r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES wiki — defined terms

“agency” applies in that section

the term “agency” means an Executive agency defined under section 105, but does not include the Central Intelligence Agency, the Government Accountability Office, the United States Postal Service, and the Postal Regulatory Commission.

“agency” applies throughout its subchapter

The term “agency” means an agency referred to under section 901(b) of title 31 . (2) Director .—

“Director” applies throughout its subchapter

The term “Director” means the Director of the Office of Management and Budget. (3) Evaluation .—

“evaluation” applies throughout its subchapter

The term “evaluation” means an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and efficiency. (4) Evidence .—

“evidence” applies throughout its subchapter

The term “evidence” has the meaning given that term in section 3561 of title 44 . (5) State .—

“State” applies throughout its subchapter

The term “State” means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized governing body of any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (6) Statistical activities; statistical agency or unit; statistical purpose .—

“statistical activities” applies throughout its subchapter

The terms “statistical activities”, “statistical agency or unit”, and “statistical purpose” have the meanings given those terms in section 3561 of title 44 .

“statistical agency or unit” applies throughout its subchapter

The terms “statistical activities”, “statistical agency or unit”, and “statistical purpose” have the meanings given those terms in section 3561 of title 44 .

“statistical purpose” applies throughout its subchapter

The terms “statistical activities”, “statistical agency or unit”, and “statistical purpose” have the meanings given those terms in section 3561 of title 44 .

“agency” applies throughout its subchapter

The term “agency” has the meaning given that term in section 3502 of title 44 . (2) Director .—

“Director” applies throughout its subchapter

The term “Director” means the Director of the Office of Management and Budget. (3) Government service delivery .—

“Government service delivery” applies throughout its subchapter

The term “Government service delivery” means any action by an agency related to providing a benefit or service to an individual, business, or organization (such as a grantee or State, local, or Tribal entity), including any such action of a contractor or nonprofit organization acting on behalf of the agency or administering a federally-funded program. (4) Government service delivery channel .—

“Government service delivery channel” applies throughout its subchapter

The term “Government service delivery channel” means the format or medium of an interaction or transaction with the Federal Government, including in-person, through the mail, through a digital service, by telephone, through a contact center, on a website, through outreach and communication, and through collaboration with a third party, or through other ways in which an individual or entity significantly interacts with the Federal Government. (5) High impact service provider .—

“high impact service provider” applies throughout its subchapter

The term “high impact service provider” means an agency program identified by the Director due to the scale and impact of the public-facing services of the program.

“establishment” applies throughout its chapter

The term “establishment” means the Department of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Development, the Interior, Justice, Labor, State, Transportation, Homeland Security, the Treasury, or Veterans Affairs; the Agency for International Development, the Community Development Financial Institutions Fund, the Environmental Protection Agency, the Federal Communications Commission, the Federal Emergency Management Agency, the General Services Administration, the National Aeronautics and Space Administration, the Nuclear Regulatory Commission, the Office of Personnel Management, the Railroad Retirement Board, the Federal Deposit Insurance …

“Federal agency” applies throughout its chapter

The term “Federal agency” means an agency as defined in section 552(f) of this title (including an establishment as defined in paragraph (1)), but shall not be construed to include the Government Accountability Office. (3) Head of the establishment .—

“head of the establishment” applies throughout its chapter

The term “head of the establishment” means the Secretary of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Development, the Interior, Labor, State, Transportation, Homeland Security, the Treasury, or Veterans Affairs; the Attorney General; the Administrator of the Agency for International Development, Environmental Protection, General Services, National Aeronautics and Space, Small Business, or the Federal Emergency Management Agency; the Director of the Office of Personnel Management; the Chairman of the Nuclear Regulatory Commission, the Federal Communications Commission, or the Railroad Retirement Board; the Chief Executive Officer of the …

“Inspector General” applies throughout its chapter

The term “Inspector General” means the Inspector General of an establishment. (5) Office .—

“Office” applies throughout its chapter

The term “Office” means the Office of Inspector General of an establishment.

“disallowed cost” applies in that section

The term “disallowed cost” means a questioned cost that management, in a management decision, has sustained or agreed should not be charged to the Government. (2) Final action .—

“final action” applies in that section

The term “final action” means— (A) the completion of all actions that the management of an establishment has concluded, in its management decision, are necessary with respect to the findings and recommendations included in an audit report; and (B) in the event that the management of an establishment concludes no action is necessary, final action occurs when a management decision has been made. (3) Management decision .—

“management decision” applies in that section

The term “management decision” means the evaluation by the management of an establishment of the findings and recommendations included in an audit report and the issuance of a final decision by management concerning its response to the findings and recommendations, including actions concluded to be necessary. (4) Questioned cost .—

“questioned cost” applies in that section

The term “questioned cost” means a cost that is questioned by the Office because of— (A) an alleged violation of a provision of a law, regulation, contract, grant, cooperative agreement, or other agreement or document governing the expenditure of funds; (B) a finding that, at the time of the audit, the cost is not supported by adequate documentation; or (C) a finding that the expenditure of funds for the intended purpose is unnecessary or unreasonable. (5) Recommendation that funds be put to better use .—

“recommendation that funds be put to better use” applies in that section

The term “recommendation that funds be put to better use” means a recommendation by the Office that funds could be used more efficiently if management of an establishment took actions to implement and complete the recommendation, including— (A) reductions in outlays; (B) deobligation of funds from programs or operations; (C) withdrawal of interest subsidy costs on loans or loan guarantees, insurance, or bonds; (D) costs not incurred by implementing recommended improvements related to the operations of the establishment, a contractor, or grantee; (E) avoidance of unnecessary expenditures noted in preaward reviews of contract or grant agreements; or (F) any other savings which are …

“senior Government employee” applies in that section

The term “senior Government employee” means— (A) an officer or employee in the executive branch (including a special Government employee as defined in section 202 of title 18 ) who occupies a position classified at or above GS–15 of the General Schedule or, in the case of positions not under the General Schedule, for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and (B) any commissioned officer in the Armed Forces in pay grades O–6 and above. (7) Unsupported cost .—

“unsupported cost” applies in that section

The term “unsupported cost” means a cost that is questioned by the Office because the Office found that, at the time of the audit, such cost is not supported by adequate documentation. (b) Semiannual Reports .— Each Inspector General shall, not later than April 30 and October 31 of each year, prepare semiannual reports summarizing the activities of the Office during the immediately preceding 6-month periods ending March 31 and September 30.

“agency” applies in that section

the terms “agency”, “matching program”, “record”, and “system of records” have the meanings given those terms in section 552a(a) of title 5 . (2) Non-consideration of computerized comparisons as matching programs .— For purposes of section 552a of title 5 or any other provision of law, a computerized comparison of two or more automated Federal systems of records, or a computerized comparison of a Federal system of records with other records or non-Federal records, performed by an Inspector General or by an agency in coordination with an Inspector General in conducting an audit, investigation, inspection, evaluation, or other review authorized under this chapter shall not be considered a …

“Inspector General” applies in that section

the term “Inspector General” means an Inspector General appointed under section 403 of this title or an Inspector General appointed under section 415 of this title . (g) Budgets.— (1) Inspector general’s budget estimate and request transmitted to head of establishment or designated federal entity .— For each fiscal year, an Inspector General shall transmit a budget estimate and request to the head of the establishment or designated Federal entity to which the Inspector General reports.

“matching program” applies in that section

the terms “agency”, “matching program”, “record”, and “system of records” have the meanings given those terms in section 552a(a) of title 5 . (2) Non-consideration of computerized comparisons as matching programs .— For purposes of section 552a of title 5 or any other provision of law, a computerized comparison of two or more automated Federal systems of records, or a computerized comparison of a Federal system of records with other records or non-Federal records, performed by an Inspector General or by an agency in coordination with an Inspector General in conducting an audit, investigation, inspection, evaluation, or other review authorized under this chapter shall not be considered a …

“record” applies in that section

the terms “agency”, “matching program”, “record”, and “system of records” have the meanings given those terms in section 552a(a) of title 5 . (2) Non-consideration of computerized comparisons as matching programs .— For purposes of section 552a of title 5 or any other provision of law, a computerized comparison of two or more automated Federal systems of records, or a computerized comparison of a Federal system of records with other records or non-Federal records, performed by an Inspector General or by an agency in coordination with an Inspector General in conducting an audit, investigation, inspection, evaluation, or other review authorized under this chapter shall not be considered a …

“system of records” applies in that section

the terms “agency”, “matching program”, “record”, and “system of records” have the meanings given those terms in section 552a(a) of title 5 . (2) Non-consideration of computerized comparisons as matching programs .— For purposes of section 552a of title 5 or any other provision of law, a computerized comparison of two or more automated Federal systems of records, or a computerized comparison of a Federal system of records with other records or non-Federal records, performed by an Inspector General or by an agency in coordination with an Inspector General in conducting an audit, investigation, inspection, evaluation, or other review authorized under this chapter shall not be considered a …

“Agency for International Development” applies throughout its chapter

the term “Agency for International Development” includes any successor agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.). (b) Members of Foreign Service .— In addition to the officers and employees provided for in section 406(a)(7) of this title , members of the Foreign Service may, at the request of the Inspector General of the Agency for International Development, be assigned as employees of the Inspector General.

“designated Federal entity” applies in that section

The term “designated Federal entity” means Amtrak, the Appalachian Regional Commission, the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection, the Committee for Purchase From People Who Are Blind or Severely Disabled, the Commodity Futures Trading Commission, the Consumer Product Safety Commission, the Corporation for Public Broadcasting, the Defense Intelligence Agency, the Denali Commission, the Equal Employment Opportunity Commission, the Farm Credit Administration, the Federal Election Commission, the Election Assistance Commission, the Federal Labor Relations Authority, the Federal Maritime Commission, the Federal Trade Commission, the …

“Federal entity” applies in that section

The term “Federal entity” means any Government corporation (within the meaning of section 103(1) of this title ), any Government controlled corporation (within the meaning of section 103(2) of this title ), or any other entity in the executive branch of the Government, or any independent regulatory agency, but does not include— (A) an establishment (as defined under section 401 of this title ) or part of an establishment; (B) a designated Federal entity (as defined under paragraph (1) of this subsection) or part of a designated Federal entity; (C) the Executive Office of the President; (D) the Central Intelligence Agency; (E) the Government Accountability Office; or (F) any entity in the …

“Governors” applies in that section

the term “Governors” has the meaning given the term by section 102(3) of title 39 . (6) Authorization of appropriations .— There are authorized to be appropriated, out of the Postal Service Fund, such sums as may be necessary for the Office of Inspector General of the United States Postal Service.

“head of the designated Federal entity” applies in that section

The term “head of the designated Federal entity” means the board or commission of the designated Federal entity, or in the event the designated Federal entity does not have a board or commission, any person or persons designated by statute as the head of a designated Federal entity and if no such designation exists, the chief policymaking officer or board of a designated Federal entity as identified in the list published pursuant to subsection (h)(1) of this section, except that— (A) with respect to the National Science Foundation, such term means the National Science Board; (B) with respect to the United States Postal Service, such term means the Governors (within the meaning of section …

“head of the Federal entity” applies in that section

The term “head of the Federal entity” means any person or persons designated by statute as the head of a Federal entity, and if no such designation exists, the chief policymaking officer or board of a Federal entity as identified in the list published pursuant to subsection (h)(1) of this section. (5) Inspector general .—

“Inspector General” applies in that section

The term “Inspector General” means an Inspector General of a designated Federal entity. (6) Office of inspector general .—

“Office of Inspector General” applies in that section

The term “Office of Inspector General” means an Office of Inspector General of a designated Federal entity. (b) Office of Inspector General in Each Designated Federal Entity .— Not later than 180 days after October 18, 1988 , there shall be established and maintained in each designated Federal entity an Office of Inspector General. The head of the designated Federal entity shall transfer to such office the offices, units, or other components, and the functions, powers, or duties thereof, that such head determines are properly related to the functions of the Office of Inspector General and would, if so transferred, further the purposes of this section.

“covered provision” applies in that section

the term “covered provision” means— (i) any otherwise applicable nondisclosure agreement; (ii) any otherwise applicable regulation or order issued under the authority of chapter 18 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2271 et seq.) or Executive Order 13526; (iii) section 798 of title 18 ; or (iv) any other provision of law with respect to the unauthorized disclosure of national security information.

“employee” applies in that section

The term “employee” includes a former employee or former contractor, if the complaint or information reported pursuant to this section arises from or relates to the period during which the former employee or former contractor was an employee or contractor, as the case may be. (4) Intelligence community .—

“intelligence committees” applies in that section

The term “intelligence committees” means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) Urgent concern .—

“intelligence community” applies in that section

The term “intelligence community” has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (b) Complaint or Information With Respect to Urgent Concern.— (1) To whom reports may be made; support for written submission.— (A) Inspector general of department of defense .— An employee of the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Reconnaissance Office, or the National Security Agency, or of a contractor of any of those Agencies, who intends to report to Congress a complaint or information with respect to an urgent concern may report the complaint or information in writing to the Inspector General of the …

“urgent concern” applies in that section

The term “urgent concern” means any of the following: (A) A serious or flagrant problem, abuse, violation of law or Executive order, or deficiency relating to the funding, administration, or operations of an intelligence activity involving classified information, but does not include differences of opinions concerning public policy matters. (B) A false statement to Congress, or a willful withholding from Congress, on an issue of material fact relating to the funding, administration, or operation of an intelligence activity.

“Office of Inspector General” applies in that section

the term “Office of Inspector General” means the Office of— (A) an Inspector General described in subparagraph (A), (B), or (I) of subsection (b)(1); (B) the Special Inspector General for Afghanistan Reconstruction established under section 1229 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 378 ); (C) the Special Inspector General for the Troubled Asset Relief Program established under section 121 of title I of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5231 ); and (D) the Special Inspector General for Pandemic Recovery established under section 4018 of the Coronavirus Economic Stabilization Act of 2020 ( 15 U.S.C. 9053 ).

“Special Counsel” applies in that section

the term “Special Counsel” means the Special Counsel appointed under section 1211(b) of title 5 . (B) Authority of integrity committee.— (i) In general .— An allegation of wrongdoing against the Special Counsel or the Deputy Special Counsel may be received, reviewed, and referred for investigation to the same extent and in the same manner as in the case of an allegation against an Inspector General or against a staff member of an Office of Inspector General described under paragraph (4)(C), subject to the requirement that the representative designated by the Special Counsel under paragraph (5)(A)(ii) shall recuse himself or herself from the consideration of any allegation brought under this …

“staff member” applies in that section

the term “staff member” means any employee of an Office of Inspector General who— (i) reports directly to an Inspector General; or (ii) is designated by an Inspector General under subparagraph (C). (B) Requirement .— An Inspector General shall refer to the Integrity Committee any allegation of wrongdoing against a staff member of the office of that Inspector General, if— (i) review of the substance of the allegation cannot be assigned to an agency of the executive branch with appropriate jurisdiction over the matter; and (ii) the Inspector General determines that— (I) an objective internal investigation of the allegation is not feasible; or (II) an internal investigation of the allegation …

“a representative of the news media” applies in that section

the term “a representative of the news media” means any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. In this clause,

“compelling need” applies in that section

the term “compelling need” means— (I) that a failure to obtain requested records on an expedited basis under this paragraph could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or (II) with respect to a request made by a person primarily engaged in disseminating information, urgency to inform the public concerning actual or alleged Federal Government activity. (vi) A demonstration of a compelling need by a person making a request for expedited processing shall be made by a statement certified by such person to be true and correct to the best of such person’s knowledge and belief.

“news” applies in that section

the term “news” means information that is about current events or that would be of current interest to the public. Examples of news-media entities are television or radio stations broadcasting to the public at large and publishers of periodicals (but only if such entities qualify as disseminators of “news”) who make their products available for purchase by or subscription by or free distribution to the general public. These examples are not all-inclusive. Moreover, as methods of news delivery evolve (for example, the adoption of the electronic dissemination of newspapers through telecommunications services), such alternative media shall be considered to be news-media entities.

“search” applies in that section

the term “search” means to review, manually or by automated means, agency records for the purpose of locating those records which are responsive to a request. (E) An agency, or part of an agency, that is an element of the intelligence community (as that term is defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) )) 1 shall not make any record available under this paragraph to— (i) any government entity, other than a State, territory, commonwealth, or district of the United States, or any subdivision thereof; or (ii) a representative of a government entity described in clause (i).

“agency” applies in that section

the term “agency” means agency as defined in section 552(e) 1 of this title;

“Federal benefit program” applies in that section

the term “Federal benefit program” means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals; and;

“Federal personnel” applies in that section

the term “Federal personnel” means officers and employees of the Government of the United States, members of the uniformed services (including members of the Reserve Components), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States (including survivor benefits).

“individual” applies in that section

the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence;

“maintain” applies in that section

the term “maintain” includes maintain, collect, use, or disseminate;

“matching program” applies in that section

the term “matching program”— (A) means any computerized comparison of— (i) two or more automated systems of records or a system of records with non-Federal records for the purpose of— (I) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or (II) recouping payments or delinquent debts under such Federal benefit programs, or (ii) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records …

“non-Federal agency” applies in that section

the term “non-Federal agency” means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program;

“recipient agency” applies in that section

the term “recipient agency” means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program;

“record” applies in that section

the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;

“routine use” applies in that section

the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected;

“source agency” applies in that section

the term “source agency” means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program;

“statistical record” applies in that section

the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ;

“system of records” applies in that section

the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;

“agency” applies in that section

the term “agency” means any agency, as defined in section 552(e) 1 of this title, headed by a collegial body composed of two or more individual members, a majority of whom are appointed to such position by the President with the advice and consent of the Senate, and any subdivision thereof authorized to act on behalf of the agency;

“meeting” applies in that section

the term “meeting” means the deliberations of at least the number of individual agency members required to take action on behalf of the agency where such deliberations determine or result in the joint conduct or disposition of official agency business, but does not include deliberations required or permitted by subsection (d) or (e); and;

“member” applies in that section

the term “member” means an individual who belongs to a collegial body heading an agency. (b) Members shall not jointly conduct or dispose of agency business other than in accordance with this section. Except as provided in subsection (c), every portion of every meeting of an agency shall be open to public observation.

“agency” applies throughout its chapter

the term “agency” means an agency as defined in section 551(1) of this title ;

“collection of information” applies throughout its chapter

the term “collection of information”— (A) means the obtaining, causing to be obtained, soliciting, or requiring the disclosure to third parties or the public, of facts or opinions by or for an agency, regardless of form or format, calling for either— (i) answers to identical questions posed to, or identical reporting or recordkeeping requirements imposed on, 10 or more persons, other than agencies, instrumentalities, or employees of the United States; or (ii) answers to questions posed to agencies, instrumentalities, or employees of the United States which are to be used for general statistical purposes; and (B) shall not include a collection of information described under section …

“recordkeeping requirement” applies throughout its chapter

The term “recordkeeping requirement” means a requirement imposed by an agency on persons to maintain specified records.

“rule” applies throughout its chapter

the term “rule” means any rule for which the agency publishes a general notice of proposed rulemaking pursuant to section 553(b) of this title , or any other law, including any rule of general applicability governing Federal grants to State and local governments for which the agency provides an opportunity for notice and public comment, except that the term “rule” does not include a rule of particular applicability relating to rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or …

“small business” applies throughout its chapter

the term “small business” has the same meaning as the term “small business concern” under section 3 of the Small Business Act, unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register;

“small governmental jurisdiction” applies throughout its chapter

the term “small governmental jurisdiction” means governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand, unless an agency establishes, after opportunity for public comment, one or more definitions of such term which are appropriate to the activities of the agency and which are based on such factors as location in rural or sparsely populated areas or limited revenues due to the population of such jurisdiction, and publishes such definition(s) in the Federal Register; (6) the term “small entity” shall have the same meaning as the terms “small business”, “small organization” and “small governmental …

“small organization” applies throughout its chapter

the term “small organization” means any not-for-profit enterprise which is independently owned and operated and is not dominant in its field, unless an agency establishes, after opportunity for public comment, one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register;

“covered agency” applies in that section

the term “covered agency” means— (1) the Environmental Protection Agency; (2) the Consumer Financial Protection Bureau of the Federal Reserve System; and (3) the Occupational Safety and Health Administration of the Department of Labor.

“joint resolution” applies in that section

the term “joint resolution” means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: “That Congress disapproves the rule submitted by the __ relating to __, and such rule shall have no force or effect.” (The blank spaces being appropriately filled in). (b) (1) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction.

“submission or publication date” applies in that section

the term “submission or publication date” means the later of the date on which— (A) the Congress receives the report submitted under section 801(a)(1); or (B) the rule is published in the Federal Register, if so published.

“deadline” applies in that section

The term “deadline” means any date certain for fulfilling any obligation or exercising any authority established by or under any Federal statute or regulation, or by or under any court order implementing any Federal statute or regulation.

“Federal agency” applies throughout its chapter

The term “Federal agency” means any agency as that term is defined in section 551(1).;

“major rule” applies throughout its chapter

The term “major rule” means any rule that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in— (A) an annual effect on the economy of $100,000,000 or more; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.

“rule” applies throughout its chapter

The term “rule” has the meaning given such term in section 551, except that such term does not include— (A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefor, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing; (B) any rule relating to agency management or personnel; or (C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.

“Administrator” applies throughout its chapter

The term “Administrator” means the Administrator of General Services. (2) Advisory committee.— (A) In general .—

“advisory committee” applies throughout its chapter

The term “advisory committee” means a committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as “committee”) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Government and that is— (i) established by statute or reorganization plan; (ii) established or utilized by the President; or (iii) established or utilized by one or more agencies.

“agency” applies in that section

The term “agency” has the meaning given the term in section 551 of this title . (4) Presidential advisory committee .—

“Presidential advisory committee” applies in that section

The term “Presidential advisory committee” means an advisory committee that advises the President.

“agency proceeding” applies in that section

the term “agency proceeding” has the meaning given the term in section 551 of this title . (b) Availability .— Agencies and advisory committees shall make available to any person, at actual cost of duplication, copies of transcripts of any agency proceeding or advisory committee meeting.

“new employee” applies in that section

the term “new employee” means an individual— (i) appointed to a position as an employee on or after the date of enactment of this subsection; and (ii) who has not previously served as an employee; and;

“veterans’ preference requirement” applies in that section

the term “veterans’ preference requirement” means any of the following provisions of law: (A) Sections 2108, 3305(b), 3309, 3310, 3311, 3312, 3313, 3314, 3315, 3316, 3317(b), 3318, 3320, 3351, 3352, 3363, 3501, 3502(b), 3504, and 4303(e) and (with respect to a preference eligible referred to in section 7511(a)(1)(B)) subchapter II of chapter 75 and section 7701. (B) Sections 943(c)(2) and 1784(c) of title 10. (C) Section 1308(b) of the Alaska National Interest Lands Conservation Act. (D) Section 301(c) of the Foreign Service Act of 1980. (E) Sections 106(f), 2 7281(e), and 7802(5) 2 of title 38. (F) Section 1005(a) of title 39 .

“whistleblower protections” applies in that section

the term “whistleblower protections” means the protections against and remedies for a prohibited personnel practice described in paragraph (8) or subparagraph (A)(i), (B), (C), or (D) of paragraph (9) of subsection (b).

“agency” applies in that section

the term “agency” shall include the Architect of the Capitol. With respect to the Architect of the Capitol, the authority granted to the Office of Personnel Management under this section shall be exercised by the Architect of the Capitol. (2) In this section,

“agency” applies in that section

the term “agency” means an Executive agency.

“intern” applies in that section

the term “intern” means an individual participating in an internship program; and;

“internship program” applies in that section

the term “internship program” means— (A) a volunteer service program under section 3111(b); (B) an internship program established under Executive Order 13562, dated December 27, 2010 (75 Federal Register 82585); (C) a program operated by a nongovernment organization for the purpose of providing paid internships in agencies under a written agreement that is similar to an internship program established under Executive Order 13562, dated December 27, 2010 (75 Federal Register 82585); or (D) a program that— (i) is similar to an internship program established under Executive Order 13562, dated December 27, 2010 (75 Federal Register 82585); and (ii) is authorized under another statutory provision …

“Commission” applies in that section

the term “Commission” means the Securities and Exchange Commission.

“Director” applies in that section

The term “Director” means the Director of the Office of Personnel Management. (2) Institution of higher education .—

“institution of higher education” applies in that section

The term “institution of higher education” has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (b) Appointment.— (1) In general .— The head of an agency may appoint, without regard to any provision of sections 3309 through 3319 and 3330, a qualified individual to a position in the competitive service classified in a professional or administrative occupational category at the GS–11 level, or an equivalent level, or below. (2) Restrictions .— An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.

“Director” applies in that section

The term “Director” means the Director of the Office of Personnel Management. (2) Institution of higher education .—

“institution of higher education” applies in that section

The term “institution of higher education” has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (3) Student .—

“student” applies in that section

The term “student” means an individual enrolled or accepted for enrollment in an institution of higher education who is pursuing a baccalaureate or graduate degree on at least a part-time basis as determined by the institution of higher education. (b) Appointment.— (1) In general .— The head of an agency may make a time-limited appointment of a student, without regard to any provision of sections 3309 through 3319 and 3330, to a position in the competitive service at the GS–11 level, or an equivalent level, or below for which the student is qualified. (2) Restrictions .— An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.

“basic pay” applies in that section

the term “basic pay” includes locality pay provided for under section 5304 of this title . (e) Travel Expenses .— An employee of a temporary organization, whether employed on a full-time or part-time basis, may be allowed travel and transportation expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of this title, while traveling away from the employee’s regular place of business in the performance of services for the temporary organization. (f) Benefits .— An employee appointed under subsection (b) shall be afforded the same benefits and entitlements as are provided temporary employees under this title.

“temporary organization” applies throughout its subchapter

the term “temporary organization” means a commission, committee, board, or other organization that— (1) is established by law or Executive order for a specific period not in excess of three years for the purpose of performing a specific study or other project; and (2) is terminated upon the completion of the study or project or upon the occurrence of a condition related to the completion of the study or project.

“agency” applies in that section

The term “agency” means an Executive agency. (2) Director .—

“Department” applies in that section

the term “Department” means the Department of Defense; and;

“Director” applies in that section

The term “Director” means the Director of the Office. (3) Examination .—

“examination” applies in that section

The term “examination” means the process by which an applicant demonstrates knowledge, skills, abilities, and competencies. (4) Examining agency .—

“examining agency” applies in that section

The term “examining agency” means— (A) the Office; or (B) an agency to which the Director has delegated examining authority under section 1104(a)(2). (5) Office .—

“Office” applies in that section

The term “Office” means the Office of Personnel Management. (6) Passing score .—

“passing score” applies in that section

The term “passing score” means a minimum acceptable score or rating, consistent with applicable law, that may include a quantitative or qualitative assessment that an applicant can pass or fail. (7) Relevant committees .—

“relevant committees” applies in that section

The term “relevant committees” means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Accountability of the House of Representatives. (8) Subject matter expert .—

“subject matter expert” applies in that section

The term “subject matter expert” means an employee or selecting official— (A) who possesses an understanding of the duties of, and knowledge, skills, and abilities required for, the position for which the employee or selecting official is developing or administering an examination; and (B) whom the delegated examining unit of the examining agency that employs the employee or selecting official designates to assist in the development and administration of technical assessments. (9) Technical assessment .—

“technical assessment” applies in that section

The term “technical assessment” means a position-specific tool that is relevant to the position for which the tool is developed that— (A) allows for the demonstration of job-related skills, abilities, knowledge, and competencies; (B) is based upon a job analysis; and (C) does not solely include or principally rely upon a self-assessment from an automated examination.

“technician” applies in that section

the term “technician” has the meaning given such term by section 8337(h)(1) of this title . (2) Notwithstanding a contrary provision of this title or of the rules and regulations prescribed under this title for the administration of the competitive service, an individual who served for at least 3 years as a technician acquires a competitive status for transfer to the competitive service if such individual— (A) is involuntarily separated from service as a technician other than by removal for cause on charges of misconduct or delinquency; (B) passes a suitable noncompetitive examination; and (C) transfers to the competitive service within 1 year after separating from service as a technician.

“time-limited appointment” applies in that section

the term “time-limited appointment” means a temporary or term appointment in the competitive service. (2) Eligibility .— Notwithstanding any other provision of this chapter or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of the Department serving under a time-limited appointment is eligible to compete for a permanent appointment in the competitive service when the Department is accepting applications from individuals within its own workforce, or from individuals outside its own workforce, under merit promotion procedures, if— (A) the employee was appointed initially under open, competitive …

“agency” applies in that section

the term “agency” means the Department of Defense or a military department; and;

“head of the agency” applies in that section

the term “head of the agency” means— (I) in the case of the Department of Defense, the Secretary of Defense; and (II) in the case of a military department, the Secretary of such military department. (f) The Secretary of Energy may determine and fix the maximum age limit for an original appointment to a position as a nuclear materials courier, as defined by section 8331(27) or 8401(33). (g) The Secretary of Homeland Security may determine and fix the maximum age limit for an original appointment to a position as a customs and border protection officer, as defined by section 8401(36).

“Director” applies in that section

the term “Director” means the Director of the Office of Personnel Management.

“Director” applies in that section

the term “Director” means the Director of the Office of Personnel Management.

“personnel investigation” applies in that section

the term “personnel investigation” includes— (1) an investigation by an Inspector General; and (2) an adverse personnel action as a result of performance, misconduct, or for such cause as will promote the efficiency of the service under chapter 43 or chapter 75.

“military reserve technician” applies in that section

the term “military reserve technician” has the meaning given the term “military technician (dual status)” by section 8401(30). (b) The Secretary of Defense shall take such steps as may be necessary to ensure that, except as provided in subsection (d), any military reserve technician who is involuntarily separated from technician service, after completing at least 15 years of such service and 20 years of service creditable under section 12732 of title 10 , by reason of ceasing to satisfy the condition described in section 8401(30)(B) 1 shall, if appropriate written application is submitted within 1 year after the date of separation, be provided placement consideration in a position described …

“agency” applies in that section

the term “agency” means an Executive agency, excluding the Government Accountability Office and any agency (or unit thereof) whose principal function is the conduct of foreign intelligence or counterintelligence activities, as determined by the President. (b) The Office of Personnel Management shall establish and keep current a comprehensive list of all announcements of vacant positions in the competitive service within each agency that are to be filled by appointment for more than one year and for which applications are being (or will soon be) accepted from outside the agency’s work force.

“active duty” applies in that section

The term “active duty”— (A) has the meaning given that term in section 101(d)(1) of title 10 ; (B) includes full-time National Guard duty (as defined in section 101(d)(5) of title 10 ); and (C) for a member of a reserve component (as described in section 10101 of title 10 ), does not include training duties or attendance at a service school.;

“agency” applies in that section

The term “agency”— (A) has the meaning given the term “Executive agency” in section 105 of this title ; and (B) does not include the Government Accountability Office.;

“covered spouse” applies in that section

The term “covered spouse” means an individual who is married to an individual who— (A) (i) is an employee of the Department of State or an element of the intelligence community; or (ii) is a member of the Armed Forces who is assigned to an element of the intelligence community; and (B) is transferred in the interest of the Government from one official station within the applicable agency to another within the agency (that is outside of normal commuting distance) for permanent duty.;

“intelligence community” applies in that section

The term “intelligence community” has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (5) The term “remote work” refers to a work flexibility arrangement under which an employee— (A) is not expected to physically report to the location from which the employee would otherwise work, considering the position of the employee; and (B) performs the duties and responsibilities of such employee’s position, and other authorized activities, from an approved worksite— (i) other than the location from which the employee would otherwise work; (ii) that may be inside or outside the local commuting area of the location from which the employee would …

“spouse of a disabled or deceased member of the Armed Forces” applies in that section

The term “spouse of a disabled or deceased member of the Armed Forces” means an individual— (A) who is married to a member of the Armed Forces who— (i) is retired, released, or discharged from the Armed Forces; and (ii) on the date on which the member retires, is released, or is discharged, has a disability rating of 100 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; or (B) who— (i) was married to a member of the Armed Forces on the date on which the member dies while on active duty in the Armed Forces; and (ii) has not remarried.;

“spouse of an employee of the Department of Defense” applies in that section

The term “spouse of an employee of the Department of Defense” means an individual who is married to an employee of the Department of Defense who is transferred in the interest of the Government from one official station within the Department to another within the Department (that is outside of normal commuting distance) for permanent duty.;

“telework” applies in that section

The term “telework” has the meaning given the term in section 6501. (b) Appointment Authority .— The head of an agency may appoint noncompetitively— (1) a spouse of a member of the Armed Forces on active duty; (2) a spouse of a disabled or deceased member of the Armed Forces; (3) a spouse of a member of the Armed Forces on active duty, or a spouse of a disabled or deceased member of the Armed Forces, to a position in which the spouse will engage in remote work; (4) a spouse of an employee of the Department of Defense, including to a position in which the spouse will engage in remote work; or (5) a covered spouse to a position in which the covered spouse will engage in remote work.

“former Government employee” applies in that section

the term “former Government employee” means an individual whose most recent position with the Government prior to becoming a candidate as described under subsection (a) was within the competitive service or the excepted service. (c) The Office of Personnel Management shall prescribe regulations to carry out the purpose of this section. Such regulations may not contain provisions that would increase the time required for agency hiring actions.

“agency” applies in that section

The term “agency” means— (A) any Executive agency, the United States Postal Service, and the Postal Regulatory Commission; (B) the Architect of the Capitol, the Government Accountability Office, the Government Publishing Office, and the Library of Congress; and (C) the Executive Office of the President and any component within that Office (including any successor component), including— (i) the Council of Economic Advisors; (ii) the Council on Environmental Quality; (iii) the National Security Council; (iv) the Office of the Vice President; (v) the Office of Policy Development; (vi) the Office of Administration; (vii) the Office of Management and Budget; (viii) the Office of the United …

“appointee” applies in that section

The term “appointee”— (A) means an individual serving in a policy and supporting position; and (B) includes an individual serving in such a position temporarily in an acting capacity in accordance with— (i) sections 3345 through 3349d (commonly referred to as the “Federal Vacancies Reform Act of 1998”); (ii) any other statutory provision described in section 3347(a)(1); or (iii) a Presidential appointment described in section 3347(a)(2). (3) Covered website .—

“covered website” applies in that section

The term “covered website” means the website established and maintained by the Director under subsection (b). (4) Director .—

“Director” applies in that section

The term “Director” means the Director of the Office of Personnel Management. (5) Policy and supporting position .—

“policy and supporting position” applies in that section

The term “policy and supporting position”— (A) means any position at an agency, as determined by the Director, that, but for this section and section 2(b)(3) of the PLUM Act of 2022, would be included in the publication entitled “United States Government Policy and Supporting Positions”, (commonly referred to as the “Plum Book”); and (B) may include— (i) a position on any level of the Executive Schedule under subchapter II of chapter 53, or another position with an equivalent rate of pay; (ii) a general position (as defined in section 3132(a)(9)) in the Senior Executive service; (iii) a position in the Senior Foreign Service; (iv) a position of a confidential or policy-determining character …

“base closure law” applies in that section

the term “base closure law” has the meaning given such term in section 101(a)(17) of title 10 .

“action” applies in that section

the term “action” includes any agency action as defined under section 551(13); and;

“function or duty” applies in that section

the term “function or duty” means any function or duty of the applicable office that— (A) (i) is established by statute; and (ii) is required by statute to be performed by the applicable officer (and only that officer); or (B) (i) (I) is established by regulation; and (II) is required by such regulation to be performed by the applicable officer (and only that officer); and (ii) includes a function or duty to which clause (i)(I) and (II) applies, and the applicable regulation is in effect at any time during the 180-day period preceding the date on which the vacancy occurs.

“transitional inauguration day” applies in that section

the term “transitional inauguration day” means the date on which any person swears or affirms the oath of office as President, if such person is not the President on the date preceding the date of swearing or affirming such oath of office. (b) With respect to any vacancy that exists during the 60-day period beginning on a transitional inauguration day, the 210-day period under section 3346 or 3348 shall be deemed to begin on the later of the date occurring— (1) 90 days after such transitional inauguration day; or (2) 90 days after the date on which the vacancy occurs.

“employment” applies in that section

The term “employment”— (1) in subsection (b) includes employment under a personal services contract (or other direct contract) with the United States Government (other than an entity in the legislative branch); and (2) in subsection (c) does not include employment under such a contract.

“agency” applies throughout its chapter

the term “agency” means an Executive agency, but does not include the Government Accountability Office; and;

“detail” applies throughout its chapter

the term “detail” means— (A) the assignment or loan of an employee of an agency to a private sector organization without a change of position from the agency that employs the individual, or (B) the assignment or loan of an employee of a private sector organization to an agency without a change of position from the private sector organization that employs the individual, whichever is appropriate in the context in which such term is used.

“small business concern” applies in that section

the term “small business concern” means a business concern that satisfies the definitions and standards specified by the Administrator of the Small Business Administration under section 3(a)(2) of the Small Business Act (as from time to time amended by the Administrator); (B) the term “year” refers to the 12-month period beginning on the date of the enactment of this chapter, and each succeeding 12-month period in which any assignments under this chapter may be made; and (C) the assignments “made” in a year are those commencing in such year.

“Office of the Chief Technology Officer” applies in that section

the term “Office of the Chief Technology Officer” means the office established in the executive branch of the government of the District of Columbia under the Office of the Chief Technology Officer Establishment Act of 1998 (sec. 1–1401 et seq., D.C. Official Code).

“United States” applies in that section

the term “United States” means each of the several States of the United States, the District of Columbia, and the territories and possessions of the United States.

“agency” applies in that section

the term “agency” means any entity the employees of which are covered under paragraphs (8) and (9) of section 2302(b), without regard to whether any other provision of this section is applicable to the entity;

“prohibited personnel practice” applies in that section

the term “prohibited personnel practice” has the meaning given the term in section 2302(a)(1);

“supervisory employee” applies in that section

the term “supervisory employee” means an employee who would be a supervisor, as defined in section 7103(a), if the agency employing the employee was an agency for purposes of chapter 71; and;

“whistleblower” applies in that section

the term “whistleblower” means an employee who makes a disclosure described in section 2302(b)(8). (c) 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 …

“senior career employee” applies in that section

the term “senior career employee” means an individual appointed to a position classified above GS–15 and paid under section 5376 who is not serving— (1) under a time-limited appointment; or (2) in a position that is excepted from the competitive service because of its confidential or policy-making character. (b) Each agency employing senior career employees shall submit annually to the Office of Personnel Management recommendations of senior career employees in the agency to be awarded the rank of Meritorious Senior Professional or Distinguished Senior Professional, which may be awarded by the President for sustained accomplishment or sustained extraordinary accomplishment, respectively.

“agency” applies throughout its subchapter

the term “agency” means any Executive agency. (b) A cash award under this subchapter is in addition to the regular pay of the recipient. Acceptance of a cash award under this subchapter 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.

“law enforcement officer” applies throughout its subchapter

the term “law enforcement officer” means— (1) a law enforcement officer within the meaning of section 5541(3) and to whom the provisions of chapter 51 apply; (2) a member of the United States Secret Service Uniformed Division; (3) a member of the United States Park Police; (4) a special agent in the Diplomatic Security Service; (5) a probation officer (referred to in section 3672 of title 18 ); and (6) a pretrial services officer (referred to in section 3153 of title 18 ).