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5 U.S.C. § 5365 — Regulations
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
**(b)** Under such regulations, the Office may provide for the application of all or portions of the provisions of this subchapter (subject to any conditions or limitations the Office may establish)—
(1) to any individual reduced to a grade of a covered pay schedule from a position not subject to this subchapter;
(2) to individuals to whom such provisions do not otherwise apply; and
(3) to situations the application to which is justified for purposes of carrying out the mission of the agency or agencies involved.
Individuals with respect to whom authority under paragraph (2) may be exercised include individuals who are moved without a break in service of more than 3 days from employment in nonappropriated fund instrumentalities of the Department of Defense or the Coast Guard described in section 2105(c) to employment in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5365
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Source file: Laws/federal/codes/united-states-code/title-5/section-5365-regulations--ee2aa67347.md
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Source location: Title 5, Chapter 53, § 5365; chapter-053-pay-rates-and-systems.md
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**(a)** The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
**(b)** Under such regulations, the Office may provide for the application of all or portions of the provisions of this subchapter (subject to any conditions or limitations the Office may establish)—
(1) to any individual reduced to a grade of a covered pay schedule from a position not subject to this subchapter;
(2) to individuals to whom such provisions do not otherwise apply; and
(3) to situations the application to which is justified for purposes of carrying out the mission of the agency or agencies involved.
Individuals with respect to whom authority under paragraph (2) may be exercised include individuals who are moved without a break in service of more than 3 days from employment in nonappropriated fund instrumentalities of the Department of Defense or the Coast Guard described in section 2105(c) to employment in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically modified, means an officer and an individual who is—
(1) appointed in the civil service by one of the following acting in an official capacity—
(A) the President;
(B) a Member or Members of Congress, or the Congress;
(C) a member of a uniformed service;
(D) an individual who is an employee under this section;
(E) the head of a Government controlled corporation; or
(F) an adjutant general designated by the Secretary concerned under [section 709(c) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/c&num=0&edition=prelim);
(2) engaged in the performance of a Federal function under authority of law or an Executive act; and
(3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position.
**(b)** An individual who is employed at the United States Naval Academy in the midshipmen’s laundry, the midshipmen’s tailor shop, the midshipmen’s cobbler and barber shops, and the midshipmen’s store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee.
**(c)** An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Navy Ships Stores Program, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an emp
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2105
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Smithsonian Institution shall fix the annual rates of basic pay for positions on the police force of the National Zoological Park as follows:
(1) Private, not more than the maximum annual rate of basic pay payable for grade GS–7 of the General Schedule.
(2) Sergeant, not more than the maximum annual rate of basic pay payable for grade GS–8 of the General Schedule.
(3) Lieutenant, not more than the maximum annual rate of basic pay payable for grade GS–9 of the General Schedule.
(4) Captain, not more than the maximum annual rate of basic pay payable for grade GS–10 of the General Schedule.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5375
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any employee—
(1) who ceases to be entitled to the benefits of [section 5362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5362&num=0&edition=prelim) by reason of the expiration of the 2-year period of coverage provided under such section;
(2) who is in a position subject to this subchapter and who is subject to a reduction or termination of a special rate of pay established under [section 5305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5305&num=0&edition=prelim) (or corresponding prior provision of this title);
(3) who is in a position subject to this subchapter and who (but for this section) would be subject to a reduction in pay under circumstances prescribed by the Office of Personnel Management by regulation to warrant the application of this section; or
(4) who is in a position subject to this subchapter and who is subject to a reduction or termination of a rate of pay established under subchapter IX of chapter 53;
is entitled to a rate of basic pay in accordance with regulations prescribed by the Office of Personnel Management in conformity with the provisions of this section.
**(b)**
(1)
(A) If, as a result of any event described in subsection (a), the employee’s former rate of basic pay is less than or equal to the maximum rate of basic pay payable for the grade of the employee’s position immediately after the occurrence of the event involved, the employee is entitled to basic pay at the lowest rate of basic pay payable for such grade that equals or exceeds such former rate of basic pay.
(B) This section shall cease to apply to an employee to whom subparagraph (A) applies once the appropriate rate of basic pay has been determined for such employee unde
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5363
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation of Employees as Special Police.—** Subject to [section 5375 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5375&num=0&edition=prelim), the Secretary of the Smithsonian Institution, the Trustees of the National Gallery of Art, and the Trustees of the John F. Kennedy Center for the Performing Arts (or their designees) may designate employees of their respective agencies as special police, without additional compensation, for duty in connection with the policing of their respective specified buildings and grounds.
**(b) Powers.—** The employees designated as special police under subsection (a)—
(1) may, within the specified buildings and grounds, enforce, and make arrests for violations of, sections 6302 and 6303 of this title, any regulation prescribed under [section 6304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section6304&num=0&edition=prelim), federal or state law, or any regulation prescribed under federal or state law; and
(2) may enforce concurrently with the United States Park Police the laws and regulations applicable to the National Capital Parks, and may make arrests for violations of sections 6302 and 6303 of this title, within the several areas located within the exterior boundaries of the face of the curb lines of the squares within which the specified buildings and grounds are located.
**(c) Uniforms and Other Equipment.—** The employees designated as special police under subsection (a) may be provided, without charge, with uniforms and other equipment as may be necessary for the proper performance of their duties, including badges, revolvers, and ammunition.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 6306
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this chapter—
(1) “agency” means—
(A) an Executive agency;
(B) the Library of Congress;
(C) the Botanic Garden;
(D) the Government Publishing Office;
(E) the Office of the Architect of the Capitol; and
(F) the government of the District of Columbia;
but does not include—
(i) a Government controlled corporation;
(ii) the Tennessee Valley Authority;
(iii) the Virgin Islands Corporation;
(iv) the Atomic Energy Commission;
(v) the Central Intelligence Agency;
(vi) the National Security Agency, Department of Defense;
(vii) the Government Accountability Office;
(viii) the Office of the Director of National Intelligence;
(ix) the Defense Intelligence Agency, Department of Defense; or
(x) the National Geospatial-Intelligence Agency, Department of Defense;
(2) “employee” means an individual employed in or under an agency;
(3) “position” means the work, consisting of the duties and responsibilities, assignable to an employee;
(4) “class” or “class of positions” includes all positions which are sufficiently similar, as to—
(A) kind or subject-matter of work;
(B) level of difficulty and responsibility; and
(C) the qualification requirements of the work;
to warrant similar treatment in personnel and pay administration; and
(5) “grade” includes all classes of positions which, although different with respect to kind or subject-matter of work, are sufficiently equivalent as to—
(A) level of difficulty and responsibility; and
(B) level of qualification requirements of the work;
to warrant their inclusion within one range of rates of basic pay in the General Schedule.
**(b)** Except as provided by subsections (c) and (d) of this section, this chapter applies to all civilian positions and
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5102
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The position held by an employee of the Department of Agriculture while he, under [section 450d of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section450d&num=0&edition=prelim),11 See References in Text note below. is designated and vested with a delegated regulatory function or part thereof shall be classified in accordance with this chapter, but not lower than GS–14.
**(b)**
(1) The position held by a fully experienced and qualified railroad safety inspector of the Department of Transportation shall be classified in accordance with this chapter, but not lower than GS–12.
(2) The position held by a railroad safety specialist of the Department shall be classified in accordance with this chapter, but not lower than GS–13.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5109
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any employee—
(1) who is placed as a result of reduction-in-force procedures from a position subject to this subchapter to another position which is subject to this subchapter and which is in a lower grade than the previous position, and
(2) who has served for 52 consecutive weeks or more in one or more positions subject to this subchapter at a grade or grades higher than that of the new position,
is entitled, to the extent provided in subsection (c) of this section, to have the grade of the position held immediately before such placement be considered to be the retained grade of the employee in any position he holds for the 2-year period beginning on the date of such placement.
**(b)**
(1) Any employee who is in a position subject to this subchapter and whose position has been reduced in grade is entitled, to the extent provided in subsection (c) of this section, to have the grade of such position before reduction be treated as the retained grade of such employee for the 2-year period beginning on the date of the reduction in grade.
(2) The provisions of paragraph (1) of this subsection shall not apply with respect to any reduction in the grade of a position which had not been classified at the higher grade for a continuous period of at least one year immediately before such reduction.
**(c)** For the 2-year period referred to in subsections (a) and (b) of this section, the retained grade of an employee under such subsection (a) or (b) shall be treated as the grade of the employee’s position for all purposes (including pay and pay administration under this chapter and chapter 55 of this title, retirement and life insurance under chapters 83, 84, and 87 of this title, and eligibility for training and promotion under this title) except—
(1) for purposes of
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5362
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Federal law — U.S. Code and appendices · legal_authorities
Page 616
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 5364
‘‘(2) CONVERSION RULES.—
‘‘(A) INDIVIDUALS RECEIVING A RETAINED RATE OR A
RATE
GREATER
THAN
THE
MAXIMUM
RATE
FOR
THE
GRADE.—Subject to any regulations the Office of Per-
sonnel Management may prescribe, an employee
under a covered pay schedule who, on the day before
the effective date of this section, is receiving a re-
tained rate under section 5363 of title 5, United States
Code, or is receiving under similar authority a rate of
basic pay that is greater than the maximum rate of
basic pay payable for the grade of the employee’s po-
sition shall have that rate converted as of the effec-
tive date of this section, and the employee shall be
considered to be receiving a retained rate under sec-
tion 5363 of such title (as amended by this section).
The newly applicable retained rate shall equal the
formerly applicable retained rate as adjusted to in-
clude any applicable locality-based payment under
section 5304 of title 5, United States Code, or similar
provision of law.
‘‘(B) DEFINITION.—For purposes of this paragraph,
the term ‘covered pay schedule’ has the meaning
given such term by section 5361 of title 5, United
States Code.’’
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–89 effective Nov. 1, 1993,
see section 3(c) of Pub. L. 103–89, set out as a note under
section 3372 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–509 effective on such date
as the President shall determine, but not earlier than
90 days, and not later than 180 days, after Nov. 5, 1990,
see section 529 [title III, § 305] of Pub. L. 101–509, set out
as a note under section 5301 of this title.
§ 5364. Remedial actions
Under regulations prescribed by the Office of
Personnel Man
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5365
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