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5 U.S.C. § 559 — Effect on other laws; effect of subsequent statute
Federal law — U.S. Code and appendices · legal_authorities
This subchapter, chapter 7, and sections 1305, 3105, 3344, 4301(2)(E), 5372, and 7521 of this title, and the provisions of [section 5335(a)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5335/a/B&num=0&edition=prelim) that relate to administrative law judges, do not limit or repeal additional requirements imposed by statute or otherwise recognized by law. Except as otherwise required by law, requirements or privileges relating to evidence or procedure apply equally to agencies and persons. Each agency is granted the authority necessary to comply with the requirements of this subchapter through the issuance of rules or otherwise. Subsequent statute may not be held to supersede or modify this subchapter, chapter 7, sections 1305, 3105, 3344, 4301(2)(E), 5372, or 7521 of this title, or the provisions of [section 5335(a)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5335/a/B&num=0&edition=prelim) that relate to administrative law judges, except to the extent that it does so expressly.
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Stable record: federal_law:legal_authorities:record_usc_748aa9bc0f6af5b49b47318c
Source file: Laws/federal/codes/united-states-code/title-5/section-559-effect-on-other-laws-effect-of-subsequent-statute--566ec72421.md
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Source location: Title 5, Chapter 5, § 559; chapter-005-administrative-procedure.md
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This subchapter, chapter 7, and sections 1305, 3105, 3344, 4301(2)(E), 5372, and 7521 of this title, and the provisions of [section 5335(a)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5335/a/B&num=0&edition=prelim) that relate to administrative law judges, do not limit or repeal additional requirements imposed by statute or otherwise recognized by law. Except as otherwise required by law, requirements or privileges relating to evidence or procedure apply equally to agencies and persons. Each agency is granted the authority necessary to comply with the requirements of this subchapter through the issuance of rules or otherwise. Subsequent statute may not be held to supersede or modify this subchapter, chapter 7, sections 1305, 3105, 3344, 4301(2)(E), 5372, or 7521 of this title, or the provisions of [section 5335(a)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5335/a/B&num=0&edition=prelim) that relate to administrative law judges, except to the extent that it does so expressly.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Records.—** Each agency shall keep records that fully disclose the disposition of any funds which may be at the disposal of its advisory committees and the nature and extent of their activities. The General Services Administration, or such other agency as the President may designate, shall maintain financial records with respect to Presidential advisory committees. The Comptroller General of the United States, or any authorized representative of the Comptroller General, shall have access to the records for the purpose of audit and examination.
**(b) Support Services.—** Each agency shall be responsible for providing support services for each advisory committee established by or reporting to it unless the establishing authority provides otherwise. If an advisory committee reports to more than one agency, only one agency at a time shall be responsible for support services. In the case of Presidential advisory committees, support services may be provided by the General Services Administration.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1011
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Office of Personnel Management in conformity with this subchapter and chapter 51 of this title when—
(1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply;
(2) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter applies to another such position;
(3) he is demoted to a position in a lower grade;
(4) he is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch;
(5) his type of appointment is changed;
(6) his employment status is otherwise changed; or
(7) his position is changed from one grade to another grade.
For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under [section 14306(a)(2) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14306/a/2&num=0&edition=prelim), who was a Federal employee immediately prior to such employment by a commission and within 6 months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply.
**(b)** An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or transferred who is receiving basic
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5334
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means an employee to whom chapter 51 of this title applies, and a prevailing rate employee, as defined by [section 5342(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5342/a/2&num=0&edition=prelim), whose employment is other than on a temporary or term basis;
(2) “agency” has the meaning given it by [section 5102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5102&num=0&edition=prelim);
(3) “retained grade” means the grade used for determining benefits to which an employee to whom [section 5362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5362&num=0&edition=prelim) applies is entitled;
(4) “rate of basic pay” means—
(A) the rate of basic pay payable to an employee under law or regulations before any deductions or additions of any kind, but including—
(i) any applicable locality-based comparability payment under section 5304 or similar provision of law;
(ii) any applicable special pay under section 5305 or similar provision of law; and
(iii) subject to such regulations as the Office of Personnel Management may prescribe, any applicable existing retained rate of pay established under section 5363 or similar provision of law; and
(B) in the case of a prevailing rate employee, the scheduled rate of pay determined under section 5343;
(5) “covered pay schedule” means the General Schedule, any prevailing rate schedule established under subchapter IV of this chapter, or a special occupational pay system under subchapter IX;
(6) “position subject to this subchapter” means any position under a covered pay schedule;
(7) “reduction-in-force procedures” means procedures
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5361
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding [section 559 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section559&num=0&edition=prelim), with respect to any marine resource conservation law or regulation administered by the Secretary of Commerce acting through the National Oceanic and Atmospheric Administration, all adjudicatory functions which are required by chapter 5 of title 5 to be performed by an Administrative Law Judge may be performed by another Federal agency on a reimbursable basis. Should another Federal agency require the detail of an Administrative Law Judge to perform any of these functions, it may request such temporary or occasional assistance from the Office of Personnel Management pursuant to [section 3344 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3344&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1541
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; membership; chairman** The Federal Mine Safety and Health Review Commission is hereby established. The Commission shall consist of five members, appointed by the President by and with the advice and consent of the Senate, from among persons who by reason of training, education, or experience are qualified to carry out the functions of the Commission under this chapter. The President shall designate one of the members of the Commission to serve as Chairman.
**(b) Terms; personnel; administrative law judges**
(1) The terms of the members of the Commission shall be six years, except that—
(A) members of the Commission first taking office after November 9, 1977, shall serve, as designated by the President at the time of appointment, one for a term of two years, two for a term of four years and two for a term of six years; and
(B) a vacancy caused by the death, resignation, or removal of any member prior to the expiration of the term for which he was appointed shall be filled only for the remainder of such unexpired term.
Any member of the Commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office.
(2) The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission. The Commission shall appoint such employees as it deems necessary to assist in the performance of the Commission’s functions and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, relating to classification and general pay rates. Upon the effective date of the Federal Mine Safety and Health Amendments Act of 1977, the administrative law judges assigned to the Arlington, Virginia, facility of the Office of Hearings and Appe
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 826
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Federal law — U.S. Code and appendices · legal_authorities
Page 152
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 558
ployee presiding at the hearing may, to the ex-
tent consistent with the interests of justice
and the policy of the underlying statutes, re-
quire the party to show cause why his claim or
interest in the proceeding should not be dis-
missed, denied, disregarded, or otherwise ad-
versely affected on account of such violation;
and
(E) the prohibitions of this subsection shall
apply beginning at such time as the agency
may designate, but in no case shall they begin
to apply later than the time at which a pro-
ceeding is noticed for hearing unless the per-
son responsible for the communication has
knowledge that it will be noticed, in which
case the prohibitions shall apply beginning at
the time of his acquisition of such knowledge.
(2) This subsection does not constitute author-
ity to withhold information from Congress.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 387; Pub. L.
94–409, § 4(a), Sept. 13, 1976, 90 Stat. 1246.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 1007.
June 11, 1946, ch. 324, § 8, 60
Stat. 242.
In subsection (b), the word ‘‘employee’’ is substituted
for ‘‘officer’’ and ‘‘officers’’ in view of the definition of
‘‘employee’’ in section 2105. The word ‘‘either’’ is added
after the word ‘‘requires’’ in the first sentence to elimi-
nate the need for parentheses. The words ‘‘the presiding
employee or an employee qualified to preside at hear-
ings under section 556 of this title’’ are substituted for
‘‘such officers’’ in the last sentence. The word ‘‘initial’’
is omitted before ‘‘decision’’, the final word in the first
sentence and the sixth word of the fourth sentence, to
avoid confusion between the ‘‘
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 559
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