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5 U.S.C. § 7511 — Definitions; application
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this subchapter—
(1) “employee” means—
(A) an individual in the competitive service—
(i) who is not serving a probationary or trial period under an initial appointment; or
(ii) who has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less;
(B) a preference eligible in the excepted service who has completed 1 year of current continuous service in the same or similar positions—
(i) in an Executive agency; or
(ii) in the United States Postal Service or Postal Regulatory Commission; and
(C) an individual in the excepted service (other than a preference eligible)—
(i) who is not serving a probationary or trial period under an initial appointment pending conversion to the competitive service; or
(ii) who has completed 2 years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to 2 years or less;
(2) “suspension” has the same meaning as set forth in [section 7501(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7501/2&num=0&edition=prelim);
(3) “grade” means a level of classification under a position classification system;
(4) “pay” means the rate of basic pay fixed by law or administrative action for the position held by an employee; and
(5) “furlough” means the placing of an employee in a temporary status without duties and pay because of lack of work or funds or other nondisciplinary reasons.
**(b)** This subchapter does not apply to an employee—
(1) whose appointment is made by and with the advice and consent of the Senate;
(2) whose position has been determined to be of a confidential, policy-determining, policy-ma
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Stable record: federal_law:legal_authorities:record_usc_896c8821a8d017ad03caabf2
Source file: Laws/federal/codes/united-states-code/title-5/section-7511-definitions-application--a2fc2bfb77.md
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Passage SHA-256: 5150a63c66f402840d3fe866af465b412b34c00d3a2c2608019ed26287845cbf
Source location: Title 5, Chapter 75, § 7511; chapter-075-adverse-actions.md
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**(a)** For the purpose of this subchapter—
(1) “employee” means—
(A) an individual in the competitive service—
(i) who is not serving a probationary or trial period under an initial appointment; or
(ii) who has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less;
(B) a preference eligible in the excepted service who has completed 1 year of current continuous service in the same or similar positions—
(i) in an Executive agency; or
(ii) in the United States Postal Service or Postal Regulatory Commission; and
(C) an individual in the excepted service (other than a preference eligible)—
(i) who is not serving a probationary or trial period under an initial appointment pending conversion to the competitive service; or
(ii) who has completed 2 years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to 2 years or less;
(2) “suspension” has the same meaning as set forth in [section 7501(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7501/2&num=0&edition=prelim);
(3) “grade” means a level of classification under a position classification system;
(4) “pay” means the rate of basic pay fixed by law or administrative action for the position held by an employee; and
(5) “furlough” means the placing of an employee in a temporary status without duties and pay because of lack of work or funds or other nondisciplinary reasons.
**(b)** This subchapter does not apply to an employee—
(1) whose appointment is made by and with the advice and consent of the Senate;
(2) whose position has been determined to be of a confidential, policy-determining, policy-making or policy-advocating character by—
(A) the President for a position that the President has excepted from the competitive service;
(B) the Office of Personnel Management for a position that the Office has excepted from the competitive service; or
(C) the President or the head of an agency for a position excepted from the competitive service by statute;
(3) whose appointment is made by the President;
(4) who is receiving an annuity from the Civil Service Retirement and Disability Fund, or the Foreign Service Retirement and Disability Fund, based on the service of such employee;
(5) Repealed. Pub. L. 114–328, div. A, title V, § 512(c), Dec. 23, 2016, 130 Stat. 2112.]
(6) who is a member of the Foreign Service, as described in section 103 of the Foreign Service Act of 1980;
(7) whose position is within the Central Intelligence Agency or the Government Accountability Office;
(8) whose position is within the United States Postal Service, the Postal Regulatory Commission, the Panama Canal Commission, the Tennessee Valley Authority, the Federal Bureau of Investigation, an intelligence component of the Department of Defense (as defined in [section 1614 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1614&num=0&edition=prelim)), or an intelligence activity of a military department covered under subchapter I of chapter 83 of title 10, unless subsection (a)(1)(B) of this section or [section 1005(a) of title 39](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section1005/a&num=0&edition=prelim) is the basis for this subchapter’s applicability;
(9) who is described in [section 5102(c)(11) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5102/c/11&num=0&edition=prelim); or
(10) who holds a position within the Veterans Health Administration which has been excluded from the competitive service by or under a provision of title 38, unless such employee was appointed to such position under section 7401(3) of such title.
**(c)** The Office may provide for the application of this subchapter to any position or group of positions excepted from the competitive service by regulation of the Office which is not otherwise covered by this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Allowance Authorized.—**
(1) The Secretary of Defense may pay an allowance to each civilian employee of the Department of Defense who is required by law or regulation to wear a prescribed uniform in the performance of official duties.
(2) In lieu of providing an allowance under paragraph (1), the Secretary may provide a uniform to a civilian employee referred to in such paragraph.
(3) This subsection shall not apply with respect to a civilian employee of the Defense Intelligence Agency who is entitled to an allowance under [section 1622 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1622&num=0&edition=prelim).
**(b) Amount of Allowance.—** Notwithstanding [section 5901(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5901/a&num=0&edition=prelim), the amount of an allowance paid, and the cost of uniforms provided, under subsection (a) to a civilian employee may not exceed $400 per year (or such higher maximum amount as the Secretary of Defense may by regulation prescribe).
**(c) Treatment of Allowance.—** An allowance paid, or uniform provided, under subsection (a) shall be treated in the same manner as is provided in [section 5901(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5901/c&num=0&edition=prelim) for an allowance paid under that section.
**(d) Use of Appropriated Funds for Allowance.—** Amounts appropriated annually to the Department of Defense for the pay of civilian employees may be used for uniforms, or for allowance for uniforms, as authorized by this section and [section 5901 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5901&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1593
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding subsection (f) of [section 5754 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5754&num=0&edition=prelim), the Secretary of Defense or Secretary of a military department may waive the limit established under subsection (e)(1) of such section and pay an otherwise eligible employee or category of employees in the territory of Guam retention bonuses of up to 50 percent of basic pay, based on a critical agency need.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1599e
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to the provisions of this section, an agency may reduce in grade or remove an employee for unacceptable performance.
**(b)**
(1) An employee whose reduction in grade or removal is proposed under this section is entitled to—
(A) 30 days’ advance written notice of the proposed action which identifies—
(i) specific instances of unacceptable performance by the employee on which the proposed action is based; and
(ii) the critical elements of the employee’s position involved in each instance of unacceptable performance;
(B) be represented by an attorney or other representative;
(C) a reasonable time to answer orally and in writing; and
(D) a written decision which—
(i) in the case of a reduction in grade or removal under this section, specifies the instances of unacceptable performance by the employee on which the reduction in grade or removal is based, and
(ii) unless proposed by the head of the agency, has been concurred in by an employee who is in a higher position than the employee who proposed the action.
(2) An agency may, under regulations prescribed by the head of such agency, extend the notice period under subsection (b)(1)(A) of this section for not more than 30 days. An agency may extend the notice period for more than 30 days only in accordance with regulations issued by the Office of Personnel Management.
**(c)** The decision to retain, reduce in grade, or remove an employee—
(1) shall be made within 30 days after the date of expiration of the notice period, and
(2) in the case of a reduction in grade or removal, may be based only on those instances of unacceptable performance by the employee—
(A) which occurred during the 1-year period ending on the date of the notice under subsection (b)(1)(A) of this sec
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 4303
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; and
(2) “suspension” means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7501
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) The term “defense intelligence position” means a civilian position as an intelligence officer or intelligence employee of the Department of Defense.
(2) The term “intelligence component of the Department of Defense” means any of the following:
(A) The National Security Agency.
(B) The Defense Intelligence Agency.
(C) The National Geospatial-Intelligence Agency.
(D) Any other component of the Department of Defense that performs intelligence functions and is designated by the Secretary of Defense as an intelligence component of the Department of Defense.
(E) Any successor to a component specified in, or designated pursuant to, this paragraph.
(3) The term “congressional oversight committees” means—
(A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(4) The term “excepted service” has the meaning given such term in [section 2103 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2103&num=0&edition=prelim).
(5) The term “preference eligible” has the meaning given such term in [section 2108(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2108/3&num=0&edition=prelim).
(6) The term “Senior Executive Service position” has the meaning given such term in [section 3132(a)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a/2&num=0&edition=prelim).
(7) The term “collective bargaining agreement” has the meaning given such term in [section 7103(8) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7103/8&num=0&edit
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1614
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 99–569, title V, § 504(a), Oct. 27, 1986, 100 Stat. 3198; amended Pub. L. 100–178, title VI, § 602(b), Dec. 2, 1987, 101 Stat. 1016; Pub. L. 101–193, title V, § 503(a), Nov. 30, 1989, 103 Stat. 1708; Pub. L. 102–496, title IV, § 402(a), Oct. 24, 1992, 106 Stat. 3184; Pub. L. 103–35, title II, § 201(g)(2), May 31, 1993, 107 Stat. 100, related to management of civilian intelligence personnel of the military departments. See sections 1601 to 1603, 1606, and 1609 of this title.
#### Effective Date of Repeal
Repeal effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under [section 1593 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1593&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1590
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
The following are the members of the Service:
(1) Chiefs of mission, appointed under [section 3942(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a/1&num=0&edition=prelim) or assigned under [section 3982(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3982/c&num=0&edition=prelim).
(2) Ambassadors at large, appointed under [section 3942(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a/1&num=0&edition=prelim).
(3) Members of the Senior Foreign Service, appointed under section 3942(a)(1) or 3943 of this title, who are the corps of leaders and experts for the management of the Service and the performance of its functions.
(4) Foreign Service officers, appointed under [section 3942(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3942/a/1&num=0&edition=prelim), who have general responsibility for carrying out the functions of the Service.
(5) Foreign Service personnel, United States citizens appointed under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim), who provide skills and services required for effective performance by the Service.
(6) Foreign national employees, foreign nationals appointed under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num=0&edition=prelim), who provide clerical, administrative, technical, fiscal, and other support at Foreign Service posts abroad.
(7) Consular agents, appointed under [section 3943 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3943&num
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3903
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Research on Effect of Automation on Performance.—** To develop the means necessary to establish appropriate selection criteria and training methodologies for the next generation of air traffic controllers, the Administrator of the Federal Aviation Administration shall conduct research to study the effect of automation on the performance of the next generation of air traffic controllers and the air traffic control system. The research shall include investigating—
(1) methods for improving and accelerating future air traffic controller training through the application of advanced training techniques, including the use of simulation technology;
(2) the role of automation in the air traffic control system and its physical and psychological effects on air traffic controllers;
(3) the attributes and aptitudes needed to function well in a highly automated air traffic control system and the development of appropriate testing methods for identifying individuals with those attributes and aptitudes;
(4) innovative methods for training potential air traffic controllers to enhance the benefits of automation and maximize the effectiveness of the air traffic control system; and
(5) new technologies and procedures for exploiting automated communication systems, including Mode S Transponders, to improve information transfers between air traffic controllers and aircraft pilots.
**(b) Research on Human Factor Aspects of Automation.—** The Administrators of the Federal Aviation Administration and National Aeronautics and Space Administration may make an agreement for the use of the National Aeronautics and Space Administration’s unique human factor facilities and expertise in conducting research activities to study the human factor aspects of the highly automated environment fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44506
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
**(b)**
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) 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.
(2)
(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
(ii)
(I) the relief granted in the decision prov
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7701
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