5 U.S.C. § 5348

Crews of vessels

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(a) Except as provided by subsection (c), the pay of officers and members of crews of vessels excepted from chapter 51 of this title by section 5102(c)(8) of this title shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and practices in the maritime industry, not to exceed the rate of pay for the Vice President under section 104 of title 3.(b) The aggregate pay limitation prescribed under section 5307 shall not apply to an employee whose pay is fixed under subsection (a).(c) Vessel employees in an area where inadequate maritime industry practice exists and vessel employees of the Corps of Engineers shall have their pay fixed and adjusted under the provisions of this subchapter other than this section, as appropriate.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 471, § 5348, formerly § 5342; renumbered and amended Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 572; Pub. L. 96–70, title III, § 3302(e)(1), Sept. 27, 1979, 93 Stat. 498; Pub. L. 104–201, div. C, title XXXV, § 3548(a)(3)(C), Sept. 23, 1996, 110 Stat. 2868; Pub. L. 119–60, div. A, title XI, § 1104, Dec. 18, 2025, 139 Stat. 1073.)Editorial NotesAmendments

2025—Subsec. (a). Pub. L. 119–60, § 1104(1), substituted “subsection (c)” for “subsection (b) of this section” and inserted “, not to exceed the rate of pay for the Vice President under section 104 of title 3” before period at end.

Subsecs. (b), (c). Pub. L. 119–60, § 1104(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c).

1996—Subsec. (a). Pub. L. 104–201, § 3548(a)(3)(C)(iii), substituted “subsection (b)” for “subsections (b) and (c)”.

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 accordance with the wage practices of the maritime industry.”

1979—Subsec. (b). Pub. L. 96–70 substituted “Commission” 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 SubsidiariesEffective 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 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 provisions set out as notes under section 5343 of this title.

Notes of Decisions

Cited in 18 cases, 1975–2019 · leading case: International Organization of Masters, Mates & Pilots v. Honorable Harold Brown, Secretary of Defense

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International Organization of Masters, Mates & Pilots v. Honorable Harold Brown, Secretary of Defense (1983) cadc · cites it 7× “§ 5373 , 1 which limits the basic rate of pay “fix[ed] by [executive branch] administrative action” to the maximum rate for grade GS-18, applies to 5 U.S.C. § 5348 , 2 which requires the govern *538 ment to fix the pay of its civilian mariners “as nearly as is consistent with…”

National Maritime Union of America v. United States (1982) cc · cites it 4× “5 U.S.C. § 5348 (a) (1976). Treasury, Postal Service, and General Government Appropriations Act, 1979, § 614(a), Pub.”

Edmund R. Pitts v. United States of America (1979) ca1 · cites it 5× “§ 564 , but 5 U.S.C. § 5348 , which is part of the section of the United States Code denoted “Government Organization and Employees.”

Baratt v. United States (1978) cc · cites it 3× “955 , now codified as 5 U.S.C. § 5348 (a) (Supp. V 1975). The question in Amell was whether the Suits in Admiralty Act, 41 Stat.”

Ronald H. Whelan v. Charles S. Brinegar, Secretary of the Department of Transportation (1976) ca2 · cites it 2× “Acting pursuant to 5 U.S.C. § 5348 (a), which requires the payment of federal maritime salaries “in accordance with prevailing rates and practices in the *926 maritime industry,” the Wage Board of the Treasury Department entered an order adopting the Army’s basic wage rates for…”

Department of the Treasury, Bureau of Engraving and Printing v. Federal Labor Relations Authority (1988) cadc · cites it 2× “The Navy argued that 5 U.S.C. § 5348 , another section of the Prevailing Rate Act, which provides, in language nearly identical to section 5349, that *1343 the pay of officers and members of crews of vessels excepted from chapter 51 of this title by section 5102(c)(8) of this…”

Daigle v. United States (1978) cc · cites it 2× “The facts in this case are not in dispute, and the issue is whether under 5 U.S.C. § 5348 (1976) the MSC was required to adopt certain pay practices generally prevailing in the maritime industry.”

Department of Defense Dependents Schools v. Federal Labor Relations Authority, No. 87-1733 (1988) cadc “The reasoning of the Third Circuit with regard to the Navy, civilian mariners, and 5 U.S.C. § 5348 [of the Prevailing Rate Act] fully applies to DOT, electricians in the Bureau of Engraving and Printing, and 5 U.”

Blaha v. United States (1975) cc “Plaintiffs subsequently brought this suit as an apparent test case under 5 U.S.C. § 5348 (Supp. II, 1972), and 28 U.”

Best v. United States (1988) cc “at 2364-65, 2368 (1949) (now codified as 5 U.S.C. § 5348 (1982)). Amell held that the United States Court of Claims had jurisdiction over such a pay dispute.”

Nuclear Regulatory Commission v. Federal Labor Relations Authority, National Treasury Employees Union, Intervenor (1988) ca4 “There, the court held that proposals relating to the pay of civilian mariners were nonnegotiable because the mariners’ positions were governed by the Prevailing Rate Act, 5 U.S.C. § 5348 (a) (1982), which, in relevant part, provides that their pay “shall be fixed and adjusted…”

Best v. United States (1986) cc “at 2364-65, 2368 (1949) (now codified as 5 U.S.C. § 5348 (1982)). Amell held that the United States Court of Claims had jurisdiction over such a pay dispute.”

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