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5 U.S.C. § 3501 — Definitions; application
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this subchapter, except section 3504—
(1) “active service” has the meaning given it by [section 101 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section101&num=0&edition=prelim);
(2) “a retired member of a uniformed service” means a member or former member of a uniformed service who is entitled, under statute, to retired, retirement, or retainer pay on account of his service as such a member; and
(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.
**(b)** Except as otherwise provided by this subsection and [section 3504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3504&num=0&edition=prelim), 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 Adminis
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Stable record: federal_law:legal_authorities:record_usc_2bbfd44d3e65a2759f53de5d
Source file: Laws/federal/codes/united-states-code/title-5/section-3501-definitions-application--d4bd72f528.md
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Source location: Title 5, Chapter 35, § 3501; chapter-035-retention-preference-voluntary-separation-incentive-payments-restoration-and-reemployment.md
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**(a)** For the purpose of this subchapter, except section 3504—
(1) “active service” has the meaning given it by [section 101 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section101&num=0&edition=prelim);
(2) “a retired member of a uniformed service” means a member or former member of a uniformed service who is entitled, under statute, to retired, retirement, or retainer pay on account of his service as such a member; and
(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.
**(b)** Except as otherwise provided by this subsection and [section 3504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3504&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
In addition to the definitions in sections 1–5 of title 1, the following definitions apply in this title:
(1)
(A) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(B) The term “continental United States” means the 48 contiguous States and the District of Columbia.
(2) The term “possessions” includes Guam, American Samoa, and the guano islands.
(3) The term “uniformed services” means the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force,and Coast Guard.
(5) The term “Secretary concerned” means—
(A) the Secretary of the Army, with respect to matters concerning the Army;
(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy;
(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force;
(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy;
(E) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration; and
(F) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service.
(6) The term “National Guard” means the Army National Guard and the Air National Guard.
(7) The term “Army National Guard” means that part of the organized militia of the several States, Puerto Rico, Guam, the Canal Zone, the Virgin Islands, and the District of Columbia, active and inactive, that—
(A) is a land force;
(B)
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this subchapter to establish a Senior Executive Service to ensure that the executive management of the Government of the United States is responsive to the needs, policies, and goals of the Nation and otherwise is of the highest quality. The Senior Executive Service shall be administered so as to—
(1) provide for a compensation system, including salaries, benefits, and incentives, and for other conditions of employment, designed to attract and retain highly competent senior executives;
(2) ensure that compensation, retention, and tenure are contingent on executive success which is measured on the basis of individual and organizational performance (including such factors as improvements in efficiency, productivity, quality of work or service, cost efficiency, and timeliness of performance and success in meeting equal employment opportunity goals);
(3) assure that senior executives are accountable and responsible for the effectiveness and productivity of employees under them;
(4) recognize exceptional accomplishment;
(5) enable the head of an agency to reassign senior executives to best accomplish the agency’s mission;
(6) provide for severance pay, early retirement, and placement assistance for senior executives who are removed from the Senior Executive Service for nondisciplinary reasons;
(7) protect senior executives from arbitrary or capricious actions;
(8) provide for program continuity and policy advocacy in the management of public programs;
(9) maintain a merit personnel system free of prohibited personnel practices;
(10) ensure accountability for honest, economical, and efficient Government;
(11) ensure compliance with all applicable civil service laws, rules, and regulations, including those related to equal employment opportunity
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3131
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “veteran” includes a person who died in the active military, naval, air, or space service.
(2) The term “period of war” includes, in the case of any veteran—
(A) any period of service performed by such veteran after November 11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, air, or space service after April 5, 1917, and before November 12, 1918; and
(B) any period of continuous service performed by such veteran after December 31, 1946, and before July 26, 1947, if such period began before January 1, 1947.
(3) The term “chronic disease” includes—Anemia, primary Arteriosclerosis Arthritis Atrophy, progressive muscular Brain hemorrhage Brain thrombosis Bronchiectasis Calculi of the kidney, bladder, or gallbladder Cardiovascular-renal disease, including hypertension Cirrhosis of the liver Coccidioidomycosis Diabetes mellitus Encephalitis lethargica residuals Endocarditis Endocrinopathies Epilepsies Hansen’s disease Hodgkin’s disease Leukemia Lupus erythematosus, systemic Myasthenia gravis Myelitis Myocarditis Nephritis Organic diseases of the nervous system Osteitis deformans (Paget’s disease) Osteomalacia Palsy, bulbar Paralysis agitans Psychoses Purpura idiopathic, hemorrhagic Raynaud’s disease Sarcoidosis Scleroderma Sclerosis, amyotrophic lateral Sclerosis, multiple Syringomyelia Thromboangiitis obliterans (Buerger’s disease) Tuberculosis, active Tumors, malignant, or of the brain or spinal cord or peripheral nerves Ulcers, peptic (gastric or duodenal) and such other chronic diseases as the Secretary may add to this list.
(4) The term “tropical disease” includes—Amebiasis Blackwater fever Cholera Dracontiasis Dysentery Filiariasis Hansen’s disease Leishmaniasis, including kal
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In determining qualifications of a preference eligible for retention in a position in the competitive service, an Executive agency, or the government of the District of Columbia, the Office of Personnel Management or other examining agency shall waive—
(1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and
(2) physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.
**(b)** If an examining agency determines that, on the basis of evidence before it, a preference eligible described in [section 2108(3)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2108/3/C&num=0&edition=prelim) who has a compensable service-connected disability of 30 percent or more is not able to fulfill the physical requirements of the position, the examining agency shall notify the Office of the determination and, at the same time, the examining agency shall notify the preference eligible of the reasons for the determination and of the right to respond, within 15 days of the date of the notification, to the Office. The Office shall require a demonstration by the appointing authority that the notification was timely sent to the preference eligible’s last known address and shall, before the selection of any other person for the position, make a final determination on the physical ability of the preference eligible to perform the duties of the position, taking into account any additional information provided in the response. When the Office has completed its review of the proposed disqua
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3504
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Department of Veterans Affairs is an executive department of the United States.
**(b)** The purpose of the Department is to administer the laws providing benefits and other services to veterans and the dependents and the beneficiaries of veterans.
**(c)** The Department is composed of the following:
(1) The Office of the Secretary.
(2) The Veterans Health Administration.
(3) The Veterans Benefits Administration.
(4) The National Cemetery Administration.
(5) The Board of Veterans’ Appeals.
(6) The Veterans’ Canteen Service.
(7) The Board of Contract Appeals.
(8) Such other offices and agencies as are established or designated by law or by the President or the Secretary.
(9) Any office, agency, or activity under the control or supervision of any element named in paragraphs (1) through (8).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee is entitled to annual leave with pay which accrues as follows—
(1) one-half day for each full biweekly pay period for an employee with less than 3 years of service;
(2) three-fourths day for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is one and one-fourth days, for an employee with 3 but less than 15 years of service; and
(3) one day for each full biweekly pay period for an employee with 15 or more years of service.
In determining years of service, an employee is entitled to credit for all service of a type that would be creditable under section 8332, regardless of whether or not the employee is covered by subchapter III of chapter 83, and for all service which is creditable by virtue of subsection (e). However, an employee who is a retired member of a uniformed service as defined by [section 3501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501&num=0&edition=prelim) is entitled to credit for active military service 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 line of duty during a period of war as defined by sections 101 and 1101 of title 38;
(B) that service was performed in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; 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.
The determination of years of service may be made on the basis of an affidavit of the employee. Leave
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6303
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Federal law — U.S. Code and appendices · legal_authorities
Page 445
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3502
2002—Pub. L. 107–296, title XIII, § 1313(a)(1)(B), Nov. 25,
2002, 116 Stat. 2294, substituted ‘‘RETENTION PREF-
ERENCE, VOLUNTARY SEPARATION INCENTIVE
PAYMENTS,
RESTORATION,
AND
REEMPLOY-
MENT’’ for ‘‘RETENTION PREFERENCE, RESTORA-
TION, AND REEMPLOYMENT’’ in chapter heading and
added item for subchapter II and items 3521 to 3525.
1994—Pub. L. 103–353, § 2(b)(2)(C), Oct. 13, 1994, 108
Stat. 3169, struck out item for subchapter II ‘‘RES-
TORATION AFTER ACTIVE DUTY OR TRAINING
DUTY’’ and item 3551 ‘‘Restoration; Reserves and Na-
tional Guardsmen’’.
1984—Pub. L. 98–615, title III, § 306(c)(2), Nov. 8, 1984, 98
Stat. 3220, added item 3595a.
1981—Pub. L. 97–35, title XVII, § 1704(a)(2), Aug. 13,
1981, 95 Stat. 757, redesignated item 3595 as 3596, and
added item 3595.
1980—Pub. L. 96–465, title II, § 2301(b), Oct. 17, 1980, 94
Stat. 2164, added item for subchapter VI and item 3597.
1978—Pub. L. 95–454, title IV, § 404(c), Oct. 13, 1978, 92
Stat. 1167, added item for subchapter V and items 3591
to 3595.
SUBCHAPTER I—RETENTION PREFERENCE
§ 3501. Definitions; application
(a) For the purpose of this subchapter, except
section 3504—
(1) ‘‘active service’’ has the meaning given it
by section 101 of title 37;
(2) ‘‘a retired member of a uniformed serv-
ice’’ means a member or former member of a
uniformed service who is entitled, under stat-
ute, to retired, retirement, or retainer pay on
account of his service as such a member; and
(3) a preference eligible employee who is a
retired member of a uniformed service is con-
sidered a preference eligible only if—
(A) his retirement was based on dis-
ability—
(i) resulting from injury or disease re-
ceived in line of duty as a direct result of
armed
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3501
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