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5 USC Sec. 5341 01/03/2007
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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
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Sec. 5341. Policy
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It is the policy of Congress that rates of pay of prevailing rate
employees be fixed and adjusted from time to time as nearly as is
consistent with the public interest in accordance with prevailing
rates and be based on principles that -
(1) there will be equal pay for substantially equal work for
all prevailing rate employees who are working under similar
conditions of employment in all agencies within the same local
wage area;
(2) there will be relative differences in pay within a local
wage area when there are substantial or recognizable differences
in duties, responsibilities, and qualification requirements among
positions;
(3) the level of rates of pay will be maintained in line with
prevailing levels for comparable work within a local wage area;
and
(4) the level of rates of pay will be maintained so as to
attract and retain qualified prevailing rate employees.
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(Added Pub. L. 92-392, Sec. 1(a), Aug. 19, 1972, 86 Stat. 564.)
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PRIOR PROVISIONS
A prior section 5341, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.
471; Pub. L. 90-83, Sec. 1(97), Sept. 11, 1967, 81 Stat. 220; Pub.
L. 90-560, Sec. 4, Oct. 12, 1968, 82 Stat. 997, provided prevailing
rate system for trades and crafts and is covered by sections
5343(c), (d) and 5349(a) of this title.
EFFECTIVE DATE
Section 15(a) of Pub. L. 92-392 provided that: "The provisions of
this Act [enacting this subchapter and section 5550 of this title,
amending sections 2105, 5337, 5541, 5544, 5548, 6101, 7154, and
8704 of this title, repealing section 6102 of this title, and
enacting provisions set out as notes under sections 5341 and 5343
of this title and sections 60a-1 and 60a-2 of Title 2, The
Congress] are effective on the first day of the first applicable
pay period which begins on or after the ninetieth day after the
date of enactment of this Act [Aug. 19, 1972], except that, in the
case of those employees referred to in section 5342(a)(2)(B) and
(C) of title 5, United States Code (as amended by the first section
of this Act), such provisions are effective on the first day of the
first applicable pay period which begins on or after the one
hundred and eightieth day after such date of enactment or on such
earlier date (not earlier than the ninetieth day after such date of
enactment) as the Civil Service Commission may prescribe.
Notwithstanding the provisions of this subsection, section
5343(e)(1)(D) and (E) and (e)(2)(C), as enacted by the first
section of this Act, shall not be effective until the first day of
the first pay period commencing after (1) the date on which the
President ceases to exercise his authority under the Economic
Stabilization Act of 1970 [formerly set out as a note under section
1904 of Title 12, Banks and Banking] to stabilize wages and
salaries, or (2) April 30, 1973, whichever occurs first."
REPEALS
Section 13 of Pub. L. 92-392 provided that:
"(a) All laws or parts of laws inconsistent with this Act [see
Effective Date note above] are hereby repealed to the extent of
such inconsistency.
"(b) Subsection (a) of this section does not repeal or otherwise
affect section 5102(d) of title 5, United States Code, section 305
of title 44 of such Code, or the provisions contained in section
180 of former title 31, United States Code."
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