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Title 5 — Government Organization and EmployeesRelease 119-73not60

§5349 Prevailing Rate Employees; Legislative, Judicial, Bureau of Engraving and Printing, and Government of the District of Columbia

Title 5 › Part III— EMPLOYEES › Subpart D— Pay and Allowances › Chapter 53— PAY RATES AND SYSTEMS › Subchapter IV— PREVAILING RATE SYSTEMS › § 5349

Last updated Apr 3, 2026|Official source

Summary

Employees covered by 5 U.S.C. 5102(c)(7) who work at the Library of Congress, Botanic Garden, Government Publishing Office, Government Accountability Office, Office of the Architect of the Capitol, Bureau of Engraving and Printing, or the government of the District of Columbia must have their pay set and changed to match prevailing rates as closely as public interest allows. Each agency can choose to use the pay rules in this subchapter, including the retroactive pay rule (section 5344) and the grade-and-pay retention rules (subchapter VI). Under 29 U.S.C. 213(f), those rates cannot be lower than the rates in 29 U.S.C. 206(a)(1). If an agency applies subchapter VI to an employee, that employee counts as meeting the tenure test in section 5361(1) when their appointment time is substantially equivalent. The rule above does not change or affect 5 U.S.C. 5102(d), 44 U.S.C. 305, or 31 U.S.C. 5141.

Full Legal Text

Title 5, §5349

Government Organization and Employees — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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, § 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 Subsidiaries

Change 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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 5349

Title 5 — Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60