
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5349]

 
             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. 5349. Prevailing rate employees; legislative, judicial, 
        Bureau of Engraving and Printing, and government of the District 
        of Columbia
        
    (a) The pay of employees, described under section 5102(c)(7) of this 
title, in the Library of Congress, the Botanic Garden, the Government 
Printing Office, the General Accounting 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, Sec. 1(a), Aug. 19, 1972, 86 Stat. 572; amended 
Pub. L. 95-454, title VIII, Sec. 801(a)(3)(H), Oct. 13, 1978, 92 Stat. 
1222; Pub. L. 97-258, Sec. 3(a)(11), Sept. 13, 1982, 96 Stat. 1063; Pub. 
L. 100-426, title III, Sec. 301, Sept. 9, 1988, 102 Stat. 1602; Pub. L. 
101-474, Sec. 5(j), Oct. 30, 1990, 104 Stat. 1100.)


                            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, Sec. 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

    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)''.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 5342, 5544, 6101, 8704 of 
this title; title 31 section 732.
