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 and adjusted from time to time as nearly as is consistent with the public interest in ac- cordance with prevailing rates and in accord- ance with such provisions of this subchapter, in- cluding 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 appro- priate 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 con- cerned shall be deemed to have satisfied the re- quirements of section 5361(1) of this title if the tenure of his appointment is substantially equivalent to the tenure of any appointment re- ferred to in such paragraph. (b) Subsection (a) of this section does not mod- ify or otherwise affect section 5102(d) of this title, section 305 of title 44, and section 5141 of title 31. (Added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 572; amended Pub. L. 95–454, title VIII, § 801(a)(3)(H), Oct. 13, 1978, 92 Stat. 1222; Pub. L. 97–258, § 3(a)(11), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 100–426, title III, § 301, Sept. 9, 1988, 102 Stat. 1602; Pub. L. 101–474, § 5(j), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising subsec. (a) of this section were contained in Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 471; Pub. L. 90–83, § 1(97), Sept. 11, 1967, 81 Stat. 220 (formerly classified to section 5341(a) of this title) prior to the general amendment of this sub- chapter by section 1(a) of Pub. L. 92–392. AMENDMENTS 2004—Subsec. (a). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 1990—Subsec. (a). Pub. L. 101–474 struck out ‘‘the Ad- ministrative 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 ‘‘sub- chapter VI of this chapter, relating to grade and pay re- tention,’’ 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 author- ity 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 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. EFFECTIVE DATE Section 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 a note under section 5341 of this title. SUBCHAPTER V—STUDENT-EMPLOYEES § 5351. Definitions For the purpose of this subchapter— (1) ‘‘agency’’ means an Executive agency, a military department, and the government of the District of Columbia; and (2) ‘‘student-employee’’ means— (A) a student nurse, medical or dental in- tern, resident-in-training, student dietitian, student physical therapist, and student oc- cupational therapist, assigned or attached to a hospital, clinic, or medical or dental lab- oratory operated by an agency; and (B) any other student-employee, assigned or attached primarily for training purposes to a hospital, clinic, or medical or dental laboratory operated by an agency, who is designated by the head of the agency with the approval of the Office of Personnel Man- agement. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)