U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart D— Pay and Allowances › Chapter CHAPTER 53— PAY RATES AND SYSTEMS › Subchapter SUBCHAPTER IV— PREVAILING RATE SYSTEMS

5 U.S.C. § 5342

Definitions; application

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(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 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 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.(Added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 564; amended Pub. L. 96–70, title III, § 3302(e)(1), Sept. 27, 1979, 93 Stat. 498; Pub. L. 96–191, § 8(d), Feb. 15, 1980, 94 Stat. 33; Pub. L. 97–468, title VI, § 615(b)(1)(D), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 98–618, title V, § 502(b), Nov. 8, 1984, 98 Stat. 3303; Pub. L. 102–54, § 13(b)(1), June 13, 1991, 105 Stat. 274; Pub. L. 103–359, title V, § 501(h), Oct. 14, 1994, 108 Stat. 3429; Pub. L. 104–201, div. A, title XI, § 1122(a)(1), div. C, title XXXV, § 3548(a)(3)(A), Sept. 23, 1996, 110 Stat. 2687, 2868; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–417, [div. A], title IX, § 931(a)(1), Oct. 14, 2008, 122 Stat. 4575.)Editorial NotesPrior Provisions

A prior section 5342, Pub. L. 89–554, Sept. 6, 1966, 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, Sept. 6, 1966, 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.

Amendments

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. 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.

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 SubsidiariesEffective Date of 1996 Amendment

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.

Effective Date of 1983 Amendment

Amendment by Pub. L. 97–468 effective on date of transfer of Alaska Railroad to the State [Jan. 5, 1985], 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 Oct. 1, 1980, see section 10(a) of Pub. L. 96–191.

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 Relations and Intercourse.

Effective Date

Section effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, 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 Aug. 19, 1972, or on such earlier date (not earlier than 90th day after Aug. 19, 1972) 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 June 30, 1969, 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 June 30, 1965, and dissolved July 1, 1966. Act June 30, 1949, was repealed by Pub. L. 97–357, title III, § 308(e), Oct. 19, 1982, 96 Stat. 1710.

Notes of Decisions
Cited in 24 cases, 1969–2009 · leading case: Stephen Bosco, Charles L. Davis, Ray Dean Williams, John M. Wolf, & All Similarly Situated Individuals v. The United States, 931 F.2d 879 (Fed. Cir. 1991).
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Stephen Bosco, Charles L. Davis, Ray Dean Williams, John M. Wolf, & All Similarly Situated Individuals v. The United States, 931 F.2d 879 (Fed. Cir. 1991). · cites it 2× “” 5 U.S.C. § 5342 (a)(2)(A) (emphasis added).”
Rafael E. Bennett v. The Panama Canal Co., 475 F.2d 1280 (D.C. Cir. 1973). · cites it 5× “Appellants complain that appellee did not pay them wages at the level required by 5 U.S.C. § 5342 (b), which they say directs that all “vessel employees” of appellee be paid in accordance with wage practices of the maritime industry.”
Averi v. United States, 23 Cl. Ct. 127 (Ct. Cl. 1991). · cites it 4× “Both technicians and foremen are prevailing rate employees as defined in 5 U.S.C. § 5342 (a)(2)(A). Unlike foremen, the technicians negotiate their wages through collective bargaining and are represented by the National Federation of Federal Employees (NFFE), Local 1418.”
Nat'l Mar. Union of Am. v. United States, 231 Ct. Cl. 59 (Ct. Cl. 1982). · cites it 2× “6,1966, § 1 [ 5 U.S.C. § 5342 (a)], Pub. L. No. 89-554,80 Stat.”
Weslie C. Haneke v. Sec'y of Health, Educ. & Welfare, 535 F.2d 1291 (D.C. Cir. 1976). “IV, 1974) provides in relevant part: (a) For the purpose of this subchapter— (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 un *1293 skilled, semiskilled, or…”
Bevevino v. United States, 87 Fed. Cl. 397 (Fed. Cl. 2009). “" 5 U.S.C. § 5342 (a)(2)(A) (emphasis added).”
L. M. Daniels & Clayton G. Leonard v. The United States, 407 F.2d 1345 (Ct. Cl. 1969). “167: Development of a Pay-Fixing System for the Navy’s Maritime Service (Mar. 12, 1959). Hereafter, the study will be cited as “project,” with numerical reference to the page numbers of the report.”
Nuclear Regulatory Comm'n v. Fed. Labor Relations Auth., Nat'l Treasury Employees Union, Intervenor, 879 F.2d 1225 (4th Cir. 1989). “See generally 5 U.S.C. §§ 5342 et seq. (Prevailing Rate Act of 1972).”
Mudge v. United States, 63 Fed. Cl. 363 (Fed. Cl. 2004). “§§ 5341-49 , constitutes in effect the *366 statutory framework for the "Federal Wage System.”
Am. Fed'n of Gov't Employees v. Brown, 481 F. Supp. 711 (D.D.C. 1979). “See 5 U.S.C. § 5342 (a)(2) (1976). Certain of these workers are paid by funds appropriated by Congress.”
Nat'l Fed'n of Fed. Employees, Local 1622 v. Brown, 645 F.2d 1017 (D.C. Cir. 1981). “See 5 U.S.C. § 5342 (a)(2) (1976). . Members of the class represented by plaintiff-appellants are employed by such “nonappropriated fund instrumentalities” as Defense Department commissaries and Veterans Administration canteens.”
Nat'l Fed'n of Fed. Employees, Local 1622 v. Brown, 481 F. Supp. 704 (D.D.C. 1979). · cites it 2× “Plaintiff asserts that since the stated objective of the legislation was to equalize this burden and since the only group of prevailing rate workers specifically covered is that defined by 5 U.S.C. § 5342 (a)(2)(A), who are workers paid by appropriated funds, Congress presumably…”
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