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119th Congress

Title 5 — Government Organization and Employees

Part III · Chapter 53 — Pay Rates and Systems

§ 5342. Definitions; application

Statutory text

(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.

(b)
(1)

Except as provided by paragraphs (2) and (3) of this subsection, this subchapter applies to all prevailing rate employees and positions in or under an agency.

(2)

This subchapter does not apply to employees and positions described by section 5102(c) of this title other than by—

(A)

paragraph (7) of that section to the extent that such paragraph (7) applies to employees and positions other than employees and positions of the Bureau of Engraving and Printing; and

(B)

paragraph (14) of that section.

(3)

This subchapter, except section 5348, does not apply to officers and members of crews of vessels excepted from chapter 51 of this title by section 5102(c)(8) of this title.

(c)

Each prevailing rate employee employed within any of the several States or the District of Columbia shall be a United States citizen or a bona fide resident of one of the several States or the District of Columbia unless the Secretary of Labor certifies that no United States citizen or bona fide resident of one of the several States or the District of Columbia is available to fill the particular position.

Footnotes

  1. 1 So in original. The word “or” probably should not appear.
  2. 2 So in original. Subsec. (a)(1) does not contain a subpar. (I).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 92–392 § 1(a) · 86 Stat. 564

    Enacted · 5 U.S.C. § 5342

    Added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 564

    Source evidence

    Code source credit
    Added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 564

    Enacted provision · exact public law section
    (1) by striking out the words “to which this section applies” wherever they appear in subsection (b) and inserting “to which that subsection applies” in place thereof; and

  2. Panama Canal Act of 1979

    Pub. L. 96–70 title III § 3302(e)(1) · 93 Stat. 452

    Substituted · 5 U.S.C. § 5342(a)(1)(G)

    Pub. L. 96–70 substituted “Commission” for “Company”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(G). Pub. L. 96–70 substituted “Commission” for “Company”.

    Enacted provision · exact public law section
    (1) in sections 305(a))(7), 5102(a)(1)(vii), 5342(a)(1)(G), 5348(b), and 5541(2)(xii), by striking out “Panama Canal Company” and inserting in lieu thereof “Panama Canal Commission”

  3. General Accounting Office Personnel Act of 1980

    Pub. L. 96–191 § 8(d) · 94 Stat. 27

    Added · 5 U.S.C. § 5342(a)(1)(J)

    Pub. L. 96–191 added subpar. (J)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(J). Pub. L. 96–191 added subpar. (J).

    Enacted provision · exact public law section
    (d) Section 5342(a)(1) of such title is amended by striking out “or” at 5 USC 5342. the end of subparagraph (H), by inserting “or” at the end of subparagraph (I), and by adding at the end thereof the following: “(J) the General Accounting Office;”.

  4. Alaska Railroad Transfer Act of 1982

    Pub. L. 97–468 title VI § 615(b)(1)(D) · 96 Stat. 2543

    1. Struck · 5 U.S.C. § 5342(a)(1)(C)(J)

      Pub. L. 97–468, eff. Jan. 5, 1985, struck out subpar. (C) which excluded the Alaska Railroad

    2. Redesignated · 5 U.S.C. § 5342(a)(1)(C)(J)

      Pub. L. 97–468, eff. Jan. 5, 1985, redesignated subpars. (D) to (J) as (C) to (I), respectively. See Effective Date of 1983 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C) to (J). Pub. L. 97–468, eff. Jan. 5, 1985, struck out subpar. (C) which excluded the Alaska Railroad and redesignated subpars. (D) to (J) as (C) to (I), respectively. See Effective Date of 1983 Amendment note below.

    Enacted provision · exact public law section
    (D) in section 5342(a)(1), by striking subparagraph (C), and by redesignating subparagraphs (D)–(J) as subparagraphs (C)–(I), respectively; and

  5. Intelligence Authorization Act for fiscal year 1985

    Pub. L. 98–618 title V § 502(b) · 98 Stat. 3298

    1. Struck · 5 U.S.C. § 5342(a)(1)(I)(K)

      Pub. L. 98–618 struck out “or” at end of subpar. (I)

    2. Inserted · 5 U.S.C. § 5342(a)(1)(I)(K)

      Pub. L. 98–618 inserted “or” at end of subpar. (J)

    3. Added · 5 U.S.C. § 5342(a)(1)(I)(K)

      Pub. L. 98–618 added subpar. (K)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(I) to (K). Pub. L. 98–618 struck out “or” at end of subpar. (I), inserted “or” at end of subpar. (J), and added subpar. (K).

    Enacted provision · exact public law section
    Sec. 502. technical and conforming amendments (a) Section 5102(a)(1)of title 5, United States Code, is amended— (1) by striking out “or” at the end of clause (viii); (2) by inserting “or” at the end of clause (ix); and (3) by inserting after clause (ix) the following new clause: “(x) the Defense Intelligence Agency, Department of Defense;”. (b) Section 5342(a)(1)of such title is amended— 5 USC 5342. (1) by striking out “or” at the end of subparagraph (I); (2) by inserting “or” at the end of subparagraph (J); and (3) by inserting after subparagraph (J) the following new subparagraph: “(K) the Defense Intelligence Agency, Department of Defense;”.

  6. Pub. L. 102–54 § 13(b)(1) · 105 Stat. 267

    Substituted · 5 U.S.C. § 5342(a)(2)(C)

    Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C). Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (1) The following sections of title 5, United States Code, are amended by striking out “Veterans’ Administration” and inserting in lieu thereof “Department of Veterans Affairs”: sections 2108(2), 5102(c)(14), 5342(a)(2)(C), 7103(a)(3), 8101(20), 8116(a)(3), 8311(2)(A), and 8311(3)(A).

  7. Intelligence Authorization Act for Fiscal Year 1995

    Pub. L. 103–359 title V § 501(h) · 108 Stat. 3423

    1. Struck · 5 U.S.C. § 5342(a)(1)(J)(L)

      Pub. L. 103–359 directed the amendment of subpar. (J) by striking out “or” at end which could not be executed because par. (1) does not contain a subpar. (J)

    2. Added · 5 U.S.C. § 5342(a)(1)(J)(L)

      Pub. L. 103–359 directed the amendment of subpar. (J) by added “or” at end of subpar. (K)

    3. Added · 5 U.S.C. § 5342(a)(1)(J)(L)

      Pub. L. 103–359 directed the amendment of subpar. (J) by added subpar. (L)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(J) to (L). Pub. L. 103–359 directed the amendment of subpar. (J) by striking out “or” at end which could not be executed because par. (1) does not contain a subpar. (J), added “or” at end of subpar. (K), and added subpar. (L).

    Enacted provision · exact public law section
    (h) Chapter 51 of Title 5.— Section 5342(a)(1) of title 5, United States Code, is amended— (1) by striking “or” at the end of subparagraph (J); (2) by inserting “or” after the semicolon at the end of subparagraph (K); and (3) by adding at the end the following: “(L) the Central Imagery Office, Department of Defense;”.

  8. Panama Canal Act Amendments of 1996

    Pub. L. 104–201 § 3548(a)(3)(A) · 110 Stat. 2422

    1. Struck · 5 U.S.C. § 5342(a)(1)

      Pub. L. 104–201, § 3548(a)(3)(A), which directed amendment of subsec. (a)(1) by striking subpar. (G)

    2. Redesignated · 5 U.S.C. § 5342(a)(1)

      Pub. L. 104–201, § 3548(a)(3)(A), which directed amendment of subsec. (a)(1) by redesignating subpars. (H), (I), (J), (K), and (L) as (G), (H), (I), (J), and (K), respectively, was executed by striking subpar. (F), relating to the Panama Canal Commission

    3. Redesignated · 5 U.S.C. § 5342(a)(1)

      Pub. L. 104–201, § 3548(a)(3)(A), which directed amendment of subsec. (a)(1) by redesignating subpars. (G), (H), (I), (K), and (L) as (F), (G), (H), (J), and (K), respectively, to reflect the probable intent of Congress, because subsec. (a)(1) does not contain a subpar. (J) and the amendments were included in a series of conforming amendments relating to the Panama Canal

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 104–201, § 3548(a)(3)(A), which directed amendment of subsec. (a)(1) by striking subpar. (G) and redesignating subpars. (H), (I), (J), (K), and (L) as (G), (H), (I), (J), and (K), respectively, was executed by striking subpar. (F), relating to the Panama Canal Commission, and redesignating subpars. (G), (H), (I), (K), and (L) as (F), (G), (H), (J), and (K), respectively, to reflect the probable intent of Congress, because subsec. (a)(1) does not contain a subpar. (J) and the amendments were included in a series of conforming amendments relating to the Panama Canal.

    Enacted provision · exact public law section
    (A) in section 5342(a)(1)— (i) by striking out subparagraph (G); and (ii) by redesignating subparagraphs (H), (I), (J), (K), and (L) as subparagraphs (G), (H), (I), (J), and (K) respectively;

    Effective date note
    Amendment by section 1122(a)(1) of Pub. L. 104–201 effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as a note under section 193 of Title 10, Armed Forces.

  9. National Imagery and Mapping Agency Act of 1996

    Pub. L. 104–201 § 1122(a)(1) · 110 Stat. 2422

    Substituted · 5 U.S.C. § 5342(a)(1)(L)

    Pub. L. 104–201, § 1122(a)(1), substituted “National Imagery and Mapping Agency” for “Central Imagery Office”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(L). Pub. L. 104–201, § 1122(a)(1), substituted “National Imagery and Mapping Agency” for “Central Imagery Office”.

    Enacted provision · exact public law section
    (1) Central imagery office.— Sections 2302(a)(2)(C)(ii), 3132(a)(1)(B), 4301(1) (in clause (ii)), 4701(a)(1)(B), 5102(a)(1) (in clause (xi)), 5342(a)(1)(L), 6339(a)(1)(E), and 7323(b)(2)(B)(i)(XIII) are amended by striking out “Central Imagery Office” and inserting in lieu thereof “National Imagery and Mapping Agency”.

    Effective date note
    Amendment by section 1122(a)(1) of Pub. L. 104–201 effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as a note under section 193 of Title 10, Armed Forces.

  10. GAO Human Capital Reform Act of 2004

    Pub. L. 108–271 § 8(b) · 118 Stat. 811

    Substituted · 5 U.S.C. § 5342(a)(1)(H)

    Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(H). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

    Enacted provision · exact public law section
    (b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

  11. Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 · 122 Stat. 4356

    Substituted · 5 U.S.C. § 5342(a)(1)(K)

    Pub. L. 110–417 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(K). Pub. L. 110–417 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.

17 of 18 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 5342, Pub. L. 89–554, , 80 Stat. 471, provided for crews of vessels.

Provisions similar to those comprising subsec. (b) of this section were contained in Pub. L. 89–554, , 80 Stat. 471 (formerly classified to section 5342 of this title) prior to the general amendment of this subchapter by section 1(a) of Pub. L. 92–392.

Amendments1979–2008 · 9 rounds

2008

Subsec. (a)(1)(K). Pub. L. 110–417 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.

2004

Subsec. (a)(1)(H). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

1996

Subsec. (a)(1). Pub. L. 104–201, § 3548(a)(3)(A), which directed amendment of subsec. (a)(1) by striking subpar. (G) and redesignating subpars. (H), (I), (J), (K), and (L) as (G), (H), (I), (J), and (K), respectively, was executed by striking subpar. (F), relating to the Panama Canal Commission, and redesignating subpars. (G), (H), (I), (K), and (L) as (F), (G), (H), (J), and (K), respectively, to reflect the probable intent of Congress, because subsec. (a)(1) does not contain a subpar. (J) and the amendments were included in a series of conforming amendments relating to the Panama Canal.

Subsec. (a)(1)(L). Pub. L. 104–201, § 1122(a)(1), substituted “National Imagery and Mapping Agency” for “Central Imagery Office”.

1994

Subsec. (a)(1)(J) to (L). Pub. L. 103–359 directed the amendment of subpar. (J) by striking out “or” at end which could not be executed because par. (1) does not contain a subpar. (J), added “or” at end of subpar. (K), and added subpar. (L).

1991

Subsec. (a)(2)(C). Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

1984

Subsec. (a)(1)(I) to (K). Pub. L. 98–618 struck out “or” at end of subpar. (I), inserted “or” at end of subpar. (J), and added subpar. (K).

1983

Subsec. (a)(1)(C) to (J). Pub. L. 97–468, eff. , struck out subpar. (C) which excluded the Alaska Railroad and redesignated subpars. (D) to (J) as (C) to (I), respectively. See Effective Date of 1983 Amendment note below.

1980

Subsec. (a)(1)(J). Pub. L. 96–191 added subpar. (J).

1979

Subsec. (a)(1)(G). Pub. L. 96–70 substituted “Commission” for “Company”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by section 1122(a)(1) of Pub. L. 104–201 effective , see section 1124 of Pub. L. 104–201, set out as a note under section 193 of Title 10, Armed Forces.

Effective Date of 1983 Amendment

Amendment by Pub. L. 97–468 effective on date of transfer of Alaska Railroad to the State [], pursuant to section 1203 of Title 45, Railroads, see section 615(b) of Pub. L. 97–468.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–191 effective , see section 10(a) of Pub. L. 96–191.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–70 effective , see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse.

Effective Date

Section effective on first day of first applicable pay period beginning on or after 90th day after , except that in the case of employees referred to in subsec. (a)(2)(B) and (C) section effective on first day of first applicable pay period beginning on or after 180th day after , or on such earlier date (not earlier than 90th day after ) as Civil Service Commission may prescribe, see section 15(a) of Pub. L. 92–392, set out as a note under section 5341 of this title.

Abolition of Atomic Energy Commission

Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections.

Dissolution of Virgin Islands Corporation

Virgin Islands Corporation established to have succession until , unless sooner dissolved by Act of Congress, by act June 30, 1949, ch. 285, 63 Stat. 350, as amended (48 U.S.C. 1407 et seq.). Corporation terminated its program , and dissolved . Act , was repealed by Pub. L. 97–357, title III, § 308(e), , 96 Stat. 1710.

Credits

1972–2008 · 10 acts
  1. 1972Added Pub. L. 92–392, § 1(a), , 86 Stat. 564
  2. 1979amended Pub. L. 96–70, title III, § 3302(e)(1), , 93 Stat. 498
  3. 1980Pub. L. 96–191, § 8(d), , 94 Stat. 33
  4. 1983Pub. L. 97–468, title VI, § 615(b)(1)(D), , 96 Stat. 2578
  5. 1984Pub. L. 98–618, title V, § 502(b), , 98 Stat. 3303
  6. 1991Pub. L. 102–54, § 13(b)(1), , 105 Stat. 274
  7. 1994Pub. L. 103–359, title V, § 501(h), , 108 Stat. 3429
  8. 1996Pub. L. 104–201, div. A, title XI, § 1122(a)(1), div. C, title XXXV, § 3548(a)(3)(A), , 110 Stat. 2687, 2868
  9. 2004Pub. L. 108–271, § 8(b), , 118 Stat. 814
  10. 2008Pub. L. 110–417, [div. A], title IX, § 931(a)(1), , 122 Stat. 4575.
Show as published

(Added Pub. L. 92–392, § 1(a), , 86 Stat. 564; amended Pub. L. 96–70, title III, § 3302(e)(1), , 93 Stat. 498; Pub. L. 96–191, § 8(d), , 94 Stat. 33; Pub. L. 97–468, title VI, § 615(b)(1)(D), , 96 Stat. 2578; Pub. L. 98–618, title V, § 502(b), , 98 Stat. 3303; Pub. L. 102–54, § 13(b)(1), , 105 Stat. 274; Pub. L. 103–359, title V, § 501(h), , 108 Stat. 3429; Pub. L. 104–201, div. A, title XI, § 1122(a)(1), div. C, title XXXV, § 3548(a)(3)(A), , 110 Stat. 2687, 2868; Pub. L. 108–271, § 8(b), , 118 Stat. 814; Pub. L. 110–417, [div. A], title IX, § 931(a)(1), , 122 Stat. 4575.)

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