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5 U.S.C. § 1305 — Administrative law judges

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

5 U.S.C. § 1305 — Administrative law judges

For the purpose of sections 3105, 3344, 4301(2)(D), and 5372 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, the Office of Personnel Management may, and for the purpose of [section 7521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7521&num=0&edition=prelim), the Merit Systems Protection Board may investigate, prescribe regulations, appoint advisory committees as necessary, recommend legislation, subpena witnesses and records, and pay witness fees as established for the courts of the United States.

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Stable record: federal_law:legal_authorities:record_usc_b8f4a9af204dea95d52e7728
Source file: Laws/federal/codes/united-states-code/title-5/section-1305-administrative-law-judges--c009939a30.md
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Source location: Title 5, Chapter 13, § 1305; chapter-013-special-authority.md

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

5 U.S.C. § 5102 — Definitions; application

**(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

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

5 U.S.C. § 1010 — Availability of transcripts

**(a) Definition of Agency Proceeding.—** In this section, the term “agency proceeding” has the meaning given the term in [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim). **(b) Availability.—** Agencies and advisory committees shall make available to any person, at actual cost of duplication, copies of transcripts of any agency proceeding or advisory committee meeting.

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

5 U.S.C. § 1013 — Termination of advisory committees

**(a) In General.—** (1) **Advisory committees in existence on january 5, 1973.—** — Each advisory committee that is in existence on January 5, 1973, shall terminate not later than the expiration of the 2-year period following that date unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government, such advisory committee is renewed by the President or that officer by appropriate action prior to the expiration of such 2-year period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. (2) **Advisory committees established after january 5, 1973.—** — Each advisory committee established after January 5, 1973, shall terminate not later than the expiration of the 2-year period beginning on the date of its establishment unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government 11 So in original. Probably should be followed by a comma. such advisory committee is renewed by the President or such officer by appropriate action prior to the end of such period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. **(b) Charters.—** (1) **Upon renewal.—** — Upon the renewal of an advisory committee, the advisory committee shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1008/c&num=0&edition=prelim). (2) **Upon expiration of successive 2-year periods.—** — An advisory committee established by an Act of Congress shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.x

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

5 U.S.C. § 7521 — Actions against administrative law judges

**(a)** An action may be taken against 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) by the agency in which the administrative law judge is employed only for good cause established and determined by the Merit Systems Protection Board on the record after opportunity for hearing before the Board. **(b)** The actions covered by this section are— (1) a removal; (2) a suspension; (3) a reduction in grade; (4) a reduction in pay; and (5) a furlough of 30 days or less; but do not include— (A) a suspension or removal under [section 7532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7532&num=0&edition=prelim); (B) a reduction-in-force action under [section 3502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3502&num=0&edition=prelim); or (C) any action initiated under [section 1215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1215&num=0&edition=prelim).

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5 U.S.C. § 5361 — Definitions

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

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

5 U.S.C. § 1101 — Office of Personnel Management

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.

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5 U.S.C. § 1305 — Administrative law judges

Page 292 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1305 ABOLITION OF HOUSE COMMITTEE ON POST OFFICE AND CIVIL SERVICE Committee on Post Office and Civil Service of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Ref- erences to Committee on Post Office and Civil Service treated as referring to Committee on Government Re- form and Oversight, see section 1(b) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Over- sight of House of Representatives changed to Com- mittee on Government Reform of House of Representa- tives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Re- form of House of Representatives changed to Com- mittee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. Committee on Over- sight and Government Reform of House of Representa- tives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Com- mittee on Oversight and Reform of House of Represent- atives changed to Committee on Oversight and Ac- countability of House of Representatives by House Res- olution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. § 1305. Administrative law judges For the purpose of sections 3105, 3344, 4301(2)(D), and 5372 of this title and the provi- sions of section 5335(a)(B) of this title that re- late to administrative law judges, the Office of Personnel Management may, and for the pur- pose of section 7521 of this title, the Merit Sys- tems Protection Board may investigate, pre- scribe regulations, appoi

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