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5 U.S.C. § 5361 — Definitions
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
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Stable record: federal_law:legal_authorities:record_usc_bd2e1a3a1eb8deb4042198fa
Source file: Laws/federal/codes/united-states-code/title-5/section-5361-definitions--4f50967f05.md
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Passage SHA-256: f26eacd6d46219341a5bffb57e60dbe6247d4d37b70f1a56fbead2781e61c019
Source location: Title 5, Chapter 53, § 5361; chapter-053-pay-rates-and-systems.md
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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 applied in carrying out any reduction in force due to a reorganization, due to lack of funds or curtailment of work, or due to any other factor; and
(8) “retained rate” means the rate of basic pay to which an employee is entitled under section 5363(b)(2).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Delegation of functions, duties, and powers; scope of delegations; appointment, etc., of delegates; right of appeal** The authority and responsibility for administering this chapter shall be in the Director of the Bureau of Consumer Financial Protection who may delegate any of his functions, duties, and powers to employees of the Bureau of Consumer Financial Protection or to boards of such employees, including functions, duties, and powers with respect to investigating, hearing, determining, ordering, or otherwise acting as to any work, business, or matter under this chapter. The persons to whom such delegations are made with respect to hearing functions, duties, and powers shall be appointed and shall serve in the Bureau in compliance with sections 3105, 3344, 5372, and 7521 of title 5. The Director shall by rule prescribe such rights of appeal from the decisions of his administrative law judges to other administrative law judges or to other officers in the Bureau, to boards of officers or to himself, as shall be appropriate and in accordance with law.
**(b) Hearings** All hearings shall be public and appropriate records thereof shall be kept, and any order issued after such hearing shall be based on the record made in such hearing which shall be conducted in accordance with the provisions of subchapter II of chapter 5, and chapter 7, of title 5.
**(c) Procedures applicable** The Director shall conduct all actions with respect to rulemaking or adjudication under this chapter in accordance with the provisions of chapter 5 of title 5. Notice shall be given of any adverse action or final disposition and such notice and the entry of any order shall be accompanied by a written statement of supporting facts and legal authority.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1715
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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)** 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
**(a)** On request from or with the concurrence of a State or local government, and with the consent of the employee concerned, the head of a Federal agency may arrange for the assignment of—
(1) an employee of his agency, other than a noncareer appointee, limited term appointee, or limited emergency appointee (as such terms are defined in [section 3132(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a&num=0&edition=prelim)) in the Senior Executive Service and an employee in a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character, to a State or local government; and
(2) an employee of a State or local government to his agency;
for work of mutual concern to his agency and the State or local government that he determines will be beneficial to both. The period of an assignment under this subchapter may not exceed two years. However, the head of a Federal agency may extend the period of assignment for not more than two additional years. In the case of assignments made to Indian tribes or tribal organizations as defined in section 3371(2)(C) of this subchapter, the head of an executive agency may extend the period of assignment for any period of time where it is determined that this will continue to benefit both the executive agency and the Indian tribe or tribal organization. If the assigned employee fails to complete the period of assignment and there is another employee willing and available to do so, the Secretary may assign the employee to complete the period of assignment and may execute an agreement with the tribal organization with respect to the replacement employee. That agreement may provide for a different pe
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3372
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The pay of prevailing rate employees shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates. 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 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). To carry out this subsection—
(1) the Office of Personnel Management shall define, as appropriate—
(A) with respect to prevailing rate employees other than prevailing rate employees under paragraphs (B) and (C) of [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), the boundaries of—
(i) individual local wage areas for prevailing rate employees having regular wage schedules and rates; and
(ii) wage areas for prevailing rate employees having special wage schedules and rates;
(B) with respect to prevailing rate employees under paragraphs (B) and (C) of [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), the boundaries of—
(i) individual local wage areas for prevailing rate employees under such paragraphs having regular wage schedules and rates (but such boundaries shall not extend beyond the immediate locality in which the particular prevailing rate employees are employed); and
(ii) wage areas for prevailing rate employees under such paragraphs having special wage schedules and rates;
(2) the Office of Personnel Management shall designate a lead age
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5343
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority and responsibility** The authority and responsibility for administering this Act shall be in the Secretary of Housing and Urban Development.
**(b) Assistant Secretary** The Department of Housing and Urban Development shall be provided an additional Assistant Secretary.
**(c) Delegation of authority; appointment of administrative law judges; location of conciliation meetings; administrative review** The Secretary may delegate any of his functions, duties, and powers to employees of the Department of Housing and Urban Development or to boards of such employees, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this subchapter. The person to whom such delegations are made with respect to hearing functions, duties, and powers shall be appointed and shall serve in the Department of Housing and Urban Development in compliance with sections 3105, 3344, 5372, and 7521 of title 5. Insofar as possible, conciliation meetings shall be held in the cities or other localities where the discriminatory housing practices allegedly occurred. The Secretary shall by rule prescribe such rights of appeal from the decisions of his administrative law judges to other administrative law judges or to other officers in the Department, to boards of officers or to himself, as shall be appropriate and in accordance with law.
**(d) Cooperation of Secretary and executive departments and agencies in administration of housing and urban development programs and activities to further fair housing purposes** All executive departments and agencies shall administer their programs and activities relating to housing and urban development (inclu
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3608
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purposes of this section, “health care” means direct patient-care services or services incident to direct patient-care services.
**(b)** The Office of Personnel Management may, with respect to any employee described in subsection (c), provide that 1 or more provisions of chapter 74 of title 38 shall apply—
(1) in lieu of any provision of chapter 51 or 61, subchapter V of chapter 55, or any other provision of this chapter; or
(2) notwithstanding any lack of specific authority for a matter with respect to which chapter 51 or 61, subchapter V of chapter 55, or this chapter, relates.
**(c)** Authority under subsection (b) may be exercised with respect to any employee holding a position—
(1) to which chapter 51 applies, excluding any Senior Executive Service position and any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; and
(2) which involves health care responsibilities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5371
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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)**
(1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule.
(2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303.
**(b)** When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by [section 5504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504/b&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5332
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Federal law — U.S. Code and appendices · legal_authorities
It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that—
(1) there be equal pay for substantially equal work within each local pay area;
(2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions;
(3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and
(4) any existing pay disparities between Federal and non-Federal employees should be completely eliminated.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5301
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