§4701. Definitions — Inbound Citations

Citations to §4701(a)(2)

• 5 U.S.C. § 2105(a)

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  (a) For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically modified, means an officer and an individual who is—

  (1) appointed in the civil service by one of the following acting in an official capacity—

  (A) the President;

  (B) a Member or Members of Congress, or the Congress;

  (C) a member of a uniformed service;

  (D) an individual who is an employee under this section;

  (E) the head of a Government controlled corporation; or

  (F) an adjutant general designated by the Secretary concerned under section 709(c) of title 32;

  (2) engaged in the performance of a Federal function under authority of law or an Executive act; and

  (3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position.
• 5 U.S.C. § 2105(a)(1)(D)

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  (D) an individual who is an employee under this section;
• 5 U.S.C. § 2105(b)

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  (b) An individual who is employed at the United States Naval Academy in the midshipmen’s laundry, the midshipmen’s tailor shop, the midshipmen’s cobbler and barber shops, and the midshipmen’s store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee.
• 5 U.S.C. § 2105(c)

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  (c) An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Navy Ships Stores Program, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an employee for the purpose of—

  (1) laws administered by the Office of Personnel Management, except—

  (A) section 7204;

  (B) as otherwise specifically provided in this title;

  (C) the Fair Labor Standards Act of 1938;

  (D) for the purpose of entering into an interchange agreement to provide for the noncompetitive movement of employees between such instrumentalities and the competitive service; or

  (E) subchapter V of chapter 63, which shall be applied so as to construe references to benefit programs to refer to applicable programs for employees paid from nonappropriated funds; or

  (2) subchapter I of chapter 81, chapter 84 (except to the extent specifically provided therein), and section 7902 of this title.

  This subsection does not affect the status of these nonappropriated fund activities as Federal instrumentalities.
• 5 U.S.C. § 2105(c)(1)(D)

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  (D) for the purpose of entering into an interchange agreement to provide for the noncompetitive movement of employees between such instrumentalities and the competitive service; or
• 5 U.S.C. § 2105(c)(1)(E)

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  (E) subchapter V of chapter 63, which shall be applied so as to construe references to benefit programs to refer to applicable programs for employees paid from nonappropriated funds; or
• 5 U.S.C. § 2105(d)

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  (d) A Reserve of the armed forces who is not on active duty or who is on active duty for training is deemed not an employee or an individual holding an office of trust or profit or discharging an official function under or in connection with the United States because of his appointment, oath, or status, or any duties or functions performed or pay or allowances received in that capacity.
• 5 U.S.C. § 2105(e)

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  (e) Except as otherwise provided by law, an employee of the United States Postal Service or of the Postal Regulatory Commission is deemed not an employee for purposes of this title.
• 5 U.S.C. § 2105(f)

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  (f) For purposes of sections 1212, 1213, 1214, 1215, 1216, 1221, 1222, 2302, and 7701, employees appointed under chapter 73 or 74 of title 38 shall be employees.
• 5 U.S.C. § 2107(1)

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  (1) an employee of either House of Congress, of a committee of either House, or of a joint committee of the two Houses;
• 5 U.S.C. § 2107(3)

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  (3) the Legislative Counsel of either House and an employee of his office;
• 5 U.S.C. § 2107(4)

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  (4) a member or employee of the Capitol Police;
• 5 U.S.C. § 2107(5)

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  (5) an employee of a Member of Congress if the pay of the employee is paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives;
• 5 U.S.C. § 2107(7)

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  (7) the Architect of the Capitol and an employee of the Architect of the Capitol;
• 5 U.S.C. § 2107(8)

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  (8) an employee of the Botanic Garden; and
• 5 U.S.C. § 2107(9)

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  (9) an employee of the Office of Congressional Accessibility Services.
• 5 U.S.C. § 2109(1)

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  (1) “air traffic controller” or “controller” means a civilian employee of the Department of Transportation or the Department of Defense who, in an air traffic control facility or flight service station facility—

  (A) is actively engaged—

  (i) in the separation and control of air traffic; or

  (ii) in providing preflight, inflight, or airport advisory service to aircraft operators; or

  (B) is the immediate supervisor of any employee described in subparagraph (A); and
• 5 U.S.C. § 2109(1)(B)

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  (B) is the immediate supervisor of any employee described in subparagraph (A); and
• 5 U.S.C. § 2301(b)(2)

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  (2) All employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights.
• 5 U.S.C. § 2301(b)(4)

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  (4) All employees should maintain high standards of integrity, conduct, and concern for the public interest.
• 5 U.S.C. § 2301(b)(6)

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  (6) Employees should be retained on the basis of the adequacy of their performance, inadequate performance should be corrected, and employees should be separated who cannot or will not improve their performance to meet required standards.
• 5 U.S.C. § 2301(b)(7)

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  (7) Employees should be provided effective education and training in cases in which such education and training would result in better organizational and individual performance.
• 5 U.S.C. § 2301(b)(8)

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  (8) Employees should be—

  (A) protected against arbitrary action, personal favoritism, or coercion for partisan political purposes, and

  (B) prohibited from using their official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for election.
• 5 U.S.C. § 2301(b)(9)

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  (9) Employees should be protected against reprisal for the lawful disclosure of information which the employees reasonably believe evidences—

  (A) a violation of any law, rule, or regulation, or

  (B) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
• 5 U.S.C. § 2302(a)(2)(A)

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  (A) “personnel action” means—

  (i) an appointment;

  (ii) a promotion;

  (iii) an action under chapter 75 of this title or other disciplinary or corrective action;

  (iv) a detail, transfer, or reassignment;

  (v) a reinstatement;

  (vi) a restoration;

  (vii) a reemployment;

  (viii) a performance evaluation under chapter 43 of this title or under title 38;

  (ix) a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph;

  (x) a decision to order psychiatric testing or examination;

  (xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and

  (xii) any other significant change in duties, responsibilities, or working conditions;

  with respect to an employee in, or applicant for, a covered position in an agency, and in the case of an alleged prohibited personnel practice described in subsection (b)(8), an employee or applicant for employment in a Government corporation as defined in section 9101 of title 31;
• 5 U.S.C. § 2302(a)(2)(D)

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  (D) “disclosure” means a formal or informal communication or transmission, but does not include a communication concerning policy decisions that lawfully exercise discretionary authority unless the employee or applicant providing the disclosure reasonably believes that the disclosure evidences—

  (i) any violation of any law, rule, or regulation; or

  (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
• 5 U.S.C. § 2302(b)

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  (b) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority—

  (1) discriminate for or against any employee or applicant for employment—

  (A) on the basis of race, color, religion, sex, or national origin, as prohibited under section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16);

  (B) on the basis of age, as prohibited under sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 631, 633a);

  (C) on the basis of sex, as prohibited under section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d));

  (D) on the basis of handicapping condition, as prohibited under section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791); or

  (E) on the basis of marital status or political affiliation, as prohibited under any law, rule, or regulation;

  (2) solicit or consider any recommendation or statement, oral or written, with respect to any individual who requests or is under consideration for any personnel action unless such recommendation or statement is based on the personal knowledge or records of the person furnishing it and consists of—

  (A) an evaluation of the work performance, ability, aptitude, or general qualifications of such individual; or

  (B) an evaluation of the character, loyalty, or suitability of such individual;

  (3) coerce the political activity of any person (including the providing of any political contribution or service), or take any action against any employee or applicant for employment as a reprisal for the refusal of any person to engage in such political activity;

  (4) deceive or willfully obstruct any person with respect to such person’s right to compete for employment;

  (5) influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employment;

  (6) grant any preference or advantage not authorized by law, rule, or regulation to any employee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or injuring the prospects of any particular person for employment;

  (7) appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position any individual who is a relative (as defined in section 3110(a)(3) of this title) of such employee if such position is in the agency in which such employee is serving as a public official (as defined in section 3110(a)(2) of this title) or over which such employee exercises jurisdiction or control as such an official;

  (8) take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment because of—

  (A) any disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences—

  (i) any violation of any law, rule, or regulation, or

  (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety,

  if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs;

  (B) any disclosure to the Special Counsel, or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee or applicant reasonably believes evidences—

  (i) any violation (other than a violation of this section) of any law, rule, or regulation, or

  (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; or

  (C) any disclosure to Congress (including any committee of Congress) by any employee of an agency or applicant for employment at an agency of information described in subparagraph (B) that is—

  (i) not classified; or

  (ii) if classified—

  (I) has been classified by the head of an agency that is not an element of the intelligence community (as defined by section 3 of the National Security Act of 1947 (50 U.S.C. 3003)); and

  (II) does not reveal intelligence sources and methods.¹

  (9) take or fail to take, or threaten to take or fail to take, any personnel action against any employee or applicant for employment because of—

  (A) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation—

  (i) with regard to remedying a violation of paragraph (8); or

  (ii) other than with regard to remedying a violation of paragraph (8);

  (B) testifying for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A)(i) or (ii);

  (C) cooperating with or disclosing information to the Inspector General (or any other component responsible for internal investigation or review) of an agency, or the Special Counsel, in accordance with applicable provisions of law; or

  (D) refusing to obey an order that would require the individual to violate a law, rule, or regulation;

  (10) discriminate for or against any employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in this paragraph shall prohibit an agency from taking into account in determining suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, of the District of Columbia, or of the United States;

  (A) knowingly take, recommend, or approve any personnel action if the taking of such action would violate a veterans’ preference requirement; or

  (B) knowingly fail to take, recommend, or approve any personnel action if the failure to take such action would violate a veterans’ preference requirement;

  (12) take or fail to take any other personnel action if the taking of or failure to take such action violates any law, rule, or regulation implementing, or directly concerning, the merit system principles contained in section 2301 of this title;

  (13) implement or enforce any nondisclosure policy, form, or agreement, if such policy, form, or agreement—

  (A) does not contain the following statement: “These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General or the Office of Special Counsel of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.”; or

  (B) prohibits or restricts an employee or applicant for employment from disclosing to Congress, the Special Counsel, the Inspector General of an agency, or any other agency component responsible for internal investigation or review any information that relates to any violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or any other whistleblower protection; or

  (14) access the medical record of another employee or an applicant for employment as a part of, or otherwise in furtherance of, any conduct described in paragraphs (1) through (13).

  This subsection shall not be construed to authorize the withholding of information from Congress or the taking of any personnel action against an employee who discloses information to Congress. For purposes of paragraph (8), (i) any presumption relating to the performance of a duty by an employee whose conduct is the subject of a disclosure as defined under subsection (a)(2)(D) may be rebutted by substantial evidence, and (ii) a determination as to whether an employee or applicant reasonably believes that such employee or applicant has disclosed information that evidences any violation of law, rule, regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety shall be made by determining whether a disinterested observer with knowledge of the essential facts known to and readily ascertainable by the employee or applicant could reasonably conclude that the actions of the Government evidence such violations, mismanagement, waste, abuse, or danger.
• 5 U.S.C. § 2302(b)(1)

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  (1) discriminate for or against any employee or applicant for employment—

  (A) on the basis of race, color, religion, sex, or national origin, as prohibited under section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16);

  (B) on the basis of age, as prohibited under sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 631, 633a);

  (C) on the basis of sex, as prohibited under section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d));

  (D) on the basis of handicapping condition, as prohibited under section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791); or

  (E) on the basis of marital status or political affiliation, as prohibited under any law, rule, or regulation;
• 5 U.S.C. § 2302(b)(3)

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  (3) coerce the political activity of any person (including the providing of any political contribution or service), or take any action against any employee or applicant for employment as a reprisal for the refusal of any person to engage in such political activity;
• 5 U.S.C. § 2302(b)(6)

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  (6) grant any preference or advantage not authorized by law, rule, or regulation to any employee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or injuring the prospects of any particular person for employment;
• 5 U.S.C. § 2302(b)(7)

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  (7) appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position any individual who is a relative (as defined in section 3110(a)(3) of this title) of such employee if such position is in the agency in which such employee is serving as a public official (as defined in section 3110(a)(2) of this title) or over which such employee exercises jurisdiction or control as such an official;
• 5 U.S.C. § 2302(b)(8)

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  (8) take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment because of—

  (A) any disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences—

  (i) any violation of any law, rule, or regulation, or

  (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety,

  if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs;

  (B) any disclosure to the Special Counsel, or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee or applicant reasonably believes evidences—

  (i) any violation (other than a violation of this section) of any law, rule, or regulation, or

  (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; or

  (C) any disclosure to Congress (including any committee of Congress) by any employee of an agency or applicant for employment at an agency of information described in subparagraph (B) that is—

  (i) not classified; or

  (ii) if classified—

  (I) has been classified by the head of an agency that is not an element of the intelligence community (as defined by section 3 of the National Security Act of 1947 (50 U.S.C. 3003)); and

  (II) does not reveal intelligence sources and methods.¹
• 5 U.S.C. § 2302(b)(8)(A)

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  (A) any disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences—

  (i) any violation of any law, rule, or regulation, or

  (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety,

  if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs;
• 5 U.S.C. § 2302(b)(8)(B)

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  (B) any disclosure to the Special Counsel, or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee or applicant reasonably believes evidences—

  (i) any violation (other than a violation of this section) of any law, rule, or regulation, or

  (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; or
• 5 U.S.C. § 2302(b)(8)(C)

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  (C) any disclosure to Congress (including any committee of Congress) by any employee of an agency or applicant for employment at an agency of information described in subparagraph (B) that is—

  (i) not classified; or

  (ii) if classified—

  (I) has been classified by the head of an agency that is not an element of the intelligence community (as defined by section 3 of the National Security Act of 1947 (50 U.S.C. 3003)); and

  (II) does not reveal intelligence sources and methods.¹
• 5 U.S.C. § 2302(b)(9)

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  (9) take or fail to take, or threaten to take or fail to take, any personnel action against any employee or applicant for employment because of—

  (A) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation—

  (i) with regard to remedying a violation of paragraph (8); or

  (ii) other than with regard to remedying a violation of paragraph (8);

  (B) testifying for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A)(i) or (ii);

  (C) cooperating with or disclosing information to the Inspector General (or any other component responsible for internal investigation or review) of an agency, or the Special Counsel, in accordance with applicable provisions of law; or

  (D) refusing to obey an order that would require the individual to violate a law, rule, or regulation;
• 5 U.S.C. § 2302(b)(10)

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  (10) discriminate for or against any employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in this paragraph shall prohibit an agency from taking into account in determining suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, of the District of Columbia, or of the United States;
• 5 U.S.C. § 2302(b)(13)(A)

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  (A) does not contain the following statement: “These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General or the Office of Special Counsel of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.”; or
• 5 U.S.C. § 2302(b)(13)(B)

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  (B) prohibits or restricts an employee or applicant for employment from disclosing to Congress, the Special Counsel, the Inspector General of an agency, or any other agency component responsible for internal investigation or review any information that relates to any violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or any other whistleblower protection; or
• 5 U.S.C. § 2302(b)(14)

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  (14) access the medical record of another employee or an applicant for employment as a part of, or otherwise in furtherance of, any conduct described in paragraphs (1) through (13).
• 5 U.S.C. § 2302(c)(1)(A)

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  (A) 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
• 5 U.S.C. § 2302(c)(1)(A)(i)

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  (i) appointed to a position as an employee on or after the date of enactment of this subsection; and
• 5 U.S.C. § 2302(c)(1)(A)(ii)

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  (ii) who has not previously served as an employee; and
• 5 U.S.C. § 2302(c)(2)(C)

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  (C) ensuring, in consultation with the Special Counsel and the Inspector General of the agency, that employees of the agency are informed of the rights and remedies available to the employees under this chapter and chapter 12, including—

  (i) information with respect to whistleblower protections available to new employees during a probationary period;

  (ii) the role of the Office of Special Counsel and the Merit Systems Protection Board with respect to whistleblower protections; and

  (iii) the means by which, with respect to information that is otherwise required by law or Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, an employee may make a lawful disclosure of the information to—

  (I) the Special Counsel;

  (II) the Inspector General of an agency;

  (III) Congress (including any committee of Congress with respect to information that is not classified or, if classified, has been classified by the head of an agency that is not an element of the intelligence community and does not reveal intelligence sources and methods); or

  (IV) another employee of the agency who is designated to receive such a disclosure.
• 5 U.S.C. § 2302(c)(2)(C)(i)

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  (i) information with respect to whistleblower protections available to new employees during a probationary period;
• 5 U.S.C. § 2302(c)(2)(C)(iii)

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  (iii) the means by which, with respect to information that is otherwise required by law or Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, an employee may make a lawful disclosure of the information to—

  (I) the Special Counsel;

  (II) the Inspector General of an agency;

  (III) Congress (including any committee of Congress with respect to information that is not classified or, if classified, has been classified by the head of an agency that is not an element of the intelligence community and does not reveal intelligence sources and methods); or

  (IV) another employee of the agency who is designated to receive such a disclosure.
• 5 U.S.C. § 2302(c)(2)(C)(iii)(IV)

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  (IV) another employee of the agency who is designated to receive such a disclosure.
• 5 U.S.C. § 2302(c)(3)

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  (3) The head of each agency shall ensure that the information described in paragraph (2) is provided to each new employee of the agency not later than 180 days after the date on which the new employee is appointed.
• 5 U.S.C. § 2302(c)(4)

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  (4) The head of each agency shall make available information regarding whistleblower protections applicable to employees of the agency on the public website of the agency and on any online portal that is made available only to employees of the agency, if such portal exists.
• 5 U.S.C. § 2302(c)(5)

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  (5) Any employee to whom the head of an agency delegates authority for any aspect of personnel management shall, within the limits of the scope of the delegation, be responsible for the activities described in paragraph (2).
• 5 U.S.C. § 2302(d)

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  (d) This section shall not be construed to extinguish or lessen any effort to achieve equal employment opportunity through affirmative action or any right or remedy available to any employee or applicant for employment in the civil service under—

  (1) section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16), prohibiting discrimination on the basis of race, color, religion, sex, or national origin;

  (2) sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 631, 633a), prohibiting discrimination on the basis of age;

  (3) under section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)), prohibiting discrimination on the basis of sex;

  (4) section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), prohibiting discrimination on the basis of handicapping condition; or

  (5) the provisions of any law, rule, or regulation prohibiting discrimination on the basis of marital status or political affiliation.
• 5 U.S.C. § 2302(f)(1)(A)

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  (A) the disclosure was made to a supervisor or to a person who participated in an activity that the employee or applicant reasonably believed to be covered by subsection (b)(8)(A)(i) and (ii);
• 5 U.S.C. § 2302(f)(1)(C)

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  (C) of the employee’s or applicant’s motive for making the disclosure;
• 5 U.S.C. § 2302(f)(1)(E)

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  (E) the disclosure was made while the employee was off duty;
• 5 U.S.C. § 2302(f)(2)

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  (2) If a disclosure is made during the normal course of duties of an employee, the principal job function of whom is to regularly investigate and disclose wrongdoing (referred to in this paragraph as the “disclosing employee”), the disclosure shall not be excluded from subsection (b)(8) if the disclosing employee demonstrates that an employee who has the authority to take, direct other individuals to take, recommend, or approve any personnel action with respect to the disclosing employee took, failed to take, or threatened to take or fail to take a personnel action with respect to the disclosing employee in reprisal for the disclosure made by the disclosing employee.
• 5 U.S.C. § 2303(a)

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  (a) Any employee of the Federal Bureau of Investigation who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take a personnel action with respect to an employee in, or applicant for, a position in the Bureau as a reprisal for a disclosure of information—

  (1) made—

  (A) in the case of an employee, to a supervisor in the direct chain of command of the employee, up to and including the head of the employing agency;

  (B) to the Inspector General;

  (C) to the Office of Professional Responsibility of the Department of Justice;

  (D) to the Office of Professional Responsibility of the Federal Bureau of Investigation;

  (E) to the Inspection Division of the Federal Bureau of Investigation;

  (F) as described in section 7211;

  (G) to the Office of Special Counsel; or

  (H) to an employee designated by any officer, employee, office, or division described in subparagraphs (A) through (G) for the purpose of receiving such disclosures; and

  (2) which the employee or applicant reasonably believes evidences—

  (A) any violation of any law, rule, or regulation; or

  (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

  For the purpose of this subsection, “personnel action” means any action described in clauses (i) through (x) of section 2302(a)(2)(A) of this title with respect to an employee in, or applicant for, a position in the Bureau (other than a position of a confidential, policy-determining, policymaking, or policy-advocating character).
• 5 U.S.C. § 2303(a)(1)(A)

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  (A) in the case of an employee, to a supervisor in the direct chain of command of the employee, up to and including the head of the employing agency;
• 5 U.S.C. § 2303(a)(1)(H)

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  (H) to an employee designated by any officer, employee, office, or division described in subparagraphs (A) through (G) for the purpose of receiving such disclosures; and
• 5 U.S.C. § 2303(a)(2)

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  (2) which the employee or applicant reasonably believes evidences—

  (A) any violation of any law, rule, or regulation; or

  (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
• 5 U.S.C. § 2303(b)

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  (b) The Attorney General shall prescribe regulations to ensure that such a personnel action shall not be taken against an employee of the Bureau as a reprisal for any disclosure of information described in subsection (a) of this section.
• 5 U.S.C. § 2303(d)(1)

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  (1) An employee of the Federal Bureau of Investigation who makes an allegation of a reprisal under regulations promulgated under this section may appeal a final determination or corrective action order by the Bureau under those regulations to the Merit Systems Protection Board pursuant to section 1221.
• 5 U.S.C. § 2303(d)(2)

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  (2) If no final determination or corrective action order has been made or issued for an allegation described in paragraph (1) before the expiration of the 180-day period beginning on the date on which the allegation is received by the Federal Bureau of Investigation, the employee described in that paragraph may seek corrective action directly from the Merit Systems Protection Board pursuant to section 1221.
• 5 U.S.C. § 2304(a)(2)

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  (2) any provision of law implementing section 2302(b)(1), (8), or (9) by providing any right or remedy available to an employee or applicant for employment in the civil service; and
• 5 U.S.C. § 2903(b)

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  (b) An employee of an Executive agency designated in writing by the head of the Executive agency, or the Secretary of a military department with respect to an employee of his department, may administer—

  (1) the oath of office required by section 3331 of this title, incident to entrance into the executive branch; or

  (2) any other oath required by law in connection with employment in the executive branch.
• 5 U.S.C. § 2904

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  An employee of an Executive agency who is authorized to administer the oath of office required by section 3331 of this title, or any other oath required by law in connection with employment in the executive branch, may not charge or receive a fee or pay for administering the oath.
• 5 U.S.C. § 2905(a)

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  (a) An employee of an Executive agency or an individual employed by the government of the District of Columbia who, on original appointment, subscribed to the oath of office required by section 3331 of this title is not required to renew the oath because of a change in status so long as his service is continuous in the agency in which he is employed, unless, in the opinion of the head of the Executive agency, the Secretary of a military department with respect to an employee of his department, or the Commissioners of the District of Columbia, the public interest so requires.
• 5 U.S.C. § 2905(b)

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  (b) An individual who, on appointment as an employee of a House of Congress, subscribed to the oath of office required by section 3331 of this title is not required to renew the oath so long as his service as an employee of that House of Congress is continuous.
• 5 U.S.C. § 3101

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  Each Executive agency, military department, and the government of the District of Columbia may employ such number of employees of the various classes recognized by chapter 51 of this title as Congress may appropriate for from year to year.
• 5 U.S.C. § 3102(a)(2)

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  (2) “handicapped employee” means an individual employed by an agency who is blind or deaf or who otherwise qualifies as a handicapped individual within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 794);¹ and
• 5 U.S.C. § 3102(b)(1)

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  (1) The head of each agency may employ one or more personal assistants who the head of the agency determines are necessary to enable a handicapped employee of that agency to perform the employee’s official duties and who shall serve without pay from the agency, without regard to—

  (A) the provisions of this title governing appointment in the competitive service;

  (B) chapter 51 and subchapter III of chapter 53 of this title; and

  (C) section 1342 of title 31.

  Such employment may include the employing of a reading assistant or assistants for a blind employee or an interpreting assistant or assistants for a deaf employee.
• 5 U.S.C. § 3102(b)(2)

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  (2) A personal assistant, including a reading or interpreting assistant, employed under this subsection may receive pay for services performed by the assistant from the handicapped employee or a nonprofit organization, without regard to section 209 of title 18.
• 5 U.S.C. § 3102(c)

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  (c) The head of each agency may also employ or assign one or more personal assistants who the head of the agency determines are necessary to enable a handicapped employee of that agency to perform the employee’s official duties. Such employment may include the employing of a reading assistant or assistants for a blind employee or an interpreting assistant or assistants for a deaf employee.
• 5 U.S.C. § 3102(d)(1)

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  (1) In the case of any handicapped employee (including a blind or deaf employee) traveling on official business, the head of the agency may authorize the payment to an individual to accompany or assist (or both) the handicapped employee for all or a portion of the travel period involved. Any payment under this subsection to such an individual may be made either directly to that individual or by advancement or reimbursement to the handicapped employee.
• 5 U.S.C. § 3102(d)(2)

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  (2) With respect to any individual paid to accompany or assist a handicapped employee under paragraph (1) of this subsection—

  (A) the amount paid to that individual shall not exceed the limit or limits which the Office of Personnel Management shall prescribe by regulation to ensure that the payment does not exceed amounts (including pay and, if appropriate, travel expenses and per diem allowances) which could be paid to an employee assigned to accompany or assist the handicapped employee; and

  (B) that individual shall be considered an employee, but only for purposes of chapter 81 of this title (relating to compensation for injury) and sections 2671 through 2680 of title 28 (relating to tort claims).
• 5 U.S.C. § 3102(d)(2)(A)

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  (A) the amount paid to that individual shall not exceed the limit or limits which the Office of Personnel Management shall prescribe by regulation to ensure that the payment does not exceed amounts (including pay and, if appropriate, travel expenses and per diem allowances) which could be paid to an employee assigned to accompany or assist the handicapped employee; and
• 5 U.S.C. § 3102(d)(2)(B)

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  (B) that individual shall be considered an employee, but only for purposes of chapter 81 of this title (relating to compensation for injury) and sections 2671 through 2680 of title 28 (relating to tort claims).
• 5 U.S.C. § 3102(e)

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  (e) This section may not be held or considered to prevent or limit in any way the assignment to a handicapped employee (including a blind or deaf employee) by an agency of clerical or secretarial assistance, at the expense of the agency under statutes and regulations currently applicable at the time, if that assistance normally is provided, or authorized to be provided, in that manner under currently applicable statutes and regulations.
• 5 U.S.C. § 3106

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  Except as otherwise authorized by law, the head of an Executive department or military department may not employ an attorney or counsel for the conduct of litigation in which the United States, an agency, or employee thereof is a party, or is interested, or for the securing of evidence therefor, but shall refer the matter to the Department of Justice. This section does not apply to the employment and payment of counsel under section 1037 of title 10.
• 5 U.S.C. § 3110(a)(2)

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  (2) “public official” means an officer (including the President and a Member of Congress), a member of the uniformed service, an employee and any other individual, in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals, or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in an agency; and
• 5 U.S.C. § 3111(b)(3)

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  (3) will not be used to displace any employee.
• 5 U.S.C. § 3111(c)(1)

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  (1) Except as provided in paragraph (2), any student who provides voluntary service under subsection (b) of this section shall not be considered a Federal employee for any purpose other than for purposes of section 7905 (relating to commuting by means other than single-occupancy motor vehicles), chapter 81 (relating to compensation for injury) and sections 2671 through 2680 of title 28 (relating to tort claims).
• 5 U.S.C. § 3111(c)(2)

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  (2) In addition to being considered a Federal employee for the purposes specified in paragraph (1), any student who provides voluntary service as part of a program established under subsection (b) of this section in the Internal Revenue Service, Department of the Treasury, shall be considered an employee of the Department of the Treasury for purposes of—

  (A) section 552a of this title (relating to disclosure of records);

  (B) subsections (a)(1), (h)(1), (k)(6), and (l)(4) of section 6103 of title 26 (relating to confidentiality and disclosure of returns and return information);

  (C) sections 7213(a)(1) and 7431 of title 26 (relating to unauthorized disclosures of returns and return information by Federal employees and other persons); and

  (D) section 7423 of title 26 (relating to suits against employees of the United States);

  except that returns and return information (as defined in section 6103(b) of title 26) shall be made available to students under such program only to the extent that the Secretary of the Treasury or his designee determines that the duties assigned to such students so require.
• 5 U.S.C. § 3111(c)(2)(C)

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  (C) sections 7213(a)(1) and 7431 of title 26 (relating to unauthorized disclosures of returns and return information by Federal employees and other persons); and
• 5 U.S.C. § 3111(c)(2)(D)

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  (D) section 7423 of title 26 (relating to suits against employees of the United States);
• 5 U.S.C. § 3111(e)(2)(A)

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  (A) any student who provides voluntary service in accordance with this section shall be considered an employee of the Congressional Budget Office for purposes of section 203 of the Congressional Budget Act of 1974 (relating to the level of confidentiality of budget data); and
• 5 U.S.C. § 3113

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  An employee shall be separated from service and barred from reemployment in the Federal service, if—
• 5 U.S.C. § 3113(1)

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  (1) the employee is convicted of a violation of section 201(b) of title 18; and
• 5 U.S.C. § 3114(c)(3)

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  (3) the numbers, types, and grades of employees hired under the authority;
• 5 U.S.C. § 3115(e)(1)

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  (1) Except as provided in paragraph (2), the total number of employees that the head of an agency may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of individuals that the agency head appointed during the previous fiscal year 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, under a competitive examining procedure.
• 5 U.S.C. § 3131(3)

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  (3) assure that senior executives are accountable and responsible for the effectiveness and productivity of employees under them;
• 5 U.S.C. § 3132(a)(1)(B)

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  (B) the Federal Bureau of Investigation, the Drug Enforcement Administration, the Central Intelligence Agency, the Office of the Director of National Intelligence, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, Department of Defense intelligence activities the civilian employees of which are subject to section 1590 of title 10, and, as determined by the President, an Executive agency, or unit thereof, whose principal function is the conduct of foreign intelligence or counterintelligence activities;
• 5 U.S.C. § 3132(a)(2)

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  (2) “Senior Executive Service position” means any position in an agency which is classified above GS–15 pursuant to section 5108 or in level IV or V of the Executive Schedule, or an equivalent position, which is not required to be filled by an appointment by the President by and with the advice and consent of the Senate, and in which an employee—

  (A) directs the work of an organizational unit;

  (B) is held accountable for the success of one or more specific programs or projects;

  (C) monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to such goals;

  (D) supervises the work of employees other than personal assistants; or

  (E) otherwise exercises important policy-making, policy-determining, or other executive functions;

  but does not include—

  (i) any position in the Foreign Service of the United States;

  (ii) an administrative law judge position under section 3105 of this title;

  (iii) any position established as a qualified position in the excepted service by the Secretary of Homeland Security under section 226² of the Homeland Security Act of 2002; or

  (iv) any position established as a qualified position in the excepted service by the Secretary of Defense under section 1599f of title 10;
• 5 U.S.C. § 3132(a)(2)(D)

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  (D) supervises the work of employees other than personal assistants; or
• 5 U.S.C. § 3161(d)(1)

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  (1) The rate of basic pay for an employee appointed under subsection (b) shall be established under regulations prescribed by the Office of Personnel Management without regard to the provisions of chapter 51 and subchapter III of chapter 53 of this title.
• 5 U.S.C. § 3161(e)

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  (e) 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.
• 5 U.S.C. § 3161(f)

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  (f) An employee appointed under subsection (b) shall be afforded the same benefits and entitlements as are provided temporary employees under this title.
• 5 U.S.C. § 3161(g)

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  (g) An employee serving under a career or career conditional appointment or the equivalent in an agency who transfers to or converts to an appointment in a temporary organization with the consent of the head of the agency is entitled to be returned to the employee’s former position or a position of like seniority, status, and pay without grade or pay retention in the agency if the employee—

  (1) is being separated from the temporary organization for reasons other than misconduct, neglect of duty, or malfeasance; and

  (2) applies for return not later than 30 days before the earlier of—

  (A) the date of the termination of the employment in the temporary organization; or

  (B) the date of the termination of the temporary organization.
• 5 U.S.C. § 3161(i)(3)(B)

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  (B) shall supervise the volunteer to the same extent as employees receiving compensation for similar services; and
• 5 U.S.C. § 3161(i)(4)

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  (4) A person providing volunteer services accepted under this subsection shall be considered an employee of the Federal Government in the performance of those services for the purposes of the following provisions of law:

  (A) Chapter 81 of this title, relating to compensation for work-related injuries.

  (B) Chapter 171 of title 28, relating to tort claims.

  (C) Chapter 11 of title 18, relating to conflicts of interest.
• 5 U.S.C. § 3304(a)(8)

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  (8) 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.
• 5 U.S.C. § 3304(a)(8)(A)

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  (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
• 5 U.S.C. § 3304(a)(8)(B)

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  (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.
• 5 U.S.C. § 3304(c)(3)(B)(iii)

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  (iii) employee representatives; and
• 5 U.S.C. § 3304(d)(1)(A)

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  (A) develop, in partnership with human resources employees of the examining agency, a position-specific assessment that is relevant to the position, based on job analysis, which may include—

  (i) a structured interview;

  (ii) a work-related exercise;

  (iii) a custom or generic procedure used to measure an applicant’s employment or career-related qualifications and interests; or

  (iv) another assessment that—

  (I) allows for the demonstration of job-related technical skills, abilities, and knowledge; and

  (II) is relevant to the position for which the assessment is developed; and
• 5 U.S.C. § 3304(k)

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  (k) Employees at any place outside the District of Columbia where the President or the Office of Personnel Management directs that examinations be held shall allow the reasonable use of public buildings for, and in all proper ways facilitate, holding the examinations.
• 5 U.S.C. § 3304(m)(2)

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  (2) 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 examination under subchapter I of this chapter to the time-limited appointment;

  (B) the employee has served under 1 or more time-limited appointments within the Department for a period or periods totaling more than 2 years without a break of 2 or more years; and

  (C) the employee’s performance has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (B).
• 5 U.S.C. § 3304(m)(2)(A)

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  (A) the employee was appointed initially under open, competitive examination under subchapter I of this chapter to the time-limited appointment;
• 5 U.S.C. § 3304(m)(2)(B)

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  (B) the employee has served under 1 or more time-limited appointments within the Department for a period or periods totaling more than 2 years without a break of 2 or more years; and
• 5 U.S.C. § 3304(m)(2)(C)

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  (C) the employee’s performance has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (B).
• 5 U.S.C. § 3304(m)(3)(A)

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  (A) becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and
• 5 U.S.C. § 3304(m)(4)

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  (4) If the Department is accepting applications as described in paragraph (2), a former employee of the Department who served under a time-limited appointment and who otherwise meets the requirements of this section shall be eligible to compete for a permanent position in the competitive service under this section if—

  (A) the employee applies for a position covered by this section not later than 2 years after the most recent date of separation; and

  (B) the employee’s most recent separation was for reasons other than misconduct or performance.
• 5 U.S.C. § 3304(m)(4)(A)

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  (A) the employee applies for a position covered by this section not later than 2 years after the most recent date of separation; and
• 5 U.S.C. § 3304(m)(4)(B)

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  (B) the employee’s most recent separation was for reasons other than misconduct or performance.
• 5 U.S.C. § 3307(a)

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  (a) Except as provided in subsections (b), (c), (d), (e), and (f) of this section appropriated funds may not be used to pay an employee who establishes a maximum-age requirement for entrance into the competitive service.
• 5 U.S.C. § 3307(e)(2)(A)

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  (A) In the case of the conversion of an agency function from performance by a contractor to performance by an employee of the agency, the head of the agency, in consultation with the Director of the Office of Personnel Management, may waive any maximum limit of age, determined or fixed for positions within such agency under paragraph (1), if necessary in order to promote the recruitment or appointment of experienced personnel.
• 5 U.S.C. § 3318(b)(4)(A)

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  (A) provide notice of the available position to employees of the other appointing authority;
• 5 U.S.C. § 3318(b)(4)(B)

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  (B) provide up to 10 business days for employees of the other appointing authority to apply for the position; and
• 5 U.S.C. § 3318(b)(4)(C)

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  (C) review the qualifications of employees submitting an application.
• 5 U.S.C. § 3318(c)(4)

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  (4) In the case of a preference eligible described in paragraph (2), the functions of the Director under this subsection may not be delegated to an individual who is not an officer or employee of the Office of Personnel Management.
• 5 U.S.C. § 3319(c)(5)(A)

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  (A) provide notice of the available position to employees of the appointing authority employing the other appointing official;
• 5 U.S.C. § 3319(c)(5)(B)

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  (B) provide up to 10 business days for employees of the other appointing authority to apply for the position; and
• 5 U.S.C. § 3319(c)(5)(C)

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  (C) review the qualifications of employees submitting an application.
• 5 U.S.C. § 3319(d)(1)

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  (1) the number of employees hired under that system;
• 5 U.S.C. § 3322(a)

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  (a) With respect to any employee occupying a position in the competitive service or the excepted service who is the subject of a personnel investigation and resigns from Government employment prior to the resolution of such investigation, the head of the agency from which such employee so resigns shall, if an adverse finding was made with respect to such employee pursuant to such investigation, make a permanent notation in the employee’s official personnel record file. The head shall make such notation not later than 40 days after the date of the resolution of such investigation.
• 5 U.S.C. § 3322(b)

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  (b) Prior to making a permanent notation in an employee’s official personnel record file under subsection (a), the head of the agency shall—

  (1) notify the employee in writing within 5 days of the resolution of the investigation and provide such employee a copy of the adverse finding and any supporting documentation;

  (2) provide the employee with a reasonable time, but not less than 30 days, to respond in writing and to furnish affidavits and other documentary evidence to show why the adverse finding was unfounded (a summary of which shall be included in any notation made to the employee’s personnel file under subsection (d)); and

  (3) provide a written decision and the specific reasons therefore to the employee at the earliest practicable date.
• 5 U.S.C. § 3322(b)(1)

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  (1) notify the employee in writing within 5 days of the resolution of the investigation and provide such employee a copy of the adverse finding and any supporting documentation;
• 5 U.S.C. § 3322(b)(2)

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  (2) provide the employee with a reasonable time, but not less than 30 days, to respond in writing and to furnish affidavits and other documentary evidence to show why the adverse finding was unfounded (a summary of which shall be included in any notation made to the employee’s personnel file under subsection (d)); and
• 5 U.S.C. § 3322(b)(3)

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  (3) provide a written decision and the specific reasons therefore to the employee at the earliest practicable date.
• 5 U.S.C. § 3322(c)

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  (c) An employee is entitled to appeal the decision of the head of the agency to make a permanent notation under subsection (a) to the Merit Systems Protection Board under section 7701.
• 5 U.S.C. § 3322(d)(1)

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  (1) If an employee files an appeal with the Merit Systems Protection Board pursuant to subsection (c), the agency head shall make a notation in the employee’s official personnel record file indicating that an appeal disputing the notation is pending not later than 2 weeks after the date on which such appeal was filed.
• 5 U.S.C. § 3322(d)(2)

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  (2) If the head of the agency is the prevailing party on appeal, not later than 2 weeks after the date that the Board issues the appeal decision, the head of the agency shall remove the notation made under paragraph (1) from the employee’s official personnel record file.
• 5 U.S.C. § 3322(d)(3)

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  (3) If the employee is the prevailing party on appeal, not later than 2 weeks after the date that the Board issues the appeal decision, the head of the agency shall remove the notation made under paragraph (1) and the notation of an adverse finding made under subsection (a) from the employee’s official personnel record file.
• 5 U.S.C. § 3323(d)

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  (d) Notwithstanding subsection (a) of this section, the Chief of Engineers of the Army, under section 569a of title 33, may employ a retired employee whose expert assistance is needed in connection with river and harbor or flood control works. There shall be deducted from the pay of an employee so reemployed an amount equal to the annuity or retired pay allocable to the period of actual employment.
• 5 U.S.C. § 3326(c)(1)

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  (1) full consideration, in accordance with placement and promotion procedures of the department concerned, was given to eligible career employees;
• 5 U.S.C. § 3329(c)(1)(C)

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  (C) in which the person is qualified to serve, taking into consideration whether the employee in that position is required to be a member of a reserve component of the armed forces as a condition of employment.
• 5 U.S.C. § 3330d(a)(3)(A)(i)

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  (i) is an employee of the Department of State or an element of the intelligence community; or
• 5 U.S.C. § 3330d(a)(5)

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  (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 otherwise work; and

  (iii) that is typically the residence of the employee.
• 5 U.S.C. § 3330d(a)(5)(A)

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  (A) is not expected to physically report to the location from which the employee would otherwise work, considering the position of the employee; and
• 5 U.S.C. § 3330d(a)(5)(B)

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  (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 otherwise work; and

  (iii) that is typically the residence of the employee.
• 5 U.S.C. § 3330d(a)(5)(B)(i)

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  (i) other than the location from which the employee would otherwise work;
• 5 U.S.C. § 3330d(a)(5)(B)(ii)

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  (ii) that may be inside or outside the local commuting area of the location from which the employee would otherwise work; and
• 5 U.S.C. § 3330d(a)(5)(B)(iii)

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  (iii) that is typically the residence of the employee.
• 5 U.S.C. § 3330d(a)(7)

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  (7) 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.
• 5 U.S.C. § 3330d(b)(4)

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  (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 U.S.C. § 3330e(a)

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  (a) If a former Government employee is a candidate for a position within the competitive service or the excepted service, prior to making any determination with respect to the appointment or reinstatement of such employee to such position, the appointing authority shall review and consider merit-based information relating to such employee’s former period or periods of service such as official personnel actions, employee performance ratings, and disciplinary actions, if any, in such employee’s official personnel record file.
• 5 U.S.C. § 3330e(b)

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  (b) In subsection (a), 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.
• 5 U.S.C. § 3330f(f)(5)

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  (5) The Director shall establish a central help desk, to be operated by not more than 1 full-time employee, to assist any agency with implementing this section.
• 5 U.S.C. § 3341(a)

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  (a) The head of an Executive department or military department may detail employees among the bureaus and offices of his department, except employees who are required by law to be exclusively engaged on some specific work.
• 5 U.S.C. § 3341(b)(2)(B)

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  (B) in which the position to which the employee is detailed is eliminated on or before the date of the closure, realignment, or restructuring.
• 5 U.S.C. § 3343(a)(1)

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  (1) “agency”, “employee”, and “international organization” have the meanings given them by section 3581 of this title; and
• 5 U.S.C. § 3343(a)(2)

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  (2) “detail” means the assignment or loan of an employee to an international organization without a change of position from the agency by which he is employed to an international organization.
• 5 U.S.C. § 3343(b)

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  (b) The head of an agency may detail, for a period of not more than 5 years, an employee of his agency to an international organization which requests services, except that under special circumstances, where the President determines it to be in the national interest, he may extend the 5-year period for up to an additional 3 years.
• 5 U.S.C. § 3343(c)

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  (c) An employee detailed under subsection (b) of this section is deemed, for the purpose of preserving his allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed, and he is entitled to pay, allowances, and benefits from funds available to that agency. The authorization and payment of these allowances and other benefits from appropriations available therefor is deemed to comply with section 5536 of this title.
• 5 U.S.C. § 3343(e)

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  (e) An employee detailed under subsection (b) of this section may be paid or reimbursed by an international organization for allowances or expenses incurred in the performance of duties required by the detail, without regard to section 209 of title 18.
• 5 U.S.C. § 3345(a)(3)

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  (3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—

  (A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and

  (B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
• 5 U.S.C. § 3345(a)(3)(A)

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  (A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
• 5 U.S.C. § 3347(a)(1)(A)

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  (A) authorizes the President, a court, or the head of an Executive department, to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or
• 5 U.S.C. § 3347(a)(1)(B)

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  (B) designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or
• 5 U.S.C. § 3347(b)

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  (b) Any statutory provision providing general authority to the head of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) to delegate duties statutorily vested in that agency head to, or to reassign duties among, officers or employees of such Executive agency, is not a statutory provision to which subsection (a)(1) applies.
• 5 U.S.C. § 3348(b)

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  (b) Unless an officer or employee is performing the functions and duties in accordance with sections 3345, 3346, and 3347, if an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—

  (1) the office shall remain vacant; and

  (2) in the case of an office other than the office of the head of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office), only the head of such Executive agency may perform any function or duty of such office.
• 5 U.S.C. § 3352(a)

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  (a) Subject to the provisions of subsections (d) and (e), in filling a position within any Executive agency, the head of such agency may give preference to any employee of such agency, or any other Executive agency, to transfer to a position of the same status and tenure as the position of such employee on the date of applying for a transfer under subsection (b) if—

  (1) such employee is otherwise qualified for such position;

  (2) such employee is eligible for appointment to such position; and

  (3) the Merit Systems Protection Board makes a determination under the provisions of chapter 12 that a prohibited personnel action described under section 2302(b)(8) was taken against such employee.
• 5 U.S.C. § 3352(a)(1)

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  (1) such employee is otherwise qualified for such position;
• 5 U.S.C. § 3352(a)(2)

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  (2) such employee is eligible for appointment to such position; and
• 5 U.S.C. § 3352(a)(3)

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  (3) the Merit Systems Protection Board makes a determination under the provisions of chapter 12 that a prohibited personnel action described under section 2302(b)(8) was taken against such employee.
• 5 U.S.C. § 3352(b)

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  (b) An employee who meets the conditions described under subsection (a)(1), (2), and (3) may voluntarily apply for a transfer to a position, as described in subsection (a), within the Executive agency employing such employee or any other Executive agency.
• 5 U.S.C. § 3352(c)

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  (c) If an employee applies for a transfer under the provisions of subsection (b) and the selecting official rejects such application, the selecting official shall provide the employee with a written notification of the reasons for the rejection within 30 days after receiving such application.
• 5 U.S.C. § 3352(d)

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  (d) An employee whose application for transfer is rejected under the provisions of subsection (c) may request the head of such agency to review the rejection. Such request for review shall be submitted to the head of the agency within 30 days after the employee receives notification under subsection (c). Within 30 days after receiving a request for review, the head of the agency shall complete the review and provide a written statement of findings to the employee and the Merit Systems Protection Board.
• 5 U.S.C. § 3352(e)

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  (e) The provisions of subsection (a) shall apply with regard to any employee—

  (1) for no more than 1 transfer;

  (2) for a transfer from or within the agency such employee is employed at the time of a determination by the Merit Systems Protection Board that a prohibited personnel action as described under section 2302(b)(8) was taken against such employee; and

  (3) no later than 18 months after such a determination is made by the Merit Systems Protection Board.
• 5 U.S.C. § 3352(e)(2)

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  (2) for a transfer from or within the agency such employee is employed at the time of a determination by the Merit Systems Protection Board that a prohibited personnel action as described under section 2302(b)(8) was taken against such employee; and
• 5 U.S.C. § 3352(f)

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  (f) Notwithstanding the provisions of subsection (a), no preference may be given to any employee applying for a transfer under subsection (b), with respect to a preference eligible (as defined under section 2108(3)) applying for the same position.
• 5 U.S.C. § 3362

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  An agency, in qualifying and selecting an employee for promotion, shall give due weight to an incentive award under chapter 45 of this title. For the purpose of this section, “agency” and “employee” have the meanings given them by section 4501 of this title.
• 5 U.S.C. § 3372(a)

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  (a) On request from or with the concurrence of a State or local government, and with the consent of the employee concerned, the head of a Federal agency may arrange for the assignment of—

  (1) an employee of his agency, other than a noncareer appointee, limited term appointee, or limited emergency appointee (as such terms are defined in section 3132(a) of this title) in the Senior Executive Service and an employee in a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character, to a State or local government; and

  (2) an employee of a State or local government to his agency;

  for work of mutual concern to his agency and the State or local government that he determines will be beneficial to both. The period of an assignment under this subchapter may not exceed two years. However, the head of a Federal agency may extend the period of assignment for not more than two additional years. In the case of assignments made to Indian tribes or tribal organizations as defined in section 3371(2)(C) of this subchapter, the head of an executive agency may extend the period of assignment for any period of time where it is determined that this will continue to benefit both the executive agency and the Indian tribe or tribal organization. If the assigned employee fails to complete the period of assignment and there is another employee willing and available to do so, the Secretary may assign the employee to complete the period of assignment and may execute an agreement with the tribal organization with respect to the replacement employee. That agreement may provide for a different period of assignment as may be agreed to by the Secretary and the tribal organization.
• 5 U.S.C. § 3372(a)(1)

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  (1) an employee of his agency, other than a noncareer appointee, limited term appointee, or limited emergency appointee (as such terms are defined in section 3132(a) of this title) in the Senior Executive Service and an employee in a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character, to a State or local government; and
• 5 U.S.C. § 3372(a)(2)

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  (2) an employee of a State or local government to his agency;
• 5 U.S.C. § 3372(b)(1)

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  (1) an employee of a Federal agency to an institution of higher education;
• 5 U.S.C. § 3372(b)(2)

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  (2) an employee of an institution of higher education to a Federal agency;
• 5 U.S.C. § 3372(b)(3)

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  (3) an employee of a Federal agency to any other organization; and
• 5 U.S.C. § 3372(b)(4)

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  (4) an employee of an other organization to a Federal agency.
• 5 U.S.C. § 3372(c)(1)

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  (1) An employee of a Federal agency may be assigned under this subchapter only if the employee agrees, as a condition of accepting an assignment under this subchapter, to serve in the civil service upon the completion of the assignment for a period equal to the length of the assignment.
• 5 U.S.C. § 3372(c)(2)

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  (2) Each agreement required under paragraph (1) of this subsection shall provide that in the event the employee fails to carry out the agreement (except for good and sufficient reason, as determined by the head of the Federal agency from which assigned) the employee shall be liable to the United States for payment of all expenses (excluding salary) of the assignment. The amount shall be treated as a debt due the United States.
• 5 U.S.C. § 3372(d)

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  (d) Where the employee is assigned to a tribal organization, the employee shall be eligible for promotions, periodic step-increases, and additional step-increases, as defined in chapter 53 of this title, on the same basis as other Federal employees.
• 5 U.S.C. § 3372(e)(1)

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  (1) an assignment of an employee of a Federal agency to an other organization or an institution of higher education, and an employee so assigned, shall be treated in the same way as an assignment of an employee of a Federal agency to a State or local government, and an employee so assigned, is treated under the provisions of this subchapter governing an assignment of an employee of a Federal agency to a State or local government, except that the rate of pay of an employee assigned to a federally funded research and development center may not exceed the rate of pay that such employee would be paid for continued service in the position in the Federal agency from which assigned; and
• 5 U.S.C. § 3372(e)(2)

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  (2) an assignment of an employee of an other organization or an institution of higher education to a Federal agency, and an employee so assigned, shall be treated in the same way as an assignment of an employee of a State or local government to a Federal agency, and an employee so assigned, is treated under the provisions of this subchapter governing an assignment of an employee of a State or local government to a Federal agency.
• 5 U.S.C. § 3373(a)

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  (a) An employee of a Federal agency assigned to a State or local government under this subchapter is deemed, during the assignment, to be either—

  (1) on detail to a regular work assignment in his agency; or

  (2) on leave without pay from his position in the agency.

  An employee assigned either on detail or on leave without pay remains an employee of his agency. The Federal Tort Claims Act and any other Federal tort liability statute apply to an employee so assigned. The supervision of the duties of an employee on detail may be governed by agreement between the Federal agency and the State or local government concerned.
• 5 U.S.C. § 3373(b)

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  (b) The assignment of an employee of a Federal agency either on detail or on leave without pay to a State or local government under this subchapter may be made with or without reimbursement by the State or local government for the travel and transportation expenses to or from the place of assignment and for the pay, or supplemental pay, or a part thereof, of the employee during assignment. Any reimbursements shall be credited to the appropriation of the Federal agency used for paying the travel and transportation expenses or pay.
• 5 U.S.C. § 3373(c)

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  (c) For any employee so assigned and on leave without pay—

  (1) if the rate of pay for his employment by the State or local government is less than the rate of pay he would have received had he continued in his regular assignment in the agency, he is entitled to receive supplemental pay from the agency in an amount equal to the difference between the State or local government rate and the agency rate;

  (2) he is entitled to annual and sick leave to the same extent as if he had continued in his regular assignment in the agency; and

  (3) he is entitled, notwithstanding other statutes—

  (A) to continuation of his insurance under chapter 87 of this title, and coverage under chapter 89 of this title or other applicable authority, so long as he pays currently into the Employee’s Life Insurance Fund and the Employee’s Health Benefits Fund or other applicable health benefits system (through his employing agency) the amount of the employee contributions;

  (B) to credit the period of his assignment under this subchapter toward periodic step-increases, retention, and leave accrual purposes, and, on payment into the Civil Service Retirement and Disability Fund or other applicable retirement system of the percentage of his State or local government pay, and of his supplemental pay, if any, that would have been deducted from a like agency pay for the period of the assignment and payment by the Federal agency into the fund or system of the amount that would have been payable by the agency during the period of the assignment with respect to a like agency pay, to treat his service during that period as service of the type performed in the agency immediately before his assignment; and

  (C) for the purpose of subchapter I of chapter 85 of this title, to credit the service performed during the period of his assignment under this subchapter as Federal service, and to consider his State or local government pay (and his supplemental pay, if any) as Federal wages. To the extent that the service could also be the basis for entitlement to unemployment compensation under a State law, the employee may elect to claim unemployment compensation on the basis of the service under either the State law or subchapter I of chapter 85 of this title.

  However, an employee or his beneficiary may not receive benefits referred to in subparagraphs (A) and (B) of this paragraph (3), based on service during an assignment under this subchapter for which the employee or, if he dies without making such an election, his beneficiary elects to receive benefits, under any State or local government retirement or insurance law or program, which the Office of Personnel Management determines to be similar. The Federal agency shall deposit currently in the Employee’s Life Insurance Fund, the Employee’s Health Benefits Fund or other applicable health benefits system, respectively, the amount of the Government’s contributions on account of service with respect to which employee contributions are collected as provided in subparagraphs (A) and (B) of this paragraph (3).
• 5 U.S.C. § 3373(c)(3)(A)

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  (A) to continuation of his insurance under chapter 87 of this title, and coverage under chapter 89 of this title or other applicable authority, so long as he pays currently into the Employee’s Life Insurance Fund and the Employee’s Health Benefits Fund or other applicable health benefits system (through his employing agency) the amount of the employee contributions;
• 5 U.S.C. § 3373(c)(3)(C)

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  (C) for the purpose of subchapter I of chapter 85 of this title, to credit the service performed during the period of his assignment under this subchapter as Federal service, and to consider his State or local government pay (and his supplemental pay, if any) as Federal wages. To the extent that the service could also be the basis for entitlement to unemployment compensation under a State law, the employee may elect to claim unemployment compensation on the basis of the service under either the State law or subchapter I of chapter 85 of this title.
• 5 U.S.C. § 3373(d)(1)

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  (1) An employee so assigned and on leave without pay who dies or suffers disability as a result of personal injury sustained while in the performance of his duty during an assignment under this subchapter shall be treated, for the purpose of subchapter I of chapter 81 of this title, as though he were an employee as defined by section 8101 of this title who had sustained the injury in the performance of duty. When an employee (or his dependents in case of death) entitled by reason of injury or death to benefits under subchapter I of chapter 81 of this title is also entitled to benefits from a State or local government for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. The election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may allow for reasonable cause shown. When made, the election is irrevocable unless otherwise provided by law.
• 5 U.S.C. § 3373(d)(2)

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  (2) An employee who elects to receive benefits from a State or local government may not receive an annuity under subchapter III of chapter 83 of this title and benefits from the State or local government for injury or disability to himself covering the same period of time. This provision does not—

  (A) bar the right of a claimant to the greater benefit conferred by either the State or local government or subchapter III of chapter 83 of this title for any part of the same period of time;

  (B) deny to an employee an annuity accruing to him under subchapter III of chapter 83 of this title on account of service performed by him; or

  (C) deny any concurrent benefit to him from the State or local government on account of the death of another individual.
• 5 U.S.C. § 3373(d)(2)(B)

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  (B) deny to an employee an annuity accruing to him under subchapter III of chapter 83 of this title on account of service performed by him; or
• 5 U.S.C. § 3374(a)

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  (a) An employee of a State or local government who is assigned to a Federal agency under an arrangement under this subchapter may—

  (1) be appointed in the Federal agency without regard to the provisions of this title governing appointment in the competitive service for the agreed period of the assignment; or

  (2) be deemed on detail to the Federal agency.
• 5 U.S.C. § 3374(b)

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  (b) An employee given an appointment is entitled to pay in accordance with chapter 51 and subchapter III of chapter 53 of this title or other applicable law, and is deemed an employee of the Federal agency for all purposes except—

  (1) subchapter III of chapter 83 of this title or other applicable retirement system;

  (2) chapter 87 of this title; and

  (3) chapter 89 of this title or other applicable health benefits system unless his appointment results in the loss of coverage in a group health benefits plan the premium of which has been paid in whole or in part by a State or local government contribution.

  The above exceptions shall not apply to non-Federal employees who are covered by chapters 83, 87, and 89 of this title by virtue of their non-Federal employment immediately before assignment and appointment under this section.
• 5 U.S.C. § 3374(c)

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  (c) During the period of assignment, a State or local government employee on detail to a Federal agency—

  (1) is not entitled to pay from the agency, except to the extent that the pay received from the State or local government is less than the appropriate rate of pay which the duties would warrant under the applicable pay provisions of this title or other applicable authority;

  (2) is deemed an employee of the agency for the purpose of chapter 73 of this title, chapter 131 of this title, chapter 21 of title 41, sections 203, 205, 207, 208, 209, 602, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, sections 1343, 1344, and 1349(b) of title 31, and the Federal Tort Claims Act and any other Federal tort liability statute; and

  (3) is subject to such regulations as the President may prescribe.

  The supervision of the duties of such an employee may be governed by agreement between the Federal agency and the State or local government concerned. A detail of a State or local government employee to a Federal agency may be made with or without reimbursement by the Federal agency for the pay, or a part thereof, of the employee during the period of assignment, or for the contribution of the State or local government, or a part thereof, to employee benefit systems.
• 5 U.S.C. § 3374(c)(2)

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  (2) is deemed an employee of the agency for the purpose of chapter 73 of this title, chapter 131 of this title, chapter 21 of title 41, sections 203, 205, 207, 208, 209, 602, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, sections 1343, 1344, and 1349(b) of title 31, and the Federal Tort Claims Act and any other Federal tort liability statute; and
• 5 U.S.C. § 3374(d)

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  (d) A State or local government employee who is given an appointment in a Federal agency for the period of the assignment or who is on detail to a Federal agency and who suffers disability or dies as a result of personal injury sustained while in the performance of his duty during the assignment shall be treated, for the purpose of subchapter I of chapter 81 of this title, as though he were an employee as defined by section 8101 of this title who had sustained the injury in the performance of duty. When an employee (or his dependents in case of death) entitled by reason of injury or death to benefits under subchapter I of chapter 81 of this title is also entitled to benefits from a State or local government for the same injury or death, he (or his dependents in case of death) shall elect which benefits he will receive. The election shall be made within 1 year after the injury or death, or such further time as the Secretary of Labor may allow for reasonable cause shown. When made, the election is irrevocable unless otherwise provided by law.
• 5 U.S.C. § 3374(e)

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  (e) If a State or local government fails to continue the employer’s contribution to State or local government retirement, life insurance, and health benefit plans for a State or local government employee who is given an appointment in a Federal agency, the employer’s contributions covering the State or local government employee’s period of assignment, or any part thereof, may be made from the appropriations of the Federal agency concerned.
• 5 U.S.C. § 3375(a)

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  (a) Appropriations of a Federal agency are available to pay, or reimburse, a Federal or State or local government employee in accordance with—

  (1) subchapter I of chapter 57 of this title, for the expenses of—

  (A) travel, including a per diem allowance, to and from the assignment location;

  (B) a per diem allowance at the assignment location during the period of the assignment; and

  (C) travel, including a per diem allowance, while traveling on official business away from his designated post of duty during the assignment when the head of the Federal agency considers the travel in the interest of the United States;

  (2) section 5724 of this title, for the expenses of transportation of his immediate family and of his household goods and personal effects to and from the assignment location;

  (3) section 5724a(a) of this title, for the expenses of per diem allowances for the immediate family of the employee to and from the assignment location;

  (4) section 5724a(c) of this title, for subsistence expenses of the employee and his immediate family while occupying temporary quarters at the assignment location and on return to his former post of duty;

  (5) section 5724a(g) of this title, to be used by the employee for miscellaneous expenses related to change of station where movement or storage of household goods is involved; and

  (6) section 5726(c) of this title, for the expenses of nontemporary storage of household goods and personal effects in connection with assignment at an isolated location.
• 5 U.S.C. § 3375(a)(3)

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  (3) section 5724a(a) of this title, for the expenses of per diem allowances for the immediate family of the employee to and from the assignment location;
• 5 U.S.C. § 3375(a)(4)

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  (4) section 5724a(c) of this title, for subsistence expenses of the employee and his immediate family while occupying temporary quarters at the assignment location and on return to his former post of duty;
• 5 U.S.C. § 3375(a)(5)

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  (5) section 5724a(g) of this title, to be used by the employee for miscellaneous expenses related to change of station where movement or storage of household goods is involved; and
• 5 U.S.C. § 3375(b)

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  (b) Expenses specified in subsection (a) of this section, other than those in paragraph (1)(C), may not be allowed in connection with the assignment of a Federal or State or local government employee under this subchapter, unless and until the employee agrees in writing to complete the entire period of his assignment or one year, whichever is shorter, unless separated or reassigned for reasons beyond his control that are acceptable to the Federal agency concerned. If the employee violates the agreement, the money spent by the United States for these expenses is recoverable from the employee as a debt due the United States. The head of the Federal agency concerned may waive in whole or in part a right of recovery under this subsection with respect to a State or local government employee on assignment with the agency.
• 5 U.S.C. § 3375(c)

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  (c) Appropriations of a Federal agency are available to pay expenses under section 5742 of this title with respect to a Federal or State or local government employee assigned under this subchapter.
• 5 U.S.C. § 3393(b)

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  (b) Each agency shall establish one or more executive resources boards, as appropriate, the members of which shall be appointed by the head of the agency from among employees of the agency or commissioned officers of the uniformed services serving on active duty in such agency. The boards shall, in accordance with merit staffing requirements established by the Office, conduct the merit staffing process for career appointees, including—

  (1) reviewing the executive qualifications of each candidate for a position to be filled by a career appointee; and

  (2) making written recommendations to the appropriate appointing authority concerning such candidates.
• 5 U.S.C. § 3396(c)(2)

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  (2) A sabbatical under this subsection may not be granted to any career appointee—

  (A) more than once in any 10-year period;

  (B) unless the appointee has completed 7 years of service—

  (i) in one or more positions in the Senior Executive Service;

  (ii) in one or more other positions in the civil service the level of duties and responsibilities of which are equivalent to the level of duties and responsibilities of positions in the Senior Executive Service; or

  (iii) in any combination of such positions, except that not less than 2 years of such 7 years of service must be in the Senior Executive Service; and

  (C) if the appointee is eligible for voluntary retirement with a right to an immediate annuity under section 8336 of this title.

  Any period of assignment under section 3373 of this title, relating to assignments of employees to State and local governments, shall not be considered a period of service for the purpose of subparagraph (B) of this paragraph.
• 5 U.S.C. § 3403(a)

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  (a) An agency shall not abolish any position occupied by an employee in order to make the duties of such position available to be performed on a part-time career employment basis.
• 5 U.S.C. § 3404

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  In administering any personnel ceiling applicable to an agency (or unit therein), an employee employed by such agency on a part-time career employment basis shall be counted as a fraction which is determined by dividing 40 hours into the average number of hours of such employee’s regularly scheduled workweek. This section shall become effective on October 1, 1980.
• 5 U.S.C. § 3408

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  If an employee organization has been accorded exclusive recognition with respect to a unit within an agency, then the employee organization shall be entitled to represent all employees within that unit employed on a part-time career employment basis.
• 5 U.S.C. § 3501(a)(3)

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  (3) a preference eligible employee who is a retired member of a uniformed service is considered a preference eligible only if—

  (A) his retirement was based on disability—

  (i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or

  (ii) caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by sections 101 and 1101 of title 38;

  (B) his service does not include twenty or more years of full-time active service, regardless of when performed but not including periods of active duty for training; or

  (C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days.
• 5 U.S.C. § 3501(b)

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  (b) Except as otherwise provided by this subsection and section 3504 of this title, this subchapter applies to each employee in or under an Executive agency. This subchapter does not apply to an employee whose appointment is required by Congress to be confirmed by, or made with the advice and consent of, the Senate or to a member of the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.
• 5 U.S.C. § 3502(a)

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  (a) The Office of Personnel Management shall prescribe regulations for the release of competing employees in a reduction in force which give due effect to—

  (1) tenure of employment;

  (2) military preference, subject to section 3501(a)(3) of this title;

  (3) length of service; and

  (4) efficiency or performance ratings.

  In computing length of service, a competing employee—

  (A) who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces;

  (B) who is a retired member of a uniformed service is entitled to credit for—

  (i) the length of time in active service in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or

  (ii) the total length of time in active service in the armed forces if he is included under section 3501(a)(3)(A), (B), or (C) of this title; and

  (C) is entitled to credit for—

  (i) service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or association of producers described in section 10(b) of the Agricultural Adjustment Act; and

  (ii) service rendered as an employee described in section 2105(c) if such employee moves or has moved, on or after January 1, 1966, without a break in service of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).
• 5 U.S.C. § 3502(a)(C)(i)

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  (i) service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or association of producers described in section 10(b) of the Agricultural Adjustment Act; and
• 5 U.S.C. § 3502(a)(C)(ii)

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  (ii) service rendered as an employee described in section 2105(c) if such employee moves or has moved, on or after January 1, 1966, without a break in service of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).
• 5 U.S.C. § 3502(c)

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  (c) An employee who is entitled to retention preference and whose performance has not been rated unacceptable under a performance appraisal system implemented under chapter 43 of this title is entitled to be retained in preference to other competing employees.
• 5 U.S.C. § 3502(d)(1)

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  (1) Except as provided under subsection (e), an employee may not be released, due to a reduction in force, unless—

  (A) such employee and such employee’s exclusive representative for collective-bargaining purposes (if any) are given written notice, in conformance with the requirements of paragraph (2), at least 60 days before such employee is so released; and

  (B) if the reduction in force would involve the separation of a significant number of employees, the requirements of paragraph (3) are met at least 60 days before any employee is so released.
• 5 U.S.C. § 3502(d)(1)(A)

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  (A) such employee and such employee’s exclusive representative for collective-bargaining purposes (if any) are given written notice, in conformance with the requirements of paragraph (2), at least 60 days before such employee is so released; and
• 5 U.S.C. § 3502(d)(1)(B)

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  (B) if the reduction in force would involve the separation of a significant number of employees, the requirements of paragraph (3) are met at least 60 days before any employee is so released.
• 5 U.S.C. § 3502(d)(2)(A)

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  (A) the personnel action to be taken with respect to the employee involved;
• 5 U.S.C. § 3502(d)(2)(C)

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  (C) a description of the procedures applicable in identifying employees for release;
• 5 U.S.C. § 3502(d)(2)(D)

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  (D) the employee’s ranking relative to other competing employees, and how that ranking was determined; and
• 5 U.S.C. § 3502(d)(3)(B)(i)

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  (i) the number of employees to be separated from service due to the reduction in force (broken down by geographic area or on such other basis as may be required under paragraph (4));
• 5 U.S.C. § 3502(f)(1)(A)

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  (A) separate from service any employee who volunteers to be separated under this subparagraph even though the employee is not otherwise subject to separation due to a reduction in force; and
• 5 U.S.C. § 3502(f)(1)(B)

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  (B) for each employee voluntarily separated under subparagraph (A), retain an employee in a similar position who would otherwise be separated due to a reduction in force.
• 5 U.S.C. § 3502(f)(2)

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  (2) The separation of an employee under paragraph (1)(A) shall be treated as an involuntary separation due to a reduction in force.
• 5 U.S.C. § 3502(f)(3)

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  (3) An employee with critical knowledge and skills (as defined by the Secretary concerned) may not participate in a voluntary separation under paragraph (1)(A) if the Secretary concerned determines that such participation would impair the performance of the mission of the Department of Defense or the military department concerned.
• 5 U.S.C. § 3503(a)

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  (a) When a function is transferred from one agency to another, each competing employee in the function shall be transferred to the receiving agency for employment in a position for which he is qualified before the receiving agency may make an appointment from another source to that position.
• 5 U.S.C. § 3503(b)

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  (b) When one agency is replaced by another, each competing employee in the agency to be replaced shall be transferred to the replacing agency for employment in a position for which he is qualified before the replacing agency may make an appointment from another source to that position.
• 5 U.S.C. § 3521(2)

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  (2) “employee”—

  (A) means an employee as defined under section 2105 employed by an agency 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)) 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 under subchapter III of chapter 83 or 84 or another retirement system for employees of the Government;

  (ii) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under subchapter III of chapter 83 or 84 or another retirement system for employees of the Government;

  (iii) an employee who is in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance;

  (iv) an employee who has previously received any voluntary separation incentive payment from the Federal Government under this subchapter or any other authority;

  (v) an employee covered by statutory reemployment rights who is on transfer employment with another organization; or

  (vi) any employee who—

  (I) during the 36-month period preceding the date of separation of that employee, performed service for which a student loan repayment benefit was or is to be paid under section 5379;

  (II) during the 24-month period preceding the date of separation of that employee, performed service for which a recruitment or relocation bonus was or is to be paid under section 5753; or

  (III) during the 12-month period preceding the date of separation of that employee, performed service for which a retention bonus was or is to be paid under section 5754.
• 5 U.S.C. § 3521(2)(A)

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  (A) means an employee as defined under section 2105 employed by an agency 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)) 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
• 5 U.S.C. § 3521(2)(B)(i)

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  (i) a reemployed annuitant under subchapter III of chapter 83 or 84 or another retirement system for employees of the Government;
• 5 U.S.C. § 3521(2)(B)(ii)

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  (ii) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under subchapter III of chapter 83 or 84 or another retirement system for employees of the Government;
• 5 U.S.C. § 3521(2)(B)(iii)

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  (iii) an employee who is in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance;
• 5 U.S.C. § 3521(2)(B)(iv)

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  (iv) an employee who has previously received any voluntary separation incentive payment from the Federal Government under this subchapter or any other authority;
• 5 U.S.C. § 3521(2)(B)(v)

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  (v) an employee covered by statutory reemployment rights who is on transfer employment with another organization; or
• 5 U.S.C. § 3521(2)(B)(vi)

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  (vi) any employee who—

  (I) during the 36-month period preceding the date of separation of that employee, performed service for which a student loan repayment benefit was or is to be paid under section 5379;

  (II) during the 24-month period preceding the date of separation of that employee, performed service for which a recruitment or relocation bonus was or is to be paid under section 5753; or

  (III) during the 12-month period preceding the date of separation of that employee, performed service for which a retention bonus was or is to be paid under section 5754.
• 5 U.S.C. § 3521(2)(B)(vi)(I)

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  (I) during the 36-month period preceding the date of separation of that employee, performed service for which a student loan repayment benefit was or is to be paid under section 5379;
• 5 U.S.C. § 3521(2)(B)(vi)(II)

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  (II) during the 24-month period preceding the date of separation of that employee, performed service for which a recruitment or relocation bonus was or is to be paid under section 5753; or
• 5 U.S.C. § 3521(2)(B)(vi)(III)

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  (III) during the 12-month period preceding the date of separation of that employee, performed service for which a retention bonus was or is to be paid under section 5754.
• 5 U.S.C. § 3522(b)(2)

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  (2) a description of which categories of employees will be offered incentives;
• 5 U.S.C. § 3523(a)

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  (a) A voluntary separation incentive payment under this subchapter may be paid to an employee only as provided in the plan of an agency established under section 3522.
• 5 U.S.C. § 3523(b)(1)

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  (1) shall be offered to agency employees on the basis of—

  (A) 1 or more organizational units;

  (B) 1 or more occupational series or levels;

  (C) 1 or more geographical locations;

  (D) skills, knowledge, or other factors related to a position;

  (E) specific periods of time during which eligible employees may elect a voluntary incentive payment; or

  (F) any appropriate combination of such factors;
• 5 U.S.C. § 3523(b)(1)(E)

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  (E) specific periods of time during which eligible employees may elect a voluntary incentive payment; or
• 5 U.S.C. § 3523(b)(2)

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  (2) shall be paid in a lump sum after the employee’s separation;
• 5 U.S.C. § 3523(b)(3)(A)

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  (A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) if the employee were entitled to payment under such section (without adjustment for any previous payment made); or
• 5 U.S.C. § 3523(b)(4)

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  (4) may be made only in the case of an employee who voluntarily separates (whether by retirement or resignation) under this subchapter;
• 5 U.S.C. § 3523(b)(6)

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  (6) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595, based on another other¹ separation; and
• 5 U.S.C. § 3523(b)(7)

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  (7) shall be paid from appropriations or funds available for the payment of the basic pay of the employee.
• 5 U.S.C. § 3594(c)(1)(C)

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  (C) the placement of any career appointee under subsection (a) or (b) of this section may not be made to a position which would cause the separation or reduction in grade of any other employee.
• 5 U.S.C. § 3594(c)(2)

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  (2) An employee who is receiving basic pay under paragraph (1)(B)(ii) or (iii) of this subsection is entitled to have the basic pay rate of the employee increased by 50 percent of the amount of each increase in the maximum rate of basic pay for the grade of the position in which the employee is placed under subsection (a) or (b) of this section until the rate is equal to the rate in effect under paragraph (1)(B)(i) of this subsection for the position in which the employee is placed.
• 5 U.S.C. § 3595(e)

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  (e) The Office shall prescribe regulations under which the rights accorded to a career appointee in the event of a transfer of function are comparable to the rights accorded to a competing employee under section 3503 of this title in the event of such a transfer.
• 5 U.S.C. § 3597

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  An employee of any agency who accepts, with the consent of the head of that agency, a limited appointment in the Foreign Service under section 309 of the Foreign Service Act of 1980 is entitled, upon the expiration of that appointment, to be reemployed in that employee’s former position or in a corresponding or higher position in that agency. Upon reemployment under this section, an employee shall be entitled to any within-grade increases in pay which the employee would have received if the employee had remained in the former position in the agency.
• 5 U.S.C. § 3598(a)

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  (a) The Director of the Federal Bureau of Investigation may provide for the establishment and training of a Federal Bureau of Investigation Reserve Service (hereinafter in this section referred to as the “FBI Reserve Service”) for temporary reemployment of employees in the Bureau during periods of emergency, as determined by the Director.
• 5 U.S.C. § 3598(b)

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  (b) Membership in the FBI Reserve Service shall be limited to individuals who previously served as full-time employees of the Bureau.
• 5 U.S.C. § 3598(c)

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  (c) If an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall not be discontinued thereby. An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84.
• 5 U.S.C. § 3701(2)(A)

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  (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
• 5 U.S.C. § 3701(2)(B)

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  (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,
• 5 U.S.C. § 3702(a)

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  (a) On request from or with the agreement of a private sector organization, and with the consent of the employee concerned, the head of an agency may arrange for the assignment of an employee of the agency to a private sector organization or an employee of a private sector organization to the agency. An eligible employee is an individual who—

  (1) works in the field of information technology management;

  (2) is considered an exceptional performer by the individual’s current employer; and

  (3) is expected to assume increased information technology management responsibilities in the future.

  An employee of an agency shall be eligible to participate in this program only if the employee is employed at the GS–11 level or above (or equivalent) and is serving under a career or career-conditional appointment or an appointment of equivalent tenure in the excepted service, and applicable requirements of section 209(b) of the E-Government Act of 2002 are met with respect to the proposed assignment of such employee.
• 5 U.S.C. § 3702(b)

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  (b) Each agency that exercises its authority under this chapter shall provide for a written agreement between the agency and the employee concerned regarding the terms and conditions of the employee’s assignment. In the case of an employee of the agency, the agreement shall—

  (1) require the employee to serve in the civil service, upon completion of the assignment, for a period equal to the length of the assignment; and

  (2) provide that, in the event the employee fails to carry out the agreement (except for good and sufficient reason, as determined by the head of the agency from which assigned) the employee shall be liable to the United States for payment of all expenses of the assignment.

  An amount under paragraph (2) shall be treated as a debt due the United States.
• 5 U.S.C. § 3702(b)(1)

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  (1) require the employee to serve in the civil service, upon completion of the assignment, for a period equal to the length of the assignment; and
• 5 U.S.C. § 3702(b)(2)

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  (2) provide that, in the event the employee fails to carry out the agreement (except for good and sufficient reason, as determined by the head of the agency from which assigned) the employee shall be liable to the United States for payment of all expenses of the assignment.
• 5 U.S.C. § 3702(f)(2)

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  (2) how assignments described in section 3703 might best be used to help meet the needs of the agency for the training of employees in information technology management.
• 5 U.S.C. § 3703(a)

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  (a) An employee of an agency assigned to a private sector organization under this chapter is deemed, during the period of the assignment, to be on detail to a regular work assignment in his agency.
• 5 U.S.C. § 3703(b)

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  (b) Notwithstanding any other provision of law, an employee of an agency assigned to a private sector organization under this chapter is entitled to retain coverage, rights, and benefits under subchapter I of chapter 81, and employment during the assignment is deemed employment by the United States, except that, if the employee or the employee’s dependents receive from the private sector organization any payment under an insurance policy for which the premium is wholly paid by the private sector organization, or other benefit of any kind on account of the same injury or death, then, the amount of such payment or benefit shall be credited against any compensation otherwise payable under subchapter I of chapter 81.
• 5 U.S.C. § 3703(c)

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  (c) The assignment of an employee to a private sector organization under this chapter may be made with or without reimbursement by the private sector organization for the travel and transportation expenses to or from the place of assignment, subject to the same terms and conditions as apply with respect to an employee of a Federal agency or a State or local government under section 3375, and for the pay, or a part thereof, of the employee during assignment. Any reimbursements shall be credited to the appropriation of the agency used for paying the travel and transportation expenses or pay.
• 5 U.S.C. § 3703(d)

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  (d) The Federal Tort Claims Act and any other Federal tort liability statute apply to an employee of an agency assigned to a private sector organization under this chapter. The supervision of the duties of an employee of an agency so assigned to a private sector organization may be governed by an agreement between the agency and the organization.
• 5 U.S.C. § 3704(a)

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  (a) An employee of a private sector organization assigned to an agency under this chapter is deemed, during the period of the assignment, to be on detail to such agency.
• 5 U.S.C. § 3704(b)

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  (b) An employee of a private sector organization assigned to an agency under this chapter—

  (1) may continue to receive pay and benefits from the private sector organization from which he is assigned;

  (2) is deemed, notwithstanding subsection (a), to be an employee of the agency for the purposes of—

  (A) chapter 73;

  (B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18;

  (C) sections 1343, 1344, and 1349(b) of title 31;

  (D) the Federal Tort Claims Act and any other Federal tort liability statute;

  (E) chapter 131 of this title;

  (F) section 1043 of the Internal Revenue Code of 1986; and

  (G) chapter 21 of title 41;

  (3) may not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organization from which he is assigned; and

  (4) is subject to such regulations as the President may prescribe.

  The supervision of an employee of a private sector organization assigned to an agency under this chapter may be governed by agreement between the agency and the private sector organization concerned. Such an assignment may be made with or without reimbursement by the agency for the pay, or a part thereof, of the employee during the period of assignment, or for any contribution of the private sector organization to employee benefit systems.
• 5 U.S.C. § 3704(b)(2)

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  (2) is deemed, notwithstanding subsection (a), to be an employee of the agency for the purposes of—

  (A) chapter 73;

  (B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18;

  (C) sections 1343, 1344, and 1349(b) of title 31;

  (D) the Federal Tort Claims Act and any other Federal tort liability statute;

  (E) chapter 131 of this title;

  (F) section 1043 of the Internal Revenue Code of 1986; and

  (G) chapter 21 of title 41;
• 5 U.S.C. § 3704(c)

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  (c) An employee of a private sector organization assigned to an agency under this chapter who suffers disability or dies as a result of personal injury sustained while performing duties during the assignment shall be treated, for the purpose of subchapter I of chapter 81, as an employee as defined by section 8101 who had sustained the injury in the performance of duty, except that, if the employee or the employee’s dependents receive from the private sector organization any payment under an insurance policy for which the premium is wholly paid by the private sector organization, or other benefit of any kind on account of the same injury or death, then, the amount of such payment or benefit shall be credited against any compensation otherwise payable under subchapter I of chapter 81.
• 5 U.S.C. § 3704(d)

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  (d) A private sector organization may not charge the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee assigned to an agency under this chapter for the period of the assignment.
• 5 U.S.C. § 3705(a)

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  (a) The Chief Technology Officer of the District of Columbia may arrange for the assignment of an employee of the Office of the Chief Technology Officer to a private sector organization, or an employee of a private sector organization to such Office, in the same manner as the head of an agency under this chapter.
• 5 U.S.C. § 4101(2)

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  (2) “employee”, subject to section 4102 of this title, means—

  (A) an individual employed in or under an agency; and

  (B) a commissioned officer of the Environmental Science Services Administration;
• 5 U.S.C. § 4101(4)

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  (4) “training” means the process of providing for and making available to an employee, and placing or enrolling the employee in, a planned, prepared, and coordinated program, course, curriculum, subject, system, or routine of instruction or education, in scientific, professional, technical, mechanical, trade, clerical, fiscal, administrative, or other fields which will improve individual and organizational performance and assist in achieving the agency’s mission and performance goals;
• 5 U.S.C. § 4102(b)

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  (b) The President, at any time in the public interest, may—

  (1) except an agency or part thereof, or an employee or group or class of employees therein, from this chapter or a provision thereof (except this section); and

  (2) withdraw an exception made under this subsection.

  However, the President may not except the Office of Personnel Management from a provision of this chapter which vests in or imposes on the Office a function, duty, or responsibility concerning any matter except the establishment, operation, and maintenance, in the same capacity as other agencies, of training programs and plans for its employees.
• 5 U.S.C. § 4102(b)(1)

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  (1) except an agency or part thereof, or an employee or group or class of employees therein, from this chapter or a provision thereof (except this section); and
• 5 U.S.C. § 4103(a)

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  (a) In order to assist in achieving an agency’s mission and performance goals by improving employee and organizational performance, the head of each agency, in conformity with this chapter, shall establish, operate, maintain, and evaluate a program or programs, and a plan or plans thereunder, for the training of employees in or under the agency by, in, and through Government facilities and non-Government facilities. Each program, and plan thereunder, shall—

  (1) conform to the principles, standards, and related requirements contained in the regulations prescribed under section 4118 of this title;

  (2) provide for adequate administrative control by appropriate authority;

  (3) provide that information concerning the selection and assignment of employees for training and the applicable training limitations and restrictions be made available to employees of the agency; and

  (4) provide for the encouragement of self-training by employees by means of appropriate recognition of resultant increases in proficiency, skill, and capacity.

  Two or more agencies jointly may operate under a training program.
• 5 U.S.C. § 4103(a)(3)

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  (3) provide that information concerning the selection and assignment of employees for training and the applicable training limitations and restrictions be made available to employees of the agency; and
• 5 U.S.C. § 4103(a)(4)

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  (4) provide for the encouragement of self-training by employees by means of appropriate recognition of resultant increases in proficiency, skill, and capacity.
• 5 U.S.C. § 4103(b)(1)

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  (1) Notwithstanding any other provision of this chapter, an agency may train any employee of the agency to prepare the employee for placement in another agency if the head of the agency determines that such training would be in the interests of the Government.
• 5 U.S.C. § 4103(b)(2)

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  (2) In selecting an employee for training under this subsection, the head of the agency shall consider—

  (A) the extent to which the current skills, knowledge, and abilities of the employee may be utilized in the new position;

  (B) the employee’s capability to learn skills and acquire knowledge and abilities needed in the new position; and

  (C) the benefits to the Government which would result from such training.
• 5 U.S.C. § 4103(b)(2)(A)

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  (A) the extent to which the current skills, knowledge, and abilities of the employee may be utilized in the new position;
• 5 U.S.C. § 4103(b)(2)(B)

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  (B) the employee’s capability to learn skills and acquire knowledge and abilities needed in the new position; and
• 5 U.S.C. § 4104

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  An agency program for the training of employees by, in, and through Government facilities under this chapter shall—
• 5 U.S.C. § 4104(2)(B)

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  (B) extension to employees of the agency of training programs of other agencies.
• 5 U.S.C. § 4105

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  The head of an agency, without regard to section 6101(b) to (d) of title 41, may make agreements or other arrangements for the training of employees of the agency by, in, or through non-Government facilities under this chapter.
• 5 U.S.C. § 4107(a)

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  (a) Subject to subsection (b), an agency may select and assign an employee to academic degree training and may pay or reimburse the costs of academic degree training from appropriated or other available funds if such training—

  (1) contributes significantly to—

  (A) meeting an identified agency training need;

  (B) resolving an identified agency staffing problem; or

  (C) accomplishing goals in the strategic plan of the agency;

  (2) is part of a planned, systemic, and coordinated agency employee development program linked to accomplishing the strategic goals of the agency; and

  (3) is accredited and is provided by a college or university that is accredited by a nationally recognized body.
• 5 U.S.C. § 4107(a)(2)

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  (2) is part of a planned, systemic, and coordinated agency employee development program linked to accomplishing the strategic goals of the agency; and
• 5 U.S.C. § 4107(b)(1)(B)

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  (B) provide employees effective education and training to improve organizational and individual performance;
• 5 U.S.C. § 4107(b)(2)

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  (2) assure that the training is not for the sole purpose of providing an employee an opportunity to obtain an academic degree or qualify for appointment to a particular position for which the academic degree is a basic requirement;
• 5 U.S.C. § 4107(b)(3)

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  (3) assure that no authority under this subsection is exercised on behalf of any employee occupying or seeking to qualify for—

  (A) a noncareer appointment in the senior Executive Service; or

  (B) appointment to any position that is excepted from the competitive service because of its confidential policy-determining, policy-making or policy-advocating character; and
• 5 U.S.C. § 4108(a)

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  (a) An employee selected for training for more than a minimum period prescribed by the head of the agency shall agree in writing with the Government before assignment to training that he will—

  (1) continue in the service of his agency after the end of the training period for a period at least equal to three times the length of the training period unless he is involuntarily separated from the service of his agency; and

  (2) pay to the Government the amount of the additional expenses incurred by the Government in connection with his training if he is voluntarily separated from the service of his agency before the end of the period for which he has agreed to continue in the service of his agency.
• 5 U.S.C. § 4108(b)

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  (b) The payment agreed to under subsection (a)(2) of this section may not be required of an employee who leaves the service of his agency to enter into the service of another agency in any branch of the Government unless the head of the agency that authorized the training notifies the employee before the effective date of his entrance into the service of the other agency that payment will be required under this section.
• 5 U.S.C. § 4108(c)

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  (c) If an employee, except an employee relieved of liability under subsection (b) of this section or section 4102(b) of this title, fails to fulfill his agreement to pay to the Government the additional expenses incurred by the Government in connection with his training, a sum equal to the amount of the additional expenses of training is recoverable by the Government from the employee or his estate by—

  (1) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and

  (2) such other method as is provided by law for the recovery of amounts owing to the Government.

  The head of the agency concerned, under the regulations prescribed under section 4118 of this title, may waive in whole or in part a right of recovery under this subsection, if it is shown that the recovery would be against equity and good conscience or against the public interest.
• 5 U.S.C. § 4108(c)(1)

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  (1) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and
• 5 U.S.C. § 4109(a)(1)

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  (1) pay all or a part of the pay (except overtime, holiday, or night differential pay) of an employee of the agency selected and assigned for training under this chapter, for the period of training; and
• 5 U.S.C. § 4109(a)(2)

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  (2) pay, or reimburse the employee for, all or a part of the necessary expenses of the training, without regard to section 3324(a) and (b) of title 31, including among the expenses the necessary costs of—

  (A) travel and per diem instead of subsistence under subchapter I of chapter 57 of this title or, in the case of commissioned officers of the National Oceanic and Atmospheric Administration, sections 405 and 452 of title 37, and the Joint Travel Regulations for the Uniformed Services;

  (B) transportation of immediate family, household goods and personal effects, packing, crating, temporarily storing, draying, and unpacking under section 5724 of this title or, in the case of commissioned officers of the National Oceanic and Atmospheric Administration, sections 452 and 453(c) of title 37, and the Joint Travel Regulations for the Uniformed Services, when the estimated costs of transportation and related services are less than the estimated aggregate per diem payments for the period of training;

  (C) tuition and matriculation fees;

  (D) library and laboratory services;

  (E) purchase or rental of books, materials, and supplies; and

  (F) other services or facilities directly related to the training of the employee.
• 5 U.S.C. § 4109(a)(2)(F)

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  (F) other services or facilities directly related to the training of the employee.
• 5 U.S.C. § 4111(a)

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  (a) To the extent authorized by regulation of the President, contributions and awards incident to training in non-Government facilities, and payment of travel, subsistence, and other expenses incident to attendance at meetings, may be made to and accepted by an employee, without regard to section 209 of title 18, if the contributions, awards, and payments are made by an organization determined by the Secretary of the Treasury to be an organization described by section 501(c)(3) of title 26 which is exempt from taxation under section 501(a) of title 26.
• 5 U.S.C. § 4111(b)

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  (b) When a contribution, award, or payment, in cash or in kind, is made to an employee for travel, subsistence, or other expenses under subsection (a) of this section, an appropriate reduction, under regulations of the President, shall be made from payment by the Government to the employee for travel, subsistence, or other expenses incident to training in a non-Government facility or to attendance at a meeting.
• 5 U.S.C. § 4118(a)

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  (a) The Office of Personnel Management, after considering the needs and requirements of each agency for training its employees and after consulting with the agencies principally concerned, shall prescribe regulations containing the principles, standards, and related requirements for the programs, and plans thereunder, for the training of employees under this chapter, including requirements for coordination of and reasonable uniformity in the agency training programs and plans. The regulations shall provide for the maintenance of necessary information concerning the general conduct of the training activities of each agency, and such other information as is necessary to enable the President and Congress to discharge effectively their respective duties and responsibilities for supervision, control, and review of these training programs. The regulations also shall cover—

  (1) requirements concerning the determination and continuing review by each agency of its training needs and requirements;

  (2) the scope and conduct of the agency training programs and plans;

  (3) the selection and assignment of employees of each agency for training;

  (4) the use in each agency of the services of employees who have undergone training;

  (5) the evaluation of the results and effects of the training programs and plans;

  (6) the interchange of training information among the agencies;

  (7) the submission of reports by the agencies on results and effects of training programs and plans and economies resulting therefrom, including estimates of costs of training;

  (8) requirements and limitations necessary with respect to payments and reimbursements in accordance with section 4109 of this title; and

  (9) other matters considered appropriate or necessary by the Office to carry out the provisions of this chapter.
• 5 U.S.C. § 4118(a)(3)

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  (3) the selection and assignment of employees of each agency for training;
• 5 U.S.C. § 4118(a)(4)

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  (4) the use in each agency of the services of employees who have undergone training;
• 5 U.S.C. § 4120(a)

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  (a) The Chief of the Capitol Police may, by regulation, make applicable such provisions of this chapter as the Chief determines necessary to provide for training of employees of the Capitol Police. The regulations shall provide for training which, in the determination of the Chief, is consistent with the training provided by agencies under the preceding sections of this chapter.
• 5 U.S.C. § 4120(c)

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  (c) An employee of the Capitol Police may receive training under this section outside of the United States only with the prior approval of the Capitol Police Board. In this subsection, 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.
• 5 U.S.C. § 4121(1)

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  (1) a comprehensive management succession program to provide training to employees to develop managers for the agency; and
• 5 U.S.C. § 4121(2)(A)

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  (A) relating to employees with unacceptable performance;
• 5 U.S.C. § 4121(2)(B)

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  (B) mentoring employees and improving employee performance and productivity; and
• 5 U.S.C. § 4121(2)(C)

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  (C) conducting employee performance appraisals.
• 5 U.S.C. § 4703(a)(2)

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  (2) the methods of classifying positions and compensating employees;
• 5 U.S.C. § 4703(a)(3)

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  (3) the methods of assigning, reassigning, or promoting employees;
• 5 U.S.C. § 4703(a)(4)

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  (4) the methods of disciplining employees;
• 5 U.S.C. § 4703(a)(5)

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  (5) the methods of providing incentives to employees, including the provision of group or individual incentive bonuses or pay;
• 5 U.S.C. § 4703(a)(7)

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  (7) the methods of involving employees, labor organizations, and employee organizations in personnel decisions; and
• 5 U.S.C. § 4703(b)(1)(B)

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  (B) the types of employees or eligibles, categorized by occupational series, grade, or organizational unit;
• 5 U.S.C. § 4703(b)(1)(C)

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  (C) the number of employees or eligibles to be included, in the aggregate and by category;
• 5 U.S.C. § 4703(b)(4)(A)

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  (A) to employees who are likely to be affected by the project; and
• 5 U.S.C. § 4703(c)(2)(B)(ii)

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  (ii) providing any right or remedy available to any employee or applicant for employment in the civil service;
• 5 U.S.C. § 4703(e)

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  (e) Subject to the terms of any written agreement or contract between the Office and an agency, a demonstration project involving the agency may be terminated by the Office, or the agency, if either determines that the project creates a substantial hardship on, or is not in the best interests of, the public, the Federal Government, employees, or eligibles.
• 5 U.S.C. § 4703(f)

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  (f) Employees within a unit with respect to which a labor organization is accorded exclusive recognition under chapter 71 of this title shall not be included within any project under subsection (a) of this section—

  (1) if the project would violate a collective bargaining agreement (as defined in section 7103(8) of this title) between the agency and the labor organization, unless there is another written agreement with respect to the project between the agency and the organization permitting the inclusion; or

  (2) if the project is not covered by such a collective bargaining agreement, until there has been consultation or negotiation, as appropriate, by the agency with the labor organization.
• 5 U.S.C. § 4703(g)

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  (g) Employees within any unit with respect to which a labor organization has not been accorded exclusive recognition under chapter 71 of this title shall not be included within any proj­ect under subsection (a) of this section unless there has been agency consultation regarding the project with the employees in the unit.
• 5 U.S.C. § 4703(j)(1)

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  (1) the aggregate performance appraisal ratings and compensation costs for employees under a demonstration project;
• 5 U.S.C. § 4703(j)(2)

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  (2) an assessment of the results of the demonstration project, including its impact on mission goals, employee recruitment, retention, and satisfaction, and which may include the results of the survey authorized under section 1128 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 5 U.S.C. 7101 note), commonly referred to as the Federal Employee Viewpoint Survey, and performance management for employees; and
• 5 U.S.C. § 4703(j)(3)

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  (3) a comparison of the items listed in (1) and (2) with employees not covered by the demonstration project.
• 5 U.S.C. § 4802(b)

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  (b) The Commission may appoint and fix the compensation of such officers, attorneys, economists, examiners, and other employees as may be necessary for carrying out its functions under the securities laws as defined under section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c).
• 5 U.S.C. § 4802(c)

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  (c) Rates of basic pay for all employees of the Commission may be set and adjusted by the Commission without regard to the provisions of chapter 51 or subchapter III of chapter 53.
• 5 U.S.C. § 4802(d)

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  (d) The Commission may provide additional compensation and benefits to employees of the Commission if the same type of compensation or benefits are then being provided by any agency referred to under section 1206 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833b) or, if not then being provided, could be provided by such an agency under applicable provisions of law, rule, or regulation. In setting and adjusting the total amount of compensation and benefits for employees, the Commission shall consult with, and seek to maintain comparability with, the agencies referred to under section 1206 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833b).
• 5 U.S.C. § 5101(1)

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  (1) in determining the rate of basic pay which an employee will receive—

  (A) the principle of equal pay for substantially equal work will be followed; and

  (B) variations in rates of basic pay paid to different employees will be in proportion to substantial differences in the difficulty, responsibility, and qualification requirements of the work performed and to the contributions of employees to efficiency and economy in the service; and
• 5 U.S.C. § 5101(1)(B)

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  (B) variations in rates of basic pay paid to different employees will be in proportion to substantial differences in the difficulty, responsibility, and qualification requirements of the work performed and to the contributions of employees to efficiency and economy in the service; and
• 5 U.S.C. § 5102(a)(2)

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  (2) “employee” means an individual employed in or under an agency;
• 5 U.S.C. § 5102(a)(3)

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  (3) “position” means the work, consisting of the duties and responsibilities, assignable to an employee;
• 5 U.S.C. § 5102(b)

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  (b) Except as provided by subsections (c) and (d) of this section, this chapter applies to all civilian positions and employees in or under an agency, including positions in local boards and appeal boards within the Selective Service System and employees occupying those positions.
• 5 U.S.C. § 5102(c)(3)

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  (3) physicians, dentists, nurses, and other employees in the Veterans Health Administration of the Department of Veterans Affairs whose pay is fixed under chapter 73 of title 38;
• 5 U.S.C. § 5102(c)(4)

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  (4) teachers, school officials, and employees of the Board of Education of the District of Columbia whose pay is fixed under chapter 15 of title 31, District of Columbia Code; the chief judges and the associate judges of the Superior Court of the District of Columbia and the District of Columbia Court of Appeals; and nonjudicial employees of the District of Columbia court system whose pay is fixed under title 11 of the District of Columbia Code;
• 5 U.S.C. § 5102(c)(6)

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  (6) lighthouse keepers and civilian employees on lightships and vessels of the Coast Guard whose pay is fixed under section 432(f) and (g)¹ of title 14;
• 5 U.S.C. § 5102(c)(7)

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  (7) employees in recognized trades or crafts, or other skilled mechanical crafts, or in unskilled, semiskilled, or skilled manual-labor occupations, and other employees including foremen and supervisors in positions having trade, craft, or laboring experience and knowledge as the paramount requirement, and employees in the Bureau of Engraving and Printing whose duties are to perform or to direct manual or machine operations requiring special skill or experience, or to perform or direct the counting, examining, sorting, or other verification of the product of manual or machine operations;
• 5 U.S.C. § 5102(c)(9)

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  (9) employees of the Government Publishing Office whose pay is fixed under section 305 of title 44;
• 5 U.S.C. § 5102(c)(13)

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  (13) employees who serve without pay or at nominal rates of pay;
• 5 U.S.C. § 5102(c)(14)

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  (14) employees whose pay is not wholly from appropriated funds of the United States (other than employees of the Federal Retirement Thrift Investment Management System appointed under section 8474(c)(2) of this title), except that with respect to the Veterans’ Canteen Service, Department of Veterans Affairs, this paragraph applies only to employees necessary for the transaction of the business of the Service at canteens, warehouses, and storage depots whose employment is authorized by section 7802 of title 38;
• 5 U.S.C. § 5102(c)(15)

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  (15) employees whose pay is fixed under a cooperative agreement between the United States and—

  (A) a State or territory or possession of the United States, or political subdivision thereof; or

  (B) an individual or organization outside the service of the Government of the United States;
• 5 U.S.C. § 5102(c)(16)

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  (16) student nurses, medical or dental interns, residents-in-training, student dietitians, student physical therapists, student occupational therapists, and other student employees, assigned or attached to a hospital, clinic, or laboratory primarily for training purposes, whose pay is fixed under subchapter V of chapter 53 of this title or sections 7405 and 7406 of title 38;
• 5 U.S.C. § 5102(c)(19)

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  (19) emergency or seasonal employees whose employment is of uncertain or purely temporary duration, or who are employed for brief periods at intervals;
• 5 U.S.C. § 5102(c)(20)

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  (20) employees employed on a fee, contract, or piece work basis;
• 5 U.S.C. § 5102(c)(21)

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  (21) employees who may lawfully perform their duties concurrently with their private profession, business, or other employment, and whose duties require only a portion of their time, when it is impracticable to ascertain or anticipate the proportion of time devoted to the service of the Government of the United States;
• 5 U.S.C. § 5102(d)

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  (d) This chapter does not apply to an employee of the Office of the Architect of the Capitol whose pay is fixed by other statute. Subsection (c) of this section, except paragraph (7), does not apply to the Office of the Architect of the Capitol.
• 5 U.S.C. § 5102(e)

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  (e) Except as may be specifically provided, this chapter does not apply for pay purposes to any employee of the government of the District of Columbia during fiscal year 2006 or any succeeding fiscal year.
• 5 U.S.C. § 5103

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  The Office of Personnel Management shall determine finally the applicability of section 5102 of this title to specific positions and employees, except for positions and employees in the Office of the Architect of the Capitol.
• 5 U.S.C. § 5106(c)

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  (c) Appropriated funds may not be used to pay an employee who places a supervisory position in a class and grade solely on the basis of the size of the organization unit or the number of subordinates supervised. These factors may be given effect only to the extent warranted by the work load of the organization unit and then only in combination with other factors, such as the kind, difficulty, and complexity of work supervised, the degree and scope of responsibility delegated to the supervisor, and the kind, degree, and character of the supervision exercised.
• 5 U.S.C. § 5109(a)

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  (a) The position held by an employee of the Department of Agriculture while he, under section 450d of title 7,¹ is designated and vested with a delegated regulatory function or part thereof shall be classified in accordance with this chapter, but not lower than GS–14.
• 5 U.S.C. § 5112(b)

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  (b) An employee affected or an agency may request at any time that the Office exercise the authority granted to it by subsection (a) of this section and the Office shall act on the request.
• 5 U.S.C. § 5113(3)

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  (3) interview employees of the agency who have knowledge of the duties and responsibilities of positions and information as to the reasons for placing a position in a class or grade.
• 5 U.S.C. § 5301

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  It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that—
• 5 U.S.C. § 5301(4)

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  (4) any existing pay disparities between Federal and non-Federal employees should be completely eliminated.
• 5 U.S.C. § 5302(6)

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  (6) the term “pay disparity”, as used with respect to a locality, means the extent to which rates of pay payable under the General Schedule are generally lower than the rates paid for the same levels of work by non-Federal workers in the same locality; except as otherwise required in this subchapter, a pay disparity shall be expressed as a single percentage which, if uniformly applied to employees within the locality who are receiving rates of pay under the General Schedule, would cause the rates payable to such employees to become substantially equal (when considered in the aggregate) to the rates paid to non-Federal workers for the same levels of work in the same locality;
• 5 U.S.C. § 5303(b)(3)

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  (3) The President shall include in the report to Congress under paragraph (1)(A) his assessment of the impact that the alternative pay adjustments under this subsection will have on the Government’s ability to recruit and retain well-qualified employees.
• 5 U.S.C. § 5304(c)(1)(B)

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  (B) shall, for any employee entitled to receive a comparability payment, be computed by applying that percentage to such employee’s scheduled rate of basic pay (or, if lower due to a limitation on the rate payable, the rate actually payable), subject to subsection (g).
• 5 U.S.C. § 5304(c)(2)(B)

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  (B) shall be paid in the same manner and at the same time as the basic pay payable to such employee pursuant to any provision of law outside of this section.
• 5 U.S.C. § 5304(c)(4)(A)

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  (A) Only employees receiving scheduled rates of basic pay (subject to any pay limitation which may apply) shall be eligible for comparability payments under this section.
• 5 U.S.C. § 5304(e)(1)

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  (1) The President shall establish a Federal Salary Council of 9 members, of whom—

  (A) 3 shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy; and

  (B) 6 shall be representatives of employee organizations which represent substantial numbers of employees holding General Schedule positions, and who shall be selected giving due consideration to such factors as the relative numbers of employees represented by the various organizations, except that not more than 3 members of the Council at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations.

  Members of the Council shall not receive pay by reason of their service on the Council, nor shall members who are not otherwise employees of the United States be considered employees by reason of any such service. However, members under subparagraph (A) may be paid expenses in accordance with section 5703. The President shall designate one of the members to serve as Chairman of the Federal Salary Council. One of the 3 members under subparagraph (A) may be the Chairman of the Federal Prevailing Rate Advisory Committee, notwithstanding the restriction under section 5347(a)(1), and such individual may also be designated to serve as Chairman of the Federal Salary Council.
• 5 U.S.C. § 5304(e)(1)(B)

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  (B) 6 shall be representatives of employee organizations which represent substantial numbers of employees holding General Schedule positions, and who shall be selected giving due consideration to such factors as the relative numbers of employees represented by the various organizations, except that not more than 3 members of the Council at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations.
• 5 U.S.C. § 5304(g)(1)

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  (1) Except as provided in paragraph (2), comparability payments may not be paid at a rate which, when added to the rate of basic pay otherwise payable to the employee involved, would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule.
• 5 U.S.C. § 5304(h)(2)(A)

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  (A) Notwithstanding subsection (c)(4) or any other provision of this section, but subject to subparagraph (B) and paragraph (3), upon the request of the head of an Executive agency with respect to 1 or more categories of positions, the President may provide that each employee of such agency who holds a position within such category, and within the particular locality involved, shall be entitled to receive comparability payments.
• 5 U.S.C. § 5304(h)(2)(C)

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  (C) Notwithstanding subsection (c)(4) or any other provision of law, but subject to paragraph (3), in the case of a category with positions that are in more than 1 Executive agency, the President may, on his own initiative, provide that each employee who holds a position within such category, and in the locality involved, shall be entitled to receive comparability payments. No later than 30 days before an employee receives comparability payments under this subparagraph, the President or the President’s designee shall submit a detailed report to the Congress justifying the reasons for the extension, including consideration of recruitment and retention rates and the expense of extending locality pay.
• 5 U.S.C. § 5304(i)

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  (i) The Office of Personnel Management may prescribe regulations, consistent with the provisions of this section, governing the payment of comparability payments to employees.
• 5 U.S.C. § 5305(a)(2)

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  (2) The head of an agency may determine that a category of employees of the agency will not be covered by a special rate authorization established under this section. The head of an agency shall provide written notice to the Office of Personnel Management (or other agency designated by the President to authorize special rates under the last sentence of paragraph (1)) which identifies the specific category or categories of employees that will not be covered by special rates authorized under this section. If the head of an agency removes a category of employees from coverage under a special rate authorization after that authorization takes effect, the loss of coverage will take effect on the first day of the first pay period after the date of the notice.
• 5 U.S.C. § 5305(f)

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  (f) When a schedule of special rates established under this section is adjusted under subsection (d), a covered employee’s special rate will be adjusted in accordance with conversion rules prescribed by the Office of Personnel Management (or by such other agency as the President may under the last sentence of subsection (a)(1) designate).
• 5 U.S.C. § 5305(h)

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  (h) An employee shall not for any purpose be considered to be entitled to a rate of pay established under this section with respect to any period for which such employee is entitled to a higher rate of basic pay under any other provision of law. For purposes of this subsection, the term “basic pay” includes any applicable locality-based comparability payment under section 5304 or similar provision of law.
• 5 U.S.C. § 5305(i)

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  (i) If an employee who is receiving a rate of pay under this section becomes subject, by virtue of moving to a new official duty station, to a different pay schedule, such employee’s new rate of pay shall be initially established under conversion rules prescribed by the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) in conformance with the following:

  (1) First, determine the rate of pay to which such employee would be entitled at the new official duty station based on such employee’s position, grade, and step (or relative position in the rate range) before the move.

  (2) Then, if (in addition to the change in pay schedule) the move also involves any personnel action or other change requiring a rate adjustment under any other provision of law, rule, or regulation, apply the applicable rate adjustment provisions, treating the rate determined under paragraph (1) as if it were the rate last received by the employee before the rate adjustment.
• 5 U.S.C. § 5305(i)(1)

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  (1) First, determine the rate of pay to which such employee would be entitled at the new official duty station based on such employee’s position, grade, and step (or relative position in the rate range) before the move.
• 5 U.S.C. § 5305(i)(2)

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  (2) Then, if (in addition to the change in pay schedule) the move also involves any personnel action or other change requiring a rate adjustment under any other provision of law, rule, or regulation, apply the applicable rate adjustment provisions, treating the rate determined under paragraph (1) as if it were the rate last received by the employee before the rate adjustment.
• 5 U.S.C. § 5306(a)(1)(A)

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  (A) employees in the legislative, executive, and judicial branches of the Government of the United States (except employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) and of the government of the District of Columbia, whose rates of pay are fixed by administrative action under law and are not otherwise adjusted under this subchapter;
• 5 U.S.C. § 5306(a)(1)(B)

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  (B) employees under the Architect of the Capitol, whose rates of pay are fixed under section 166b–3a¹ of title 40, and the Superintendent of Garages, House office buildings; and
• 5 U.S.C. § 5306(a)(2)

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  (2) and minimum or maximum rate of pay (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule as a result of a pay adjustment under section 5303 (or prior corresponding provision of law)), and any monetary limitation on or monetary allowance for pay, applicable to employees described in subparagraphs (A), (B), and (C) of paragraph (1);
• 5 U.S.C. § 5306(c)

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  (c) This section does not authorize any adjustment in the rates of pay of employees whose rates of pay are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices.
• 5 U.S.C. § 5307(a)(1)

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  (1) Except as otherwise permitted by or under law, or as otherwise provided under subsection (d), no allowance, differential, bonus, award, or other similar cash payment under this title may be paid to an employee in a calendar year if, or to the extent that, when added to the total basic pay paid or payable to such employee for service performed in such calendar year as an employee in the executive branch (or as an employee outside the executive branch to whom chapter 51 applies), such payment would cause the total to exceed the annual rate of basic pay payable for level I of the Executive Schedule, as of the end of such calendar year.
• 5 U.S.C. § 5307(b)(1)

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  (1) Any amount which is not paid to an employee in a calendar year because of the limitation under subsection (a) shall be paid to such employee in a lump sum at the beginning of the following calendar year.
• 5 U.S.C. § 5307(c)

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  (c) The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section (subject to subsection (d)), including regulations (consistent with section 5582) concerning how a lump-sum payment under subsection (b) shall be made with respect to any employee who dies before an amount payable to such employee under subsection (b) is made.
• 5 U.S.C. § 5307(d)(1)

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  (1) Notwithstanding any other provision of this section, subsection (a)(1) shall be applied by substituting “the total annual compensation payable to the Vice President under section 104 of title 3” for “the annual rate of basic pay payable for level I of the Executive Schedule” in the case of any employee who—

  (A) is paid under section 5376 or 5383 of this title, section 332(f), 603, or 604 of title 28, or section 108 of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 1849); and

  (B) holds a position in or under an agency which is described in paragraph (2).
• 5 U.S.C. § 5307(d)(4)

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  (4) Notwithstanding any provision of paragraph (3), any regulations, certifications, or other measures necessary to carry out this subsection with respect to employees within the judicial branch shall be the responsibility of the Director of the Administrative Office of the United States Courts. However, the regulations under this paragraph shall be consistent with those promulgated under paragraph (3).
• 5 U.S.C. § 5307(d)(5)(A)(i)

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  (i) with respect to employees of the Library of Congress shall be the responsibility of the Librarian of Congress;
• 5 U.S.C. § 5307(d)(5)(A)(ii)

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  (ii) with respect to employees of the Office of the Architect of the Capitol shall be the responsibility of the Architect of the Capitol; and
• 5 U.S.C. § 5307(d)(5)(A)(iii)

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  (iii) with respect to employees of the Government Publishing Office shall be the responsibility of the Director of the Government Publishing Office.
• 5 U.S.C. § 5331(a)

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  (a) For the purpose of this subchapter, “agency”, “employee”, “position”, “class”, and “grade” have the meanings given them by section 5102 of this title.
• 5 U.S.C. § 5331(b)

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  (b) This subchapter applies to employees and positions to which chapter 51 applies, other than Senior Executive Service positions, positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, and positions to which section 5376 applies.
• 5 U.S.C. § 5332(a)(1)

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  (1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule.
• 5 U.S.C. § 5332a(a)(1)

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  (1) the term “firefighter” means an employee who—

  (A) is a firefighter within the meaning of section 8331(21) or section 8401(14);

  (B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would otherwise qualify if the employee had transferred directly to that position after serving as a firefighter within the meaning of that section;

  (C) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would otherwise qualify if the employee had transferred directly to that position after performing duties described in section 8401(14)(A) for at least 3 years; or

  (D) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84;
• 5 U.S.C. § 5332a(a)(1)(B)

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  (B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would otherwise qualify if the employee had transferred directly to that position after serving as a firefighter within the meaning of that section;
• 5 U.S.C. § 5332a(a)(1)(C)

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  (C) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would otherwise qualify if the employee had transferred directly to that position after performing duties described in section 8401(14)(A) for at least 3 years; or
• 5 U.S.C. § 5332a(a)(1)(D)

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  (D) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84;
• 5 U.S.C. § 5334(a)

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  (a) The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Office of Personnel Management in conformity with this subchapter and chapter 51 of this title when—

  (1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply;

  (2) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter applies to another such position;

  (3) he is demoted to a position in a lower grade;

  (4) he is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch;

  (5) his type of appointment is changed;

  (6) his employment status is otherwise changed; or

  (7) his position is changed from one grade to another grade.

  For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under section 14306(a)(2) of title 40, who was a Federal employee immediately prior to such employment by a commission and within 6 months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply.
• 5 U.S.C. § 5334(b)

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  (b) An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or transferred who is receiving basic pay at a rate in excess of the maximum rate of his grade, there is no rate in the higher grade which is at least two step-increases above his existing rate of basic pay, he is entitled to—

  (1) the maximum rate of the higher grade; or

  (2) his existing rate of basic pay, if that rate is the higher.

  If an employee so promoted or transferred is receiving basic pay at a rate saved to him under subchapter VI of this chapter on reduction in grade, he is entitled to—

  (A) basic pay at a rate two steps above the rate which he would be receiving if subchapter VI of this chapter were not applicable to him; or

  (B) his existing rate of basic pay, if that rate is the higher.

  If an employee’s rate after promotion or transfer is greater than the maximum rate of basic pay for the employee’s grade, that rate shall be treated as a retained rate under section 5363. The Office of Personnel Management shall prescribe by regulation the circumstances under which and the extent to which special rates under section 5305 (or similar provision of law) or locality-adjusted rates under section 5304 (or similar provision of law) are considered to be basic pay in applying this subsection.
• 5 U.S.C. § 5334(c)

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  (c) An employee in the legislative branch who is paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, and who has completed two or more years of service as such an employee, and a Member of the Senate or House of Representatives who has completed two or more years of service as such a Member, may, on appointment to a position to which this subchapter applies, have his initial rate of pay fixed—

  (1) at the minimum rate of the appropriate grade; or

  (2) at a step of the appropriate grade that does not exceed the highest previous rate of pay received by him during that service in the legislative branch.
• 5 U.S.C. § 5334(e)

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  (e) An employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) may, on appointment to a position subject to this subchapter, have the initial rate of basic pay of the employee fixed at—

  (1) the lowest rate of the higher grade that exceeds the rate of basic pay of the employee with the county committee by not less than 2 step-increases of the grade from which the employee was promoted, if the Federal Civil Service position under this subchapter is at a higher grade than the last grade the employee had while an employee of the county committee;

  (2) the same step of the grade as the employee last held during service with the county committee, if the Federal Civil Service position under this subchapter is at the same grade as the last grade the employee had while an employee of the county committee; or

  (3) the lowest step of the Federal grade for which the rate of basic pay is equal to or greater than the highest previous rate of pay of the employee, if the Federal Civil Service position under this subchapter is at a lower grade than the last grade the employee had while an employee of the county committee.
• 5 U.S.C. § 5334(e)(1)

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  (1) the lowest rate of the higher grade that exceeds the rate of basic pay of the employee with the county committee by not less than 2 step-increases of the grade from which the employee was promoted, if the Federal Civil Service position under this subchapter is at a higher grade than the last grade the employee had while an employee of the county committee;
• 5 U.S.C. § 5334(e)(2)

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  (2) the same step of the grade as the employee last held during service with the county committee, if the Federal Civil Service position under this subchapter is at the same grade as the last grade the employee had while an employee of the county committee; or
• 5 U.S.C. § 5334(e)(3)

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  (3) the lowest step of the Federal grade for which the rate of basic pay is equal to or greater than the highest previous rate of pay of the employee, if the Federal Civil Service position under this subchapter is at a lower grade than the last grade the employee had while an employee of the county committee.
• 5 U.S.C. § 5334(f)(1)

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  (1) An employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) who moves, without a break in service of more than 3 days, to a position in the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter, may have such employee’s initial rate of basic pay fixed at the minimum rate of the appropriate grade or at any step of such grade that does not exceed—

  (A) if the highest previous rate of basic pay received by that employee during the employee’s service described in section 2105(c) is equal to a rate of the appropriate grade, such rate of the appropriate grade;

  (B) if the employee’s highest previous rate of basic pay (as described in subparagraph (A)) is between two rates of the appropriate grade, the higher of those two rates; or

  (C) if the employee’s highest previous rate of basic pay (as described in subparagraph (A)) exceeds the maximum rate of the appropriate grade, the maximum rate of the appropriate grade.
• 5 U.S.C. § 5334(f)(1)(A)

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  (A) if the highest previous rate of basic pay received by that employee during the employee’s service described in section 2105(c) is equal to a rate of the appropriate grade, such rate of the appropriate grade;
• 5 U.S.C. § 5334(f)(1)(B)

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  (B) if the employee’s highest previous rate of basic pay (as described in subparagraph (A)) is between two rates of the appropriate grade, the higher of those two rates; or
• 5 U.S.C. § 5334(f)(1)(C)

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  (C) if the employee’s highest previous rate of basic pay (as described in subparagraph (A)) exceeds the maximum rate of the appropriate grade, the maximum rate of the appropriate grade.
• 5 U.S.C. § 5334(f)(2)

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  (2) In the case of a nonappropriated fund employee who is moved involuntarily from such nonappropriated fund instrumentality without a break in service of more than 3 days and without substantial change in duties to a position that is subject to this subchapter, the employee’s pay shall be set at a rate (not above the maximum for the grade, except as may be provided for under section 5365) that is not less than the employee’s rate of basic pay under the nonappropriated fund instrumentality immediately prior to so moving.
• 5 U.S.C. § 5334(g)

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  (g) In the case of an employee who—

  (1) moves to a new official duty station, and

  (2) by virtue of such move, becomes subject to a different pay schedule,

  any rate adjustment under the preceding provisions of this section, with respect to such employee in connection with such move, shall be made—

  (A) first, by determining the rate of pay to which such employee would be entitled at the new official duty station based on such employee’s position, grade, and step (or relative position in the rate range) before the move, and

  (B) then, by applying the provisions of this section that would otherwise apply (if any), treating the rate determined under subparagraph (A) as if it were the rate last received by the employee before the rate adjustment.
• 5 U.S.C. § 5334(g)(A)

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  (A) first, by determining the rate of pay to which such employee would be entitled at the new official duty station based on such employee’s position, grade, and step (or relative position in the rate range) before the move, and
• 5 U.S.C. § 5334(g)(B)

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  (B) then, by applying the provisions of this section that would otherwise apply (if any), treating the rate determined under subparagraph (A) as if it were the rate last received by the employee before the rate adjustment.
• 5 U.S.C. § 5335(a)

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  (a) An employee paid on an annual basis, and occupying a permanent position within the scope of the General Schedule, who has not reached the maximum rate of pay for the grade in which his position is placed, shall be advanced in pay successively to the next higher rate within the grade at the beginning of the next pay period following the completion of—

  (1) each 52 calendar weeks of service in pay rates 1, 2, and 3;

  (2) each 104 calendar weeks of service in pay rates 4, 5, and 6; or

  (3) each 156 calendar weeks of service in pay rates 7, 8, and 9;

  subject to the following conditions:

  (A) the employee did not receive an equivalent increase in pay from any cause during that period; and

  (B) the work of the employee is of an acceptable level of competence as determined by the head of the agency.
• 5 U.S.C. § 5335(a)(A)

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  (A) the employee did not receive an equivalent increase in pay from any cause during that period; and
• 5 U.S.C. § 5335(a)(B)

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  (B) the work of the employee is of an acceptable level of competence as determined by the head of the agency.
• 5 U.S.C. § 5335(b)

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  (b) Under regulations prescribed by the Office of Personnel Management, the benefit of successive step-increases shall be preserved for employees whose continuous service is interrupted in the public interest by service with the armed forces or by service in essential non-Government civilian employment during a period of war or national emergency.
• 5 U.S.C. § 5335(c)

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  (c) When a determination is made under subsection (a) of this section that the work of an employee is not of an acceptable level of competence, the employee is entitled to prompt written notice of that determination and an opportunity for reconsideration of the determination within his agency under uniform procedures prescribed by the Office of Personnel Management. If the determination is affirmed on reconsideration, the employee is entitled to appeal to the Merit Systems Protection Board. If the reconsideration or appeal results in a reversal of the earlier determination, the new determination supersedes the earlier determination and is deemed to have been made as of the date of the earlier determination. The authority of the Office to prescribe procedures and the entitlement of the employee to appeal to the Board do not apply to a determination of acceptable level of competence made by the Librarian of Congress.
• 5 U.S.C. § 5335(f)

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  (f) In computing periods of service under subsection (a) in the case of an employee who moves without a break in service of more than 3 days from a position under a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) to a position under the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter, service under such instrumentality shall, under regulations prescribed by the Office, be deemed service in a position subject to this subchapter.
• 5 U.S.C. § 5336(a)

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  (a) Within the limit of available appropriations and under regulations prescribed by the Office of Personnel Management, the head of each agency may grant additional step-increases in recognition of high quality performance above that ordinarily found in the type of position concerned. However, an employee is eligible under this section for only one additional step-increase within any 52-week period.
• 5 U.S.C. § 5342(a)(2)(B)

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  (B) an employee of a nonappropriated fund instrumentality described by section 2105(c) of this title who is employed in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or laboring experience and knowledge as the paramount requirement; and
• 5 U.S.C. § 5342(a)(2)(C)

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  (C) an employee of the Veterans’ Canteen Service, Department of Veterans Affairs, excepted from chapter 51 of this title by section 5102(c)(14) of this title who is employed in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or labor experience and knowledge as the paramount requirement; and
• 5 U.S.C. § 5342(b)(2)

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  (2) This subchapter does not apply to employees and positions described by section 5102(c) of this title other than by—

  (A) paragraph (7) of that section to the extent that such paragraph (7) applies to employees and positions other than employees and positions of the Bureau of Engraving and Printing; and

  (B) paragraph (14) of that section.
• 5 U.S.C. § 5342(b)(2)(A)

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  (A) paragraph (7) of that section to the extent that such paragraph (7) applies to employees and positions other than employees and positions of the Bureau of Engraving and Printing; and
• 5 U.S.C. § 5343(c)(1)

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  (1) that, subject to subsection (d) of this section, wages surveyed be those paid by private employers in the wage area for similar work performed by regular full-time employees, except that, for prevailing rate employees under paragraphs (B) and (C) of section 5342(a)(2) of this title, the wages surveyed shall be those paid by private employers to full-time employees in a representative number of retail, wholesale, service, and recreational establishments similar to those in which such prevailing rate employees are employed;
• 5 U.S.C. § 5343(c)(5)

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  (5) rules governing the administration of pay for individual employees on appointment, transfer, promotion, demotion, and other similar changes in employment status; and
• 5 U.S.C. § 5343(g)(1)

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  (1) For a prevailing rate employee described in section 5342(a)(2)(A) who is a wildland firefighter, as defined in section 5332a(a), the Secretary of Agriculture or the Secretary of the Interior (as applicable) shall increase the wage rates of that employee by an amount (determined at the sole and exclusive discretion of the applicable Secretary after consultation with the other Secretary) that is generally consistent with the percentage increases given to wildland firefighters in the General Schedule under section 5332a.
• 5 U.S.C. § 5343(g)(3)

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  (3) An increase under this subsection may not cause the wage rate of an employee to increase to a rate that would produce an annualized rate in excess of the annual rate for level IV of the Executive Schedule.
• 5 U.S.C. § 5347(a)(5)

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  (5) an employee of the Office of Personnel Management, designated by the Director of the Office of Personnel Management; and
• 5 U.S.C. § 5347(b)

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  (b) In designating members from among employee organizations under subsection (a)(6) of this section, the Director of the Office of Personnel Management shall designate, as nearly as practicable, a number of members from a particular employee organization in the same proportion to the total number of employee representatives appointed to the Committee under subsection (a)(6) of this section as the number of prevailing rate employees represented by such organization is to the total number of prevailing rate employees. However, there shall not be more than two members from any one employee organization nor more than four members from a single council, federation, alliance, association, or affiliation of employee organizations.
• 5 U.S.C. § 5348(b)

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  (b) The aggregate pay limitation prescribed under section 5307 shall not apply to an employee whose pay is fixed under subsection (a).
• 5 U.S.C. § 5348(c)

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  (c) Vessel employees in an area where inadequate maritime industry practice exists and vessel employees of the Corps of Engineers shall have their pay fixed and adjusted under the provisions of this subchapter other than this section, as appropriate.
• 5 U.S.C. § 5349(a)

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  (a) The pay of employees, described under section 5102(c)(7) of this title, in the Library of Congress, the Botanic Garden, the Government Publishing Office, the Government Accountability Office, the Office of the Architect of the Capitol, the Bureau of Engraving and Printing, and the government of the District of Columbia, shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and in accordance with such provisions of this subchapter, including the provisions of section 5344, relating to retroactive pay, and subchapter VI of this chapter, relating to grade and pay retention, as the pay-fixing authority of each such agency may determine. Subject to section 213(f) of title 29, the rates may not be less than the appropriate rates provided for by section 206(a)(1) of title 29. If the pay-fixing authority concerned determines that the provisions of subchapter VI of this chapter should apply to any employee under his jurisdiction, then the employee concerned shall be deemed to have satisfied the requirements of section 5361(1) of this title if the tenure of his appointment is substantially equivalent to the tenure of any appointment referred to in such paragraph.
• 5 U.S.C. § 5353

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  An agency may provide living quarters, subsistence, and laundering to student-employees while at the hospitals, clinics, or laboratories. The reasonable value of the accommodations, when furnished, shall be deducted from the stipend of the student-employee. The head of the agency concerned, and the District of Columbia Council with respect to the government of the District of Columbia, shall fix the reasonable value of the accommodations at an amount not less than the lowest deduction applicable to regular employees at the same hospital, clinic, or laboratory for similar accommodations.
• 5 U.S.C. § 5391

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  For the purposes of this subchapter, “agency”, “employee”, and “position” have the meanings given them by section 5102.
• 5 U.S.C. § 5392(c)(2)

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  (2) consider alternative approaches for determining the pay for employees in positions in such occupations or groups of occupations;
• 5 U.S.C. § 5392(c)(3)

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  (3) give thorough consideration to the views of agencies employing such employees and labor organizations representing such employees, as well as other interested parties;
• 5 U.S.C. § 5392(c)(4)

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  (4) publish a proposed plan for determining the pay of such employees in the Federal Register;
• 5 U.S.C. § 5392(d)(2)

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  (2) provide a rate of basic pay for any employee in excess of the rate payable for level V of the Executive Schedule.
• 5 U.S.C. § 5401

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  The purpose of this chapter is to promote, through the creation of a Human Capital Performance Fund, greater performance in the Federal Government. Monies from the Fund will be used to reward agencies’ highest performing and most valuable employees. This Fund will offer Federal managers a new tool to recognize employee performance that is critical to the achievement of agency missions.
• 5 U.S.C. § 5402(2)

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  (2) “employee” includes—

  (A) an individual paid under a statutory pay system defined in section 5302(1);

  (B) a prevailing rate employee, as defined in section 5342(a)(2); and

  (C) a category of employees included by the Office of Personnel Management following the review of an agency plan under section 5403(b)(1);

  but does not include—

  (i) an individual paid at an annual rate of basic pay for a level of the Executive Schedule, under subchapter II of chapter 53, or at a rate provided for one of those levels under another provision of law;

  (ii) a member of the Senior Executive Service paid under subchapter VIII of chapter 53, or an equivalent system;

  (iii) an administrative law judge paid under section 5372;

  (iv) a contract appeals board member paid under section 5372a;

  (v) an administrative appeals judge paid under section 5372b; and

  (vi) an individual in a position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; and
• 5 U.S.C. § 5402(2)(C)

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  (C) a category of employees included by the Office of Personnel Management following the review of an agency plan under section 5403(b)(1);
• 5 U.S.C. § 5404(a)(1)

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  (1) Notwithstanding any other provision of law, the Office may authorize an agency to provide human capital performance payments to individual employees based on exceptional performance contributing to the achievement of the agency mission.
• 5 U.S.C. § 5404(a)(2)

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  (2) The number of employees in an agency receiving payments from the Fund, in any year, shall not be more than the number equal to 15 percent of the agency’s average total civilian full- and part-time permanent employment for the previous fiscal year.
• 5 U.S.C. § 5404(b)(1)

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  (1) A human capital performance payment provided to an individual employee from the Fund, in any year, shall not exceed 10 percent of the employee’s rate of basic pay.
• 5 U.S.C. § 5404(b)(2)

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  (2) The aggregate of an employee’s rate of basic pay, adjusted by any locality-based comparability payments, and human capital performance pay, as defined by regulation, may not exceed the rate of basic pay for Executive Level IV in any year.
• 5 U.S.C. § 5404(b)(3)

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  (3) Any human capital performance payment provided to an employee from the Fund is in addition to any annual pay adjustment (under section 5303 or any similar provision of law) and any locality-based comparability payment that may apply.
• 5 U.S.C. § 5405(3)

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  (3) the nature, extent, duration, and adjustment of, and approval processes for, payments to individual employees under this chapter;
• 5 U.S.C. § 5406(a)(1)(B)

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  (B) a fair, credible, and transparent employee performance appraisal system;
• 5 U.S.C. § 5406(a)(1)(C)

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  (C) a link between the pay-for-performance system, the employee performance appraisal system, and the agency’s strategic plan;
• 5 U.S.C. § 5406(a)(1)(D)

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  (D) a means for ensuring employee involvement in the design and implementation of the system;
• 5 U.S.C. § 5406(a)(1)(E)

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  (E) adequate training and retraining for supervisors, managers, and employees in the implementation and operation of the pay-for-performance system;
• 5 U.S.C. § 5406(a)(1)(F)

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  (F) a process for ensuring ongoing performance feedback and dialogue between supervisors, managers, and employees throughout the appraisal period, and setting timetables for review;
• 5 U.S.C. § 5406(a)(1)(G)

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  (G) effective safeguards to ensure that the management of the system is fair and equitable and based on employee performance; and
• 5 U.S.C. § 5406(a)(3)

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  (3) make payments to individual employees in accordance with the agency’s approved plan; and
• 5 U.S.C. § 5407

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  Any payment to an employee under this section shall be part of the employee’s basic pay for the purposes of subchapter III of chapter 83, and chapters 84 and 87, and for such other purposes (other than chapter 75) as the Office shall determine by regulation.
• 5 U.S.C. § 5408

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  There is authorized to be appropriated $500,000,000 for fiscal year 2004, and, for each subsequent fiscal year, such sums as may be necessary to carry out the provisions of this chapter. In the first year of implementation, up to 10 percent of the amount appropriated to the Fund shall be available to participating agencies to train supervisors, managers, and other individuals involved in the appraisal process on using performance management systems to make meaningful distinctions in employee performance and on the use of the Fund.
• 5 U.S.C. § 5504(a)

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  (a) The pay period for an employee covers two administrative workweeks.
• 5 U.S.C. § 5504(b)

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  (b) When, in the case of an employee, it is necessary for computation of pay under this subsection to convert an annual rate of basic pay to a basic hourly, daily, weekly, or biweekly rate, the following rules govern:

  (1) To derive an hourly rate, divide the annual rate by 2,087.

  (2) To derive a daily rate, multiply the hourly rate by the number of daily hours of service required.

  (3) To derive a weekly or biweekly rate, multiply the hourly rate by 40 or 80, as the case may be.

  Rates are computed to the nearest cent, counting one-half and over as a whole cent.
• 5 U.S.C. § 5504(c)(1)

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  (1) The term “employee” means—

  (A) an employee in or under an Executive agency;

  (B) an employee in or under the Office of the Architect of the Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under section 6101(a)(5) of this title; and

  (C) an individual employed by the government of the District of Columbia.
• 5 U.S.C. § 5504(c)(1)(A)

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  (A) an employee in or under an Executive agency;
• 5 U.S.C. § 5504(c)(1)(B)

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  (B) an employee in or under the Office of the Architect of the Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under section 6101(a)(5) of this title; and
• 5 U.S.C. § 5504(c)(2)

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  (2) The term “employee” does not include—

  (A) an employee on the Isthmus of Panama in the service of the Panama Canal Commission; or

  (B) an employee or individual excluded from the definition of employee in section 5541(2) of this title other than an employee or individual excluded by clauses (ii), (iii), and (xiv) through (xvii) of such section.
• 5 U.S.C. § 5504(c)(2)(A)

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  (A) an employee on the Isthmus of Panama in the service of the Panama Canal Commission; or
• 5 U.S.C. § 5504(c)(2)(B)

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  (B) an employee or individual excluded from the definition of employee in section 5541(2) of this title other than an employee or individual excluded by clauses (ii), (iii), and (xiv) through (xvii) of such section.
• 5 U.S.C. § 5504(c)(3)

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  (3) Notwithstanding paragraph (2), an individual who otherwise would be excluded from the definition of employee shall be deemed to be an employee for purposes of this section if the individual’s employing agency so elects, under guidelines in regulations promulgated by the Office of Personnel Management under subsection (d)(2).
• 5 U.S.C. § 5504(d)(1)

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  (1) The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency.
• 5 U.S.C. § 5505

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  The pay period for an individual in the service of the United States whose pay is monthly or annual covers one calendar month, and the following rules for division of time and computation of pay for services performed govern:
• 5 U.S.C. § 5506

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  When an employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia is entitled to extra pay for services performed between or after certain named hours of the day or night, the extra pay is computed on the basis of either standard or daylight saving time, depending on the time observed by law, custom, or practice where the services are performed.
• 5 U.S.C. § 5511(a)

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  (a) Except as provided by subsection (b) of this section, the earned pay of an employee removed for cause may not be withheld or confiscated.
• 5 U.S.C. § 5511(b)

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  (b) If an employee indebted to the United States is removed for cause, the pay accruing to the employee shall be applied in whole or in part to the satisfaction of any claim or indebtedness due the United States.
• 5 U.S.C. § 5514(a)(1)

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  (1) When the head of an agency or his designee determines that an employee, member of the Armed Forces or Reserve of the Armed Forces, is indebted to the United States for debts to which the United States is entitled to be repaid at the time of the determination by the head of an agency or his designee, or is notified of such a debt by the head of another agency or his designee the amount of indebtedness may be collected in monthly installments, or at officially established pay intervals, by deduction from the current pay account of the individual. The deductions may be made from basic pay, special pay, incentive pay, retired pay, retainer pay, or, in the case of an individual not entitled to basic pay, other authorized pay. The amount deducted for any period may not exceed 15 percent of disposable pay, except that a greater percentage may be deducted upon the written consent of the individual involved. If the individual retires or resigns, or if his employment or period of active duty otherwise ends, before collection of the amount of the indebtedness is completed, deduction shall be made from subsequent payments of any nature due the individual from the agency concerned. All Federal agencies to which debts are owed and which have outstanding delinquent debts shall participate in a computer match at least annually of their delinquent debt records with records of Federal employees to identify those employees who are delinquent in repayment of those debts. The preceding sentence shall not apply to any debt under the Internal Revenue Code of 1986. Matched Federal employee records shall include, but shall not be limited to, records of active Civil Service employees government-wide, military active duty personnel, military reservists, United States Postal Service employees, employees of other government corporations, and seasonal and temporary employees. The Secretary of the Treasury shall establish and maintain an interagency consortium to implement centralized salary offset computer matching, and promulgate regulations for this program. Agencies that perform centralized salary offset computer matching services under this subsection are authorized to charge a fee sufficient to cover the full cost for such services.
• 5 U.S.C. § 5514(e)

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  (e) An employee of a nonappropriated fund instrumentality described in section 2105(c) of this title is deemed an employee covered by this section.
• 5 U.S.C. § 5515

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  An amount received by an employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate, the Chief Administrative Officer of the House of Representatives, or the Chief of the Capitol Police) or an individual employed by the government of the District of Columbia for service as a juror or witness during a period for which he is entitled to leave under section 6322(a) of this title, or is performing official duty under section 6322(b) of this title, shall be credited against pay payable to him by the United States or the District of Columbia with respect to that period.
• 5 U.S.C. § 5516(a)

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  (a) The Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the Mayor of the District of Columbia within 120 days of a request for agreement from the Mayor. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of subchapter II of chapter 15 of title 47, District of Columbia Code, in the case of employees of the agency who are subject to income taxes imposed by that subchapter and whose regular place of employment is within the District of Columbia. The agreement may not apply to pay of an employee who is not a resident of the District of Columbia as defined in subchapter II of chapter 15 of title 47, District of Columbia Code. In the case of pay for service as a member of the armed forces, the second sentence of this subsection shall be applied by substituting “who are residents of the District of Columbia” for “whose regular place of employment is within the District of Columbia”. For the purpose of this subsection, “employee” has the meaning given it by section 1551c(z) of title 47), District of Columbia Code.
• 5 U.S.C. § 5516(b)

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  (b) This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on other employers, or which subjects the United States or its employees to a penalty or liability because of this section.
• 5 U.S.C. § 5517(a)

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  (a) When a State statute—

  (1) provides for the collection of a tax either by imposing on employers generally the duty of withholding sums from the pay of employees and making returns of the sums to the State, or by granting to employers generally the authority to withhold sums from the pay of employees if any employee voluntarily elects to have such sums withheld; and

  (2) imposes the duty or grants the authority to withhold generally with respect to the pay of employees who are residents of the State;

  the Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of the State withholding statute in the case of employees of the agency who are subject to the tax and whose regular place of Federal employment is within the State with which the agreement is made. In the case of pay for service as a member of the armed forces, the preceding sentence shall be applied by substituting “who are residents of the State with which the agreement is made” for “whose regular place of Federal employment is within the State with which the agreement is made”.
• 5 U.S.C. § 5517(a)(1)

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  (1) provides for the collection of a tax either by imposing on employers generally the duty of withholding sums from the pay of employees and making returns of the sums to the State, or by granting to employers generally the authority to withhold sums from the pay of employees if any employee voluntarily elects to have such sums withheld; and
• 5 U.S.C. § 5517(a)(2)

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  (2) imposes the duty or grants the authority to withhold generally with respect to the pay of employees who are residents of the State;
• 5 U.S.C. § 5517(b)

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  (b) This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on other employers, or which subjects the United States or its employees to a penalty or liability because of this section. An agency of the United States may not accept pay from a State for services performed in withholding State income taxes from the pay of the employees of the agency.
• 5 U.S.C. § 5518

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  When—
• 5 U.S.C. § 5518(1)

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  (1) a State statute provides for the payment of employee contributions to a State employee retirement system or to a State sponsored plan providing retirement, disability, or death benefits, by withholding sums from the pay of State employees and making returns of the sums withheld to State authorities or to the person or organization designated by State authorities to receive sums withheld for the program; and
• 5 U.S.C. § 5518(2)

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  (2) individuals employed by the Army National Guard and the Air National Guard, except employees of the National Guard Bureau, are eligible for membership in a State employee retirement system or other State sponsored plan;
• 5 U.S.C. § 5519

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  An amount (other than a travel, transportation, or per diem allowance) received by an employee or individual for military service as a member of the Reserve or National Guard for a period for which he is granted military leave under section 6323(b) shall be credited against the pay payable to the employee or individual with respect to his civilian position for that period.
• 5 U.S.C. § 5520(a)

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  (a) When a city or county ordinance—

  (1) provides for the collection of a tax by imposing on employers generally the duty of withholding sums from the pay of employees and making returns of the sums to a designated city or county officer, department, or instrumentality; and

  (2) imposes the duty to withhold generally on the payment of compensation earned within the jurisdiction of the city or county in the case of employees whose regular place of employment is within such jurisdiction;

  the Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the city or county within 120 days of a request for agreement by the proper city or county official. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of the city or county ordinance in the case of any employee of the agency who is subject to the tax and (i) whose regular place of Federal employment is within the jurisdiction of the city or county with which the agreement is made or (ii) is a resident of such city or county. The agreement may not apply to pay for service as a member of the Armed Forces (other than service described in section 5517(d) of this title). The agreement may not permit withholding of a city or county tax from the pay of an employee who is not a resident of, or whose regular place of Federal employment is not within, the State in which that city or county is located unless the employee consents to the withholding.
• 5 U.S.C. § 5520(a)(1)

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  (1) provides for the collection of a tax by imposing on employers generally the duty of withholding sums from the pay of employees and making returns of the sums to a designated city or county officer, department, or instrumentality; and
• 5 U.S.C. § 5520(a)(2)

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  (2) imposes the duty to withhold generally on the payment of compensation earned within the jurisdiction of the city or county in the case of employees whose regular place of employment is within such jurisdiction;
• 5 U.S.C. § 5520(b)

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  (b) This section does not give the consent of the United States to the application of an ordinance which imposes more burdensome requirements on the United States than on other employers or which subjects the United States or its employees to a penalty or liability because of this section. An agency of the United States may not accept pay from a city or county for services performed in withholding city or county income or employment taxes from the pay of employees of the agency.
• 5 U.S.C. § 5520a(a)(2)

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  (2) “employee” means an employee of an agency (including a Member of Congress as defined under section 2106);
• 5 U.S.C. § 5520a(a)(3)(B)

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  (B) orders the employing agency of such employee to withhold an amount from the pay of such employee, and make a payment of such withholding to another person, for a specifically described satisfaction of a legal debt of the employee, or recovery of attorney’s fees, interest, or court costs; and
• 5 U.S.C. § 5520a(b)

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  (b) Subject to the provisions of this section and the provisions of section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673) pay from an agency to an employee is subject to legal process in the same manner and to the same extent as if the agency were a private person.
• 5 U.S.C. § 5520a(c)(2)

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  (2) Such legal process shall be accompanied by sufficient information to permit prompt identification of the employee and the payments involved.
• 5 U.S.C. § 5520a(d)

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  (d) Whenever any person, who is designated by law or regulation to accept service of process to which an agency is subject under this section, is effectively served with any such process or with interrogatories, such person shall respond thereto within thirty days (or within such longer period as may be prescribed by applicable State law) after the date effective service thereof is made, and shall, as soon as possible but not later than fifteen days after the date effective service is made, send written notice that such process has been so served (together with a copy thereof) to the affected employee at his or her duty station or last-known home address.
• 5 U.S.C. § 5520a(e)

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  (e) No employee whose duties include responding to interrogatories pursuant to requirements imposed by this section shall be subject to any disciplinary action or civil or criminal liability or penalty for, or on account of, any disclosure of information made by such employee in connection with the carrying out of any of such employee’s duties which pertain directly or indirectly to the answering of any such interrogatory.
• 5 U.S.C. § 5520a(g)

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  (g) Neither the United States, an agency, nor any disbursing officer shall be liable with respect to any payment made from payments due or payable to an employee pursuant to legal process regular on its face, provided such payment is made in accordance with this section and the regulations issued to carry out this section. In determining the amount of any payment due from, or payable by, an agency to an employee, there shall be excluded those amounts which would be excluded under section 462(g) of the Social Security Act (42 U.S.C. 662(g)).
• 5 U.S.C. § 5520a(h)(1)

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  (1) Subject to the provisions of paragraph (2), if an agency is served under this section with more than one legal process with respect to the same payments due or payable to an employee, then such payments shall be available, subject to section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673), to satisfy such processes in priority based on the time of service, with any such process being satisfied out of such amounts as remain after satisfaction of all such processes which have been previously served.
• 5 U.S.C. § 5520a(h)(2)

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  (2) A legal process to which an agency is subject under section 459 of the Social Security Act (42 U.S.C. 659) for the enforcement of the employee’s legal obligation to provide child support or make alimony payments, shall have priority over any legal process to which an agency is subject under this section.
• 5 U.S.C. § 5520a(j)(1)(A)

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  (A) by the President or his designee for each executive agency, except with regard to employees of the United States Postal Service, the President or, at his discretion, the Postmaster General shall promulgate such regulations;
• 5 U.S.C. § 5531(7)

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  (7) “congressional employee” has the meaning given that term by section 2107 of this title, excluding an employee of an agency in the legislative branch.
• 5 U.S.C. § 5533(c)(2)

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  (2) Notwithstanding paragraph (1) of this subsection, appropriated funds are not available for payment to an individual of pay from more than one position, for each of which the pay is disbursed by the Chief Administrative Officer of the House of Representatives or the Chief of the Capitol Police, if the aggregate gross pay from those positions exceeds the maximum per annum gross rate of pay authorized to be paid to an employee out of the clerk hire allowance of a Member of the House.
• 5 U.S.C. § 5533(d)(4)

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  (4) pay paid by the Tennessee Valley Authority to an employee performing part-time or intermittent work in addition to his normal duties when the Authority considers it to be in the interest of efficiency and economy;
• 5 U.S.C. § 5533(d)(6)

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  (6) pay paid by the United States Coast Guard to an employee occupying a part-time position of lamplighter; and
• 5 U.S.C. § 5535(b)

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  (b) An employee may not receive—

  (1) additional pay or allowances for performing the duties of another employee; or

  (2) pay in addition to the regular pay received for employment held before his appointment or designation as acting for or instead of an occupant of another position or employment.

  This subsection does not prevent a regular and permanent appointment by promotion from a lower to a higher grade of employment.
• 5 U.S.C. § 5535(b)(1)

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  (1) additional pay or allowances for performing the duties of another employee; or
• 5 U.S.C. § 5536

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  An employee or a member of a uniformed service whose pay or allowance is fixed by statute or regulation may not receive additional pay or allowance for the disbursement of public money or for any other service or duty, unless specifically authorized by law and the appropriation therefor specifically states that it is for the additional pay or allowance.
• 5 U.S.C. § 5537(a)

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  (a) An employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate, the Chief Administrative Officer of the House of Representatives, or the Chief of the Capitol Police) or an individual employed by the government of the District of Columbia may not receive fees for service—

  (1) as a juror in a court of the United States or the District of Columbia; or

  (2) as a witness on behalf of the United States or the District of Columbia.
• 5 U.S.C. § 5538(a)

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  (a) An employee who is absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services pursuant to a call or order to active duty under section 12304b of title 10 or a provision of law referred to in section 101(a)(13)(B) of title 10 shall be entitled, while serving on active duty, to receive, for each pay period described in subsection (b), an amount equal to the amount by which—

  (1) the amount of basic pay which would otherwise have been payable to such employee for such pay period if such employee’s civilian employment with the Government had not been interrupted by that service, exceeds (if at all)

  (2) the amount of pay and allowances which (as determined under subsection (d))—

  (A) is payable to such employee for that service; and

  (B) is allocable to such pay period.
• 5 U.S.C. § 5538(a)(1)

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  (1) the amount of basic pay which would otherwise have been payable to such employee for such pay period if such employee’s civilian employment with the Government had not been interrupted by that service, exceeds (if at all)
• 5 U.S.C. § 5538(a)(2)(A)

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  (A) is payable to such employee for that service; and
• 5 U.S.C. § 5538(b)

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  (b) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted)—

  (1) during which such employee is entitled to re-employment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in subsection (a)); and

  (2) for which such employee does not otherwise receive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee’s civilian employment with the Government.
• 5 U.S.C. § 5538(b)(1)

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  (1) during which such employee is entitled to re-employment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in subsection (a)); and
• 5 U.S.C. § 5538(b)(2)

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  (2) for which such employee does not otherwise receive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee’s civilian employment with the Government.
• 5 U.S.C. § 5538(c)

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  (c) Any amount payable under this section to an employee shall be paid—

  (1) by such employee’s employing agency;

  (2) from the appropriation or fund which would be used to pay the employee if such employee were in a pay status; and

  (3) to the extent practicable, at the same time and in the same manner as would basic pay if such employee’s civilian employment had not been interrupted.
• 5 U.S.C. § 5538(c)(1)

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  (1) by such employee’s employing agency;
• 5 U.S.C. § 5538(c)(2)

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  (2) from the appropriation or fund which would be used to pay the employee if such employee were in a pay status; and
• 5 U.S.C. § 5538(c)(3)

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  (3) to the extent practicable, at the same time and in the same manner as would basic pay if such employee’s civilian employment had not been interrupted.
• 5 U.S.C. § 5538(e)(1)

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  (1) The head of each agency referred to in section 2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of such agency.
• 5 U.S.C. § 5538(e)(2)

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  (2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency.
• 5 U.S.C. § 5538(f)(1)

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  (1) the terms “employee”, “Federal Government”, and “uniformed services” have the same respective meanings as given those terms in section 4303 of title 38;
• 5 U.S.C. § 5538(f)(2)

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  (2) the term “employing agency”, as used with respect to an employee entitled to any payments under this section, means the agency or other entity of the Government (including an agency referred to in section 2302(a)(2)(C)(ii)) with respect to which such employee has reemployment rights under chapter 43 of title 38; and
• 5 U.S.C. § 5595(a)(2)

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  (2) “employee” means—

  (A) an individual employed in or under an agency; and

  (B) an individual employed by a county committee established under section 590h(b) of title 16;

  but does not include—

  (i) an employee (other than a member of the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, or an employee whose pay is fixed under section 5376) whose rate of basic pay is fixed at a rate provided for one of the levels of the Executive Schedule or is in excess of the maximum rate for the Executive Schedule;

  (ii) an employee serving under an appointment with a definite time limitation, except one so appointed for full-time employment without a break in service of more than 3 days following service under an appointment without time limitation;

  (iii) an alien employee who occupies a position outside the several States, the District of Columbia, and the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979);

  (iv) an employee who is subject to subchapter III of chapter 83 of this title or any other retirement statute or retirement system applicable to an employee as defined by section 2105 of this title or a member of a uniformed service and who, at the time of separation from the service, has fulfilled the requirements for immediate annuity under such a statute or system;

  (v) an employee who, at the time of separation from the service, is receiving compensation under subchapter I of chapter 81 of this title, other than one receiving this compensation concurrently with pay or on account of the death of another individual;

  (vi) an employee who, at the time of separation from the service, is entitled to receive benefits under section 609(b)(1) of the Foreign Service Act of 1980 or any other severance pay from the Government;

  (vii) an employee of the Tennessee Valley Authority;

  (viii) an employee of the Office of the Architect of the Capitol, who is employed on a temporary when actually employed basis;

  (ix) an employee of the Government Publishing Office, who is employed on a temporary when actually employed basis; or

  (x) such other employee as may be excluded by regulations of the President or such other officer or agency as he may designate.
• 5 U.S.C. § 5595(a)(2)(i)

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  (i) an employee (other than a member of the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, or an employee whose pay is fixed under section 5376) whose rate of basic pay is fixed at a rate provided for one of the levels of the Executive Schedule or is in excess of the maximum rate for the Executive Schedule;
• 5 U.S.C. § 5595(a)(2)(ii)

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  (ii) an employee serving under an appointment with a definite time limitation, except one so appointed for full-time employment without a break in service of more than 3 days following service under an appointment without time limitation;
• 5 U.S.C. § 5595(a)(2)(iii)

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  (iii) an alien employee who occupies a position outside the several States, the District of Columbia, and the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979);
• 5 U.S.C. § 5595(a)(2)(iv)

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  (iv) an employee who is subject to subchapter III of chapter 83 of this title or any other retirement statute or retirement system applicable to an employee as defined by section 2105 of this title or a member of a uniformed service and who, at the time of separation from the service, has fulfilled the requirements for immediate annuity under such a statute or system;
• 5 U.S.C. § 5595(a)(2)(ix)

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  (ix) an employee of the Government Publishing Office, who is employed on a temporary when actually employed basis; or
• 5 U.S.C. § 5595(a)(2)(v)

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  (v) an employee who, at the time of separation from the service, is receiving compensation under subchapter I of chapter 81 of this title, other than one receiving this compensation concurrently with pay or on account of the death of another individual;
• 5 U.S.C. § 5595(a)(2)(vi)

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  (vi) an employee who, at the time of separation from the service, is entitled to receive benefits under section 609(b)(1) of the Foreign Service Act of 1980 or any other severance pay from the Government;
• 5 U.S.C. § 5595(a)(2)(vii)

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  (vii) an employee of the Tennessee Valley Authority;
• 5 U.S.C. § 5595(a)(2)(viii)

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  (viii) an employee of the Office of the Architect of the Capitol, who is employed on a temporary when actually employed basis;
• 5 U.S.C. § 5595(a)(2)(x)

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  (x) such other employee as may be excluded by regulations of the President or such other officer or agency as he may designate.
• 5 U.S.C. § 5595(b)

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  (b) Under regulations prescribed by the President or such officer or agency as he may designate, an employee who—

  (1) has been employed currently for a continuous period of at least 12 months; and

  (2) is involuntarily separated from the service, not by removal for cause on charges of misconduct, delinquency, or inefficiency;

  is entitled to be paid severance pay in regular pay periods by the agency from which separated. However, the Director of the Administrative Office of the United States Courts may prescribe regulations to effect the application and operation of this section to the agencies specified in subsection (a)(1)(E) of this section. The Architect of the Capitol may prescribe regulations to effect the application and operation of this section to the agency specified in subsection (a)(1)(F) of this section. The Director of the Government Publishing Office may prescribe regulations to effect the application and operation of this section to the agency specified in subsection (a)(1)(C) of this section.
• 5 U.S.C. § 5595(d)

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  (d) If an employee is reemployed by the Government of the United States or the government of the District of Columbia before the end of the period covered by payments of severance pay, the payments shall be discontinued beginning with the date of reemployment and the service represented by the unexpired portion of the period shall be recredited to the employee for use in any later computations of severance pay. For the purpose of subsection (b) (1) of this section, reemployment that causes severance pay to be discontinued is deemed employment continuous with that serving as the basis for severance pay.
• 5 U.S.C. § 5595(e)

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  (e) If the employee dies before the end of the period covered by payments of severance pay, the payments of severance pay with respect to the employee shall be continued as if the employee were living and shall be paid on a pay period basis to the survivor of the employee in accordance with section 5582(b) of this title.
• 5 U.S.C. § 5595(i)(1)

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  (1) In the case of an employee of the Department of Defense who is entitled to severance pay under this section, the Secretary of Defense or the Secretary of the military department concerned may, upon application by the employee, pay the total amount of the severance pay to the employee in one lump sum.
• 5 U.S.C. § 5595(i)(2)(A)

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  (A) If an employee paid severance pay in a lump sum under this subsection is reemployed by the Government of the United States or the government of the District of Columbia at such time that, had the employee been paid severance pay in regular pay periods under subsection (b), the payments of such pay would have been discontinued under subsection (d) upon such reemployment, the employee shall repay to the Department of Defense (for the military department that formerly employed the employee, if applicable) an amount equal to the amount of severance pay to which the employee was entitled under this section that would not have been paid to the employee under subsection (d) by reason of such reemployment.
• 5 U.S.C. § 5595(i)(2)(B)

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  (B) The period of service represented by an amount of severance pay repaid by an employee under subparagraph (A) shall be considered service for which severance pay has not been received by the employee under this section.
• 5 U.S.C. § 5595(i)(2)(C)

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  (C) Amounts repaid to an agency under this paragraph shall be credited to the appropriation available for the pay of employees of the agency for the fiscal year in which received. Amounts so credited shall be merged with, and shall be available for the same purposes and the same period as, the other funds in that appropriation.
• 5 U.S.C. § 5595(i)(3)

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  (3) If an employee fails to repay to an agency an amount required to be repaid under paragraph (2)(A), that amount is recoverable from the employee as a debt due the United States.
• 5 U.S.C. § 5595(j)(1)

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  (1) In the case of an employee of the Department of Energy who is entitled to severance pay under this section as a result of the establishment of the National Nuclear Security Administration, the Secretary of Energy may, upon application by the employee, pay the total amount of the severance pay to the employee in one lump sum.
• 5 U.S.C. § 5595(j)(2)(A)

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  (A) If an employee paid severance pay in a lump sum under this subsection is reemployed by the Government of the United States or the government of the District of Columbia at such time that, had the employee been paid severance pay in regular pay periods under subsection (b), the payments of such pay would have been discontinued under subsection (d) upon such reemployment, the employee shall repay to the Department of Energy an amount equal to the amount of severance pay to which the employee was entitled under this section that would not have been paid to the employee under subsection (d) by reason of such reemployment.
• 5 U.S.C. § 5595(j)(2)(B)

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  (B) The period of service represented by an amount of severance pay repaid by an employee under subparagraph (A) shall be considered service for which severance pay has not been received by the employee under this section.
• 5 U.S.C. § 5595(j)(2)(C)

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  (C) Amounts repaid to the Department of Energy under this paragraph shall be credited to the appropriation available for the pay of employees of the agency for the fiscal year in which received. Amounts so credited shall be merged with, and shall be available for the same purposes and the same period as, the other funds in that appropriation.
• 5 U.S.C. § 5595(j)(3)

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  (3) If an employee fails to repay to the Department of Energy an amount required to be repaid under paragraph (2)(A), that amount is recoverable from the employee as a debt due the United States.
• 5 U.S.C. § 5596(a)(6)

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  (6) the Architect of the Capitol, including employees of the United States Senate Restaurants; and
• 5 U.S.C. § 5596(b)(1)

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  (1) An employee of an agency who, on the basis of a timely appeal or an administrative determination (including a decision relating to an unfair labor practice or a grievance) is found by appropriate authority under applicable law, rule, regulation, or collective bargaining agreement, to have been affected by an unjustified or unwarranted personnel action which has resulted in the withdrawal or reduction of all or part of the pay, allowances, or differentials of the employee—

  (A) is entitled, on correction of the personnel action, to receive for the period for which the personnel action was in effect—

  (i) an amount equal to all or any part of the pay, allowances, or differentials, as applicable which the employee normally would have earned or received during the period if the personnel action had not occurred, less any amounts earned by the employee through other employment during that period; and

  (ii) reasonable attorney fees related to the personnel action which, with respect to any decision relating to an unfair labor practice or a grievance processed under a procedure negotiated in accordance with chapter 71 of this title, or under chapter 11 of title I of the Foreign Service Act of 1980, shall be awarded in accordance with standards established under section 7701(g) of this title; and

  (B) for all purposes, is deemed to have performed service for the agency during that period, except that—

  (i) annual leave restored under this paragraph which is in excess of the maximum leave accumulation permitted by law shall be credited to a separate leave account for the employee and shall be available for use by the employee within the time limits prescribed by regulations of the Office of Personnel Management, and

  (ii) annual leave credited under clause (i) of this subparagraph but unused and still available to the employee under regulations prescribed by the Office shall be included in the lump-sum payment under section 5551 or 5552(1) of this title but may not be retained to the credit of the employee under section 5552(2) of this title.
• 5 U.S.C. § 5596(b)(1)(A)(i)

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  (i) an amount equal to all or any part of the pay, allowances, or differentials, as applicable which the employee normally would have earned or received during the period if the personnel action had not occurred, less any amounts earned by the employee through other employment during that period; and
• 5 U.S.C. § 5596(b)(1)(B)(i)

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  (i) annual leave restored under this paragraph which is in excess of the maximum leave accumulation permitted by law shall be credited to a separate leave account for the employee and shall be available for use by the employee within the time limits prescribed by regulations of the Office of Personnel Management, and
• 5 U.S.C. § 5596(b)(1)(B)(ii)

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  (ii) annual leave credited under clause (i) of this subparagraph but unused and still available to the employee under regulations prescribed by the Office shall be included in the lump-sum payment under section 5551 or 5552(1) of this title but may not be retained to the credit of the employee under section 5552(2) of this title.
• 5 U.S.C. § 5596(c)

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  (c) The Office of Personnel Management shall prescribe regulations to carry out this section. However, the regulations are not applicable to the Tennessee Valley Authority and its employees, or to the agencies specified in subsection (a)(2) of this section.
• 5 U.S.C. § 5597(a)(3)

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  (3) the term “employee” means an employee of a defense agency, serving under an appointment without time limitation, who has been currently employed for a continuous period of at least 12 months, except that such term does not include—

  (A) a reemployed annuitant under subchapter III of chapter 83, chapter 84, or another retirement system for employees of the Government; or

  (B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A).
• 5 U.S.C. § 5597(a)(3)(A)

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  (A) a reemployed annuitant under subchapter III of chapter 83, chapter 84, or another retirement system for employees of the Government; or
• 5 U.S.C. § 5597(a)(3)(B)

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  (B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A).
• 5 U.S.C. § 5597(b)

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  (b) In order to avoid or minimize the need for involuntary separations due to a reduction in force, base closure, reorganization, transfer of function, workforce restructuring (to meet mission needs, achieve one or more strength reductions, correct skill imbalances, or reduce the number of high-grade, managerial, or supervisory positions), or other similar action affecting 1 or more defense agencies, the Secretary shall establish a program under which separation pay may be offered to encourage eligible employees to separate from service voluntarily (whether by retirement or resignation).
• 5 U.S.C. § 5597(c)

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  (c) Under the program, separation pay may be offered by a defense agency only—

  (1) with the prior consent, or on the authority, of the Secretary; and

  (2) to employees within such occupational groups or geographic locations, or subject to such other similar objective and nonpersonal limitations or conditions, as the Secretary may require.

  A determination of which employees are within the scope of an offer of separation pay shall be made only on the basis of consistent and well-documented application of the relevant criteria.
• 5 U.S.C. § 5597(c)(2)

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  (2) to employees within such occupational groups or geographic locations, or subject to such other similar objective and nonpersonal limitations or conditions, as the Secretary may require.
• 5 U.S.C. § 5597(d)(2)(A)

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  (A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) if the employee were entitled to payment under such section; or
• 5 U.S.C. § 5597(g)(1)

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  (1) An employee who receives separation pay under this section on the basis of a separation occurring on or after the date of the enactment of the Federal Workforce Restructuring Act of 1994 and accepts employment with the Government of the United States, or who commences work for an agency of the United States through a personal services contract with the United States, within 5 years after the date of the separation on which payment of the separation pay is based shall be required to repay the entire amount of the separation pay to the defense agency that paid the separation pay.
• 5 U.S.C. § 5597(h)(1)(A)

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  (A) In addition to any other payment that it is required to make under subchapter III of chapter 83 or chapter 84, the Department of Defense shall remit to the Office of Personnel Management an amount equal to 15 percent of the final basic pay of each covered employee.
• 5 U.S.C. § 5597(h)(1)(B)

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  (B) If the employee is one with respect to whom a remittance would otherwise be required under section 4(a) of the Federal Workforce Restructuring Act of 1994 based on the separation involved, the remittance under this subsection shall be instead of the remittance otherwise required under such section 4(a).
• 5 U.S.C. § 5597(h)(3)(A)

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  (A) the term “covered employee” means an employee who is subject to subchapter III of chapter 83 or chapter 84 and to whom a voluntary separation incentive has been paid under this section on the basis of a separation occurring on or after October 1, 1997; and
• 5 U.S.C. § 5597(i)(2)

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  (2) In the administration of the program under this section during fiscal year 2001, the Secretary shall ensure that not more than 1,000 employees are, as a result of workforce restructuring, separated from service in that fiscal year entitled to separation pay under this section.
• 5 U.S.C. § 5901(a)(1)

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  (1) furnish to each of these employees a uniform at a cost not to exceed $400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902); or
• 5 U.S.C. § 5901(a)(2)

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  (2) pay to each of these employees an allowance for a uniform not to exceed $400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902).
• 5 U.S.C. § 5911(a)(3)

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  (3) “employee” means an employee of an agency;
• 5 U.S.C. § 5911(b)

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  (b) The head of an agency may provide, directly or by contract, an employee stationed in the United States with quarters and facilities, when conditions of employment or of availability of quarters warrant the action.
• 5 U.S.C. § 5911(c)

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  (c) Rental rates for quarters provided for an employee under subsection (b) of this section or occupied on a rental basis by an employee or member of a uniformed service under any other provision of statute, and charges for facilities made available in connection with the occupancy of the quarters, shall be based on the reasonable value of the quarters and facilities to the employee or member concerned, in the circumstances under which the quarters and facilities are provided, occupied, or made available. The amounts of the rates and charges shall be paid by, or deducted from the pay of, the employee or member of a uniformed service, or otherwise charged against him in accordance with law. The amounts of payroll deductions for the rates and charges shall remain in the applicable appropriation or fund. When payment of the rates and charges is made by other than payroll deductions, the amounts of payment shall be credited to the Government as provided by law.
• 5 U.S.C. § 5911(d)

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  (d) When, as an incidental service in support of a program of the Government, quarters and facilities are provided by appropriate authority of the Government to an individual other than an employee or member of a uniformed service, the rates and charges therefor shall be determined in accordance with this section. The amounts of payment of the rates and charges shall be credited to the Government as provided by law.
• 5 U.S.C. § 5911(e)

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  (e) The head of an agency may not require an employee or member of a uniformed service to occupy quarters on a rental basis, unless the agency head determines that necessary service cannot be rendered, or that property of the Government cannot adequately be protected, otherwise.
• 5 U.S.C. § 5912

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  Under regulations prescribed by the head of the agency concerned and approved by the President, an employee who is a citizen of the United States permanently stationed in a foreign country may be furnished, without cost to him, living quarters, including heat, fuel, and light, in a Government owned or rented building. The rented quarters may be furnished only within the limits of appropriations made therefor.
• 5 U.S.C. § 5941(a)

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  (a) Appropriations or funds available to an Executive agency, except a Government controlled corporation, for pay of employees stationed outside the continental United States or in Alaska whose rates of basic pay are fixed by statute, are available for allowances to these employees. The allowance is based on—

  (1) living costs substantially higher than in the District of Columbia;

  (2) conditions of environment which differ substantially from conditions of environment in the continental United States and warrant an allowance as a recruitment incentive; or

  (3) both of these factors.

  The allowance may not exceed 25 percent of the rate of basic pay. Except as otherwise specifically authorized by statute, the allowance is paid only in accordance with regulations prescribed by the President establishing the rates and defining the area, groups of positions, and classes of employees to which each rate applies. Notwithstanding any preceding provision of this subsection, the cost-of-living allowance rate based on paragraph (1) shall be the cost-of-living allowance rate in effect on the date of enactment of the Non-Foreign Area Retirement Equity Assurance Act of 2009, except as adjusted under subsection (c).
• 5 U.S.C. § 5941(d)

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  (d) An employee entitled to a cost-of-living allowance under section 5924 of this title may not be paid an allowance under subsection (a) of this section based on living costs substantially higher than in the District of Columbia.
• 5 U.S.C. § 5942(a)

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  (a) Notwithstanding section 5536 of this title, an employee of an Executive department or an independent establishment who is assigned to duty, except temporary duty, at a site so remote from the nearest established communities or suitable places of residence as to require an appreciable degree of expense, hardship, and inconvenience, beyond that normally encountered in metropolitan commuting, on the part of the employee in commuting to and from his residence and such worksite, is entitled, in addition to pay otherwise due him, to an allowance of not to exceed $10 a day. The allowance shall be paid under regulations prescribed by the President establishing the rates at which the allowance will be paid and defining and designating those sites, areas, and groups of positions to which the rates apply.
• 5 U.S.C. § 5942(b)

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  (b) Under procedures prescribed by the President, the maximum allowance specified in subsection (a) may be adjusted from time to time in the interest of recruiting and retaining employees for performance of duty at remote worksites.
• 5 U.S.C. § 5942a(a)

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  (a) Notwithstanding section 5536 of this title, and under regulations prescribed by the President, an employee of an Executive agency (other than a Government corporation) who is assigned to a post of duty at Johnston Island, a possession of the United States in the Pacific Ocean, is entitled to receive a separate maintenance allowance if the head of the employing agency finds that—

  (1) it is necessary for the employee to maintain the employee’s spouse or dependents, or both, at a location other than Johnston Island—

  (A) by reason of dangerous or adverse living conditions at Johnston Island; or

  (B) for the convenience of the Federal Government; and

  (2) the allowance is needed to help the employee meet the additional expenses involved in maintaining the employee’s spouse or dependents, or both, at such other location rather than at the post.
• 5 U.S.C. § 5942a(a)(1)

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  (1) it is necessary for the employee to maintain the employee’s spouse or dependents, or both, at a location other than Johnston Island—

  (A) by reason of dangerous or adverse living conditions at Johnston Island; or

  (B) for the convenience of the Federal Government; and
• 5 U.S.C. § 5942a(a)(2)

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  (2) the allowance is needed to help the employee meet the additional expenses involved in maintaining the employee’s spouse or dependents, or both, at such other location rather than at the post.
• 5 U.S.C. § 5943(a)

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  (a) The President, under such regulations as he may prescribe, may meet losses sustained by employees and members of the uniformed services while serving in a foreign country due to the appreciation of foreign currency in its relation to the American dollar. Allowances and expenditures under this section are not subject to income taxes.
• 5 U.S.C. § 5943(b)

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  (b) Annual appropriations are authorized to carry out subsection (a) of this section and to cover any deficiency in the accounts of the Secretary of the Treasury, including interest, arising out of the arrangement approved by the President on July 27, 1933, for the conversion into foreign currency of checks and drafts of employees and members of the uniformed services for pay and expenses.
• 5 U.S.C. § 5943(c)

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  (c) Payment under subsection (a) of this section may not be made to an employee or member of a uniformed service for a period during which his check or draft was converted into foreign currency under the arrangement referred to by subsection (b) of this section.
• 5 U.S.C. § 5945

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  An employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia who is required to serve as a notary public in connection with the performance of official business is entitled to an allowance, established by the agency concerned, not in excess of the expense required to obtain the commission. Funds available to an agency concerned for personal services or general administrative expenses are available to carry out this section.
• 5 U.S.C. § 5946

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  Except as authorized by a specific appropriation, by express terms in a general appropriation, or by sections 4109 and 4110 of this title, appropriated funds may not be used for payment of—
• 5 U.S.C. § 5946(1)

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  (1) membership fees or dues of an employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia in a society or association; or
• 5 U.S.C. § 5947(a)

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  (a) An employee of the Corps of Engineers, Department of the Army, engaged in floating plant operations may be furnished quarters or subsistence, or both, on vessels, without charge, when the furnishing of the quarters or subsistence, or both, is determined to be equitable to the employee concerned, and necessary in the public interest, in connection with such operations.
• 5 U.S.C. § 5947(b)

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  (b) Notwithstanding section 5536 of this title, an employee entitled to the benefits of subsection (a) of this section while on a vessel, may be paid, in place of these benefits, an allowance for quarters or subsistence, or both, when—

  (1) adverse weather conditions or similar circumstances beyond the control of the employee or the Corps of Engineers prevent transportation of the employee from shore to the vessel; or

  (2) quarters or subsistence, or both, are not available on the vessel while it is undergoing repairs.
• 5 U.S.C. § 5947(b)(1)

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  (1) adverse weather conditions or similar circumstances beyond the control of the employee or the Corps of Engineers prevent transportation of the employee from shore to the vessel; or
• 5 U.S.C. § 5949(a)

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  (a) The head of an Executive agency may pay an employee hostile fire pay at the rate of $150 for any month in which the employee was—

  (1) subject to hostile fire or explosion of hostile mines;

  (2) on duty in an area in which the employee was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period on duty in that area, other employees were subject to hostile fire or explosion of hostile mines; or

  (3) killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action.
• 5 U.S.C. § 5949(a)(2)

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  (2) on duty in an area in which the employee was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period on duty in that area, other employees were subject to hostile fire or explosion of hostile mines; or
• 5 U.S.C. § 5949(b)

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  (b) An employee covered by subsection (a)(3) who is hospitalized for the treatment of his or her injury or wound may be paid hostile fire pay under this section for not more than three additional months during which the employee is so hospitalized.
• 5 U.S.C. § 5949(c)

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  (c) An employee may be paid hostile fire pay under this section in addition to other pay and allowances to which entitled, except that an employee may not be paid hostile fire pay under this section for periods of time during which the employee receives payment under section 5925 of this title because of exposure to political violence or payment under section 5928 of this title.
• 5 U.S.C. § 6101(a)(1)

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  (1) For the purpose of this subsection, “employee” includes an employee of the government of the District of Columbia and an employee whose pay is fixed and adjusted from time to time under section 5343 or 5349 of this title, or by a wage board or similar administrative authority serving the same purpose, but does not include an employee or individual excluded from the definition of employee in section 5541(2) of this title, except as specifically provided under this paragraph.
• 5 U.S.C. § 6101(a)(2)(A)

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  (A) establish a basic administrative workweek of 40 hours for each full-time employee in his organization; and
• 5 U.S.C. § 6101(a)(3)

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  (3) Except when the head of an Executive agency, a military department, or of the government of the District of Columbia determines that his organization would be seriously handicapped in carrying out its functions or that costs would be substantially increased, he shall provide, with respect to each employee in his organization, that—

  (A) assignments to tours of duty are scheduled in advance over periods of not less than 1 week;

  (B) the basic 40-hour workweek is scheduled on 5 days, Monday through Friday when possible, and the 2 days outside the basic workweek are consecutive;

  (C) the working hours in each day in the basic workweek are the same;

  (D) the basic nonovertime workday may not exceed 8 hours;

  (E) the occurrence of holidays may not affect the designation of the basic workweek; and

  (F) breaks in working hours of more than 1 hour may not be scheduled in a basic workday.
• 5 U.S.C. § 6101(a)(4)

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  (4) Notwithstanding paragraph (3) of this subsection, the head of an Executive agency, a military department, or of the government of the District of Columbia may establish special tours of duty, of not less than 40 hours, to enable employees to take courses in nearby colleges, universities, or other educational institutions that will equip them for more effective work in the agency. Premium pay may not be paid to an employee solely because his special tour of duty established under this paragraph results in his working on a day or at a time of day for which premium pay is otherwise authorized.
• 5 U.S.C. § 6101(a)(5)

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  (5) The Architect of the Capitol may apply this subsection to employees under the Office of the Architect of the Capitol or the Botanic Garden. The Librarian of Congress may apply this subsection to employees under the Library of Congress.
• 5 U.S.C. § 6101(b)(1)

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  (1) For the purpose of this subsection, “agency” and “employee” have the meanings given them by section 5541 of this title.
• 5 U.S.C. § 6101(b)(2)

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  (2) To the maximum extent practicable, the head of an agency shall schedule the time to be spent by an employee in a travel status away from his official duty station within the regularly scheduled workweek of the employee.
• 5 U.S.C. § 6101(c)

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  (c) The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency.
• 5 U.S.C. § 6103(b)

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  (b) For the purpose of statutes relating to pay and leave of employees, with respect to a legal public holiday and any other day declared to be a holiday by Federal statute or Executive order, the following rules apply:

  (1) Instead of a holiday that occurs on a Saturday, the Friday immediately before is a legal public holiday for—

  (A) employees whose basic workweek is Monday through Friday; and

  (B) the purpose of section 6309¹ of this title.

  (2) Instead of a holiday that occurs on a regular weekly non-workday of an employee whose basic workweek is other than Monday through Friday, except the regular weekly non-workday administratively scheduled for the employee instead of Sunday, the workday immediately before that regular weekly nonworkday is a legal public holiday for the employee.

  (3) Instead of a holiday that is designated under subsection (a) to occur on a Monday, for an employee at a duty post outside the United States whose basic workweek is other than Monday through Friday, and for whom Monday is a regularly scheduled workday, the legal public holiday is the first workday of the workweek in which the Monday designated for the observance of such holiday under subsection (a) occurs.

  This subsection, except subparagraph (B) of paragraph (1), does not apply to an employee whose basic workweek is Monday through Saturday.
• 5 U.S.C. § 6103(b)(1)(A)

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  (A) employees whose basic workweek is Monday through Friday; and
• 5 U.S.C. § 6103(b)(2)

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  (2) Instead of a holiday that occurs on a regular weekly non-workday of an employee whose basic workweek is other than Monday through Friday, except the regular weekly non-workday administratively scheduled for the employee instead of Sunday, the workday immediately before that regular weekly nonworkday is a legal public holiday for the employee.
• 5 U.S.C. § 6103(b)(3)

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  (3) Instead of a holiday that is designated under subsection (a) to occur on a Monday, for an employee at a duty post outside the United States whose basic workweek is other than Monday through Friday, and for whom Monday is a regularly scheduled workday, the legal public holiday is the first workday of the workweek in which the Monday designated for the observance of such holiday under subsection (a) occurs.
• 5 U.S.C. § 6103(c)

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  (c) January 20 of each fourth year after 1965, Inauguration Day, is a legal public holiday for the purpose of statutes relating to pay and leave of employees as defined by section 2105 of this title and individuals employed by the government of the District of Columbia employed in the District of Columbia, Montgomery and Prince Georges Counties in Maryland, Arlington and Fairfax Counties in Virginia, and the cities of Alexandria and Falls Church in Virginia. When January 20 of any fourth year after 1965 falls on Sunday, the next succeeding day selected for the public observance of the inauguration of the President is a legal public holiday for the purpose of this subsection.
• 5 U.S.C. § 6103(d)(2)

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  (2) An agency may prescribe rules under which employees on a compressed schedule may, in the case of a holiday that occurs on a regularly scheduled non-workday for such employees, and notwithstanding any other provision of law or the terms of any collective bargaining agreement, be required to observe such holiday on a workday other than as provided by subsection (b), if the agency head determines that it is necessary to do so in order to prevent an adverse agency impact.
• 5 U.S.C. § 6104

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  When a regular employee as defined by section 2105 of this title or an individual employed regularly by the government of the District of Columbia, whose pay is fixed at a daily or hourly rate, or on a piece-work basis, is relieved or prevented from working on a day—
• 5 U.S.C. § 6106

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  A recording clock may not be used to record time of an employee of an Executive department in the District of Columbia, except that the Bureau of Engraving and Printing may use such recording clocks.
• 5 U.S.C. § 6501(1)

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  (1) The term “employee” has the meaning given that term under section 2105.
• 5 U.S.C. § 6501(3)

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  (3) The term “telework” or “teleworking” refers to a work flexibility arrangement under which an employee performs the duties and responsibilities of such employee’s position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work.
• 5 U.S.C. § 6502(a)(1)(A)

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  (A) establish a policy under which eligible employees of the agency may be authorized to telework;
• 5 U.S.C. § 6502(a)(1)(B)

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  (B) determine the eligibility for all employees of the agency to participate in telework; and
• 5 U.S.C. § 6502(a)(1)(C)

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  (C) notify all employees of the agency of their eligibility to telework.
• 5 U.S.C. § 6502(a)(2)

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  (2) An employee may not telework under a policy established under this section if—

  (A) the employee has been officially disciplined for being absent without permission for more than 5 days in any calendar year; or

  (B) the employee has been officially disciplined for violations of subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties.
• 5 U.S.C. § 6502(a)(2)(A)

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  (A) the employee has been officially disciplined for being absent without permission for more than 5 days in any calendar year; or
• 5 U.S.C. § 6502(a)(2)(B)

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  (B) the employee has been officially disciplined for violations of subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties.
• 5 U.S.C. § 6502(b)(1)

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  (1) ensure that telework does not diminish employee performance or agency operations;
• 5 U.S.C. § 6502(b)(2)(A)

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  (A) is entered into between an agency manager and an employee authorized to telework, that outlines the specific work arrangement that is agreed to; and
• 5 U.S.C. § 6502(b)(2)(B)

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  (B) is mandatory in order for any employee to participate in telework;
• 5 U.S.C. § 6502(b)(3)

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  (3) provide that an employee may not be authorized to telework if the performance of that employee does not comply with the terms of the written agreement between the agency manager and that employee;
• 5 U.S.C. § 6502(b)(4)

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  (4) except in emergency situations as determined by the head of an agency, not apply to any employee of the agency whose official duties require on a daily basis (every work day)—

  (A) direct handling of secure materials determined to be inappropriate for telework by the agency head; or

  (B) on-site activity that cannot be handled remotely or at an alternate worksite;
• 5 U.S.C. § 6502(b)(6)

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  (6) enumerate the circumstances under which employees may be permitted to temporarily perform work requirements and duties from approved overseas locations, provided that, except in emergency situations as determined by the head of the agency, such circumstances shall not include a situation in which an employee’s official duties require on at least a monthly basis the direct handling of secure materials determined to be inappropriate for telework by the agency head.
• 5 U.S.C. § 6502(c)

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  (c) If an agency places an employee in investigative leave under section 6329b, the agency may require the employee to, through telework, perform duties similar to the duties that the employee performs on-site if—

  (1) the agency determines that such a requirement would not—

  (A) pose a threat to the employee or others;

  (B) result in the destruction of evidence relevant to an investigation;

  (C) result in the loss of or damage to Government property; or

  (D) otherwise jeopardize legitimate Government interests;

  (2) the employee is eligible to telework under subsections (a) and (b) of this section; and

  (3) the agency determines that it would be appropriate for the employee to perform the duties of the employee through telework.
• 5 U.S.C. § 6502(c)(1)(A)

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  (A) pose a threat to the employee or others;
• 5 U.S.C. § 6502(c)(2)

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  (2) the employee is eligible to telework under subsections (a) and (b) of this section; and
• 5 U.S.C. § 6502(c)(3)

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  (3) the agency determines that it would be appropriate for the employee to perform the duties of the employee through telework.
• 5 U.S.C. § 6503(a)(1)(A)

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  (A) employees eligible to participate in the telework program of the agency; and
• 5 U.S.C. § 6503(a)(2)

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  (2) except as provided under subsection (b), an employee has successfully completed the interactive telework training program before that employee enters into a written agreement to telework described under section 6502(b)(2);
• 5 U.S.C. § 6503(a)(3)(A)

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  (A) periodic appraisals of job performance of employees;
• 5 U.S.C. § 6503(a)(3)(B)

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  (B) training, rewarding, reassigning, promoting, reducing in grade, retaining, and removing employees;
• 5 U.S.C. § 6503(a)(4)

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  (4) when determining what constitutes diminished employee performance, the agency shall consult the performance management guidelines of the Office of Personnel Management.
• 5 U.S.C. § 6503(b)

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  (b) The head of an executive agency may provide for an exemption from the training requirements under subsection (a), if the head of that agency determines that the training would be unnecessary because the employee is already teleworking under a work arrangement in effect before the date of enactment of this chapter.
• 5 U.S.C. § 6504(b)(1)

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  (1) provide policy and policy guidance for telework in the areas of pay and leave, agency closure, performance management, official worksite, recruitment and retention, and accommodations for employees with disabilities;
• 5 U.S.C. § 6504(c)(2)(F)

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  (F) prevent inappropriate use of official time or resources that violates subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch by viewing, downloading, or exchanging pornography, including child pornography.
• 5 U.S.C. § 6505(a)

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  (a) The head of each executive agency shall designate an employee of the agency as the Telework Managing Officer. The Telework Managing Officer shall be established within the Office of the Chief Human Capital Officer or a comparable office with similar functions.
• 5 U.S.C. § 6505(b)(2)(B)

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  (B) a resource for managers and employees; and
• 5 U.S.C. § 6506(b)(2)(A)

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  (A) the degree of participation by employees of each executive agency in teleworking during the period covered by the report (and for each executive agency whose head is referred to under section 5312, the degree of participation in each bureau, division, or other major administrative unit of that agency), including—

  (i) the total number of employees in the agency;

  (ii) the number and percent of employees in the agency who are eligible to telework; and

  (iii) the number and percent of eligible employees in the agency who are teleworking—

  (I) 3 or more days per pay period;

  (II) 1 or 2 days per pay period;

  (III) once per month; and

  (IV) on an occasional, episodic, or short-term basis;
• 5 U.S.C. § 6506(b)(2)(A)(i)

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  (i) the total number of employees in the agency;
• 5 U.S.C. § 6506(b)(2)(A)(ii)

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  (ii) the number and percent of employees in the agency who are eligible to telework; and
• 5 U.S.C. § 6506(b)(2)(A)(iii)

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  (iii) the number and percent of eligible employees in the agency who are teleworking—

  (I) 3 or more days per pay period;

  (II) 1 or 2 days per pay period;

  (III) once per month; and

  (IV) on an occasional, episodic, or short-term basis;
• 5 U.S.C. § 6506(b)(2)(C)

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  (C) if the total number of employees teleworking is 10 percent higher or lower than the previous year in any agency, the reasons for the positive or negative variation;
• 5 U.S.C. § 6506(b)(2)(D)

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  (D) the agency goal for increasing participation to the extent practicable or necessary for the next reporting period, as indicated by the percent of eligible employees teleworking in each frequency category described under subparagraph (A)(iii);
• 5 U.S.C. § 6506(b)(2)(F)(vi)

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  (vi) employee attitudes and opinions regarding telework; and
• 5 U.S.C. § 7101(a)(1)

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  (1) experience in both private and public employment indicates that the statutory protection of the right of employees to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them—

  (A) safeguards the public interest,

  (B) contributes to the effective conduct of public business, and

  (C) facilitates and encourages the amicable settlements of disputes between employees and their employers involving conditions of employment; and
• 5 U.S.C. § 7101(a)(1)(C)

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  (C) facilitates and encourages the amicable settlements of disputes between employees and their employers involving conditions of employment; and
• 5 U.S.C. § 7101(a)(2)

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  (2) the public interest demands the highest standards of employee performance and the continued development and implementation of modern and progressive work practices to facilitate and improve employee performance and the efficient accomplishment of the operations of the Government.
• 5 U.S.C. § 7101(b)

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  (b) It is the purpose of this chapter to prescribe certain rights and obligations of the employees of the Federal Government and to establish procedures which are designed to meet the special requirements and needs of the Government. The provisions of this chapter should be interpreted in a manner consistent with the requirement of an effective and efficient Government.
• 5 U.S.C. § 7102

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  Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided under this chapter, such right includes the right—
• 5 U.S.C. § 7102(2)

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  (2) to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under this chapter.
• 5 U.S.C. § 7103(a)(2)

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  (2) “employee” means an individual—

  (A) employed in an agency; or

  (B) whose employment in an agency has ceased because of any unfair labor practice under section 7116 of this title and who has not obtained any other regular and substantially equivalent employment, as determined under regulations prescribed by the Federal Labor Relations Authority;

  but does not include—

  (i) an alien or noncitizen of the United States who occupies a position outside the United States;

  (ii) a member of the uniformed services;

  (iii) a supervisor or a management official;

  (iv) an officer or employee in the Foreign Service of the United States employed in the Department of State, the International Communication Agency, the Agency for International Development, the Department of Agriculture, or the Department of Commerce; or

  (v) any person who participates in a strike in violation of section 7311 of this title;
• 5 U.S.C. § 7103(a)(2)(iv)

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  (iv) an officer or employee in the Foreign Service of the United States employed in the Department of State, the International Communication Agency, the Agency for International Development, the Department of Agriculture, or the Department of Commerce; or
• 5 U.S.C. § 7103(a)(4)

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  (4) “labor organization” means an organization composed in whole or in part of employees, in which employees participate and pay dues, and which has as a purpose the dealing with an agency concerning grievances and conditions of employment, but does not include—

  (A) an organization which, by its constitution, bylaws, tacit agreement among its members, or otherwise, denies membership because of race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status, or handicapping condition;

  (B) an organization which advocates the overthrow of the constitutional form of government of the United States;

  (C) an organization sponsored by an agency; or

  (D) an organization which participates in the conduct of a strike against the Government or any agency thereof or imposes a duty or obligation to conduct, assist, or participate in such a strike;
• 5 U.S.C. § 7103(a)(9)(A)

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  (A) by any employee concerning any matter relating to the employment of the employee;
• 5 U.S.C. § 7103(a)(9)(B)

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  (B) by any labor organization concerning any matter relating to the employment of any employee; or
• 5 U.S.C. § 7103(a)(9)(C)

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  (C) by any employee, labor organization, or agency concerning—

  (i) the effect or interpretation, or a claim of breach, of a collective bargaining agreement; or

  (ii) any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment;
• 5 U.S.C. § 7103(a)(10)

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  (10) “supervisor” means an individual employed by an agency having authority in the interest of the agency to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove employees, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment, except that, with respect to any unit which includes firefighters or nurses, the term “supervisor” includes only those individuals who devote a preponderance of their employment time to exercising such authority;
• 5 U.S.C. § 7103(a)(12)

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  (12) “collective bargaining” means the performance of the mutual obligation of the representative of an agency and the exclusive representative of employees in an appropriate unit in the agency to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting such employees and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but the obligation referred to in this paragraph does not compel either party to agree to a proposal or to make a concession;
• 5 U.S.C. § 7103(a)(13)

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  (13) “confidential employee” means an employee who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations;
• 5 U.S.C. § 7103(a)(15)(A)

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  (A) an employee engaged in the performance of work—

  (i) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital (as distinguished from knowledge acquired by a general academic education, or from an apprenticeship, or from training in the performance of routine mental, manual, mechanical, or physical activities);

  (ii) requiring the consistent exercise of discretion and judgment in its performance;

  (iii) which is predominantly intellectual and varied in character (as distinguished from routine mental, manual, mechanical, or physical work); and

  (iv) which is of such character that the output produced or the result accomplished by such work cannot be standardized in relation to a given period of time; or
• 5 U.S.C. § 7103(a)(15)(B)

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  (B) an employee who has completed the courses of specialized intellectual instruction and study described in subparagraph (A)(i) of this paragraph and is performing related work under appropriate direction or guidance to qualify the employee as a professional employee described in subparagraph (A) of this paragraph;
• 5 U.S.C. § 7103(a)(16)(A)

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  (A) is certified as the exclusive representative of employees in an appropriate unit pursuant to section 7111 of this title; or
• 5 U.S.C. § 7103(a)(16)(B)

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  (B) was recognized by an agency immediately before the effective date of this chapter as the exclusive representative of employees in an appropriate unit—

  (i) on the basis of an election, or

  (ii) on any basis other than an election,

  and continues to be so recognized in accordance with the provisions of this chapter;
• 5 U.S.C. § 7103(a)(17)

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  (17) “firefighter” means any employee engaged in the performance of work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment; and
• 5 U.S.C. § 7104(f)(3)

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  (3) The General Counsel shall have direct authority over, and responsibility for, all employees in the office of General Counsel, including employees of the General Counsel in the regional offices of the Authority.
• 5 U.S.C. § 7105(a)(2)(B)

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  (B) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit and otherwise administer the provisions of section 7111 of this title relating to the according of exclusive recognition to labor organizations;
• 5 U.S.C. § 7105(d)

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  (d) The Authority shall appoint an Executive Director and such regional directors, administrative law judges under section 3105 of this title, and other individuals as it may from time to time find necessary for the proper performance of its functions. The Authority may delegate to officers and employees appointed under this subsection authority to perform such duties and make such expenditures as may be necessary.
• 5 U.S.C. § 7105(e)(1)(A)

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  (A) to determine whether a group of employees is an appropriate unit;
• 5 U.S.C. § 7106(a)(1)

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  (1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and
• 5 U.S.C. § 7106(a)(2)(A)

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  (A) to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;
• 5 U.S.C. § 7106(b)(1)

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  (1) at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;
• 5 U.S.C. § 7106(b)(3)

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  (3) appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.
• 5 U.S.C. § 7111(a)

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  (a) An agency shall accord exclusive recognition to a labor organization if the organization has been selected as the representative, in a secret ballot election, by a majority of the employees in an appropriate unit who cast valid ballots in the election.
• 5 U.S.C. § 7111(b)(1)(A)

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  (A) in the case of an appropriate unit for which there is no exclusive representative, that 30 percent of the employees in the appropriate unit wish to be represented for the purpose of collective bargaining by an exclusive representative, or
• 5 U.S.C. § 7111(b)(1)(B)

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  (B) in the case of an appropriate unit for which there is an exclusive representative, that 30 percent of the employees in the unit allege that the exclusive representative is no longer the representative of the majority of the employees in the unit; or
• 5 U.S.C. § 7111(c)(1)

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  (1) has been designated by at least 10 percent of the employees in the unit specified in any petition filed pursuant to subsection (b) of this section;
• 5 U.S.C. § 7111(c)(3)

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  (3) has submitted other evidence that it is the exclusive representative of the employees involved;
• 5 U.S.C. § 7111(d)

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  (d) The Authority shall determine who is eligible to vote in any election under this section and shall establish rules governing any such election, which shall include rules allowing employees eligible to vote the opportunity to choose—

  (1) from labor organizations on the ballot, that labor organization which the employees wish to have represent them; or

  (2) not to be represented by a labor organization.

  In any election in which no choice on the ballot receives a majority of the votes cast, a runoff election shall be conducted between the two choices receiving the highest number of votes. A labor organization which receives the majority of the votes cast in an election shall be certified by the Authority as the exclusive representative.
• 5 U.S.C. § 7111(d)(1)

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  (1) from labor organizations on the ballot, that labor organization which the employees wish to have represent them; or
• 5 U.S.C. § 7111(f)(2)

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  (2) in the case of a petition filed pursuant to subsection (b)(1)(A) of this section, if there is not credible evidence that at least 30 percent of the employees in the unit specified in the petition wish to be represented for the purpose of collective bargaining by the labor organization seeking exclusive recognition;
• 5 U.S.C. § 7111(f)(3)

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  (3) if there is then in effect a lawful written collective bargaining agreement between the agency involved and an exclusive representative (other than the labor organization seeking exclusive recognition) covering any employees included in the unit specified in the petition, unless—

  (A) the collective bargaining agreement has been in effect for more than 3 years, or

  (B) the petition for exclusive recognition is filed not more than 105 days and not less than 60 days before the expiration date of the collective bargaining agreement; or
• 5 U.S.C. § 7111(f)(4)

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  (4) if the Authority has, within the previous 12 calendar months, conducted a secret ballot election for the unit described in any petition under this section and in such election a majority of the employees voting chose a labor organization for certification as the unit’s exclusive representative.
• 5 U.S.C. § 7112(a)

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  (a) The Authority shall determine the appropriateness of any unit. The Authority shall determine in each case whether, in order to ensure employees the fullest freedom in exercising the rights guaranteed under this chapter, the appropriate unit should be established on an agency, plant, installation, functional, or other basis and shall determine any unit to be an appropriate unit only if the determination will ensure a clear and identifiable community of interest among the employees in the unit and will promote effective dealings with, and efficiency of the operations of the agency involved.
• 5 U.S.C. § 7112(b)

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  (b) A unit shall not be determined to be appropriate under this section solely on the basis of the extent to which employees in the proposed unit have organized, nor shall a unit be determined to be appropriate if it includes—

  (1) except as provided under section 7135(a)(2) of this title, any management official or supervisor;

  (2) a confidential employee;

  (3) an employee engaged in personnel work in other than a purely clerical capacity;

  (4) an employee engaged in administering the provisions of this chapter;

  (5) both professional employees and other employees, unless a majority of the professional employees vote for inclusion in the unit;

  (6) any employee engaged in intelligence, counterintelligence, investigative, or security work which directly affects national security; or

  (7) any employee primarily engaged in investigation or audit functions relating to the work of individuals employed by an agency whose duties directly affect the internal security of the agency, but only if the functions are undertaken to ensure that the duties are discharged honestly and with integrity.
• 5 U.S.C. § 7112(b)(3)

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  (3) an employee engaged in personnel work in other than a purely clerical capacity;
• 5 U.S.C. § 7112(b)(4)

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  (4) an employee engaged in administering the provisions of this chapter;
• 5 U.S.C. § 7112(b)(5)

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  (5) both professional employees and other employees, unless a majority of the professional employees vote for inclusion in the unit;
• 5 U.S.C. § 7112(b)(6)

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  (6) any employee engaged in intelligence, counterintelligence, investigative, or security work which directly affects national security; or
• 5 U.S.C. § 7112(b)(7)

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  (7) any employee primarily engaged in investigation or audit functions relating to the work of individuals employed by an agency whose duties directly affect the internal security of the agency, but only if the functions are undertaken to ensure that the duties are discharged honestly and with integrity.
• 5 U.S.C. § 7112(c)

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  (c) Any employee who is engaged in administering any provision of law relating to labor-management relations may not be represented by a labor organization—

  (1) which represents other individuals to whom such provision applies; or

  (2) which is affiliated directly or indirectly with an organization which represents other individuals to whom such provision applies.
• 5 U.S.C. § 7113(a)

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  (a) If, in connection with any agency, no labor organization has been accorded exclusive recognition on an agency basis, a labor organization which is the exclusive representative of a substantial number of the employees of the agency, as determined in accordance with criteria prescribed by the Authority, shall be granted national consultation rights by the agency. National consultation rights shall terminate when the labor organization no longer meets the criteria prescribed by the Authority. Any issue relating to any labor organization’s eligibility for, or continuation of, national consultation rights shall be subject to determination by the Authority.
• 5 U.S.C. § 7114(a)(1)

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  (1) A labor organization which has been accorded exclusive recognition is the exclusive representative of the employees in the unit it represents and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit. An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership.
• 5 U.S.C. § 7114(a)(2)(A)

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  (A) any formal discussion between one or more representatives of the agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment; or
• 5 U.S.C. § 7114(a)(2)(B)

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  (B) any examination of an employee in the unit by a representative of the agency in connection with an investigation if—

  (i) the employee reasonably believes that the examination may result in disciplinary action against the employee; and

  (ii) the employee requests representation.
• 5 U.S.C. § 7114(a)(2)(B)(i)

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  (i) the employee reasonably believes that the examination may result in disciplinary action against the employee; and
• 5 U.S.C. § 7114(a)(2)(B)(ii)

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  (ii) the employee requests representation.
• 5 U.S.C. § 7114(a)(3)

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  (3) Each agency shall annually inform its employees of their rights under paragraph (2)(B) of this subsection.
• 5 U.S.C. § 7114(a)(5)

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  (5) The rights of an exclusive representative under the provisions of this subsection shall not be construed to preclude an employee from—

  (A) being represented by an attorney or other representative, other than the exclusive representative, of the employee’s own choosing in any grievance or appeal action; or

  (B) exercising grievance or appellate rights established by law, rule, or regulation;

  except in the case of grievance or appeal procedures negotiated under this chapter.
• 5 U.S.C. § 7114(a)(5)(A)

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  (A) being represented by an attorney or other representative, other than the exclusive representative, of the employee’s own choosing in any grievance or appeal action; or
• 5 U.S.C. § 7115(a)

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  (a) If an agency has received from an employee in an appropriate unit a written assignment which authorizes the agency to deduct from the pay of the employee amounts for the payment of regular and periodic dues of the exclusive representative of the unit, the agency shall honor the assignment and make an appropriate allotment pursuant to the assignment. Any such allotment shall be made at no cost to the exclusive representative or the employee. Except as provided under subsection (b) of this section, any such assignment may not be revoked for a period of 1 year.
• 5 U.S.C. § 7115(b)

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  (b) An allotment under subsection (a) of this section for the deduction of dues with respect to any employee shall terminate when—

  (1) the agreement between the agency and the exclusive representative involved ceases to be applicable to the employee; or

  (2) the employee is suspended or expelled from membership in the exclusive representative.
• 5 U.S.C. § 7115(b)(1)

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  (1) the agreement between the agency and the exclusive representative involved ceases to be applicable to the employee; or
• 5 U.S.C. § 7115(b)(2)

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  (2) the employee is suspended or expelled from membership in the exclusive representative.
• 5 U.S.C. § 7115(c)(1)

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  (1) Subject to paragraph (2) of this subsection, if a petition has been filed with the Authority by a labor organization alleging that 10 percent of the employees in an appropriate unit in an agency have membership in the labor organization, the Authority shall investigate the petition to determine its validity. Upon certification by the Authority of the validity of the petition, the agency shall have a duty to negotiate with the labor organization solely concerning the deduction of dues of the labor organization from the pay of the members of the labor organization who are employees in the unit and who make a voluntary allotment for such purpose.
• 5 U.S.C. § 7116(a)(1)

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  (1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this chapter;
• 5 U.S.C. § 7116(a)(4)

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  (4) to discipline or otherwise discriminate against an employee because the employee has filed a complaint, affidavit, or petition, or has given any information or testimony under this chapter;
• 5 U.S.C. § 7116(b)(1)

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  (1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this chapter;
• 5 U.S.C. § 7116(b)(2)

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  (2) to cause or attempt to cause an agency to discriminate against any employee in the exercise by the employee of any right under this chapter;
• 5 U.S.C. § 7116(b)(3)

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  (3) to coerce, discipline, fine, or attempt to coerce a member of the labor organization as punishment, reprisal, or for the purpose of hindering or impeding the member’s work performance or productivity as an employee or the discharge of the member’s duties as an employee;
• 5 U.S.C. § 7116(b)(4)

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  (4) to discriminate against an employee with regard to the terms or conditions of membership in the labor organization on the basis of race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status, or handicapping condition;
• 5 U.S.C. § 7116(c)

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  (c) For the purpose of this chapter it shall be an unfair labor practice for an exclusive representative to deny membership to any employee in the appropriate unit represented by such exclusive representative except for failure—

  (1) to meet reasonable occupational standards uniformly required for admission, or

  (2) to tender dues uniformly required as a condition of acquiring and retaining membership.

  This subsection does not preclude any labor organization from enforcing discipline in accordance with procedures under its constitution or bylaws to the extent consistent with the provisions of this chapter.
• 5 U.S.C. § 7116(d)

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  (d) Issues which can properly be raised under an appeals procedure may not be raised as unfair labor practices prohibited under this section. Except for matters wherein, under section 7121(e) and (f) of this title, an employee has an option of using the negotiated grievance procedure or an appeals procedure, issues which can be raised under a grievance procedure may, in the discretion of the aggrieved party, be raised under the grievance procedure or as an unfair labor practice under this section, but not under both procedures.
• 5 U.S.C. § 7116(e)(1)

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  (1) publicizes the fact of a representational election and encourages employees to exercise their right to vote in such election,
• 5 U.S.C. § 7116(e)(3)

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  (3) informs employees of the Government’s policy relating to labor-management relations and representation,
• 5 U.S.C. § 7117(a)(3)

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  (3) Paragraph (2) of the subsection applies to any rule or regulation issued by any agency or issued by any primary national subdivision of such agency, unless an exclusive representative represents an appropriate unit including not less than a majority of the employees in the issuing agency or primary national subdivision, as the case may be, to whom the rule or regulation is applicable.
• 5 U.S.C. § 7117(d)(1)

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  (1) A labor organization which is the exclusive representative of a substantial number of employees, determined in accordance with criteria prescribed by the Authority, shall be granted consultation rights by any agency with respect to any Government-wide rule or regulation issued by the agency effecting any substantive change in any condition of employment. Such consultation rights shall terminate when the labor organization no longer meets the criteria prescribed by the Authority. Any issue relating to a labor organization’s eligibility for, or continuation of, such consultation rights shall be subject to determination by the Authority.
• 5 U.S.C. § 7118(a)(7)

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  (7) If the Authority (or any member thereof or any individual employed by the Authority and designated for such purpose) determines after any hearing on a complaint under paragraph (5) of this subsection that the preponderance of the evidence received demonstrates that the agency or labor organization named in the complaint has engaged in or is engaging in an unfair labor practice, then the individual or individuals conducting the hearing shall state in writing their findings of fact and shall issue and cause to be served on the agency or labor organization an order—

  (A) to cease and desist from any such unfair labor practice in which the agency or labor organization is engaged;

  (B) requiring the parties to renegotiate a collective bargaining agreement in accordance with the order of the Authority and requiring that the agreement, as amended, be given retroactive effect;

  (C) requiring reinstatement of an employee with backpay in accordance with section 5596 of this title; or

  (D) including any combination of the actions described in subparagraphs (A) through (C) of this paragraph or such other action as will carry out the purpose of this chapter.

  If any such order requires reinstatement of an employee with backpay, backpay may be required of the agency (as provided in section 5596 of this title) or of the labor organization, as the case may be, which is found to have engaged in the unfair labor practice involved.
• 5 U.S.C. § 7118(a)(7)(C)

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  (C) requiring reinstatement of an employee with backpay in accordance with section 5596 of this title; or
• 5 U.S.C. § 7119(c)(4)

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  (4) The Panel may appoint an Executive Director and any other individuals it may from time to time find necessary for the proper performance of its duties. Each member of the Panel who is not an employee (as defined in section 2105 of this title) is entitled to pay at a rate equal to the daily equivalent of the maximum annual rate of basic pay then currently paid under the General Schedule for each day he is engaged in the performance of official business of the Panel, including travel time, and is entitled to travel expenses as provided under section 5703 of this title.
• 5 U.S.C. § 7120(c)

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  (c) A labor organization which has or seeks recognition as a representative of employees under this chapter shall file financial and other reports with the Assistant Secretary of Labor for Labor Management Relations, provide for bonding of officials and employees of the organization, and comply with trusteeship and election standards.
• 5 U.S.C. § 7120(e)

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  (e) This chapter does not authorize participation in the management of a labor organization or acting as a representative of a labor organization by a management official, a supervisor, or a confidential employee, except as specifically provided in this chapter, or by an employee if the participation or activity would result in a conflict or apparent conflict of interest or would otherwise be incompatible with law or with the official duties of the employee.
• 5 U.S.C. § 7120(f)(1)

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  (1) revoke the exclusive recognition status of the labor organization, which shall then immediately cease to be legally entitled and obligated to represent employees in the unit; or
• 5 U.S.C. § 7121(b)(1)(C)(i)

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  (i) assure an exclusive representative the right, in its own behalf or on behalf of any employee in the unit represented by the exclusive representative, to present and process grievances;
• 5 U.S.C. § 7121(b)(1)(C)(ii)

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  (ii) assure such an employee the right to present a grievance on the employee’s own behalf, and assure the exclusive representative the right to be present during the grievance proceeding; and
• 5 U.S.C. § 7121(b)(2)(B)

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  (B) Any employee who is the subject of any disciplinary action ordered under subparagraph (A)(ii) may appeal such action to the same extent and in the same manner as if the agency had taken the disciplinary action absent arbitration.
• 5 U.S.C. § 7121(c)(5)

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  (5) the classification of any position which does not result in the reduction in grade or pay of an employee.
• 5 U.S.C. § 7121(d)

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  (d) An aggrieved employee affected by a prohibited personnel practice under section 2302(b)(1) of this title which also falls under the coverage of the negotiated grievance procedure may raise the matter under a statutory procedure or the negotiated procedure, but not both. An employee shall be deemed to have exercised his option under this subsection to raise the matter under either a statutory procedure or the negotiated procedure at such time as the employee timely initiates an action under the applicable statutory procedure or timely files a grievance in writing, in accordance with the provisions of the parties’ negotiated procedure, whichever event occurs first. Selection of the negotiated procedure in no manner prejudices the right of an aggrieved employee to request the Merit Systems Protection Board to review the final decision pursuant to section 7702 of this title in the case of any personnel action that could have been appealed to the Board, or, where applicable, to request the Equal Employment Opportunity Commission to review a final decision in any other matter involving a complaint of discrimination of the type prohibited by any law administered by the Equal Employment Opportunity Commission.
• 5 U.S.C. § 7121(e)(1)

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  (1) Matters covered under sections 4303 and 7512 of this title which also fall within the coverage of the negotiated grievance procedure may, in the discretion of the aggrieved employee, be raised either under the appellate procedures of section 7701 of this title or under the negotiated grievance procedure, but not both. Similar matters which arise under other personnel systems applicable to employees covered by this chapter may, in the discretion of the aggrieved employee, be raised either under the appellate procedures, if any, applicable to those matters, or under the negotiated grievance procedure, but not both. An employee shall be deemed to have exercised his option under this subsection to raise a matter either under the applicable appellate procedures or under the negotiated grievance procedure at such time as the employee timely files a notice of appeal under the applicable appellate procedures or timely files a grievance in writing in accordance with the provisions of the parties’ negotiated grievance procedure, whichever event occurs first.
• 5 U.S.C. § 7121(f)

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  (f) In matters covered under sections 4303 and 7512 of this title which have been raised under the negotiated grievance procedure in accordance with this section, section 7703 of this title pertaining to judicial review shall apply to the award of an arbitrator in the same manner and under the same conditions as if the matter had been decided by the Board. In matters similar to those covered under sections 4303 and 7512 of this title which arise under other personnel systems and which an aggrieved employee has raised under the negotiated grievance procedure, judicial review of an arbitrator’s award may be obtained in the same manner and on the same basis as could be obtained of a final decision in such matters raised under applicable appellate procedures.
• 5 U.S.C. § 7121(g)(2)

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  (2) An aggrieved employee affected by a prohibited personnel practice described in paragraph (1) may elect not more than one of the remedies described in paragraph (3) with respect thereto. For purposes of the preceding sentence, a determination as to whether a particular remedy has been elected shall be made as set forth under paragraph (4).
• 5 U.S.C. § 7131(a)

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  (a) Any employee representing an exclusive representative in the negotiation of a collective bargaining agreement under this chapter shall be authorized official time for such purposes, including attendance at impasse proceeding, during the time the employee otherwise would be in a duty status. The number of employees for whom official time is authorized under this subsection shall not exceed the number of individuals designated as representing the agency for such purposes.
• 5 U.S.C. § 7131(b)

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  (b) Any activities performed by any employee relating to the internal business of a labor organization (including the solicitation of membership, elections of labor organization officials, and collection of dues) shall be performed during the time the employee is in a non-duty status.
• 5 U.S.C. § 7131(c)

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  (c) Except as provided in subsection (a) of this section, the Authority shall determine whether any employee participating for, or on behalf of, a labor organization in any phase of proceedings before the Authority shall be authorized official time for such purpose during the time the employee otherwise would be in a duty status.
• 5 U.S.C. § 7131(d)(1)

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  (1) any employee representing an exclusive representative, or
• 5 U.S.C. § 7131(d)(2)

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  (2) in connection with any other matter covered by this chapter, any employee in an appropriate unit represented by an exclusive representative,
• 5 U.S.C. § 7132(a)

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  (a) Any member of the Authority, the General Counsel, or the Panel, any administrative law judge appointed by the Authority under section 3105 of this title, and any employee of the Authority designated by the Authority may—

  (1) issue subpenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States; and

  (2) administer oaths, take or order the taking of depositions, order responses to written interrogatories, examine witnesses, and receive evidence.

  No subpena shall be issued under this section which requires the disclosure of intramanagement guidance, advice, counsel, or training within an agency or between an agency and the Office of Personnel Management.
• 5 U.S.C. § 7135(a)(1)

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  (1) the renewal or continuation of an exclusive recognition, certification of an exclusive representative, or a lawful agreement between an agency and an exclusive representative of its employees, which is entered into before the effective date of this chapter; or
• 5 U.S.C. § 7201(a)(1)

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  (1) “underrepresentation” means a situation in which the number of members of a minority group designation (determined by the Equal Employment Opportunity Commission in consultation with the Office of Personnel Management, on the basis of the policy set forth in subsection (b) of this section) within a category of civil service employment constitutes a lower percentage of the total number of employees within the employment category than the percentage that the minority constituted within the labor force of the United States, as determined under the most recent decennial or mid-decade census, or current population survey, under title 13, and
• 5 U.S.C. § 7201(b)

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  (b) It is the policy of the United States to insure equal employment opportunities for employees without discrimination because of race, color, religion, sex, or national origin. The President shall use his existing authority to carry out this policy.
• 5 U.S.C. § 7202(b)

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  (b) Regulations prescribed under any provision of this title, or under any other provision of law, granting benefits to employees, shall provide the same benefits for a married female employee and her spouse and children as are provided for a married male employee and his spouse and children.
• 5 U.S.C. § 7202(c)

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  (c) Notwithstanding any other provision of law, any provision of law providing a benefit to a male Federal employee or to his spouse or family shall be deemed to provide the same benefit to a female Federal employee or to her spouse or family.
• 5 U.S.C. § 7211

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  The right of employees, individually or collectively, to petition Congress or a Member of Congress, or to furnish information to either House of Congress, or to a committee or Member thereof, may not be interfered with or denied.
• 5 U.S.C. § 7301

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  The President may prescribe regulations for the conduct of employees in the executive branch.
• 5 U.S.C. § 7302(a)

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  (a) Not later than the effective date of the amendments made by section 1106 of the National Defense Authorization Act for Fiscal Year 2004,¹ or 180 days after the date of the enactment of that Act, whichever is later, the Office of Personnel Management shall, in consultation with the Attorney General and the Office of Government Ethics, promulgate regulations requiring that each Executive branch agency notify any employee of that agency who is subject to the provisions of section 207(c)(1) of title 18, as a result of the amendment to section 207(c)(2)(A)(ii) of that title by that Act.
• 5 U.S.C. § 7302(b)

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  (b) The regulations shall require that notice be given before, or as part of, the action that affects the employee’s coverage under section 207(c)(1) of title 18, by virtue of the provisions of section 207(c)(2)(A)(ii) of that title, and again when employment or service in the covered position is terminated.
• 5 U.S.C. § 7311(4)

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  (4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia.
• 5 U.S.C. § 7342(a)(1)

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  (1) “employee” means—

  (A) an employee as defined by section 2105 of this title and an officer or employee of the United States Postal Service or of the Postal Regulatory Commission;

  (B) an expert or consultant who is under contract under section 3109 of this title with the United States or any agency, department, or establishment thereof, including, in the case of an organization performing services under such section, any individual involved in the performance of such services;

  (C) an individual employed by, or occupying an office or position in, the government of a territory or possession of the United States or the government of the District of Columbia;

  (D) a member of a uniformed service;

  (E) the President and the Vice President;

  (F) a Member of Congress as defined by section 2106 of this title (except the Vice President) and any Delegate to the Congress; and

  (G) the spouse of an individual described in subparagraphs (A) through (F) (unless such individual and his or her spouse are separated) or a dependent (within the meaning of section 152 of the Internal Revenue Code of 1986) of such an individual, other than a spouse or dependent who is an employee under subparagraphs (A) through (F);
• 5 U.S.C. § 7342(a)(1)(A)

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  (A) an employee as defined by section 2105 of this title and an officer or employee of the United States Postal Service or of the Postal Regulatory Commission;
• 5 U.S.C. § 7342(a)(1)(G)

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  (G) the spouse of an individual described in subparagraphs (A) through (F) (unless such individual and his or her spouse are separated) or a dependent (within the meaning of section 152 of the Internal Revenue Code of 1986) of such an individual, other than a spouse or dependent who is an employee under subparagraphs (A) through (F);
• 5 U.S.C. § 7342(a)(5)(B)

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  (B) regulations of an employing agency may define “minimal value” for its employees to be less than the value established under this paragraph; and
• 5 U.S.C. § 7342(a)(6)(A)

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  (A) the Committee on Standards of Official Conduct of the House of Representatives, for Members and employees of the House of Representatives, except that those responsibilities specified in subsections (c)(2)(A), (e)(1), and (g)(2)(B) shall be carried out by the Clerk of the House;
• 5 U.S.C. § 7342(a)(6)(B)

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  (B) the Select Committee on Ethics of the Senate, for Senators and employees of the Senate, except that those responsibilities (other than responsibilities involving approval of the employing agency) specified in subsections (c)(2), (d), and (g)(2)(B) shall be carried out by the Secretary of the Senate;
• 5 U.S.C. § 7342(a)(6)(C)

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  (C) the Administrative Office of the United States Courts, for judges and judicial branch employees; and
• 5 U.S.C. § 7342(a)(6)(D)

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  (D) the department, agency, office, or other entity in which an employee is employed, for other legislative branch employees and for all executive branch employees.
• 5 U.S.C. § 7342(b)

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  (b) An employee may not—

  (1) request or otherwise encourage the tender of a gift or decoration; or

  (2) accept a gift or decoration, other than in accordance with the provisions of subsections (c) and (d).
• 5 U.S.C. § 7342(c)(1)(A)

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  (A) the accepting and retaining by an employee of a gift of minimal value tendered and received as a souvenir or mark of courtesy; and
• 5 U.S.C. § 7342(c)(1)(B)

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  (B) the accepting by an employee of a gift of more than minimal value when such gift is in the nature of an educational scholarship or medical treatment or when it appears that to refuse the gift would likely cause offense or embarrassment or otherwise adversely affect the foreign relations of the United States, except that—

  (i) a tangible gift of more than minimal value is deemed to have been accepted on behalf of the United States and, upon acceptance, shall become the property of the United States; and

  (ii) an employee may accept gifts of travel or expenses for travel taking place entirely outside the United States (such as transportation, food, and lodging) of more than minimal value if such acceptance is appropriate, consistent with the interests of the United States, and permitted by the employing agency and any regulations which may be prescribed by the employing agency.
• 5 U.S.C. § 7342(c)(1)(B)(ii)

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  (ii) an employee may accept gifts of travel or expenses for travel taking place entirely outside the United States (such as transportation, food, and lodging) of more than minimal value if such acceptance is appropriate, consistent with the interests of the United States, and permitted by the employing agency and any regulations which may be prescribed by the employing agency.
• 5 U.S.C. § 7342(c)(2)

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  (2) Within 60 days after accepting a tangible gift of more than minimal value (other than a gift described in paragraph (1)(B)(ii)), an employee shall—

  (A) deposit the gift for disposal with his or her employing agency; or

  (B) subject to the approval of the employing agency, deposit the gift with that agency for official use.

  Within 30 days after terminating the official use of a gift under subparagraph (B), the employing agency shall forward the gift to the Administrator of General Services in accordance with subsection (e)(1) or provide for its disposal in accordance with subsection (e)(2).
• 5 U.S.C. § 7342(c)(3)

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  (3) When an employee deposits a gift of more than minimal value for disposal or for official use pursuant to paragraph (2), or within 30 days after accepting travel or travel expenses as provided in paragraph (1)(B)(ii) unless such travel or travel expenses are accepted in accordance with specific instructions of his or her employing agency, the employee shall file a statement with his or her employing agency or its delegate containing the information prescribed in subsection (f) for that gift.
• 5 U.S.C. § 7342(d)

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  (d) The Congress consents to the accepting, retaining, and wearing by an employee of a decoration tendered in recognition of active field service in time of combat operations or awarded for other outstanding or unusually meritorious performance, subject to the approval of the employing agency of such employee. Without this approval, the decoration is deemed to have been accepted on behalf of the United States, shall become the property of the United States, and shall be deposited by the employee, within sixty days of acceptance, with the employing agency for official use, for forwarding to the Administrator of General Services for disposal in accordance with subsection (e)(1), or for disposal in accordance with subsection (e)(2).
• 5 U.S.C. § 7342(f)(1)

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  (1) Not later than January 31 of each year, each employing agency or its delegate shall compile a listing of all statements filed during the preceding year by the employees of that agency pursuant to subsection (c)(3) and shall transmit such listing to the Secretary of State who shall publish a comprehensive listing of all such statements in the Federal Register.
• 5 U.S.C. § 7342(f)(2)(A)

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  (A) the name and position of the employee;
• 5 U.S.C. § 7342(f)(3)(A)

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  (A) the name and position of the employee;
• 5 U.S.C. § 7342(g)(1)

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  (1) Each employing agency shall prescribe such regulations as may be necessary to carry out the purpose of this section. For all employing agencies in the executive branch, such regulations shall be prescribed pursuant to guidance provided by the Secretary of State. These regulations shall be implemented by each employing agency for its employees.
• 5 U.S.C. § 7342(g)(2)(A)

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  (A) report to the Attorney General cases in which there is reason to believe that an employee has violated this section;
• 5 U.S.C. § 7342(h)

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  (h) The Attorney General may bring a civil action in any district court of the United States against any employee who knowingly solicits or accepts a gift from a foreign government not consented to by this section or who fails to deposit or report such gift as required by this section. The court in which such action is brought may assess a penalty against such employee in any amount not to exceed the retail value of the gift improperly solicited or received plus $5,000.
• 5 U.S.C. § 7342(i)

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  (i) The President shall direct all Chiefs of a United States Diplomatic Mission to inform their host governments that it is a general policy of the United States Government to prohibit United States Government employees from receiving gifts or decorations of more than minimal value.
• 5 U.S.C. § 7342(j)

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  (j) Nothing in this section shall be construed to derogate any regulation prescribed by any employing agency which provides for more stringent limitations on the receipt of gifts and decorations by its employees.
• 5 U.S.C. § 7351(a)

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  (a) An employee may not—

  (1) solicit a contribution from another employee for a gift to an official superior;

  (2) make a donation as a gift or give a gift to an official superior; or

  (3) accept a gift from an employee receiving less pay than himself.
• 5 U.S.C. § 7351(a)(1)

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  (1) solicit a contribution from another employee for a gift to an official superior;
• 5 U.S.C. § 7351(a)(3)

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  (3) accept a gift from an employee receiving less pay than himself.
• 5 U.S.C. § 7351(b)

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  (b) An employee who violates this section shall be subject to appropriate disciplinary action by the employing agency or entity.
• 5 U.S.C. § 7353(a)

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  (a) Except as permitted by subsection (b), no Member of Congress or officer or employee of the executive, legislative, or judicial branch shall solicit or accept anything of value from a person—

  (1) seeking official action from, doing business with, or (in the case of executive branch officers and employees) conducting activities regulated by, the individual’s employing entity; or

  (2) whose interests may be substantially affected by the performance or nonperformance of the individual’s official duties.
• 5 U.S.C. § 7353(a)(1)

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  (1) seeking official action from, doing business with, or (in the case of executive branch officers and employees) conducting activities regulated by, the individual’s employing entity; or
• 5 U.S.C. § 7353(b)(2)(A)

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  (A) Subject to subparagraph (B), a Member, officer, or employee may accept a gift pursuant to rules or regulations established by such individual’s supervising ethics office pursuant to paragraph (1).
• 5 U.S.C. § 7353(b)(3)

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  (3) Nothing in this section precludes a Member, officer, or employee from accepting gifts on behalf of the United States Government or any of its agencies in accordance with statutory authority.
• 5 U.S.C. § 7353(b)(4)

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  (4) Nothing in this section precludes an employee of a private sector organization, while assigned to an agency under chapter 37, from continuing to receive pay and benefits from such organization in accordance with such chapter.
• 5 U.S.C. § 7353(c)

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  (c) A Member of Congress or an officer or employee who violates this section shall be subject to appropriate disciplinary and other remedial action in accordance with any applicable laws, Executive orders, and rules or regulations.
• 5 U.S.C. § 7353(d)(1)(A)

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  (A) the Committee on Standards of Official Conduct of the House of Representatives or the House of Representatives as a whole, for Members, officers, and employees of the House of Representatives;
• 5 U.S.C. § 7353(d)(1)(B)

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  (B) the Select Committee on Ethics of the Senate, or the Senate as a whole, for Senators, officers, and employees of the Senate;
• 5 U.S.C. § 7353(d)(1)(C)

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  (C) the Judicial Conference of the United States for judges and judicial branch officers and employees;
• 5 U.S.C. § 7353(d)(1)(D)

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  (D) the Office of Government Ethics for all executive branch officers and employees; and
• 5 U.S.C. § 7353(d)(1)(E)

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  (E) in the case of legislative branch officers and employees other than those specified in subparagraphs (A) and (B), the committee referred to in either such subparagraph to which reports filed by such officers and employees under subchapter I of chapter 131 of this title are transmitted under such subchapter, except that the authority of this section may be delegated by such committee with respect to such officers and employees; and
• 5 U.S.C. § 7353(d)(2)

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  (2) the term “officer or employee” means an individual holding an appointive or elective position in the executive, legislative, or judicial branch of Government, other than a Member of Congress.
• 5 U.S.C. § 7361(a)

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  (a) The Office of Personnel Management shall be responsible for developing, in cooperation with the President, with the Secretary of Health and Human Services (acting through the National Institute on Drug Abuse), and with other agencies, and in accordance with applicable provisions of this subchapter, appropriate prevention, treatment, and rehabilitation programs and services for drug abuse among employees. Such agencies are encouraged to extend, to the extent feasible, such programs and services to the families of employees and to employees who have family members who are drug abusers. Such programs and services shall make optimal use of existing governmental facilities, services, and skills.
• 5 U.S.C. § 7362(a)

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  (a) The Office of Personnel Management shall be responsible for developing, in cooperation with the Secretary of Health and Human Services and with other agencies, and in accordance with applicable provisions of this subpart, appropriate prevention, treatment, and rehabilitation programs and services for alcohol abuse and alcoholism among employees. Such agencies are encouraged to extend, to the extent feasible, such programs and services to the families of alcoholic employees and to employees who have family members who are alcoholics. Such programs and services shall make optimal use of existing governmental facilities, services, and skills.
• 5 U.S.C. § 7363(a)

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  (a) The Office of Personnel Management shall, within 6 months after the date of the enactment of the Federal Employee Substance Abuse Education and Treatment Act of 1986 and annually thereafter, submit to each House of Congress a report containing the matters described in subsection (b).
• 5 U.S.C. § 7371(e)(1)

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  (1) If removal is required under this section, the agency shall deliver written notice to the employee as soon as practicable, and not later than 5 calendar days after the conviction notice date. The notice shall include a description of the specific reasons for the removal, the date of removal, and the procedures made applicable under paragraph (2).
• 5 U.S.C. § 7371(e)(2)

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  (2) The procedures under section 7513(b)(2), (3), and (4), (c), (d), and (e) shall apply to any removal under this section. The employee may use the procedures to contest or appeal a removal, but only with respect to whether—

  (A) the employee is a law enforcement officer;

  (B) the employee was convicted of a felony; or

  (C) the conviction was overturned on appeal.
• 5 U.S.C. § 7371(e)(2)(A)

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  (A) the employee is a law enforcement officer;
• 5 U.S.C. § 7371(e)(2)(B)

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  (B) the employee was convicted of a felony; or
• 5 U.S.C. § 7701(a)

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  (a) An employee, or applicant for employment, may submit an appeal to the Merit Systems Protection Board from any action which is appealable to the Board under any law, rule, or regulation. An appellant shall have the right—

  (1) to a hearing for which a transcript will be kept; and

  (2) to be represented by an attorney or other representative.

  Appeals shall be processed in accordance with regulations prescribed by the Board.
• 5 U.S.C. § 7701(b)(1)

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  (1) The Board may hear any case appealed to it or may refer the case to an administrative law judge appointed under section 3105 of this title or other employee of the Board designated by the Board to hear such cases, except that in any case involving a removal from the service, the case shall be heard by the Board, an employee experienced in hearing appeals, or an administrative law judge. The Board, administrative law judge, or other employee (as the case may be) shall make a decision after receipt of the written representations of the parties to the appeal and after opportunity for a hearing under subsection (a)(1) of this section. A copy of the decision shall be furnished to each party to the appeal and to the Office of Personnel Management.
• 5 U.S.C. § 7701(b)(2)(A)

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  (A) If an employee or applicant for employment is the prevailing party in an appeal under this subsection, the employee or applicant shall be granted the relief provided in the decision effective upon the making of the decision, and remaining in effect pending the outcome of any petition for review under subsection (e), unless—

  (i) the deciding official determines that the granting of such relief is not appropriate; or

  (I) the relief granted in the decision provides that such employee or applicant shall return or be present at the place of employment during the period pending the outcome of any petition for review under subsection (e); and

  (II) the employing agency, subject to the provisions of subparagraph (B), determines that the return or presence of such employee or applicant is unduly disruptive to the work environment.
• 5 U.S.C. § 7701(b)(2)(A)(ii)(I)

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  (I) the relief granted in the decision provides that such employee or applicant shall return or be present at the place of employment during the period pending the outcome of any petition for review under subsection (e); and
• 5 U.S.C. § 7701(b)(2)(A)(ii)(II)

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  (II) the employing agency, subject to the provisions of subparagraph (B), determines that the return or presence of such employee or applicant is unduly disruptive to the work environment.
• 5 U.S.C. § 7701(b)(2)(B)

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  (B) If an agency makes a determination under subparagraph (A)(ii)(II) that prevents the return or presence of an employee at the place of employment, such employee shall receive pay, compensation, and all other benefits as terms and conditions of employment during the period pending the outcome of any petition for review under subsection (e).
• 5 U.S.C. § 7701(c)(2)

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  (2) Notwithstanding paragraph (1), the agency’s decision may not be sustained under subsection (b) of this section if the employee or applicant for employment—

  (A) shows harmful error in the application of the agency’s procedures in arriving at such decision;

  (B) shows that the decision was based on any prohibited personnel practice described in section 2302(b) of this title; or

  (C) shows that the decision was not in accordance with law.
• 5 U.S.C. § 7701(f)

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  (f) The Board, or an administrative law judge or other employee of the Board designated to hear a case, may—

  (1) consolidate appeals filed by two or more appellants, or

  (2) join two or more appeals filed by the same appellant and hear and decide them concurrently,

  if the deciding official or officials hearing the cases are of the opinion that the action could result in the appeals’ being processed more expeditiously and would not adversely affect any party.
• 5 U.S.C. § 7701(g)(1)

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  (1) Except as provided in paragraph (2) of this subsection, the Board, or an administrative law judge or other employee of the Board designated to hear a case, may require payment by the agency involved of reasonable attorney fees incurred by an employee or applicant for employment if the employee or applicant is the prevailing party and the Board, administrative law judge, or other employee (as the case may be) determines that payment by the agency is warranted in the interest of justice, including any case in which a prohibited personnel practice was engaged in by the agency or any case in which the agency’s action was clearly without merit.
• 5 U.S.C. § 7701(g)(2)

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  (2) If an employee or applicant for employment is the prevailing party and the decision is based on a finding of discrimination prohibited under section 2302(b)(1) of this title, the payment of attorney fees shall be in accordance with the standards prescribed under section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5(k)).
• 5 U.S.C. § 7701(h)

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  (h) The Board may, by regulation, provide for one or more alternative methods for settling matters subject to the appellate jurisdiction of the Board which shall be applicable at the election of an applicant for employment or of an employee who is not in a unit for which a labor organization is accorded exclusive recognition, and shall be in lieu of other procedures provided for under this section. A decision under such a method shall be final, unless the Board reopens and reconsiders a case at the request of the Office of Personnel Management under subsection (e) of this section.
• 5 U.S.C. § 7701(i)(4)

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  (4) It shall be the duty of the Board, an administrative law judge, or employee designated by the Board to hear any proceeding under this section to expedite to the extent practicable that proceeding.
• 5 U.S.C. § 7702(a)(1)

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  (1) Notwithstanding any other provision of law, and except as provided in paragraph (2) of this subsection, in the case of any employee or applicant for employment who—

  (A) has been affected by an action which the employee or applicant may appeal to the Merit Systems Protection Board, and

  (B) alleges that a basis for the action was discrimination prohibited by—

  (i) section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16),

  (ii) section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)),

  (iii) section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791),

  (iv) sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 631, 633a), or

  (v) any rule, regulation, or policy directive prescribed under any provision of law described in clauses (i) through (iv) of this subparagraph,

  the Board shall, within 120 days of the filing of the appeal, decide both the issue of discrimination and the appealable action in accordance with the Board’s appellate procedures under section 7701 of this title and this section.
• 5 U.S.C. § 7702(a)(1)(A)

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  (A) has been affected by an action which the employee or applicant may appeal to the Merit Systems Protection Board, and
• 5 U.S.C. § 7702(a)(2)

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  (2) In any matter before an agency which involves—

  (A) any action described in paragraph (1)(A) of this subsection; and

  (B) any issue of discrimination prohibited under any provision of law described in paragraph (1)(B) of this subsection;

  the agency shall resolve such matter within 120 days. The decision of the agency in any such matter shall be a judicially reviewable action unless the employee appeals the matter to the Board under paragraph (1) of this subsection.
• 5 U.S.C. § 7702(a)(3)(A)

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  (A) the date of issuance of the decision if the employee or applicant does not file a petition with the Equal Employment Opportunity Commission under subsection (b)(1) of this section, or
• 5 U.S.C. § 7702(b)(1)

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  (1) An employee or applicant may, within 30 days after notice of the decision of the Board under subsection (a)(1) of this section, petition the Commission to consider the decision.
• 5 U.S.C. § 7702(d)(4)

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  (4) The special panel shall permit the employee or applicant who brought the complaint and the employing agency to appear before the panel to present oral arguments and to present written arguments with respect to the matter.
• 5 U.S.C. § 7702(d)(5)

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  (5) Upon application by the employee or applicant, the Commission may issue such interim relief as it determines appropriate to mitigate any exceptional hardship the employee or applicant might otherwise incur as a result of the certification of any matter under this subsection, except that the Commission may not stay, or order any agency to review on an interim basis, the action referred to in subsection (a)(1) of this section.
• 5 U.S.C. § 7702(e)(1)

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  (1) Notwithstanding any other provision of law, if at any time after—

  (A) the 120th day following the filing of any matter described in subsection (a)(2) of this section with an agency, there is no judicially reviewable action under this section or an appeal under paragraph (2) of this subsection;

  (B) the 120th day following the filing of an appeal with the Board under subsection (a)(1) of this section, there is no judicially reviewable action (unless such action is not as the result of the filing of a petition by the employee under subsection (b)(1) of this section); or

  (C) the 180th day following the filing of a petition with the Equal Employment Opportunity Commission under subsection (b)(1) of this section, there is no final agency action under subsection (b), (c), or (d) of this section;

  an employee shall be entitled to file a civil action to the same extent and in the same manner as provided in section 717(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(c)), section 15(c) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a(c)), or section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)).
• 5 U.S.C. § 7702(e)(1)(B)

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  (B) the 120th day following the filing of an appeal with the Board under subsection (a)(1) of this section, there is no judicially reviewable action (unless such action is not as the result of the filing of a petition by the employee under subsection (b)(1) of this section); or
• 5 U.S.C. § 7702(e)(2)

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  (2) If, at any time after the 120th day following the filing of any matter described in subsection (a)(2) of this section with an agency, there is no judicially reviewable action, the employee may appeal the matter to the Board under subsection (a)(1) of this section.
• 5 U.S.C. § 7702(f)

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  (f) In any case in which an employee is required to file any action, appeal, or petition under this section and the employee timely files the action, appeal, or petition with an agency other than the agency with which the action, appeal, or petition is to be filed, the employee shall be treated as having timely filed the action, appeal, or petition as of the date it is filed with the proper agency.
• 5 U.S.C. § 7703(a)(1)

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  (1) Any employee or applicant for employment adversely affected or aggrieved by a final order or decision of the Merit Systems Protection Board may obtain judicial review of the order or decision.
• 5 U.S.C. § 7703(a)(2)

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  (2) The Board shall be named respondent in any proceeding brought pursuant to this subsection, unless the employee or applicant for employment seeks review of a final order or decision on the merits on the underlying personnel action or on a request for attorney fees, in which case the agency responsible for taking the personnel action shall be the respondent.
• 5 U.S.C. § 7703(c)

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  (c) In any case filed in the United States Court of Appeals for the Federal Circuit, the court shall review the record and hold unlawful and set aside any agency action, findings, or conclusions found to be—

  (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

  (2) obtained without procedures required by law, rule, or regulation having been followed; or

  (3) unsupported by substantial evidence;

  except that in the case of discrimination brought under any section referred to in subsection (b)(2) of this section, the employee or applicant shall have the right to have the facts subject to trial de novo by the reviewing court.
• 5 U.S.C. § 7901(a)

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  (a) The head of each agency of the Government of the United States may establish, within the limits of appropriations available, a health service program to promote and maintain the physical and mental fitness of employees under his jurisdiction.
• 5 U.S.C. § 7901(b)(2)

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  (2) in localities where there are a sufficient number of employees to warrant providing the service.
• 5 U.S.C. § 7901(c)(3)

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  (3) referral of employees to private physicians and dentists; and
• 5 U.S.C. § 7902(a)(1)

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  (1) “employee” means an employee as defined by section 8101 of this title; and
• 5 U.S.C. § 7902(b)

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  (b) The Secretary of Labor shall carry out a safety program under section 941(b)(1) of title 33 covering the employment of each employee of an agency.
• 5 U.S.C. § 7902(c)(1)

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  (1) establish by Executive order a safety council composed of representatives of the agencies and of labor organizations representing employees to serve as an advisory body to the Secretary in furtherance of the safety program carried out by the Secretary under subsection (b) of this section; and
• 5 U.S.C. § 7902(c)(2)

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  (2) undertake such other measures as he considers proper to prevent injuries and accidents to employees of the agencies.
• 5 U.S.C. § 7902(d)

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  (d) The head of each agency shall develop and support organized safety promotion to reduce accidents and injuries among employees of his agency, encourage safe practices, and eliminate work hazards and health risks.
• 5 U.S.C. § 7902(e)(1)

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  (1) keep a record of injuries and accidents to its employees whether or not they result in loss of time or in the payment or furnishing of benefits; and
• 5 U.S.C. § 7904(a)

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  (a) The head of each Executive agency shall, in a manner consistent with guidelines prescribed under subsection (b) of this section and applicable provisions of law, establish appropriate prevention, treatment, and rehabilitation programs and services for drug abuse and alcohol abuse for employees in or under such agency.
• 5 U.S.C. § 7905(a)(1)

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  (1) the term “employee” means an employee as defined by section 2105, a member of a uniformed service, and a student who provides voluntary services under section 3111;
• 5 U.S.C. § 7905(b)(1)

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  (1) The head of each agency may establish a program to encourage employees of such agency to use means other than single-occupancy motor vehicles to commute to or from work.
• 5 U.S.C. § 7905(d)(3)(C)

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  (C) the extent of employee participation in, and the costs to the Government associated with, each of the various programs;
• 5 U.S.C. § 7906(a)(1)

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  (1) the terms “employee”, “agency”,¹ “injury”, “war-risk hazard”, and “hostile force or individual” have the meanings given those terms in section 8101; and
• 5 U.S.C. § 7906(a)(2)

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  (2) the term “qualified employee” means an employee as described in subsection (b).
• 5 U.S.C. § 7906(b)

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  (b) The head of each agency shall, in a manner consistent with the guidelines prescribed under subsection (c), provide for the assignment of a post-combat case coordinator in the case of any employee of such agency who suffers an injury or disability incurred, or an illness contracted, while in the performance of such employee’s duties, as a result of a war-risk hazard or during or as a result of capture, detention, or other restraint by a hostile force or individual.
• 5 U.S.C. § 7906(c)(1)

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  (1) acting as the main point of contact for qualified employees seeking administrative guidance or assistance relating to benefits under chapter 81 or 89;
• 5 U.S.C. § 7906(c)(2)

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  (2) assisting qualified employees in the collection of documentation or other supporting evidence for the expeditious processing of claims under chapter 81 or 89;
• 5 U.S.C. § 7906(c)(3)

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  (3) assisting qualified employees in connection with the receipt of prescribed medical care and the coordination of benefits under chapter 81 or 89;
• 5 U.S.C. § 7906(c)(5)

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  (5) ensuring that qualified employees are properly screened and receive appropriate treatment—

  (A) for post-traumatic stress disorder or other similar disorder stemming from combat trauma; or

  (B) for suicidal or homicidal thoughts or behaviors.
• 5 U.S.C. § 7906(d)

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  (d) The services of a post-combat case coordinator shall remain available to a qualified employee until—

  (1) such employee accepts or declines a reasonable offer of employment in a position in the employee’s agency for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level) before the occurrence or onset of the injury, disability, or illness (as referred to in subsection (a)), and which is within the employee’s commuting area; or

  (2) such employee gives written notice, in such manner as the employing agency prescribes, that those services are no longer desired or necessary.
• 5 U.S.C. § 7906(d)(1)

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  (1) such employee accepts or declines a reasonable offer of employment in a position in the employee’s agency for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level) before the occurrence or onset of the injury, disability, or illness (as referred to in subsection (a)), and which is within the employee’s commuting area; or
• 5 U.S.C. § 7906(d)(2)

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  (2) such employee gives written notice, in such manner as the employing agency prescribes, that those services are no longer desired or necessary.
• 5 U.S.C. § 8401(2)

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  (2) the term “annuitant” means a former employee or Member who, on the basis of that individual’s service, meets all requirements for title to an annuity under subchapter II or V of this chapter and files claim therefor;
• 5 U.S.C. § 8401(3)

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  (3) the term “average pay” means the largest annual rate resulting from averaging an employee’s or Member’s rates of basic pay in effect over any 3 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect;
• 5 U.S.C. § 8401(11)

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  (11) the term “employee” means—

  (A) an individual referred to in subparagraph (A), (E), (F), (H), (I), (J), or (K) of section 8331(1) of this title;

  (B) a Congressional employee as defined in section 2107 of this title, including a temporary Congressional employee and an employee of the Congressional Budget Office; and

  (C) an employee described in section 2105(c) who has made an election under section 8461(n)(1) to remain covered under this chapter;

  whose civilian service after December 31, 1983, is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1986, except that such term does not include—

  (i) any individual referred to in—

  (I) clause (i), (vi), or (ix) of paragraph (1) of section 8331;

  (II) clause (ii) of such paragraph; or

  (III) the undesignated material after the last clause of such paragraph;

  (ii) any individual excluded under section 8402(c) of this title;

  (iii) a member of the Foreign Service described in section 103(6) of the Foreign Service Act of 1980; or

  (iv) an employee who has made an election under section 8461(n)(2) to remain covered by a retirement system established for employees described in section 2105(c);
• 5 U.S.C. § 8401(11)(B)

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  (B) a Congressional employee as defined in section 2107 of this title, including a temporary Congressional employee and an employee of the Congressional Budget Office; and
• 5 U.S.C. § 8401(11)(C)

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  (C) an employee described in section 2105(c) who has made an election under section 8461(n)(1) to remain covered under this chapter;
• 5 U.S.C. § 8401(11)(iv)

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  (iv) an employee who has made an election under section 8461(n)(2) to remain covered by a retirement system established for employees described in section 2105(c);
• 5 U.S.C. § 8401(12)(A)

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  (A) if such individual performed at least 18 months of civilian service creditable under section 8411 as an employee or Member; and
• 5 U.S.C. § 8401(14)(A)

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  (A) an employee, the duties of whose position—

  (i) are primarily to perform work directly connected with the control and extinguishment of fires; and

  (ii) are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency; and
• 5 U.S.C. § 8401(14)(B)

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  (B) an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) for at least 3 years;
• 5 U.S.C. § 8401(15)

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  (15) the term “Government” means the Federal Government, Gallaudet College, and, in the case of an employee described in paragraph (11)(C), a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c);
• 5 U.S.C. § 8401(17)(A)

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  (A) an employee, the duties of whose position—

  (i) are primarily—

  (I) the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, or

  (II) the protection of officials of the United States against threats to personal safety; and

  (ii) are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency;
• 5 U.S.C. § 8401(17)(B)

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  (B) an employee of the Department of the Interior or the Department of the Treasury (excluding any employee under subparagraph (A)) who occupies a position that, but for the enactment of the Federal Employees’ Retirement System Act of 1986, would be subject to the District of Columbia Police and Firefighters’ Retirement System, as determined by the Secretary of the Interior or the Secretary of the Treasury, as appropriate;
• 5 U.S.C. § 8401(17)(C)

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  (C) an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) and (B) for at least 3 years; and
• 5 U.S.C. § 8401(17)(D)

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  (D) an employee—

  (i) of the Bureau of Prisons or Federal Prison Industries, Incorporated;

  (ii) of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated; or

  (iii) in the field service at Army or Navy disciplinary barracks or at any other confinement and rehabilitation facility operated by any of the armed forces;

  whose duties in connection with individuals in detention suspected or convicted of offenses against the criminal laws of the United States or of the District of Columbia or offenses against the punitive articles of the Uniform Code of Military Justice (chapter 47 of title 10) require frequent direct contact with these individuals in their detention and are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the head of the employing agency;
• 5 U.S.C. § 8401(19)(A)

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  (A) retirement deductions made from the basic pay of an employee or Member under section 8422(a) of this title (or under section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983);
• 5 U.S.C. § 8401(19)(B)

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  (B) amounts deposited by an employee or Member under section 8422(e);
• 5 U.S.C. § 8401(19)(C)

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  (C) amounts deposited by an employee, Member, or survivor under section 8411(f) or 8422(i); and
• 5 U.S.C. § 8401(20)

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  (20) the term “Member” has the same meaning as provided in section 2106, except that such term does not include an individual who irrevocably elects, by written notice to the official by whom such individual is paid, not to participate in the Federal Employees’ Retirement System, and who (in the case of an individual who is a Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress) serves as a Member prior to the date of the enactment of the Legislative Branch Appropriations Act, 2004;
• 5 U.S.C. § 8401(27)(A)

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  (A) the actuarial present value of all future benefits payable from the Fund under this chapter based on the service of current or former employees or Members, over
• 5 U.S.C. § 8401(27)(B)(i)

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  (i) the actuarial present value of deductions to be withheld from the future basic pay of employees and Members currently subject to this chapter pursuant to section 8422;
• 5 U.S.C. § 8401(27)(B)(ii)

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  (ii) the actuarial present value of the future contributions to be made pursuant to section 8423(a) with respect to employees and Members currently subject to this chapter;
• 5 U.S.C. § 8401(27)(B)(iii)(II)

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  (II) to contributions made under the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of an individual who became subject to the System; and
• 5 U.S.C. § 8401(29)

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  (29) the term “System” means the Federal Employees’ Retirement System described in section 8402(a);
• 5 U.S.C. § 8401(30)

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  (30) the term “military technician (dual status)” means an employee described in section 10216 of title 10;
• 5 U.S.C. § 8401(35)(B)

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  (B) a civilian employee of the Department of Transportation or the Department of Defense who is the immediate supervisor of a person described in section 2109(1)(B);
• 5 U.S.C. § 8401(36)

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  (36) the term “customs and border protection officer” means an employee in the Department of Homeland Security (A) who holds a position within the GS–1895 job series (determined applying the criteria in effect as of September 1, 2007) or any successor position, and (B) whose duties include activities relating to the arrival and departure of persons, conveyances, and merchandise at ports of entry, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after performing such duties (as described in subparagraph (B)) in 1 or more positions (as described in subparagraph (A)) for at least 3 years;
• 5 U.S.C. § 8401(37)(A)(i)

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  (i) is not an employee or Member covered under this chapter;
• 5 U.S.C. § 8401(37)(B)

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  (B) after December 31, 2012, and before January 1, 2014, becomes employed as an employee or becomes a Member covered under this chapter performing service which is creditable service under section 8411;
• 5 U.S.C. § 8401(38)(A)(i)

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  (i) is not an employee or Member covered under this chapter;
• 5 U.S.C. § 8401(38)(B)

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  (B) after December 31, 2013, becomes employed as an employee or becomes a Member covered under this chapter performing service which is creditable service under section 8411; and
• 5 U.S.C. § 8402(a)

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  (a) The provisions of this chapter comprise the Federal Employees’ Retirement System.
• 5 U.S.C. § 8402(b)

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  (b) The provisions of this chapter shall not apply with respect to—

  (1) any individual who has performed service of a type described in subparagraph (C), (D), (E), or (F) of section 210(a)(5) of the Social Security Act continuously since December 31, 1983 (determined in accordance with the provisions of section 210(a)(5)(B) of the Social Security Act, relating to continuity of employment); or

  (A) any employee or Member who has separated from the service after—

  (i) having been subject to—

  (I) subchapter III of chapter 83 of this title;

  (II) subchapter I of chapter 8 of title I of the Foreign Service Act of 1980; or

  (III) the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act; and

  (ii) having completed—

  (I) at least 5 years of civilian service creditable under subchapter III of chapter 83 of this title;

  (II) at least 5 years of civilian service creditable under subchapter I of chapter 8 of title I of the Foreign Service Act of 1980; or

  (III) at least 5 years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act,

  determined without regard to any deposit or redeposit requirement under either such subchapter or under such benefit structure, or any requirement that the individual become subject to either such subchapter or to such benefit structure after performing the service involved; or

  (B) any employee having at least 5 years of civilian service performed before January 1, 1987, creditable under subchapter III of chapter 83 of this title (determined without regard to any deposit or redeposit requirement under such subchapter, any requirement that the individual become subject to such subchapter after performing the service involved, or any requirement that the individual give notice in writing to the official by whom such individual is paid of such individual’s desire to become subject to such subchapter);

  except to the extent provided for under subsection (d) of this section or title III of the Federal Employees’ Retirement System Act of 1986 pursuant to an election under such title to become subject to this chapter.
• 5 U.S.C. § 8402(b)(2)(A)

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  (A) any employee or Member who has separated from the service after—

  (i) having been subject to—

  (I) subchapter III of chapter 83 of this title;

  (II) subchapter I of chapter 8 of title I of the Foreign Service Act of 1980; or

  (III) the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act; and

  (ii) having completed—

  (I) at least 5 years of civilian service creditable under subchapter III of chapter 83 of this title;

  (II) at least 5 years of civilian service creditable under subchapter I of chapter 8 of title I of the Foreign Service Act of 1980; or

  (III) at least 5 years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act,

  determined without regard to any deposit or redeposit requirement under either such subchapter or under such benefit structure, or any requirement that the individual become subject to either such subchapter or to such benefit structure after performing the service involved; or
• 5 U.S.C. § 8402(b)(2)(A)(i)(III)

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  (III) the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act; and
• 5 U.S.C. § 8402(b)(2)(A)(ii)(III)

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  (III) at least 5 years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act,
• 5 U.S.C. § 8402(b)(2)(B)

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  (B) any employee having at least 5 years of civilian service performed before January 1, 1987, creditable under subchapter III of chapter 83 of this title (determined without regard to any deposit or redeposit requirement under such subchapter, any requirement that the individual become subject to such subchapter after performing the service involved, or any requirement that the individual give notice in writing to the official by whom such individual is paid of such individual’s desire to become subject to such subchapter);
• 5 U.S.C. § 8402(c)(1)

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  (1) The Office may exclude from the operation of this chapter an employee or group of employees in or under an Executive agency, the United States Postal Service, or the Postal Regulatory Commission, whose employment is temporary or intermittent, except an employee whose employment is part-time career employment (as defined in section 3401(2)).
• 5 U.S.C. § 8402(c)(2)

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  (2) The Architect of the Capitol may exclude from the operation of this chapter an employee under the Office of the Architect of the Capitol whose employment is temporary or of uncertain duration.
• 5 U.S.C. § 8402(c)(3)

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  (3) The Librarian of Congress may exclude from the operation of this chapter an employee under the Library of Congress whose employment is temporary or of uncertain duration.
• 5 U.S.C. § 8402(c)(4)

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  (4) The Director or Acting Director of the Botanic Garden may exclude from the operation of this chapter an employee under the Botanic Garden whose employment is temporary or of uncertain duration.
• 5 U.S.C. § 8402(c)(6)

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  (6) The Director of the Office of Technology Assessment may exclude from the operation of this chapter an employee under the Office of Technology Assessment whose employment is temporary or intermittent.
• 5 U.S.C. § 8402(c)(7)

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  (7) The Director of the Congressional Budget Office may exclude from the operation of this chapter an employee under the Congressional Budget Office whose employment is temporary or intermittent.
• 5 U.S.C. § 8402(c)(8)

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  (8) The Director of the Administrative Office of the United States Courts may exclude from the operation of this chapter an employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or a court named by section 610 of title 28, whose employment is temporary or of uncertain duration.
• 5 U.S.C. § 8402(c)(9)

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  (9) The Joint Committee on Judicial Administration in the District of Columbia may exclude from the operation of this chapter an employee of the District of Columbia Courts whose employment is temporary or of uncertain duration.
• 5 U.S.C. § 8402(d)(1)(B)

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  (B) the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate, which benefit structure is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act (and any redesignated or successor version of such benefit structure, if so identified in writing by the Board of Governors of the Federal Reserve System for purposes of this chapter); and
• 5 U.S.C. § 8410

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  Notwithstanding any other provision of this chapter, an employee or Member must complete at least 5 years of civilian service creditable under section 8411 in order to be eligible for an annuity under this subchapter.
• 5 U.S.C. § 8411(a)(1)

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  (1) The total service of an employee or Member is the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any.
• 5 U.S.C. § 8411(b)

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  (b) For the purpose of this chapter, creditable service of an employee or Member includes—

  (1) employment as an employee, and any service as a Member (including the period from the date of the beginning of the term for which elected or appointed to the date of taking office as a Member), after December 31, 1986;

  (2) except as provided in subsection (f), service with respect to which deductions and withholdings under section 204(a)(1) of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 have been made;

  (3) except as provided in subsection (f) or (h), any civilian service (performed before January 1, 1989, other than any service under paragraph (1) or (2)) which, but for the amendments made by subsections (a)(4) and (b) of section 202 of the Federal Employees’ Retirement System Act of 1986, would be creditable under subchapter III of chapter 83 of this title (determined without regard to any deposit or redeposit requirement under such subchapter, any requirement that the individual become subject to such subchapter after performing the service involved, or any requirement that the individual give notice in writing to the official by whom such individual is paid of such individual’s desire to become subject to such subchapter);

  (4) a period of service (other than any service under any other paragraph of this subsection and other than any military service) that was creditable under the Foreign Service Pension System described in subchapter II of chapter 8¹ of the Foreign Service Act of 1980, if the employee or Member waives credit for such service under the Foreign Service Pension System and makes a payment to the Fund equal to the amount that would have been deducted from pay under section 8422(a) had the employee been subject to this chapter during such period of service (together with interest on such amount computed under paragraphs (2) and (3) of section 8334(e));

  (5) a period of service (other than any service under any other paragraph of this subsection, any military service, and any service performed in the employ of a Federal Reserve Bank) that was creditable under the Bank Plan (as defined in subsection (i)), if the employee waives credit for such service under the Bank Plan and makes a payment to the Fund equal to the amount that would have been deducted from pay under section 8422(a) had the employee been subject to this chapter during such period of service (together with interest on such amount computed under paragraphs (2) and (3) of section 8334(e)); and

  (6) service performed by any individual as an employee paid from nonappropriated funds of an instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) that is not otherwise creditable, if the individual elects (in accordance with regulations prescribed by the Office) to have such service credited under this paragraph.

  Paragraph (5) shall not apply in the case of any employee as to whom subsection (g) (or, to the extent subchapter III of chapter 83 is involved, section 8332(n)) otherwise applies.
• 5 U.S.C. § 8411(b)(1)

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  (1) employment as an employee, and any service as a Member (including the period from the date of the beginning of the term for which elected or appointed to the date of taking office as a Member), after December 31, 1986;
• 5 U.S.C. § 8411(b)(2)

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  (2) except as provided in subsection (f), service with respect to which deductions and withholdings under section 204(a)(1) of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 have been made;
• 5 U.S.C. § 8411(b)(3)

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  (3) except as provided in subsection (f) or (h), any civilian service (performed before January 1, 1989, other than any service under paragraph (1) or (2)) which, but for the amendments made by subsections (a)(4) and (b) of section 202 of the Federal Employees’ Retirement System Act of 1986, would be creditable under subchapter III of chapter 83 of this title (determined without regard to any deposit or redeposit requirement under such subchapter, any requirement that the individual become subject to such subchapter after performing the service involved, or any requirement that the individual give notice in writing to the official by whom such individual is paid of such individual’s desire to become subject to such subchapter);
• 5 U.S.C. § 8411(b)(4)

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  (4) a period of service (other than any service under any other paragraph of this subsection and other than any military service) that was creditable under the Foreign Service Pension System described in subchapter II of chapter 8¹ of the Foreign Service Act of 1980, if the employee or Member waives credit for such service under the Foreign Service Pension System and makes a payment to the Fund equal to the amount that would have been deducted from pay under section 8422(a) had the employee been subject to this chapter during such period of service (together with interest on such amount computed under paragraphs (2) and (3) of section 8334(e));
• 5 U.S.C. § 8411(b)(5)

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  (5) a period of service (other than any service under any other paragraph of this subsection, any military service, and any service performed in the employ of a Federal Reserve Bank) that was creditable under the Bank Plan (as defined in subsection (i)), if the employee waives credit for such service under the Bank Plan and makes a payment to the Fund equal to the amount that would have been deducted from pay under section 8422(a) had the employee been subject to this chapter during such period of service (together with interest on such amount computed under paragraphs (2) and (3) of section 8334(e)); and
• 5 U.S.C. § 8411(b)(6)

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  (6) service performed by any individual as an employee paid from nonappropriated funds of an instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) that is not otherwise creditable, if the individual elects (in accordance with regulations prescribed by the Office) to have such service credited under this paragraph.
• 5 U.S.C. § 8411(c)(1)

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  (1) Except as provided in paragraphs (2), (3), and (5), an employee or Member shall be allowed credit for—

  (A) each period of military service performed before January 1, 1957; and

  (B) each period of military service performed after December 31, 1956, and before the separation on which title to annuity is based, if a deposit (including interest, if any) is made with respect to such period in accordance with section 8422(e).
• 5 U.S.C. § 8411(c)(2)

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  (2) If an employee or Member is awarded retired pay based on any period of military service, the service of the employee or Member may not include credit for such period of military service unless the retired pay is awarded—

  (A) based on a service-connected disability—

  (i) incurred in combat with an enemy of the United States; or

  (ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by section 1101 of title 38; or

  (B) under chapter 1223 of title 10 (or under chapter 67 of that title as in effect before the effective date of the Reserve Officer Personnel Management Act).
• 5 U.S.C. § 8411(c)(3)

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  (3) An employee or Member who has made a deposit under section 8334(j) (or a similar prior provision of law) with respect to a period of military service, and who has not taken a refund of such deposit—

  (A) shall be allowed credit for such service without regard to the deposit requirement under paragraph (1)(B); and

  (B) shall be entitled, upon filing appropriate application therefor with the Office, to a refund equal to the difference between—

  (i) the amount deposited with respect to such period under such section 8334(j) (or prior provision), excluding interest; and

  (ii) the amount which would otherwise have been required with respect to such period under paragraph (1)(B).
• 5 U.S.C. § 8411(c)(4)(A)

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  (A) Notwithstanding paragraph (2), for purposes of computing a survivor annuity for a survivor of an employee or Member—

  (i) who was awarded retired pay based on any period of military service, and

  (ii) whose death occurs before separation from the service,

  creditable service of the deceased employee or Member shall include each period of military service includable under subparagraph (A) or (B) of paragraph (1) or under paragraph (3). In carrying out this subparagraph, any amount deposited under section 8422(e)(5) shall be taken into account.
• 5 U.S.C. § 8411(c)(5)

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  (5) If, after January 1, 1997, an employee or Member waives retired pay that is subject to a court order for which there has been effective service on the Secretary concerned for purposes of section 1408 of title 10, the military service on which the retired pay is based may be credited as service for purposes of this chapter only if the employee or Member authorizes the Director to deduct and withhold from the annuity payable to the employee or Member under this subchapter an amount equal to the amount that, if the annuity payment was instead a payment of the employee’s or Member’s retired pay, would have been deducted and withheld and paid to the former spouse covered by the court order under such section 1408. The amount deducted and withheld under this paragraph shall be paid to that former spouse. The period of civil service employment by the employee or Member shall not be taken into consideration in determining the amount of the deductions and withholding or the amount of the payment to the former spouse. The Director of the Office of Personnel Management shall prescribe regulations to carry out this paragraph.
• 5 U.S.C. § 8411(d)

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  (d) Credit under this chapter shall be allowed for leaves of absence without pay granted an employee while performing military service, or while receiving benefits under subchapter I of chapter 81. An employee or former employee who returns to duty after a period of separation is deemed, for the purpose of this subsection, to have been on leave of absence without pay for that part of the period in which that individual was receiving benefits under subchapter I of chapter 81. Credit may not be allowed for so much of other leaves of absence without pay as exceeds 6 months in the aggregate in a calendar year.
• 5 U.S.C. § 8411(e)

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  (e) Credit shall be allowed for periods of approved leave without pay granted an employee to serve as a full-time officer or employee of an organization composed primarily of employees (as defined by section 8331(1) or 8401(11)), subject to the employee arranging to pay, through the employee’s employing agency, within 60 days after commencement of such leave without pay, amounts equal to the retirement deductions and agency contributions which would be applicable under sections 8422(a) and 8423(a), respectively, if the employee were in pay status. If the election and all payments provided by this subsection are not made, the employee may not receive credit for the periods of leave without pay, notwithstanding the third sentence of subsection (d).
• 5 U.S.C. § 8411(f)(1)

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  (1) An employee or Member who has received a refund of retirement deductions under subchapter III of chapter 83 with respect to any service described in subsection (b)(2) or (b)(3) may not be allowed credit for such service under this chapter unless such employee or Member deposits an amount equal to 1.3 percent of basic pay for such service, with interest. A deposit under this paragraph may be made only with respect to a refund received pursuant to an application filed with the Office before the date on which the employee or Member first becomes subject to this chapter.
• 5 U.S.C. § 8411(f)(2)

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  (2) An employee or Member may not be allowed credit under this chapter for any service described in subsection (b)(3) for which retirement deductions under subchapter III of chapter 83 have not been made, unless such employee or Member deposits an amount equal to 1.3 percent of basic pay for such service, with interest.
• 5 U.S.C. § 8411(f)(4)

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  (4) For the purpose of survivor annuities, deposits authorized by the preceding provisions of this subsection may also be made by a survivor of an employee or Member.
• 5 U.S.C. § 8411(g)

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  (g) Any employee who—

  (1) served in a position in which the employee was excluded from coverage under this subchapter because the employee was covered under a retirement system established under section 10 of the Federal Reserve Act; and

  (2) transferred without a break in service to a position to which the employee was appointed by the President, with the advice and consent of the Senate, and in which position the employee is subject to this subchapter,

  shall be treated for all purposes of this subchapter as if any service that would have been creditable under the retirement system established under section 10 of the Federal Reserve Act was service performed while subject to this subchapter if any employee and employer deductions, contributions or rights with respect to the employee’s service are transferred from such retirement system to the Fund.
• 5 U.S.C. § 8411(g)(1)

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  (1) served in a position in which the employee was excluded from coverage under this subchapter because the employee was covered under a retirement system established under section 10 of the Federal Reserve Act; and
• 5 U.S.C. § 8411(g)(2)

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  (2) transferred without a break in service to a position to which the employee was appointed by the President, with the advice and consent of the Senate, and in which position the employee is subject to this subchapter,
• 5 U.S.C. § 8411(h)

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  (h) An employee or Member shall be allowed credit for service as a volunteer or volunteer leader under part A of title VIII of the Economic Opportunity Act of 1964, as a full-time volunteer enrolled in a program of at least 1 year’s duration under part A, B,¹ or C of title I of the Domestic Volunteer Service Act of 1973, or as a volunteer or volunteer leader under the Peace Corps Act performed at any time prior to the separation on which the entitlement to any annuity under this subchapter is based if the employee or Member has made a deposit with interest, if any, with respect to such service under section 8422(f).
• 5 U.S.C. § 8411(i)

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  (i) ² For purposes of subsection (b)(5), the term “Bank Plan” means the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate, which benefit structure is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act (and any redesignated or successor version of such benefit structure, if so identified in writing by the Board of Governors of the Federal Reserve System for purposes of this chapter).
• 5 U.S.C. § 8411(i)(1)

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  (1) ² Upon application to the Office of Personnel Management, any individual who was an employee on the date of enactment of this paragraph, and who has on such date or thereafter acquired 5 years or more of creditable civilian service under this section (exclusive of service for which credit is allowed under this subsection) shall be allowed credit (as service as a congressional employee) for service before December 31, 1990, while employed by the Democratic Senatorial Campaign Committee, the Republican Senatorial Campaign Committee, the Democratic National Congressional Committee, or the Republican National Congressional Committee, if—

  (A) such employee has at least 4 years and 6 months of service on such committees as of December 31, 1990; and

  (B) such employee deposits to the Fund an amount equal to 1.3 percent of the base pay for such service, with interest.
• 5 U.S.C. § 8411(i)(1)(A)

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  (A) such employee has at least 4 years and 6 months of service on such committees as of December 31, 1990; and
• 5 U.S.C. § 8411(i)(1)(B)

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  (B) such employee deposits to the Fund an amount equal to 1.3 percent of the base pay for such service, with interest.
• 5 U.S.C. § 8411(i)(2)

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  (2) The Office shall accept the certification of the President of the Senate (or the President’s designee) or the Speaker of the House of Representatives (or the Speaker’s designee), as the case may be, concerning the service of, and the amount of compensation received by, an employee with respect to whom credit is to be sought under this subsection.
• 5 U.S.C. § 8411(k)(2)

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  (2) Service credited under subsection (b)(6) may not also be credited under any other retirement system provided for employees paid from nonappropriated funds of a nonappropriated fund instrumentality.
• 5 U.S.C. § 8412(a)

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  (a) An employee or Member who is separated from the service after attaining the applicable minimum retirement age under subsection (h) and completing 30 years of service is entitled to an annuity.
• 5 U.S.C. § 8412(b)

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  (b) An employee or Member who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity.
• 5 U.S.C. § 8412(c)

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  (c) An employee or Member who is separated from the service after becoming 62 years of age and completing 5 years of service is entitled to an annuity.
• 5 U.S.C. § 8412(d)(1)

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  (1) An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency—

  (A) after completing 25 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 25 years, or

  (B) after becoming 50 years of age and completing 20 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 20 years,

  is entitled to an annuity.
• 5 U.S.C. § 8412(d)(2)(A)(i)(III)

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  (III) because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was serving when such individual incurred the illness or injury; and
• 5 U.S.C. § 8412(d)(2)(C)

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  (C) Subparagraph (B) shall only apply if the affected employee transitions to a position described in subparagraph (A)(i)(IV) without a break in service exceeding 3 days.
• 5 U.S.C. § 8412(e)

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  (e) An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency—

  (1) after completing 25 years of service as an air traffic controller, or

  (2) after becoming 50 years of age and completing 20 years of service as an air traffic controller,

  is entitled to an annuity.
• 5 U.S.C. § 8412(g)(1)

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  (1) An employee or Member who is separated from the service after attaining the applicable minimum retirement age under subsection (h) and completing 10 years of service is entitled to an annuity. This subsection shall not apply to an employee or Member who is entitled to an annuity under any other provision of this section.
• 5 U.S.C. § 8412(g)(2)

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  (2) An employee or Member entitled to an annuity under this subsection may defer the commencement of such annuity by written election. The date to which the commencement of the annuity is deferred may not precede the 31st day after the date of filing the election, and must precede the date on which the employee or Member becomes 62 years of age.
• 5 U.S.C. § 8412a(a)(4)

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  (4) the term “phased retiree” means a retirement-eligible employee who—

  (A) makes an election under subsection (b); and

  (B) has not entered full retirement status;
• 5 U.S.C. § 8412a(a)(9)

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  (9) the term “retirement-eligible employee”—

  (A) means an individual who, if the individual separated from the service, would meet the requirements for retirement under subsection (a) or (b) of section 8412; and

  (B) does not include—

  (i) an individual who, if the individual separated from the service, would meet the requirements for retirement under subsection (d) or (e) of section 8412; but

  (ii) does not include an employee described in section 8425 after the date on which the employee is required to be separated from the service by reason of such section; and
• 5 U.S.C. § 8412a(a)(9)(B)(ii)

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  (ii) does not include an employee described in section 8425 after the date on which the employee is required to be separated from the service by reason of such section; and
• 5 U.S.C. § 8412a(a)(10)(B)

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  (B) the number of hours per pay period to be worked by an employee serving in a comparable position on a full-time basis.
• 5 U.S.C. § 8412a(b)(1)

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  (1) With the concurrence of the head of the employing agency, and under regulations promulgated by the Director, a retirement-eligible employee who has been employed on a full-time basis for not less than the 3-year period ending on the date on which the retirement-eligible employee makes an election under this subsection may elect to enter phased retirement status.
• 5 U.S.C. § 8412a(b)(4)

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  (4) A retirement-eligible employee may make not more than one election under this subsection during the retirement-eligible employee’s lifetime.
• 5 U.S.C. § 8412a(b)(5)

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  (5) A retirement-eligible employee who makes an election under this subsection may not make an election under section 8420a.
• 5 U.S.C. § 8412a(c)(5)(A)

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  (A) Any deposit, or election of an actuarial annuity reduction in lieu of a deposit, for military service or for creditable civilian service for which retirement deductions were not made or refunded, shall be made by a retirement-eligible employee at or before the time the retirement-eligible employee enters phased retirement status. No such deposit may be made, or actuarial adjustment in lieu thereof elected, at the time a phased retiree enters full retirement status.
• 5 U.S.C. § 8412a(c)(5)(B)

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  (B) Notwithstanding subparagraph (A), if a phased retiree does not make such a deposit and dies in service as a phased retiree, a survivor of the phased retiree shall have the same right to make such deposit as would have been available had the employee not entered phased retirement status and died in service.
• 5 U.S.C. § 8412a(h)(1)

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  (1) the death of a phased retiree shall be deemed to be the death in service of an employee;
• 5 U.S.C. § 8412a(k)

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  (k) For purposes of subchapter III, a phased retiree shall be deemed to be an employee.
• 5 U.S.C. § 8412a(o)

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  (o) For purposes of chapter 87, a phased retiree shall be deemed to be receiving basic pay at the rate of a full-time employee in the position to which the phased retiree is appointed.
• 5 U.S.C. § 8413(a)

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  (a) An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 5 years of service is entitled to an annuity beginning at the age of 62 years.
• 5 U.S.C. § 8413(b)(1)

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  (1) An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 10 years of service but before attaining the applicable minimum retirement age under section 8412(h) is entitled to an annuity beginning on the date designated by the employee or Member in a written election under this subsection. The date designated under this subsection may not precede the date on which the employee or Member attains such minimum retirement age and must precede the date on which the employee or Member becomes 62 years of age.
• 5 U.S.C. § 8413(b)(2)(B)

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  (B) the employee or Member will not otherwise be eligible to receive an annuity within 31 days after filing the election.
• 5 U.S.C. § 8413(b)(3)

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  (3) The election of an annuity under this subsection extinguishes the right of the employee or Member to receive any other annuity based on the service on which the annuity under this subsection is based.
• 5 U.S.C. § 8414(b)(1)

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  (1) Except as provided in paragraphs (2) and (3), an employee who—

  (A) is separated from the service involuntarily, except by removal for cause on charges of misconduct or delinquency; or

  (i) has been employed continuously, by the agency in which the employee is serving, for at least the 31-day period ending on the date on which such agency requests the determination referred to in clause (iv);

  (ii) is serving under an appointment that is not time limited;

  (iii) has not been duly notified that such employee is to be involuntarily separated for misconduct or unacceptable performance;

  (iv) is separate¹ from the service voluntarily during a period in which, as determined by the Office of Personnel Management (upon request of the agency) under regulations prescribed by the Office—

  (I) such agency (or, if applicable, the component in which the employee is serving) is undergoing substantial delayering, substantial reorganization, substantial reductions in force, substantial transfer of function, or other substantial workforce restructuring (or shaping);

  (II) a significant percentage of employees serving in such agency (or component) are likely to be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of chapter 53, or comparable provisions); or

  (III) identified as being in positions which are becoming surplus or excess to the agency’s future ability to carry out its mission effectively; and

  (v) as determined by the agency under regulations prescribed by the Office, is within the scope of the offer of voluntary early retirement, which may be made on the basis of—

  (I) 1 or more organizational units;

  (II) 1 or more occupational series or levels;

  (III) 1 or more geographical locations;

  (IV) specific periods;

  (V) skills, knowledge, or other factors related to a position; or

  (VI) any appropriate combination of such factors.²

  after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity.
• 5 U.S.C. § 8414(b)(1)(B)(i)

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  (i) has been employed continuously, by the agency in which the employee is serving, for at least the 31-day period ending on the date on which such agency requests the determination referred to in clause (iv);
• 5 U.S.C. § 8414(b)(1)(B)(iii)

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  (iii) has not been duly notified that such employee is to be involuntarily separated for misconduct or unacceptable performance;
• 5 U.S.C. § 8414(b)(1)(B)(iv)(I)

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  (I) such agency (or, if applicable, the component in which the employee is serving) is undergoing substantial delayering, substantial reorganization, substantial reductions in force, substantial transfer of function, or other substantial workforce restructuring (or shaping);
• 5 U.S.C. § 8414(b)(1)(B)(iv)(II)

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  (II) a significant percentage of employees serving in such agency (or component) are likely to be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of chapter 53, or comparable provisions); or
• 5 U.S.C. § 8414(b)(2)

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  (2) An employee under paragraph (1) who is separated as described in subparagraph (A) of such paragraph is not entitled to an annuity under this subsection if the employee has declined a reasonable offer of another position in the employee’s agency for which the employee is qualified, and the offered position is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level) and is within the employee’s commuting area.
• 5 U.S.C. § 8414(b)(3)

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  (3) Paragraph (1) shall not apply to an employee entitled to an annuity under subsection (d)(1) or (e) of section 8412.
• 5 U.S.C. § 8414(c)(1)

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  (1) An employee who was hired as a military reserve technician on or before February 10, 1996 (under the provisions of this title in effect before that date), and who is separated from technician service, after becoming 50 years of age and completing 25 years of service, by reason of being separated from the Selected Reserve of the employee’s reserve component or ceasing to hold the military grade specified by the Secretary concerned for the position held by the employee is entitled to an annuity.
• 5 U.S.C. § 8414(c)(2)

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  (2) An employee who is initially hired as a military technician (dual status) after February 10, 1996, and who is separated from the Selected Reserve or ceases to hold the military grade specified by the Secretary concerned for the position held by the technician—

  (A) after completing 25 years of service as a military technician (dual status), or

  (B) after becoming 50 years of age and completing 20 years of service as a military technician (dual status),

  is entitled to an annuity.
• 5 U.S.C. § 8414(d)(1)

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  (1) The Secretary of Defense may, during fiscal years 2002 and 2003, carry out a program under which an employee of the Department of Defense may be separated from the service entitled to an immediate annuity under this subchapter if the employee—

  (A) has—

  (i) completed 25 years of service; or

  (ii) become 50 years of age and completed 20 years of service; and

  (B) is eligible for the annuity under paragraph (2) or (3).
• 5 U.S.C. § 8414(d)(2)(A)

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  (A) For the purposes of paragraph (1), an employee referred to in that paragraph is eligible for an immediate annuity under this paragraph if the employee—

  (i) is separated from the service involuntarily other than for cause; and

  (ii) has not declined a reasonable offer of another position in the Department of Defense for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level), and which is within the employee’s commuting area.
• 5 U.S.C. § 8414(d)(2)(A)(ii)

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  (ii) has not declined a reasonable offer of another position in the Department of Defense for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level), and which is within the employee’s commuting area.
• 5 U.S.C. § 8414(d)(2)(B)

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  (B) For the purposes of paragraph (2)(A)(i), a separation for failure to accept a directed reassignment to a position outside the commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function may not be considered to be a removal for cause.
• 5 U.S.C. § 8414(d)(3)

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  (3) For the purposes of paragraph (1), an employee referred to in that paragraph is eligible for an immediate annuity under this paragraph if the employee satisfies all of the following conditions:

  (A) The employee is separated from the service voluntarily during a period in which the organization within the Department of Defense in which the employee is serving is undergoing a major organizational adjustment.

  (B) The employee has been employed continuously by the Department of Defense for more than 30 days before the date on which the head of the employee’s organization requests the determinations required under subparagraph (A).

  (C) The employee is serving under an appointment that is not limited by time.

  (D) The employee is not in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance.

  (E) The employee is within the scope of an offer of voluntary early retirement, as defined on the basis of one or more of the following objective criteria:

  (i) One or more organizational units.

  (ii) One or more occupational groups, series, or levels.

  (iii) One or more geographical locations.

  (iv) Any other similar objective and nonpersonal criteria that the Office of Personnel Management determines appropriate.
• 5 U.S.C. § 8414(d)(3)(A)

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  (A) The employee is separated from the service voluntarily during a period in which the organization within the Department of Defense in which the employee is serving is undergoing a major organizational adjustment.
• 5 U.S.C. § 8414(d)(3)(B)

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  (B) The employee has been employed continuously by the Department of Defense for more than 30 days before the date on which the head of the employee’s organization requests the determinations required under subparagraph (A).
• 5 U.S.C. § 8414(d)(3)(C)

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  (C) The employee is serving under an appointment that is not limited by time.
• 5 U.S.C. § 8414(d)(3)(D)

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  (D) The employee is not in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance.
• 5 U.S.C. § 8414(d)(3)(E)

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  (E) The employee is within the scope of an offer of voluntary early retirement, as defined on the basis of one or more of the following objective criteria:

  (i) One or more organizational units.

  (ii) One or more occupational groups, series, or levels.

  (iii) One or more geographical locations.

  (iv) Any other similar objective and nonpersonal criteria that the Office of Personnel Management determines appropriate.
• 5 U.S.C. § 8414(d)(4)

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  (4) Under regulations prescribed by the Office of Personnel Management, the determinations of whether an employee meets—

  (A) the requirements of subparagraph (A) of paragraph (3) shall be made by the Office upon the request of the Secretary of Defense; and

  (B) the requirements of subparagraph (E) of such paragraph shall be made by the Secretary of Defense.
• 5 U.S.C. § 8414(d)(5)

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  (5) A determination of which employees are within the scope of an offer of early retirement shall be made only on the basis of consistent and well-documented application of the relevant criteria.
• 5 U.S.C. § 8415(a)

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  (a) Except as otherwise provided in this section, the annuity of an employee retiring under this subchapter is 1 percent of that individual’s average pay multiplied by such individual’s total service.
• 5 U.S.C. § 8415(e)

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  (e) The annuity of an employee retiring under subsection (d)(1) or (e) of section 8412 or under subsection (a), (b), or (c) of section 8425 is—

  (1) 1⁷⁄₁₀ percent of that individual’s average pay multiplied by so much of such individual’s total service as does not exceed 20 years; plus

  (2) 1 percent of that individual’s average pay multiplied by so much of such individual’s total service as exceeds 20 years.
• 5 U.S.C. § 8415(g)(1)

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  (1) In computing an annuity under this subchapter for an employee whose service includes service performed on a part-time basis—

  (A) the average pay of the employee, to the extent that it includes pay for service performed in any position on a part-time basis, shall be determined by using the annual rate of basic pay that would be payable for full-time service in the position; and

  (B) the benefit so computed shall then be multiplied by a fraction equal to the ratio which the employee’s actual service, as determined by prorating the employee’s total service to reflect the service that was performed on a part-time basis, bears to the total service that would be creditable for the employee if all of the service had been performed on a full-time basis.
• 5 U.S.C. § 8415(g)(1)(A)

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  (A) the average pay of the employee, to the extent that it includes pay for service performed in any position on a part-time basis, shall be determined by using the annual rate of basic pay that would be payable for full-time service in the position; and
• 5 U.S.C. § 8415(g)(1)(B)

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  (B) the benefit so computed shall then be multiplied by a fraction equal to the ratio which the employee’s actual service, as determined by prorating the employee’s total service to reflect the service that was performed on a part-time basis, bears to the total service that would be creditable for the employee if all of the service had been performed on a full-time basis.
• 5 U.S.C. § 8415(h)(1)

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  (1) The annuity of an employee or Member retiring under section 8412(g) or 8413(b) is computed in accordance with applicable provisions of this section, except that the annuity shall be reduced by five-twelfths of 1 percent for each full month by which the commencement date of the annuity precedes the sixty-second anniversary of the birth of the employee or Member.
• 5 U.S.C. § 8415(h)(2)(A)

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  (A) Paragraph (1) does not apply in the case of an employee or Member retiring under section 8412(g) or 8413(b) if the employee or Member would satisfy the age and service requirements for title to an annuity under section 8412(a), (b), (d)(1)(B), (e)(2), or (f)(2), determined as if the employee or Member had, as of the date of separation, attained the age specified in subparagraph (B).
• 5 U.S.C. § 8415(h)(2)(B)

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  (B) A determination under subparagraph (A) shall be based on how old the employee or Member will be as of the date on which the annuity under section 8412(g) or 8413(b) is to commence.
• 5 U.S.C. § 8415(i)(1)

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  (1) In applying subsection (a) with respect to an employee under paragraph (2), the percentage applied under such subsection shall be 1.1 percent, rather than 1 percent.
• 5 U.S.C. § 8415(i)(2)

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  (2) This subsection applies in the case of an employee who—

  (A) retires entitled to an annuity under section 8412; and

  (B) at the time of the separation on which entitlement to the annuity is based, is at least 62 years of age and has completed at least 20 years of service;

  but does not apply in the case of a Congressional employee, military technician (dual status), law enforcement officer, member of the Supreme Court Police, firefighter, nuclear materials courier, air traffic controller, or customs and border protection officer¹
• 5 U.S.C. § 8415(l)

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  (l) The annuity of an employee retiring under this chapter with service credited under section 8411(b)(6) shall be reduced by the amount necessary to ensure that the present value of the annuity payable to the employee under this subchapter is actuarially equivalent to the present value of the annuity that would be payable to the employee under this subchapter if it were computed—

  (1) on the basis of service that does not include service credited under section 8411(b)(6); and

  (2) assuming the employee separated from service on the actual date of the separation of the employee.

  The amount of the reduction shall be computed under regulations prescribed by the Office of Personnel Management for the administration of this subsection.
• 5 U.S.C. § 8415(l)(2)

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  (2) assuming the employee separated from service on the actual date of the separation of the employee.
• 5 U.S.C. § 8415(m)(1)

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  (1) In computing an annuity under this subchapter, the total service of an employee who retires from the position of a registered nurse with the Veterans Health Administration on an immediate annuity, or dies while employed in that position leaving any survivor entitled to an annuity, includes the days of unused sick leave to the credit of that employee under a formal leave system, except that such days shall not be counted in determining average pay or annuity eligibility under this subchapter.
• 5 U.S.C. § 8415(m)(2)(A)

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  (A) Except as provided in paragraph (1), in computing an annuity under this subchapter, the total service of an employee who retires on an immediate annuity or who dies leaving a survivor or survivors entitled to annuity includes the applicable percentage of the days of unused sick leave to his credit under a formal leave system and for which days the employee has not received payment, except that these days will not be counted in determining average pay or annuity eligibility under this subchapter. For purposes of this subsection, in the case of any such employee who is excepted from subchapter I of chapter 63 under section 6301(2)(x) through (xiii), the days of unused sick leave to his credit include any unused sick leave standing to his credit when he was excepted from such subchapter.
• 5 U.S.C. § 8416(a)(1)

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  (1) If an employee or Member is married at the time of retiring under this chapter, the reduction described in section 8419(a) shall be made unless the employee or Member and the spouse jointly waive, by written election, any right which the spouse may have to a survivor annuity under section 8442 based on the service of such employee or Member. A waiver under this paragraph shall be filed with the Office under procedures prescribed by the Office.
• 5 U.S.C. § 8416(a)(2)

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  (2) Notwithstanding paragraph (1), an employee or Member who is married at the time of retiring under this chapter may waive the annuity for a surviving spouse without the spouse’s consent if the employee or Member establishes to the satisfaction of the Office (in accordance with regulations prescribed by the Office)—

  (A) that the spouse’s whereabouts cannot be determined; or

  (B) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse’s consent would otherwise be inappropriate.
• 5 U.S.C. § 8416(a)(2)(B)

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  (B) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse’s consent would otherwise be inappropriate.
• 5 U.S.C. § 8416(b)(1)

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  (1) Upon remarriage, a retired employee or Member who was married at the time of retirement (including an employee or Member whose annuity was not reduced to provide a survivor annuity for the employee’s or Member’s spouse or former spouse as of the time of retirement) may irrevocably elect during such marriage, in a signed writing received by the Office within 2 years after such remarriage or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8445 (or of the last such surviving former spouse, if there was more than one), a reduction in the employee’s or Member’s annuity under section 8419(a) for the purpose of providing an annuity for such employee’s or Member’s spouse in the event such spouse survives the employee or Member.
• 5 U.S.C. § 8416(b)(3)(A)

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  (A) shall prospectively void any election made by the employee or Member under section 8420 with respect to such individual; or
• 5 U.S.C. § 8416(b)(3)(B)

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  (B) shall, if an election was made by the employee or Member under section 8420 with respect to a different individual, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subsection.
• 5 U.S.C. § 8416(b)(4)

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  (4) Any election under this subsection made by an employee or Member on behalf of an individual after the retirement of such employee or Member shall not be effective if—

  (A) the employee or Member was married to such individual at the time of retirement; and

  (B) the annuity rights of such individual based on the service of such employee or Member were then waived under subsection (a).
• 5 U.S.C. § 8416(b)(4)(A)

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  (A) the employee or Member was married to such individual at the time of retirement; and
• 5 U.S.C. § 8416(b)(4)(B)

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  (B) the annuity rights of such individual based on the service of such employee or Member were then waived under subsection (a).
• 5 U.S.C. § 8416(c)(1)

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  (1) An employee or Member who is unmarried at the time of retiring under this chapter and who later marries may irrevocably elect, in a signed writing received by the Office within 2 years after such employee or Member marries or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8445 (or of the last such surviving former spouse, if there was more than one), a reduction in the current annuity of the retired employee or Member, in accordance with section 8419(a).
• 5 U.S.C. § 8416(c)(2)(A)

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  (A) shall prospectively void any election made by the employee or Member under section 8420 with respect to such individual; or
• 5 U.S.C. § 8416(c)(2)(B)

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  (B) shall, if an election was made by the employee or Member under section 8420 with respect to a different individual, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subsection.
• 5 U.S.C. § 8416(d)(1)

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  (1) An employee or Member—

  (A) who is married on the date of retiring under this chapter, and

  (B) with respect to whose spouse a waiver under subsection (a) has been made,

  may, during the 18-month period beginning on such date, elect to have a reduction made under section 8419 in order to provide a survivor annuity under section 8442 for such spouse.
• 5 U.S.C. § 8416(d)(2)(B)(i)

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  (i) the difference (for the period between the date on which the annuity of the former employee or Member commences and the date on which reductions pursuant to the election under this subsection commence) between the amount paid to the former employee or Member from the Fund under this chapter and the amount which would have been paid if such election had been made at the time of retirement; and
• 5 U.S.C. § 8416(d)(3)

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  (3) An annuity which is reduced pursuant to an election by a former employee or Member under this subsection shall be reduced by the same percentage as was in effect under section 8419 as of the date of the employee’s or Member’s retirement.
• 5 U.S.C. § 8416(d)(5)

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  (5) The Office shall inform each employee and Member who is eligible to make an election under this subsection of the right to make such election and the procedures and deadlines applicable in making any such election.
• 5 U.S.C. § 8417(a)

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  (a) If an employee or Member has a former spouse who is entitled to a survivor annuity as provided in section 8445, the reduction described in section 8419(a) shall be made.
• 5 U.S.C. § 8417(b)(1)

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  (1) An employee or Member who has a former spouse may elect, under procedures prescribed by the Office, a reduction in the annuity of the employee or Member under section 8419(a) in order to provide a survivor annuity for such former spouse under section 8445.
• 5 U.S.C. § 8417(b)(2)

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  (2) An election under this subsection shall be made at the time of retirement or, if the marriage is dissolved after the date of retirement, within 2 years after the date on which the marriage of the former spouse to the employee or Member is so dissolved.
• 5 U.S.C. § 8417(b)(3)(A)(ii)

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  (ii) would cause the total of survivor annuities payable under sections 8442 and 8445, respectively, based on the service of the employee or Member to exceed the amount which would be payable to a widow or widower of such employee or Member under such section 8442 (determined without regard to any reduction to provide for an annuity under such section 8445); and
• 5 U.S.C. § 8417(b)(3)(B)

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  (B) shall not be effective, in the case of an employee or Member who is then married, unless it is made with the spouse’s written consent.
• 5 U.S.C. § 8418(b)

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  (b) The Office shall, by regulation, provide for payment of the deposit required under subsection (a) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under subsection (a), except that the total reductions in the annuity of an employee or Member to pay deposits required by this section shall not exceed 25 percent of the annuity computed under section 8415 or section 8452, including adjustments under section 8462. The reduction required by this subsection, which shall be effective at the same time as the election under section 8416(b) and (c) or section 8417(b), shall be permanent and unaffected by any future termination of the marriage or the entitlement of the former spouse. Such reduction shall be independent of and in addition to the reduction required under section 8416(b) and (c) or section 8417(b).
• 5 U.S.C. § 8418(c)(1)

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  (1) the employee or Member makes an election under section 8416(b) or (c) after having made an election under section 8420; and
• 5 U.S.C. § 8418(d)

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  (d) The Office shall prescribe regulations under which the survivor of an employee or Member may make a deposit under this section.
• 5 U.S.C. § 8419(a)(1)

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  (1) Except as provided in paragraph (2), the annuity of an annuitant computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable) or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by 10 percent if a survivor annuity, or a combination of survivor annuities, under section 8442 or 8445 (or both) are to be provided for.
• 5 U.S.C. § 8419(a)(2)(A)

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  (A) If no survivor annuity under section 8442 is to be provided for, but one or more survivor annuities under section 8445 involving a total of less than the entirety of the amount referred to in subsection (b)(2) of such section are to be provided for, the annuity of the annuitant involved (as computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable)) or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by an appropriate percentage determined under subparagraph (B).
• 5 U.S.C. § 8419(b)(1)

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  (1) Any reduction in an annuity for the purpose of providing a survivor annuity for the current spouse of a retired employee or Member shall be terminated for each full month—

  (A) after the death of the spouse; or

  (B) after the dissolution of the spouse’s marriage to the employee or Member, except that an appropriate reduction shall be made thereafter if the spouse is entitled, as a former spouse, to a survivor annuity under section 8445.
• 5 U.S.C. § 8419(b)(1)(B)

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  (B) after the dissolution of the spouse’s marriage to the employee or Member, except that an appropriate reduction shall be made thereafter if the spouse is entitled, as a former spouse, to a survivor annuity under section 8445.
• 5 U.S.C. § 8419(b)(2)

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  (2) Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse remarries before reaching age 55 or dies. This reduction shall be replaced by appropriate reductions under subsection (a) if the retired employee or Member has one or more of the following:

  (A) another former spouse who is entitled to a survivor annuity under section 8445;

  (B) a current spouse to whom the employee or Member was married at the time of retirement and with respect to whom a survivor annuity was not waived under section 8416(a) (or, if waived, with respect to whom an election under section 8416(d) has been made); or

  (C) a current spouse whom the employee or Member married after retirement and with respect to whom an election has been made under subsection (b) or (c) of section 8416.
• 5 U.S.C. § 8419(b)(2)(B)

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  (B) a current spouse to whom the employee or Member was married at the time of retirement and with respect to whom a survivor annuity was not waived under section 8416(a) (or, if waived, with respect to whom an election under section 8416(d) has been made); or
• 5 U.S.C. § 8419(b)(2)(C)

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  (C) a current spouse whom the employee or Member married after retirement and with respect to whom an election has been made under subsection (b) or (c) of section 8416.
• 5 U.S.C. § 8420(a)(1)

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  (1) At the time of retiring under section 8412, 8413, or 8414, an employee or Member who is found to be in good health by the Office may elect to have such employee’s or Member’s annuity (as computed under section 8415) reduced under paragraph (2) in order to provide an annuity under section 8444 for an individual having an insurable interest in the employee or Member. Such individual shall be designated by the employee or Member in writing.
• 5 U.S.C. § 8420(a)(2)

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  (2) The annuity of the employee or Member making the election is reduced by 10 percent, and by 5 percent for each full 5 years the individual named is younger than the retiring employee or Member, except that the total reduction may not exceed 40 percent.
• 5 U.S.C. § 8420(b)(1)

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  (1) In the case of a married employee or Member, an election under this section on behalf of the spouse may be made only if any right of such spouse to a survivor annuity based on the service of such employee or Member is waived in accordance with section 8416(a).
• 5 U.S.C. § 8420(b)(2)

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  (2) Paragraph (1) does not apply in the case of an employee or Member if such employee or Member has a former spouse who would become entitled to an annuity under section 8445 as a survivor of such employee or Member.
• 5 U.S.C. § 8420a(a)

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  (a) The Office shall prescribe regulations under which any employee or Member who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter, elect annuity benefits under this section instead of any other benefits under this subchapter, and any benefits under subchapter IV of this chapter, based on the service of the employee or Member.
• 5 U.S.C. § 8420a(b)(1)(A)

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  (A) payment of the lump-sum credit (excluding interest) to the employee or Member; and
• 5 U.S.C. § 8420a(b)(1)(B)

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  (B) payment of an annuity to the employee or Member for life; and
• 5 U.S.C. § 8420a(b)(2)

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  (2) in the case of an employee or Member who is married at the time of retirement, an alternative which provides for—

  (A) payment of the lump-sum credit (excluding interest) to the employee or Member; and

  (B) payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse.
• 5 U.S.C. § 8420a(b)(2)(A)

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  (A) payment of the lump-sum credit (excluding interest) to the employee or Member; and
• 5 U.S.C. § 8420a(b)(2)(B)

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  (B) payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse.
• 5 U.S.C. § 8420a(d)

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  (d) An employee or Member who, at the time of retiring under this subchapter—

  (1) is married, shall be ineligible to make an election under this section unless a waiver is made under section 8416(a); or

  (2) has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under section 8445 or 8467 (based on the service of the employee or Member) under the terms of a decree of divorce or annulment, or a court order or court-approved property settlement incident to any such decree, with respect to which the Office has been duly notified.
• 5 U.S.C. § 8420a(d)(2)

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  (2) has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under section 8445 or 8467 (based on the service of the employee or Member) under the terms of a decree of divorce or annulment, or a court order or court-approved property settlement incident to any such decree, with respect to which the Office has been duly notified.
• 5 U.S.C. § 8420a(e)

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  (e) An employee or Member who is married at the time of retiring under this subchapter and who makes an election under this section may, during the 18-month period beginning on the date of retirement, make the election provided for under section 8416(d), subject to the deposit requirement thereunder.
• 5 U.S.C. § 8422(a)(1)

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  (1) The employing agency shall deduct and withhold from basic pay of each employee and Member a percentage of basic pay determined in accordance with paragraph (2).
• 5 U.S.C. § 8422(a)(3)(A)

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  (A) The applicable percentage under this paragraph for civilian service by employees or Members other than revised annuity employees or further revised annuity employees shall be as follows:
• 5 U.S.C. § 8422(a)(3)(B)

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  (B) The applicable percentage under this paragraph for civilian service by revised annuity employees shall be as follows:
• 5 U.S.C. § 8422(a)(3)(C)

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  (C) The applicable percentage under this paragraph for civilian service by further revised annuity employees shall be as follows:
• 5 U.S.C. § 8422(b)

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  (b) Each employee or Member is deemed to consent and agree to the deductions under subsection (a). Notwithstanding any law or regulation affecting the pay of an employee or Member, payment less such deductions is a full and complete discharge and acquittance of all claims and demands for regular services during the period covered by the payment, except the right to any benefits under this subchapter, or under subchapter IV or V of this chapter, based on the service of the employee or Member.
• 5 U.S.C. § 8422(c)

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  (c) The amounts deducted and withheld under this section shall be deposited in the Treasury of the United States to the credit of the Fund under such procedures as the Secretary of the Treasury may prescribe. Deposits made by an employee, Member, or survivor also shall be credited to the Fund.
• 5 U.S.C. § 8422(e)(1)(A)

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  (A) Except as provided in subparagraph (B), and subject to paragraph (6), each employee or Member who has performed military service before the date of the separation on which the entitlement to any annuity under this subchapter, or subchapter V of this chapter, is based may pay, in accordance with such regulations as the Office shall issue, to the agency by which the employee is employed, or, in the case of a Member or a Congressional employee, to the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate, an amount equal to 3 percent of the amount of the basic pay paid under section 204 of title 37 to the employee or Member for each period of military service after December 1956. The amount of such payments shall be based on such evidence of basic pay for military service as the employee or Member may provide, or if the Office determines sufficient evidence has not been so provided to adequately determine basic pay for military service, such payment shall be based on estimates of such basic pay provided to the Office under paragraph (4).
• 5 U.S.C. § 8422(e)(1)(B)

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  (B) In any case where military service interrupts creditable civilian service under this subchapter and reemployment pursuant to chapter 43 of title 38 occurs on or after August 1, 1990, the deposit payable under this paragraph may not exceed the amount that would have been deducted and withheld under subsection (a)(1) from basic pay during civilian service if the employee had not performed the period of military service.
• 5 U.S.C. § 8422(e)(2)(B)

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  (B) the date on which the employee or Member making the deposit first becomes an employee or Member following the period of military service for which such deposit is due,
• 5 U.S.C. § 8422(e)(5)

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  (5) For the purpose of survivor annuities, deposits authorized by this subsection may also be made by a survivor of an employee or Member.
• 5 U.S.C. § 8422(e)(7)(A)

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  (A) In calculating and processing the deposit under paragraph (1) with respect to an employee, Member, or annuitant, if the employing agency of such employee, Member, or annuitant makes an administrative error, such employing agency may pay, on behalf of the employee, Member, or annuitant, any additional interest assessed due to the administrative error.
• 5 U.S.C. § 8422(f)(1)

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  (1) Each employee or Member who has performed service as a volunteer or volunteer leader under part A of title VIII of the Economic Opportunity Act of 1964, as a full-time volunteer enrolled in a program of at least 1 year’s duration under part A, B,¹ or C of title I of the Domestic Volunteer Service Act of 1973, or as a volunteer or volunteer leader under the Peace Corps Act before the date of the separation on which the entitlement to any annuity under this subchapter, or subchapter V of this chapter, is based may pay, in accordance with such regulations as the Office of Personnel Management shall issue, an amount equal to 3 percent of the readjustment allowance paid to the employee or Member under title VIII of the Economic Opportunity Service Act of 1964 or section 5(c) or 6(1) of the Peace Corps Act or the stipend paid to the employee or Member under part A, B,¹ or C of title I of the Domestic Volunteer Service Act of 1973, for each period of service as such a volunteer or volunteer leader. This paragraph shall be subject to paragraph (4).
• 5 U.S.C. § 8422(f)(2)(B)

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  (B) the date on which the employee or Member making the deposit first becomes an employee or Member,
• 5 U.S.C. § 8422(f)(5)(A)

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  (A) In calculating and processing the deposit under paragraph (1) with respect to an employee, Member, or annuitant, if an employing agency of such employee, Member, or annuitant makes an administrative error that causes additional interest assessed to accrue on the deposit, the employee, Member, or annuitant’s employing agency may pay, on behalf of the employee, Member, or annuitant, any additional interest assessed due to the administrative error.
• 5 U.S.C. § 8422(f)(5)(B)

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  (B) In calculating and processing the deposit under paragraph (1) with respect to an employee, Member, or annuitant, if the Office of Personnel Management makes an administrative error that causes additional interest assessed to accrue on the deposit, the Office of Personnel Management may pay, on behalf of the employee, Member, or annuitant, any additional interest assessed due to the administrative error.
• 5 U.S.C. § 8422(i)(1)

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  (1) Each employee or Member who has received a refund of retirement deductions under this or any other retirement system established for employees of the Government covering service for which such employee or Member may be allowed credit under this chapter may deposit the amount received, with interest. Credit may not be allowed for the service covered by the refund until the deposit is made.
• 5 U.S.C. § 8422(i)(3)

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  (3) For the purpose of survivor annuities, deposits authorized by this subsection may also be made by a survivor of an employee or Member.
• 5 U.S.C. § 8423(a)(1)

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  (1) Each employing agency having any employees or Members subject to section 8422(a) shall contribute to the Fund an amount equal to the sum of—

  (A) the product of—

  (i) the normal-cost percentage, as determined for employees (other than employees covered by subparagraph (B)), multiplied by

  (ii) the aggregate amount of basic pay payable by the agency, for the period involved, to employees (under clause (i)) who are within such agency; and

  (B) the product of—

  (i) the normal-cost percentage, as determined for Members, Congressional employees (including a separate normal-cost percentage for Congressional employees that are members of the Capitol Police covered under subsection (d) of section 8412 and subsection (c) of section 8425), law enforcement officers, members of the Supreme Court Police, firefighters, nuclear materials couriers, customs and border protection officers, air traffic controllers, military reserve technicians, and employees under sections 302 and 303 of the Central Intelligence Agency Retirement Act, multiplied by

  (ii) the aggregate amount of basic pay payable by the agency, for the period involved, to employees and Members (under clause (i)) who are within such agency.
• 5 U.S.C. § 8423(a)(1)(A)(i)

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  (i) the normal-cost percentage, as determined for employees (other than employees covered by subparagraph (B)), multiplied by
• 5 U.S.C. § 8423(a)(1)(A)(ii)

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  (ii) the aggregate amount of basic pay payable by the agency, for the period involved, to employees (under clause (i)) who are within such agency; and
• 5 U.S.C. § 8423(a)(1)(B)(i)

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  (i) the normal-cost percentage, as determined for Members, Congressional employees (including a separate normal-cost percentage for Congressional employees that are members of the Capitol Police covered under subsection (d) of section 8412 and subsection (c) of section 8425), law enforcement officers, members of the Supreme Court Police, firefighters, nuclear materials couriers, customs and border protection officers, air traffic controllers, military reserve technicians, and employees under sections 302 and 303 of the Central Intelligence Agency Retirement Act, multiplied by
• 5 U.S.C. § 8423(a)(1)(B)(ii)

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  (ii) the aggregate amount of basic pay payable by the agency, for the period involved, to employees and Members (under clause (i)) who are within such agency.
• 5 U.S.C. § 8423(a)(3)(A)

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  (A) in the case of law enforcement officers, members of the Supreme Court Police, firefighters, nuclear materials couriers, customs and border protection officers, air traffic controllers, military reserve technicians, and other employees, from the appropriation or fund used to pay such law enforcement officers, members of the Supreme Court Police, firefighters, nuclear materials couriers, customs and border protection officers, air traffic controllers, military reserve technicians, or other employees, respectively;
• 5 U.S.C. § 8423(a)(3)(C)

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  (C) in the case of employees of the legislative branch paid by the Chief Administrative Officer of the House of Representatives, from the applicable accounts of the House of Representatives.
• 5 U.S.C. § 8423(b)(1)(B)

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  (B) the amount of the supplemental liability of the Fund with respect to current or former employees of the United States Postal Service (and the Postal Regulatory Commission) and their survivors;
• 5 U.S.C. § 8424(a)

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  (a) Subject to subsection (b), an employee or Member who—

  (A) is separated from the service for at least 31 consecutive days; or

  (B) is transferred to a position in which the individual is not subject to this chapter and remains in such a position for at least 31 consecutive days;

  (2) files an application with the Office for payment of the lump-sum credit;

  (3) is not reemployed in a position in which the individual is subject to this chapter at the time of filing the application; and

  (4) will not become eligible to receive an annuity within 31 days after filing the application;

  is entitled to be paid the lump-sum credit. Except as provided in section 8420a, payment of the lump-sum credit to an employee or Member voids all annuity rights under this subchapter, and subchapters IV and V of this chapter, based on the service on which the lump-sum credit is based, until the employee or Member is reemployed in the service subject to this chapter.
• 5 U.S.C. § 8424(b)(1)(A)

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  (A) Payment of the lump-sum credit under subsection (a) may be made only if the spouse, if any, and any former spouse of the employee or Member are notified of the employee or Member’s application.
• 5 U.S.C. § 8424(b)(1)(B)

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  (B) The Office shall prescribe regulations under which the lump-sum credit shall not be paid without the consent of a spouse or former spouse of the employee or Member where the Office has received such additional information or documentation as the Office may require that—

  (i) a court order bars payment of the lump-sum credit in order to preserve the court’s ability to award an annuity under section 8445 or 8467; or

  (ii) payment of the lump-sum credit would extinguish the entitlement of the spouse or former spouse, under a court order on file with the Office, to a survivor annuity under section 8445 or to any portion of an annuity under section 8467.
• 5 U.S.C. § 8424(b)(2)(B)

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  (B) Under the regulations, the Office may provide that paragraph (1)(A) may be waived with respect to a spouse or former spouse if the employee or Member establishes to the satisfaction of the Office that the whereabouts of such spouse or former spouse cannot be determined.
• 5 U.S.C. § 8424(c)

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  (c) Under regulations prescribed by the Office, an employee or Member, or a former employee or Member, may designate one or more beneficiaries under this section.
• 5 U.S.C. § 8424(d)

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  (d) Lump-sum benefits authorized by subsections (e) through (g) shall be paid to the individual or individuals surviving the employee or Member and alive at the date title to the payment arises in the following order of precedence, and the payment bars recovery by any other individual:

  First, to the beneficiary or beneficiaries designated by the employee or Member in a signed and witnessed writing received in the Office before the death of such employee or Member. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect.

  Second, if there is no designated beneficiary, to the widow or widower of the employee or Member.

  Third, if none of the above, to the child or children of the employee or Member and descendants of deceased children by representation.

  Fourth, if none of the above, to the parents of the employee or Member or the survivor of them.

  Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee or Member.

  Sixth, if none of the above, to such other next of kin of the employee or Member as the Office determines to be entitled under the laws of the domicile of the employee or Member at the date of death of the employee or Member.

  For the purpose of this subsection, “child” includes a natural child and an adopted child, but does not include a stepchild.
• 5 U.S.C. § 8424(e)

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  (e) If an employee or Member, or former employee or Member, dies—

  (1) without a survivor, or

  (2) with a survivor or survivors and the right of all survivors under subchapter IV terminates before a claim for survivor annuity under such subchapter is filed,

  the lump-sum credit shall be paid.
• 5 U.S.C. § 8424(f)

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  (f) If all annuity rights under this chapter (other than under subchapter III of this chapter) based on the service of a deceased employee or Member terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid.
• 5 U.S.C. § 8425(b)(1)

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  (1) A law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer who is otherwise eligible for immediate retirement under section 8412(d)(1) shall be separated from the service on the last day of the month in which that law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer¹ as the case may be, becomes 57 years of age or completes 20 years of service if then over that age. If the head of the agency judges that the public interest so requires, that agency head may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days before that date. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires.
• 5 U.S.C. § 8425(b)(2)

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  (2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by substituting “65 years of age” for “60 years of age”. The authority to grant exemptions in accordance with the preceding sentence shall cease to be available after December 31, 2011.
• 5 U.S.C. § 8425(e)

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  (e) The President, by Executive order, may exempt an employee (other than a member of the Capitol Police or Supreme Court Police) from automatic separation under this section if the President determines the public interest so requires.
• 5 U.S.C. § 8432(a)(1)

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  (1) An employee or Member may contribute to the Thrift Savings Fund in any pay period, pursuant to an election under subsection (b), an amount not to exceed the maximum percentage of such employee’s or Member’s basic pay for such pay period allowable under paragraph (2). Contributions under this subsection pursuant to such an election shall, with respect to each pay period for which such election remains in effect, be made in accordance with a program of regular contributions provided in regulations prescribed by the Executive Director.
• 5 U.S.C. § 8432(b)(1)(A)(i)

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  (i) The Executive Director shall prescribe regulations under which employees and Members may make contributions under subsection (a), to modify the amount to be contributed under such subsection, or to terminate such contributions.
• 5 U.S.C. § 8432(b)(1)(B)

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  (B) The amount to be contributed pursuant to an election under subparagraph (A) shall be the percentage of basic pay or amount designated by the employee or Member.
• 5 U.S.C. § 8432(c)(1)(A)

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  (A) At the time prescribed by the Executive Director, but no later than 12 days after the end of the pay period that includes the first date on which an employee or Member may make contributions under subsection (a) (without regard to whether the employee or Member has elected to make such contributions during such pay period), and within such time as the Executive Director may prescribe with respect to succeeding pay periods (but no later than 12 days after the end of each such pay period), the employing agency shall contribute to the Thrift Savings Fund for the benefit of such employee or Member the amount equal to 1 percent of the basic pay of such employee or Member for such pay period.
• 5 U.S.C. § 8432(c)(1)(B)

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  (B) In the case of each employee or Member who is an employee or Member on January 1, 1987, and continues as an employee or Member without a break in service through April 1, 1987, the employing agency shall contribute to the Thrift Savings Fund for the benefit of such employee or Member the amount equal to 1 percent of the total basic pay paid to such employee or Member for that period of service.
• 5 U.S.C. § 8432(c)(1)(C)

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  (C) If an employee or Member—

  (i) is an employee or Member on January 1, 1987;

  (ii) separates from Government employment before April 1, 1987; and

  (iii) before separation, completes the number of years of civilian service applicable to such employee or Member under subparagraph (A) or (B) of subsection (g)(2),

  the employing agency shall contribute to the Thrift Savings Fund for the benefit of such employee or Member the amount equal to 1 percent of the total basic pay paid to such employee or Member for service performed on or after January 1, 1987, and before the date of the separation.
• 5 U.S.C. § 8432(c)(1)(C)(i)

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  (i) is an employee or Member on January 1, 1987;
• 5 U.S.C. § 8432(c)(1)(C)(iii)

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  (iii) before separation, completes the number of years of civilian service applicable to such employee or Member under subparagraph (A) or (B) of subsection (g)(2),
• 5 U.S.C. § 8432(c)(2)(A)

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  (A) In addition to contributions made under paragraph (1), the employing agency of an employee or Member who contributes to the Thrift Savings Fund under subsection (a) for any pay period shall make a contribution to the Thrift Savings Fund for the benefit of such employee or Member. The employing agency’s contribution shall be made within such time as the Executive Director may prescribe, but no later than 12 days after the end of each such pay period.
• 5 U.S.C. § 8432(c)(2)(B)

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  (B) The amount contributed under subparagraph (A) by an employing agency with respect to a contribution of an employee or Member during any pay period shall be the amount equal to the sum of—

  (i) such portion of the total amount of the employee’s or Member’s contribution as does not exceed 3 percent of such employee’s or Member’s basic pay for such period; and

  (ii) one-half of such portion of the amount of the employee’s or Member’s contribution as exceeds 3 percent, but does not exceed 5 percent, of such employee’s or Member’s basic pay for such pay period.
• 5 U.S.C. § 8432(c)(2)(B)(i)

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  (i) such portion of the total amount of the employee’s or Member’s contribution as does not exceed 3 percent of such employee’s or Member’s basic pay for such period; and
• 5 U.S.C. § 8432(c)(2)(B)(ii)

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  (ii) one-half of such portion of the amount of the employee’s or Member’s contribution as exceeds 3 percent, but does not exceed 5 percent, of such employee’s or Member’s basic pay for such pay period.
• 5 U.S.C. § 8432(c)(2)(C)

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  (C) Notwithstanding subparagraph (B), the amount contributed under subparagraph (A) by an employing agency with respect to any contribution made by an employee or Member during any pay period which begins after the date on which such employee or Member makes an election under subsection (b)(4)² and before July 1, 1987, shall be the amount equal to the sum of—

  (i) two times such portion of the total amount of the employee’s or Member’s contribution as does not exceed 3 percent of such employee’s or Member’s basic pay for such pay period; and

  (ii) such portion of the total amount of the employee’s or Member’s contributions as exceeds 3 percent, but does not exceed 5 percent, of such employee’s or Member’s basic pay for such pay period.
• 5 U.S.C. § 8432(c)(2)(C)(i)

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  (i) two times such portion of the total amount of the employee’s or Member’s contribution as does not exceed 3 percent of such employee’s or Member’s basic pay for such pay period; and
• 5 U.S.C. § 8432(c)(2)(C)(ii)

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  (ii) such portion of the total amount of the employee’s or Member’s contributions as exceeds 3 percent, but does not exceed 5 percent, of such employee’s or Member’s basic pay for such pay period.
• 5 U.S.C. § 8432(c)(3)(A)

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  (A) There shall be contributed to the Thrift Savings Fund on behalf of each employee or Member described in subparagraph (B) the amount determined under subparagraph (C).
• 5 U.S.C. § 8432(c)(3)(B)

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  (B) An employee or Member referred to in subparagraph (A) is an employee or Member who—

  (i) is an employee or Member on January 1, 1987;

  (ii) has creditable service described in section 8411(b)(2) of this title; and

  (iii) has not received a refund of the amount of the retirement deductions made with respect to such service under section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983.
• 5 U.S.C. § 8432(c)(3)(B)(i)

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  (i) is an employee or Member on January 1, 1987;
• 5 U.S.C. § 8432(c)(3)(B)(iii)

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  (iii) has not received a refund of the amount of the retirement deductions made with respect to such service under section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983.
• 5 U.S.C. § 8432(c)(3)(C)

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  (C) The amount referred to in subparagraph (A) in the case of an employee or Member is equal to the sum of—

  (i) 1 percent of the total basic pay paid to such employee or Member for service described in section 8411(b)(2) of this title; and

  (ii) interest on such amount computed with respect to such service in the manner provided in paragraphs (2) and (3) of section 8334(e) of this title.
• 5 U.S.C. § 8432(c)(3)(C)(i)

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  (i) 1 percent of the total basic pay paid to such employee or Member for service described in section 8411(b)(2) of this title; and
• 5 U.S.C. § 8432(e)

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  (e) The sums required to be contributed to the Thrift Savings Fund by an employing agency under subsection (c) for the benefit of an employee or Member shall be paid from the appropriation or fund available to such agency for payment of salaries of the employee’s or Member’s office or establishment. When an employee or Member in the legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives the contribution that otherwise would be contributed from the appropriation or fund used to pay the employee or Member.
• 5 U.S.C. § 8432(f)

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  (f) Amounts contributed by an employee or Member under subsection (a) and amounts contributed with respect to such employee or Member under subsection (c) shall be deposited in the Thrift Savings Fund to the credit of that employee’s or Member’s account in accordance with such procedures as the Secretary of the Treasury may, in consultation with the Executive Director, prescribe in regulations.
• 5 U.S.C. § 8432(g)(2)

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  (2) Contributions made for the benefit of an employee under subsection (c)(1) and all earnings attributable to such contributions shall be forfeited if the employee separates from Government employment before completing—

  (A) 2 years of civilian service in the case of an employee who, at the time of separation, is serving in—

  (i) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)(7) of this title);

  (ii) a position listed in section 5312, 5313, 5314, 5315, or 5316 of this title or a position placed in level IV or V of the Executive Schedule under section 5317 of this title; or

  (iii) a position in the Executive branch which is excepted from the competitive service by the Office by reason of the confidential and policy-determining character of the position;

  (B) 3 years of civilian service in the case of an employee who is not serving in a position described in subparagraph (A) at the time of separation; or

  (C) 2 years of service in the case of a member of the uniformed services.
• 5 U.S.C. § 8432(g)(2)(A)

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  (A) 2 years of civilian service in the case of an employee who, at the time of separation, is serving in—

  (i) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)(7) of this title);

  (ii) a position listed in section 5312, 5313, 5314, 5315, or 5316 of this title or a position placed in level IV or V of the Executive Schedule under section 5317 of this title; or

  (iii) a position in the Executive branch which is excepted from the competitive service by the Office by reason of the confidential and policy-determining character of the position;
• 5 U.S.C. § 8432(g)(2)(B)

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  (B) 3 years of civilian service in the case of an employee who is not serving in a position described in subparagraph (A) at the time of separation; or
• 5 U.S.C. § 8432(g)(4)

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  (4) Nothing in paragraph (2) or (3) shall cause the forfeiture of any contributions made for the benefit of an employee, Member, or Congressional employee under subsection (c)(1), or any earnings attributable thereto, if such employee, Member, or Congressional employee is not separated from Government employment as of date of death.
• 5 U.S.C. § 8432(g)(5)

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  (5) Notwithstanding any other provision of law, contributions made by the Government for the benefit of an employee or Member under subsection (c), and all earnings attributable to such contributions, shall be forfeited if the annuity of the employee or Member, or that of a survivor or beneficiary, is forfeited under subchapter II of chapter 83.
• 5 U.S.C. § 8432(i)(1)

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  (1) This subsection applies to any employee—

  (A) to whom section 8432b applies; and

  (B) who, during the period of such employee’s absence from civilian service (as referred to in section 8432b(b)(2)(B))—

  (i) is eligible to make an election described in subsection (b)(1); or

  (ii) would be so eligible but for having either elected to terminate individual contributions to the Thrift Savings Fund within 2 months before commencing military service or separated in order to perform military service.
• 5 U.S.C. § 8432(i)(1)(B)

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  (B) who, during the period of such employee’s absence from civilian service (as referred to in section 8432b(b)(2)(B))—

  (i) is eligible to make an election described in subsection (b)(1); or

  (ii) would be so eligible but for having either elected to terminate individual contributions to the Thrift Savings Fund within 2 months before commencing military service or separated in order to perform military service.
• 5 U.S.C. § 8432(i)(2)

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  (2) The Executive Director shall prescribe regulations to ensure that any employee to whom this subsection applies shall, within a reasonable time after being restored or reemployed (in the manner described in section 8432b(a)(2)), be afforded the opportunity to make, for purposes of this section, any election which would be allowable during a period described in subsection (b)(1)(A).
• 5 U.S.C. § 8432(j)(2)

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  (2) An employee or Member may contribute to the Thrift Savings Fund an eligible rollover that a qualified trust could accept under the Internal Revenue Code of 1986. A contribution made under this subsection shall be made in the form described in section 401(a)(31) of the Internal Revenue Code of 1986. In the case of an eligible rollover distribution, the maximum amount transferred to the Thrift Savings Fund shall not exceed the amount which would otherwise have been included in the employee’s or Member’s gross income for Federal income tax purposes.
• 5 U.S.C. § 8432(k)(1)

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  (1) Only those employees of the Central Intelligence Agency participating in the pilot project required by section 402(b) of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107–306; 50 U.S.C. 403–4 note)² and making contributions to the Thrift Savings Fund out of basic pay may also contribute (by direct transfer to the Fund) any part of bonus pay received by the employee as part of the pilot project.
• 5 U.S.C. § 8432(k)(3)

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  (3) For purposes of subsection (c), basic pay of an employee of the Central Intelligence Agency participating in the pilot project referred to in paragraph (1) shall include bonus pay received by the employee as part of the pilot project.
• 5 U.S.C. § 8432b(a)

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  (a) This section applies to any employee who—

  (1) separates or enters leave-without-pay status in order to perform military service; and

  (2) is subsequently restored to or reemployed in a position which is subject to this chapter, pursuant to chapter 43 of title 38.
• 5 U.S.C. § 8432b(b)(1)

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  (1) Each employee to whom this section applies may contribute to the Thrift Savings Fund, in accordance with this subsection, an amount not to exceed the amount described in paragraph (2).
• 5 U.S.C. § 8432b(b)(2)

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  (2) The maximum amount which an employee may contribute under this subsection is equal to—

  (A) the contributions under section 8432(a) which would have been made, over the period beginning on date of separation or commencement of leave-without-pay status (as applicable) and ending on the day before the date of restoration or reemployment (as applicable); reduced by

  (B) any contributions under section 8432(a) or 8440e actually made by such employee over the period described in subparagraph (A).
• 5 U.S.C. § 8432b(b)(2)(B)

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  (B) any contributions under section 8432(a) or 8440e actually made by such employee over the period described in subparagraph (A).
• 5 U.S.C. § 8432b(b)(3)(B)

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  (B) shall be made over the period of time specified by the employee under paragraph (4)(B); and
• 5 U.S.C. § 8432b(b)(4)

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  (4) The Executive Director shall prescribe the time, form, and manner in which an employee may specify—

  (A) the total amount such employee wishes to contribute under this subsection with respect to any particular period referred to in paragraph (2)(B); and

  (B) the period of time over which the employee wishes to make contributions under this subsection.

  The employing agency may place a maximum limit on the period of time referred to in subparagraph (B), which cannot be shorter than two times the period referred to in paragraph (2)(B) and not longer than four times such period.
• 5 U.S.C. § 8432b(b)(4)(A)

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  (A) the total amount such employee wishes to contribute under this subsection with respect to any particular period referred to in paragraph (2)(B); and
• 5 U.S.C. § 8432b(b)(4)(B)

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  (B) the period of time over which the employee wishes to make contributions under this subsection.
• 5 U.S.C. § 8432b(c)(1)

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  (1) If an employee makes contributions under subsection (b), the employing agency shall make contributions to the Thrift Savings Fund on such employee’s behalf—

  (A) in the same manner as would be required under section 8432(c)(2) if the employee contributions were being made under section 8432(a); and

  (B) disregarding any contributions then actually being made under section 8432(a) and any agency contributions relating thereto.
• 5 U.S.C. § 8432b(c)(1)(A)

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  (A) in the same manner as would be required under section 8432(c)(2) if the employee contributions were being made under section 8432(a); and
• 5 U.S.C. § 8432b(c)(2)

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  (2) An employee to whom this section applies is entitled to have contributed to the Thrift Savings Fund on such employee’s behalf an amount equal to—

  (A) the total contributions to which that individual would have been entitled under section 8432(c)(2), based on the amounts contributed by such individual under section 8440e (other than under subsection (d)(2) thereof) with respect to the period referred to in subsection (b)(2)(B), if those amounts had been contributed by such individual under section 8432(a); reduced by

  (B) any contributions actually made on such employee’s behalf under section 8432(c)(2) with respect to the period referred to in subsection (b)(2)(B).
• 5 U.S.C. § 8432b(c)(2)(B)

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  (B) any contributions actually made on such employee’s behalf under section 8432(c)(2) with respect to the period referred to in subsection (b)(2)(B).
• 5 U.S.C. § 8432b(d)

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  (d) An employee to whom this section applies is entitled to have contributed to the Thrift Savings Fund on such employee’s behalf an amount equal to—

  (1) 1 percent of such employee’s basic pay (as determined under subsection (e)) for the period referred to in subsection (b)(2)(B); reduced by

  (2) any contributions actually made on such employee’s behalf under section 8432(c)(1) with respect to the period referred to in subsection (b)(2)(B).
• 5 U.S.C. § 8432b(d)(1)

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  (1) 1 percent of such employee’s basic pay (as determined under subsection (e)) for the period referred to in subsection (b)(2)(B); reduced by
• 5 U.S.C. § 8432b(d)(2)

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  (2) any contributions actually made on such employee’s behalf under section 8432(c)(1) with respect to the period referred to in subsection (b)(2)(B).
• 5 U.S.C. § 8432b(e)

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  (e) For purposes of any computation under this section, an employee shall, with respect to the period referred to in subsection (b)(2)(B), be considered to have been paid at the rate which would have been payable over such period had such employee remained continuously employed in the position which such employee last held before separating or entering leave-without-pay status to perform military service.
• 5 U.S.C. § 8432b(f)(1)

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  (1) The employing agency may be required to pay lost earnings on contributions made pursuant to subsections (c) and (d). Such earnings, if required, shall be calculated retroactively to the date the contribution would have been made had the employee not separated or entered leave without pay status to perform military service.
• 5 U.S.C. § 8432b(g)(1)

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  (1) by the agency to which the employee is restored or in which such employee is reemployed;
• 5 U.S.C. § 8432b(h)(1)

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  (1) For purposes of section 8432(g), in the case of an employee to whom this section applies—

  (A) a separation from civilian service in order to perform the military service on which the employee’s restoration or reemployment rights are based shall be disregarded; and

  (B) such employee shall be credited with a period of civilian service equal to the period referred to in subsection (b)(2)(B).
• 5 U.S.C. § 8432b(h)(1)(A)

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  (A) a separation from civilian service in order to perform the military service on which the employee’s restoration or reemployment rights are based shall be disregarded; and
• 5 U.S.C. § 8432b(h)(1)(B)

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  (B) such employee shall be credited with a period of civilian service equal to the period referred to in subsection (b)(2)(B).
• 5 U.S.C. § 8432b(h)(2)(A)

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  (A) An employee to whom this section applies may elect, for purposes of subsection (d) or (f) of section 8433, as the case may be, to have such employee’s separation (described in subsection (a)(1)) treated as if it had never occurred.
• 5 U.S.C. § 8432c(c)

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  (c) If a covered person who makes contributions under section 8432(a) makes contributions under subsection (b), the agency employing the person shall make those contributions to the Thrift Savings Fund on the person’s behalf in the same manner as contributions are made for an employee described in section 8432b(a) under sections 8432b(c), 8432b(d), and 8432b(f). Amounts paid under this subsection shall be paid in the same manner as amounts are paid under section 8432b(g).
• 5 U.S.C. § 8433(a)

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  (a) An employee or Member who separates from Government employment is entitled to the amount of the balance in the employee’s or Member’s account (except for the portion of such amount forfeited under section 8432(g) of this title, if any) as provided in this section.
• 5 U.S.C. § 8433(b)

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  (b) Subject to section 8435 of this title, any employee or Member who separates from Government employment is entitled and may elect to withdraw from the Thrift Savings Fund the balance of the employee’s or Member’s account as—

  (1) an annuity;

  (2) a single payment;

  (3) 2 or more substantially equal payments to be made not less frequently than annually; or

  (4) any combination of payments as provided under paragraphs (1) through (3) as the Executive Director may prescribe by regulation.
• 5 U.S.C. § 8433(c)(1)

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  (1) In addition to the right provided under subsection (b) to withdraw the balance of the account, an employee or Member who separates from Government service may make one or more withdrawals of any amount in the same manner as a single payment is made in accordance with subsection (b)(2) from the employee’s or Member’s account.
• 5 U.S.C. § 8433(c)(2)

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  (2) An employee or Member may request that the amount withdrawn from the Thrift Savings Fund in accordance with subsection (b)(2) be transferred to an eligible retirement plan.
• 5 U.S.C. § 8433(c)(3)

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  (3) The Executive Director shall make each transfer elected under paragraph (2) directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986) identified by the employee, Member, former employee, or former Member for whom the transfer is made.
• 5 U.S.C. § 8433(c)(4)

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  (4) A transfer may not be made for an employee, Member, former employee, or former Member under paragraph (2) until the Executive Director receives from that individual the information required by the Executive Director specifically to identify the eligible retirement plan or plans to which the transfer is to be made.
• 5 U.S.C. § 8433(d)(1)

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  (1) Subject to paragraph (2) and subsections (a) and (c) of section 8435 of this title, an employee or Member may change an election previously made under this subchapter, except that in the case of an election to receive an annuity, a former employee or Member may not change an election under this section on or after the date on which an annuity contract is purchased to provide for the annuity elected by the former employee or Member.
• 5 U.S.C. § 8433(d)(2)

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  (2) A former employee or Member may not return a payment that was made pursuant to an election under this section.
• 5 U.S.C. § 8433(e)(1)

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  (1) If an employee or Member (or former employee or Member) dies without having made an election under this section or after having elected an annuity under this section but before making an election under section 8434 of this title, an amount equal to the value of that individual’s account (as of death) shall, subject to any decree, order, or agreement referred to in section 8435(c)(2) of this title be paid in a manner consistent with section 8424(d) of this title.
• 5 U.S.C. § 8433(e)(2)

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  (2) Notwithstanding section 8424(d), if an employee, Member, former employee, or former Member dies and has designated as sole or partial beneficiary his or her spouse at the time of death, or, if an employee, Member, former employee, or former Member, dies with no designated beneficiary and is survived by a spouse, the spouse may maintain the portion of the employee’s or Member’s account to which the spouse is entitled in accordance with the following terms:

  (A) Subject to the limitations of subparagraph (B), the spouse shall have the same withdrawal options under subsection (b) as the employee or Member were the employee or Member living.

  (B) The spouse may not make withdrawals under subsection (g) or (h).

  (C) The spouse may not make contributions or transfers to the account.

  (D) The account shall be disbursed upon the death of the surviving spouse. A beneficiary or surviving spouse of a deceased spouse who has inherited an account is ineligible to maintain the inherited spousal account.
• 5 U.S.C. § 8433(e)(2)(A)

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  (A) Subject to the limitations of subparagraph (B), the spouse shall have the same withdrawal options under subsection (b) as the employee or Member were the employee or Member living.
• 5 U.S.C. § 8433(f)

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  (f) Notwithstanding subsection (b), if an employee or Member separates from Government employment, and such employee’s or Member’s nonforfeitable account balance is less than an amount that the Executive Director prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment, unless an election under section 8432b(h)(2) is made to treat such separation for purposes of this subsection as if it had never occurred.
• 5 U.S.C. § 8433(g)(1)

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  (1) At any time before separation, an employee or Member may apply to the Board for permission to borrow from the employee’s or Member’s account an amount not exceeding the value of that portion of such account which is attributable to contributions made by the employee or Member. Before a loan is issued, the Executive Director shall provide in writing the employee or Member with appropriate information concerning the cost of the loan relative to other sources of financing, as well as the lifetime cost of the loan, including the difference in interest rates between the funds offered by the Thrift Savings Fund, and any other effect of such loan on the employee’s or Member’s final account balance.
• 5 U.S.C. § 8433(g)(2)

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  (2) Loans under this subsection shall be available to all employees and Members on a reasonably equivalent basis, and shall be subject to such other conditions as the Board may by regulation prescribe. The restrictions of section 8477(c)(1) of this title shall not apply to loans made under this subsection.
• 5 U.S.C. § 8433(h)(1)

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  (1) An employee or Member may apply, before separation, to the Board for permission to withdraw an amount from the employee’s or Member’s account based upon—

  (A) the employee or Member having attained age 59½; or

  (B) financial hardship.
• 5 U.S.C. § 8433(h)(1)(A)

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  (A) the employee or Member having attained age 59½; or
• 5 U.S.C. § 8433(h)(2)

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  (2) A withdrawal under paragraph (1)(B) shall be available only for an amount not exceeding the value of that portion of such account which is attributable to contributions made by the employee or Member.
• 5 U.S.C. § 8434(b)

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  (b) Subject to section 8435(b) of this title, under such regulations as the Executive Director shall prescribe, an employee, Member, former employee, or former Member who elects under section 8433 of this title to receive an annuity under this subchapter shall elect, on or before the date on which an annuity contract is purchased to provide for that annuity, one of the methods of payment prescribed under subsection (a).
• 5 U.S.C. § 8434(c)

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  (c) Notwithstanding the elimination of a method of payment by the Board, an employee, Member, former employee, or former Member may elect the eliminated method if the elimination of such method becomes effective less than 5 years before the date on which that individual’s annuity commences.
• 5 U.S.C. § 8435(a)(1)(A)

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  (A) A married employee or Member (or former employee or Member) may withdraw all or part of a Thrift Savings Fund account under subsection (b)(2), (3), or (4) of section 8433 of this title or change a withdrawal election only if the employee or Member (or former employee or Member) satisfies the requirements of subparagraph (B). A married employee or Member (or former employee or Member) may make a withdrawal from a Thrift Savings Fund account under subsection (c)(1) of section 8433 of this title only if the employee or Member (or former employee or Member) satisfies the requirements of subparagraph (B).
• 5 U.S.C. § 8435(a)(1)(B)

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  (B) An employee or Member (or former employee or Member) may make an election or change referred to in subparagraph (A) if the employee or Member and the employee’s or Member’s spouse (or the former employee or Member and the former employee’s or Member’s spouse) jointly waive, by written election, any right which the spouse may have to a survivor annuity with respect to such employee or Member (or former employee or Member) under section 8434 of this title or subsection (b).
• 5 U.S.C. § 8435(a)(2)

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  (2) Paragraph (1) shall not apply to an election or change of election by an employee or Member (or former employee or Member) who establishes to the satisfaction of the Executive Director (at the time of the election or change and in accordance with regulations prescribed by the Executive Director)—

  (A) that the spouse’s whereabouts cannot be determined; or

  (B) that, due to exceptional circumstances, requiring the spouse’s waiver would otherwise be inappropriate.
• 5 U.S.C. § 8435(b)(1)

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  (1) Notwithstanding any election under subsection (b) of section 8434 of this title, the method described in subsection (a)(2)(B) of such section (or, if more than one form of such method is available, the form which the Board determines to be the one which provides for a surviving spouse a survivor annuity most closely approximating the annuity of a surviving spouse under section 8442 of this title) shall be deemed the applicable method under such subsection (b) in the case of an employee, Member, former employee, or former Member who is married on the date on which an annuity contract is purchased to provide for the employee’s, Member’s, former employee’s, or former Member’s annuity under this subchapter.
• 5 U.S.C. § 8435(b)(2)(A)

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  (A) a joint waiver of such method is made, in writing, by the employee or Member and the spouse; or
• 5 U.S.C. § 8435(b)(2)(B)

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  (B) the employee or Member waives such method, in writing, after establishing to the satisfaction of the Executive Director that circumstances described under subsection (a)(2)(A) or (B) make the requirement of a joint waiver inappropriate.
• 5 U.S.C. § 8435(c)(2)

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  (2) A court decree, order, or agreement referred to in paragraph (1) is, with respect to an employee or Member (or former employee or Member), a court decree of divorce, annulment, or legal separation issued in the case of such employee or Member (or former employee or Member) and any former spouse of the employee or Member (or former employee or Member) or any court order or court-approved property settlement agreement incident to such decree if—

  (A) the decree, order, or agreement expressly relates to any portion of the balance in the employee’s or Member’s (or former employee’s or Member’s) account; and

  (B) notice of the decree, order, or agreement was received by the Executive Director before—

  (i) the date on which payment is made, or

  (ii) in the case of an annuity, the date on which an annuity contract is purchased to provide for the annuity,

  in accordance with the election, change, or contribution referred to in paragraph (1).
• 5 U.S.C. § 8435(c)(2)(A)

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  (A) the decree, order, or agreement expressly relates to any portion of the balance in the employee’s or Member’s (or former employee’s or Member’s) account; and
• 5 U.S.C. § 8435(d)(1)

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  (1) Subject to paragraphs (2) through (7), a former spouse of a deceased employee or Member (or a deceased former employee or Member) who died after performing 18 or more months of service and a former spouse of a deceased former employee or Member who died entitled to an immediate or deferred annuity under subchapter II of this chapter is entitled to a survivor annuity under this subsection if and to the extent that—

  (A) an election under section 8434(a)(2)(E) of this title, or

  (B) any court decree, order, or agreement (described in subsection (c)(2), without regard to subparagraph (B) of such subsection) which relates to such deceased individual and such former spouse,

  expressly provides for such survivor annuity.
• 5 U.S.C. § 8435(d)(3)

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  (3) The amount of the survivor annuity payable from the Thrift Savings Fund to a former spouse of a deceased employee, Member, former employee, or former Member under this section may not exceed the excess, if any, of—

  (A) the amount of the survivor annuity determined for a surviving spouse of the deceased employee, Member, former employee, or former Member under the method described in subsection (b)(1), over

  (B) the total amount of all other survivor annuities payable under this subchapter to other former spouses of such deceased employee, Member, former employee, or former Member based on the order of precedence provided in paragraph (4).
• 5 U.S.C. § 8435(d)(3)(A)

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  (A) the amount of the survivor annuity determined for a surviving spouse of the deceased employee, Member, former employee, or former Member under the method described in subsection (b)(1), over
• 5 U.S.C. § 8435(d)(3)(B)

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  (B) the total amount of all other survivor annuities payable under this subchapter to other former spouses of such deceased employee, Member, former employee, or former Member based on the order of precedence provided in paragraph (4).
• 5 U.S.C. § 8435(d)(4)

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  (4) If more than one former spouse of a deceased employee, Member, former employee, or former Member is entitled to a survivor annuity pursuant to this subsection, the amount of each such survivor annuity shall be limited appropriately to carry out paragraph (3) in the order of precedence established for the entitlements by the chronological order of the dates on which elections are properly made pursuant to section 8434(a)(2)(E) of this title and the dates on which the court decrees, orders, or agreements applicable to the entitlement were issued, as the case may be.
• 5 U.S.C. § 8435(e)(1)(A)

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  (A) A loan or withdrawal may be made to a married employee or Member under section 8433(g) and (h) of this title only if the employee’s or Member’s spouse consents to such loan or withdrawal in writing.
• 5 U.S.C. § 8435(e)(1)(C)

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  (C) Subparagraph (A) shall not apply to a loan or withdrawal to an employee or Member who establishes to the satisfaction of the Executive Director (at the time the employee or Member applies for such loan or withdrawal and in accordance with regulations prescribed by the Executive Director)—

  (i) that the spouse’s whereabouts cannot be determined; or

  (ii) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse’s consent would otherwise be inappropriate.
• 5 U.S.C. § 8435(e)(1)(C)(ii)

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  (ii) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse’s consent would otherwise be inappropriate.
• 5 U.S.C. § 8435(g)

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  (g) Except with respect to the making of loans or withdrawals under section 8433(g) and (h), none of the provisions of this section requiring notification to, or the consent or waiver of, a spouse or former spouse of an employee, Member, former employee, or former Member shall apply in any case in which the nonforfeitable account balance of the employee, Member, former employee, or former Member is $3,500 or less.
• 5 U.S.C. § 8436(a)

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  (a) The Executive Director shall make or provide for payments and transfers in accordance with an election of an employee or Member under section 8433 or 8434(b) of this title or, if applicable, in accordance with section 8435 of this title.
• 5 U.S.C. § 8437(c)(5)

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  (5) to make loans to employees and Members as authorized under section 8433(g) of this title; and
• 5 U.S.C. § 8437(e)(1)

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  (1) Subject to subsection (d) and paragraphs (2) and (3), sums in the Thrift Savings Fund credited to the account of an employee, Member, former employee, or former Member may not be used for, or diverted to, purposes other than for the exclusive benefit of the employee, Member, former employee, or former Member or his beneficiaries under this subchapter.
• 5 U.S.C. § 8437(e)(2)

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  (2) Except as provided in paragraph (3), sums in the Thrift Savings Fund may not be assigned or alienated and are not subject to execution, levy, attachment, garnishment, or other legal process. For the purposes of this paragraph, a loan made from such Fund to an employee or Member shall not be considered to be an assignment or alienation.
• 5 U.S.C. § 8437(e)(3)

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  (3) Moneys due or payable from the Thrift Savings Fund to any individual and, in the case of an individual who is an employee or Member (or former employee or Member), the balance in the account of the employee or Member (or former employee or Member) shall be subject to legal process for the enforcement of the individual’s legal obligations to provide child support or make alimony payments as provided in section 459 of the Social Security Act (42 U.S.C. 659), the enforcement of an order for restitution under section 3663A of title 18, forfeiture under section 8432(g)(5) of this title, an obligation of the Executive Director to make a transfer under section 415(d)(3) of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(d)(3)), or an obligation of the Executive Director to make a payment to another person under section 8467 of this title, and shall be subject to a Federal tax levy under section 6331 of the Internal Revenue Code of 1986. For the purposes of this paragraph, an amount contributed for the benefit of an individual under section 8432(c)(1) (including any earnings attributable thereto) shall not be considered part of the balance in such individual’s account unless such amount is nonforfeitable, as determined under applicable provisions of section 8432(g).
• 5 U.S.C. § 8437(g)

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  (g) All sums contributed to the Thrift Savings Fund by an employee or Member or by an employing agency for the benefit of such employee or Member and all net earnings in such Fund attributable to investment of such sums are held in such Fund in trust for such employee or Member.
• 5 U.S.C. § 8438(a)(7)

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  (7) the term “plan” means an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3));
• 5 U.S.C. § 8438(b)(5)(D)

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  (D) The Board shall consult with the Employee Thrift Advisory Council (established under section 8473) before authorizing the addition of a mutual fund window or establishing a service that enables participants to invest in mutual funds.
• 5 U.S.C. § 8438(d)(1)

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  (1) At least twice each year, an employee or Member (or former employee or Member) may elect the investment funds and options referred to in subsection (b) into which the sums in the Thrift Savings Fund credited to such individual’s account are to be invested or reinvested.
• 5 U.S.C. § 8438(f)

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  (f) The Board, other Government agencies, the Executive Director, an employee, a Member, a former employee, and a former Member may not exercise voting rights associated with the ownership of securities by the Thrift Savings Fund.
• 5 U.S.C. § 8439(b)(1)

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  (1) For the purposes of this subsection, the term “qualified public accountant” shall have the same meaning as provided in section 103(a)(3)(D) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1023(a)(3)(D)).
• 5 U.S.C. § 8439(d)(1)

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  (1) Each employee, Member, former employee, or former Member who elects to invest in any investment fund or option under this chapter, other than the Government Securities Investment Fund, shall sign an acknowledgement prescribed by the Executive Director which states that the employee, Member, former employee, or former Member understands that an investment in any such fund or option is made at the employee’s, Member’s, former employee’s, or former Member’s risk, that the employee, Member, former employee, or former Member is not protected by the Government against any loss on such investment, and that a return on such investment is not guaranteed by the Government.
• 5 U.S.C. § 8440(a)(3)

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  (3) subject to section 401(k)(4)(B) of such Code and any dollar limitation on the application of section 402(a)(8) of such Code, contributions to the Thrift Savings Fund shall not be treated as distributed or made available to an employee or Member nor as a contribution made to the Fund by an employee or Member merely because the employee or Member has, under the provisions of this subchapter and section 8351 of this title, an election whether the contribution will be made to the Thrift Savings Fund or received by the employee or Member in cash.
• 5 U.S.C. § 8440(c)

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  (c) Subsection (a) shall not be construed to provide that any amount of the employee’s or Member’s basic pay which is contributed to the Thrift Savings Fund shall not be included in the term “wages” for the purposes of section 209 of the Social Security Act or section 3121(a) of the Internal Revenue Code of 1986.
• 5 U.S.C. § 8440e(c)

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  (c) Except as otherwise provided in this section, the provisions of this subchapter and subchapter VII shall apply with respect to members making contributions to the Thrift Savings Fund, and such members shall, for purposes of this subchapter and subchapter VII, be considered employees within the meaning of section 8401(11).
• 5 U.S.C. § 8440e(e)(4)

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  (4) Section 8435 shall apply to a full TSP member in the same manner as such section is applied to an employee or Member under such section.
• 5 U.S.C. § 8441(1)

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  (1) the term “widow” means the surviving wife of an employee, Member, or annuitant, or of a former employee or Member, who—

  (A) was married to him for at least 9 months immediately before his death; or

  (B) is the mother of issue by that marriage;
• 5 U.S.C. § 8441(2)

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  (2) the term “widower” means the surviving husband of an employee, Member, or annuitant, or of a former employee or Member, who—

  (A) was married to her for at least 9 months immediately before her death; or

  (B) is the father of issue by that marriage;
• 5 U.S.C. § 8441(3)

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  (3) the term “dependent”, in the case of any child, means that the employee, Member, or annuitant involved was, at the time of death of the employee, Member, or annuitant either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office shall prescribe; and
• 5 U.S.C. § 8441(4)(A)

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  (A) an unmarried dependent child under 18 years of age, including (i) an adopted child, (ii) a stepchild but only if the stepchild lived with the employee, Member, or annuitant in a regular parent-child relationship, (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee, Member, or annuitant and who is adopted by the widow or widower of the employee, Member, or annuitant after the death of such employee, Member, or annuitant;
• 5 U.S.C. § 8442(a)(2)

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  (2) A spouse acquired after retirement is entitled to an annuity under this subsection (as provided in paragraph (1)) only upon electing this annuity instead of any other survivor benefit to which such spouse may be entitled under this subchapter or section 8424 or under another retirement system for Government employees.
• 5 U.S.C. § 8442(b)(1)

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  (1) If an employee or Member dies after completing at least 18 months of civilian service creditable under section 8411 and is survived by a widow or widower, the widow or widower is entitled to—

  (A) an amount equal to the sum of—

  (i) 50 percent of the final annual rate of basic pay (or of the average pay, if higher) of the employee or Member; and

  (ii) $15,000 as adjusted under section 8462(e); and

  (B) if the employee or Member completed at least 10 years of service, an annuity equal to 50 percent of an annuity computed under section 8415 with respect to the employee or Member, but without regard to subsection (f) of such section.
• 5 U.S.C. § 8442(b)(1)(A)(i)

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  (i) 50 percent of the final annual rate of basic pay (or of the average pay, if higher) of the employee or Member; and
• 5 U.S.C. § 8442(b)(1)(B)

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  (B) if the employee or Member completed at least 10 years of service, an annuity equal to 50 percent of an annuity computed under section 8415 with respect to the employee or Member, but without regard to subsection (f) of such section.
• 5 U.S.C. § 8442(b)(2)(B)(i)

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  (i) over a period of 3 years beginning on the day after the employee’s or Member’s death; or
• 5 U.S.C. § 8442(c)(1)

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  (1) If a former employee or Member dies after having separated from the service with title to a deferred annuity under section 8413 but before having established a valid claim for an annuity, and is survived by a widow or widower to whom married on the date of separation, the widow or widower may elect to receive—

  (A) an annuity under paragraph (2); or

  (B) the lump-sum credit, if the widow or widower is the individual who would be entitled to the lump-sum credit and if such widow or widower files application therefor with the Office.
• 5 U.S.C. § 8442(c)(2)(A)(i)

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  (i) Subject to clause (ii) and subparagraph (B)(ii), the annuity of the widow or widower is equal to 50 percent of an annuity computed under section 8415 for the former employee or Member.
• 5 U.S.C. § 8442(c)(2)(A)(ii)(I)

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  (I) In computing an amount under section 8415 for a former employee or Member (described in subclause (II)) in order to compute the annuity for a widow or widower under this subsection, the computation under section 8415 shall be made as if the former employee or Member had attained the applicable minimum retirement age under section 8412(h).
• 5 U.S.C. § 8442(c)(2)(A)(ii)(II)

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  (II) This clause applies with respect to a former employee or Member who dies before having attained the applicable minimum retirement age under section 8412(h).
• 5 U.S.C. § 8442(c)(2)(B)(i)

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  (i) Notwithstanding the first sentence of subsection (d)(1), the annuity of the widow or widower of a former employee or Member under subparagraph (A)(ii) commences—

  (I) on the day after the date on which the former employee or Member would have attained age 62 (or, if applicable, either age 60 if the former employee or Member completed at least 20 years of service, or the applicable minimum retirement age (under section 8412(h)) if the former employee or Member completed at least 30 years of service); or

  (II) if the widow or widower so designates in the election, as of the day after the death of the former employee or Member.
• 5 U.S.C. § 8442(c)(2)(B)(i)(I)

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  (I) on the day after the date on which the former employee or Member would have attained age 62 (or, if applicable, either age 60 if the former employee or Member completed at least 20 years of service, or the applicable minimum retirement age (under section 8412(h)) if the former employee or Member completed at least 30 years of service); or
• 5 U.S.C. § 8442(c)(2)(B)(i)(II)

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  (II) if the widow or widower so designates in the election, as of the day after the death of the former employee or Member.
• 5 U.S.C. § 8442(c)(3)(A)

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  (A) Paragraphs (1) and (2) shall apply only in the case of an employee or Member who completes at least 10 years of service.
• 5 U.S.C. § 8442(c)(3)(B)

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  (B) Nothing in this subsection shall be considered to affect the provisions of this chapter relating to a lump-sum credit in the case of the widow or widower of a former employee or Member who dies after completing less than 10 years of service.
• 5 U.S.C. § 8442(d)(2)(A)

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  (A) the widow or widower elects to receive this annuity instead of any other survivor benefit to which such widow or widower may be entitled (under this subchapter or section 8424 or under another retirement system for Government employees) by reason of the remarriage; and
• 5 U.S.C. § 8442(e)

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  (e) The requirement in paragraphs (1)(A) and (2)(A) of section 8441 that the widow or widower of an annuitant, employee, or Member, or of a former employee or Member, have been married to such individual for at least 9 months immediately before the death of the individual in order to qualify as the widow or widower of such individual shall be deemed satisfied in any case in which the individual dies within the applicable 9-month period, if—

  (1) the death of the individual was accidental; or

  (2) the surviving spouse of the individual had been previously married to such individual and subsequently divorced, and the aggregate time married is at least 9 months.
• 5 U.S.C. § 8442(h)(1)(B)

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  (B) the amount of the annuity payable to any former spouse of the deceased employee, Member, or annuitant, or former employee or Member, based on an election made under section 8417(b) or a court order previously issued or agreement previously entered into as described in section 8445(a).
• 5 U.S.C. § 8442(h)(2)(B)

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  (B) the portion of such amount payable to any former spouse of the deceased employee, Member, or annuitant, or former employee or Member, based on a court order previously issued or agreement previously entered into.
• 5 U.S.C. § 8443(a)(1)

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  (1) If an employee or Member dies after completing at least 18 months of civilian service which is creditable under section 8411, or an annuitant dies, each surviving child is, for any month, entitled to an annuity equal to—

  (A) the amount by which the applicable amount under paragraph (2) for such month exceeds the applicable amount under paragraph (3) for such month, divided by

  (B) the number of children entitled to a payment under this section for such month.
• 5 U.S.C. § 8443(a)(2)

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  (2) The applicable amount under this paragraph for any month is the total amount to which the surviving child or children (as the case may be) of the annuitant, employee, or Member would be entitled for such month under subchapter III of chapter 83 (including any adjustment based on section 8340) based on the service of such annuitant, employee, or Member, if the service of such annuitant, employee, or Member were creditable under such subchapter.
• 5 U.S.C. § 8443(a)(3)

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  (3) The applicable amount under this paragraph for any month is the total amount of child’s insurance benefits which are payable (or would, on proper application, be payable) under title II of the Social Security Act for such month based on the wages and self-employment income of such annuitant, employee, or Member.
• 5 U.S.C. § 8443(b)

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  (b) The annuity of a child under this subchapter—

  (1) commences on the day after the annuitant, employee, or Member dies;

  (2) commences or resumes on the first day of the month in which the child later becomes or again becomes a student as described by section 8441(4), if any lump sum paid is returned to the Fund; or

  (3) commences or resumes on the first day of the month in which the child later becomes or again becomes incapable of self-support because of a mental or physical disability incurred before age 18 (or a later recurrence of such disability), if any lump sum paid is returned to the Fund.

  This annuity and the right thereto terminate on the last day of the month before the child—

  (A) becomes 18 years of age unless then a student as described or incapable of self-support;

  (B) becomes capable of self-support after becoming 18 years of age unless then such a student;

  (C) becomes 22 years of age if then such a student and capable of self-support;

  (D) ceases to be such a student after becoming 18 years of age unless then incapable of self-support; or

  (E) dies or marries;

  whichever occurs first. On the death of the surviving wife or husband, or former wife or husband, or termination of the annuity of a child, the annuity of any other child or children shall be recomputed and paid as though the wife or husband, former wife or husband, or child had not survived the annuitant, employee, or Member. If the annuity of a child under this subchapter terminates under subparagraph (E) because of marriage, then, if such marriage ends, such annuity shall resume on the first day of the month in which it ends, but only if any lump sum paid is returned to the Fund, and that individual is not otherwise ineligible for such annuity.
• 5 U.S.C. § 8443(b)(1)

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  (1) commences on the day after the annuitant, employee, or Member dies;
• 5 U.S.C. § 8444

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  The annuity of a survivor named under section 8420(a) is 55 percent of the reduced annuity of the retired employee or Member determined under paragraph (2) of such section 8420(a). The annuity of the survivor commences on the day after the retired employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the survivor dies.
• 5 U.S.C. § 8445(a)

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  (a) Subject to subsections (b) through (e), a former spouse of a deceased employee, Member, or annuitant (or of a former employee or Member who dies after having separated from the service with title to a deferred annuity under section 8413 but before having established a valid claim for annuity) is entitled to an annuity under this section, if and to the extent expressly provided for in an election under section 8417(b), or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree.
• 5 U.S.C. § 8445(b)(1)(B)

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  (B) the amount of any annuity payable under this section to any other former spouse of the employee, Member, or annuitant, or former employee or Member, based on an election previously made under section 8417(b), or a court order previously issued or agreement previously entered into as described in subsection (a).
• 5 U.S.C. § 8445(b)(2)

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  (2) The applicable amount, for purposes of paragraph (1)(A) in the case of a former spouse, is the amount of the annuity which would be payable under the provisions of section 8442 (including subsection (f) of such section, but without regard to subsection (h) of such section) if such former spouse were a widow or widower entitled to an annuity under such provisions based on the service of the deceased employee, Member, or annuitant, or former employee or Member.
• 5 U.S.C. § 8445(c)(1)(A)

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  (A) the day after the employee, Member, or annuitant, or former employee or Member, dies; or
• 5 U.S.C. § 8445(d)(1)

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  (1) if such modification is made after the retirement or death of the employee, Member, or annuitant, or former employee or Member, concerned; and
• 5 U.S.C. § 8451(a)(1)(A)

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  (A) An employee who completes at least 18 months of civilian service creditable under section 8411 and has become disabled shall be retired on the employee’s own application or on application by the employee’s agency.
• 5 U.S.C. § 8451(a)(1)(B)

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  (B) For purposes of this subsection, an employee shall be considered disabled only if the employee is found by the Office to be unable, because of disease or injury, to render useful and efficient service in the employee’s position.
• 5 U.S.C. § 8451(a)(2)(A)

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  (A) Notwithstanding paragraph (1), an employee shall not be eligible for disability retirement under this section if the employee has declined a reasonable offer of reassignment to a vacant position in the employee’s agency for which the employee is qualified if the position—

  (i) is at the same grade (or pay level) as the employee’s most recent grade (or pay level) or higher;

  (ii) is within the employee’s commuting area; and

  (iii) is one in which the employee would be able to render useful and efficient service.
• 5 U.S.C. § 8451(a)(2)(A)(i)

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  (i) is at the same grade (or pay level) as the employee’s most recent grade (or pay level) or higher;
• 5 U.S.C. § 8451(a)(2)(A)(ii)

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  (ii) is within the employee’s commuting area; and
• 5 U.S.C. § 8451(a)(2)(A)(iii)

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  (iii) is one in which the employee would be able to render useful and efficient service.
• 5 U.S.C. § 8451(a)(2)(B)

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  (B) An employee who is applying for disability retirement under this subchapter shall be considered for reassignment by the employee’s agency to a vacant position described in subparagraph (A) in accordance with such procedures as the Office shall by regulation prescribe.
• 5 U.S.C. § 8451(a)(2)(C)

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  (C) An employee is entitled to appeal to the Merit Systems Protection Board under section 7701 any determination that the employee is not unable, because of disease or injury, to render useful and efficient service in a position to which the employee has declined reassignment under this section.
• 5 U.S.C. § 8451(a)(2)(D)

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  (D) For purposes of subparagraph (A), an employee of the United States Postal Service shall not be considered qualified for a position if such position is in a different craft or if reassignment to such position would be inconsistent with the terms of a collective-bargaining agreement covering the employee.
• 5 U.S.C. § 8451(c)

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  (c) An employee or Member retiring under this section is entitled to an annuity computed under section 8452.
• 5 U.S.C. § 8453

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  A claim may be allowed under this subchapter only if application is filed with the Office before the employee or Member is separated from the service or within 1 year thereafter. This time limitation may be waived by the Office for an employee or Member who, at the date of separation from service or within 1 year thereafter, is mentally incompetent if the application is filed with the Office within 1 year from the date of restoration of the employee or Member to competency or the appointment of a fiduciary, whichever is earlier.
• 5 U.S.C. § 8461(j)(1)(A)

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  (A) determine entitlement to benefits under this chapter based on the service of employees of the Central Intelligence Agency;
• 5 U.S.C. § 8461(j)(1)(B)

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  (B) maintain records relating to the service of such employees;
• 5 U.S.C. § 8461(j)(1)(C)

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  (C) compute benefits under this chapter based on the service of such employees;
• 5 U.S.C. § 8461(j)(1)(D)

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  (D) collect deposits to the Fund made by such employees, their spouses, their former spouses, and their survivors;
• 5 U.S.C. § 8461(j)(1)(E)

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  (E) authorize and direct disbursements from the Fund to the extent based on service of such employees; and
• 5 U.S.C. § 8461(j)(1)(F)

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  (F) perform such other functions under this chapter (other than under subchapters III and VII of this chapter) with respect to employees of the Central Intelligence Agency as the Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, determines to be appropriate.
• 5 U.S.C. § 8461(k)(1)(A)

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  (A) maintain exclusive records relating to elections, contributions, and accounts under the Thrift Savings Plan provided in subchapter III of this chapter in the case of employees of the Central Intelligence Agency;
• 5 U.S.C. § 8461(k)(1)(B)

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  (B) provide that contributions by, or on behalf of, such employees to the Thrift Savings Plan be accounted for by such Executive Director in aggregate amounts;
• 5 U.S.C. § 8461(k)(1)(C)

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  (C) make the necessary disbursements from, and the necessary allocations of earnings, losses, and charges to, individual accounts of such employees under the Thrift Savings Plan; and
• 5 U.S.C. § 8461(k)(1)(D)

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  (D) perform such other functions under subchapters III and VII of this chapter (but not including investing sums in the Thrift Savings Fund) with respect to employees of the Central Intelligence Agency as the Director of Central Intelligence, in consultation with the Executive Director of the Federal Retirement Thrift Investment Board, determines to be appropriate.
• 5 U.S.C. § 8461(k)(2)

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  (2) The Executive Director of the Federal Retirement Thrift Investment Board may not exercise authority under this chapter in the case of employees of the Central Intelligence Agency to the extent that the Director of Central Intelligence exercises authority provided in paragraph (1).
• 5 U.S.C. § 8461(l)

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  (l) Subsection (h)(1), and sections 8439(b) and 8474(c)(4), shall be applied with respect to information relating to employees of the Central Intelligence Agency in a manner that protects intelligence sources, methods, and activities.
• 5 U.S.C. § 8461(n)(1)

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  (1) Under regulations prescribed by the Office, an employee who—

  (A) has not previously made an election under this subsection or had an opportunity to make an election under this paragraph; and

  (B) moves, without a break in service of more than 1 year, to employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, described in section 2105(c),

  shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered as an employee under this chapter during any employment described in section 2105(c) after such move.
• 5 U.S.C. § 8461(n)(2)

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  (2) Under regulations prescribed by the Office, an employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c), who—

  (A) has not previously made an election under this subsection or had an opportunity to make an election under this paragraph;

  (B) is a participant in a retirement system established for employees described in section 2105(c);

  (C) moves, without a break in service of more than 1 year, to a position that is not described by section 2105(c); and

  (D) is not eligible to make an election under section 8347(q),

  shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered, during any subsequent employment as an employee as defined by section 2105(a) or section 2105(c), by the retirement system applicable to such employee’s current or most recent employment described by section 2105(c) rather than be subject to this chapter.
• 5 U.S.C. § 8461(n)(2)(B)

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  (B) is a participant in a retirement system established for employees described in section 2105(c);
• 5 U.S.C. § 8464(a)(1)(A)(i)

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  (i) separation from the service, in the case of an employee or Member retiring under section 8412, or subsection (a), (b)(1)(B), or (d) of section 8414; or
• 5 U.S.C. § 8464(a)(1)(A)(ii)

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  (ii) pay ceases, and the applicable age and service requirements are met, in the case of an employee or Member retiring under section 8413;
• 5 U.S.C. § 8464(a)(1)(B)

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  (B) an annuity payable from the Fund commences on the day after separation from the service in the case of an employee retiring under subsection (b)(1)(A) or (c) of section 8414; and
• 5 U.S.C. § 8464(a)(1)(C)

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  (C) an annuity payable from the Fund commences on the day after separation from the service or the day after pay ceases and the requirements for title to an annuity are met in the case of an employee or Member retiring under section 8451.
• 5 U.S.C. § 8464(a)(2)

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  (2) Notwithstanding paragraph (1)(A)(i), an annuity payable from the Fund commences on the day after separation from the service in the case of an employee or Member—

  (A) who retires under section 8412; and

  (B) whose separation occurs upon the expiration of a term (or other period) for which the individual was appointed or elected.
• 5 U.S.C. § 8464a(b)

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  (b) If an individual is entitled to an annuity under subchapter II, IV, or V, and the individual receives a lump-sum payment for compensation under section 8135 based on the disability or death of the same person, so much of the compensation as has been paid for a period extended beyond the date payment of the annuity commences, as determined by the Department of Labor, shall be refunded to that Department for credit to the Employees’ Compensation Fund. Before the individual may receive the annuity, the individual shall—

  (1) refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or

  (2) authorize the deduction of the amount from the annuity.

  Deductions from the annuity may be made from accrued or accruing payments. The amounts deducted and withheld from the annuity shall be transmitted to the Department of Labor for reimbursement to the Employees’ Compensation Fund. When the Department of Labor finds that the financial circumstances of an individual entitled to an annuity under subchapter II, IV, or V warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Department determines appropriate.
• 5 U.S.C. § 8466(a)

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  (a) No payment of benefits based on the service of an employee or Member shall be made from the Fund unless an application for payment of the benefits is received by the Office before the one hundred and fifteenth anniversary of the birth of the employee or Member.
• 5 U.S.C. § 8466(b)

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  (b) Notwithstanding subsection (a), after the death of an employee, Member, or annuitant, or former employee or Member, a benefit based on the service of such employee, Member, or annuitant, or former employee or Member, shall not be paid under subchapter II or IV of this chapter unless an application therefor is received by the Office within 30 years after the death or other event which establishes the entitlement to the benefit.
• 5 U.S.C. § 8467(a)

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  (a) Payments under this chapter which would otherwise be made to an employee, Member, or annuitant (including an employee, Member, or annuitant as defined in section 8331) based on service of that individual shall be paid (in whole or in part) by the Office or the Executive Director, as the case may be, to another person if and to the extent expressly provided for in the terms of—

  (1) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or

  (2) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child.

  In the event that the Office or the Executive Director, as the case may be, is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.
• 5 U.S.C. § 8467(a)(2)

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  (2) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child.
• 5 U.S.C. § 8468(a)

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  (a) If an annuitant, except a disability annuitant whose annuity is terminated because of the annuitant’s recovery or restoration of earning capacity, becomes employed in an appointive or elective position, an amount equal to the annuity allocable to the period of actual employment shall be deducted from the annuitant’s pay, except for lump-sum leave payment purposes under section 5551. Unless the annuitant’s appointment is on an intermittent basis or is to a position as a justice or judge (as defined by section 451 of title 28) or as an employee subject to another retirement system for Government employees, or unless the annuitant is serving as President, deductions for the Fund shall be withheld from the annuitant’s pay under section 8422(a) and contributions under section 8423 shall be made. The deductions and contributions referred to in the preceding provisions of this subsection shall be deposited in the Treasury of the United States to the credit of the Fund. The annuitant’s lump-sum credit may not be reduced by annuity paid during the reemployment.
• 5 U.S.C. § 8468(f)(1)(A)

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  (A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or
• 5 U.S.C. § 8468(f)(1)(B)

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  (B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances.
• 5 U.S.C. § 8468(g)(1)

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  (1) If warranted by circumstances described in subsection (f)(1)(A) or (B) (as applicable), the Director of the Administrative Office of the United States Courts shall, with respect to an employee in the judicial branch, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (f) with respect to an employee of an Executive agency.
• 5 U.S.C. § 8468(h)(1)

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  (1) If warranted by circumstances described in subsection (f)(1)(A) or (B) (as applicable), an official or committee designated in paragraph (2) shall, with respect to the employees specified in the applicable subparagraph of such paragraph, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (f) with respect to an employee of an Executive agency.
• 5 U.S.C. § 8468(h)(2)(A)

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  (A) with respect to an employee of an agency in the legislative branch, by the head of such agency;
• 5 U.S.C. § 8468(i)(1)(A)(iii)

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  (iii) the Director of the Administrative Office of the United States Courts, with respect to employees of the judicial branch; and
• 5 U.S.C. § 8468(i)(2)(E)

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  (E) promote appropriate training or mentoring programs of employees;
• 5 U.S.C. § 8468(i)(2)(F)

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  (F) assist in the recruitment or retention of employees; or
• 5 U.S.C. § 8468(i)(4)(A)

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  (A) The total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8344(l) applies may not exceed 2.5 percent of the total number of full-time employees of that agency.
• 5 U.S.C. § 8468(i)(4)(B)

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  (B) If the total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8344(l) applies exceeds 1 percent of the total number of full-time employees of that agency, the head of that agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Office of Personnel Management—

  (i) a report with an explanation that justifies the need for the waivers in excess of that percentage; and

  (ii) not later than 180 days after submitting the report under clause (i), a succession plan.
• 5 U.S.C. § 8468(i)(5)(B)(v)

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  (v) encourage the training and mentoring of employees by any limited time appointee employed under this subsection.
• 5 U.S.C. § 8468(i)(6)(A)

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  (A) Any hours of training or mentoring of employees by any limited time appointee employed under this subsection shall not be included in the hours of service performed for purposes of paragraph (3), but those hours of training or mentoring may not exceed 520 hours.
• 5 U.S.C. § 8468(i)(6)(B)

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  (B) If the primary service performed by any limited time appointee employed under this subsection is training or mentoring of employees, the hours of that service shall be included in the hours of service performed for purposes of paragraph (3).
• 5 U.S.C. § 8468(j)(2)

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  (2) An employee as to whom a waiver under subsection (f), (g), (h), or (i) is in effect shall not be considered an employee for purposes of this chapter or chapter 83 of this title.
• 5 U.S.C. § 8470(b)

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  (b) Recovery of payments under subchapter II, IV, or V of this chapter may not be made from an individual when, in the judgment of the Office, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money paid under subchapter II, IV, or V of this chapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Office that the certification or payment involved fraud on the part of the former employee.
• 5 U.S.C. § 8471(2)

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  (2) the term “Council” means the Employee Thrift Advisory Council established under section 8473 of this title;
• 5 U.S.C. § 8472(c)

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  (c) Except as provided in section 311 of the Federal Employees’ Retirement System Act of 1986, appointments under subsection (a) shall be made by and with the advice and consent of the Senate.
• 5 U.S.C. § 8472(e)(1)

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  (1) Except as provided in section 311 of the Federal Employees’ Retirement System Act of 1986, a member of the Board shall be appointed for a term of 4 years, except that of the members first appointed (other than the members appointed under such section)—

  (A) the Chairman shall be appointed for a term of 4 years;

  (B) the members appointed under subsection (b)(2) shall be appointed for terms of 3 years; and

  (C) the remaining members shall be appointed for terms of 2 years.
• 5 U.S.C. § 8473(a)

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  (a) The Board shall establish an Employee Thrift Advisory Council. The Council shall be composed of 15 members appointed by the Chairman of the Board in accordance with subsection (b).
• 5 U.S.C. § 8474(c)(8)

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  (8) except as otherwise expressly prohibited by law or the policies of the Board, delegate any of the Executive Director’s functions to such employees under the Board as the Executive Director may designate and authorize such successive redelegations of such functions to such employees under the Board as the Executive Director may consider to be necessary or appropriate; and
• 5 U.S.C. § 8476(d)(1)

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  (1) Each member of the Board who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Board.
• 5 U.S.C. § 8476(e)

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  (e) The accrued annual leave of any employee who is a member of the Board or the Council shall not be charged for any time used in performing services for the Board or the Council.
• 5 U.S.C. § 8477(a)(3)(D)

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  (D) any person who, with respect to the Thrift Savings Fund, is described in section 3(21)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(21)(A)); and
• 5 U.S.C. § 8477(c)(3)(E)

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  (E) Notwithstanding subparagraph (D), the Secretary of Labor may determine that an exemption granted for any class of fiduciaries or transactions under section 408(a) of the Employee Retirement Income Security Act of 1974 shall, upon publication of notice in the Federal Register under this subparagraph, constitute an exemption for purposes of the provisions of paragraph (2).
• 5 U.S.C. § 8477(d)(3)

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  (3) serving as a fiduciary in addition to being an officer, employee, agent, or other representative of a party in interest.
• 5 U.S.C. § 8477(e)(1)(E)(i)

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  (i) such fiduciary violated subsection (b) with respect to the allocation, with respect to the implementation of the procedures prescribed by the Secretary of Labor (or the Board under section 114 of the Federal Employees’ Retirement System Technical Corrections Act of 1986), or in continuing such allocation; or
• 5 U.S.C. § 8478(a)(2)(A)

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  (A) Bond shall not be required of a fiduciary (or of any officer or employee of such fiduciary) if such fiduciary—

  (i) is a corporation organized and doing business under the laws of the United States or of any State;

  (ii) is authorized under such laws to exercise trust powers or to conduct an insurance business;

  (iii) is subject to supervision or examination by Federal or State authority; and

  (iv) has at all times a combined capital and surplus in excess of such minimum amount (not less than $1,000,000) as the Secretary of Labor prescribes in regulations.
• 5 U.S.C. § 8478a

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  Any authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision of section 8477 or 8478.
• 5 U.S.C. § 8480(b)

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  (b) Notwithstanding any Federal, State, or local law, any person, including officers, agents, and employees, receiving a subpoena under this section, who complies in good faith with the subpoena and thus produces the materials sought, shall not be liable in any court of any State or the United States to any individual, domestic or foreign corporation or upon a partnership or other unincorporated association for such production.
• 5 U.S.C. § 8501(1)(H)

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  (H) by a student-employee as defined by section 5351 of this title;
• 5 U.S.C. § 8505(e)(1)

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  (1) require each State officer or employee who certifies payments or disburses funds under the agreement, or who otherwise participates in its performance, to give a surety bond to the United States in the amount the Secretary considers necessary; and
• 5 U.S.C. § 8509(c)(1)

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  (1) Each employing agency shall deposit into the Account amounts equal to the expenditures incurred under this chapter on account of Federal service performed by employees and former employees of that agency.
• 5 U.S.C. § 8509(c)(2)

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  (2) Deposits required by paragraph (1) shall be made during each calendar quarter and the amount of the deposit to be made by any employing agency during any quarter shall be based on a determination by the Secretary of Labor as to the amounts of payments, made prior to such quarter from the Account based on Federal service performed by employees of such agency after December 31, 1980, with respect to which deposit has not previously been made. The amount to be deposited by any employing agency during any calendar quarter shall be adjusted to take account of any overpayment or underpayment of deposit during any previous quarter for which adjustment has not already been made.
• 5 U.S.C. § 8701(a)

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  (a) For the purpose of this chapter, “employee” means—

  (1) an employee as defined by section 2105 of this title;

  (2) a Member of Congress as defined by section 2106 of this title;

  (3) a Congressional employee as defined by section 2107 of this title;

  (4) the President;

  (5) a justice or judge of the United States appointed to hold office during good behavior (i) who is in regular active judicial service, or (ii) who is retired from regular active service under section 371(b) or 372(a) of title 28, United States Code, or (iii) who has resigned the judicial office under section 371(a) of title 28 with the continued right during the remainder of his lifetime to receive the salary of the office at the time of his resignation;

  (6) an individual first employed by the government of the District of Columbia before October 1, 1987;

  (7) an individual employed by Gallaudet College;¹

  (8) an individual employed by a county committee established under section 590h(b) of title 16;

  (9) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838); and

  (10) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 of the Presidential Transition Act of 1963, as amended (78 Stat. 153), who immediately before the date of such appointment was an employee as defined under any other paragraph of this subsection;

  but does not include—

  (A) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;

  (B) an individual who is not a citizen or national of the United States and whose permanent duty station is outside the United States, unless the individual was an employee for the purpose of this chapter on September 30, 1979, by reason of service in an Executive agency, the United States Postal Service, or the Smithsonian Institution in the area which was then known as the Canal Zone; or

  (C) an employee excluded by regulation of the Office of Personnel Management under section 8716(b) of this title.
• 5 U.S.C. § 8701(a)(1)

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  (1) an employee as defined by section 2105 of this title;
• 5 U.S.C. § 8701(a)(10)

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  (10) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 of the Presidential Transition Act of 1963, as amended (78 Stat. 153), who immediately before the date of such appointment was an employee as defined under any other paragraph of this subsection;
• 5 U.S.C. § 8701(a)(A)

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  (A) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;
• 5 U.S.C. § 8701(a)(B)

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  (B) an individual who is not a citizen or national of the United States and whose permanent duty station is outside the United States, unless the individual was an employee for the purpose of this chapter on September 30, 1979, by reason of service in an Executive agency, the United States Postal Service, or the Smithsonian Institution in the area which was then known as the Canal Zone; or
• 5 U.S.C. § 8701(a)(C)

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  (C) an employee excluded by regulation of the Office of Personnel Management under section 8716(b) of this title.
• 5 U.S.C. § 8701(b)

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  (b) Notwithstanding subsection (a) of this section, the employment of a teacher in the recess period between two school years in a position other than a teaching position in which he served immediately before the recess period does not qualify the individual as an employee for the purpose of this chapter. For the purpose of this subsection, “teacher” and “teaching position” have the meanings given them by section 901 of title 20.
• 5 U.S.C. § 8701(c)

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  (c) For the purpose of this chapter, “basic insurance amount” means, in the case of any employee under this chapter, an amount equal to the greater of—

  (1) the annual rate of basic pay payable to the employee, rounded to the next higher multiple of $1,000, plus $2,000, or

  (2) $10,000.

  In the case of any former employee entitled to coverage under this chapter, the term means the basic insurance amount applicable for the employee at the time the insurance to which the employee is entitled as an employee under this chapter stops pursuant to section 8706(a) of this title.
• 5 U.S.C. § 8701(c)(1)

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  (1) the annual rate of basic pay payable to the employee, rounded to the next higher multiple of $1,000, plus $2,000, or
• 5 U.S.C. § 8702(a)

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  (a) An employee is automatically insured on the date he becomes eligible for insurance and each policy of insurance purchased by the Office of Personnel Management under this chapter shall provide for that automatic coverage.
• 5 U.S.C. § 8702(b)

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  (b) An employee desiring not to be insured shall give written notice to his employing office on a form prescribed by the Office. If the notice is received before he has become insured, he shall not be insured. If the notice is received after he has become insured, his insurance stops at the end of the pay period in which the notice is received.
• 5 U.S.C. § 8702(c)

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  (c) Notwithstanding a notice previously given under subsection (b), an employee who is deployed in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) or an employee of the Department of Defense who is designated as an emergency essential employee under section 1580 of title 10 shall be insured if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under a policy of insurance under this chapter. An election under the preceding sentence shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.
• 5 U.S.C. § 8702(d)

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  (d) Any services by an officer or employee under this chapter relating to benefits under this chapter shall be deemed, for purposes of section 1342 of title 31, services for emergencies involving the safety of human life or the protection of property.
• 5 U.S.C. § 8703

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  The Office of Personnel Management shall arrange to have each insured employee receive a certificate setting forth the benefits to which he is entitled, to whom the benefits are payable, to whom the claims shall be submitted, and summarizing the provisions of the policy principally affecting him. The certificate is issued instead of the certificate which the insurance company would otherwise be required to issue.
• 5 U.S.C. § 8704(a)

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  (a) An employee eligible for insurance is entitled to be insured for an amount of group life insurance equal to—

  (1) the employee’s basic insurance amount, multiplied by

  (2) the appropriate factor determined on the basis of the employee’s age in accordance with the following schedule:
• 5 U.S.C. § 8704(a)(1)

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  (1) the employee’s basic insurance amount, multiplied by
• 5 U.S.C. § 8704(a)(2)

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  (2) the appropriate factor determined on the basis of the employee’s age in accordance with the following schedule:
• 5 U.S.C. § 8704(b)

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  (b) An employee eligible for insurance is entitled to be insured for group accidental death and dismemberment insurance in accordance with this subsection. Subject to the conditions and limitations approved by the Office of Personnel Management which are contained in the policy purchased by the Office, the group accidental death and dismemberment insurance provides payment as follows:

  For any one accident the aggregate amount of group accidental death and dismemberment insurance that may be paid may not exceed an amount equal to the employee’s basic insurance amount.
• 5 U.S.C. § 8704(d)

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  (d) In determining the amount of insurance to which an employee is entitled—

  (1) a change in rate of pay under subchapter VI of chapter 53 of this title is deemed effective as of the first day of the pay period after the pay period in which the payroll change is approved; and

  (2) a change in rate of pay under section 5344 or 5349 of this title is deemed effective as of the date of issuance of the order granting the increase or the effective date of the increase, whichever is later, except, that in the case of an employee who dies or retires during the period beginning on the effective date of the increase and ending on the date of the issuance of the order granting the increase, a change in rate of pay under either of such sections shall be deemed as having been in effect for such employee during that period.
• 5 U.S.C. § 8704(d)(2)

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  (2) a change in rate of pay under section 5344 or 5349 of this title is deemed effective as of the date of issuance of the order granting the increase or the effective date of the increase, whichever is later, except, that in the case of an employee who dies or retires during the period beginning on the effective date of the increase and ending on the date of the issuance of the order granting the increase, a change in rate of pay under either of such sections shall be deemed as having been in effect for such employee during that period.
• 5 U.S.C. § 8705(a)

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  (a) Except as provided in subsection (e), the amount of group life insurance and group accidental death insurance in force on an employee at the date of his death shall be paid, on the establishment of a valid claim, to the person or persons surviving at the date of his death, in the following order of precedence:

  First, to the beneficiary or beneficiaries designated by the employee in a signed and witnessed writing received before death in the employing office or, if insured because of receipt of annuity or of benefits under subchapter I of chapter 81 of this title as provided by section 8706(b) of this title, in the Office of Personnel Management. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect.

  Second, if there is no designated beneficiary, to the widow or widower of the employee.

  Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation.

  Fourth, if none of the above, to the parents of the employee or the survivor of them.

  Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee.

  Sixth, if none of the above, to other next of kin of the employee entitled under the laws of the domicile of the employee at the date of his death.
• 5 U.S.C. § 8705(b)

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  (b) If, within 1 year after the death of the employee, no claim for payment has been filed by a person entitled under the order of precedence named by subsection (a) of this section, or if payment to the person within that period is prohibited by Federal statute or regulation, payment may be made in the order of precedence as if the person had predeceased the employee, and the payment bars recovery by any other person.
• 5 U.S.C. § 8705(c)

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  (c) If, within 2 years after the death of the employee, no claim for payment has been filed by a person entitled under the order of precedence named by subsection (a) of this section, and neither the Office nor the administrative office established by the company concerned pursuant to section 8709(b) of this title has received notice that such a claim will be made, payment may be made to the claimant who in the judgment of the Office is equitably entitled thereto, and the payment bars recovery by any other person.
• 5 U.S.C. § 8705(d)

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  (d) If, within 4 years after the death of the employee, payment has not been made under this section and no claim for payment by a person entitled under this section is pending, the amount payable escheats to the credit of the Employees’ Life Insurance Fund.
• 5 U.S.C. § 8705(e)(2)

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  (2) For purposes of this subsection, a decree, order, or agreement referred to in paragraph (1) shall not be effective unless it is received, before the date of the covered employee’s death, by the employing agency or, if the employee has separated from service, by the Office.
• 5 U.S.C. § 8706(a)

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  (a) A policy purchased under this chapter shall contain a provision, approved by the Office of Personnel Management, to the effect that insurance on an employee stops on his separation from the service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office. Justices and judges of the United States described in section 8701(a)(5)(ii) and (iii) of this chapter are deemed to continue in active employment for purposes of this chapter.
• 5 U.S.C. § 8706(b)(1)

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  (1) In the case of any employee who retires on an immediate annuity and has been insured under this chapter throughout—

  (A) the 5 years of service immediately preceding the date of the employee’s retirement, or

  (B) the full period or periods of service during which the employee was entitled to be insured, if fewer than 5 years,

  life insurance, without accidental death and dismemberment insurance, may be continued, under conditions determined by the Office.
• 5 U.S.C. § 8706(b)(1)(A)

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  (A) the 5 years of service immediately preceding the date of the employee’s retirement, or
• 5 U.S.C. § 8706(b)(1)(B)

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  (B) the full period or periods of service during which the employee was entitled to be insured, if fewer than 5 years,
• 5 U.S.C. § 8706(b)(2)

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  (2) In the case of any employee who becomes entitled to receive compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee and has been insured under this chapter throughout—

  (A) the 5 years of service immediately preceding the date the employee becomes entitled to compensation, or

  (B) the full period or periods of service during which the employee was entitled to be insured, if fewer than 5 years,

  life insurance, without accidental death and dismemberment insurance, may be continued, under conditions determined by the Office, during the period the employee is receiving compensation and is held by the Secretary of Labor or the Secretary’s delegate to be unable to return to duty.
• 5 U.S.C. § 8706(b)(2)(A)

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  (A) the 5 years of service immediately preceding the date the employee becomes entitled to compensation, or
• 5 U.S.C. § 8706(b)(2)(B)

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  (B) the full period or periods of service during which the employee was entitled to be insured, if fewer than 5 years,
• 5 U.S.C. § 8706(b)(3)

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  (3) The amount of life insurance continued under paragraph (1) or (2) of this subsection shall be continued, with or without reduction, at the end of each full calendar month after the date the employee becomes 65 years of age and is retired or is receiving compensation for disease or injury, in accordance with the employee’s written election at the time eligibility to continue insurance during retirement or receipt of compensation arises, as follows:

  (A) the employee may elect to have the deductions required by section 8707 of this title withheld from annuity or compensation, and the employee’s life insurance shall be reduced each month by 2 percent of the face value until 25 percent of the amount of life insurance in force before the first reduction remains; or

  (B) in addition to any deductions which would be required if the insurance were continued as provided under subparagraph (A) of this paragraph, the employee may elect continuous withholdings from annuity or compensation in amounts determined by the Office, and the employee’s life insurance coverage shall be either continued without reduction or reduced each month by no more than 1 percent of its face value until no less than 50 percent of the amount of insurance in force before the first reduction remains.
• 5 U.S.C. § 8706(b)(3)(A)

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  (A) the employee may elect to have the deductions required by section 8707 of this title withheld from annuity or compensation, and the employee’s life insurance shall be reduced each month by 2 percent of the face value until 25 percent of the amount of life insurance in force before the first reduction remains; or
• 5 U.S.C. § 8706(b)(3)(B)

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  (B) in addition to any deductions which would be required if the insurance were continued as provided under subparagraph (A) of this paragraph, the employee may elect continuous withholdings from annuity or compensation in amounts determined by the Office, and the employee’s life insurance coverage shall be either continued without reduction or reduced each month by no more than 1 percent of its face value until no less than 50 percent of the amount of insurance in force before the first reduction remains.
• 5 U.S.C. § 8706(b)(4)

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  (4) If an employee elects to continue insurance under subparagraph (B) of paragraph (3) of this subsection at the time eligibility to continue insurance during retirement or receipt of compensation for disease or injury arises, the individual may later cancel that election and life insurance coverage shall continue as if the individual had originally elected coverage under subparagraph (A) of paragraph (3) of this subsection.
• 5 U.S.C. § 8706(c)

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  (c) Notwithstanding subsections (a) and (b) of this section, an employee who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of employees as defined by section 8701(a) of this title, within 60 days after entering on that leave without pay, may elect to continue his insurance and arrange to pay currently into the Employees’ Life Insurance Fund, through his employing agency, both employee and agency contributions from the beginning of leave without pay. The employing agency shall forward the premium payments to the Fund. If the employee does not so elect, his insurance will continue during nonpay status and stop as provided by subsection (a) of this section.
• 5 U.S.C. § 8706(d)(1)

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  (1) An employee who enters on approved leave without pay in the circumstances described in paragraph (2) may elect to have such employee’s life insurance continue (beyond the end of the 12 months of coverage provided for under subsection (a)) for an additional 12 months and arrange to pay currently into the Employees’ Life Insurance Fund, through such employee’s employing agency, both employee and agency contributions, from the beginning of that additional 12 months of coverage. The employing agency shall forward the premium payments to the Fund. If the employee does not so elect, such employee’s insurance will continue during nonpay status and stop as provided by subsection (a). An individual making an election under this subsection may cancel that election at any time, in which case such employee’s insurance will stop as provided by subsection (a) or upon receipt of notice of cancellation, whichever is later.
• 5 U.S.C. § 8706(d)(2)

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  (2) This subsection applies in the case of any employee who—

  (A) is a member of a reserve component of the armed forces called or ordered to active duty under a call or order that does not specify a period of 30 days or less; and

  (B) enters on approved leave without pay to perform active duty pursuant to such call or order.
• 5 U.S.C. § 8706(e)

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  (e) If the insurance of an employee stops because of separation from the service or suspension without pay, and the separation or suspension is thereafter officially found to have been erroneous, the employee is deemed to have been insured during the period of erroneous separation or suspension. Deductions otherwise required by section 8707 of this chapter shall not be withheld from any backpay awarded for the period of separation or suspension unless death or accidental dismemberment of the employee occurs during such period.
• 5 U.S.C. § 8706(f)(1)

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  (1) Under regulations prescribed by the Office, each policy purchased under this chapter shall provide that an insured employee or former employee may make an irrevocable assignment of the employee’s or former employee’s incidents of ownership in the policy.
• 5 U.S.C. § 8706(f)(2)

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  (2) A court decree of divorce, annulment, or legal separation, or the terms of a court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation, may direct that an insured employee or former employee make an irrevocable assignment of the employee’s or former employee’s incidents of ownership in insurance under this chapter (if there is no previous assignment) to the person specified in the court order or court-approved property settlement agreement.
• 5 U.S.C. § 8706(g)

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  (g) If the insurance of a former employee receiving a disability annuity under section 8337 of this title stops because of the termination of such annuity, and such annuity is thereafter restored under the second or third sentence of subsection (e) of such section, such former employee may, under regulations prescribed by the Office, elect to resume the insurance coverage which was so stopped.
• 5 U.S.C. § 8706(h)

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  (h) The insurance of an employee under a policy purchased under section 8709 shall not be invalidated based on a finding that the employee erroneously became insured, or erroneously continued insurance upon retirement or entitlement to compensation under subchapter I of chapter 81 of this title, if such finding occurs after the erroneous insurance and applicable withholdings have been in force for 2 years during the employee’s lifetime.
• 5 U.S.C. § 8707(a)

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  (a) Subject to subsection (c)(2), during each period in which an employee is insured under a policy purchased by the Office of Personnel Management under section 8709 of this title, there shall be withheld from the employee’s pay a share of the cost of the group life insurance and accidental death and dismemberment insurance.
• 5 U.S.C. § 8707(b)(1)

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  (1) Subject to subsection (c)(2), whenever life insurance continues after an employee retires on an immediate annuity or while the employee is receiving compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee, as provided in section 8706(b) of this title, deductions for insurance shall be withheld from the employee’s annuity or compensation, except that, in any case in which the insurance is continued as provided in section 8706(b)(3)(A) of this title, the deductions shall not be made for months after the calendar month in which the employee becomes 65 years of age.
• 5 U.S.C. § 8707(b)(2)

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  (2) Notwithstanding paragraph (1) of this subsection, insurance shall be so continued without cost (other than as provided under section 8706(b)(3)(B)) to each employee who so retires, or commences receiving compensation, on or before December 31, 1989.
• 5 U.S.C. § 8707(c)(1)

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  (1) The amount withheld from the pay, annuity, or compensation of each employee subject to insurance deductions shall be at the rate, adjusted to the nearest half-cent, of 66⅔ percent of the level cost as determined by the Office for each $1,000 of the employee’s basic insurance amount.
• 5 U.S.C. § 8707(c)(2)

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  (2) An employee who is subject to withholdings under this section and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue insurance if the employee arranges to pay currently into the Employees’ Life Insurance Fund, through the agency or retirement system that administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this section.
• 5 U.S.C. § 8707(d)

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  (d) If an agency fails to withhold the proper amount of life insurance deductions from an individual’s salary, compensation, or retirement annuity, the collection of unpaid deductions may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of unpaid deductions, the agency shall submit an amount equal to the sum of the uncollected deductions and related agency contributions required under section 8708 of this title to the Office for deposit to the Employees’ Life Insurance Fund.
• 5 U.S.C. § 8708(a)

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  (a) For each period in which an employee is insured under a policy of insurance purchased by the Office of Personnel Management under section 8709 of this title, a sum equal to one-half the amount which is withheld from the pay of the employee under section 8707 of this title shall be contributed from the appropriation or fund which is used to pay him.
• 5 U.S.C. § 8708(b)

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  (b) When an employee is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may contribute the sum required by subsection (a) of this section from the applicable accounts of the House of Representatives.
• 5 U.S.C. § 8708(c)

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  (c) When the employee is an elected official, the sum required by subsection (a) of this section is contributed from an appropriation or fund available for payment of other salaries of the same office or establishment.
• 5 U.S.C. § 8708(d)(1)

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  (1) Except as otherwise provided in this subsection, for each period in which an employee continues life insurance after retirement or while in receipt of compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee, as provided under section 8706(b) of this title, a sum equal to one-half of the amount which is withheld from the employee’s annuity or compensation under section 8707 of this title shall be contributed by the Office from annual appropriations which are authorized to be made for that purpose and which may be made available until expended.
• 5 U.S.C. § 8709(a)(2)

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  (2) It must have in effect, on the most recent December 31 for which information is available to the Office, an amount of employee group life insurance equal to at least 1 percent of the total amount of employee group life insurance in the United States in all life insurance companies.
• 5 U.S.C. § 8710(d)

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  (d) A fraternal benefit association which is—

  (1) licensed to transact life insurance under the laws of a State or the District of Columbia; and

  (2) engaged in issuing insurance certificates on the lives of employees of the United States exclusively;

  is eligible to act as a reinsuring company and may be allocated an amount of reinsurance equal to 25 percent of its total life insurance in force on employees of the United States on the determination date named by subsection (c) of this section.
• 5 U.S.C. § 8710(d)(2)

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  (2) engaged in issuing insurance certificates on the lives of employees of the United States exclusively;
• 5 U.S.C. § 8710(e)

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  (e) An issuing company or reinsurer is entitled, as a minimum, to be allocated an amount of insurance under the policy equal to any reduction from December 31, 1953, to the determination date, in the amount of the company’s group life insurance under policies issued to associations of employees of the United States. However, any increase under this subsection in the amount allocated is reduced by the amount in force on the determination date of any policy covering life insurance agreements assumed by the Office.
• 5 U.S.C. § 8712

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  A policy purchased under this chapter shall provide for an accounting to the Office of Personnel Management not later than 90 days after the end of each policy year. The accounting shall set forth, in a form approved by the Office—
• 5 U.S.C. § 8714(a)

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  (a) The amounts withheld from employees under section 8707 of this title and the sums contributed from appropriations and funds under section 8708 of this title shall be deposited in the Treasury of the United States to the credit of the Employees’ Life Insurance Fund. The Fund is available without fiscal year limitation for—

  (1) premium payments under an insurance policy purchased under this chapter; and

  (2) expenses incurred by the Office of Personnel Management in the administration of this chapter within the limitations that may be specified annually by appropriation acts.
• 5 U.S.C. § 8714a(a)

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  (a) Under the conditions, directives, and terms specified in sections 8709–8712 of this title, the Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase a policy which shall make available to each insured employee equal amounts of optional life insurance and accidental death and dismemberment insurance in addition to the amounts provided in section 8704(a) of this title.
• 5 U.S.C. § 8714a(b)(1)

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  (1) An employee who is deployed in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) or an employee of the Department of Defense who is designated as emergency essential under section 1580 of title 10 shall be insured under the policy of insurance under this section if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under the policy of insurance. An election under this paragraph shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.
• 5 U.S.C. § 8714a(b)(2)

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  (2) The optional life insurance and accidental death and dismemberment insurance shall be made available to each insured employee under such conditions as the Office shall prescribe and in amounts approved by the Office but not more than the greater of $10,000 or an amount which, when added to the amount provided in section 8704(a) of this title, makes the sum of his insurance equal to his annual pay.
• 5 U.S.C. § 8714a(c)(1)

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  (1) Except as otherwise provided in this subsection, the optional insurance on an employee stops on his separation from service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office.
• 5 U.S.C. § 8714a(c)(2)(A)

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  (A) In the case of any employee who retires on an immediate annuity and has been insured under this section throughout—

  (i) the 5 years of service immediately preceding the date of such retirement, or

  (ii) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,

  the amount of optional life insurance only which has been in force throughout such period may be continued, under conditions determined by the Office.
• 5 U.S.C. § 8714a(c)(2)(A)(ii)

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  (ii) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,
• 5 U.S.C. § 8714a(c)(2)(B)

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  (B) In the case of any employee who becomes entitled to receive compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee and has been insured under this section throughout—

  (i) the 5 years of service immediately preceding the date such employee becomes entitled to such compensation, or

  (ii) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,

  the amount of optional life insurance only which has been in force throughout such period may be continued, under conditions determined by the Office, during the period the employee is receiving such compensation for disease or injury and is held by the Secretary of Labor or his delegate to be unable to return to duty.
• 5 U.S.C. § 8714a(c)(2)(B)(i)

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  (i) the 5 years of service immediately preceding the date such employee becomes entitled to such compensation, or
• 5 U.S.C. § 8714a(c)(2)(B)(ii)

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  (ii) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,
• 5 U.S.C. § 8714a(c)(2)(C)

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  (C) The amount of optional life insurance continued under subparagraph (A) or subparagraph (B) of this paragraph shall be reduced by 2 percent at the end of each full calendar month after the date the employee becomes 65 years of age and is retired or is receiving compensation for disease or injury. The Office shall prescribe minimum amounts, not less than 25 percent of the amount of life insurance in force before the first reduction, to which the insurance may be reduced.
• 5 U.S.C. § 8714a(c)(3)

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  (3) Notwithstanding paragraph (c)(1) of this section,¹ a justice or judge of the United States as defined by section 8701(a)(5) of this title who resigns his office without meeting the requirements of section 371(a) of title 28, United States Code, for continuation of the judicial salary shall have the right to convert regular optional life insurance coverage issued under this section during his judicial service to an individual policy of life insurance under the same conditions approved by the Office governing conversion of basic life insurance coverage for employees eligible as provided in section 8706(a) of this title.
• 5 U.S.C. § 8714a(d)(1)

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  (1) During each period in which an employee has the optional insurance the full cost thereof shall be withheld from his pay. During each period in which an employee continues optional life insurance after retirement or while in receipt of compensation for work injuries, as provided in section 8706(b) of this title, the full cost thereof shall be withheld from his annuity or compensation, except that, at the end of the calendar month in which he becomes 65 years of age, the optional life insurance shall be without cost to him. Amounts so withheld shall be deposited, used, and invested as provided in section 8714 of this title and shall be reported and accounted for separately from amounts withheld and contributed under sections 8707 and 8708 of this title.
• 5 U.S.C. § 8714a(d)(2)

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  (2) If an agency fails to withhold the proper cost of optional insurance from an individual’s salary, compensation, or retirement annuity, the collection of amounts properly due may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of any unpaid amount, the agency shall submit an amount equal to the uncollected amount to the Office for deposit to the Employees’ Life Insurance Fund.
• 5 U.S.C. § 8714a(d)(3)

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  (3) Notwithstanding paragraph (1), an employee who is subject to withholdings under this subsection and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue optional insurance if the employee arranges to pay currently into the Employees’ Life Insurance Fund, through the agency or retirement system which administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this subsection.
• 5 U.S.C. § 8714a(f)

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  (f) The amount of optional life, or life and accidental death, insurance in force on an employee at the date of his death shall be paid as provided in section 8705 of this title.
• 5 U.S.C. § 8714b(a)

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  (a) Under the conditions, directives, and terms specified in sections 8709 through 8712 of this title, the Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase a policy which shall make available to each employee insured under section 8702 of this title amounts of additional optional life insurance (without accidental death and dismemberment insurance). An employee may elect coverage under this section without regard to whether the employee has elected coverage under optional insurance available under section 8714a of this title.
• 5 U.S.C. § 8714b(b)(1)

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  (1) An employee who is deployed in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) or an employee of the Department of Defense who is designated as emergency essential under section 1580 of title 10 shall be insured under the policy of insurance under this section if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under the policy of insurance. An election under this paragraph shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.
• 5 U.S.C. § 8714b(b)(2)

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  (2) The additional optional insurance provided under this section shall be made available to each eligible employee who has elected coverage under this section, under conditions the Office shall prescribe, in multiples, at the employee’s election, of 1, 2, 3, 4, or 5 times the annual rate of basic pay payable to the employee (rounded to the next higher multiple of $1,000). An employee may reduce or stop coverage elected pursuant to this section at any time.
• 5 U.S.C. § 8714b(c)(1)

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  (1) Except as otherwise provided in this subsection, the additional optional insurance elected by an employee pursuant to this section shall stop on separation from service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office. Justices and judges of the United States described in section 8701(a)(5)(ii) and (iii) of this chapter are deemed to continue in active employment for purposes of this chapter. A justice or judge of the United States as defined by section 8701(a)(5) of this title who resigns his office without meeting the requirements of section 371(a) of title 28, United States Code, for continuation of the judicial salary shall have the right to convert additional optional life insurance coverage issued under this section during his judicial service to an individual policy of life insurance under the same conditions approved by the Office governing conversion of basic life insurance coverage for employees eligible as provided in section 8706(a) of this title.
• 5 U.S.C. § 8714b(c)(2)

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  (2) In the case of any employee who retires on an immediate annuity or who becomes entitled to receive compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee, so much of the additional optional insurance as has been in force for not less than—

  (A) the 5 years of service immediately preceding the date of retirement or entitlement to compensation, or

  (B) the full period or periods of service during which the insurance was available to the employee, if fewer than 5 years,

  may be continued under conditions determined by the Office after retirement or while the employee is receiving compensation under subchapter I of chapter 81 of this title and is held by the Secretary of Labor (or the Secretary’s delegate) to be unable to return to duty.
• 5 U.S.C. § 8714b(c)(2)(B)

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  (B) the full period or periods of service during which the insurance was available to the employee, if fewer than 5 years,
• 5 U.S.C. § 8714b(c)(3)

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  (3) The amount of additional optional insurance continued under paragraph (2) shall be continued, with or without reduction, in accordance with the employee’s written election at the time eligibility to continue insurance during retirement or receipt of compensation arises, as follows:

  (A) The employee may elect to have withholdings cease in accordance with subsection (d), in which case—

  (i) the amount of additional optional insurance continued under paragraph (2) shall be reduced each month by 2 percent effective at the beginning of the second calendar month after the date the employee becomes 65 years of age and is retired or is in receipt of compensation; and

  (ii) the reduction under clause (i) shall continue for 50 months at which time the insurance shall stop.

  (B) The employee may, instead of the option under subparagraph (A), elect to have the full cost of additional optional insurance continue to be withheld from such employee’s annuity or compensation on and after the date such withholdings would otherwise cease pursuant to an election under subparagraph (A), in which case the amount of additional optional insurance continued under paragraph (2) shall not be reduced, subject to paragraph (4).

  (C) An employee who does not make any election under the preceding provisions of this paragraph shall be treated as if such employee had made an election under subparagraph (A).
• 5 U.S.C. § 8714b(c)(3)(A)

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  (A) The employee may elect to have withholdings cease in accordance with subsection (d), in which case—

  (i) the amount of additional optional insurance continued under paragraph (2) shall be reduced each month by 2 percent effective at the beginning of the second calendar month after the date the employee becomes 65 years of age and is retired or is in receipt of compensation; and

  (ii) the reduction under clause (i) shall continue for 50 months at which time the insurance shall stop.
• 5 U.S.C. § 8714b(c)(3)(A)(i)

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  (i) the amount of additional optional insurance continued under paragraph (2) shall be reduced each month by 2 percent effective at the beginning of the second calendar month after the date the employee becomes 65 years of age and is retired or is in receipt of compensation; and
• 5 U.S.C. § 8714b(c)(3)(B)

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  (B) The employee may, instead of the option under subparagraph (A), elect to have the full cost of additional optional insurance continue to be withheld from such employee’s annuity or compensation on and after the date such withholdings would otherwise cease pursuant to an election under subparagraph (A), in which case the amount of additional optional insurance continued under paragraph (2) shall not be reduced, subject to paragraph (4).
• 5 U.S.C. § 8714b(c)(3)(C)

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  (C) An employee who does not make any election under the preceding provisions of this paragraph shall be treated as if such employee had made an election under subparagraph (A).
• 5 U.S.C. § 8714b(c)(4)

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  (4) If an employee makes an election under paragraph (3)(B), that individual may subsequently cancel such election, in which case additional optional insurance shall be determined as if the individual had originally made an election under paragraph (3)(A).
• 5 U.S.C. § 8714b(c)(5)(A)

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  (A) An employee whose additional optional insurance under this section would otherwise stop in accordance with paragraph (1) and who is not eligible to continue insurance under paragraph (2) may elect, under conditions prescribed by the Office of Personnel Management, to continue all or a portion of so much of the additional optional insurance as has been in force for not less than—

  (i) the 5 years of service immediately preceding the date of the event which would cause insurance to stop under paragraph (1); or

  (ii) the full period or periods of service during which the insurance was available to the employee, if fewer than 5 years,

  at group rates established for purposes of this section, in lieu of conversion to an individual policy. The amount of insurance continued under this paragraph shall be reduced by 50 percent effective at the beginning of the second calendar month after the date the employee or former employee attains age 70 and shall stop at the beginning of the second calendar month after attainment of age 80, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office. Alternatively, insurance continued under this paragraph may be reduced or stopped at any time the employee or former employee elects.
• 5 U.S.C. § 8714b(c)(5)(A)(ii)

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  (ii) the full period or periods of service during which the insurance was available to the employee, if fewer than 5 years,
• 5 U.S.C. § 8714b(c)(5)(B)

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  (B) When an employee or former employee elects to continue additional optional insurance under this paragraph following separation from service or 12 months without pay, the insured individual shall submit timely payment of the full cost thereof, plus any amount the Office determines necessary to cover associated administrative expenses, in such manner as the Office shall prescribe by regulation. Amounts required under this subparagraph shall be deposited, used, and invested as provided under section 8714 and shall be reported and accounted for together with amounts withheld under section 8714a(d).
• 5 U.S.C. § 8714b(c)(5)(C)(ii)

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  (ii) On and after the date on which an election may not be made under clause (i), all additional optional insurance under this paragraph for former employees shall terminate, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office.
• 5 U.S.C. § 8714b(d)(1)

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  (1) During each period in which the additional optional insurance is in force on an employee the full cost thereof shall be withheld from the employee’s pay. During each period in which an employee continues additional optional insurance after retirement or while in receipt of compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee, as provided in subsection (c) of this section, the full cost thereof shall be withheld from the former employee’s annuity or compensation, except that, if insurance is continued as provided under subsection (c)(3)(A), beginning at the end of the calendar month in which the former employee becomes 65 years of age, the additional optional life insurance shall be without cost to the former employee. Amounts so withheld (and any amounts withheld as provided in subsection (c)(3)(B)) shall be deposited, used, and invested as provided in section 8714 of this title and shall be reported and accounted for together with amounts withheld under section 8714a(d) of this title.
• 5 U.S.C. § 8714b(d)(2)

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  (2) If an agency fails to withhold the proper cost of additional optional insurance from an individual’s salary, compensation, or retirement annuity, the collection of amounts properly due may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of any unpaid amount, the agency shall submit an amount equal to the uncollected amount to the Office for deposit to the Employees’ Life Insurance Fund.
• 5 U.S.C. § 8714b(d)(3)

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  (3) Notwithstanding paragraph (1), an employee who is subject to withholdings under this subsection and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue additional optional insurance if the employee arranges to pay currently into the Employees’ Life Insurance Fund, through the agency or retirement system which administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this subsection.
• 5 U.S.C. § 8714b(e)

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  (e) The cost of the additional optional insurance shall be determined from time to time by the Office on the basis of the employee’s age relative to such age groups as the Office establishes under section 8714a(e) of this title.
• 5 U.S.C. § 8714b(f)

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  (f) The amount of additional optional life insurance in force on an employee at the date of his death shall be paid as provided in section 8705 of this title.
• 5 U.S.C. § 8714c(a)

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  (a) Under the conditions, directives, and terms specified in sections 8709 through 8712 of this title, the Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase a policy which shall make available to each employee insured under section 8702 of this title amounts of optional life insurance (without accidental death and dismemberment insurance) on the employee’s family members.
• 5 U.S.C. § 8714c(b)(1)

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  (1) The optional life insurance on family members provided under this section shall be made available to each eligible employee who has elected coverage under this section, under conditions the Office shall prescribe, in multiples, at the employee’s election, of 1, 2, 3, 4, or 5 times—

  (A) $5,000 for a spouse; and

  (B) $2,500 for each child described under section 8701(d).
• 5 U.S.C. § 8714c(b)(2)

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  (2) An employee may reduce or stop coverage elected pursuant to this section at any time.
• 5 U.S.C. § 8714c(c)(1)

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  (1) Except as otherwise provided in this subsection, the optional life insurance on family members shall stop at the earlier of the employee’s death, the employee’s separation from the service, or 12 months after discontinuance of pay, subject to a provision for temporary extension of life insurance coverage and for conversion to individual policies of life insurance under conditions approved by the Office.
• 5 U.S.C. § 8714c(c)(2)

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  (2) In the case of any employee who retires on an immediate annuity or who becomes entitled to receive compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee and who has had in force insurance under this section for no less than—

  (A) the 5 years of service immediately preceding the date of retirement or entitlement to compensation, or

  (B) the full period or periods of service during which the insurance was available to the employee, if fewer than 5 years,

  optional life insurance on family members may be continued under the same conditions as provided in section 8714b(c)(2) through (4).
• 5 U.S.C. § 8714c(c)(2)(B)

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  (B) the full period or periods of service during which the insurance was available to the employee, if fewer than 5 years,
• 5 U.S.C. § 8714c(d)(1)

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  (1) During each period in which the optional life insurance on family members is in force the full cost thereof shall be withheld from the employee’s pay. During each period in which an employee continues optional life insurance on family members after retirement or while in receipt of compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee, as provided in subsection (c) of this section, the full cost shall be withheld from the annuity or compensation, except that, beginning at the end of the calendar month in which the former employee becomes 65 years of age, the optional life insurance on family members shall be without cost to the employee. Notwithstanding the preceding sentence, the full cost shall be continued after the calendar month in which the former employee becomes 65 years of age if, and for so long as, an election under this section corresponding to that described in section 8714b(c)(3)(B) remains in effect with respect to such former employee. Amounts so withheld shall be deposited, used, and invested as provided in section 8714 of this title and shall be reported and accounted for together with amounts withheld under section 8714a(d) of this title.
• 5 U.S.C. § 8714c(d)(2)

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  (2) If an agency fails to withhold the proper cost of optional life insurance on family members from an individual’s salary, compensation, or retirement annuity, the collection of amounts properly due may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of any unpaid amount, the agency shall submit an amount equal to the uncollected amount to the Office for deposit to the Employees’ Life Insurance Fund.
• 5 U.S.C. § 8714c(d)(3)

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  (3) Notwithstanding paragraph (1), an employee who is subject to withholdings under this subsection and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue optional life insurance on family members if the employee arranges to pay currently into the Employees’ Life Insurance Fund, through the agency or retirement system that administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this subsection.
• 5 U.S.C. § 8714c(e)

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  (e) The cost of the optional life insurance on family members shall be determined from time to time by the Office on the basis of the employee’s age relative to such age groups as the Office establishes under section 8714a(e) of this title.
• 5 U.S.C. § 8714c(f)

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  (f) The amount of optional life insurance which is in force under this section on a family member of an employee or former employee on the date of the death of the family member shall be paid, on the establishment of a valid claim by the employee, to such employee or, in the event of the death of the employee before payment can be made, to the person or persons entitled to the group life insurance in force on the employee under section 8705 of this title.
• 5 U.S.C. § 8716(b)

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  (b) The regulations of the Office may prescribe the time at which and the conditions under which an employee is eligible for coverage under this chapter. The Office, after consulting the head of the agency or other employing authority concerned, may exclude an employee on the basis of the nature and type of his employment or conditions pertaining to it, such as short-term appointment, seasonal, intermittent employment, and employment of like nature. The Office may not exclude—

  (1) an employee or group of employees solely on the basis of the hazardous nature of employment;

  (2) a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by section 1501 of title 31, District of Columbia Code, on the basis of the fact that the teacher is serving under a temporary appointment if the teacher has been so employed by the Board for a period or periods totaling not less than two school years; or

  (3) an employee who is occupying a position on a part-time career employment basis (as defined in section 3401(2) of this title).
• 5 U.S.C. § 8716(b)(1)

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  (1) an employee or group of employees solely on the basis of the hazardous nature of employment;
• 5 U.S.C. § 8716(b)(3)

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  (3) an employee who is occupying a position on a part-time career employment basis (as defined in section 3401(2) of this title).
• 5 U.S.C. § 8901(1)

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  (1) “employee” means—

  (A) an employee as defined by section 2105 of this title;

  (B) a Member of Congress as defined by section 2106 of this title;

  (C) a Congressional employee as defined by section 2107 of this title;

  (D) the President;

  (E) an individual first employed by the government of the District of Columbia before October 1, 1987;

  (F) an individual employed by Gallaudet College;¹

  (G) an individual employed by a county committee established under section 590h(b) of title 16;

  (H) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);

  (I) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 of the Presidential Transition Act of 1963, as amended (78 Stat. 153), who immediately before the date of such appointment was an employee as defined under any other subparagraph of this paragraph; and

  (J) an individual who is employed by the Roosevelt Campobello International Park Commission and is a citizen of the United States,

  but does not include—

  (i) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;

  (ii) an individual who is not a citizen or national of the United States and whose permanent duty station is outside the United States, unless the individual was an employee for the purpose of this chapter on September 30, 1979, by reason of service in an Executive agency, the United States Postal Service, or the Smithsonian Institution in the area which was then known as the Canal Zone;

  (iii) an employee of the Tennessee Valley Authority; or

  (iv) an employee excluded by regulation of the Office of Personnel Management under section 8913(b) of this title;
• 5 U.S.C. § 8901(1)(A)

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  (A) an employee as defined by section 2105 of this title;
• 5 U.S.C. § 8901(1)(I)

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  (I) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 of the Presidential Transition Act of 1963, as amended (78 Stat. 153), who immediately before the date of such appointment was an employee as defined under any other subparagraph of this paragraph; and
• 5 U.S.C. § 8901(1)(i)

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  (i) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;
• 5 U.S.C. § 8901(1)(ii)

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  (ii) an individual who is not a citizen or national of the United States and whose permanent duty station is outside the United States, unless the individual was an employee for the purpose of this chapter on September 30, 1979, by reason of service in an Executive agency, the United States Postal Service, or the Smithsonian Institution in the area which was then known as the Canal Zone;
• 5 U.S.C. § 8901(1)(iii)

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  (iii) an employee of the Tennessee Valley Authority; or
• 5 U.S.C. § 8901(1)(iv)

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  (iv) an employee excluded by regulation of the Office of Personnel Management under section 8913(b) of this title;
• 5 U.S.C. § 8901(3)(A)

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  (A) an employee who retires—

  (i) on an immediate annuity under subchapter III of chapter 83 of this title, or another retirement system for employees of the Government, after 5 or more years of service;

  (ii) under section 8412 or 8414 of this title;

  (iii) for disability under subchapter III of chapter 83 of this title, chapter 84 of this title, or another retirement system for employees of the Government; or

  (iv) on an immediate annuity under a retirement system established for employees described in section 2105(c), in the case of an individual who elected under section 8347(q)(2) or 8461(n)(2) to remain subject to such a system;
• 5 U.S.C. § 8901(3)(A)(i)

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  (i) on an immediate annuity under subchapter III of chapter 83 of this title, or another retirement system for employees of the Government, after 5 or more years of service;
• 5 U.S.C. § 8901(3)(A)(iii)

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  (iii) for disability under subchapter III of chapter 83 of this title, chapter 84 of this title, or another retirement system for employees of the Government; or
• 5 U.S.C. § 8901(3)(A)(iv)

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  (iv) on an immediate annuity under a retirement system established for employees described in section 2105(c), in the case of an individual who elected under section 8347(q)(2) or 8461(n)(2) to remain subject to such a system;
• 5 U.S.C. § 8901(3)(B)

  Go to provision →
  (B) a member of a family who receives an immediate annuity as the survivor of an employee (including a family member entitled to an amount under section 8442(b)(1)(A), whether or not such family member is entitled to an annuity under section 8442(b)(1)(B)) or of a retired employee described by subparagraph (A) of this paragraph;
• 5 U.S.C. § 8901(3)(C)

  Go to provision →
  (C) an employee who receives monthly compensation under subchapter I of chapter 81 of this title and who is determined by the Secretary of Labor to be unable to return to duty; and
• 5 U.S.C. § 8901(3)(D)(i)

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  (i) an employee who dies as a result of injury or illness compensable under that subchapter; or
• 5 U.S.C. § 8901(3)(D)(ii)

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  (ii) a former employee who is separated after having completed 5 or more years of service and who dies while receiving monthly compensation under that subchapter and who has been held by the Secretary to have been unable to return to duty;
• 5 U.S.C. § 8901(5)

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  (5) “member of family” means the spouse of an employee or annuitant and an unmarried dependent child under 22 years of age, including—

  (A) an adopted child or recognized natural child; and

  (B) a stepchild or foster child but only if the child lives with the employee or annuitant in a regular parent-child relationship;

  or such an unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability which existed before age 22;
• 5 U.S.C. § 8901(5)(B)

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  (B) a stepchild or foster child but only if the child lives with the employee or annuitant in a regular parent-child relationship;
• 5 U.S.C. § 8901(8)(A)

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  (A) an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under this chapter and which, after December 31, 1978, and before January 1, 1980, applied to the Office for approval of a plan provided under section 8903(3) of this title; and
• 5 U.S.C. § 8901(8)(B)

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  (B) an association or other organization which is national in scope, in which membership is open only to employees, annuitants, or former spouses, or any combination thereof, and which, during the 90-day period beginning on the date of enactment of section 8903a of this title, applied to the Office for approval of a plan provided under such section;
• 5 U.S.C. § 8901(9)

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  (9) “dependent”, in the case of any child, means that the employee or annuitant involved is either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office shall prescribe;
• 5 U.S.C. § 8901(10)

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  (10) “former spouse” means a former spouse of an employee, former employee, or annuitant—

  (A) who has not remarried before age 55 after the marriage to the employee, former employee, or annuitant was dissolved,

  (B) who was enrolled in an approved health benefits plan under this chapter as a family member at any time during the 18-month period before the date of the dissolution of the marriage to the employee, former employee, or annuitant, and

  (i) who is receiving any portion of an annuity under section 8345(j) or 8467 of this title or a survivor annuity under section 8341(h) or 8445 of this title (or benefits similar to either of the aforementioned annuity benefits under a retirement system for Government employees other than the Civil Service Retirement System or the Federal Employees’ Retirement System),

  (ii) as to whom a court order or decree referred to in section 8341(h), 8345(j), 8445, or 8467 of this title (or similar provision of law under any such retirement system other than the Civil Service Retirement System or the Federal Employees’ Retirement System) has been issued, or for whom an election has been made under section 8339(j)(3) or 8417(b) of this title (or similar provision of law), or

  (iii) who is otherwise entitled to an annuity or any portion of an annuity as a former spouse under a retirement system for Government employees,

  except that such term shall not include any such unremarried former spouse of a former employee whose marriage was dissolved after the former employee’s separation from the service (other than by retirement); and
• 5 U.S.C. § 8901(10)(A)

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  (A) who has not remarried before age 55 after the marriage to the employee, former employee, or annuitant was dissolved,
• 5 U.S.C. § 8901(10)(B)

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  (B) who was enrolled in an approved health benefits plan under this chapter as a family member at any time during the 18-month period before the date of the dissolution of the marriage to the employee, former employee, or annuitant, and
• 5 U.S.C. § 8901(10)(C)(i)

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  (i) who is receiving any portion of an annuity under section 8345(j) or 8467 of this title or a survivor annuity under section 8341(h) or 8445 of this title (or benefits similar to either of the aforementioned annuity benefits under a retirement system for Government employees other than the Civil Service Retirement System or the Federal Employees’ Retirement System),
• 5 U.S.C. § 8901(10)(C)(ii)

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  (ii) as to whom a court order or decree referred to in section 8341(h), 8345(j), 8445, or 8467 of this title (or similar provision of law under any such retirement system other than the Civil Service Retirement System or the Federal Employees’ Retirement System) has been issued, or for whom an election has been made under section 8339(j)(3) or 8417(b) of this title (or similar provision of law), or
• 5 U.S.C. § 8901(10)(C)(iii)

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  (iii) who is otherwise entitled to an annuity or any portion of an annuity as a former spouse under a retirement system for Government employees,
• 5 U.S.C. § 8902(e)

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  (e) The Office may prescribe reasonable minimum standards for health benefits plans described by section 8903 or 8903a of this title and for carriers offering the plans. Approval of a plan may be withdrawn only after notice and opportunity for hearing to the carrier concerned without regard to subchapter II of chapter 5 and chapter 7 of this title. The Office may terminate the contract of a carrier effective at the end of the contract term, if the Office finds that at no time during the preceding two contract terms did the carrier have 300 or more employees and annuitants, exclusive of family members, enrolled in the plan.
• 5 U.S.C. § 8902(g)

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  (g) A contract may not be made or a plan approved which does not offer to each employee, annuitant, family member, former spouse, or person having continued coverage under section 8905a of this title whose enrollment in the plan is ended, except by a cancellation of enrollment, a temporary extension of coverage during which he may exercise the option to convert, without evidence of good health, to a nongroup contract providing health benefits. An employee, annuitant, family member, former spouse, or person having continued coverage under section 8905a of this title who exercises this option shall pay the full periodic charges of the nongroup contract.
• 5 U.S.C. § 8902(j)

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  (j) Each contract under this chapter shall require the carrier to agree to pay for or provide a health service or supply in an individual case if the Office finds that the employee, annuitant, family member, former spouse, or person having continued coverage under section 8905a of this title is entitled thereto under the terms of the contract.
• 5 U.S.C. § 8902(k)(1)

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  (1) When a contract under this chapter requires payment or reimbursement for services which may be performed by a clinical psychologist, optometrist, nurse midwife, nursing school administered clinic, or nurse practitioner/clinical specialist, licensed or certified as such under Federal or State law, as applicable, or by a qualified clinical social worker as defined in section 8901(11), an employee, annuitant, family member, former spouse, or person having continued coverage under section 8905a of this title covered by the contract shall be free to select, and shall have direct access to, such a clinical psychologist, qualified clinical social worker, optometrist, nurse midwife, nursing school administered clinic, or nurse practitioner/nurse clinical specialist without supervision or referral by another health practitioner and shall be entitled under the contract to have payment or reimbursement made to him or on his behalf for the services performed.
• 5 U.S.C. § 8902(p)

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  (p) Each contract under this chapter shall require the carrier to comply with requirements described in the provisions of sections 2799A–1, 2799A–2, and 2799A–7 of the Public Health Service Act, sections 716, 717, and 722 of the Employee Retirement Income Security Act of 1974, and sections 9816, 9817, and 9822 of the Internal Revenue Code of 1986 (as applicable) in the same manner as such provisions apply to a group health plan or health insurance issuer offering group or individual health insurance coverage, as described in such sections. The provisions of sections 2799B–1, 2799B–2, 2799B–3, and 2799B–5 of the Public Health Service Act shall apply to a health care provider and facility and an air ambulance provider described in such respective sections with respect to an enrollee in a health benefits plan under this chapter in the same manner as such provisions apply to such a provider and facility with respect to an enrollee in a group health plan or group or individual health insurance coverage offered by a health insurance issuer, as described in such sections.
• 5 U.S.C. § 8902a(a)(1)(B)

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  (B) the term “individual covered under this chapter” or “covered individual” means an employee, annuitant, family member, or former spouse covered by a health benefits plan described by section 8903 or 8903a;
• 5 U.S.C. § 8902a(i)

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  (i) A civil action to recover civil monetary penalties or assessments under subsection (d) shall be brought by the Attorney General in the name of the United States, and may be brought in the United States district court for the district where the claim involved was presented or where the person subject to the penalty resides. Amounts recovered under this section shall be paid to the Office for deposit into the Employees Health Benefits Fund. The amount of a penalty or assessment as finally determined by the Office, or other amount the Office may agree to in compromise, may be deducted from any sum then or later owing by the United States to the party against whom the penalty or assessment has been levied.
• 5 U.S.C. § 8903(1)

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  (1) One Government-wide plan, which may be underwritten by participating affiliates licensed in any number of States, offering at least 2 levels of benefits for enrollees under this chapter generally and at least 2 levels of benefits for enrollees under the Postal Service Health Benefits Program established under section 8903c, under which payment is made by a carrier under contracts with physicians, hospitals, or other providers of health services for benefits of the types described by section 8904(1) of this title given to employees, annuitants, members of their families, former spouses, or persons having continued coverage under section 8905a of this title, or, under certain conditions, payment is made by a carrier to the employee, annuitant, family member, former spouse, or person having continued coverage under section 8905a of this title.
• 5 U.S.C. § 8903(4)(B)

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  (B) Individual-practice prepayment plans which offer health services in whole or substantial part on a prepaid basis, with professional services thereunder provided by individual physicians who agree, under certain conditions approved by the Office, to accept the payments provided by the plans as full payment for covered services given by them including, in addition to in-hospital services, general care given in their offices and the patients’ homes, out-of-hospital diagnostic procedures, and preventive care, and which plans are offered by organizations which have successfully operated similar plans before approval by the Office of the plan in which employees may enroll.
• 5 U.S.C. § 8903c(a)(9)

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  (9) the term “Postal Service employee” means an employee of the Postal Service enrolled in a health benefits plan under this chapter whose Government contribution is paid by the Postal Service;
• 5 U.S.C. § 8903c(a)(11)

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  (11) the term “Program” means the Postal Service Health Benefits Program established under subsection (c) within the Federal Employees Health Benefits Program;
• 5 U.S.C. § 8903c(a)(13)

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  (13) the definitions set forth in section 8901 shall apply, and for the purposes of applying such definitions in carrying out this section, a Postal Service employee and Postal Service annuitant shall be treated in the same manner as an employee and an annuitant (as those terms are defined in paragraphs (1) and (3), respectively, of section 8901), consistent with the requirements of this section.
• 5 U.S.C. § 8903c(c)(1)(A)

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  (A) The Office shall establish the Postal Service Health Benefits Program within the Federal Employees Health Benefits Program under this chapter, under which the Office may contract with carriers to offer health benefits plans as described under this section.
• 5 U.S.C. § 8903c(c)(1)(C)(i)(I)

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  (I) with respect to each plan provided by a carrier under this subchapter in which the total enrollment includes, in the contract year beginning in January 2023, 1,500 or more enrollees who are Postal Service employees or Postal Service annuitants, include a plan offered by that carrier with equivalent benefits and cost-sharing requirements as provided under paragraph (2), except that the Director of the Office may exempt any comprehensive medical plan from this requirement; and
• 5 U.S.C. § 8903c(c)(1)(C)(ii)

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  (ii) provide for enrollment in Program plans of Postal Service employees and Postal Service annuitants, in accordance with subsection (d);
• 5 U.S.C. § 8903c(c)(1)(C)(iv)

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  (iv) not provide for enrollment in a Program plan of an individual who is not a Postal Service employee or Postal Service annuitant (except as a member of family of such an employee or annuitant or as provided under paragraph (4)).
• 5 U.S.C. § 8903c(d)

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  (d) Each Postal Service employee and Postal Service annuitant who elects to receive health benefits coverage under this chapter—

  (1) shall be subject to the requirements of this section; and

  (2) may not enroll in any other health benefits plan offered under any other section of this chapter.
• 5 U.S.C. § 8903c(e)(3)(A)(ii)

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  (ii) The individual, as of January 1, 2025, is a Postal Service employee and is at least 64 years of age.
• 5 U.S.C. § 8903c(e)(4)

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  (4) The Postal Service and the Office, in consultation with the Social Security Administration and the Centers for Medicare & Medicaid Services, shall establish a process that will enable the Postal Service to timely inform Postal Service employees, Postal Service annuitants, and members of family of such employees and annuitants of the requirements described in paragraphs (1) and (2) in order to be eligible to enroll in Program plans under this section.
• 5 U.S.C. § 8903c(f)(2)(A)

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  (A) Subject to subparagraphs (B) and (C), in the case of an individual who is a Postal Service employee or Postal Service annuitant eligible to enroll in a Program plan under subsection (d), who is enrolled in a current plan, and who does not enroll in a Program plan during the open season that immediately precedes the initial contract year, the Office shall automatically enroll the individual, as of the start of the initial contract year, in a Program plan offered by the carrier of the individual’s current plan.
• 5 U.S.C. § 8903c(g)(3)(C)

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  (C) provisions under which a Postal Service employee or Postal Service annuitant enrolled under the Program may request a belated change of plan and may be prospectively enrolled in the plan of the employee’s or annuitant’s choice; and
• 5 U.S.C. § 8903c(i)(3)

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  (3) In determining such weighted average of the rates for the initial contract year, the Office shall take into account (for purposes of section 8906(a)(2)) the enrollment of Postal Service employees and annuitants in the health benefits plans offered by the initial participating carriers as of March 31, 2023.
• 5 U.S.C. § 8903c(l)(1)

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  (1) In this subsection, the term “navigator” means an employee of the Postal Service or of a contractor of the Postal Service who is designated by the Postal Service or contractor to carry out activities under paragraph (5).
• 5 U.S.C. § 8903c(l)(3)(A)

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  (A) notify Postal Service annuitants and Postal Service employees about the Postal Service Health Benefits Program established under subsection (c)(1);
• 5 U.S.C. § 8903c(l)(3)(B)

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  (B) provide information regarding the Postal Service Health Benefits Program and the requirements of this section to Postal Service annuitants and Postal Service employees, including—

  (i) a description of the health care options available under such Program;

  (ii) the enrollment provisions of subsection (d); and

  (iii) the requirement that Postal Service annuitants and their family members be enrolled in Medicare under subsection (e);
• 5 U.S.C. § 8903c(l)(3)(C)

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  (C) respond and provide answers to any inquiry from such employees and annuitants about the Postal Service Health Benefits Program, in consultation with the Office as necessary;
• 5 U.S.C. § 8903c(l)(5)(A)(i)

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  (i) Educational activities for annuitants and employees of the Postal Service to raise awareness of the availability of Program plans and requirements for enrolling in such plans, including requirements to be entitled to Medicare part A and enroll in Medicare part B.
• 5 U.S.C. § 8903c(l)(6)(B)(i)

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  (i) provisions for the notification of Postal Service annuitants and Postal Service employees about the Program, including a description of the available health benefits options, including a process for notifying Postal Service employees who become eligible for Medicare part B and Postal Service Medicare covered annuitants about their choices;
• 5 U.S.C. § 8903c(l)(6)(B)(ii)

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  (ii) provisions for notifying Postal Service annuitants, Postal Service employees, and their family members of the requirements under subsection (e) to enroll in Medicare as a condition of eligibility to enroll in the Program; and
• 5 U.S.C. § 8903c(l)(6)(B)(iii)

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  (iii) a process, developed in consultation with the Social Security Administration, the Centers for Medicare & Medicaid Services, and the Office, for addressing any inquiry from Postal Service annuitants and Postal Service employees about the Program or Medicare enrollment.
• 5 U.S.C. § 8905(a)

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  (a) An employee may enroll in an approved health benefits plan described in section 8903 or 8903a—

  (1) as an individual;

  (2) for self plus one; or

  (3) for self and family.
• 5 U.S.C. § 8905(b)(1)

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  (1) as an employee for a period of not less than—

  (A) the 5 years of service immediately before retirement;

  (B) the full period or periods of service between the last day of the first period, as prescribed by regulations of the Office of Personnel Management, in which he is eligible to enroll in the plan and the date on which he becomes an annuitant; or

  (C) the full period or periods of service beginning with the enrollment which became effective before January 1, 1965, and ending with the date on which he becomes an annuitant;

  whichever is shortest; or
• 5 U.S.C. § 8905(b)(2)

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  (2) as a member of the family of an employee or annuitant;
• 5 U.S.C. § 8905(c)(1)

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  (1) A former spouse may—

  (A) within 60 days after the dissolution of the marriage, or

  (B) in the case of a former spouse of a former employee whose marriage was dissolved after the employee’s retirement, within 60 days after the dissolution of the marriage or, if later, within 60 days after an election is made under section 8339(j)(3) or 8417(b) of this title for such former spouse by the retired employee,

  enroll in an approved health benefits plan described by section 8903 or 8903a of this title as an individual or for² for self plus one or self and family as provided in paragraph (2) of this subsection, subject to agreement to pay the full subscription charge of the enrollment, including the amounts determined by the Office to be necessary for administration and reserves pursuant to section 8909(b) of this title. The former spouse shall submit an enrollment application and make premium payments to the agency which, at the time of divorce or annulment, employed the employee to whom the former spouse was married or, in the case of a former spouse who is receiving annuity payments under section 8341(h), 8345(j), 8445, or 8467 of this title, to the Office of Personnel Management.
• 5 U.S.C. § 8905(c)(1)(B)

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  (B) in the case of a former spouse of a former employee whose marriage was dissolved after the employee’s retirement, within 60 days after the dissolution of the marriage or, if later, within 60 days after an election is made under section 8339(j)(3) or 8417(b) of this title for such former spouse by the retired employee,
• 5 U.S.C. § 8905(c)(2)(B)

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  (B) unmarried dependent natural or adopted children (or, in the case of self plus one coverage, not more than 1 such child) of the former spouse and the employee who are—

  (i) under 22 years of age; or

  (ii) incapable of self-support because of mental or physical disability which existed before age 22.
• 5 U.S.C. § 8905(e)

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  (e) If an employee, annuitant, or other individual eligible to enroll in a health benefits plan under this chapter has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self and family, or for a self plus one enrollment that covers the spouse, or each spouse may enroll as an individual or for a self plus one enrollment that does not cover the other spouse or a child who is covered under the enrollment of the other spouse. However, an individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family.
• 5 U.S.C. § 8905(f)

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  (f) An employee, annuitant, former spouse, or person having continued coverage under section 8905a of this title enrolled in a health benefits plan under this chapter may change his coverage or that of himself and members of his family by an application filed within 60 days after a change in family status or at other times and under conditions prescribed by regulations of the Office.
• 5 U.S.C. § 8905(g)(1)

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  (1) Under regulations prescribed by the Office, the Office shall, before the start of any contract term in which—

  (A) an adjustment is made in any of the rates charged or benefits provided under a health benefits plan described by section 8903 or 8903a of this title,

  (B) a newly approved health benefits plan is offered, or

  (C) an existing plan is terminated,

  provide a period of not less than 3 weeks during which any employee, annuitant, former spouse, or person having continued coverage under section 8905a of this title enrolled in a health benefits plan described by such section shall be permitted to transfer that individual’s enrollment to another such plan or to cancel such enrollment.
• 5 U.S.C. § 8905(g)(2)

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  (2) In addition to any opportunity afforded under paragraph (1) of this subsection, an employee, annuitant, former spouse, or person having continued coverage under section 8905a of this title enrolled in a health benefits plan under this chapter shall be permitted to transfer that individual’s enrollment to another such plan, or to cancel such enrollment, at such other times and subject to such conditions as the Office may prescribe in regulations.
• 5 U.S.C. § 8905(g)(3)(A)

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  (A) In addition to any informational requirements otherwise applicable under this chapter, the regulations shall include provisions to ensure that each employee eligible to enroll in a health benefits plan under this chapter (whether actually enrolled or not) is notified in writing as to the rights afforded under section 8905a of this title.
• 5 U.S.C. § 8905(g)(3)(B)

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  (B) Notification under this paragraph shall be provided by employing agencies at an appropriate point in time before each period under paragraph (1) so that employees may be aware of their rights under section 8905a of this title when making enrollment decisions during such period.
• 5 U.S.C. § 8905(h)(1)

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  (1) An unenrolled employee who is required by a court or administrative order to provide health insurance coverage for 1 or more children who meets the requirements of section 8901(5) may enroll for self plus one or self and family coverage, as necessary to provide health insurance coverage for each child who is covered under the order, in a health benefits plan under this chapter. If such employee fails to enroll for self plus one or self and family coverage, as necessary to provide health insurance coverage for each child who is covered under the order, in a health benefits plan that provides full benefits and services in the location in which the child or children reside, and the employee does not provide documentation showing that such coverage has been provided through other health insurance, the employing agency shall enroll the employee in a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in the option which provides the lower level of coverage under the Service Benefit Plan.
• 5 U.S.C. § 8905(h)(2)

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  (2) An employee who is enrolled as an individual in a health benefits plan under this chapter and who is required by a court or administrative order to provide health insurance coverage for 1 or more children who meets the requirements of section 8901(5) may change to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in the same or another health benefits plan under this chapter. If such employee fails to change to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, and the employee does not provide documentation showing that such coverage has been provided through other health insurance, the employing agency shall change the enrollment of the employee to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in the plan in which the employee is enrolled if that plan provides full benefits and services in the location where the child or children reside. If the plan in which the employee is enrolled does not provide full benefits and services in the location in which the child or children reside, or, if the employee fails to change to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in a plan that provides full benefits and services in the location where the child or children reside, the employing agency shall change the coverage of the employee to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in the option which provides the lower level of coverage under the Service Benefits Plan.
• 5 U.S.C. § 8905(h)(3)

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  (3) The employee may not discontinue the self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in a plan that provides full benefits and services in the location in which the child or children reside for so long as the court or administrative order remains in effect and the child or children continue to meet the requirements of section 8901(5), unless the employee provides documentation showing that such coverage has been provided through other health insurance.
• 5 U.S.C. § 8905(i)

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  (i) Any services by an officer or employee under this chapter relating to enrolling individuals in a health benefits plan under this chapter, or changing the enrollment of an individual already so enrolled, shall be deemed, for purposes of section 1342 of title 31, services for emergencies involving the safety of human life or the protection of property.
• 5 U.S.C. § 8905a(b)(1)

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  (1) any employee who—

  (A) is separated from service, whether voluntarily or involuntarily, except that if the separation is involuntary, this section shall not apply if the separation is for gross misconduct (as defined under regulations which the Office of Personnel Management shall prescribe); and

  (B) would not otherwise be eligible for any benefits under this chapter (determined without regard to any temporary extension of coverage and without regard to any benefits available under a nongroup contract);
• 5 U.S.C. § 8905a(b)(2)(B)

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  (B) on the day before so ceasing to meet the requirements referred to in subparagraph (A), was covered under a health benefits plan under this chapter as a member of the family of an employee or annuitant; and
• 5 U.S.C. § 8905a(b)(3)

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  (3) any employee who—

  (A) is enrolled in a health benefits plan under this chapter;

  (B) is a member of a reserve component of the armed forces;

  (C) is called or ordered to active duty in support of a contingency operation (as defined in section 101(a)(13) of title 10);

  (D) is placed on leave without pay or separated from service to perform active duty; and

  (E) serves on active duty for a period of more than 30 consecutive days.
• 5 U.S.C. § 8905a(c)(1)(A)

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  (A) with respect to an employee who becomes (or will become) eligible for continued coverage under this section as a result of separation from service, the separating agency shall, before the end of the 30-day period beginning on the date as of which coverage (including any temporary extensions of coverage) would otherwise end, notify the individual of such individual’s rights under this section; and
• 5 U.S.C. § 8905a(c)(1)(B)

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  (B) with respect to a child of an employee or annuitant who becomes eligible for continued coverage under this section as a result of ceasing to meet the requirements for being considered a member of the employee’s or annuitant’s family—

  (i) the employee or annuitant may provide written notice of the child’s change in status (complete with the child’s name, address, and such other information as the Office may by regulation require)—

  (I) to the employee’s employing agency; or

  (II) in the case of an annuitant, to the Office; and

  (ii) if the notice referred to in clause (i) is received within 60 days after the date as of which the child involved first ceases to meet the requirements involved, the employing agency or the Office (as the case may be) must, within 14 days after receiving such notice, notify the child of such child’s rights under this section.
• 5 U.S.C. § 8905a(c)(1)(B)(i)

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  (i) the employee or annuitant may provide written notice of the child’s change in status (complete with the child’s name, address, and such other information as the Office may by regulation require)—

  (I) to the employee’s employing agency; or

  (II) in the case of an annuitant, to the Office; and
• 5 U.S.C. § 8905a(c)(1)(B)(i)(I)

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  (I) to the employee’s employing agency; or
• 5 U.S.C. § 8905a(d)(1)(A)

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  (A) Except as provided in paragraphs (4), (5), and (6), an individual receiving continued coverage under this section shall be required to pay currently into the Employees Health Benefits Fund, under arrangements satisfactory to the Office, an amount equal to the sum of—

  (i) the employee and agency contributions which would be required in the case of an employee enrolled in the same health benefits plan and level of benefits; and

  (ii) an amount, determined under regulations prescribed by the Office, necessary for administrative expenses, but not to exceed 2 percent of the total amount under clause (i).
• 5 U.S.C. § 8905a(d)(1)(A)(i)

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  (i) the employee and agency contributions which would be required in the case of an employee enrolled in the same health benefits plan and level of benefits; and
• 5 U.S.C. § 8905a(d)(1)(B)(ii)(II)

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  (II) if, at the time referred to in subclause (I), the individual was covered as the child of an employee, the employee’s employing agency as of such time.
• 5 U.S.C. § 8905a(d)(3)(B)

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  (B) For the purpose of this paragraph, members of an individual’s family shall be determined in the same way as would apply under this chapter in the case of an enrolled employee.
• 5 U.S.C. § 8905a(d)(4)(A)(i)

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  (i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and
• 5 U.S.C. § 8905a(d)(5)(A)(i)

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  (i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and
• 5 U.S.C. § 8905a(d)(6)(A)(i)

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  (i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and
• 5 U.S.C. § 8905a(d)(6)(C)(ii)

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  (ii) encumbered by an employee who has received official certification from the National Aeronautics and Space Administration consistent with the Administration’s career transition assistance program regulations that the position is being abolished as a result of the termination of the Space Shuttle Program.
• 5 U.S.C. § 8905a(e)(1)(C)

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  (C) in the case of an employee described in subsection (b)(3), the date which is 24 months after the employee is placed on leave without pay or separated from service to perform active duty.
• 5 U.S.C. § 8905a(e)(2)(B)

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  (B) as of the day before so ceasing to meet the requirements referred to in subparagraph (A), was covered as the child of a former employee receiving continued coverage under this section based on the former employee’s separation from service; and
• 5 U.S.C. § 8905a(e)(2)(C)

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  (C) so ceases to meet the requirements referred to in subparagraph (A) before the end of the 18-month period beginning on the date of the former employee’s separation from service,
• 5 U.S.C. § 8905a(f)(2)(B)

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  (B) terms and conditions identical to those under subsection (d), except that contributions to the Employees Health Benefits Fund shall be made through such agency as the Office by regulation prescribes;
• 5 U.S.C. § 8906(b)(1)

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  (1) Except as provided in paragraphs (2), (3), and (4), the biweekly Government contribution for health benefits for an employee or annuitant enrolled in a health benefits plan under this chapter is adjusted to an amount equal to 72 percent of the weighted average under subsection (a)(1)(A) or (B), as applicable. For an employee, the adjustment begins on the first day of the employee’s first pay period of each year. For an annuitant, the adjustment begins on the first day of the first period of each year for which an annuity payment is made.
• 5 U.S.C. § 8906(b)(2)

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  (2) The biweekly Government contribution for an employee or annuitant enrolled in a plan under this chapter shall not exceed 75 percent of the subscription charge.
• 5 U.S.C. § 8906(b)(3)

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  (3) In the case of an employee who is occupying a position on a part-time career employment basis (as defined in section 3401(2) of this title), the biweekly Government contribution shall be equal to the percentage which bears the same ratio to the percentage determined under this subsection (without regard to this paragraph) as the average number of hours of such employee’s regularly scheduled workweek bears to the average number of hours in the regularly scheduled workweek of an employee serving in a comparable position on a full-time career basis (as determined under regulations prescribed by the Office).
• 5 U.S.C. § 8906(c)

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  (c) There shall be withheld from the pay of each enrolled employee and (except as provided in subsection (i) of this section) the annuity of each enrolled annuitant and there shall be contributed by the Government, amounts, in the same ratio as the contributions of the employee or annuitant and the Government under subsection (b) of this section, which are necessary for the administrative costs and the reserves provided for by section 8909(b) of this title.
• 5 U.S.C. § 8906(d)

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  (d) The amount necessary to pay the total charge for enrollment, after the Government contribution is deducted, shall be withheld from the pay of each enrolled employee and (except as provided in subsection (i) of this section) from the annuity of each enrolled annuitant. The withholding for an annuitant shall be the same as that for an employee enrolled in the same health benefits plan and level of benefits.
• 5 U.S.C. § 8906(e)(1)(A)

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  (A) An employee enrolled in a health benefits plan under this chapter who is placed in a leave without pay status may have his coverage and the coverage of members of his family continued under the plan for not to exceed 1 year under regulations prescribed by the Office.
• 5 U.S.C. § 8906(e)(1)(B)(i)

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  (i) employee and Government contributions required by this section shall be paid on a current basis; and
• 5 U.S.C. § 8906(e)(1)(B)(ii)

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  (ii) if necessary, the head of the employing agency shall approve advance payment, recoverable in the same manner as under section 5524a(c), of a portion of basic pay sufficient to pay current employee contributions.
• 5 U.S.C. § 8906(e)(1)(C)

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  (C) Each agency shall establish procedures for accepting direct payments of employee contributions for the purposes of this paragraph.
• 5 U.S.C. § 8906(e)(2)

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  (2) An employee who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of employees as defined by section 8901 of this title, within 60 days after entering on that leave without pay, may file with his employing agency an election to continue his health benefits enrollment and arrange to pay currently into the Employees Health Benefits Fund, through his employing agency, both employee and agency contributions from the beginning of leave without pay. The employing agency shall forward the enrollment charges so paid to the Fund. If the employee does not so elect, his enrollment will continue during nonpay status and end as provided by paragraph (1) of this subsection and implementing regulations.
• 5 U.S.C. § 8906(e)(3)(A)

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  (A) An employing agency may pay both the employee and Government contributions, and any additional administrative expenses otherwise chargeable to the employee, with respect to health care coverage for an employee described in subparagraph (B) and the family of such employee.
• 5 U.S.C. § 8906(e)(3)(B)

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  (B) An employee referred to in subparagraph (A) is an employee who—

  (i) is enrolled in a health benefits plan under this chapter;

  (ii) is a member of a reserve component of the armed forces;

  (iii) is called or ordered to active duty in support of a contingency operation (as defined in section 101(a)(13) of title 10);

  (iv) is placed on leave without pay or separated from service to perform active duty; and

  (v) serves on active duty for a period of more than 30 consecutive days.
• 5 U.S.C. § 8906(f)

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  (f) The Government contribution, and any additional payments under subsection (e)(3)(A), for health benefits for an employee shall be paid—

  (1) in the case of employees generally, from the appropriation or fund which is used to pay the employee;

  (2) in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establishment;

  (3) in the case of an employee of the legislative branch who is paid by the Chief Administrative Officer of the House of Representatives, from the applicable accounts of the House of Representatives; and

  (4) in the case of an employee in a leave without pay status, from the appropriation or fund which would be used to pay the employee if he were in a pay status.
• 5 U.S.C. § 8906(f)(1)

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  (1) in the case of employees generally, from the appropriation or fund which is used to pay the employee;
• 5 U.S.C. § 8906(f)(3)

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  (3) in the case of an employee of the legislative branch who is paid by the Chief Administrative Officer of the House of Representatives, from the applicable accounts of the House of Representatives; and
• 5 U.S.C. § 8906(f)(4)

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  (4) in the case of an employee in a leave without pay status, from the appropriation or fund which would be used to pay the employee if he were in a pay status.
• 5 U.S.C. § 8906(g)(2)(B)

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  (B) In determining any amount for which the Postal Service is liable under this paragraph, the amount of the liability shall be prorated to reflect only that portion of total service which is attributable to civilian service performed (by the former postal employee or by the deceased individual referred to in subparagraph (A), as the case may be) after June 30, 1971, as estimated by the Office of Personnel Management.
• 5 U.S.C. § 8906(h)

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  (h) The Office shall provide for conversion of biweekly rates of contribution specified by this section to rates for employees and annuitants paid on other than a biweekly basis, and for this purpose may provide for the adjustment of the converted rate to the nearest cent.
• 5 U.S.C. § 8906(i)

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  (i) An annuitant whose annuity is insufficient to cover the withholdings required for enrollment in a particular health benefits plan may enroll (or remain enrolled) in such plan, notwithstanding any other provision of this section, if the annuitant elects, under conditions prescribed by regulations of the Office, to pay currently into the Employees Health Benefits Fund, through the retirement system that administers the annuitant’s health benefits enrollment, an amount equal to the withholdings that would otherwise be required under this section.
• 5 U.S.C. § 8906a(a)(1)

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  (1) The Office of Personnel Management shall prescribe regulations to provide for offering health benefits plans to temporary employees (who meet the requirements of paragraph (2)) under the provisions of this chapter.
• 5 U.S.C. § 8906a(a)(2)

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  (2) To be eligible to participate in a health benefits plan offered under this section a temporary employee shall have completed 1 year of current continuous employment, excluding any break in service of 5 days or less.
• 5 U.S.C. § 8906a(b)(1)

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  (1) any temporary employee enrolled in a health benefits plan under this section shall have an amount withheld from the pay of such employee, as determined by the Office of Personnel Management, equal to—

  (A) the amount withheld from the pay of an employee under the provisions of section 8906; and

  (B) the amount of the Government contribution for an employee under section 8906; and
• 5 U.S.C. § 8906a(b)(1)(A)

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  (A) the amount withheld from the pay of an employee under the provisions of section 8906; and
• 5 U.S.C. § 8906a(b)(1)(B)

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  (B) the amount of the Government contribution for an employee under section 8906; and
• 5 U.S.C. § 8906a(b)(2)

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  (2) the employing agency of any such temporary employee shall not pay the Government contribution under the provisions of section 8906.
• 5 U.S.C. § 8908(a)

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  (a) An employee enrolled in a health benefits plan under this chapter who is removed or suspended without pay and later reinstated or restored to duty on the ground that the removal or suspension was unjustified or unwarranted may, at his option, enroll as a new employee or have his coverage restored, with appropriate adjustments made in contributions and claims, to the same extent and effect as though the removal or suspension had not taken place.
• 5 U.S.C. § 8909(a)

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  (a) There is in the Treasury of the United States an Employees Health Benefits Fund which is administered by the Office of Personnel Management. The contributions of enrollees and the Government described by section 8906 of this title shall be paid into the Fund. The Fund is available—

  (1) without fiscal year limitation for all payments to approved health benefits plans; and

  (2) to pay expenses for administering this chapter within the limitations that may be specified annually by Congress, except that the amounts required to be set aside under subsection (b)(2) shall not be subject to the limitations that may be specified annually by Congress.

  Payments from the Fund to a plan participating in a letter-of-credit arrangement under this chapter shall, in connection with any payment or reimbursement to be made by such plan for a health service or supply, be made, to the maximum extent practicable, on a checks-presented basis (as defined under regulations of the Department of the Treasury).
• 5 U.S.C. § 8909(d)

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  (d) When the assets, liabilities, and membership of employee organizations sponsoring or underwriting plans approved under section 8903(3) or 8903a of this title are merged, the assets (including contingency reserves) and liabilities of the plans sponsored or underwritten by the merged organizations shall be transferred at the beginning of the contract term next following the date of the merger to the plan sponsored or underwritten by the successor organization. Each employee, annuitant, former spouse, or person having continued coverage under section 8905a of this title affected by a merger shall be transferred to the plan sponsored or underwritten by the successor organization unless he enrolls in another plan under this chapter. If the successor organization is an organization described in section 8901(8)(B) of this title, any employee, annuitant, former spouse, or person having continued coverage under section 8905a of this title so transferred may not remain enrolled in the plan after the end of the contract term in which the merger occurs unless that individual is a full member of such organization (as determined under section 8903a(d) of this title).
• 5 U.S.C. § 8909a(e)(1)(B)

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  (B) current employees of the United States Postal Service who would, as of September 30 of that year—

  (i) be eligible to become annuitants pursuant to section 8901(3)(A)(i) or (ii); and

  (ii) if they were retired as of that date, meet the criteria for coverage of annuitants under section 8905(b);
• 5 U.S.C. § 8910(a)

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  (a) The Office of Personnel Management shall make a continuing study of the operation and administration of this chapter, including surveys and reports on health benefits plans available to employees and on the experience of the plans.
• 5 U.S.C. § 8911

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  The Director of the Office of Personnel Management shall appoint a committee composed of five members, who serve without pay, to advise the Office regarding matters of concern to employees under this chapter. Each member of the committee shall be an employee enrolled under this chapter or an elected official of an employee organization.
• 5 U.S.C. § 8913(b)

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  (b) The regulations of the Office may prescribe the time at which and the manner and conditions under which an employee is eligible to enroll in an approved health benefits plan described by section 8903 or 8903a of this title. The regulations may exclude an employee on the basis of the nature and type of his employment or conditions pertaining to it, such as short-term appointment, seasonal or intermittent employment, and employment of like nature. The Office may not exclude—

  (1) an employee or group of employees solely on the basis of the hazardous nature of employment;

  (2) a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by section 1501 of title 31, District of Columbia Code, on the basis of the fact that the teacher is serving under a temporary appointment if the teacher has been so employed by the Board for a period or periods totaling not less than two school years;

  (3) an employee who is occupying a position on a part-time career employment basis (as defined in section 3401(2) of this title); or

  (4) an employee who is employed on a temporary basis and is eligible under section 8906a(a).
• 5 U.S.C. § 8913(b)(1)

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  (1) an employee or group of employees solely on the basis of the hazardous nature of employment;
• 5 U.S.C. § 8913(b)(3)

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  (3) an employee who is occupying a position on a part-time career employment basis (as defined in section 3401(2) of this title); or
• 5 U.S.C. § 8913(b)(4)

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  (4) an employee who is employed on a temporary basis and is eligible under section 8906a(a).
• 5 U.S.C. § 8913(c)

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  (c) The regulations of the Office shall provide for the beginning and ending dates of coverage of employees, annuitants, members of their families, and former spouses under health benefits plans. The regulations may permit the coverage to continue, exclusive of the temporary extension of coverage described by section 8902(g) of this title, until the end of the pay period in which an employee is separated from the service, or until the end of the month in which an annuitant or former spouse ceases to be entitled to annuity, and in case of the death of an employee or annuitant, may permit a temporary extension of the coverage of members of his family for not to exceed 90 days.
• 5 U.S.C. § 8951(1)

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  (1) The term “employee” means an employee defined under section 8901(1) and an employee of the District of Columbia courts.
• 5 U.S.C. § 8951(6)

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  (6) The term “employee organization” means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under chapter 89.
• 5 U.S.C. § 8956(a)

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  (a) An eligible individual may enroll in a dental benefits plan for self-only, self plus one, or for self and family. If an eligible individual has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self plus one or self and family. An individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family.
• 5 U.S.C. § 8956(d)

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  (d) Coverage under a dental benefits plan under this chapter for any employee or a covered TRICARE-eligible individual enrolled in such a plan and who, as a result of a lapse in appropriations, is furloughed or excepted from furlough and working without pay shall continue during such lapse and may not be cancelled as a result of nonpayment of premiums or other periodic charges due to such lapse.
• 5 U.S.C. § 8958(c)(1)

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  (1) in the case of an employee, be withheld from the pay of such an employee;
• 5 U.S.C. § 8958(f)(1)

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  (1) The Employee Health Benefits Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office in administering this chapter before the first day of the first contract period, including reasonable implementation costs.
• 5 U.S.C. § 8958(f)(2)(A)

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  (A) There is established in the Employees Health Benefits Fund a Dental Benefits Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first contract year.
• 5 U.S.C. § 8962(a)

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  (a) The Office shall prescribe regulations to carry out this chapter. The regulations may exclude an employee on the basis of the nature and type of employment or conditions pertaining to it.
• 5 U.S.C. § 8981(1)

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  (1) The term “employee” means an employee defined under section 8901(1) and an employee of the District of Columbia courts.
• 5 U.S.C. § 8981(6)

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  (6) The term “employee organization” means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under chapter 89.
• 5 U.S.C. § 8986(a)

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  (a) An eligible individual may enroll in a vision benefits plan for self-only, self plus one, or for self and family. If an eligible individual has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self plus one or self and family. An individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family.
• 5 U.S.C. § 8986(d)

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  (d) Coverage under a vision benefits plan under this chapter for any employee or a covered TRICARE-eligible individual enrolled in such a plan and who, as a result of a lapse in appropriations, is furloughed or excepted from furlough and working without pay shall continue during such lapse and may not be cancelled as a result of nonpayment of premiums or other periodic charges due to such lapse.
• 5 U.S.C. § 8988(c)(1)

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  (1) in the case of an employee, be withheld from the pay of such an employee;
• 5 U.S.C. § 8988(f)(1)

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  (1) The Employee Health Benefits Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office in administering this chapter before the first day of the first contract period, including reasonable implementation costs.
• 5 U.S.C. § 8988(f)(2)(A)

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  (A) There is established in the Employees Health Benefits Fund a Vision Benefits Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first contract year.
• 5 U.S.C. § 8992(a)

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  (a) The Office shall prescribe regulations to carry out this chapter. The regulations may exclude an employee on the basis of the nature and type of employment or conditions pertaining to it.
• 5 U.S.C. § 9001(1)

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  (1) The term “employee” means—

  (A) an employee as defined by section 8901(1);

  (B) an individual described in section 2105(e);

  (C) an individual employed by the Tennessee Valley Authority;

  (D) an employee of a nonappropriated fund instrumentality of the Department of Defense described in section 2105(c); and

  (E) an employee of the District of Columbia courts.
• 5 U.S.C. § 9001(1)(A)

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  (A) an employee as defined by section 8901(1);
• 5 U.S.C. § 9001(1)(D)

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  (D) an employee of a nonappropriated fund instrumentality of the Department of Defense described in section 2105(c); and
• 5 U.S.C. § 9001(1)(E)

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  (E) an employee of the District of Columbia courts.
• 5 U.S.C. § 9001(2)(A)

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  (A) any individual who would satisfy the requirements of paragraph (3) of section 8901 if, for purposes of such paragraph, the term “employee” were considered to have the meaning given to it under paragraph (1);
• 5 U.S.C. § 9001(2)(B)(i)

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  (i) satisfies all requirements for title to an annuity under subchapter III of chapter 83, chapter 84, or any other retirement system for employees of the Government (whether based on the service of such individual or otherwise), and files application therefor;
• 5 U.S.C. § 9001(2)(C)

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  (C) any former employee who, on the basis of his or her service, would meet all requirements for being considered an “annuitant” within the meaning of subchapter III of chapter 83, chapter 84, or any other retirement system for employees of the Government, but for the fact that such former employee has not attained the minimum age for title to annuity.
• 5 U.S.C. § 9003(e)

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  (e) Coverage under a master contract under this chapter for long-term care insurance for an employee or member of the uniformed services enrolled under such contract and who, due to a lapse in appropriations, is furloughed or excepted from furlough and working without pay shall continue during such lapse and may not be cancelled as a result of nonpayment of premiums or other periodic charges due to such lapse.
• 5 U.S.C. § 9004(b)(1)(A)

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  (A) in the case of an employee, be withheld from the pay of such employee;
• 5 U.S.C. § 9004(f)(1)(A)

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  (A) The Employees’ Life Insurance Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office of Personnel Management in administering this chapter before the start of the 7-year period described in section 9003(d)(2)(B), including reasonable implementation costs.
• 5 U.S.C. § 9004(f)(2)(A)

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  (A) There is hereby established in the Employees’ Life Insurance Fund a Long-Term Care Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the 7-year period described in section 9003(d)(2)(B).
• 5 U.S.C. § 9101(b)(1)(B)

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  (B) conducting a basic suitability or fitness assessment for Federal or contractor employees, using Federal Investigative Standards jointly promulgated by the Security Executive Agent and the Suitability Executive Agent in accordance with—

  (i) Executive Order 13467 (73 Fed. Reg. 38103), or any successor thereto; and

  (ii) the Office of Management and Budget Memorandum “Assignment of Functions Relating to Coverage of Contractor Employee Fitness in the Federal Investigative Standards”, dated December 6, 2012;
• 5 U.S.C. § 9101(b)(1)(B)(ii)

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  (ii) the Office of Management and Budget Memorandum “Assignment of Functions Relating to Coverage of Contractor Employee Fitness in the Federal Investigative Standards”, dated December 6, 2012;
• 5 U.S.C. § 9101(f)

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  (f) The authority provided under this section with respect to the Department of State may be exercised only so long as the Department of State continues to extend to its employees and applicants for employment, at a minimum, those procedural safeguards provided for as part of the security clearance process that were made available, as of May 1, 1987, pursuant to section 163.4 of volume 3 of the Foreign Affairs Manual.
• 5 U.S.C. § 9201(2)

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  (2) the term “appointing authority” means an employee in the executive branch of the Government of the United States that has authority to make appointments to positions in the civil service;
• 5 U.S.C. § 9202(a)

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  (a) Except as provided in subsections (b) and (c), an employee of an agency may not request, in oral or written form (including through the Declaration for Federal Employment (Office of Personnel Management Optional Form 306) or any similar successor form, the USAJOBS internet website, or any other electronic means) that an applicant for an appointment to a position in the civil service disclose criminal history record information regarding the applicant before the appointing authority extends a conditional offer to the applicant.
• 5 U.S.C. § 9203(1)

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  (1) develop, implement, and publish a policy to assist employees of agencies in complying with section 9202 and the regulations issued pursuant to such section; and
• 5 U.S.C. § 9203(2)

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  (2) establish and publish procedures under which an applicant for an appointment to a position in the civil service may submit a complaint, or any other information, relating to compliance by an employee of an agency with section 9202.
• 5 U.S.C. § 9204(a)

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  (a) If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee of an agency has violated section 9202, the Director shall—

  (1) issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations; and

  (2) file such warning in the employee’s official personnel record file.
• 5 U.S.C. § 9204(a)(1)

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  (1) issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations; and
• 5 U.S.C. § 9204(a)(2)

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  (2) file such warning in the employee’s official personnel record file.
• 5 U.S.C. § 9204(b)

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  (b) If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee that was subject to subsection (a) has committed a subsequent violation of section 9202, the Director may take the following action:

  (1) For a second violation, suspension of the employee for a period of not more than 7 days.

  (2) For a third violation, suspension of the employee for a period of more than 7 days.

  (3) For a fourth violation—

  (A) suspension of the employee for a period of more than 7 days; and

  (B) a civil penalty against the employee in an amount that is not more than $250.

  (4) For a fifth violation—

  (A) suspension of the employee for a period of more than 7 days; and

  (B) a civil penalty against the employee in an amount that is not more than $500.

  (5) For any subsequent violation—

  (A) suspension of the employee for a period of more than 7 days; and

  (B) a civil penalty against the employee in an amount that is not more than $1,000.
• 5 U.S.C. § 9204(b)(1)

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  (1) For a second violation, suspension of the employee for a period of not more than 7 days.
• 5 U.S.C. § 9204(b)(2)

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  (2) For a third violation, suspension of the employee for a period of more than 7 days.
• 5 U.S.C. § 9204(b)(3)(A)

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  (A) suspension of the employee for a period of more than 7 days; and
• 5 U.S.C. § 9204(b)(3)(B)

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  (B) a civil penalty against the employee in an amount that is not more than $250.
• 5 U.S.C. § 9204(b)(4)(A)

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  (A) suspension of the employee for a period of more than 7 days; and
• 5 U.S.C. § 9204(b)(4)(B)

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  (B) a civil penalty against the employee in an amount that is not more than $500.
• 5 U.S.C. § 9204(b)(5)(A)

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  (A) suspension of the employee for a period of more than 7 days; and
• 5 U.S.C. § 9204(b)(5)(B)

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  (B) a civil penalty against the employee in an amount that is not more than $1,000.
• 5 U.S.C. § 9206(1)

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  (1) authorize any officer or employee of an agency to request the disclosure of information described under subparagraphs (B) and (C) of section 9201(4); or
• 5 U.S.C. § 9501(c)

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  (c) Employees within a unit to which a labor organization is accorded exclusive recognition under chapter 71 shall not be subject to any flexibility provided by sections 9507 through 9510 of this chapter unless the exclusive representative and the Internal Revenue Service have entered into a written agreement which specifically provides for the exercise of that flexibility. Such written agreement may be imposed by the Federal Services Impasses Panel under section 7119.
• 5 U.S.C. § 9502(b)

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  (b) Notwithstanding section 5307, no allowance, differential, bonus, award, or similar cash payment may be paid to any employee receiving critical pay at a rate fixed under subsection (a), in any calendar year if, or to the extent that, the employee’s total annual compensation will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3.
• 5 U.S.C. § 9503(a)(6)

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  (6) appointees to such positions were not Internal Revenue Service employees prior to June 1, 1998;
• 5 U.S.C. § 9503(b)

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  (b) Individuals appointed under this section shall not be considered to be employees for purposes of subchapter II of chapter 75.
• 5 U.S.C. § 9504(b)

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  (b) Before September 30, 2013, the Secretary of the Treasury may pay from appropriations made to the Internal Revenue Service allowable relocation expenses under section 5724a for employees transferred or reemployed and allowable travel and transportation expenses under section 5723 for new appointees, for any new appointee appointed to a position for which pay is fixed under section 9502 or 9503 after June 1, 1998.
• 5 U.S.C. § 9507(b)(1)

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  (1) section 4703(b)(1) shall be deemed to read as follows:
• 5 U.S.C. § 9508(a)(1)(A)

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  (A) establishing one or more retention standards for each employee related to the work of the employee and expressed in terms of individual performance, and communicating such retention standards to employees;
• 5 U.S.C. § 9508(a)(1)(B)

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  (B) making periodic determinations of whether each employee meets or does not meet the employee’s established retention standards; and
• 5 U.S.C. § 9508(a)(1)(C)

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  (C) taking actions, in accordance with applicable laws and regulations, with respect to any employee whose performance does not meet established retention standards, including denying any increases in basic pay, promotions, and credit for performance under section 3502, and taking one or more of the following actions:

  (i) Reassignment.

  (ii) An action under chapter 43 or chapter 75 of this title.

  (iii) Any other appropriate action to resolve the performance problem; and
• 5 U.S.C. § 9508(a)(2)(A)

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  (A) establishing goals or objectives for individual, group, or organizational performance (or any combination thereof), consistent with the Internal Revenue Service’s performance planning procedures, including those established under the Government Performance and Results Act of 1993, subtitle III of title 40, Revenue Procedure 64–22 (as in effect on July 30, 1997), and taxpayer service surveys, and communicating such goals or objectives to employees;
• 5 U.S.C. § 9508(a)(2)(B)

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  (B) using such goals and objectives to make performance distinctions among employees or groups of employees; and
• 5 U.S.C. § 9508(a)(2)(C)

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  (C) using performance assessments as a basis for granting employee awards, adjusting an employee’s rate of basic pay, and other appropriate personnel actions, in accordance with applicable laws and regulations.
• 5 U.S.C. § 9508(b)(2)

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  (2) For purposes of this title, the term “unacceptable performance” with respect to an employee of the Internal Revenue Service covered by a performance management system established under this section means performance of the employee which fails to meet a retention standard established under this section.
• 5 U.S.C. § 9508(c)(1)

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  (1) The Secretary of the Treasury may establish an awards program designed to provide incentives for and recognition of organizational, group, and individual achievements by providing for granting awards to employees who, as individuals or members of a group, contribute to meeting the performance goals and objectives established under this chapter by such means as a superior individual or group accomplishment, a documented productivity gain, or sustained superior performance.
• 5 U.S.C. § 9508(c)(2)

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  (2) A cash award under subchapter I of chapter 45 may be granted to an employee of the Internal Revenue Service without the need for any approval under section 4502(b).
• 5 U.S.C. § 9508(d)(1)

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  (1) In applying sections 4303(b)(1)(A) and 7513(b)(1) to employees of the Internal Revenue Service, “30 days” may be deemed to be “15 days”.
• 5 U.S.C. § 9508(d)(2)

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  (2) Notwithstanding the second sentence of section 5335(c), an employee of the Internal Revenue Service shall not have a right to appeal the denial of a periodic step increase under section 5335 to the Merit Systems Protection Board.
• 5 U.S.C. § 9509(b)(3)

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  (3) Except as otherwise provided under this section, employees under a broad-banded system shall continue to be subject to the laws and regulations covering employees under the pay system that otherwise would apply to such employees.
• 5 U.S.C. § 9509(b)(4)(D)

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  (D) establish requirements for adjusting the pay of an employee within a pay band;
• 5 U.S.C. § 9509(b)(4)(E)

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  (E) establish requirements for setting the pay of a supervisory employee whose position is in a pay band or who supervises employees whose positions are in pay bands; and
• 5 U.S.C. § 9509(b)(4)(F)

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  (F) establish requirements and methodologies for setting the pay of an employee upon conversion to a broad-banded system, initial appointment, change of position or type of appointment (including promotion, demotion, transfer, reassignment, reinstatement, placement in another pay band, or movement to a different geographic location), and movement between a broad-banded system and another pay system.
• 5 U.S.C. § 9509(c)

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  (c) With the approval of the Office of Personnel Management and in accordance with a plan for implementation submitted by the Secretary of the Treasury, the Secretary may, with respect to Internal Revenue Service employees who are covered by a broad-banded system established under this section, provide for variations from the provisions of subchapter VI of chapter 53.
• 5 U.S.C. § 9510(a)(1)

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  (1) Except as otherwise provided by this section, an employee of the Internal Revenue Service may be selected for a permanent appointment in the competitive service in the Internal Revenue Service through internal competitive promotion procedures if—

  (A) the employee has completed, in the competitive service, 2 years of current continuous service under a term appointment or any combination of term appointments;

  (B) such term appointment or appointments were made under competitive procedures prescribed for permanent appointments;

  (C) the employee’s performance under such term appointment or appointments met established retention standards, or, if not covered by a performance management system established under section 9508, was rated at the fully successful level or higher (or equivalent thereof); and

  (D) the vacancy announcement for the term appointment from which the conversion is made stated that there was a potential for subsequent conversion to a permanent appointment.
• 5 U.S.C. § 9510(a)(1)(A)

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  (A) the employee has completed, in the competitive service, 2 years of current continuous service under a term appointment or any combination of term appointments;
• 5 U.S.C. § 9510(a)(1)(C)

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  (C) the employee’s performance under such term appointment or appointments met established retention standards, or, if not covered by a performance management system established under section 9508, was rated at the fully successful level or higher (or equivalent thereof); and
• 5 U.S.C. § 9510(a)(2)

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  (2) An appointment under this section may be made only to a position in the same line of work as a position to which the employee received a term appointment under competitive procedures.
• 5 U.S.C. § 9510(c)

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  (c) The Secretary of the Treasury may detail employees among the offices of the Internal Revenue Service without regard to the 120-day limitation in section 3341(b).
• 5 U.S.C. § 9510(e)(1)

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  (1) any employment priority established under direction of the President for the placement of surplus or displaced employees; or
• 5 U.S.C. § 9602(a)

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  (a) Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of a land management agency serving under a time-limited appointment in the competitive service is eligible to compete for a permanent appointment in the competitive service at such land management agency when such agency is accepting applications from individuals within the agency’s workforce under merit promotion procedures, or any agency, including a land management agency, when the agency is accepting applications from individuals outside its own workforce under the merit promotion procedures of the applicable agency if—

  (1) the employee was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment;

  (2) the employee has served under 1 or more time-limited appointments by a land management agency for a period or periods totaling more than 24 months without a break of 2 or more years; and

  (3) the employee’s performance has been at an acceptable level of performance throughout the period or periods (as the case may be) referred to in paragraph (2).
• 5 U.S.C. § 9602(a)(1)

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  (1) the employee was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment;
• 5 U.S.C. § 9602(a)(2)

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  (2) the employee has served under 1 or more time-limited appointments by a land management agency for a period or periods totaling more than 24 months without a break of 2 or more years; and
• 5 U.S.C. § 9602(a)(3)

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  (3) the employee’s performance has been at an acceptable level of performance throughout the period or periods (as the case may be) referred to in paragraph (2).
• 5 U.S.C. § 9602(b)

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  (b) In determining the eligibility of a time-limited employee under this section to be examined for or appointed in the competitive service, the Office of Personnel Management or other examining agency shall waive requirements as to age, unless the requirement is essential to the performance of the duties of the position.
• 5 U.S.C. § 9602(c)(1)

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  (1) becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and
• 5 U.S.C. § 9602(d)

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  (d) A former employee of a land management agency who served under a time-limited appointment and who otherwise meets the requirements of this section shall be deemed a time-limited employee of the agency from which the former employee was most recently separated for purposes of this section if—

  (1) such employee applies for a position covered by this section within the period of 2 years after the most recent date of separation; and

  (2) such employee’s most recent separation was for reasons other than misconduct or performance.
• 5 U.S.C. § 9602(d)(1)

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  (1) such employee applies for a position covered by this section within the period of 2 years after the most recent date of separation; and
• 5 U.S.C. § 9602(d)(2)

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  (2) such employee’s most recent separation was for reasons other than misconduct or performance.
• 5 U.S.C. § 9701(b)(3)(A)

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  (A) the public employment principles of merit and fitness set forth in section 2301, including the principles of hiring based on merit, fair treatment without regard to political affiliation or other nonmerit considerations, equal pay for equal work, and protection of employees against reprisal for whistleblowing;
• 5 U.S.C. § 9701(b)(3)(C)(ii)(II)

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  (II) providing any right or remedy available to any employee or applicant for employment in the civil service;
• 5 U.S.C. § 9701(b)(4)

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  (4) ensure that employees may organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them, subject to any exclusion from coverage or limitation on negotiability established by law; and
• 5 U.S.C. § 9701(d)(1)

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  (1) to modify the pay of any employee who serves in—

  (A) an Executive Schedule position under subchapter II of chapter 53 of title 5, United States Code; or

  (B) a position for which the rate of basic pay is fixed in statute by reference to a section or level under subchapter II of chapter 53 of such title 5;
• 5 U.S.C. § 9701(d)(2)

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  (2) to fix pay for any employee or position at an annual rate greater than the maximum amount of cash compensation allowable under section 5307 of such title 5 in a year; or
• 5 U.S.C. § 9701(d)(3)

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  (3) to exempt any employee from the application of such section 5307.
• 5 U.S.C. § 9701(e)(1)

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  (1) In order to ensure that the authority of this section is exercised in collaboration with, and in a manner that ensures the participation of employee representatives in the planning, development, and implementation of any human resources management system or adjustments to such system under this section, the Secretary of Homeland Security and the Director of the Office of Personnel Management shall provide for the following:

  (A) The Secretary and the Director shall, with respect to any proposed system or adjustment—

  (i) provide to each employee representative representing any employees who might be affected, a written description of the proposed system or adjustment (including the reasons why it is considered necessary);

  (ii) give each representative 30 calendar days (unless extraordinary circumstances require earlier action) to review and make recommendations with respect to the proposal; and

  (iii) give any recommendations received from any such representatives under clause (ii) full and fair consideration in deciding whether or how to proceed with the proposal.

  (B) Following receipt of recommendations, if any, from employee representatives with respect to a proposal described in subparagraph (A), the Secretary and the Director shall accept such modifications to the proposal in response to the recommendations as they determine advisable and shall, with respect to any parts of the proposal as to which they have not accepted the recommendations—

  (i) notify Congress of those parts of the proposal, together with the recommendations of employee representatives;

  (ii) meet and confer for not less than 30 calendar days with any representatives who have made recommendations, in order to attempt to reach agreement on whether or how to proceed with those parts of the proposal; and

  (iii) at the Secretary’s option, or if requested by a majority of the employee representatives who have made recommendations, use the services of the Federal Mediation and Conciliation Service during such meet and confer period to facilitate the process of attempting to reach agreement.

  (i) Any part of the proposal as to which the representatives do not make a recommendation, or as to which their recommendations are accepted by the Secretary and the Director, may be implemented immediately.

  (ii) With respect to any parts of the proposal as to which recommendations have been made but not accepted by the Secretary and the Director, at any time after 30 calendar days have elapsed since the initiation of the congressional notification, consultation, and mediation procedures set forth in subparagraph (B), if the Secretary determines, in the Secretary’s sole and unreviewable discretion, that further consultation and mediation is unlikely to produce agreement, the Secretary may implement any or all of such parts, including any modifications made in response to the recommendations as the Secretary determines advisable.

  (iii) The Secretary shall promptly notify Congress of the implementation of any part of the proposal and shall furnish with such notice an explanation of the proposal, any changes made to the proposal as a result of recommendations from employee representatives, and of the reasons why implementation is appropriate under this subparagraph.

  (D) If a proposal described in subparagraph (A) is implemented, the Secretary and the Director shall—

  (i) develop a method for each employee representative to participate in any further planning or development which might become necessary; and

  (ii) give each employee representative adequate access to information to make that participation productive.
• 5 U.S.C. § 9701(e)(1)(A)(i)

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  (i) provide to each employee representative representing any employees who might be affected, a written description of the proposed system or adjustment (including the reasons why it is considered necessary);
• 5 U.S.C. § 9701(e)(1)(B)

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  (B) Following receipt of recommendations, if any, from employee representatives with respect to a proposal described in subparagraph (A), the Secretary and the Director shall accept such modifications to the proposal in response to the recommendations as they determine advisable and shall, with respect to any parts of the proposal as to which they have not accepted the recommendations—

  (i) notify Congress of those parts of the proposal, together with the recommendations of employee representatives;

  (ii) meet and confer for not less than 30 calendar days with any representatives who have made recommendations, in order to attempt to reach agreement on whether or how to proceed with those parts of the proposal; and

  (iii) at the Secretary’s option, or if requested by a majority of the employee representatives who have made recommendations, use the services of the Federal Mediation and Conciliation Service during such meet and confer period to facilitate the process of attempting to reach agreement.
• 5 U.S.C. § 9701(e)(1)(B)(i)

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  (i) notify Congress of those parts of the proposal, together with the recommendations of employee representatives;
• 5 U.S.C. § 9701(e)(1)(B)(iii)

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  (iii) at the Secretary’s option, or if requested by a majority of the employee representatives who have made recommendations, use the services of the Federal Mediation and Conciliation Service during such meet and confer period to facilitate the process of attempting to reach agreement.
• 5 U.S.C. § 9701(e)(1)(C)(iii)

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  (iii) The Secretary shall promptly notify Congress of the implementation of any part of the proposal and shall furnish with such notice an explanation of the proposal, any changes made to the proposal as a result of recommendations from employee representatives, and of the reasons why implementation is appropriate under this subparagraph.
• 5 U.S.C. § 9701(e)(1)(D)(i)

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  (i) develop a method for each employee representative to participate in any further planning or development which might become necessary; and
• 5 U.S.C. § 9701(e)(1)(D)(ii)

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  (ii) give each employee representative adequate access to information to make that participation productive.
• 5 U.S.C. § 9701(e)(2)(A)

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  (A) in the case of employees within a unit with respect to which a labor organization is accorded exclusive recognition, representation by individuals designated or from among individuals nominated by such organization;
• 5 U.S.C. § 9701(e)(2)(B)

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  (B) in the case of any employees who are not within such a unit, representation by any appropriate organization which represents a substantial percentage of those employees or, if none, in such other manner as may be appropriate, consistent with the purposes of the subsection;
• 5 U.S.C. § 9701(e)(2)(C)

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  (C) the fair and expeditious handling of the consultation and mediation process described in subparagraph (B) of paragraph (1), including procedures by which, if the number of employee representatives providing recommendations exceeds 5, such representatives select a committee or other unified representative with which the Secretary and Director may meet and confer; and
• 5 U.S.C. § 9701(e)(2)(D)

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  (D) the selection of representatives in a manner consistent with the relative number of employees represented by the organizations or other representatives involved.
• 5 U.S.C. § 9701(f)(1)(A)

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  (A) employees of the Department are entitled to fair treatment in any appeals that they bring in decisions relating to their employment; and
• 5 U.S.C. § 9701(f)(1)(B)(i)

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  (i) should ensure that employees of the Department are afforded the protections of due process; and
• 5 U.S.C. § 9701(f)(2)(C)

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  (C) shall modify procedures under chapter 77 only insofar as such modifications are designed to further the fair, efficient, and expeditious resolution of matters involving the employees of the Department.
• 5 U.S.C. § 9801(3)

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  (3) the term “critical need” means a specific and important safety, management, engineering, science, research, or operations requirement of the Administration’s mission that the Administration is unable to fulfill because the Administration lacks the appropriate employees because—

  (A) of the inability to fill positions; or

  (B) employees do not possess the requisite skills;
• 5 U.S.C. § 9801(3)(B)

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  (B) employees do not possess the requisite skills;
• 5 U.S.C. § 9801(4)

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  (4) the term “employee” means an individual employed in or under the Administration;
• 5 U.S.C. § 9802(b)(2)(A)

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  (A) the functions, approximate number, and classes or other categories of positions or employees that—

  (i) address critical needs; and

  (ii) would be eligible for each authority proposed to be exercised under this chapter; and
• 5 U.S.C. § 9802(b)(2)(B)

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  (B) how the exercise of those authorities with respect to the eligible positions or employees involved would address each critical need identified under paragraph (1);
• 5 U.S.C. § 9802(b)(6)

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  (6) the means by which employees will be afforded the notification required under subsections (c) and (d)(1)(B);
• 5 U.S.C. § 9802(c)

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  (c) Not later than 60 days before first exercising any of the workforce authorities made available under this chapter, the Administrator shall provide to all employees the workforce plan and any additional information which the Administrator considers appropriate.
• 5 U.S.C. § 9802(d)(1)(B)

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  (B) Not later than 60 days before implementing any such modifications, the Administrator shall provide an appropriately modified plan to all employees of the Administration and to the appropriate committees of Congress.
• 5 U.S.C. § 9802(e)(1)

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  (1) provide to each employee representative representing any employees who might be affected by such plan (or modification) a copy of the proposed plan (or modification);
• 5 U.S.C. § 9803(c)(2)

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  (2) For purposes of this subsection, the term “political appointee” means an employee who holds—

  (A) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; or

  (B) a position in the Senior Executive Service as a noncareer appointee (as such term is defined in section 3132(a)).
• 5 U.S.C. § 9804(a)(2)(A)

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  (A) is newly appointed as an employee of the Federal Government;
• 5 U.S.C. § 9804(b)(1)

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  (1) 50 percent of the employee’s annual rate of basic pay (including comparability payments under sections 5304 and 5304a) as of the beginning of the service period multiplied by the service period specified under subsection (d)(1)(B)(i); or
• 5 U.S.C. § 9804(b)(2)

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  (2) 100 percent of the employee’s annual rate of basic pay (including comparability payments under sections 5304 and 5304a) as of the beginning of the service period.
• 5 U.S.C. § 9804(c)

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  (c) If the position is not described as addressing a critical need in the workforce plan under section 9802(b)(2)(A), the amount of a bonus may not exceed 25 percent of the employee’s annual rate of basic pay (excluding comparability payments under sections 5304 and 5304a) as of the beginning of the service period.
• 5 U.S.C. § 9804(d)(2)

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  (2) For purposes of determinations under subsections (b)(1) and (c)(1), the employee’s service period shall be expressed as the number equal to the full years and twelfth parts thereof, rounding the fractional part of a month to the nearest twelfth part of a year. The service period may not be less than 6 months and may not exceed 4 years.
• 5 U.S.C. § 9804(d)(3)

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  (3) A bonus under this section may not be considered to be part of the basic pay of an employee.
• 5 U.S.C. § 9805(a)

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  (a) Notwithstanding section 5754, the Administrator may pay a bonus to an employee, in accordance with the workforce plan and subject to the limitations in this section, if the Administrator determines that—

  (1) the unusually high or unique qualifications of the employee or a special need of the Administration for the employee’s services makes it essential to retain the employee; and

  (2) the employee would be likely to leave in the absence of a retention bonus.
• 5 U.S.C. § 9805(a)(1)

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  (1) the unusually high or unique qualifications of the employee or a special need of the Administration for the employee’s services makes it essential to retain the employee; and
• 5 U.S.C. § 9805(a)(2)

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  (2) the employee would be likely to leave in the absence of a retention bonus.
• 5 U.S.C. § 9805(b)

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  (b) If the position is described as addressing a critical need in the workforce plan under section 9802(b)(2)(A), the amount of a bonus may not exceed 50 percent of the employee’s annual rate of basic pay (including comparability payments under sections 5304 and 5304a).
• 5 U.S.C. § 9805(c)

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  (c) If the position is not described as addressing a critical need in the workforce plan under section 9802(b)(2)(A), the amount of a bonus may not exceed 25 percent of the employee’s annual rate of basic pay (excluding comparability payments under sections 5304 and 5304a).
• 5 U.S.C. § 9805(d)(1)(A)

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  (A) Payment of a bonus under this section shall be contingent upon the employee entering into a service agreement with the Administration.
• 5 U.S.C. § 9805(d)(2)

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  (2) The employee’s service period shall be expressed as the number equal to the full years and twelfth parts thereof, rounding the fractional part of a month to the nearest twelfth part of a year. The service period may not be less than 6 months and may not exceed 4 years.
• 5 U.S.C. § 9805(d)(3)

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  (3) Notwithstanding paragraph (1), a service agreement is not required if the Administration pays a bonus in biweekly installments and sets the installment payment at the full bonus percentage rate established for the employee, with no portion of the bonus deferred. In this case, the Administration shall inform the employee in writing of any decision to change the retention bonus payments. The employee shall continue to accrue entitlement to the retention bonus through the end of the pay period in which such written notice is provided.
• 5 U.S.C. § 9805(e)

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  (e) A bonus under this section may not be considered to be part of the basic pay of an employee.
• 5 U.S.C. § 9805(f)

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  (f) An employee is not entitled to a retention bonus under this section during a service period previously established for that employee under section 5753 or under section 9804.
• 5 U.S.C. § 9806(b)

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  (b) Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Administrator may convert an employee serving under a term appointment to a permanent appointment in the competitive service within the Administration without further competition if—

  (1) such individual was appointed under open, competitive examination under subchapter I of chapter 33 to the term position;

  (2) the announcement for the term appointment from which the conversion is made stated that there was potential for subsequent conversion to a career-conditional or career appointment;

  (3) the employee has completed at least 2 years of current continuous service under a term appointment in the competitive service;

  (4) the employee’s performance under such term appointment was at least fully successful or equivalent; and

  (5) the position to which such employee is being converted under this section is in the same occupational series, is in the same geographic location, and provides no greater promotion potential than the term position for which the competitive examination was conducted.
• 5 U.S.C. § 9806(b)(3)

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  (3) the employee has completed at least 2 years of current continuous service under a term appointment in the competitive service;
• 5 U.S.C. § 9806(b)(4)

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  (4) the employee’s performance under such term appointment was at least fully successful or equivalent; and
• 5 U.S.C. § 9806(b)(5)

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  (5) the position to which such employee is being converted under this section is in the same occupational series, is in the same geographic location, and provides no greater promotion potential than the term position for which the competitive examination was conducted.
• 5 U.S.C. § 9806(c)

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  (c) Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Administrator may convert an employee serving under a term appointment to a permanent appointment in the competitive service within the Administration through internal competitive promotion procedures if the conditions under paragraphs (1) through (4) of subsection (b) are met.
• 5 U.S.C. § 9806(d)

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  (d) An employee converted under this section becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure.
• 5 U.S.C. § 9806(e)

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  (e) An employee converted to career or career-conditional employment under this section acquires competitive status upon conversion.
• 5 U.S.C. § 9807(b)(3)

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  (3) may be exercised only in retaining employees of the Administration or in appointing individuals who were not employees of another Federal agency as defined under section 5102(a)(1).
• 5 U.S.C. § 9807(d)(3)

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  (3) Notwithstanding any provision of section 5307, in the case of an employee who, during any calendar year, is receiving pay at a rate fixed under this section, no allowance, differential, bonus, award, or similar cash payment may be paid to such employee if, or to the extent that, when added to basic pay paid or payable to such employee (for service performed in such calendar year as an employee in the executive branch or as an employee outside the executive branch to whom chapter 51 applies), such payment would cause the total to exceed the per annum rate of salary which, as of the end of such calendar year, is payable under section 104 of title 3.
• 5 U.S.C. § 9808

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  For purposes of applying the third sentence of section 3372(a) (relating to the authority of the head of a Federal agency to extend the period of an employee’s assignment to or from a State or local government, institution of higher education, or other organization), the Administrator may, with the concurrence of the employee and the government or organization concerned, take any action which would be allowable if such sentence had been amended by striking “two” and inserting “four”.
• 5 U.S.C. § 9809(a)(3)

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  (3) To carry out the Program the Administrator shall enter into contractual agreements with individuals selected under paragraph (2) under which the individuals agree to serve as full-time employees of the Administration, for the period described in subsection (f)(1), in positions needed by the Administration and for which the individuals are qualified, in exchange for receiving a scholarship.
• 5 U.S.C. § 9809(b)(3)

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  (3) at the time of the initial scholarship award, not be an employee (as defined in section 2105).
• 5 U.S.C. § 9809(f)(1)

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  (1) The period of service for which an individual shall be obligated to serve as an employee of the Administration is, except as provided in subsection (h)(2), 24 months for each academic year for which a scholarship under this section is provided.
• 5 U.S.C. § 9811(b)

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  (b) The Administrator may pay the travel, transportation, and relocation expenses of a new appointee to the same extent, in the same manner, and subject to the same conditions as the payment of such expenses under sections 5724, 5724a, 5724b, and 5724c to an employee transferred in the interests of the United States Government.
• 5 U.S.C. § 9812(a)(1)

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  (1) the term “newly appointed employee” means an individual who is first appointed—

  (A) as an employee of the Federal Government; or

  (B) as an employee of the Federal Government following a break in service of at least 90 days after that individual’s last period of Federal employment, other than—

  (i) employment under the Student Educational Employment Program administered by the Office of Personnel Management;

  (ii) employment as a law clerk trainee;

  (iii) employment under a short-term temporary appointing authority while a student during periods of vacation from the educational institution at which the student is enrolled;

  (iv) employment under a provisional appointment if the new appointment is permanent and immediately follows the provisional appointment; or

  (v) employment under a temporary appointment that is neither full-time nor the principal employment of the individual;
• 5 U.S.C. § 9812(a)(1)(A)

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  (A) as an employee of the Federal Government; or
• 5 U.S.C. § 9812(a)(1)(B)

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  (B) as an employee of the Federal Government following a break in service of at least 90 days after that individual’s last period of Federal employment, other than—

  (i) employment under the Student Educational Employment Program administered by the Office of Personnel Management;

  (ii) employment as a law clerk trainee;

  (iii) employment under a short-term temporary appointing authority while a student during periods of vacation from the educational institution at which the student is enrolled;

  (iv) employment under a provisional appointment if the new appointment is permanent and immediately follows the provisional appointment; or

  (v) employment under a temporary appointment that is neither full-time nor the principal employment of the individual;
• 5 U.S.C. § 9812(a)(2)(A)

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  (A) was performed in a position the duties of which were directly related to the duties of the position in the Administration which that individual will fill as a newly appointed employee; and
• 5 U.S.C. § 9812(a)(2)(B)

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  (B) except for this section, would not otherwise be service performed by an employee for purposes of section 6303; and
• 5 U.S.C. § 9812(b)(1)

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  (1) For purposes of section 6303, the Administrator may deem a period of qualified non-Federal service performed by a newly appointed employee to be a period of service of equal length performed as an employee.
• 5 U.S.C. § 9812(b)(2)

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  (2) A decision under paragraph (1) to treat a period of qualified non-Federal service as if it were service performed as an employee shall continue to apply so long as that individual serves in or under the Administration.
• 5 U.S.C. § 9812(c)(1)

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  (1) Notwithstanding section 6303(a), the annual leave accrual rate for an employee of the Administration in a position paid under section 5376 or 5383, or for an employee in an equivalent category whose rate of basic pay is greater than the rate payable at GS–15, step 10, shall be 1 day for each full biweekly pay period.
• 5 U.S.C. § 9812(c)(2)

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  (2) The accrual rate established under this subsection shall continue to apply to the employee so long as such employee serves in or under the Administration.
• 5 U.S.C. § 9814(a)

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  (a) Notwithstanding section 5334, the Administrator may set the pay of an employee paid under the General Schedule at any step within the pay range for the grade of the position, if such employee—

  (1) possesses unusually high or unique qualifications; and

  (2) is assigned—

  (A) new duties, without a change of position; or

  (B) to a new position.
• 5 U.S.C. § 9814(b)

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  (b) If an exercise of the authority under this section relates to a current employee selected for another position within the Administration, a determination shall be made that the employee’s contribution in the new position will exceed that in the former position, before setting pay under this section.
• 5 U.S.C. § 9814(d)

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  (d) If the employee serves for at least 1 year in the position for which the pay determination under this section was made, or a successor position, the pay earned under such position may be used in succeeding actions to set pay under chapter 53.
• 5 U.S.C. § 9814(e)

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  (e) Before setting any employee’s pay under this section, the Administrator shall submit a plan to the Office of Personnel Management and the appropriate committees of Congress, that includes—

  (1) criteria for approval of actions to set pay under this section;

  (2) the level of approval required to set pay under this section;

  (3) all types of actions and positions to be covered;

  (4) the relationship between the exercise of authority under this section and the use of other pay incentives; and

  (5) a process to evaluate the effectiveness of this section.
• 5 U.S.C. § 9815(8)

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  (8) The total number of employees who were awarded enhanced annual leave under section 9812 during the preceding fiscal year; of that total number, the number of employees who were serving in a position addressing a critical need described in the workforce plan pursuant to section 9802(b)(2); and, for employees in each of those respective groups, the average amount of additional annual leave such employees earned in the preceding fiscal year (over and above what they would have earned absent section 9812).
• 5 U.S.C. § 9815(10)

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  (10) The number of employees for whom the Administrator set the pay under section 9814 during the preceding fiscal year and the number of times pay was set under such section to address a critical need described in the workforce plan pursuant to section 9802(b)(2).
• 5 U.S.C. § 9902(a)(1)(A)

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  (A) A fair, credible, and transparent performance appraisal system for employees.
• 5 U.S.C. § 9902(a)(1)(B)

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  (B) A fair, credible, and transparent system for linking employee bonuses and other performance-based actions to performance appraisals of employees.
• 5 U.S.C. § 9902(a)(1)(C)

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  (C) A process for ensuring ongoing performance feedback and dialogue among supervisors, managers, and employees throughout the appraisal period and setting timetables for review.
• 5 U.S.C. § 9902(a)(1)(E)

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  (E) Development of “performance assistance plans” that are designed to give employees formal training, on-the-job training, counseling, mentoring, and other assistance.
• 5 U.S.C. § 9902(a)(3)(B)(ii)

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  (ii) Amounts available for compensation of employees that are transferred to the Fund.
• 5 U.S.C. § 9902(a)(3)(C)(i)

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  (i) Incentive payments for employees based on team or individual performance (which payments shall be in addition to basic pay).
• 5 U.S.C. § 9902(a)(3)(C)(ii)

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  (ii) Incentive payments to attract or retain employees with particular or superior qualifications or abilities.
• 5 U.S.C. § 9902(a)(3)(D)

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  (D) The authority provided in this paragraph is in addition to, and does not supersede or replace, any authority or source of funding otherwise available to the Secretary to pay bonuses or make incentive payments to civilian employees of the Department.
• 5 U.S.C. § 9902(b)(2)(C)

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  (C) Fair, credible, and transparent methods of assigning, reassigning, detailing, transferring, or promoting employees.
• 5 U.S.C. § 9902(c)(2)

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  (2) include a means for ensuring employee involvement (for bargaining unit employees, through their exclusive representatives) in the design and implementation of such system;
• 5 U.S.C. § 9902(c)(3)

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  (3) provide for adequate training and retraining for supervisors, managers, and employees in the implementation and operation of such system;
• 5 U.S.C. § 9902(c)(4)(A)

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  (A) a comprehensive management succession program to provide training to employees to develop managers for the agency; and
• 5 U.S.C. § 9902(c)(5)

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  (5) include effective transparency and accountability measures and safeguards to ensure that the management of such system is fair, credible, and equitable, including appropriate independent reasonableness reviews, internal assessments, and employee surveys;
• 5 U.S.C. § 9902(c)(7)

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  (7) develop appropriate procedures for warnings during performance evaluations for employees who fail to meet performance standards;
• 5 U.S.C. § 9902(d)(1)(A)(i)

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  (i) developing and discussing relevant goals and objectives with the employee, communicating and discussing progress relative to performance goals and objectives, and conducting performance appraisals;
• 5 U.S.C. § 9902(d)(1)(A)(ii)

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  (ii) mentoring and motivating employees, and improving employee performance and productivity;
• 5 U.S.C. § 9902(d)(1)(A)(iii)

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  (iii) fostering a work environment characterized by fairness, respect, equal opportunity, and attention to the quality of the work of employees;
• 5 U.S.C. § 9902(d)(1)(A)(iv)

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  (iv) effectively managing employees with unacceptable performance;
• 5 U.S.C. § 9902(d)(1)(A)(v)

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  (v) addressing reports of a hostile work environment, reprisal, or harassment of or by another supervisor or employee; and
• 5 U.S.C. § 9902(d)(1)(B)

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  (B) a program to provide training to supervisors on the prohibited personnel practices under section 2302 (particularly with respect to such practices described under subsections (b)(1) and (b)(8) of such section), employee collective bargaining and union participation rights, and the procedures and processes used to enforce employee rights; and
• 5 U.S.C. § 9902(d)(1)(C)(i)

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  (i) sharing knowledge and advice in areas such as communication, critical thinking, responsibility, flexibility, motivating employees, teamwork, leadership, and professional development; and
• 5 U.S.C. § 9902(f)(1)

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  (1) The Secretary may establish a program within the Department of Defense under which employees may be eligible for early retirement, offered separation incentive pay to separate from service voluntarily, or both. This authority may be used to reduce the number of personnel employed by the Department of Defense or to restructure the workforce to meet mission objectives without reducing the overall number of personnel. This authority is in addition to, and notwithstanding, any other authorities established by law or regulation for such programs.
• 5 U.S.C. § 9902(f)(2)(A)

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  (A) The Secretary may not authorize the payment of voluntary separation incentive pay under paragraph (1) to more than 25,000 employees in any fiscal year, except that employees who receive voluntary separation incentive pay as a result of a closure or realignment of a military installation under the Defense Base Closure and Realignment Act of 1990 (title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) shall not be included in that number.
• 5 U.S.C. § 9902(f)(2)(B)

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  (B) The Secretary shall prepare a report each fiscal year setting forth the number of employees who received such pay as a result of a closure or realignment of a military base as described under subparagraph (A).
• 5 U.S.C. § 9902(f)(3)

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  (3) For purposes of this section, the term “employee” means an employee of the Department of Defense, serving under an appointment without time limitation, except that such term does not include—

  (A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84, or another retirement system for employees of the Federal Government;

  (B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A); or

  (C) for purposes of eligibility for separation incentives under this section, an employee who is in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance.
• 5 U.S.C. § 9902(f)(3)(A)

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  (A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84, or another retirement system for employees of the Federal Government;
• 5 U.S.C. § 9902(f)(3)(B)

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  (B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A); or
• 5 U.S.C. § 9902(f)(3)(C)

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  (C) for purposes of eligibility for separation incentives under this section, an employee who is in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance.
• 5 U.S.C. § 9902(f)(4)

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  (4) An employee who is at least 50 years of age and has completed 20 years of service, or has at least 25 years of service, may, pursuant to regulations promulgated under this section, apply and be retired from the Department of Defense and receive benefits in accordance with chapter 83 or 84 if the employee has been employed continuously within the Department of Defense for more than 30 days before the date on which the determination to conduct a reduction or restructuring within 1 or more Department of Defense components is approved.
• 5 U.S.C. § 9902(f)(5)(A)(i)

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  (i) an amount equal to the amount the employee would be entitled to receive under section 5595(c), if the employee were entitled to payment under such section; or
• 5 U.S.C. § 9902(f)(6)(A)

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  (A) An employee who receives separation pay under such program may not be reemployed by the Department of Defense for a 12-month period beginning on the effective date of the employee’s separation, unless this prohibition is waived by the Secretary on a case-by-case basis.
• 5 U.S.C. § 9902(f)(6)(B)

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  (B) An employee who receives separation pay under this section on the basis of a separation occurring on or after the date of the enactment of the Federal Workforce Restructuring Act of 1994 (Public Law 103–226; 108 Stat. 111) and accepts employment with the Government of the United States, or who commences work through a personal services contract with the United States within 5 years after the date of the separation on which payment of the separation pay is based, shall be required to repay the entire amount of the separation pay to the Department of Defense. If the employment is with an Executive agency (as defined by section 105) other than the Department of Defense, the Director may, at the request of the head of that agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is within the Department of Defense, the Secretary may waive the repayment if the individual involved is the only qualified applicant available for the position. If the employment is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
• 5 U.S.C. § 9902(g)(1)

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  (1) Except as provided under paragraph (2), if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in a position within the Department of Defense, his annuity shall continue. An annuitant so reemployed shall not be considered an employee for purposes of subchapter III of chapter 83 or chapter 84.
• 5 U.S.C. § 9902(g)(2)(B)(ii)

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  (ii) takes reasonable actions to notify employees who may file an election.
• 5 U.S.C. § 9902(g)(2)(C)

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  (C) If an employee files an election under this paragraph, coverage shall be effective beginning on the first day of the first applicable pay period beginning on or after the date of the filing of the election.
• 5 U.S.C. § 9902(g)(3)

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  (3) Benefits similar to those provided by paragraphs (1) and (2) may be extended, in accordance with regulations prescribed by the President, so as to be made available with respect to reemployed annuitants within the Department of Defense who are subject to such other retirement systems for Government employees (whose annuities are payable under authorities other than subchapter III of chapter 83 or chapter 84 of title 5) as may be provided for under such regulations.
• 5 U.S.C. § 9902(h)(1)(A)

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  (A) conduct appropriately designed and statistically valid internal assessments or employee surveys to assess employee perceptions of any program, system, procedures, or other aspect of personnel management, as established or modified under authority of this section; and
• 5 U.S.C. § 9903(b)(1)

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  (1) appoint personnel from outside the civil service and uniformed services (as such terms are defined in section 2101) to positions in the Department of Defense without regard to any provision of this title governing the appointment of employees to positions in the Department of Defense;
• 5 U.S.C. § 9903(b)(2)

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  (2) prescribe the rates of basic pay for positions to which employees are appointed under paragraph (1) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376, as increased by locality-based comparability payments under section 5304, notwithstanding any provision of this title governing the rates of pay or classification of employees in the executive branch; and
• 5 U.S.C. § 9903(b)(3)

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  (3) pay any employee appointed under paragraph (1) payments in addition to basic pay within the limits applicable to the employee under subsection (d).
• 5 U.S.C. § 9903(c)(1)

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  (1) Except as provided in paragraph (2), the service of an employee under an appointment made pursuant to this section may not exceed 5 years.
• 5 U.S.C. § 9903(c)(2)

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  (2) The Secretary may, in the case of a particular employee, extend the period to which service is limited under paragraph (1) by up to 1 additional year if the Secretary determines that such action is necessary to promote the Department of Defense’s national security missions.
• 5 U.S.C. § 9903(d)(1)

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  (1) The total amount of the additional payments paid to an employee under this section for any 12-month period may not exceed the lesser of the following amounts:

  (A) $50,000 in fiscal year 2004, which may be adjusted annually thereafter by the Secretary, with a percentage increase equal to one-half of 1 percentage point less than the percentage by which the Employment Cost Index, published quarterly by the Bureau of Labor Statistics, for the base quarter of the year before the preceding calendar year exceeds the Employment Cost Index for the base quarter of the second year before the preceding calendar year.

  (B) The amount equal to 50 percent of the employee’s annual rate of basic pay.

  For purposes of this paragraph, the term “base quarter” has the meaning given such term by section 5302(3).
• 5 U.S.C. § 9903(d)(1)(B)

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  (B) The amount equal to 50 percent of the employee’s annual rate of basic pay.
• 5 U.S.C. § 9903(d)(2)

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  (2) An employee appointed under this section is not eligible for any bonus, monetary award, or other monetary incentive for service, except for—

  (A) payments authorized under this section; and

  (B) in the case of an employee who is assigned in support of a contingency operation (as defined in section 101(a)(13) of title 10), allowances and any other payments authorized under chapter 59.
• 5 U.S.C. § 9903(d)(2)(B)

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  (B) in the case of an employee who is assigned in support of a contingency operation (as defined in section 101(a)(13) of title 10), allowances and any other payments authorized under chapter 59.
• 5 U.S.C. § 9903(d)(3)

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  (3) Notwithstanding any other provision of this subsection or of section 5307, no additional payments may be paid to an employee under this section in any calendar year if, or to the extent that, the employee’s total annual compensation will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3. In computing an employee’s total annual compensation for purposes of the preceding sentence, any payment referred to in paragraph (2)(B) shall be excluded.
• 5 U.S.C. § 9903(f)

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  (f) In the event that the Secretary terminates this program, in the case of an employee who, on the day before the termination of the program, is serving in a position pursuant to an appointment under this section—

  (1) the termination of the program does not terminate the employee’s employment in that position before the expiration of the lesser of—

  (A) the period for which the employee was appointed; or

  (B) the period to which the employee’s service is limited under subsection (c), including any extension made under this section before the termination of the program; and

  (2) the rate of basic pay prescribed for the position under this section may not be reduced as long as the employee continues to serve in the position without a break in service.
• 5 U.S.C. § 9903(f)(1)

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  (1) the termination of the program does not terminate the employee’s employment in that position before the expiration of the lesser of—

  (A) the period for which the employee was appointed; or

  (B) the period to which the employee’s service is limited under subsection (c), including any extension made under this section before the termination of the program; and
• 5 U.S.C. § 9903(f)(1)(A)

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  (A) the period for which the employee was appointed; or
• 5 U.S.C. § 9903(f)(1)(B)

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  (B) the period to which the employee’s service is limited under subsection (c), including any extension made under this section before the termination of the program; and
• 5 U.S.C. § 9903(f)(2)

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  (2) the rate of basic pay prescribed for the position under this section may not be reduced as long as the employee continues to serve in the position without a break in service.
• 5 U.S.C. § 9904

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  The Secretary may provide to certain civilian employees of the Department of Defense assigned to activities outside the United States as determined by the Secretary to be in support of Department of Defense activities abroad hazardous to life or health or so specialized because of security requirements as to be clearly distinguishable from normal Government employment—
• 5 U.S.C. § 10102(b)(1)(C)

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  (C) the staffing levels of each category of employee, including gaps in the workforce of the Agency on the day before the date of enactment of this chapter and in the projected workforce of the Agency that should be addressed to ensure that the Agency has continued access to the critical skills and competencies described in subparagraph (A);
• 5 U.S.C. § 10102(b)(3)(A)

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  (A) details the number of employees of the Department not employed by the Agency serving in the Surge Capacity Force and the qualifications or credentials of such individuals;
• 5 U.S.C. § 10104(c)

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  (c) Payment of a bonus under this section shall be contingent upon the employee entering into a written service agreement with the Agency. The agreement shall include—

  (1) the period of service the individual shall be required to complete in return for the bonus; and

  (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.
• 5 U.S.C. § 10105(a)

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  (a) The Administrator may pay, on a case-by-case basis, a bonus under this section to an employee of the Agency if—

  (1) the unusually high or unique qualifications of the employee or a special need of the Agency for the employee’s services makes it essential to retain the employee; and

  (2) the Administrator determines that, in the absence of such a bonus, the employee would be likely to leave—

  (A) the Federal service; or

  (B) for a different position in the Federal service.
• 5 U.S.C. § 10105(a)(1)

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  (1) the unusually high or unique qualifications of the employee or a special need of the Agency for the employee’s services makes it essential to retain the employee; and
• 5 U.S.C. § 10105(a)(2)

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  (2) the Administrator determines that, in the absence of such a bonus, the employee would be likely to leave—

  (A) the Federal service; or

  (B) for a different position in the Federal service.
• 5 U.S.C. § 10105(b)

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  (b) Payment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Agency to complete a period of service with the Agency. Such agreement shall include—

  (1) the period of service the individual shall be required to complete in return for the bonus; and

  (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.
• 5 U.S.C. § 10106(a)(1)

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  (1) Not later than 3 months after the date of enactment of this chapter, the Administrator shall develop and submit to the appropriate committees of Congress a report on the vacancies in employee positions of the Agency.
• 5 U.S.C. § 10106(a)(2)(A)

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  (A) vacancies of each category of employee position;
• 5 U.S.C. § 10106(b)

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  (b) Not later than 3 months after submission of the initial report, and every 3 months thereafter until 5 years after the date of enactment of this chapter, the Administrator shall submit to the appropriate committees of Congress an update of the report under subsection (a), including an assessment by the Administrator of the progress of the Agency in filling vacant employee positions of the Agency.
• 5 U.S.C. § 10201(1)

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  (1) the term “member” means an employee of the United States Secret Service Uniformed Division having the authorities described under section 3056A(b) of title 18;
• 5 U.S.C. § 10207(b)

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  (b) For the purposes of a service step adjustment under section 10205, periods of service at the lower rank shall be credited in the same manner as if it was service at the rank to which the employee is promoted.
• 5 U.S.C. § 10209(a)

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  (a) In addition to the benefits provided under section 5901, the Director of the United States Secret Service or the designee of the Director is authorized to provide a clothing allowance to a member assigned to perform duties in normal business or work attire purchased at the discretion of the employee. Such clothing allowance shall not to be treated as part of the member’s basic pay for any purpose (including retirement purposes) and shall not be used for the purpose of computing the member’s overtime pay, pay during leave or other paid time off, lump-sum payments under section 5551 or section 5552, workers’ compensation, or any other benefit. Such allowance for any member may be discontinued at any time upon written notification by the Director of the United States Secret Service or the designee of the Director.
• 5 U.S.C. § 10301

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  To ensure that individuals who have separated from the Department of State or the United States Agency for International Development and who are eligible for reappointment are aware of such opportunities, the Department of State and the United States Agency for International Development shall publicize notice of all employment opportunities, including positions for which the relevant agency is accepting applications from individuals within the agency’s workforce under merit promotion procedures, on publicly accessible sites, including www.usajobs.gov. If using merit promotion procedures, the notice shall expressly state that former employees eligible for reinstatement may apply.