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Title 5, Government Organization and EmployeesRelease 119-102

§5347 Federal Prevailing Rate Advisory Committee

Title 5 › PART III — EMPLOYEES › Subpart D — Pay and Allowances › CHAPTER 53 — PAY RATES AND SYSTEMS › SUBCHAPTER IV — PREVAILING RATE SYSTEMS › § 5347

Last updated Aug 21, 2026|Official source

Summary

Creates a Federal Prevailing Rate Advisory Committee to study and advise on prevailing pay rates. The committee has a Chairman (appointed by the Director of the Office of Personnel Management for a 4-year term who may hold no other federal or D.C. government job), one member from the Secretary of Defense’s office, two members from the military departments, one member from another agency, one OPM employee, and five members chosen from the employee organizations that represent the largest numbers of prevailing rate workers. The Director of OPM names most members. The Director must try to keep employee-organization seats proportional to how many workers each organization represents, but no more than two people from any one organization and no more than four from any single council or federation. The Director reviews representation every 2 years and may remove employee-organization members. The committee decides by majority vote (the Chairman votes only to break ties), meets when the Chairman calls it (or after a written request by five members), and mostly serves without extra pay (employee-organization reps get no government pay). The Chairman is a Senior Executive Service position and OPM must supply staff the Chairman needs.

Full Legal Text

Title 5, §5347

Government Organization and Employees, Source: USLM XML via OLRC

(a)There is established a Federal Prevailing Rate Advisory Committee composed of—
(1)the Chairman, who shall not hold any other office or position in the Government of the United States or the government of the District of Columbia, and who shall be appointed by the Director of the Office of Personnel Management for a 4-year term;
(2)one member from the Office of the Secretary of Defense, designated by the Secretary of Defense;
(3)two members from the military departments, designated by the Director of the Office of Personnel Management;
(4)one member, designated by the Director of the Office of Personnel Management from time to time from an agency (other than the Department of Defense, a military department, and the Office of Personnel Management);
(5)an employee of the Office of Personnel Management, designated by the Director of the Office of Personnel Management; and
(6)five members, designated by the Director of the Office of Personnel Management, from among the employee organizations representing, under exclusive recognition of the Government of the United States, the largest numbers of prevailing rate employees.
(b)In designating members from among employee organizations under subsection (a)(6) of this section, the Director of the Office of Personnel Management shall designate, as nearly as practicable, a number of members from a particular employee organization in the same proportion to the total number of employee representatives appointed to the Committee under subsection (a)(6) of this section as the number of prevailing rate employees represented by such organization is to the total number of prevailing rate employees. However, there shall not be more than two members from any one employee organization nor more than four members from a single council, federation, alliance, association, or affiliation of employee organizations.
(c)Every 2 years the Director of the Office of Personnel Management shall review employee organization representation to determine adequate or proportional representation under the guidelines of subsection (b) of this section.
(d)The members from the employee organizations serve at the pleasure of the Director of the Office of Personnel Management.
(e)The Committee shall study the prevailing rate system and other matters pertinent to the establishment of prevailing rates under this subchapter and, from time to time, advise the Office of Personnel Management thereon. Conclusions and recommendations of the Committee shall be formulated by majority vote. The Chairman of the Committee may vote only to break a tie vote of the Committee.
(f)The Committee shall meet at the call of the Chairman. However, a special meeting shall be called by the Chairman if 5 members make a written request to the Chairman to call a special meeting to consider matters within the purview of the Committee.
(g)(1)Except as provided in paragraph (2), members of the Committee described in paragraphs (2)–(5) of subsection (a) of this section serve without additional pay. Members who represent employee organizations are not entitled to pay from the Government of the United States for services rendered to the Committee.
(2)The position of Chairman shall be considered to be a Senior Executive Service position within the meaning of section 3132(a), and shall be subject to all provisions of this title relating to Senior Executive Service positions, including section 5383.
(h)The Office of Personnel Management shall provide such clerical and professional personnel as the Chairman of the Committee considers appropriate and necessary to carry out its functions under this subchapter. Such personnel shall be responsible to the Chairman of the Committee.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1995—Subsec. (e). Pub. L. 104–66 struck out at end “The Committee shall make an annual report to the Office and the President for transmittal to Congress, including recommendations and other matters considered appropriate. Any member of the Committee may include in the annual report recommendations and other matters he considers appropriate.” 1992—Subsec. (g). Pub. L. 102–378 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), members” for “Members”, struck out second sentence which read as follows: “The Chairman is entitled to a rate of pay equal to the maximum rate currently paid, from time to time, under the General Schedule.”, and added par. (2). 1979—Subsec. (e). Pub. L. 96–54 substituted “Office” for “Commission”. 1978—Subsecs. (a) to (e), (h). Pub. L. 95–454 substituted “Director of the Office of Personnel Management” for “Chairman of the Civil Service Commission” and “Office of Personnel Management” for “Civil Service Commission”, wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 1979 AmendmentAmendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.

Effective Date

of 1978 AmendmentAmendment 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 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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 5347

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102