legal · go-v.org

Separate agency components.

CFR · 2024-01-01 · US · Title 5

(a) (b) (1) Employed in a position for which the rate of pay is specified in or fixed according to 5 U.S.C. 5311-5318 (the Executive Schedule) ( (2) Appointed by the President to a position under 3 U.S.C. 105(a)(2)(B); or (3) Appointed by the Vice President to a position under 3 U.S.C. 106(a)(1)(B). (c) (1) The component is an agency or bureau, within a parent agency, that exercises functions which are distinct and separate from the functions of the parent agency and from the functions of other components of that parent as shown by relevant factors which may include, but are not limited to: (i) The component's creation by statute or a statutory reference indicating that it exercises functions which are distinct and separate; (ii) The component's exercise of distinct and separate subject matter or geographical jurisdiction; (iii) The degree of supervision exercised by the parent over the component; (iv) Whether the component exercises responsibilities that cut across organizational lines within the parent; (v) The size of the component in absolute terms; and (vi) The size of the component in relation to other agencies or bureaus within the parent. (2) There exists no potential for the use of undue influence or unfair advantage based on past Government service. (d) (e) (1) (2) (3) (f) (g) (2) (h)

official document · source cfr-2024 · id 5:§ 2641.302