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SEC.

Subpart A-General Provisions

CHAPTER 21-DEFINITIONS

2101. Civil service; armed forces; uniformed services. 2101a. The Senior Executive Service.

2102. The competitive service.

2103. The excepted service.

2104.

2105.

Officer.

Employee.

2106. Member of Congress.

2107. Congressional employee.

2108.

Veteran; disabled veteran; preference eligible.

2109. Air traffic controller; Secretary.

§ 2101. Civil service; armed forces; uniformed services For the purpose of this title

(1) the "civil service" consists of all appointive positions: the executive, judicial, and legislative branches of the Gove ment of the United States, except positions in the unifor services;

(2) "armed forces" means the Army, Navy, Air Force, Mar Corps, and Coast Guard; and

(3) "uniformed services" means the armed forces, the comm sioned corps of the Public Health Service, and the commissio corps of the National Oceanic and Atmospheric Administrati (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 408, amended Pub. L. 90-9 $1(4), Sept. 11, 1967, 81 Stat. 196; Pub. L. 96–54, Aug. 14, 1979:5 Stat. 381.)

§ 2101a. The Senior Executive Service

The "Senior Executive Service" consists of Senior Executive Ser ice positions (as defined in section 3132 (a) (2) of this title). (P.) L. 95-454, Oct. 13, 1978, 92 Stat. 1154.)

§ 2102. The competitive service

(a) The "competitive service" consists of

(1) all civil service positions in the executive branch, except(A) positions which are specifically excepted from the co petitive service by or under statute;

(B) positions to which appointments are made by nomi tion for confirmation by the Senate, unless the Senate othe wise directs; and

(C) positions in the Senior Executive Service;

(2) civil service positions not in the executive branch which specifically included in the competitive service by statute; a (3) positions in the government of the District of Colum which are specifically included in the competitive service

statute.

(b) Notwithstanding subsection (a)(1)(B) of this section, the "competitive service" includes positions to which appointments are made by nomination for confirmation by the Senate when specifically included therein by statute.

(c) As used in other Acts of Congress, "classified civil service" or "classified service" means the "competitive service". (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 408; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1154.)

§ 2103. The excepted service

(a) For the purpose of this title, the "excepted service" consists of those civil service positions which are not in the competitive service or the Senior Executive Service.

(b) As used in other Acts of Congress, "unclassified civil service" or "unclassified service" means the "excepted service". (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 408; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1154.)

§ 2104. Officer

(a) For the purpose of this title, "officer", except as otherwise provided by this section or when specifically modified, means a justice or judge of the United States and an individual who is

(1) required by law to be appointed in the civil service by one of the following acting in an official capacity—

(A) the President;

(B) a court of the United States;

(C) the head of an Executive agency; or

(D) the Secretary of a military department;

(2) engaged in the performance of a Federal function under authority of law or an Executive act; and

(3) subject to the supervision of an authority named by paragraph (1) of this section, or the Judicial Conference of the United States, while engaged in the performance of the duties of his office.

(b) Except as otherwise provided by law, an officer of the United States Postal Service or of the Postal Rate Commission is deemed not an officer for purposes of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 408, amended Pub. L. 91-375, § 6(c) (3), Aug. 12, 1970, 84 Stat. 775.)

§ 2105. Employee

(a) For the purpose of this title, "employee", except as otherwise provided by this section or when specifically modified, means an officer and and individual who is

(1) appointed in the civil service by one of the following acting in an official capacity—

(A) the President;

(B) a Member or Members of Congress, or the Congress; (C) a member of a uniformed service;

(D) an individual who is an employee under this section; (E) the head of a Government controlled corporation; or (F) an adjutant general designated by the Secretary concerned under section 709 (c) of title 32;

(2) engaged in the performance of a Federal function under authority of law or an Executive act; and

(3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position.

(b) An individual employed at the United States Naval Academy in the midshipmen's laundry, the midshipmen's tailor shop, the midshipmen's cobbler and barber shops, and the midshipmen's store, except an individual employed by the Academy dairy, is deemed an employee.

(c) An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Army and Air Force Motion Pic ture Service, Navy Ship's Stores Ashore, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an employee for the purpose of

(1) laws (other than subchapter IV of chapter 53 and sections 5550 and 7204 of this title) administered by the Office of Personnel Management; or

(2) subchapter I of chapter 81 and section 7902 of this title. This subsection does not affect the status of these nonappropriated fund activities as Federal instrumentalities.

(d) A Reserve of the armed forces who is not on active duty or who is on active duty for training is deemed not an employee or an individual holding an office of trust or profit or discharging an officia! function under or in connection with the United States because of his appointment, oath, or status, or any duties or functions performed or pay or allowances received in that capacity.

(e) Except as otherwise provided by law, an employee of the United States Postal Service or of the Postal Rate Commission is deemed not an employee for purposes of this title. (Pub. L. 89-554, Sept. 6, 1966. 80 Stat. 409, amended Pub. L. 90-486, § 4, Aug. 13, 1968, 82 Stat. 757; Pub. L. 91-375, § 6(c)(4), Aug. 12, 1970, 84 Stat. 775; Pub. L. 92–392. § 2, Aug. 19, 1972, 86 Stat. 573; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1217 and 1224; Pub. L. 96-54, Aug. 14, 1979, 93 Stat. 381.)

§ 2106. Member of Congress

For the purpose of this title, "Member of Congress" means the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 409. amended Pub. L. 91-405, § 204(b), Sept. 22, 1970, 84 Stat. 852; Pub. L. 96-54, Aug. 14, 1979, 93 Stat. 381.)

§ 2107. Congressional employee

For the purpose of this title, "Congressional employee" means(1) an employee of either House of Congress, of a committe of either House, or of a joint committee of the two Houses; (2) an elected officer of either House who is not a Member of Congress;

SEC.

CHAPTER 23-MERIT SYSTEM PRINCIPLES

2301. Merit system principles.

2302. Prohibited personnel practices.

2303.

2304.

Prohibited personnel practices in the Federal Bureau of Investigation.
Responsibility of the General Accounting Office.

2305. Coordination with certain other provisions of law.

§ 2301. Merit system principles

(a) This section shall apply to

(1) an Executive agency;

(2) the Administrative Office of the United States Courts; and (3) the Government Printing Office.

(b) Federal personnel management should be implemented consistent with the following merit system principles:

(1) Recruitment should be from qualified individuals from appropriate sources in an endeavor to achieve a work force from all segments of society, and selection and advancement should be determined solely on the basis of relative ability, knowledge, and skills, after fair and open competition which assures that all receive equal opportunity.

(2) All employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights.

(3) Equal pay should be provided for work of equal value, with appropriate consideration of both national and local rates paid by employers in the private sector, and appropriate incentives and recognition should be provided for excellence in performance.

(4) All employees should maintain high standards of integrity, conduct, and concern for the public interest.

(5) The Federal work force should be used efficiently and effectively.

(6) Employees should be retained on the basis of the adequacy of their performance, inadequate performance should be corrected, and employees should be separated who cannot or will not improve their performance to meet required standards.

(7) Employees should be provided effective education and training in cases in which such education and training would result in better organizational and individual performance.