Page:United States Statutes at Large Volume 92 Part 1.djvu/1186

 92 STAT. 1132 -M^l >g:y 5

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38 USC 4101 et



5 USC 4302.

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PUBLIC LAW 95-454—OCT. 13, 1978 " (B) the Administrative Office of the United States Courts; and " (C) the Government P r i n t i n g Office; but does not include— " (i) a Government corporation; " ( i i) the Central Intelligence Agency, the Defense 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 " ( i i i) the General Accounting 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 Department of Medicine and Surgery, Veterans' Administration whose pay is fixed under chapter 73 of title 3 8;

"(D) an administrative law judge appointed under section 3105 of this title; " (E) an individual in the Senior Executive Service; " (F) an individual appointed by the President; or "(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; and "(3) Hmacceptable performance' means performance of an employee which fails to meet established performance standards in one or more critical elements of such employee's position. "(a) Each agency shall develop one or more performance appraisal systems which— "(1) provide for periodic appraisals of job performance of employees; "(2) encourage employee participation in establishing performance standards; and "(3) use the results of performance appraisals as a basis for training, rewarding, reassigning, promoting, reducing in grade, retaining, and removing employees; "(b) Under regulations which the Office of Personnel Management shall prescribe, each performance appraisal system shall provide for— "(1) establishing performance standards which will, to the maximum extent feasible, permit the accurate evaluation of job performance on the basis of objective criteria (which may include the extent of courtesy demonstrated to the public) related to the job in question for each employee or position under the system; "(2) as soon as practicable, but not later than October 1, 1981, with respect to initial appraisal periods, and thereafter at the . beginning of each following appraisal period, communicating to each employee the performance standards and the critical elements of the employee's position; "(3) evaluating each employee during the appraisal period on such standards;
 * '§ 4302. Establishment of performance appraisal systems

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