US Code

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

5 U.S.C. § 5343

Prevailing rate determinations; wage schedules; night differentials

(a)
section 213(f) of title 29section 206(a)(1) of title 29 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 , the rates may not be less than the appropriate rates provided by . To carry out this subsection—
(1)
the Office of Personnel Management shall define, as appropriate—
(A)
section 5342(a)(2) of this title with respect to prevailing rate employees other than prevailing rate employees under paragraphs (B) and (C) of , 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)
section 5342(a)(2) of this title with respect to prevailing rate employees under paragraphs (B) and (C) of , 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)
section 5342(a)(2) of this title 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 , 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 of 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)
section 5342(a)(2) of this title nonsupervisory and supervisory prevailing rate employees described under paragraphs (B) and (C) of ;
(4)
for proper differentials, as determined by the Office, for duty involving unusually severe working conditions or unusually severe hazards, and for any hardship or hazard related to asbestos, such differentials shall be determined by applying occupational safety and health standards consistent with the permissible exposure limit promulgated by the Secretary of Labor under the Occupational Safety and Health Act of 1970;
(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 establish the wage schedules and rates on the basis of—
(A)
local private industry rates; and
(B)
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.
(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 7½ 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.
(g)
(1)
For a prevailing rate employee described in section 5342(a)(2)(A) who is a wildland firefighter, as defined in section 5332a(a), the Secretary of Agriculture or the Secretary of the Interior (as applicable) shall increase the wage rates of that employee by an amount (determined at the sole and exclusive discretion of the applicable Secretary after consultation with the other Secretary) that is generally consistent with the percentage increases given to wildland firefighters in the General Schedule under section 5332a.
(2)
An increased wage rate under paragraph (1) shall be basic pay for the same purposes as the wage rate otherwise established under this section.
(3)
An increase under this subsection may not cause the wage rate of an employee to increase to a rate that would produce an annualized rate in excess of the annual rate for level IV of the Executive Schedule.

Pub. L. 92–392, § 1(a)86 Stat. 566Pub. L. 95–454, title IX, § 906(a)(2)92 Stat. 1224Pub. L. 96–70, title III, § 3302(e)(10)93 Stat. 499Pub. L. 99–145, title XII, § 1242(a)99 Stat. 735Pub. L. 104–201, div. C, title XXXV, § 3548(a)(3)(B)110 Stat. 2868Pub. L. 107–107, div. A, title XI, § 1113(a)115 Stat. 1239Pub. L. 108–136, div. A, title XI, § 1122(a)117 Stat. 1636Pub. L. 119–4, div. A, title VIII, § 1807139 Stat. 30(Added , , ; amended , (3), , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 91–59684 Stat. 1590section 651 of Title 29The Occupational Safety and Health Act of 1970, referred to in subsec. (c)(4), is , , , which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

Pub. L. 119–4section 1807 of div. A of Pub. L. 119–4Amendment by is based on section 456(c) of H.R. 8998, from the 118th Congress (Department of the Interior, Environment, and Related Congress, Agencies Appropriations Act, 2025), as passed by the House of Representatives on , which was enacted into law by .

Prior Provisions

Pub. L. 89–55480 Stat. 471section 5344(a) of this titleA prior section 5343, , , , related to effective date of pay increases and is covered by .

Pub. L. 90–560, § 482 Stat. 997section 5341(c) of this titlesection 1(a) of Pub. L. 92–392Provisions similar to those comprising part of first sentence of subsec. (c) and subsec. (d) of this section were contained in , , (formerly classified to ) prior to the general amendment of this subchapter by .

Amendments

Pub. L. 119–42025—Subsec. (g). added subsec. (g).

Pub. L. 108–1362003—Subsec. (c)(4). inserted before semicolon at end “, and for any hardship or hazard related to asbestos, such differentials shall be determined by applying occupational safety and health standards consistent with the permissible exposure limit promulgated by the Secretary of Labor under the Occupational Safety and Health Act of 1970”.

Pub. L. 107–1072001—Subsec. (d)(2). amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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.”

Pub. L. 104–2011996—Subsec. (a)(5). 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,”.

Pub. L. 99–1451985—Subsec. (d)(2). 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).

Pub. L. 96–701979—Subsec. (a)(5). 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”.

Pub. L. 95–4541978—Subsecs. (a) to (c), (e)(3). substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Pub. L. 119–4section 5332a of this titleAmendment by effective the first day of the first applicable pay period beginning on or after , see section 456(d) of H.R. 8998 from the 118th Congress, as passed by the House of Representatives on , set out as an Effective Date note under .

Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title XI, § 1122(c)117 Stat. 1637

section 5545 of this title“Subject to any vested constitutional property rights, any administrative or judicial determination after the date of the enactment of this Act [] concerning backpay for a differential established under sections 5343(c)(4) or 5545(d) of such title [this title] shall be based on occupational safety and health standards described in the amendments made by subsections (a) and (b) [amending this section and ].”
, , , provided that:

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title XI, § 1113(b)115 Stat. 1239

“Wage adjustments made pursuant to the amendment made by this section [amending this section] shall take effect in each applicable wage area on the first normal effective date of the applicable wage survey adjustment that occurs after the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1985 Amendment

Section 1242(b) of Pub. L. 99–145

“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 [] may not be reduced by reason of the amendment made by subsection (a) [amending this section].”
provided that:

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 of 1978 Amendment

Pub. L. 95–454section 907 of Pub. L. 95–454section 1101 of this titleAmendment by effective 90 days after , see , set out as a note under .

Effective Date

section 15(a) of Pub. L. 92–392section 5341 of this titleSection 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 , 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 , whichever occurs first, see , set out as a note under .

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

Pub. L. 118–47, div. B, title VII, § 737138 Stat. 581

“(a)
(1)
section 5342(a)(2)(A) of title 5 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 2024, by this or any other Act, may be used to pay any prevailing rate employee described in , United States Code—
“(A)
during the period from the date of expiration of the limitation imposed by the comparable section for the previous fiscal years until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 2024, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section; and
“(B)
during the period consisting of the remainder of fiscal year 2024, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under subparagraph (A) by more than the sum of—
“(i)
section 5303 of title 5 the percentage adjustment taking effect in fiscal year 2024 under , United States Code, in the rates of pay under the General Schedule; and
“(ii)
the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2024 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the previous fiscal year under such section.
“(2)
section 5342(a)(2) of title 5 Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of , United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which paragraph (1) is in effect at a rate that exceeds the rates that would be payable under paragraph (1) were paragraph (1) applicable to such employee.
“(3)
For the purposes of this subsection, the rates payable to an employee who is covered by this subsection and who is paid from a schedule not in existence on , shall be determined under regulations prescribed by the Office of Personnel Management.
“(4)
Notwithstanding any other provision of law, rates of premium pay for employees subject to this subsection may not be changed from the rates in effect on , except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this subsection.
“(5)
This subsection shall apply with respect to pay for service performed after .
“(6)
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 subsection shall be treated as the rate of salary or basic pay.
“(7)
Nothing in this subsection shall be considered to permit or require the payment to any employee covered by this subsection at a rate in excess of the rate that would be payable were this subsection not in effect.
“(8)
The Office of Personnel Management may provide for exceptions to the limitations imposed by this subsection if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees.
“(b)
Notwithstanding subsection (a), the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2024 under sections 5344 and 5348 of title 5, United States Code, shall be—
“(1)
Providedsection 5343(a)(5) of title 5section 5304 of title 5 not less than the percentage received by employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under sections 5303 and 5304 of title 5, United States Code: , That prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5, United States Code, and prevailing rate employees described in , United States Code, shall be considered to be located in the pay locality designated as ‘Rest of United States’ pursuant to , United States Code, for purposes of this subsection; and
“(2)
effective as of the first day of the first applicable pay period beginning after .”
, , , provided that:

Similar provisions were contained in the following prior acts:

Pub. L. 117–328, div. E, title VII, § 737136 Stat. 4712, , .

Pub. L. 117–103, div. E, title VII, § 737136 Stat. 301, , .

Pub. L. 116–260, div. E, title VII, § 737134 Stat. 1438, , .

Pub. L. 116–93, div. C, title VII, § 737133 Stat. 2492, , .

Pub. L. 116–6, div. D, title VII, § 737133 Stat. 195, , .

Pub. L. 115–141, div. E, title VII, § 737132 Stat. 595, , .

Pub. L. 115–31, div. E, title VII, § 737131 Stat. 385, , .

Pub. L. 114–113, div. E, title VII, § 737129 Stat. 2481, , .

Pub. L. 113–235, div. E, title VII, § 737128 Stat. 2387, , .

Pub. L. 113–76, div. E, title VII, § 740128 Stat. 239, , .

Pub. L. 111–117, div. C, title VII, § 710123 Stat. 3206, , .

Pub. L. 111–8, div. D, title VII, § 710123 Stat. 682, , .

Pub. L. 110–161, div. D, title VII, § 712121 Stat. 2021, , .

Pub. L. 109–115, div. A, title VIII, § 813119 Stat. 2497, , .

Pub. L. 108–447, div. H, title VI, § 613118 Stat. 3275, , .

Pub. L. 108–199, div. F, title VI, § 613118 Stat. 352, , .

Pub. L. 108–7, div. J, title VI, § 613117 Stat. 465, , .

Pub. L. 107–67, title VI, § 613115 Stat. 547Pub. L. 108–2, § 3117 Stat. 5, , , as amended by , , .

Pub. L. 106–554, § 1(a)(3) [title VI, § 613]114 Stat. 2763, , , 2763A–157.

Pub. L. 106–58, title VI, § 613113 Stat. 468, , .

Pub. L. 105–277, div. A, § 101(h) [title VI, § 614]112 Stat. 2681–480, , , 2681–515.

Pub. L. 105–61, title VI, § 614111 Stat. 1311, , .

Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 616]110 Stat. 3009–314, , , 3009–356.

Pub. L. 104–52, title VI, § 616109 Stat. 500Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title II, § 206(b)(3)]110 Stat. 3009–314, , , as amended by ], , , 3009–372, 3009–378.

Pub. L. 103–329, title VI, § 617108 Stat. 2419, , .

Pub. L. 103–123, title VI, § 615107 Stat. 1261, , .

Pub. L. 102–393, title VI, § 616106 Stat. 1768, , .

Pub. L. 102–141, title VI, § 616105 Stat. 870, , .

Pub. L. 101–509, title VI, § 612104 Stat. 1473, , .

Pub. L. 101–136, title VI, § 612103 Stat. 818, , .

Pub. L. 100–440, title VI, § 612102 Stat. 1753, , .

Pub. L. 100–202, § 101(m) [title VI, § 613]101 Stat. 1329–390, , , 1329–421.

Pub. L. 99–500, § 101(m) [title VI, § 613]100 Stat. 1783–308Pub. L. 99–591, § 101(m) [title VI, § 613]100 Stat. 3341–308, , , 1783–330, and , , , 3341–330.

Pub. L. 99–272, title XV, § 15201(b)100 Stat. 332, , .

Pub. L. 99–190, § 101(h) [H.R. 3036, title VI, § 613]99 Stat. 1291, , .

Pub. L. 98–473, § 101(j) [H.R. 5798, title VI, § 616]98 Stat. 1963, , .

Pub. L. 98–369, div. B, title II, § 220298 Stat. 1058, , .

Pub. L. 98–270, title II, § 202(b)98 Stat. 158, , .

Pub. L. 98–151, § 101(f) [H.R. 4139, title VI, § 616]97 Stat. 973, , .

Pub. L. 98–107, § 11097 Stat. 741, , .

Pub. L. 97–377, title I, § 10796 Stat. 1909, , .

Pub. L. 97–276, § 10996 Stat. 1191, , .

Pub. L. 97–35, title XVII, § 1701(b)95 Stat. 754, , .

Pub. L. 96–536, § 101(a) [incorporating Pub. L. 96–74, title VI, § 613]94 Stat. 3166, , .

Pub. L. 96–369, § 11494 Stat. 1356, , .

Pub. L. 96–74, title VI, § 61393 Stat. 576, , .

Pub. L. 95–429, title VI, § 61492 Stat. 1018, , .

Wage Rate for Certain Corps of Engineers Employees

Pub. L. 99–661, div. A, title XIII, § 1358100 Stat. 3999

“(a)

Wage Determinations .—

Public Law 97–25796 Stat. 832Notwithstanding any other provision of law, in the administration of the last undesignated paragraph preceding chapter 6 of title I of () [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 [].”
, , , provided that:

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. 110–114, title V, § 5026121 Stat. 1203

5 U.S.C. 534396 Stat. 832section 5343 of title 5“Employees of the Corps of Engineers who are paid wages determined under the last undesignated paragraph under the heading ‘Administrative Provisions’ of chapter V of the Supplemental Appropriations Act, 1982 ( note; ) shall be allowed, through appropriate employee organization representatives, to participate in wage surveys under such paragraph to the same extent as are prevailing rate employees under subsection (c)(2) of , United States Code. Nothing in such section 5343 shall be construed to affect which agencies are to be surveyed under such paragraph.”
, , , provided that:

Pub. L. 97–257, title I, § 10096 Stat. 832

section 9(b) of Public Law 92–392section 704 of Public Law 95–454“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 [], 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 or [set out as notes under this section].”
, , , provided in part that:

Negotiating Requirements for Labor Contracts, Etc., On and After , and Negotiated Under Prevailing Rates and Practices Prior to

Pub. L. 95–454, title VII, § 70492 Stat. 1218

“(a)
section 9(b) of Public Law 92–392section 9(b) of Public Law 92–392Pub. L. 95–454 Those terms and conditions of employment and other employment benefits with respect to Government prevailing rate employees to whom [set out as a note under this section] applies which were the subject of negotiation in accordance with prevailing rates and practices prior to , shall be negotiated on and after the date of the enactment of this Act [] in accordance with the provisions of without regard to any provision of chapter 71 of title 5, United States Code (as amended by this title [title VII of ]), 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.”
, , , provided that:

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

Pub. L. 92–392, § 9(a)86 Stat. 573

“(1)
section 5341 of this titlesection 5343(e)(2) of title 5 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 ] 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 , United States Code, as amended by the first section of this Act [subsec. (e)(2) of this section].
“(2)
section 5341 of this titlesection 5341 of this title 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 ], such amendments shall not be construed to decrease his rate of basic pay in effect immediately before the date [see Effective Date note under ] 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.”
, , , provided that:

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

Pub. L. 92–392, § 9(b)86 Stat. 574

section 5550 of this titlesection 6102 of this titlesection 60a of Title 2“The amendments made by this Act [enacting this subchapter and , 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 , and enacting provisions set out as notes under sections 5341 and 5343 of this title and , 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 [] 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 [] 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 [] any agreement, arrangement, or understanding in effect on such date [] with respect to the various items of subject matter of the negotiations on which any such contract in effect on such date [] 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 [].”
, , , provided that:

Wage Survey

Pub. L. 92–392, § 15(b)86 Stat. 575

section 5341 of this title“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 ], for a wage schedule which becomes effective after that effective date [], is deemed to meet the requirement in this Act for a survey by a lead agency.”
, , , provided that:

Equitable Wage Adjustments for Certain Prevailing Rate Employees

Pub. L. 92–29886 Stat. 146

“That this Act [enacting this note and amending sections 4531 and 4571 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)
section 1904 of Title 12 if based on a wage survey ordered to be made on or after , but not placed into effect before , by reason of the provisions of Executive Order 11615 or Executive Order 11627 [formerly set out as notes under ]; or
“(2)
if based on a wage survey which had been scheduled to be made during the period beginning on , and ending on , and which was ordered to be made on or after ;
section 5343 of title 5shall be effective on the date on which such wage schedule adjustment would have been effective under , United States (Code), had the fiscal year 1972 schedule for wage surveys for such employees been followed.
“(b)
section 5344 of title 5 Retroactive pay made under the provisions of this section will be made in accordance with , United States Code.”
, §§ 1, 2, , , provided:

Executive Documents

Termination of Trust Territory of the Pacific Islands

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