
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1113(a)]
[Document affected by Public Law 107-107 Section 1113(b)]
[Document affected by Public Law 107-67 Section 613]
[CITE: 5USC5343]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
                 SUBCHAPTER IV--PREVAILING RATE SYSTEMS
 
Sec. 5343. Prevailing rate determinations; wage schedules; night 
        differentials
        
    (a) The pay of prevailing rate employees shall be fixed and adjusted 
from time to time as nearly as is consistent with the public interest in 
accordance with prevailing rates. Subject to section 213(f) of title 29, 
the rates may not be less than the appropriate rates provided by section 
206(a)(1) of title 29. To carry out this subsection--
        (1) the Office of Personnel Management shall define, as 
    appropriate--
            (A) with respect to prevailing rate employees other than 
        prevailing rate employees under paragraphs (B) and (C) of 
        section 5342(a)(2) of this title, the boundaries of--
                (i) individual local wage areas for prevailing rate 
            employees having regular wage schedules and rates; and
                (ii) wage areas for prevailing rate employees having 
            special wage schedules and rates;

            (B) with respect to prevailing rate employees under 
        paragraphs (B) and (C) of section 5342(a)(2) of this title, the 
        boundaries of--
                (i) individual local wage areas for prevailing rate 
            employees under such paragraphs having regular wage 
            schedules and rates (but such boundaries shall not extend 
            beyond the immediate locality in which the particular 
            prevailing rate employees are employed); and
                (ii) wage areas for prevailing rate employees under such 
            paragraphs having special wage schedules and rates;

        (2) the Office of Personnel Management shall designate a lead 
    agency for each wage area;
        (3) subject to paragraph (5) of this subsection, and subsections 
    (c)(1)-(3) and (d) of this section, a lead agency shall conduct wage 
    surveys, analyze wage survey data, and develop and establish 
    appropriate wage schedules and rates for prevailing rate employees;
        (4) the head of each agency having prevailing rate employees in 
    a wage area shall apply, to the prevailing rate employees of that 
    agency in that area, the wage schedules and rates established by the 
    lead agency, or by the Office of Personnel Management, as 
    appropriate, for prevailing rate employees in that area; and
        (5) the Office of Personnel Management shall establish wage 
    schedules and rates for prevailing rate employees who are United 
    States citizens employed in any area which is outside the several 
    States, the District of Columbia, the Commonwealth of Puerto Rico, 
    the territories and possessions of the United States, and the Trust 
    Territory of the Pacific Islands.

    (b) The Office of Personnel Management shall schedule full-scale 
wage surveys every 2 years and shall schedule interim surveys to be 
conducted between each 2 consecutive full-scale wage surveys. The Office 
may schedule more frequent surveys when conditions so suggest.
    (c) The Office of Personnel Management, by regulation, shall 
prescribe practices and procedures for conducting wage surveys, 
analyzing wage survey data, developing and establishing wage schedules 
and rates, and administering the prevailing rate system. The regulations 
shall provide--
        (1) that, subject to subsection (d) of this section, wages 
    surveyed be those paid by private employers in the wage area for 
    similar work performed by regular full-time employees, except that, 
    for prevailing rate employees under paragraphs (B) and (C) of 
    section 5342(a)(2) of this title, the wages surveyed shall be those 
    paid by private employers to full-time employees in a representative 
    number of retail, wholesale, service, and recreational 
    establishments similar to those in which such prevailing rate 
    employees are employed;
        (2) for participation at all levels by representatives of 
    organizations accorded recognition as the representatives of 
    prevailing rate employees in every phase of providing an equitable 
    system for fixing and adjusting the rates of pay for prevailing rate 
    employees, including the planning of the surveys, the drafting of 
    specifications, the selection of data collectors, the collection and 
    the analysis of the data, and the submission or recommendations to 
    the head of the lead agency for wage schedules and rates and for 
    special wage schedules and rates where appropriate;
        (3) for requirements for the accomplishment of wage surveys and 
    for the development of wage schedules and rates for prevailing rate 
    employees, including, but not limited to--
            (A) nonsupervisory and supervisory prevailing rate employees 
        paid under regular wage schedules and rates;
            (B) nonsupervisory and supervisory prevailing rate employees 
        paid under special wage schedules and rates; and
            (C) nonsupervisory and supervisory prevailing rate employees 
        described under paragraphs (B) and (C) of section 5342(a)(2) of 
        this title;

        (4) for proper differentials, as determined by the Office, for 
    duty involving unusually severe working conditions or unusually 
    severe hazards;
        (5) rules governing the administration of pay for individual 
    employees on appointment, transfer, promotion, demotion, and other 
    similar changes in employment status; and
        (6) for a continuing program of maintenance and improvement 
    designed to keep the prevailing rate system fully abreast of 
    changing conditions, practices, and techniques both in and out of 
    the Government of the United States.

    (d)(1) A lead agency, in making a wage survey, shall determine 
whether there exists in the local wage area a number of comparable 
positions in private industry sufficient to establish wage schedules and 
rates for the principal types of positions for which the survey is made. 
The determination shall be in writing and shall take into consideration 
all relevant evidence, including evidence submitted by employee 
organizations recognized as representative of prevailing rate employees 
in that area.
    (2) When the lead agency determines that there is a number of 
comparable positions in private industry insufficient to establish the 
wage schedules and rates, such agency shall--
        (A) establish the wage schedules and rates to be applicable to 
    prevailing rate employees other than prevailing rate employees of 
    the Department of Defense on the basis of--
            (i) local private industry rates; and
            (ii) rates paid for comparable positions in private industry 
        in the nearest wage area that such agency determines is most 
        similar in the nature of its population, employment, manpower, 
        and industry to the local wage area for which the wage survey is 
        being made; and

        (B) establish the wage schedules and rates to be applicable to 
    prevailing rate employees of the Department of Defense only on the 
    basis of local private industry rates.

    (e)(1) Each grade of a regular wage schedule for nonsupervisor 
prevailing rate employees shall have 5 steps with--
        (A) the first step at 96 percent of the prevailing rate;
        (B) the second step at 100 percent of the prevailing rate;
        (C) the third step at 104 percent of the prevailing rate;
        (D) the fourth step at 108 percent of the prevailing rate; and
        (E) the fifth step at 112 percent of the prevailing rate.

    (2) A prevailing rate employee under a regular wage schedule who has 
a work performance rating of satisfactory or better, as determined by 
the head of the agency, shall advance automatically to the next higher 
step within the grade at the beginning of the first applicable pay 
period following his completion of--
        (A) 26 calendar weeks of service in step 1;
        (B) 78 calendar weeks of service in step 2; and
        (C) 104 calendar weeks of service in each of steps 3 and 4.

    (3) Under regulations prescribed by the Office of Personnel 
Management, the benefits of successive step increases shall be preserved 
for prevailing rate employees under a regular wage schedule whose 
continuous service is interrupted in the public interest by service with 
the armed forces or by service in essential non-Government civilian 
employment during a period of war or national emergency.
    (4) Supervisory wage schedules and special wage schedules authorized 
under subsection (c)(3) of this section may have single or multiple 
rates or steps according to prevailing practices in the industry on 
which the schedule is based.
    (f) A prevailing rate employee is entitled to pay at his scheduled 
rate plus a night differential--
        (1) amounting to 7\1/2\ percent of that scheduled rate for 
    regularly scheduled nonovertime work a majority of the hours of 
    which occur between 3 p.m. and midnight; and
        (2) amounting to 10 percent of that scheduled rate for regularly 
    scheduled nonovertime work a majority of the hours of which occur 
    between 11 p.m. and 8 a.m.

A night differential under this subsection is a part of basic pay.

(Added Pub. L. 92-392, Sec. 1(a), Aug. 19, 1972, 86 Stat. 566; amended 
Pub. L. 95-454, title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 
1224; Pub. L. 96-70, title III, Sec. 3302(e)(10), Sept. 27, 1979, 93 
Stat. 499; Pub. L. 99-145, title XII, Sec. 1242(a), Nov. 8, 1985, 99 
Stat. 735; Pub. L. 104-201, div. C, title XXXV, Sec. 3548(a)(3)(B), 
Sept. 23, 1996, 110 Stat. 2868.)


                            Prior Provisions

    A prior section 5343, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 471, 
related to effective date of pay increases and is covered by section 
5344(a) of this title.
    Provisions similar to those comprising part of first sentence of 
subsec. (c) and subsec. (d) of this section were contained in Pub. L. 
90-560, Sec. 4, Oct. 12, 1968, 82 Stat. 997 (formerly classified to 
section 5341(c) of this title) prior to the general amendment of this 
subchapter by section 1(a) of Pub. L. 92-392.


                               Amendments

    1996--Subsec. (a)(5). Pub. L. 104-201 struck out ``the areas and 
installations in the Republic of Panama made available to the United 
States pursuant to the Panama Canal Treaty of 1977 and related 
agreements (as described in section 3(a) of the Panama Canal Act of 
1979),'' after ``Puerto Rico,''.
    1985--Subsec. (d)(2). Pub. L. 99-145 amended par. (2) generally, 
designating existing provisions as subpar. (A), inserting ``to be 
applicable to prevailing rate employees other than prevailing rate 
employees of the Department of Defense'', redesignating as cls. (i) and 
(ii) provisions previously designated subpars. (A) and (B), and adding 
subpar. (B).
    1979--Subsec. (a)(5). Pub. L. 96-70 substituted ``areas and 
installations in the Republic of Panama made available to the United 
States pursuant to the Panama Canal Treaty of 1977 and related 
agreements (as described in section 3(a) of the Panama Canal Act of 
1979)'' for ``Canal Zone''.
    1978--Subsecs. (a) to (c), (e)(3). Pub. L. 95-454 substituted 
``Office of Personnel Management'' for ``Civil Service Commission'' and 
``Office'' for ``Commission'' wherever appearing.


                    Effective Date of 1985 Amendment

    Section 1242(b) of Pub. L. 99-145 provided that: ``The rate of pay 
payable to a prevailing rate employee employed by the Department of 
Defense on the day before the date of enactment of this Act [Nov. 8, 
1985] may not be reduced by reason of the amendment made by subsection 
(a) [amending this section].''


                    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 of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.


                             Effective Date

    Section other than subsec. (e)(1)(D), (E), (2)(C) of this section 
effective on first day of first applicable pay period beginning on or 
after 90th day after Aug. 19, 1972, and such subsec. (a)(1)(D), (E), 
(2)(C) not effective until first day of first pay period commencing 
after date on which President ceases to exercise his authority under 
Economic Stabilization Act of 1970 to stabilize wages and salaries, or 
Apr. 30, 1973, whichever occurs first, see section 15(a) of Pub. L. 92-
392, set out as a note under section 5341 of this title.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.


Limitation on Pay Adjustments for Prevailing Rate Employees and Crews of 
                                 Vessels

    Pub. L. 106-554, Sec. 1(a)(3) [title VI, Sec. 613], Dec. 21, 2000, 
114 Stat. 2763, 2763A-157, provided that:
    ``(a) Notwithstanding any other provision of law, and except as 
otherwise provided in this section, no part of any of the funds 
appropriated for fiscal year 2001, by this or any other Act, may be used 
to pay any prevailing rate employee described in section 5342(a)(2)(A) 
of title 5, United States Code--
        ``(1) during the period from the date of expiration of the 
    limitation imposed by section 613 of the Treasury and General 
    Government Appropriations Act, 2000 [Pub. L. 106-58, 113 Stat. 468], 
    until the normal effective date of the applicable wage survey 
    adjustment that is to take effect in fiscal year 2001, in an amount 
    that exceeds the rate payable for the applicable grade and step of 
    the applicable wage schedule in accordance with such section 613; 
    and
        ``(2) during the period consisting of the remainder of fiscal 
    year 2001, in an amount that exceeds, as a result of a wage survey 
    adjustment, the rate payable under paragraph (1) by more than the 
    sum of--
            ``(A) the percentage adjustment taking effect in fiscal year 
        2001 under section 5303 of title 5, United States Code, in the 
        rates of pay under the General Schedule; and
            ``(B) the difference between the overall average percentage 
        of the locality-based comparability payments taking effect in 
        fiscal year 2001 under section 5304 of such title (whether by 
        adjustment or otherwise), and the overall average percentage of 
        such payments which was effective in fiscal year 2000 under such 
        section.
    ``(b) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which subsection (a) is 
in effect at a rate that exceeds the rates that would be payable under 
subsection (a) were subsection (a) applicable to such employee.
    ``(c) For the purposes of this section, the rates payable to an 
employee who is covered by this section and who is paid from a schedule 
not in existence on September 30, 2000, shall be determined under 
regulations prescribed by the Office of Personnel Management.
    ``(d) Notwithstanding any other provision of law, rates of premium 
pay for employees subject to this section may not be changed from the 
rates in effect on September 30, 2000, except to the extent determined 
by the Office of Personnel Management to be consistent with the purpose 
of this section.
    ``(e) This section shall apply with respect to pay for service 
performed after September 30, 2000.
    ``(f) For the purpose of administering any provision of law 
(including any rule or regulation that provides premium pay, retirement, 
life insurance, or any other employee benefit) that requires any 
deduction or contribution, or that imposes any requirement or limitation 
on the basis of a rate of salary or basic pay, the rate of salary or 
basic pay payable after the application of this section shall be treated 
as the rate of salary or basic pay.
    ``(g) Nothing in this section shall be considered to permit or 
require the payment to any employee covered by this section at a rate in 
excess of the rate that would be payable were this section not in 
effect.
    ``(h) The Office of Personnel Management may provide for exceptions 
to the limitations imposed by this section if the Office determines that 
such exceptions are necessary to ensure the recruitment or retention of 
qualified employees.''
    Similar provisions were contained in the following prior acts:
    Pub. L. 106-58, title VI, Sec. 613, Sept. 29, 1999, 113 Stat. 468.
    Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 614], Oct. 21, 
1998, 112 Stat. 2681-480, 2681-515.
    Pub. L. 105-61, title VI, Sec. 614, Oct. 10, 1997, 111 Stat. 1311.
    Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, Sec. 616], 
Sept. 30, 1996, 110 Stat. 3009-314, 3009-356.
    Pub. L. 104-52, title VI, Sec. 616, Nov. 19, 1995, 109 Stat. 500, as 
amended by Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, 
Sec. 659 [title II, Sec. 206(b)(3)]], Sept. 30, 1996, 110 Stat. 3009-
314, 3009-372, 3009-378.
    Pub. L. 103-329, title VI, Sec. 617, Sept. 30, 1994, 108 Stat. 2419.
    Pub. L. 103-123, title VI, Sec. 615, Oct. 28, 1993, 107 Stat. 1261.
    Pub. L. 102-393, title VI, Sec. 616, Oct. 6, 1992, 106 Stat. 1768.
    Pub. L. 102-141, title VI, Sec. 616, Oct. 28, 1991, 105 Stat. 870.
    Pub. L. 101-509, title VI, Sec. 612, Nov. 5, 1990, 104 Stat. 1473.
    Pub. L. 101-136, title VI, Sec. 612, Nov. 3, 1989, 103 Stat. 818.
    Pub. L. 100-440, title VI, Sec. 612, Sept. 22, 1988, 102 Stat. 1753.
    Pub. L. 100-202, Sec. 101(m) [title VI, Sec. 613], Dec. 22, 1987, 
101 Stat. 1329-390, 1329-421.
    Pub. L. 99-500, Sec. 101(m) [title VI, Sec. 613], Oct. 18, 1986, 100 
Stat. 1783-308, 1783-330, and Pub. L. 99-591, Sec. 101(m) [title VI, 
Sec. 613], Oct. 30, 1986, 100 Stat. 3341-308, 3341-330.
    Pub. L. 99-272, title XV, Sec. 15201(b), Apr. 7, 1986, 100 Stat. 
332.
    Pub. L. 99-190, Sec. 101(h) [H.R. 3036, title VI, Sec. 613], Dec. 
19, 1985, 99 Stat. 1291.
    Pub. L. 98-473, Sec. 101(j) [H.R. 5798, title VI, Sec. 616], Oct. 
12, 1984, 98 Stat. 1963.
    Pub. L. 98-369, div. B, title II, Sec. 2202, July 18, 1984, 98 Stat. 
1058.
    Pub. L. 98-270, title II, Sec. 202(b), Apr. 18, 1984, 98 Stat. 158.
    Pub. L. 98-151, Sec. 101(f) [H.R. 4139, title VI, Sec. 616], Nov. 
14, 1983, 97 Stat. 973.
    Pub. L. 98-107, Sec. 110, Oct. 1, 1983, 97 Stat. 741.
    Pub. L. 97-377, title I, Sec. 107, Dec. 21, 1982, 96 Stat. 1909.
    Pub. L. 97-276, Sec. 109, Oct. 2, 1982, 96 Stat. 1191.
    Pub. L. 97-35, title XVII, Sec. 1701(b), Aug. 13, 1981, 95 Stat. 
754.
    Pub. L. 96-536, Sec. 101(a) [incorporating Pub. L. 96-74, title VI, 
Sec. 613], Dec. 16, 1980, 94 Stat. 3166.
    Pub. L. 96-369, Sec. 114, Oct. 1, 1980, 94 Stat. 1356.
    Pub. L. 96-74, title VI, Sec. 613, Sept. 29, 1979, 93 Stat. 576.
    Pub. L. 95-429, title VI, Sec. 614, Oct. 10, 1978, 92 Stat. 1018.


           Wage Rate for Certain Corps of Engineers Employees

    Pub. L. 99-661, div. A, title XIII, Sec. 1358, Nov. 14, 1986, 100 
Stat. 3999, provided that:
    ``(a) Wage Determinations.--Notwithstanding any other provision of 
law, in the administration of the last undesignated paragraph preceding 
chapter 6 of title I of Public Law 97-257 (96 Stat. 832) [set out 
below], the individuals described in subsection (b) shall be paid wages 
determined in the same manner as that established in such undesignated 
paragraph with respect to United States Army Corps of Engineers 
employees paid from Corps of Engineers Special Power Rate Schedules.
    ``(b) Covered Individuals.--The individuals described in subsection 
(a) are electric powerplant controllers and powerplant shift operators 
(as defined under regulations prescribed by the Secretary of Defense) 
assigned to the Soo Locks Power Plant in the Detroit District in the 
North Central Region of the United States Army Corps of Engineers.
    ``(c) Effective Date.--Subsection (a) applies with respect to pay 
periods commencing on or after the date of the enactment of this Act 
[Nov. 14, 1986].''


    Employees of United States Corps of Engineers Paid From Corps of 
Engineers Special Power Rate Schedules; Consistency of Wages With Wages 
               of Energy and Interior Department Employees

    Pub. L. 97-257, title I, Sec. 100, Sept. 10, 1982, 96 Stat. 832, 
provided in part that: ``Without regard to any other provision of law 
limiting the amounts payable to prevailing wage rate employees, United 
States Army Corps of Engineers employees paid from Corps of Engineers 
Special Power Rate Schedules shall be paid, beginning the effective date 
of each annual wage survey in the region after the date of enactment of 
this Act [Sept. 10, 1982], wages as determined by the Department of 
Defense Wage Fixing Authority to be consistent with wages of the 
Department of Energy and the Department of the Interior employees 
performing similar work in the corresponding area whose wage rates are 
established in accordance with section 9(b) of Public Law 92-392 or 
section 704 of Public Law 95-454 [set out as notes under this 
section].''


Negotiating Requirements for Labor Contracts, Etc., On and After October 
 13, 1978, and Negotiated Under Prevailing Rates and Practices Prior to 
                             August 19, 1972

    Section 704 of Pub. L. 95-454 provided that:
    ``(a) Those terms and conditions of employment and other employment 
benefits with respect to Government prevailing rate employees to whom 
section 9(b) of Public Law 92-392 [set out as a note under this section] 
applies which were the subject of negotiation in accordance with 
prevailing rates and practices prior to August 19, 1972, shall be 
negotiated on and after the date of the enactment of this Act [Oct. 13, 
1978] in accordance with the provisions of section 9(b) of Public Law 
92-392 without regard to any provision of chapter 71 of title 5, United 
States Code (as amended by this title [title VII of Pub. L. 95-454]), to 
the extent that any such provision is inconsistent with this paragraph.
    ``(b) The pay and pay practices relating to employees referred to in 
paragraph (1) of this subsection shall be negotiated in accordance with 
prevailing rates and pay practices without regard to any provision of--
        ``(A) chapter 71 of title 5, United States Code (as amended by 
    this title), to the extent that any such provision is inconsistent 
    with this paragraph;
        ``(B) subchapter IV of chapter 53 and subchapter V of chapter 55 
    of title 5, United States Code; or
        ``(C) any rule, regulation, decision, or order relating to rates 
    of pay or pay practices under subchapter IV of chapter 53 or 
    subchapter V of chapter 55 of title 5, United States Code.''


   Conversion Rules for Wage Schedule; Service for One Step Increase; 
    Prohibition of Decrease in Basic Pay Rate; Retained Pay Continued

    Section 9(a) of Pub. L. 92-392 provided that:
    ``(1) Except as provided by this subsection, an employee's initial 
rate of pay on conversion to a wage schedule established pursuant to the 
amendments made by this Act [see Effective Date note under section 5341 
of this title] shall be determined under conversion rules prescribed by 
the Civil Service Commission. Service by an employee in a grade of a 
wage schedule performed before the effective date of the conversion of 
the employee to a wage schedule established pursuant to the amendments 
made by this Act shall be counted toward not to exceed one step increase 
under the time in step provisions of section 5343(e)(2) of title 5, 
United States Code, as amended by the first section of this Act [subsec. 
(e)(2) of this section].
    ``(2) In the case of any employee described in section 2105(c), 
5102(c)(7), (8), or (14) of title 5, United States Code, who is in the 
service as such an employee immediately before the effective date, with 
respect to him, of the amendments made by this Act [see Effective Date 
note under section 5341 of this title], such amendments shall not be 
construed to decrease his rate of basic pay in effect immediately before 
the date [see Effective Date note under section 5341 of this title] on 
which such amendments become effective with respect to him. In addition, 
if an employee is receiving retained pay by virtue of law or agency 
policy immediately before the date on which the first wage schedule 
applicable to him under this Act is effective, he shall continue to 
retain that pay in accordance with the specific instructions under which 
the retained pay was granted until he leaves his position or until he 
becomes entitled to a higher rate.''


Labor Contracts Pertaining to Wages, Terms and Conditions of Employment, 
                      and Other Employment Benefits

    Section 9(b) of Pub. L. 92-392 provided that: ``The amendments made 
by this Act [enacting this subchapter and section 5550 of this title, 
amending sections 2105(c)(1), 5337, 5541(2)(xi), 5544(a), 5548, 
6101(a)(1), 7154(b), and 8704(d)(2) of this title, repealing section 
6102 of this title, and enacting provisions set out as notes under 
sections 5341 and 5343 of this title and section 60a of Title 2, The 
Congress] shall not be construed to--
        ``(1) abrogate, modify, or otherwise affect in any way the 
    provisions of any contract in effect on the date of enactment of 
    this Act [Aug. 19, 1972] pertaining to the wages, the terms and 
    conditions of employment, and other employment benefits, or any of 
    the foregoing matters, for Government prevailing rate employees and 
    resulting from negotiations between Government agencies and 
    organizations of Government employees;
        ``(2) nullify, curtail, or otherwise impair in any way the right 
    of any party to such contract to enter into negotiations after the 
    date of enactment of this Act [Aug. 19, 1972] for the renewal, 
    extension, modification, or improvement of the provisions of such 
    contract or for the replacement of such contract with a new 
    contract; or
        ``(3) nullify, change, or otherwise affect in any way after such 
    date of enactment [Aug. 19, 1972] any agreement, arrangement, or 
    understanding in effect on such date [Aug. 19, 1972] with respect to 
    the various items of subject matter of the negotiations on which any 
    such contract in effect on such date [Aug. 19, 1972] is based or 
    prevent the inclusion of such items of subject matter in connection 
    with the renegotiation of any such contract, or the replacement of 
    such contract with a new contract, after such date [Aug. 19, 
    1972].''


                               Wage Survey

    Section 15(b) of Pub. L. 92-392 provided that: ``A wage survey 
conducted by an agency before the effective date (with respect to 
employees covered by that wage survey) of this Act [see note under 
section 5341 of this title], for a wage schedule which becomes effective 
after that effective date [Aug. 19, 1972], is deemed to meet the 
requirement in this Act for a survey by a lead agency.''


    Equitable Wage Adjustments for Certain Prevailing Rate Employees

    Pub. L. 92-298, Secs. 1, 2, May 17, 1972, 86 Stat. 146, provided: 
``That this Act [enacting this note and amending sections 60a-1 and 60a-
2 of Title 2, The Congress] may be cited as the `Prevailing Rate 
Equalization Adjustment Act of 1972'.
    ``Sec. 2. (a) Notwithstanding any other provision of law or any 
provision of an Executive order or regulation, a wage schedule 
adjustment for employees of the Government of the United States whose 
pay is fixed and adjusted from time to time in accordance with 
prevailing rates--
        ``(1) if based on a wage survey ordered to be made on or after 
    August 15, 1971, but not placed into effect before November 14, 
    1971, by reason of the provisions of Executive Order 11615 or 
    Executive Order 11627 [formerly set out as notes under section 1904 
    of Title 12]; or
        ``(2) if based on a wage survey which had been scheduled to be 
    made during the period beginning on September 1, 1971, and ending on 
    January 12, 1972, and which was ordered to be made on or after 
    January 23, 1972;
shall be effective on the date on which such wage schedule adjustment 
would have been effective under section 5343 of title 5, United States 
(Code), had the fiscal year 1972 schedule for wage surveys for such 
employees been followed.
    ``(b) Retroactive pay made under the provisions of this section will 
be made in accordance with section 5344 of title 5, United States 
Code.''

                  Section Referred to in Other Sections

    This section is referred to in sections 5361, 5544, 6101, 6123 of 
this title.
