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PART III-EMPLOYEES

Subpart A-General Provisions
CHAPTER
21-Definitions
29—Commissions, Oaths, Records, and Reports..

SEO. 2101 2901

Subpart B-Employment and Retention 31-Authority for Employment

3101 33-Examination, Selection, and Placement.

3301 35—Retention Preference, Restoration, and Reemployment. 3501

Subpart C-Employee Performance
41—Training-
43-Performance Rating
45-Incentive Awards

4101 4301 4501

Subpart D-Pay and Allowances
51-Classification
53–Pay Rates and Systems.
55—Pay Administration.
57–Travel, Transportation, and Subsistence..
59—Allowances

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5101 5301 5501 5701 5901

Subpart E-Attendance and Leave

61-Hours of Work.--
63—Leave..

6101 6301

Subpart F-Employee Relations
71—Policies.
73—Suitability, Security, and Conduct.
75Adverse Actions
77/Appeals
79_Services to Employees..

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7101 7301 7501 7701 7901

Subpart G Insurance and Annuities
81—Compensation for Work Injuries.
83–Retirement
85 Unemployment Compensation
87-Life Insurance..
89—Health Insurance

8101 8301 8501 8701 8901

Subpart A-General Provisions

CHAPTER 21-DEFINITIONS SEC. 2101. Civil service; armed forces; uniformed services. 2102. The competitive service. 2103. The excepted service. 2104. Officer. 2105. Employee. 2106. Member of Congress. 2107. Congressional employee. 2108. Veteran; disabled veteran; preference eligible. $ 2101. Civil service; armed forces; uniformed services For the purpose of this title

(1) the “civil service” consists of all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services;

(2)' "armed forces" means the Army, Navy, Air Force, Marine Corps, and Coast Guard; and

(3)'“uniformed services” means the armed forces, the commissioned corps of the Public Health Service, and the commissioned corps of the Environmental Science Services Administra

tion. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 408, amended Pub. L. 90–83, § 1(4), Sept. 11, 1967, 81 Stat. 196.) $ 2102. The competitive service (a) The "competitive service" consists of (1) all civil service positions in the executive branch, except

(A) positions which are specifically excepted from the competitive service by or under statute; and

(B) positions to which appointments are made by nomination for confirmation by the Senate, unless the Senate

otherwise directs; (2) civil service positions not in the executive branch which are specifically included in the competitive service by statute; and

(3) positions in the government of the District of Columbia which are specifically included in the competitive service by

statute. (b) Notwithstanding subsection (a)(1)(B), of this section, the "competitive service" includes positions to which appointments are made by nomination for confirmation by the Senate when specifically included therein by statute.

(c) As used in other Acts of Congress, "classified civil service" or “classified service” means the "competitive service”. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 408.) $ 2103. The excepted service

(a) For the purpose of this title, the "excepted service” consists of those civil service positions which are not in the competitive service.

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(b) As used in other Acts of Congress, "unclassified civil service” or "unclassified service” means the "excepted service". (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 408.) 8 2104. Officer

For the purpose of this title, "officer”, except when specifically modified, means a justice or judge of the United States and an individual who is

(1) required by law to be appointed in the civil service by one of the following

acting in an official capacity-
(A) the President;
(B) a court of the United States;
c) the head of an Executive agency; or

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

(3) subject to the supervision of an authority named by paragraph (1) of this section, or the Judicial Conference of the United States, while engaged in the performance of the duties

of his office.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 408.)
8 2105. Employee

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

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

(A) the President; (B) a Member or Members of Congress, or the Congress; C) a member of a uniformed service; (D) an individual who is an employee under this section; E) the head of a Government controlled corporation; or

(F) the adjutants general designated by the Secretary concerned under section 709(c) of title 32, United States

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

(3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the perform

ance of the duties of his position. (b) An individual employed at the United States Naval Academy in the midshipmen's laundry, the midshipmen's tailor shop, the midshipmen's cobbler and barber shops, and the midshipmen's store, except an individual employed by the Academy dairy, is deemed an employee

(c) An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Army and Air Force Motion Picture Service, Navy Ship's Stores Ashore, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces

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conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an employee for the purpose of

(1) laws administered by the Civil Service Commission; or

(2) subchapter I of chapter 81 and section 7902 of this title. This subsection does not affect the status of these nonappropriated fund activities as Federal instrumentalities.

(d) A Reserve of the armed forces who is not on active duty or who is on active duty for training is deemed not an employee or an individual holding an office of trust or profit or discharging an official function under or in connection with the United States because of his appointment, oath, or status, or any duties or functions performed or pay or allowances received in that capacity. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 409, amended Pub. L. 90-486, 84, Aug. 13, 1968, 82 Stat. 757.) $ 2106. Member of Congress

For the purpose of this title, “Member of Congress” means the Vice President, a member of the Senate or the House of Representatives, and the Resident Commissioner from Puerto Rico. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 409.) 8 2107. Congressional employee For the purpose of this title, "Congressional employee" means—

“ (1) an employee of either House of Congress, of a committee of either House, or of a joint committee of the two Houses;

(2) an elected officer of either House who is not a Member of Congress;

(3) the Legislative Counsel of either House and an employee of his office;

(4) a member of the Capitol Police;

(5) an employee of a Member of Congress if the pay of the employee is paid by the Secretary of the Senate or the Clerk of the House of Representatives;

(6) Repealed. Pub. L. 90–83, § 1(5)(A), Sept. 11, 1967, 81 Stat. 196.

(7) the Architect of the Capitol and an employee of the Architect of the Capitol; and

(8) an employee of the Botanic Garden. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 409, amended Pub. L. 90–83, $ 1(5), Sept. 11, 1967, 81 Stat. 196.) $ 2108. Veteran; disabled veteran; preference eligible For the purpose of this title(1) “veteran” means an individual who—

(A) served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning April 28, 1952, and ending July 1, 1955; or

(B) served on active duty as defined by section 101(21) of title 38 at any time in the armed forces for a period of

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