US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 5342

Definitions; application

(a)
For the purpose of this subchapter—
(1)
“agency” means an Executive agency; but does not include—
(A)
a Government controlled corporation;
(B)
the Tennessee Valley Authority;
(C)
the Virgin Islands Corporation;
(D)
the Atomic Energy Commission;
(E)
the Central Intelligence Agency;
(F)
the National Security Agency, Department of Defense;
(G)
section 5349 of this title the Bureau of Engraving and Printing, except for the purposes of ;
(H)
1
1 So in original. The word “or” probably should not appear.
the Government Accountability Office; or 
(J)
2
2 So in original. Subsec. (a)(1) does not contain a subpar. (I).
  the Defense Intelligence Agency, Department of Defense; or
(K)
the National Geospatial-Intelligence Agency, Department of Defense;
(2)
“prevailing rate employee” means—
(A)
an individual employed in or under an agency in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or laboring experience and knowledge as the paramount requirement;
(B)
section 2105(c) of this title an employee of a nonappropriated fund instrumentality described by who is employed in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or laboring experience and knowledge as the paramount requirement; and
(C)
section 5102(c)(14) of this title an employee of the Veterans’ Canteen Service, Department of Veterans Affairs, excepted from chapter 51 of this title by who is employed in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or labor experience and knowledge as the paramount requirement; and
(3)
“position” means the work, consisting of duties and responsibilities, assignable to a prevailing rate employee.
(b)
(1)
Except as provided by paragraphs (2) and (3) of this subsection, this subchapter applies to all prevailing rate employees and positions in or under an agency.
(2)
section 5102(c) of this title This subchapter does not apply to employees and positions described by other than by—
(A)
paragraph (7) of that section to the extent that such paragraph (7) applies to employees and positions other than employees and positions of the Bureau of Engraving and Printing; and
(B)
paragraph (14) of that section.
(3)
section 5102(c)(8) of this title This subchapter, except section 5348, does not apply to officers and members of crews of vessels excepted from chapter 51 of this title by .
(c)
Each prevailing rate employee employed within any of the several States or the District of Columbia shall be a United States citizen or a bona fide resident of one of the several States or the District of Columbia unless the Secretary of Labor certifies that no United States citizen or bona fide resident of one of the several States or the District of Columbia is available to fill the particular position.

Pub. L. 92–392, § 1(a)86 Stat. 564Pub. L. 96–70, title III, § 3302(e)(1)93 Stat. 498Pub. L. 96–191, § 8(d)94 Stat. 33Pub. L. 97–468, title VI, § 615(b)(1)(D)96 Stat. 2578Pub. L. 98–618, title V, § 502(b)98 Stat. 3303Pub. L. 102–54, § 13(b)(1)105 Stat. 274Pub. L. 103–359, title V, § 501(h)108 Stat. 3429Pub. L. 104–201, div. A, title XI, § 1122(a)(1)110 Stat. 2687Pub. L. 108–271, § 8(b)118 Stat. 814Pub. L. 110–417122 Stat. 4575(Added , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , div. C, title XXXV, § 3548(a)(3)(A), , , 2868; , , ; , [div. A], title IX, § 931(a)(1), , .)

Editorial Notes

Prior Provisions

Pub. L. 89–55480 Stat. 471A prior section 5342, , , , provided for crews of vessels.

Pub. L. 89–55480 Stat. 471section 5342 of this titlesection 1(a) of Pub. L. 92–392Provisions similar to those comprising subsec. (b) of this section were contained in , , (formerly classified to ) prior to the general amendment of this subchapter by .

Amendments

Pub. L. 110–4172008—Subsec. (a)(1)(K). substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.

Pub. L. 108–2712004—Subsec. (a)(1)(H). substituted “Government Accountability Office” for “General Accounting Office”.

Pub. L. 104–201, § 3548(a)(3)(A)1996—Subsec. (a)(1). , which directed amendment of subsec. (a)(1) by striking subpar. (G) and redesignating subpars. (H), (I), (J), (K), and (L) as (G), (H), (I), (J), and (K), respectively, was executed by striking subpar. (F), relating to the Panama Canal Commission, and redesignating subpars. (G), (H), (I), (K), and (L) as (F), (G), (H), (J), and (K), respectively, to reflect the probable intent of Congress, because subsec. (a)(1) does not contain a subpar. (J) and the amendments were included in a series of conforming amendments relating to the Panama Canal.

Pub. L. 104–201, § 1122(a)(1)Subsec. (a)(1)(L). , substituted “National Imagery and Mapping Agency” for “Central Imagery Office”.

Pub. L. 103–3591994—Subsec. (a)(1)(J) to (L). directed the amendment of subpar. (J) by striking out “or” at end which could not be executed because par. (1) does not contain a subpar. (J), added “or” at end of subpar. (K), and added subpar. (L).

Pub. L. 102–541991—Subsec. (a)(2)(C). substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Pub. L. 98–6181984—Subsec. (a)(1)(I) to (K). struck out “or” at end of subpar. (I), inserted “or” at end of subpar. (J), and added subpar. (K).

Pub. L. 97–4681983—Subsec. (a)(1)(C) to (J). , eff. , struck out subpar. (C) which excluded the Alaska Railroad and redesignated subpars. (D) to (J) as (C) to (I), respectively. See Effective Date of 1983 Amendment note below.

Pub. L. 96–1911980—Subsec. (a)(1)(J). added subpar. (J).

Pub. L. 96–701979—Subsec. (a)(1)(G). substituted “Commission” for “Company”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

section 1122(a)(1) of Pub. L. 104–201section 1124 of Pub. L. 104–201section 193 of Title 10Amendment by effective , see , set out as a note under , Armed Forces.

Effective Date of 1983 Amendment

Pub. L. 97–468section 1203 of Title 45section 615(b) of Pub. L. 97–468Amendment by effective on date of transfer of Alaska Railroad to the State [], pursuant to , Railroads, see .

Effective Date of 1980 Amendment

Pub. L. 96–191section 10(a) of Pub. L. 96–191Amendment by effective , see .

Effective Date of 1979 Amendment

Pub. L. 96–70section 3304 of Pub. L. 96–70section 3601 of Title 22Amendment by effective , see , set out as an Effective Date note under , Foreign Relations and Intercourse.

Effective Date

section 15(a) of Pub. L. 92–392section 5341 of this titleSection effective on first day of first applicable pay period beginning on or after 90th day after , except that in the case of employees referred to in subsec. (a)(2)(B) and (C) section effective on first day of first applicable pay period beginning on or after 180th day after , or on such earlier date (not earlier than 90th day after ) as Civil Service Commission may prescribe, see , set out as a note under .

Abolition of Atomic Energy Commission

Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections.

Dissolution of Virgin Islands Corporation

act June 30, 1949, ch. 28563 Stat. 35048 U.S.C. 1407Pub. L. 97–357, title III, § 308(e)96 Stat. 1710Virgin Islands Corporation established to have succession until , unless sooner dissolved by Act of Congress, by , , as amended ( et seq.). Corporation terminated its program , and dissolved . Act , was repealed by , , .