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

“Commission” applies in that section

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

“comparability payment” applies throughout its subchapter

the term “comparability payment” means a payment payable under section 5304;

“ECI” applies throughout its subchapter

the term “ECI” means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics; (3) the “base quarter” for any year is the 3-month period ending on September 30 of such year;

“General Schedule position” applies throughout its subchapter

the term “General Schedule position” means any position to which subchapter III applies.

“locality” applies throughout its subchapter

the term “locality” or “pay locality” means any locality, as established or modified under section 5304; (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) …

“pay agent” applies throughout its subchapter

the term “pay agent” means the agent designated by the President under section 5304(d)(1);

“pay locality” applies throughout its subchapter

the term “locality” or “pay locality” means any locality, as established or modified under section 5304; (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) …

“rates of pay for the General Schedule” applies throughout its subchapter

the term “rates of pay under the General Schedule”, “rates of pay for the General Schedule”, or “scheduled rates of basic pay” means the rates of basic pay under the General Schedule as established by section 5332, excluding pay under section 5304 and any other additional pay of any kind; and;

“rates of pay under the General Schedule” applies throughout its subchapter

the term “rates of pay under the General Schedule”, “rates of pay for the General Schedule”, or “scheduled rates of basic pay” means the rates of basic pay under the General Schedule as established by section 5332, excluding pay under section 5304 and any other additional pay of any kind; and;

“scheduled rates of basic pay” applies throughout its subchapter

the term “rates of pay under the General Schedule”, “rates of pay for the General Schedule”, or “scheduled rates of basic pay” means the rates of basic pay under the General Schedule as established by section 5332, excluding pay under section 5304 and any other additional pay of any kind; and;

“statutory pay system” applies throughout its subchapter

the term “statutory pay system” means a pay system under— (A) subchapter III, relating to the General Schedule; (B) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or (C) chapter 74 of title 38, relating to the Veterans Health Administration (other than a position subject to section 7451 of title 38 );

“position” applies in that section

the term “position” means— (A) a position to which section 5372 applies (relating to administrative law judges appointed under section 3105); (B) a position to which section 5372a applies (relating to contract appeals board members); (C) a Senior Executive Service position under section 3132 or 3151 or a senior level position under section 5376 stationed within the United States, but outside the 48 contiguous States and the District of Columbia in which the incumbent was an individual who on the day before the effective date of section 1912 of the Non-Foreign Area Retirement Equity Assurance Act of 2009 was eligible to receive a cost-of-living allowance under section 5941 and who thereafter …

“basic pay” applies in that section

the term “basic pay” includes any applicable locality-based comparability payment under section 5304 or similar provision of law. (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 …

“firefighter” applies in that section

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 …

“General Schedule base rate” applies in that section

the term “General Schedule base rate” means an annual rate of basic pay established under section 5332 before any additions, such as a locality-based comparability payment under section 5304 or 5304a or a special rate supplement under section 5305;

“special base rate” applies in that section

the term “special base rate” means an annual rate of basic pay payable to a wildland firefighter, before any additions or reductions, that replaces the General Schedule base rate otherwise applicable to the wildland firefighter and that is administered in the same manner as a General Schedule base rate; and;

“wildland firefighter” applies in that section

the term “wildland firefighter” means a firefighter— (A) who is employed by the Forest Service or the Department of the Interior; and (B) the duties of the position of whom primarily relate to fires occurring in forests, range lands, or other wildlands, as opposed to structural fires.

“administrative law judge” applies in that section

the term “administrative law judge” means an administrative law judge appointed under section 3105. (b) (1) (A) There shall be 3 levels of basic pay for administrative law judges (designated as AL–1, 2, and 3, respectively), and each such judge shall be paid at 1 of those levels, in accordance with the provisions of this section. (B) Within level AL–3, there shall be 6 rates of basic pay, designated as AL–3, rates A through F, respectively. Level AL–2 and level AL–1 shall each have 1 rate of basic pay.

“appeals board” applies in that section

the term “appeals board” means an agency board of contract appeals established pursuant to section 7105(a)(1), (c)(1), or (d)(1) of title 41. (b) Rates of basic pay for contract appeals board members shall be as follows: (1) Chairman of an appeals board—the rate of basic pay payable for level IV of the Executive Schedule. (2) Vice chairman of an appeals board—97 percent of the rate under paragraph (1). (3) Other members of an appeals board—94 percent of the rate under paragraph (1). (c) Rates of pay taking effect under this section shall be printed in the Federal Register and the Code of Federal Regulations.

“contract appeals board member” applies in that section

the term “contract appeals board member” means a member of an agency board of contract appeals appointed under section 7105(a)(2), (c)(2), or (d)(2) of title 41 or a member of the Civilian Board of Contract Appeals appointed under section 7105(b)(2) of title 41 ; and;

“administrative appeals judge position” applies in that section

the term “administrative appeals judge position” means a position the duties of which primarily involve reviewing decisions of administrative law judges appointed under section 3105; and;

“agency” applies in that section

the term “agency” means an Executive agency, as defined by section 105, but does not include the Government Accountability Office. (b) Subject to such regulations as the Office of Personnel Management may prescribe, the head of the agency concerned shall fix the rate of basic pay for each administrative appeals judge position within such agency which is not classified above GS–15 pursuant to section 5108. (c) A rate of basic pay fixed under this section shall be— (1) not less than the minimum rate of basic pay for level AL–3 under section 5372; and (2) not greater than the maximum rate of basic pay for level AL–3 under section 5372.

“agency” applies in that section

the term “agency” has the meaning given it by section 5102; and;

“position” applies in that section

the term “position” means— (A) a position to which chapter 51 applies, including a position in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; (B) a position under the Executive Schedule under sections 5312–5317; (C) a position to which section 5372 applies (or would apply, but for this section); (D) a position to which section 5372a applies (or would apply, but for this section); (E) a position established under section 3104; (F) a position in a category as to which a designation is in effect under subsection (i); and (G) a position at the Federal Bureau of Investigation, the primary duties and …

“police forces of the Bureau of Engraving and Printing and the United States Mint” applies in that section

the term “police forces of the Bureau of Engraving and Printing and the United States Mint” means the employees of the Department of the Treasury who are appointed, under the authority of the Secretary of the Treasury, as police officers for the protection of the Bureau of Engraving and Printing and the United States Mint buildings and property.

“agency” applies in that section

the term “agency” means an agency under subparagraph (A), (B), (C), (D), or (E) of section 4101(1) of this title , the Architect of the Capitol, the Botanic Garden, and the Office of Congressional Accessibility Services; and;

“student loan” applies in that section

the term “student loan” means— (i) a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq.); (ii) a loan made under part D or E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq., 1087aa et seq.); and (iii) a health education assistance loan made or insured under part A of title VII of the Public Health Service Act ( 42 U.S.C. 292 et seq.) or under part E of title VIII of such Act ( 42 U.S.C. 297a et seq.).

“employee” applies in that section

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.

“agency” applies in that section

the term “agency” includes the Office of the Architect of the Capitol.

“basic pay” applies in that section

the term “basic pay” includes any amount payable under section 5304.

“firefighter” applies in that section

the term “firefighter” means an employee— (i) the work schedule of whom includes 24-hour duty shifts; and (ii) who— (I) is a firefighter, as defined in section 8331(21) or 8401(14); (II) 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 so qualify if such employee had transferred directly to such position after serving as a firefighter within the meaning of such section; (III) 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 …

“qualified trade-of-time arrangement” applies in that section

the term “qualified trade-of-time arrangement” means an arrangement under which 2 firefighters who are subject to the supervision of the same fire chief agree, solely at their option and with the approval of the employing agency, to substitute for one another during scheduled work hours in the performance of work in the same capacity.

“appropriate Secretary” applies in that section

the term “appropriate Secretary” means— (A) with respect to an employee of a nonappropriated fund instrumentality of the Department of Defense, the Secretary of Defense; and (B) with respect to an employee of a nonappropriated fund instrumentality of the Coast Guard, the Secretary of the Executive department in which it is operating.

“criminal investigator” applies in that section

the term “criminal investigator” means a law enforcement officer as defined under section 5541(3) (other than an officer occupying a position under title II of Public Law 99–399 , subject to subsection (k)) who is required to— (A) possess a knowledge of investigative techniques, laws of evidence, rules of criminal procedure, and precedent court decisions concerning admissibility of evidence, constitutional rights, search and seizure, and related issues; (B) recognize, develop, and present evidence that reconstructs events, sequences and time elements for presentation in various legal hearings and court proceedings; (C) demonstrate skills in applying surveillance techniques, undercover work, …

“regular work day” applies in that section

the term “regular work day” means each day in the investigator’s basic work week during which the investigator works at least 4 hours that are not overtime hours paid under section 5542 or hours considered part of section 5545a. (b) The purpose of this section is to provide premium pay to criminal investigators to ensure the availability of criminal investigators for unscheduled duty in excess of a 40 hour work week based on the needs of the employing agency. (c) Each criminal investigator shall be paid availability pay as provided under this section. Availability pay shall be paid to ensure the availability of the investigator for unscheduled duty.

“unscheduled duty” applies in that section

the term “unscheduled duty” means hours of duty a criminal investigator works, or is determined to be available for work, that are not— (A) part of the 40 hours in the basic work week of the investigator; or (B) overtime hours paid under section 5542; and;

“appropriate committees of Congress” applies in that section

the term “appropriate committees of Congress” means— (A) the Committee on Appropriations of the House of Representatives; (B) the Committee on Oversight and Accountability of the House of Representatives; (C) the Committee on Agriculture of the House of Representatives; (D) the Committee on Natural Resources of the House of Representatives; (E) the Committee on Appropriations of the Senate; (F) the Committee on Homeland Security and Governmental Affairs of the Senate; (G) the Committee on Energy and Natural Resources of the Senate; and (H) the Committee on Agriculture, Nutrition, and Forestry of the Senate;

“covered employee” applies in that section

the term “covered employee” means an employee of the Forest Service or the Department of the Interior who is— (A) a wildland firefighter, as defined in section 5332a(a); or (B) certified by the applicable agency to perform wildland fire incident-related duties during the period that employee is deployed to respond to a qualifying incident;

“incident response premium pay” applies in that section

the term “incident response premium pay” means pay to which a covered employee is entitled under subsection (c);

“prescribed fire incident” applies in that section

the term “prescribed fire incident” means a wildland fire originating from a planned ignition in accordance with applicable laws, policies, and regulations to meet specific objectives;

“qualifying incident” applies in that section

the term “qualifying incident”— (A) means— (i) a wildfire incident, a prescribed fire incident, or a severity incident; or (ii) an incident that the Secretary of Agriculture or the Secretary of the Interior determines is similar in nature to an incident described in clause (i); and (B) does not include an initial response incident that is contained within 36 hours; and;

“severity incident” applies in that section

the term “severity incident” means an incident in which a covered employee is pre-positioned in an area in which conditions indicate there is a high risk of wildfires. (b) Eligibility .— A covered employee is eligible for incident response premium pay under this section if— (1) the covered employee is deployed to respond to a qualifying incident; and (2) the deployment described in paragraph (1) is— (A) outside of the official duty station of the covered employee; or (B) within the official duty station of the covered employee and the covered employee is assigned to an incident-adjacent fire camp or other designated field location.

“appropriate committees of Congress” applies in that section

the term “appropriate committees of Congress” means— (I) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and (II) the Committee on Homeland Security, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives. (vi) Rule of construction .— Nothing in this subparagraph shall be construed to limit the ability of U.S. Customs and Border Protection to assign border patrol agents to border patrol rates of pay as necessary to meet operational requirements.

“basic border patrol rate of pay” applies in that section

the term “basic border patrol rate of pay” means the hourly rate of basic pay of the applicable border patrol, as determined without regard to this section;

“border patrol agent” applies in that section

the term “border patrol agent” means an individual who is appointed to a position assigned to the Border Patrol Enforcement classification series 1896 or any successor series, consistent with classification standards established by the Office of Personnel Management;

“level 1 border patrol rate of pay” applies in that section

the term “level 1 border patrol rate of pay” means the hourly rate of pay equal to 1.25 times the otherwise applicable hourly rate of basic pay of the applicable border patrol agent;

“level 2 border patrol rate of pay” applies in that section

the term “level 2 border patrol rate of pay” means the hourly rate of pay equal to 1.125 times the otherwise applicable hourly rate of basic pay of the applicable border patrol agent; and;

“work period” applies in that section

the term “work period” means a 14-day biweekly pay period. (b) Receipt of Border Patrol Rate of Pay.— (1) Voluntary election.— (A) In general .— Not later than 30 days before the first day of each year beginning after the date of enactment of this section, a border patrol agent shall make an election whether the border patrol agent shall, for that year, be assigned to— (i) the level 1 border patrol rate of pay; (ii) the level 2 border patrol rate of pay; or (iii) the basic border patrol rate of pay, with additional overtime assigned as needed by U.S. Customs and Border Protection.

“authorized official” applies in that section

the term “authorized official” means— (1) the head of an agency, with respect to an agency or employee in the legislative branch; or (2) the Director of the Office of Management and Budget, with respect to any other agency or employee.

“Coast Guard nonappropriated fund instrumentality” applies in that section

The term “Coast Guard nonappropriated fund instrumentality” means a nonappropriated fund instrumentality of the Coast Guard.;

“defense nonappropriated fund instrumentality” applies in that section

The term “defense nonappropriated fund instrumentality” means a nonappropriated fund instrumentality of the Department of Defense.;

“nonappropriated fund instrumentality” applies in that section

The term “nonappropriated fund instrumentality” means a nonappropriated fund instrumentality described in section 2105(c) of this title . (i) (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.

“covered employee” applies in that section

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;

“defense agency” applies in that section

the term “defense agency” means an agency of the Department of Defense, as further defined under regulations prescribed by the Secretary; and;

“employee” applies in that section

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).

“final basic pay” applies in that section

the term “final basic pay” has the meaning given such term in section 4(a)(2) of the Federal Workforce Restructuring Act of 1994. (i) (1) Notwithstanding any other provision of this section, during fiscal year 2001, separation pay may be offered under the program carried out under this section with respect to workforce restructuring only to persons who, upon separation, are entitled to an immediate annuity under section 8336, 8412, or 8414 of this title and are otherwise eligible for the separation pay under this section.

“Secretary” applies in that section

the term “Secretary” means the Secretary of Defense;

“approved places of public accommodation” applies in that section

The term “approved places of public accommodation” means hotels, motels, and other places of public accommodation that are listed by the Administrator of the Federal Emergency Management Agency as meeting the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2225 ).;

“State” applies in that section

The term “State” means any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, the Virgin Islands, Guam, American Samoa, or any other territory or possession of the United States.

“appropriate committees of Congress” applies in that section

the term “appropriate committees of Congress” means— (1) the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Oversight and Government Reform of the House of Representatives. (b) (1) Notwithstanding any other provision of this subchapter, under a test program which the Administrator of General Services determines to be in the interest of the Government and approves, an employing agency may pay through the proper disbursing official any necessary travel expenses in lieu of any payment otherwise authorized or required under this subchapter for employees participating in a telework program.

“travel, transportation, or relocation expenses” applies in that section

the term “travel, transportation, or relocation expenses” means all travel, transportation, and relocation expenses reimbursed or furnished in kind pursuant to this subchapter or chapter 41.

“covered employee” applies in that section

the term “covered employee” means— (A) a law enforcement officer, as defined in section 5541; (B) any employee in or under the Federal Bureau of Investigation who is not described in subparagraph (A); (C) a customs and border protection officer, as defined in section 8331(31); and (D) any nuclear materials courier, as defined in section 8331(27); and (2) the term “qualified expense”, as used with respect to an immediate family changing its place of residence, means the transportation expenses of the immediate family, the expenses of moving (including transporting, packing, crating, temporarily storing, draying, and unpacking) the household goods and personal effects of such immediate …

“contingency operation” applies in that section

the term “contingency operation” has the meaning given such term by section 1482a(c) of title 10 . (b) Quarters and Rations .— The head of an agency may provide quarters and rations, without charge, to any covered employee of such agency during the period of such employee’s temporary assignment (as described in subsection (a)(1)(B)). (c) Storage of Motor Vehicle .— The head of an agency may provide for the storage, without charge, or for the reimbursement of the cost of storage, of a motor vehicle that is owned or leased by a covered employee of such agency (or by a dependent of such an employee) and that is for the personal use of the covered employee.

“covered employee” applies in that section

the term “covered employee” means an individual who— (A) is an employee of an Executive agency or a military department, excluding a Government controlled corporation; and (B) is assigned on a temporary change of station in support of a contingency operation; (2) the term “temporary change of station”, as used with respect to an employee, means an assignment— (A) from the employee’s official duty station to a temporary duty station; and (B) for which such employee is eligible for expenses under section 5737; and;

“employee” applies in that section

the term “employee” has the meaning given that term in section 2105, except that such term also includes an employee described in subsection (c) of that section. (b) The Office of Personnel Management may authorize the head of an agency to pay a bonus under this section to an individual only if— (1) the position to which such individual is appointed (as described in paragraph (2)(A)) or to which such individual moves or must relocate (as described in paragraph (2)(B)) is likely to be difficult to fill in the absence of such a bonus; and (2) the individual— (A) is newly appointed as an employee of the Federal Government; or (B) (i) is currently employed by the Federal Government; and (ii) …

“employee” applies in that section

the term “employee” has the meaning given that term in section 2105, except that such term also includes an employee described in subsection (c) of that section. (b) The Office of Personnel Management may authorize the head of an agency to pay a retention bonus to an employee 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 agency determines that, in the absence of a retention bonus, the employee would be likely to leave— (A) the Federal service; or (B) for a different position in the Federal service under conditions described in regulations of the Office.

“family member” applies in that section

the term “family member” has the meaning given the term in section 451(a) of title 37 . (d) Travel and Transportation Authorized .— (1) The transportation authorized by subsection (a) is round-trip transportation between the home of the family member (or home of the attendant or person provided transportation under paragraph (2) or (3) of subsection (a), as the case may be) and the location of the repatriation site at which the employee is located.

“applicable locality-based comparability pay percentage” applies in that section

the term “applicable locality-based comparability pay percentage” means, with respect to calendar year 2010 and each calendar year thereafter, the applicable percentage under paragraph (1), (2), or (3) of section 1914 of Non-Foreign Area Retirement Equity Assurance Act of 2009.

“adverse agency impact” applies in that section

the term “adverse agency impact” has the meaning given such term by section 6131(b). (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.

“compressed schedule” applies in that section

the term “compressed schedule” has the meaning given such term by section 6121(5); and;

“intimidate, threaten, or coerce” applies in that section

the term “intimidate, threaten, or coerce” includes, but is not limited to, promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).

“employee” applies throughout its subchapter

the term “employee” includes any member of the Senior Foreign Service or any Foreign Service officer (other than a member or officer serving as chief of mission or in a position which requires appointment by and with the advice and consent of the Senate) and any member of the Foreign Service commissioned as a diplomatic or consular officer, or both, under section 312 of the Foreign Service Act of 1980.

“combat zone” applies in that section

the term “combat zone” has the meaning given such term in section 112(c)(2) of the Internal Revenue Code of 1986. (e) Annual leave otherwise accruable after June 30, 1960 , which is lost by operation of this section because of administrative error and which is not credited under subsection (d)(2) of this section because the employee is separated before the error is discovered, is subject to credit and liquidation by lump-sum payment only if a claim therefor is filed within 3 years immediately following the date of discovery of the error.

“Department of Defense emergency essential employee” applies in that section

the term “Department of Defense emergency essential employee” means an employee of the Department of Defense who is designated under section 1580 of title 10 as an emergency essential employee; and;

“realignment” applies in that section

the term “realignment” means a base realignment (as defined in subsection (e)(3) of section 2687 of title 10 ) that meets the requirements of subsection (a)(2) of such section. (4) (A) For the purpose of this subsection, service of a Department of Defense emergency essential employee in a combat zone is an exigency of the public business for that employee. Any leave that, by reason of such service, is lost by the employee by operation of this section (regardless of whether such leave was scheduled) shall be restored to the employee and shall be credited and available in accordance with paragraph (2). (B) As used in subparagraph (A)—;

“employee” applies in that section

the term “employee” has the meaning given such term in section 2105, and includes— (A) an officer or employee of the United States Postal Service or the Postal Regulatory Commission; and (B) notwithstanding subsection (a) of section 7421 of title 38 , an individual occupying a position listed in subsection (b) of such section;

“service-connected” applies in that section

the term “service-connected” has the meaning given such term in section 101(16) of title 38 ; and;

“veteran” applies in that section

the term “veteran” has the meaning given such term in section 101(2) of such title.

“administrative leave” applies in that section

the term “administrative leave” means leave— (A) without loss of or reduction in— (i) pay; (ii) leave to which an employee is otherwise entitled under law; or (iii) credit for time or service; and (B) that is not authorized under any other provision of law;

“agency” applies in that section

the term “agency”— (A) means an Executive agency (as defined in section 105 of this title ); (B) includes the Department of Veterans Affairs; and (C) does not include the Government Accountability Office; and;

“employee” applies in that section

the term “employee”— (A) has the meaning given the term in section 2105; and (B) does not include an intermittent employee who does not have an established regular tour of duty during the administrative workweek. (b) Administrative Leave.— (1) In general .— During any calendar year, an agency may place an employee in administrative leave for a period of not more than a total of 10 work days. (2) Records .— An agency shall record administrative leave separately from leave authorized under any other provision of law.

“agency” applies in that section

the term “agency”— (A) means an Executive agency (as defined in section 105 of this title ); (B) includes the Department of Veterans Affairs; and (C) does not include the Government Accountability Office;

“Chief Human Capital Officer” applies in that section

the term “Chief Human Capital Officer” means— (A) the Chief Human Capital Officer of an agency designated or appointed under section 1401; or (B) the equivalent; (3) the term “committees of jurisdiction”, with respect to an agency, means each committee of the Senate or House of Representatives with jurisdiction over the agency;

“Director” applies in that section

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

“employee” applies in that section

the term “employee”— (A) has the meaning given the term in section 2105; and (B) does not include— (i) an intermittent employee who does not have an established regular tour of duty during the administrative workweek; or (ii) the Inspector General of an agency;

“investigative entity” applies in that section

the term “investigative entity” means— (A) an internal investigative unit of an agency granting investigative leave under this section; (B) the Office of Inspector General of an agency granting investigative leave under this section; (C) the Attorney General; and (D) the Office of Special Counsel;

“investigative leave” applies in that section

the term “investigative leave” means leave— (A) without loss of or reduction in— (i) pay; (ii) leave to which an employee is otherwise entitled under law; or (iii) credit for time or service; (B) that is not authorized under any other provision of law; and (C) in which an employee who is the subject of an investigation is placed;

“notice leave” applies in that section

the term “notice leave” means leave— (A) without loss of or reduction in— (i) pay; (ii) leave to which an employee is otherwise entitled under law; or (iii) credit for time or service; (B) that is not authorized under any other provision of law; and (C) in which an employee who is in a notice period is placed; and;

“notice period” applies in that section

the term “notice period” means a period beginning on the date on which an employee is provided notice required under law of a proposed adverse action against the employee and ending on the date on which an agency may take the adverse action.

“agency” applies in that section

the term “agency”— (A) means an Executive agency (as defined in section 105 of this title ); (B) includes the Department of Veterans Affairs; and (C) does not include the Government Accountability Office; and;

“employee” applies in that section

the term “employee”— (A) has the meaning given the term in section 2105; and (B) does not include an intermittent employee who does not have an established regular tour of duty during the administrative workweek.

“employee” applies in that section

the terms “employee” and “son or daughter” have the meanings given those terms in section 6381; and;

“paid leave” applies in that section

the term “paid leave” means, with respect to an employee, leave without loss of or reduction in— (A) pay; (B) leave to which the employee is otherwise entitled under law; or (C) credit for time or service. (b) Bereavement Leave.— (1) In general .— Subject to paragraphs (2) and (3), an employee shall be entitled to a total of 2 administrative workweeks of paid leave during any 12-month period because of the death of a son or daughter of the employee. (2) Limitation .— Leave under paragraph (1) may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise.

“son or daughter” applies in that section

the terms “employee” and “son or daughter” have the meanings given those terms in section 6381; and;

“employee” applies throughout its subchapter

the term “employee” means an employee as defined by section 6301(2), excluding an individual employed by the government of the District of Columbia;

“leave donor” applies throughout its subchapter

the term “leave donor” means an employee whose application to make 1 or more donations of leave under this subchapter is approved; and;

“leave recipient” applies throughout its subchapter

the term “leave recipient” means an employee whose application to receive donations of leave under this subchapter is approved;

“medical emergency” applies throughout its subchapter

the term “medical emergency” means a medical condition of an employee or a family member of such employee that is likely to require the prolonged absence of such employee from duty and to result in a substantial loss of income to such employee because of the unavailability of paid leave (disregarding any advanced leave).

“intimidate, threaten, or coerce” applies in that section

the term “intimidate, threaten, or coerce” includes promising to confer or conferring any benefit (such as an appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).

“excepted agency” applies in that section

the term “excepted agency” means— (A) the Central Intelligence Agency; (B) the Defense Intelligence Agency; (C) the National Security Agency; (D) the Federal Bureau of Investigation; (E) the National Geospatial-Intelligence Agency; and (F) as determined by the President, any Executive agency or unit thereof, the principal function of which is the conduct of foreign intelligence or counterintelligence activities; and;

“head of an excepted agency” applies in that section

the term “head of an excepted agency” means— (A) with respect to the Central Intelligence Agency, the Director of Central Intelligence; (B) with respect to the Defense Intelligence Agency, the Director of the Defense Intelligence Agency; (C) with respect to the National Security Agency, the Director of the National Security Agency; (D) with respect to the Federal Bureau of Investigation, the Director of the Federal Bureau of Investigation; (E) with respect to the National Geospatial-Intelligence Agency, the Director of the National Geospatial-Intelligence Agency; and (F) with respect to an Executive agency designated under paragraph (1)(F), the head of such Executive agency, and with …

“intimidate, threaten, or coerce” applies in that section

the term “intimidate, threaten, or coerce” includes promising to confer or conferring any benefit (such as an appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).

“excepted agency” applies in that section

the term “excepted agency” has the same meaning as such term is defined under section 6339(a)(1) of this title ; and;

“head of an excepted agency” applies in that section

the term “head of an excepted agency” has the same meaning as such term is defined under section 6339(a)(2) of this title . (b) (1) Except as provided in paragraph (2) and notwithstanding any other provision of this subchapter, neither an excepted agency nor any individual employed in or under an excepted agency may be included in a leave bank program established under any of the preceding provisions of this subchapter.

“covered active duty” applies throughout its subchapter

the term “covered active duty” means— (A) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and (B) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10 , United States Code;

“covered servicemember” applies throughout its subchapter

the term “covered servicemember” means— (A) a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (B) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy; (9) the term “outpatient status”, …

“employee” applies throughout its subchapter

the term “employee” means any individual who— (A) is an “employee”, as defined by section 6301(2), including any individual employed in a position referred to in clause (ix) of section 6301(2), but excluding any individual employed by the government of the District of Columbia 1 any individual employed on a temporary or intermittent basis, and any employee of the Government Accountability Office or the Library of Congress; and (B) has completed at least 12 months of service— (i) as an employee (as that term is defined in section 2105) of the Government of the United States, including service with the United States Postal Service, the Postal Regulatory Commission, and a nonappropriated fund …

“health care provider” applies throughout its subchapter

the term “health care provider” means— (A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; and (B) any other person determined by the Director of the Office of Personnel Management to be capable of providing health care services;

“parent” applies throughout its subchapter

the term “parent” means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter;

“reduced leave schedule” applies throughout its subchapter

the term “reduced leave schedule” means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee;

“serious health condition” applies throughout its subchapter

the term “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves— (A) inpatient care in a hospital, hospice, or residential medical care facility; or (B) continuing treatment by a health care provider;

“serious injury or illness” applies throughout its subchapter

the term “serious injury or illness”— (A) in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating; and (B) in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period described in paragraph (8)(B), …

“son or daughter” applies throughout its subchapter

the term “son or daughter” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is— (A) under 18 years of age; or (B) 18 years of age or older and incapable of self-care because of a mental or physical disability;

“veteran” applies throughout its subchapter

the term “veteran” has the meaning given the term in section 101 of title 38 , United States Code.

“employee” applies in that section

the term “employee” means any “employee”, as defined by section 2105.

“intimidate, threaten, or coerce” applies in that section

the term “intimidate, threaten, or coerce” includes promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or taking or threatening to take any reprisal (such as deprivation of appointment, promotion, or compensation); and;

“employee” applies throughout its chapter

The term “employee” has the meaning given that term under section 2105. (2) Executive agency .— Except as provided in section 6506,

“executive agency” applies throughout its chapter

the term “executive agency” has the meaning given that term under section 105. (3) Telework .— 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.

“supervisor” applies throughout its chapter

the term “supervisor” includes only those individuals who devote a preponderance of their employment time to exercising such authority; (11) “management official” means an individual employed by an agency in a position the duties and responsibilities of which require or authorize the individual to formulate, determine, or influence the policies of the agency; (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 …

“active part in political management or in a political campaign” applies in that section

the term “active part in political management or in a political campaign” means those acts of political management or political campaigning which were prohibited for employees of the competitive service before July 19, 1940 , by determinations of the Civil Service Commission under the rules prescribed by the President. (c) An employee retains the right to vote as he chooses and to express his opinion on political subjects and candidates.

“intelligence community” applies in that section

the term “intelligence community” has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) ). 1 (g) (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.

“officer or employee” applies in that section

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.

“supervising ethics office” applies in that section

the term “supervising ethics office” means— (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; (B) the Select Committee on Ethics of the Senate, or the Senate as a whole, for Senators, officers, and employees of the Senate; (C) the Judicial Conference of the United States for judges and judicial branch officers and employees; (D) the Office of Government Ethics for all executive branch officers and employees; and (E) in the case of legislative branch officers and employees other than those specified in subparagraphs (A) and (B), the committee …

“agency” applies in that section

the term “agency” means an Executive agency.

“agency” applies in that section

the term “agency” means an Executive agency.

“agency” applies in that section

the term “agency”— (A) has the meaning given the term in section 2302(a)(2)(C), without regard to whether any other provision of this chapter is applicable to the entity; and (B) does not include any entity that is an element of the intelligence community, as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 );

“prohibited personnel action” applies in that section

the term “prohibited personnel action” means taking or failing to take an action in violation of paragraph (8), (9), or (14) of section 2302(b) against an employee of an agency; and;

“supervisor” applies in that section

the term “supervisor” means an employee who would be a supervisor, as defined in section 7103(a), if the entity employing the employee was an agency. (b) Proposed Disciplinary Actions.— (1) In general .— Subject to section 1214(f), if the head of the agency in which a supervisor is employed, an administrative law judge, the Merit Systems Protection Board, the Special Counsel, a judge of the United States, or the Inspector General of the agency in which a supervisor is employed has determined that the supervisor committed a prohibited personnel action, the head of the agency in which the supervisor is employed, consistent with the procedures required under paragraph (2)— (A) for the first …

“agency” applies in that section

the term “agency” means— (A) an Executive agency; (B) an entity of the legislative branch; and (C) the judicial branch;

“employee” applies in that section

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;

“entity of the legislative branch” applies in that section

the term “entity of the legislative branch” means the House of Representatives, the Senate, the Office of the Architect of the Capitol (including the Botanic Garden), the Capitol Police, the Congressional Budget Office, the Copyright Royalty Tribunal, the Government Publishing Office, the Library of Congress, and the Office of Technology Assessment; and;

“transit pass” applies in that section

the term “transit pass” means a transit pass as defined by section 132(f)(5) of the Internal Revenue Code of 1986. (b) (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.

“qualified employee” applies in that section

the term “qualified employee” means an employee as described in subsection (b). (b) Requirement .— 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.

“physician” applies throughout its subchapter

The term “physician” includes chiropractors only to the extent that their reimbursable services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, and subject to regulation by the Secretary; (3) “medical, surgical, and hospital services and supplies” includes services and supplies by podiatrists, dentists, clinical psychologists, optometrists, chiropractors, osteopathic practitioners and hospitals within the scope of their practice as defined by State law.

“contingency operation” applies in that section

The term “contingency operation” has the meaning given to that term in section 1482a(c) of title 10 , United States Code.;

“employee” applies in that section

The term “employee” has the meaning provided in section 8101 of this title , but also includes a nonappropriated fund instrumentality employee, as defined in section 1587(a)(1) of title 10 .

“applicant for membership” applies in that section

the term “applicant for membership” includes a student enrolled, during a semester or other enrollment term, in a course which is part of Reserve Officers’ Training Corps instruction at an educational institution.

“employee in fire protection activities” applies in that section

The term “employee in fire protection activities” means an employee employed as a firefighter (including a wildland firefighter), paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker who— (A) is trained in fire suppression; (B) has the legal authority and responsibility to engage in fire suppression; (C) is engaged in the prevention, control, or extinguishment of fires or response to emergency situations in which life, property, or the environment is at risk, including the prevention, control, suppression, or management of wildland fires; and (D) performs the activities described in subparagraph (C) as a primary responsibility of the job …

“rule” applies in that section

The term “rule” has the meaning given the term in section 804. (3) Secretary .—

“Secretary” applies in that section

The term “Secretary” means the Secretary of Labor. (b) Certain Illnesses and Diseased 1 Deemed to Be Proximately Caused by Employment in Fire Protection Activities.— (1) In general .— For a claim under this subchapter of disability or death of an employee who has been employed for not less than 5 years in aggregate as an employee in fire protection activities, an illness or disease specified on the list established under paragraph (2) shall be deemed to be proximately caused by the employment of that employee, if the employee is diagnosed with that illness or disease not later than 10 years after the last activedate 2 of employment as an employee in fire protection activities.

“Attorney General” applies throughout its subchapter

The term “Attorney General” includes any person to whom the Attorney General has delegated any function pursuant to subsection (b) of this section.;

“Secretary of Labor” applies throughout its subchapter

The term “Secretary of Labor” includes any person to whom the Secretary of Labor has delegated any function pursuant to subsection (b) of this section. (b) Delegation.— (1) The Attorney General may delegate to any division, officer, or employee of the Department of Justice any function conferred upon the Attorney General by this subchapter. (2) The Secretary of Labor may delegate to any bureau, officer, or employee of the Department of Labor any function conferred upon the Secretary of Labor by this subchapter.

“air traffic controller” applies in that section

the term “air traffic controller” or “controller” means— (A) a controller within the meaning of section 2109(1); and (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); (31) “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 …

“controller” applies in that section

the term “air traffic controller” or “controller” means— (A) a controller within the meaning of section 2109(1); and (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); (31) “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 …

“child” applies in that section

the term “child” has the meaning given such term by section 8341.

“Member” applies in that section

the term “Member” has the meaning given such term by section 2106, notwithstanding section 8331(2); and;

“contribution and benefit base” applies in that section

the term “contribution and benefit base” means the contribution and benefit base in effect with respect to the period involved, as determined under section 230 of the Social Security Act; (iii) the term “total deduction”, as used with respect to any Federal wages (or portion thereof), means an amount equal to the amount of those wages (or of that portion), multiplied by the percentage which (but for this subsection) would apply under subsection (a)(1)(A) with respect to the individual involved; and (iv) the term “OASDI contribution”, with respect to any income, means the amount of tax which may be imposed under section 3101(a) of the Internal Revenue Code of 1986 with respect to such income …

“Federal wages” applies in that section

the term “Federal wages” means basic pay for service as an employee or Member, as the case may be;

“air traffic controller” applies in that section

the term “air traffic controller” or “controller” has the meaning given to it under section 8331(29)(A). 1 (b) (1) A law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which that officer, firefighter, or courier, as the case may be, becomes 57 years of age or completes 20 years of service if then over that age.

“controller” applies in that section

the term “air traffic controller” or “controller” has the meaning given to it under section 8331(29)(A). 1 (b) (1) A law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which that officer, firefighter, or courier, as the case may be, becomes 57 years of age or completes 20 years of service if then over that age.