ployees 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 438.)

4307. Other rating procedures prohibited. 4308. Regulations.

§ 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 440.)

§ 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. (Pub. L. 89– 554, Sept. 6, 1966, 80 Stat. 440.)

§ 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 440.)

§ 4304. Ratings for performance

(a) Each performance-rating plan shall provide for ratings representing at least

(1) satisfactory performance;

(2) unsatisfactory performance; and

(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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 440.)

§ 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) In 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 441.)

§ 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 the 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 441.)

§ 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 the Civil Service Commission as meeting the requirements of this chapter. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 441.)

§ 4308. Regulations

The Civil Service Commission may prescribe regulations necessary for the administration of this chapter. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 442.)

Regulations.

4501. Definitions

For the purpose of the 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 Tennessee 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 442.)

§ 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 442.)

§ 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443.)

§ 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443.) § 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443.)

§ 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443.)

SEC.

5101. Purpose.

Subpart D-Pay and Allowances

CHAPTER 51-CLASSIFICATION

5102. Definitions; application.

5103.

5104. Basis for grading positions.

Determination of applicability.

5105.

Standards for classification of positions.

5106.

Basis for classifying positions.

5107.

5108.

Classification of positions.

Classification of positions at GS-16, 17, and 18.

5109. Positions classified by statute.

5110. Review of classification of positions.

5111. Revocation and restoration of authority to classify positions.

5112. General authority of the Civil Service Commission.

5113.

Classification records.