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5 U.S.C. § 5349 — Prevailing rate employees; legislative, judicial, Bureau of Engraving and Printing, and government of the District of Columbia

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5349 — Prevailing rate employees; legislative, judicial, Bureau of Engraving and Printing, and government of the District of Columbia

**(a)** The pay of employees, described under [section 5102(c)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5102/c/7&num=0&edition=prelim), 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](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 for 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). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5361/1&num=0&edition=prelim) 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](http

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Stable record: federal_law:legal_authorities:record_usc_452847bffea81517cdb4512f
Source file: Laws/federal/codes/united-states-code/title-5/section-5349-prevailing-rate-employees-legislative-judicial-bureau-of-engraving-and-p--0267e2aad3.md
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Passage SHA-256: 013db49acac306af7345a72e942fcd5b8cd3d92b56253dc53ddd939592182573

Source location: Title 5, Chapter 53, § 5349; chapter-053-pay-rates-and-systems.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5341 — Policy

It is the policy of Congress that rates of pay of prevailing rate employees be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and be based on principles that— (1) there will be equal pay for substantially equal work for all prevailing rate employees who are working under similar conditions of employment in all agencies within the same local wage area; (2) there will be relative differences in pay within a local wage area when there are substantial or recognizable differences in duties, responsibilities, and qualification requirements among positions; (3) the level of rates of pay will be maintained in line with prevailing levels for comparable work within a local wage area; and (4) the level of rates of pay will be maintained so as to attract and retain qualified prevailing rate employees.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5345 — Repealed. Pub. L. 95–454, title VIII, § 801(a)(2), Oct. 13, 1978, 92 Stat. 1221]

### Statutory Notes Section, added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 569, related to retained rate of pay on reduction in grade or reassignment. A prior section 5345, added Pub. L. 90–206, title II, § 223(a), Dec. 16, 1967, 81 Stat. 641, which provided for position classification appeals, was omitted in the general amendment of this subchapter, and is covered by [section 5346(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5346/c&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, and an employee receiving pay on day before such effective date not to have such pay reduced or terminated and, unless section 5362 applies, employee is entitled to continuation of such pay, etc., see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under [section 5361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5361&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 5141 — Operation of the Bureau

**(a)** The Secretary of the Treasury shall prepare and submit to the President an annual business-type budget for the Bureau of Engraving and Printing. **(b)** (1) The Secretary shall maintain in the Bureau an integrated accounting system with internal controls that— (A) ensures adequate control over assets and liabilities of the Bureau of Engraving and Printing Fund described in [section 5142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5142&num=0&edition=prelim); (B) develops accurate production costs to enable the Bureau to recover those costs on the basis of the work requisitioned; (C) provides for replacement of capitalized equipment and other fixed assets by maintaining adequate depreciation reserves based on original cost or appraised values; (D) discloses the financial condition and operations of the Fund on an accrual basis of accounting; and (E) provides information for the prior fiscal year on the annual budget of the Bureau. (2) The accounting system shall conform to principles and standards prescribed by the Comptroller General to carry out this subsection. The Comptroller General may review the system to ensure conformity to the principles and standards and its effectiveness of operation. **(c)** An officer or employee in the clerical-mechanical service of the Bureau assigned to an established shift or tour of duty at least half of which occurs between 6 p.m. and 6 a.m. is entitled to pay for the regular 40-hour week (except when on leave) at a rate of pay 15 percent higher than the day rate for the same work.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5361 — Definitions

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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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 301 — Director of the Government Publishing Office: appointment

**(a)** The President of the United States shall nominate and, by and with the advice and consent of the Senate, appoint a suitable person to take charge of and manage the Government Publishing Office. The title shall be Director of the Government Publishing Office. **(b)** The Director shall be appointed for a term of 10 years. **(c)** An individual appointed to the position of Director, by and with the advice and consent of the Senate, may be reappointed to that position in accordance with subsections (a) and (b).

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 305 — Director of the Government Publishing Office: employees; pay

**(a)** The Director of the Government Publishing Office may employ journeymen, apprentices, laborers, and other persons necessary for the work of the Government Publishing Office at rates of wages and salaries, including compensation for night and overtime work, the Director considers for the interest of the Government and just to the persons employed, except as otherwise provided by this section. The Director of the Government Publishing Office may not employ more persons than the necessities of the public work require nor more than four hundred apprentices at one time. The minimum pay of journeymen printers, pressmen, and bookbinders employed in the Government Publishing Office shall be at the rate of 90 cents an hour for the time actually employed. Except as provided by the preceding part of this section the rate of wages, including compensation for night and overtime work, for more than ten employees of the same occupation shall be determined by a conference between the Director of the Government Publishing Office and a committee selected by the trades affected, and the rates and compensation so agreed upon shall become effective upon approval by the Joint Committee on Printing. When the Director of the Government Publishing Office and the committee representing the trade fail to agree as to wages, salaries, and compensation, either party may appeal to the Joint Committee on Printing, and the decision of the Joint Committee is final. The wages, salaries, and compensation so determined are not subject to change oftener than once a year. **(b)** The Director of the Government Publishing Office may grant an employee paid on an annual basis compensatory time off from duty instead of overtime pay for overtime work.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 701 — Definitions

In this chapter— (1) “agency” includes the District of Columbia government but does not include the legislative branch or the Supreme Court. (2) “appropriations” means appropriated amounts and includes, in appropriate context— (A) funds; (B) authority to make obligations by contract before appropriations; and (C) other authority making amounts available for obligation or expenditure.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5342 — Definitions; application

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5349&num=0&edition=prelim); (H) the Government Accountability Office; or 11 So in original. The word “or” probably should not appear. (J) 22 So in original. Subsec. (a)(1) does not contain a subpar. (I). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105/c&num=0&edition=prelim) 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 requir

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5349 — Prevailing rate employees; legislative, ju-

Page 610 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5349 Subsecs. (b), (c). Pub. L. 104–201, § 3548(a)(3)(C)(i), (ii), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: ‘‘Vessel employees of the Panama Canal Commission may be paid in accord- ance with the wage practices of the maritime indus- try.’’ 1979—Subsec. (b). Pub. L. 96–70 substituted ‘‘Commis- sion’’ for ‘‘Company’’. 1972—Subsec. (a). Pub. L. 92–392 inserted reference to subsection (c) of this section. Subsec. (c). Pub. L. 92–392 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Rela- tions and Intercourse. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–392 effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as an Effective Date note under section 5341 of this title. LIMITATION ON PAY ADJUSTMENTS For provisions limiting the adjustment of salary or basic pay of employees covered by this section, see pro- visions set out as notes under section 5343 of this title. § 5349. Prevailing rate employees; legislative, ju- dicial, Bureau of Engraving and Printing, and government of the District of Columbia (a) The pay of employees, described under sec- tion 5102(c)(7) of this title, in the Library of Con- gress, the Botanic Garden, the Government Pub- lishing 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

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