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5 U.S.C. § 5342 — Definitions; application

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5342 — Definitions; application

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Source file: Laws/federal/codes/united-states-code/title-5/section-5342-definitions-application--6059683935.md
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Source location: Title 5, Chapter 53, § 5342; chapter-053-pay-rates-and-systems.md

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**(a)** For the purpose of this subchapter— (1) “agency” means an Executive agency; but does not include— (A) a Government controlled corporation; (B) the Tennessee Valley Authority; (C) the Virgin Islands Corporation; (D) the Atomic Energy Commission; (E) the Central Intelligence Agency; (F) the National Security Agency, Department of Defense; (G) the Bureau of Engraving and Printing, except for the purposes of [section 5349 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5349&num=0&edition=prelim); (H) the Government Accountability Office; or 11 So in original. The word “or” probably should not appear. (J) 22 So in original. Subsec. (a)(1) does not contain a subpar. (I). the Defense Intelligence Agency, Department of Defense; or (K) the National Geospatial-Intelligence Agency, Department of Defense; (2) “prevailing rate employee” means— (A) an individual employed in or under an agency in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or laboring experience and knowledge as the paramount requirement; (B) an employee of a nonappropriated fund instrumentality described by [section 2105(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105/c&num=0&edition=prelim) who is employed in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or laboring experience and knowledge as the paramount requirement; and (C) an employee of the Veterans’ Canteen Service, Department of Veterans Affairs, excepted from chapter 51 of this title by [section 5102(c)(14) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5102/c/14&num=0&edition=prelim) who is employed in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or labor experience and knowledge as the paramount requirement; and (3) “position” means the work, consisting of duties and responsibilities, assignable to a prevailing rate employee. **(b)** (1) Except as provided by paragraphs (2) and (3) of this subsection, this subchapter applies to all prevailing rate employees and positions in or under an agency. (2) This subchapter does not apply to employees and positions described by [section 5102(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5102/c&num=0&edition=prelim) other than by— (A) paragraph (7) of that section to the extent that such paragraph (7) applies to employees and positions other than employees and positions of the Bureau of Engraving and Printing; and (B) paragraph (14) of that section. (3) This subchapter, except section 5348, does not apply to officers and members of crews of vessels excepted from chapter 51 of this title by [section 5102(c)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5102/c/8&num=0&edition=prelim). **(c)** Each prevailing rate employee employed within any of the several States or the District of Columbia shall be a United States citizen or a bona fide resident of one of the several States or the District of Columbia unless the Secretary of Labor certifies that no United States citizen or bona fide resident of one of the several States or the District of Columbia is available to fill the particular position.

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 1203 — Transfer authorization

**(a) Authority of Secretary; time, manner, etc., of transfer** Subject to the provisions of this chapter, the United States, through the Secretary, shall transfer all rail properties of the Alaska Railroad to the State. Such transfer shall occur as soon as practicable after the Secretary has made the certifications required by subsection (d) of this section and shall be accomplished in the manner specified in subsection (b) of this section. **(b) Simultaneous and interim transfers, conveyances, etc.** (1) On the date of transfer, the Secretary shall simultaneously: (A) deliver to the State a bill of sale conveying title to all rail properties of the Alaska Railroad except any interest in real property; (B) deliver to the State an interim conveyance of the rail properties of the Alaska Railroad that are not conveyed pursuant to subparagraph (A) of this paragraph and are not subject to unresolved claims of valid existing rights; (C) deliver to the State an exclusive license granting the State the right to use all rail properties of the Alaska Railroad not conveyed pursuant to subparagraphs (A) or (B) of this paragraph pending conveyances in accordance with the review and settlement or final administrative adjudication of claims of valid existing rights; (D) convey to the State a deed granting the State (i) an exclusive-use easement for that portion of the right-of-way of the Alaska Railroad within the Denali National Park and Preserve extending not less than one hundred feet on either side of the main or branch line tracks, and eight feet on either side of the centerline of the “Y” track connecting the main line of the railroad to the power station at McKinley Park Station and (ii) title to railroad-related improvements within such right-of-way. Prior to

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5349 — Prevailing rate employees; legislative, judicial, Bureau of Engraving and Printing, and government of the District of Columbia

**(a)** The pay of employees, described under [section 5102(c)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5102/c/7&num=0&edition=prelim), in the Library of Congress, the Botanic Garden, the Government Publishing Office, the Government Accountability Office, the Office of the Architect of the Capitol, the Bureau of Engraving and Printing, and the government of the District of Columbia, shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and in accordance with such provisions of this subchapter, including the provisions of section 5344, relating to retroactive pay, and subchapter VI of this chapter, relating to grade and pay retention, as the pay-fixing authority of each such agency may determine. Subject to [section 213(f) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section213/f&num=0&edition=prelim), the rates may not be less than the appropriate rates provided for by [section 206(a)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim). If the pay-fixing authority concerned determines that the provisions of subchapter VI of this chapter should apply to any employee under his jurisdiction, then the employee concerned shall be deemed to have satisfied the requirements of [section 5361(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5361/1&num=0&edition=prelim) if the tenure of his appointment is substantially equivalent to the tenure of any appointment referred to in such paragraph. **(b)** Subsection (a) of this section does not modify or otherwise affect [section 5102(d) of this title](http

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5349

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5341 — Policy

It is the policy of Congress that rates of pay of prevailing rate employees be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and be based on principles that— (1) there will be equal pay for substantially equal work for all prevailing rate employees who are working under similar conditions of employment in all agencies within the same local wage area; (2) there will be relative differences in pay within a local wage area when there are substantial or recognizable differences in duties, responsibilities, and qualification requirements among positions; (3) the level of rates of pay will be maintained in line with prevailing levels for comparable work within a local wage area; and (4) the level of rates of pay will be maintained so as to attract and retain qualified prevailing rate employees.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5341

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3601 — Notification requirements

The Panama Canal Commission shall provide written advance notification to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Armed Services of the Senate regarding— (1) any proposed change in the rates of tolls for use of the Panama Canal; (2) any payment estimated to be due the Republic of Panama under paragraph 4(c) of Article XIII of the Panama Canal Treaty of 1977, as provided by [section 3751 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3751&num=0&edition=prelim); and (3) the initiation of any major capital acquisition or construction project exceeding $10,000,000 unless the proposed acquisition or project was included in the budget estimates submitted to Congress for the fiscal year in which the acquisition or project is to be undertaken.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3601

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 193 — Combat support agencies: oversight

**(a) Combat Readiness.—** (1) Periodically (and not less often than every two years), the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense and the congressional defense committees a report on the combat support agencies. Each such report shall include— (A) a determination with respect to the responsiveness and readiness of each such agency to support operating forces in the event of a war or threat to national security; and (B) any recommendations that the Chairman considers appropriate. (2) In preparing each such report, the Chairman shall review the plans of each such agency with respect to its support of operating forces in the event of a war or threat to national security. After consultation with the Secretaries of the military departments and the commanders of the unified and specified combatant commands, as appropriate, the Chairman may, with the approval of the Secretary of Defense, take steps to provide for any revision of those plans that the Chairman considers appropriate. **(b) Participation in Joint Training Exercises.—** The Chairman shall— (1) provide for the participation of the combat support agencies in joint training exercises to the extent necessary to ensure that those agencies are capable of performing their support missions with respect to a war or threat to national security; and (2) assess the performance in joint training exercises of each such agency and, in accordance with guidelines established by the Secretary of Defense, take steps to provide for any change that the Chairman considers appropriate to improve that performance. **(c) Readiness Reporting System.—** The Chairman shall develop, in consultation with the director of each combat support agency, a uniform system for reporting to the Secretar

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 193

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5342 — Definitions; application

Page 601 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5342 1 So in original. The word ‘‘or’’ probably should not appear. 2 So in original. Subsec. (a)(1) does not contain a subpar. (I). 220; Pub. L. 90–560, § 4, Oct. 12, 1968, 82 Stat. 997, pro- vided prevailing rate system for trades and crafts and is covered by sections 5343(c), (d) and 5349(a) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 92–392, § 15(a), Aug. 19, 1972, 86 Stat. 575, pro- vided that: ‘‘The provisions of this Act [enacting this subchapter and section 5550 of this title, amending sec- tions 2105, 5337, 5541, 5544, 5548, 6101, 7154, and 8704 of this title, repealing section 6102 of this title, and enact- ing provisions set out as notes under sections 5341 and 5343 of this title and sections 4531 and 4571 of Title 2, The Congress] are effective on the first day of the first applicable pay period which begins on or after the nine- tieth day after the date of enactment of this Act [Aug. 19, 1972], except that, in the case of those employees re- ferred to in section 5342(a)(2)(B) and (C) of title 5, United States Code (as amended by the first section of this Act), such provisions are effective on the first day of the first applicable pay period which begins on or after the one hundred and eightieth day after such date of enactment or on such earlier date (not earlier than the ninetieth day after such date of enactment) as the Civil Service Commission may prescribe. Notwith- standing the provisions of this subsection, section 5343(e)(1)(D) and (E) and (e)(2)(C), as enacted by the first section of this Act, shall not be effective until the first day of the first pay period commencing after (1) the date on which the President ceases to exercise his au

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5342

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