---
kind: "section"
citation: "5 U.S.C. § 3521"
title: "5"
title_heading: "Government Organization and Employees"
number: "3521"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3521"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 35 — Retention Preference, Voluntary Separation Incentive Payments, Restoration, and Reemployment"
  - "Subchapter II — Voluntary Separation Incentive Payments"
---

# §3521. Definitions


In this subchapter, the term—

- (1) “agency” means an [Executive agency](/usc/5/6501.md?p=2) as defined under [section 105](/usc/5/105.md) (other than the [Government](/usc/5/4101.md?p=3) Accountability [Office](/usc/5/5402.md?p=3)); and
- (2) “[employee](/usc/5/4701.md?p=a-2)”—
  - (A) means an [employee](/usc/5/4701.md?p=a-2) as defined under [section 2105](/usc/5/2105.md) employed by an [agency](#1) and an individual employed by a county committee established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act ([16 U.S.C. 590h(b)(5)](/usc/16/590h.md?p=b-5)) who—
    - (i) is serving under an appointment without time limitation; and
    - (ii) has been currently employed for a continuous period of at least 3 years; and
  - (B) shall not include—
    - (i) a reemployed [annuitant](/usc/5/8401.md?p=2) under subchapter III of chapter [83](/usc/5/chptIII/sptG/ch83.md) or [84](/usc/5/chptIII/sptG/ch84.md) or another retirement [system](/usc/5/8401.md?p=29) for [employees](/usc/5/4701.md?p=a-2) of the [Government](/usc/5/4101.md?p=3);
    - (ii) an [employee](/usc/5/4701.md?p=a-2) having a disability on the basis of which such [employee](/usc/5/4701.md?p=a-2) is or would be [eligible](/usc/5/4701.md?p=a-3) for disability retirement under subchapter III of chapter [83](/usc/5/chptIII/sptG/ch83.md) or [84](/usc/5/chptIII/sptG/ch84.md) or another retirement [system](/usc/5/8401.md?p=29) for [employees](/usc/5/4701.md?p=a-2) of the [Government](/usc/5/4101.md?p=3);
    - (iii) an [employee](/usc/5/4701.md?p=a-2) who is in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance;
    - (iv) an [employee](/usc/5/4701.md?p=a-2) who has previously received any voluntary separation incentive payment from the Federal [Government](/usc/5/4101.md?p=3) under this subchapter or any other [authority](/usc/5/7103.md?p=a-6);
    - (v) an [employee](/usc/5/4701.md?p=a-2) covered by statutory reemployment rights who is on transfer employment with another organization; or
    - (vi) any [employee](/usc/5/4701.md?p=a-2) who—
      - (I) during the 36-month period preceding the date of separation of that [employee](/usc/5/4701.md?p=a-2), performed [service](/usc/5/8401.md?p=26) for which a student loan repayment benefit was or is to be paid under [section 5379](/usc/5/5379.md);
      - (II) during the 24-month period preceding the date of separation of that [employee](/usc/5/4701.md?p=a-2), performed [service](/usc/5/8401.md?p=26) for which a recruitment or relocation bonus was or is to be paid under [section 5753](/usc/5/5753.md); or
      - (III) during the 12-month period preceding the date of separation of that [employee](/usc/5/4701.md?p=a-2), performed [service](/usc/5/8401.md?p=26) for which a retention bonus was or is to be paid under section 5754.

## Source credit

(Added Pub. L. 107–296, title XIII, § 1313(a)(1)(A), Nov. 25, 2002, 116 Stat. 2291; amended Pub. L. 112–74, div. G, title I, § 1401(b), Dec. 23, 2011, 125 Stat. 1134.)

## Notes

### Editorial Notes

### Amendments

2011—Par. (1). Pub. L. 112–74 substituted “section 105 (other than the Government Accountability Office)” for “section 105”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2011 Amendment

Amendment by Pub. L. 112–74 applicable to voluntary separation incentive payments made during fiscal year 2012 or any succeeding fiscal year, see section 1401(c) of Pub. L. 112–74, set out as a note under section 4505 of Title 2, The Congress.

### Effective Date

Pub. L. 107–296, title XIII, § 1313(a)(4), Nov. 25, 2002, 116 Stat. 2294, provided that: “This subsection [enacting this subchapter and provisions set out as notes under this section] shall take effect 60 days after the date of enactment of this Act [Nov. 25, 2002].”

### Smithsonian Institution Employees

Pub. L. 108–72, § 5, Aug. 15, 2003, 117 Stat. 889, provided that: “The Secretary of the Smithsonian Institution may establish a program for making voluntary separation incentive payments for employees of the Smithsonian Institution which is substantially similar to the program established under subchapter II of chapter 35 of title 5, United States Code (as added by section 1313(a) of the Homeland Security Act of 2002 [Pub. L. 107–296]).”

### Judicial Branch Employees

Pub. L. 107–296, title XIII, § 1313(a)(2), Nov. 25, 2002, 116 Stat. 2294, provided that: “The Director of the Administrative Office of the United States Courts may, by regulation, establish a program substantially similar to the program established under paragraph (1) [enacting this subchapter] for individuals serving in the judicial branch.”

### Continuation of Other Authority

Pub. L. 107–296, title XIII, § 1313(a)(3), Nov. 25, 2002, 116 Stat. 2294, provided that: “Any agency exercising any voluntary separation incentive authority in effect on the effective date of this subsection [see Effective Date note above] may continue to offer voluntary separation incentives consistent with that authority until that authority expires.”

### Sense of Congress

Pub. L. 107–296, title XIII, § 1313(c), Nov. 25, 2002, 116 Stat. 2296, provided that: “It is the sense of Congress that the implementation of this section [enacting this subchapter, amending sections 8336 and 8414 of this title, enacting provisions set out as notes under this section and section 8336 of this title, and repealing provisions set out as notes under sections 8336 and 8414 of this title] is intended to reshape the Federal workforce and not downsize the Federal workforce.”