Chapter 53, Subchapter IV, Section 5342, Subsection (a) · 5 U.S.C. Chapter 53

Contents

(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;

(H)the Government Accountability Office; or 1

(J)2 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 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 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.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 29

Show every defined term

administrative appeals judge position
means a position the duties of which primarily involve reviewing decisions of administrative law judges appointed under section 3105;
administrative law judge
means an administrative law judge appointed under section 3105.
agency
means an agency under subparagraph (A), (B), (C), (D), or (E) of section 4101(1) of this title, the Architect of the Capitol, the Botanic Garden, and the Office of Congressional Accessibility Services;
appeals board
means an agency board of contract appeals established pursuant to section 7105(a)(1), (c)(1), or (d)(1) of title 41.
basic pay
includes any applicable locality-based comparability payment under section 5304 or similar provision of law.
comparability payment
means a payment payable under section 5304;
contract appeals board member
means a member of an agency board of contract appeals appointed under section 7105(a)(2), (c)(2), or (d)(2) of title 41 or a member of the Civilian Board of Contract Appeals appointed under section 7105(b)(2) of title 41;
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;
ECI
means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics;
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, whose employment is other than on a temporary or term basis;
firefighter
means an employee who—
General Schedule base rate
means an annual rate of basic pay established under section 5332 before any additions, such as a locality-based comparability payment under section 5304 or 5304a or a special rate supplement under section 5305;
General Schedule position
means any position to which subchapter III applies.
health care
means direct patient-care services or services incident to direct patient-care services.
pay agent
means the agent designated by the President under section 5304(d)(1);
pay locality
means any locality, as established or modified under section 5304;
position
means— but does not include—
position subject to this subchapter
means any position under a covered pay schedule;
prevailing rate employee
means—
rate of basic pay
means—
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;
retained grade
means the grade used for determining benefits to which an employee to whom section 5362 of this title applies is entitled;
retained rate
means the rate of basic pay to which an employee is entitled under section 5363(b)(2).
scheduled rates of basic pay
means the rates of basic pay under the General Schedule as established by section 5332, excluding pay under section 5304 and any other additional pay of any kind;
special base rate
means an annual rate of basic pay payable to a wildland firefighter, before any additions or reductions, that replaces the General Schedule base rate otherwise applicable to the wildland firefighter and that is administered in the same manner as a General Schedule base rate;
statutory pay system
means a pay system under—
student loan
means—
student-employee
means—
wildland firefighter
means a firefighter—