5 U.S.C. § 9901 — Definitions

Page 1310 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 9901 paid under authorities other than this chapter and excluding the authorities provided in sec- tions 5753 and 5754 of this title, during the pre- ceding fiscal year. Such summary shall in- clude, for each type of bonus, the total amount of bonuses paid, the total number of bonuses paid, the percentage of the amount of bonuses awarded to supervisors and management offi- cials, and the average percentage used to cal- culate the total average bonus amount. (Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 475.) Editorial Notes REFERENCES IN TEXT The date of enactment of this chapter, referred to in introductory provisions, is the date of enactment of Pub. L. 108–201, which was approved Feb. 24, 2004. CHAPTER 99—DEPARTMENT OF DEFENSE PERSONNEL AUTHORITIES Sec. 9901. Definitions. 9902. Department of Defense personnel authorities. 9903. Attracting highly qualified experts. 9904. Special pay and benefits for certain employ- ees outside the United States. 9905. Direct hire authority for certain personnel of the Department of Defense. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title XI, § 1101(b), Aug. 13, 2018, 132 Stat. 2000, added item 9905. 2011—Pub. L. 112–81, div. A, title XI, § 1101(d)(1), Dec. 31, 2011, 125 Stat. 1610, amended chapter heading gen- erally, substituting ‘‘DEPARTMENT OF DEFENSE PERSONNEL AUTHORITIES’’ for ‘‘DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYS- TEM’’. 2009—Pub. L. 111–84, div. A, title XI, § 1113(f)(2), Oct. 28, 2009, 123 Stat. 2502, added item 9902 and struck out former item 9902 ‘‘Establishment of human resources management system’’. § 9901. Definitions For purposes of this chapter— (1) the term ‘‘Director’’ means the Director of the Office of Personnel Management; and (2) the term ‘‘Secretary’’ means the Sec- retary of Defense. (Added Pub. L. 108–136, div. A, title XI, § 1101(a)(1), Nov. 24, 2003, 117 Stat. 1621.) Statutory Notes and Related Subsidiaries IMPACT ON DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL Pub. L. 108–136, div. A, title XI, § 1101(b), Nov. 24, 2003, 117 Stat. 1633, provided that: ‘‘(1) Any exercise of authority under chapter 99 of such title [this chapter] (as added by subsection (a)), in- cluding under any system established under such chap- ter, shall be in conformance with the requirements of this subsection. ‘‘(2) No other provision of this Act [see Tables for classification] or of any amendment made by this Act may be construed or applied in a manner so as to limit, supersede, or otherwise affect the provisions of this sec- tion [enacting this chapter], except to the extent that it does so by specific reference to this section.’’ § 9902. Department of Defense personnel authori- ties (a) PERFORMANCE MANAGEMENT AND WORK- FORCE INCENTIVES.—(1) The Secretary, in coordi- nation with the Director, shall promulgate regu- lations providing for the following: (A) A fair, credible, and transparent per- formance appraisal system for employees. (B) A fair, credible, and transparent system for linking employee bonuses and other per- formance-based actions to performance ap- praisals of employees. (C) A process for ensuring ongoing perform- ance feedback and dialogue among super- visors, managers, and employees throughout the appraisal period and setting timetables for review. (D) Development of attractive career paths. (E) Development of ‘‘performance assistance plans’’ that are designed to give employees formal training, on-the-job training, coun- seling, mentoring, and other assistance. (2) In developing the regulations required by this subsection, the Secretary, in coordination with the Director, may waive the requirements of chapter 43 (other than sections 4302 and 4303(e)) and the regulations implementing such chapter, to the extent necessary to achieve the objectives of this subsection. (3)(A) The Secretary may establish a fund, to be known as the ‘‘Department of Defense Civil- ian Workforce Incentive Fund’’ (in this para- graph referred to as the ‘‘Fund’’). (B) The Fund shall consist of the following: (i) Amounts appropriated to the Fund. (ii) Amounts available for compensation of employees that are transferred to the Fund. (C) Amounts in the Fund shall be available for the following: (i) Incentive payments for employees based on team or individual performance (which pay- ments shall be in addition to basic pay). (ii) Incentive payments to attract or retain employees with particular or superior quali- fications or abilities. (D) The authority provided in this paragraph is in addition to, and does not supersede or re- place, any authority or source of funding other- wise available to the Secretary to pay bonuses or make incentive payments to civilian employ- ees of the Department. (4)(A) Any action taken by the Secretary under this subsection, or to implement this sub- section, shall be subject to the requirements of subsection (c) and chapter 71. (B) Any rules or regulations promulgated pur- suant to this subsection shall be deemed an agency rule or regulation under section 7117(a)(2), and shall not be deemed a Govern- ment-wide rule or regulation under section 7117(a)(1). (b) FLEXIBILITIES RELATING TO APPOINT- MENTS.—(1) The Secretary, in coordination with the Director, shall promulgate regulations to re- design the procedures which are applied by the Department of Defense in making appointments to positions within the competitive service in order to— (A) better meet mission needs;