(ii)the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, or any Executive agency or unit thereof which is designated by the President and the principal function of which is the conduct of foreign intelligence or counterintelligence activities; or
(iii)the Government Accountability Office;
(2)“employee” means an individual employed in or under an agency, but does not include—
(A)an employee outside the United States who is paid in accordance with local native prevailing wage rates for the area in which employed;
(B)an individual in the Foreign Service of the United States;
(C)a physician, dentist, nurse, or other employee in the Veterans Health Administration of the Department of Veterans Affairs whose pay is fixed under chapter
73 of title
(D)an administrative law judge appointed under section
3105 of this title;
(E)an individual in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service;
(F)an individual appointed by the President;
(G)an individual occupying a position not in the competitive service excluded from coverage of this subchapter by regulations of the Office of Personnel Management; or
(H)an individual who
(i) is serving in a position under a temporary appointment for less than one year,
(ii) agrees to serve without a performance evaluation, and
(iii) will not be considered for a reappointment or for an increase in pay based in whole or in part on performance; and
(3)“unacceptable performance” means performance of an employee which fails to meet established performance standards in one or more critical elements of such employee’s position.
Mar. 26, 1964, Pub. L. 88–290, “Sec. 306(b)”, 78 Stat. 170.
In paragraph (1), the term “Executive agency” is substituted for the reference to “executive departments, the independent establishments and agencies in the executive branch, including corporations wholly owned by the United States” and “the General Accounting Office”. The exception of “a Government controlled corporation” is added in subparagraph (vii) to preserve the application of this chapter to “corporations wholly owned by the United States”. The exceptions for Production credit corporations and Federal intermediate credit banks in former section
2001(b)(5), (6) are omitted as they are no longer “corporations wholly owned by the United States”. Under the Farm Credit Act of 1956, 70 Stat. 659, the production credit corporations were merged in the Federal intermediate credit banks, and pursuant to that Act the Federal intermediate credit banks have ceased to be corporations owned by the United States. The exceptions for Federal land banks and banks for cooperatives in former section
2001(b)(7), (8) are omitted as included within the exception of “a Government controlled corporation” in subparagraph (vii).
Paragraph (2) is supplied because the definition of “employee” in section
2105 does not encompass individuals employed by the government of the District of Columbia. The definition in paragraph (2) does not encompass members of the uniformed services as they are not “employed” in or under an agency.
Paragraph (2)(E) is based on the third and fifth sentences, respectively, of former sections
1011, which are carried into sections
559, respectively, and section 1106(a) of the Act of Oct. 28, 1949, ch. 782, 63 Stat. 972.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
2008—Par. (1)(ii) Pub. L. 110–417substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.
2004—Par. (1)(iii). Pub. L. 108–271substituted “Government Accountability Office” for “General Accounting Office”.
1996—Par. (1)(ii). Pub. L. 104–201substituted “National Imagery and Mapping Agency” for “Central Imagery Office”.
1994—Par. (1)(ii). Pub. L. 103–359inserted “the Central Imagery Office,” after “Defense Intelligence Agency,”.
1991—Par. (2)(C). Pub. L. 102–54substituted “Veterans Health Administration of the Department of Veterans Affairs” for “Department of Medicine and Surgery, Veterans’ Administration”.
1990—Par. (1). Pub. L. 101–474redesignated subpar. (C) as (B) and struck out former subpar. (B) which included Administrative Office of United States Courts within definition of “agency”.
Amendment by Pub. L. 91–375effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) ofPub. L. 91–375, set out as an Effective Date note preceding section
101 of Title
39, Postal Service.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.