engineering positions primarily concerned with research and development and professional positions in the physical and natural sciences and medicine which may be placed in these grades, and in addition to 240 hearing examiner positions under section 3105 of this title which may be placed in GS-16 and 9 such positions which may be placed in GS-17) which may be placed in GS-16, 17, and 18 at any one time. However, under this authority— (1) not to exceed 25 percent of the aggregate number may be placed in GS-17 and not to exceed 12 percent of the aggregate number may be placed in GS-18; (2) 50 of the positions are available only for allocation, with the approval of the President, for an agency or function created after October 4, 1961;

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12 unaccountable caprice has it happened, that the latter, who pretends to no experience whatsoever, is removed to the most important of the two departments, and the former by preference placed in an office, where his experience can be of no use to him? Lord Weymouth had distinguished himself, in his first employment, by a spirited, if not judicious conduct. He had animated the civil magistrate beyond the tone of civil authority, and had directed the operations of the army to more than military execution. Recovered from the errors of his youth, from the distraction of play, and the bewitching smiles of Burgundy, behold him exerting the whole strength of his clear, unclouded faculties, in the service of the crown. It was not the heat of midnight excesses, nor ignorance of the laws, nor the furious spirit of the house of Bedford; No, Sir, when this respectable minister interposed his authority between the magistrate, and the people, and signed the mandate, on which, for aught he knew, the lives of thousands depended, he did it from the deliberate motion of his heart, supported by the best of his judgment.


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(3) 14 of the positions are available only for allocation to the United States Arms Control and Disarmament Agency; (4) 6 of the positions are available only for allocation to the Immigration and Naturalization Service, Department of Justice; and (5) 4 of the positions are available only for allocation to the Federal Home Loan Bank Board. A position may be placed in GS-16,17, or 18 only by action of, or after prior approval by, a majority of the Civil Service Commissioners. (b) The number of positions of senior specialists in the Legislative Reference Service, Library of Congress, placed in GS-16, 17, and 18 under the proviso in section 166(b)(1) of title 2 are in addition to the number of positions authorized by subsection (a) of this section. (c) I n addition to the number of positions authorized by subsection (a) of this section— (1) the Comptroller General of the United States, subject to the procedures prescribed by this section, may place a total of 39 positions in the General Accounting Office in GS-16, 17, and 18; (2) the Director of the Federal Bureau of Investigation, without regard to any other provision of this section, may place a total of 75 positions in the Federal Bureau of Investigation in GS-16, 17, and 18; (3) the Director of the Administrative Office of the United States Courts may place a total of 4 positions in GS-17; (4) the Commissioner of Immigration and Naturalization may place a total of 11 positions in GS-17; (5) the Secretary of Defense, subject to the standards and procedures prescribed by this chapter, may place a total of 407 positions (in addition to any professional engineering positions primarily concerned with research and development and professional engineering positions in the physical and natural sciences which may be placed in these grades) in the Department of Defense in GS-16,17, and 18; (6) the Administrator of the National Aeronautics and Space Administration, subject to the standards and procedures prescribed by this chapter, may place a total of 5 positions in the National Aeronautics and Space Administration in GS-16, 17, and 18; (7) the Attorney General, without regard to any other provision of this section, may place a total of— (A) 10 positions of Warden in the Bureau of Prisons in GS-16; and (B) 8 positions of Member of the Board of Parole in GS-17; (8) the Attorney General, without regard to this chapter (except section 5114), may place 1 position in GS-16; and (9) the Railroad Retirement Board may place 4 positions in GS-16,4 in GS-17, and 1 in GS-18, for the purpose of its administration of chapter 9 or 11 of title 45, or both. (d) When a general appropriation statute authorizes an agency to place additional positions in GS-16, 17, and 18, the total number of positions authorized to be placed in these grades by this section (except subsection (c)(8) and (9)) is reduced by the number of positions authorized by the appropriation statute, unless otherwise specifically provided. The reduction is made in the following order— first, from any number specifically authorized for the agency by this section (except subsection (c)(8) and (9)); and

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second, from the maximum number of positions authorized by subsection (a) of this section irrespective of the agency to which the positions are allocated. § 5109. Positions classified by statute (a) The position held by an employee of the Department of Agriculture while he, under section 450d of title 7, is designated and vested with a delegated regulatory function or part thereof shall be classified in accordance with this chapter, but not lower than GS-14. (b) The position held by the employee appointed under section 1104(a)(2) of this title to have such functions and duties with respect to retirement, life insurance, and health benefits programs as the Civil Service Commission may prescribe is classified at GS-18, and is in addition to the number of positions authorized by section 5108(a) of this title. (c) Each of the following positions on the police force authorized for the National Zoological P a r k by section 193n of title 40 is classified as follows: (1) Private—GS-5. (2) Sergeant—GS-6. (3) Lieutenant—GS-7. (4) Captain—GS-8. § 5110, Review of classification of positions (a) The Civil Service Commission, from time to time, shall review such number of positions in each agency as will enable the Commission to determine whether the agency is placing positions in classes and grades in conformance with or consistently with published standards. (b) When the Commission finds under subsection (a) of this section that a position is not placed in its proper class and grade in conformance with published standards or that a position for which there is no published standard is not placed in the class and grade consistently with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position in its appropriate class and grade and shall certify this action to the agency. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials. §5111. Revocation and restoration of authority to classify positions (a) When the Civil Service Commission finds that an agency is not placing positions in classes and grades in conformance with or consistently with published standards, it may revoke or suspend the authority granted to the agency by section 5107 of this title and require that prior approval of the Commission be secured before an action placing a position in a class and grade becomes effective for payroll and other personnel purposes. The Commission may limit the revocation or suspension to— (1) the departmental or field service, or any part thereof; (2) a geographic area; (3) an organization unit or group of organization units; (4) certain types of classification actions; (5) classes in particular occupational groups or grades; or (6) classes for which standards have not been published. (b) After revocation or suspension, the Commission may restore the authority to the extent that it is satisfied that later actions placing

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positions in classes and grades will be in conformance with or consistent with published standards. § 5112. General authority of the Civil Service Commission (a) Notwithstanding section 5107 of this title, the Civil Service Commission may— (1) ascertain currently the facts as to the duties, responsibilities, and qualification requirements of a position; (2) place in an appropriate class and grade a newly created position or a position coming initially under this chapter; (3) decide whether a position is in its appropriate class and grade; and (4) change a position from one class or grade to another class or grade when the facts warrant. The Commission shall certify to the agency concerned its action under paragraph (2) or (4) of this subsection. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials. (b) An employee aftected or an agency may request at any time that the Commission exercise the authority granted to it by subsection (a) of this section and the Commission shall act on the request. § 5113. Classification records The Civil Service Commission may— (1) prescribe the form in which each agency shall record the duties and responsibilities of positions and the places where these records shall be maintained; (2) examine these or other pertinent records of the agency; and (3) interview employees of the agency who have knowledge of the duties and responsibilities of positions and information as to the reasons for placing a position in a class or grade. § 5114. Reports; positions in GS-16,17, and 18 (a) The Civil Service Commission, with respect to positions under section 5108(a) of this title, the head of the agency concerned, with respect to positions under sections 5108(b), (c) and 5109(b)- of this title, and the appropriate authority, with respect to positions under jurisdiction of the authority which are allocated to or placed in GS-16, 17, and 18, including positions so allocated or placed on a temporary or present incumbency basis, under reorganization plan or statute, except sections 5108 and 5109 of this title, shall submit, so long as the reorganization plan or statute remains in effect, to Congress, not later than February 1 of each year, a report setting forth— (1) the total number of positions allocated to or placed in all these grades during the immediately preceding calendar year, the total number of positions allocated to or placed in each of these grades during the immediately preceding calendar year, and the total number of these positions in existence during the immediately preceding calendar year and the grades to or in which the total number of positions m existence are allocated or placed; (2) the name, rate of pay, and description of the qualifications of the incumbent of each of these positions, together with the position title and a statement of the duties and responsibilities performed by the incumbent; (3) the position or positions in or outside the Government of the United States held by each of these incumbents, and his rate or rates of pay, during the 5-year period immediately preceding the date of his appointment to the position; and

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(4) such other information as the Commission, the head of the agency, or other appropriate authority submitting the report may consider appropriate or as may be required by Congress or a committee thereof. This subsection does not require the resubmission of information required by paragraphs (2) and (3) of this subsection which has been reported under this subsection and which remains unchanged. (b) When the Commission, the head of the agency, or omer appropriate authority considers full public disclosure of any or all of the items specified by subsection (a) of this section to be detrimental to the national security, the Commission, the head of the agency, or authority may— (1) omit from the annual report those items with respect to which full public disclosure is found to be detrimental to the national security; (2) inform Congress of the omission; and (3) at the request of the Congressional committee to which the report is referred, present all information concerning those items. §5115. Regulations The Civil Service Commission may prescribe regulations necessary for the administration of this chapter, except sections 5109 and 5114. CHAPTER 53—PAY RATES AND SYSTEMS SUBCHAPTER I—PAY COMPARABILITY SYSTEM Sec.

5301. 5302. 5303. 5304.

Policy. Annual reports on pay comparability. Higher minimum rates; Presidential authority. Presidential policies and regulations.

SUBCHAPTER II—EXECUTIVE SCHEDULE PAY RATES Sec.

5311. 5312. 5313. 5314. 5315. 5316. 5317.

The Executive Schedule. Positions at level I. Positions at level II. Positions at level III. Positions at level IV. Positions at level V. Presidential authority to place positions at levels IV and V.

SUBCHAPTER III—GENERAL SCHEDULE PAY RATES Sec.

5331. Definitions; application. 5332. The General Schedule. 5333. Minimum rate for new appointments; higher rates for supervisors of wage-board employees. 5334. Rate on change of position or type of appointment; regulations. 5335. Periodic step-increases. 5336. Additional step-increases. 5337. Pay saving. 5338. Regulations.

SUBCHAPTER IV—PREVAILING RATE SYSTEMS Sec.

5341. 5342. 5343. 5344.

Trades and crafts. Crews of vessels. Effective date of pay increase. Retroactive pay.

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SUBCHAPTER V—STUDENT-EMPLOYEES Sec.

5351. 5352. 5353. 5354. 5355. 5356.

Definitions. Stipends. Quarters, subsistence, and laundry. Effect of 4etail or affiliation; travel expenses. Effect on other statutes. Appropriations.

SUBCHAPTER VI—MISCELLANEOUS PROVISIONS Sec.

5361. 5362. 5363. 5364.

Scientific and professional positions. Hearing examiners. Limitation on pay fixed by administrative action. Miscellaneous positions in the executive branch.

SUBCHAPTER I—PAY COMPARABILITY SYSTEM

^

§ 5301. Policy, I t is the policy of Congress that Federal pay fixing be based on the principles that— (1) there be equal pay for substantially equal work, and pay distinctions be maintained in keeping with work and performance distinctions; and (2) Federal pay rates be comparable with private enterprise pay rates for the same levels of work. Pay levels for the several Federal statutory pay systems shall be interrelated, and pay levels shall be set and adjusted in accordance with these principles. § 5302. Annual reports on pay comparability In order to carry out the policy stated by section 5301 of this title, the President shall— (1) direct such agency as he considers appropriate, to prepare and submit to him annually a report which compares the rates of pay fixed by statute for employees with the rates of pay paid for the same levels of work in private enterprise as determined on the basis of appropriate annual surveys conducted by the Bureau of Labor Statistics; and (2) after seeking the views of such employee organizations as he considers appropriate and in such manner as he may provide, report annually to Congress— (A) this comparison of Federal and private enterprise pay rates; and (B) such recommendations for revision of statutory pay schedules, pay structures, and pay policy, as he considers advisable. § 5303. Higher minimum rates; Presidential authority (a) When the President finds that the pay rates in private enterprise for one or more occupations in one or more areas or locations are so substantially above the pay rates of statutory pay schedules as to handicap significantly the Government's recruitment or retention of well-qualified individuals in positions paid under— (1) section 5332 of this title; (2) the provisions of part III of title 39 relating to employees in the postal field service;

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