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. § 5349

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

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(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.(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 NotesPrior 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 subchapter by section 1(a) of Pub. L. 92–392.

Amendments

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 SubsidiariesChange 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 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.

Notes of Decisions
Cited in 20 cases, 1978–2015 · leading case: Daniel Bradley v. The United States, 870 F.2d 1578 (Fed. Cir. 1989).
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Daniel Bradley v. The United States, 870 F.2d 1578 (Fed. Cir. 1989). · cites it 3× “Asserting entitlement under 5 U.S.C. § 5349 (1982) to back pay, they filed suit in the United States Claims Court seeking a retroactive award to April 1, 1983, or, at least, to various more recent dates.”
Archer v. United States, 18 Cl. Ct. 603 (Ct. Cl. 1989). · cites it 8× “Plaintiffs allege that the Director of the Bureau did not fully implement pay raises and exercise pay-fixing responsibilities mandated by 5 U.S.C. § 5349 (a) (1982) and Treasury regulations.”
Baratt v. United States, 218 Ct. Cl. 242 (Ct. Cl. 1978). · cites it 3× “Instead, plaintiffs are "prevailing rate” federal employees with their pay established pursuant to the provisions of 5 U.S.C. § 5349 (a) (Supp. V 1975). 3 Section 5349(a) provides that: (a) The pay of employees, described under section 5102(c)(7) of this title, in * * *, the…”
Bradley v. United States, 26 Cl. Ct. 699 (Ct. Cl. 1992). · cites it 5× “Plaintiffs contend that the determination constituted an unlawful, arbitrary and capricious exercise of the pay-fixing authority established by 5 U.S.C. § 5349 (a). Plaintiffs seek increased rates of pay and back pay retroactive to April 1, 1983.”
Donald D. Huston v. The United States, 956 F.2d 259 (Fed. Cir. 1992). “1989), which held that 5 U.S.C. § 5349 (1988) is pay mandating: “Inasmuch as discretion is not unlimited, the statute must be deemed to be a pay-mandating statute.”
Dep't of the Treasury, Bureau of Engraving & Printing v. Fed. Labor Relations Auth., 838 F.2d 1341 (D.C. Cir. 1988). · cites it 2× “DOT refused to bargain over the proposal asserting that 5 U.S.C. § 5349 (a), a section of the Prevailing Rate Act, which provides that [t]he pay of employees, described under section 5102(c)(7) of this title [undisput-edly including the electricians in question] in .”
Collins v. United States, 101 Fed. Cl. 435 (Fed. Cl. 2011). · cites it 3× “The statute at issue provided that the “pay of [BEP] employees .”
Dep't of Def. Dependents Schs. v. Fed. Labor Relations Auth., No. 87-1733, 863 F.2d 988 (D.C. Cir. 1988). “§ 5348 [of the Prevailing Rate Act] fully applies to DOT, electricians in the Bureau of Engraving and Printing, and 5 U.S.C. § 5349 [of the Prevailing Rate Act], We find the Third Circuit’s analysis of the statutory language and history entirely persuasive and we adopt that…”
Ainslie v. United States, 55 Fed. Cl. 103 (Fed. Cl. 2003). “Moreover, the Federal Circuit has held that an analogous prevailing rate provision, 5 U.S.C. § 5349 , which similarly commands that “pay .”
James D. Adams v. United States, 810 F.2d 1142 (Fed. Cir. 1987). “” 5 U.S.C. § 5349 (a). After using for some time the pay scale of the Government Printing Office to set wages for comparable positions at BEP, Treasury (in 1982) established a new tandem relationship with the wages paid by the American Bank Note Company for comparable positions…”
Bevevino v. United States, 99 Fed. Cl. 461 (Fed. Cl. 2011). · cites it 2× “’” (quoting 5 U.S.C. § 5349 and Benevento, 461 F.2d at 1320 )).”
Abramson v. United States, 40 Fed. Cl. 204 (Fed. Cl. 1998). “§ 305 , 5 U.S.C.A. § 5349 does not serve to bring plaintiffs within the scope of section 5544.”
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