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119th Congress

Title 5 — Government Organization and Employees

Part III · Chapter 53 — Pay Rates and Systems

§ 5349. Prevailing rate employees; legislative, judicial, Bureau of Engraving and Printing, and government of the District of Columbia

Statutory text

(a)

The pay of employees, described under section 5102(c)(7) of this title, in the Library of Congress, the Botanic Garden, the Government Publishing Office, the Government Accountability Office, the Office of the Architect of the Capitol, the Bureau of Engraving and Printing, and the government of the District of Columbia, shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and in accordance with such provisions of this subchapter, including the provisions of section 5344, relating to retroactive pay, and subchapter VI of this chapter, relating to grade and pay retention, as the pay-fixing authority of each such agency may determine. Subject to section 213(f) of title 29, the rates may not be less than the appropriate rates provided for by section 206(a)(1) of title 29. If the pay-fixing authority concerned determines that the provisions of subchapter VI of this chapter should apply to any employee under his jurisdiction, then the employee concerned shall be deemed to have satisfied the requirements of section 5361(1) of this title if the tenure of his appointment is substantially equivalent to the tenure of any appointment referred to in such paragraph.

(b)

Subsection (a) of this section does not modify or otherwise affect section 5102(d) of this title, section 305 of title 44, and section 5141 of title 31.

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. § 5349

    Added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 572

    Source evidence

    Code source credit
    Added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 572

    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. Pub. L. 95–454 title VIII § 801(a)(3)(H) · 92 Stat. 1111

    1. Substituted · 5 U.S.C. § 5349(a)

      Pub. L. 95–454 substituted “subchapter VI of this chapter, relating to grade and pay retention,” for “section 5345, relating to retention of pay,”

    2. Substituted · 5 U.S.C. § 5349(a)

      Pub. L. 95–454 substituted “subchapter VI of this chapter” for “section 5345 of this title”

    3. Substituted · 5 U.S.C. § 5349(a)

      Pub. L. 95–454 substituted “section 5361(1)” for “paragraph (2) of section 5345(a)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–454 substituted “subchapter VI of this chapter, relating to grade and pay retention,” for “section 5345, relating to retention of pay,”, “subchapter VI of this chapter” for “section 5345 of this title”, and “section 5361(1)” for “paragraph (2) of section 5345(a)”.

    Enacted provision · exact public law section
    (3) (A) Chapter 53 of title 5, United States Code, is amended— 5 USC 5301 et seq. (i) by redesignating subchapter VI as subchapter VII, and (ii) by redesignating sections 5361 through 5365 as sections 5371 through 5375, respectively. (B) (i) The analysis of chapter 53 of title 5, United States Code, is amended by striking out the items relating to subchapter VI thereof and inserting in lieu thereof the following:

    Effective date note
    Amendment by Pub. L. 95–454 effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under section 5361 of this title.

  3. Pub. L. 97–258 § 3(a)(11) · 96 Stat. 1063

    Substituted · 5 U.S.C. § 5349(b)

    Pub. L. 97–258 substituted “section 5141” for “section 180”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–258 substituted “section 5141” for “section 180”.

  4. General Accounting Office Personnel Amendments Act of 1988

    Pub. L. 100–426 title III § 301 · 102 Stat. 1598

    Inserted · 5 U.S.C. § 5349(a)

    Pub. L. 100–426 inserted reference to General Accounting Office

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–426 inserted reference to General Accounting Office.

    Enacted provision · exact public law section
    SEC. 301. PREVAILING RATE EMPLOYEES. Section 5349(a) of title 5, United States Code, is amended by inserting “the General Accounting Office,” after “the Government Printing Office,”.

  5. Administrative Office of the United States Courts Personnel Act of 1990

    Pub. L. 101–474 § 5(j) · 104 Stat. 1097

    Struck · 5 U.S.C. § 5349(a)

    Pub. L. 101–474 struck out “the Administrative Office of the United States Courts,” before “the Library of Congress”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–474 struck out “the Administrative Office of the United States Courts,” before “the Library of Congress”.

    Enacted provision · exact public law section
    (j) Section 5349(a) of title 5, United States Code, is amended by striking “the Administrative Office of the United States Courts,”.

  6. GAO Human Capital Reform Act of 2004

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

    Substituted · 5 U.S.C. § 5349(a)

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

    Source evidence

    Code amendment note
    Subsec. (a). 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.

7 of 8 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

Provisions similar to those comprising subsec. (a) of this section were contained in Pub. L. 89–554, , 80 Stat. 471; Pub. L. 90–83, § 1(97), , 81 Stat. 220 (formerly classified to section 5341(a) of this title) prior to the general amendment of this subchapter by section 1(a) of Pub. L. 92–392.

Amendments1978–2004 · 5 rounds

2004

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

1990

Subsec. (a). Pub. L. 101–474 struck out “the Administrative Office of the United States Courts,” before “the Library of Congress”.

1988

Subsec. (a). Pub. L. 100–426 inserted reference to General Accounting Office.

1982

Subsec. (b). Pub. L. 97–258 substituted “section 5141” for “section 180”.

1978

Subsec. (a). Pub. L. 95–454 substituted “subchapter VI of this chapter, relating to grade and pay retention,” for “section 5345, relating to retention of pay,”, “subchapter VI of this chapter” for “section 5345 of this title”, and “section 5361(1)” for “paragraph (2) of section 5345(a)”.

Statutory Notes and Related Subsidiaries

Change of Name

“Government Publishing Office” substituted for “Government Printing Office” in subsec. (a) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective on first day of first applicable pay period beginning on or after 90th day after , see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under section 5361 of this title.

Effective Date

Section effective on first day of first applicable pay period beginning on or after 90th day after , see section 15(a) of Pub. L. 92–392, set out as a note under section 5341 of this title.

Credits

1972–2014 · 7 acts
  1. 1972Added Pub. L. 92–392, § 1(a), , 86 Stat. 572
  2. 1978amended Pub. L. 95–454, title VIII, § 801(a)(3)(H), , 92 Stat. 1222
  3. 1982Pub. L. 97–258, § 3(a)(11), , 96 Stat. 1063
  4. 1988Pub. L. 100–426, title III, § 301, , 102 Stat. 1602
  5. 1990Pub. L. 101–474, § 5(j), , 104 Stat. 1100
  6. 2004Pub. L. 108–271, § 8(b), , 118 Stat. 814
  7. 2014Pub. L. 113–235, div. H, title I, § 1301(b), , 128 Stat. 2537.
Show as published

(Added Pub. L. 92–392, § 1(a), , 86 Stat. 572; amended Pub. L. 95–454, title VIII, § 801(a)(3)(H), , 92 Stat. 1222; Pub. L. 97–258, § 3(a)(11), , 96 Stat. 1063; Pub. L. 100–426, title III, § 301, , 102 Stat. 1602; Pub. L. 101–474, § 5(j), , 104 Stat. 1100; Pub. L. 108–271, § 8(b), , 118 Stat. 814; Pub. L. 113–235, div. H, title I, § 1301(b), , 128 Stat. 2537.)

Parsed from the official OLRC USLM XML in data/usc_all/usc05.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t5/s5349