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AMENDMENTS 1975-Par. (93). Pub. L. 93-618 struck out par. (93) "Members, United States Tariff Commission."

1974-Par. (29). Pub. L. 93-438 struck out par. (29) "Assistant General Manager, Atomic Energy Commission". Par. (42). Pub. L. 93-271, § 2, substituted "Director, United States Fish and Wildlife" for "Commissioner of Fish and Wildlife".

Par. (62). Pub. L. 93-438 struck out par. (62) "Director of Regulation, Atomic Energy Commission". See section 5315 (101) of this title.

Par. (69). Pub. L. 93-438 struck out par. (69) "Deputy General Manager, Atomic Energy Commission".

Par. (81). Pub. L. 93-438 substituted "General Counsel of the Nuclear Regulatory Commission" for "General Counsel of the Atomic Energy Commission".

Par. (102). Pub. L. 93-438 struck out par. (102) "Assistant General Managers, Atomic Energy Commission (2)”. Par. (109). Pub. L. 93-126, § 9 (c), as added by Pub. L. 93-312, repealed par. (109), which related to the Director of International Scientific Affairs, Department of State. Par. (122). Pub. L. 93-383 struck out par. (122) which provided for an Assistant Secretary of Housing and Urban Development for Administration.

Par. (134). Pub. L. 93-438 added par. (134).

Pars. (135), (136), Pub. L. 93-463 added pars. (135) and (136) relating, respectively, to General Counsel, Commodity Futures Trading Commission, and Executive Director, Commodity Futures Trading Commission.

Pars, (135), (136), Pub. L. 93-438 added pars. (135) and (136) relating, respectively, to additional officers, Nuclear Regulatory Commission, and additional officers, Energy Research and Development Administration.

1973-Pars. (15)-(17). Pub. L. 93-74 added par. (15), Associate Administrators, National Aeronautics and Space Administration (6), and repealed provisions of former pars. (15) for an Associate Administrator for Advanced Research and Technology, (16) for Associate Administrator for Space Science and Applications, and (17) for Associate Administrator for Manned Space Flight, National Aeronautics and Space Administration.

Pars. (131) to (133). Pub. L. 93-43 redesignated former par. "(131) General Counsel of the Equal Employment Opportunity Commission" as par. (132), and added par. (133), relating to Director, National Cemetery System.

Par. (133). Pub. L. 93-83 added par. (133), relating to Deputy Administrator for Administration of the Law Enforcement Assistance Administration.

1972-Pars. (28), (64). Pub. L. 92-302 struck out pars. (28) and (64) which provided, respectively, for an Assistant Secretary of the Treasury for Administration and a Deputy Under Secretary for Monetary Affairs, Department of the Treasury.

Par. (51). Pub. L. 92-603 struck out par. (51) "Commissioner of Social Security, Department of Health, Education, and Welfare". See section 5315 of this title.

Par. (111). Pub. L. 92-261, § 9 (c), struck out par. (111) "Members, Equal Employment Opportunity Commission (4)", renumbered as par. (72) of section 5315 of this title. Par. (131). Pub. L. 92-255 added par. (131), relating to Assistant Directors, Special Action Office for Drug Abuse Prevention.

Par. (131). Pub. L. 92-261, § 9 (d) added par. (131), relating to General Counsel of the Equal Employment Opportunity Commission.

1971-Par. (25). Pub. L. 92-22 struck out position of Assistant Secretary of the Interior for Administration, now covered by section 1453a of Title 43 and section 5315 (18) of this title.

EFFECTIVE DATE OF 1974 AMENDMENTS Amendment by Pub. L. 93-463 effective Oct. 23, 1974, see section 418 of Pub. L. 93-463, set out as a note under section 2 of Title 7, Agriculture.

Amendment by Pub. L. 93-438 effective 120 days after Oct. 11, 1974, or on such earlier date as the President may prescribe and publish in the Federal Register, except that officers provided for in sections 5811-5820 of Title 42, The Public Health and Welfare, may be nominated and appointed at any time after Oct. 11, 1974, see section 312(a) of Pub. L. 93-438, set out as a note under section 5801 of Title 42.

Amendment by Pub. L. 93-271 effective July 1, 1974, see section 3 of Pub. L. 93-271, set out as a note under section 742b of Title 16, Conservation.

EFFECTIVE DATE OF 1973 AMENDMENTS Redesignation of former par. (131) as (132) and enactment of par. (133) effective June 18, 1973, see section 10(a) of Pub. L. 93-43, set out as a note under section 1000 of Title 38, Veterans' Benefits.

Offices and salaries modified under amendment of this section by Pub. L. 93-83 prospectively only, effective on and after Aug. 6, 1973, see section 3 of Pub. L. 93-83, set out as a note under section 3701 of Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1972 AMENDMENTS Amendment by Pub. L. 92-603 shall take effect on the first day of the first pay period of the Commissioner of Social Security, Department of Health, Education, and Welfare, which commences on or after the first day of the month which follows the month in which Pub. L. 92-603 was enacted, see section 404 (c) of Pub. L. 92-603, set out as a note under section 5315 of this title.

Amendment by Pub. L. 92-302, abolishing offices of Assistant Secretary of the Treasury for Administration and Deputy Under Secretary for Monetary Affairs, Department of the Treasury, to take effect upon confirmation by the Senate of Presidential appointees to fill the successor positions created by Pub. L. 92-302, see, section 3(b) of Pub. L. 92-302, set out as a note under section 1004 of Title 31, Money and Finance.

EFFECTIVE DATE OF 1971 AMENDMENT

Repeal of Par. (25) by Pub. L. 92-22 effective upon Senate confirmation of Presidential appointment under section 1453a of Title 43 and section 5315 (18) of this title, see note set out under section 1453a of Title 43, Public Lands.

TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

The Bureau of Narcotics and Dangerous Drugs, including the office of Director thereof, in the Department of Justice was abolished by 1973 Reorg. Plan No. 2, eff. July 1, 1973, 38 FR 15932, 87 Stat. 1091, set out in the Appendix to this title. 1973 Reorg. Plan No. 2 also created in the Department of Justice an agency to be known as the Drug Enforcement Administration, with an Administrator and Deputy Administrator appointed by the President with the advice and consent of the Senate.

COMMUNITY SERVICES ADMINISTRATION

Pub. L. 93-644, § 9(a), Jan. 4, 1975, 88 Stat. 2310, amended the Economic Opportunity Act of 1964 to create the Community Services Administration as the successor authority to the Office of Economic Opportunity, referred to in par. (101). For all references to the Office of Economic Opportunity or to the Director of the Office of Economic Opportunity in statutes, reorganization plans, executive orders, regulations, or other official documents or proceedings to be deemed, on or after Jan. 4, 1975, to refer to the Community Services Administration, or to the Director thereof, see section 2941 of Title 42, The Public Health and Welfare.

OFFICE OF EMERGENCY PREPAREDNESS

The Office of Emergency Preparedness, including the offices of Director, Deputy Director, Assistant Directors, and Regional Directors, was abolished and all functions vested by law in the Office of Emergency Preparedness or the Director of the Office of Emergency Preparedness were transferred to the President of the United States by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, set out in the Appendix to this title.

SPECIAL ACTION OFFICE FOR DRUG ABUSE PREVENTION, AsSISTANT DIRECTORS OF OFFICE; REPEAL OF AUTHORITY FOR OFFICE

Par. (131) of this section establishing level V positions for six Assistant Directors of the Special Action Office for Drug Abuse Prevention, repealed effective June 30, 1975, see section 104 of Pub. L. 92-255, classified to section 1104 of Title 21, Food and Drugs.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5317 of this title; title 2 sections 166, 282b, 353, 437c; title 12 section 1723a; title 15 sections 763, 2204; title 20 section 1221e; title 22 sections 866, 2872; title 23 section 303; title 28 sections 332, 548, 625; title 31 section 1154; title 38 section 4107; title 39 section 206; title 42 sections 1864a, 2996d, 4302, 5041, 5871, 5872; title 43 section 1616; title 44 section 3319. § 5317. Presidential authority to place positions at levels IV and V.

EXECUTIVE ORDER NO. 11248

Ex. Ord. No. 11248, Oct. 10, 1965, 30 F.R. 12999, as amended, formerly set out as a note under this section, which related to the placement of positions in Levels IV and V, was revoked by Ex. Ord. No. 11708, Mar. 27, 1973, 38 F.R. 7979, set out as a note under this section.

EXECUTIVE ORDER No. 11708

Ex. Ord. No. 11708, Mar. 23, 1973, 38 F.R. 7979, as amended by Ex. Ord. No. 11715, Apr. 24, 1973, 38 F.R. 10246; Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357; Ex. Ord. No. 11736, Aug. 6, 1973, 38 F.R. 21387, formerly set out as a note under this section, which related to the authority of the President to place positions at Levels IV and V, was superseded by Ex. Ord. No. 11768, Feb. 20, 1974, 39 F.R. 6693, set out as a note under this section. Ex. ORD. No. 11768, PLACEMENT OF POSITIONS IN LEVELS IV AND V

Ex. Ord. No. 11768, Feb. 20, 1974, 39 F.R. 6693 as amended by Ex. Ord. No. 11774, Mar. 26, 1974, 39 F.R. 11413; Ex. Ord. No. 11780, Apr. 22, 1974, 39 F.R. 14497, provided:

By virtue of the authority vested in me by section 5317 of title 5 of the United States Code, as amended [this section], it is ordered as follows:

SECTION 1. The following offices and positions are placed in level IV of the Executive Schedule:

(1) Administrator, Social and Rehabilitation Service, Department of Health, Education, and Welfare.

(2) Director, National Institutes of Health, Department of Health, Education, and Welfare.

(3) Administrator, Health Services and Mental Health Administration, Department of Health, Education, and

Welfare.

(4) Director, United States Secret Service, Department of the Treasury.

(5) Associate Directors, (4) Office of Management and Budget, Executive Office of the President.

(6) Deputy Under Secretary for Legislative Affairs, Department of Labor.

(7) Director of Telecommunications and Command and Control Systems, Department of Defense.

(8) Principal Deputy Director of Defense Research and Engineering, Department of Defense.

(9) Deputy Under Secretary for International Labor Affairs, Department of Labor.

(10) Counselor to the Secretary of Labor, Department of Labor.

(11) Deputy Under Secretary, Department of Transportation.

(12) Deputy Under Secretary for Legislative Affairs, Department of Commerce.

(13) Special Prosecutor, Department of Justice. (14) Associate Attorney General, Department of Justice.

(15) Commissioner General of the International Exposition on the Environment, Department of Commerce. (16) Assistant Secretary for Oceans and International Evironmental and Scientific Affairs, Department of State. SEC. 2. The following offices and positions are placed in level V of the Executive Schedule:

(1) Principal Deputy Assistant Secretary of Defense (Comptroller), Department of Defense.

(2) Deputy Assistant Secretary of Defense for Reserve Affairs, Department of Defense.

(3) Assistant Secretary, Comptroller, Department of Health, Education, and Welfare.

(4) Deputy Commissioner of Social Security, Department of Health, Education, and Welfare.

(5) Commissioner on Aging, Department of Health, Education, and Welfare.

(6) Deputy Director, United States Secret Service, Department of the Treasury.

(7) Assistant to the Secretary and Director, Office of Revenue Sharing, Department of the Treasury.

(8) Commissioner, Automated Data and Telecommunications Service, General Services Administration.

(9) Associate Administrator for Federal Management Policy, General Services Administration.

(10) Principal Deputy Assistant Secretary (International Security Affairs), Department of Defense.

SEC. 3. Nothing in this order shall be deemed to terminate or otherwise affect the appointment, or to require the reappointment, of any occupant of any position listed in section 1 or section 2 of this order who was the occupant of that position immediately before the issuance of this order.

SEC. 4. Executive Order No. 11708 of March 23, 1973, as amended, is hereby superseded.

RICHARD NIXON.

SUBCHAPTER III.-GENERAL SCHEDULE
PAY RATES

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 2 section 293; title 7 sections 1507, 1981; title 12 section 2405; title 15 section 1942; title 18 section 4001; title 20 sections 1221d, 1221e; title 22 sections 277d-3, 277d-19, 886, 928, 1044, 2825, 2847, 2873; title 25 section 640d-11; title 26 sections 9010, 9040; title 33 sections 984, 1325, 1374; title 38 section 2003; title 40 section 873; title 41 section 46; title 42 section 5149; title 43 section 1616; title 45 sections 154, 362; title 50 section 404; title 50 App. sections 460, 2169. SUBCHAPTER REFERRED TO IN D.C. CODE

This subchapter is referred to in sections 1-251, 1-518, 1-1105, 2-408, 2-1211, 2-1726, 2-1808, 2-2224, 2-2225, 22415, 5-426, 5-713, 6-1203, 8-209, 9-146, 11-1726, 11-2102. 25-104, 25-104a, 29-935, 29-1093, 31-1301, 31-1402, 31-1603, 31-1622, 33-422, 35-401, 36-437, 40-603, 40-715, 40-809, 49-401 of the District of Columbia Code.

§ 5332. The General Schedule.

ADJUSTMENT OF PAY RATES EFFECTIVE OCTOBER 1, 1972 Pub. L. 93-549, Dec. 26, 1974, 88 Stat. 1743, provided: "That notwithstanding the provisions of any other law or any regulation issued thereunder, no officer or employee of the United States shall have his pay reduced by reason of Executive Order 11777, dated April 12, 1974 [formerly set out under this section], relating to the effective date of the 1972 Federal pay comparability adjustment. "Sec. 2. The Civil Service Commission shall issue regulations necessary to implement this Act."

EXECUTIVE ORDER NO. 11413

Ex. Ord. No. 11413, June 11, 1968, 33 F.R. 8641, set out as a note under this section, which provided for the adjustment of pay rates effective July 1, 1968, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, set out as a note under this section.

EXECUTIVE ORDER NO. 11474

Ex. Ord. No. 11474, June 16, 1969, 34 F.R. 9605, set out as a note under this section, which provided for the adjustment of pay rates effective July 1, 1969, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, set out as a note under this section.

EXECUTIVE ORDER NO. 11524

Ex. Ord. No. 11524, Apr. 15, 1970, 35 F.R. 6247, set out as a note under this section, which provided for the adjustment of pay rates effective first pay period on or after Dec. 27, 1969, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, set out as a note under this section.

EXECUTIVE ORDER NO. 11576

Ex. Ord. No. 11576, Jan. 8, 1971, 36 F.R. 347, formerly set out as a note under this section, which provided for the adjustment of pay rates effective Jan. 1, 1971, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302. set out as a note under this section.

EXECUTIVE ORDER NO. 11637

Ex. Ord. No. 11637, Dec. 22, 1971, 36 F.R. 24911, formerly
set out as a note under this section, which provided for
the adjustment of pay rates effective Jan. 1, 1972, was
superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R.
36302, set out as a note under this section.

EXECUTIVE ORDER NO. 11691

Ex. Ord. No. 11691, Dec. 15, 1972, 37 F.R. 27607, formerly
set out as a note under this section, which provided for
the adjustment of pay rates effective Oct. 1, 1973, was
superseded by Ex. Ord No. 11811, Oct. 7, 1974, 39 F.R.
36302, set out as a note under this section.

EXECUTIVE ORDER NO. 11739

Ex. Ord. No. 11739, Oct. 3, 1973, 38 F.R. 27581, formerly
set out as a note under this section, which provided for

the adjusement of pay rates effective Oct. 1, 1973, was
superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R.
36302, set out as a note under this section.

Ex. ORD. No. 11811. ADJUSTMENT OF PAY RATES EFFECTIVE
Ост. 1, 1974

Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, provided:
By virtue of the authority vested in me by subchapter
I of chapter 53 of title 5 of the United States Code
[sections 5301-5308 of this title], it is hereby ordered
as follows:

GENERAL SCHEDULE

SECTION 1. The rates of basic pay in the General Sched-
ule contained in section 5332(a) of title 5 of the United
States Code are adjusted as follows:

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"The rate of basic pay for employees at these rates is limited by section 5308 of title 5 of the United States Code to the rate for level V of the
Executive Schedule (as of the effective date of this pay adjustment, $36,000)."

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SEC. 4. Notwithstanding the rates of basic pay or salaries established by sections 1, 2, and 3 of this order, under section 5308 of title 5 of the United States Code no rate of basic pay or salary may be paid which is in excess of the rate now or hereafter provided for level V of the Executive Schedule.

PRIOR ORDERS SUPERSEDED

SEC. 5. The following orders are hereby superseded: (1) Executive Order No. 11413 of June 11, 1968; (2) Executive Order No. 11474 of June 16, 1969; (3) Executive Order No. 11524 of April 15, 1970; (4) Executive Order No. 11576 of January 8, 1971; (5) Executive Order No. 11637 of December 22, 1971; (6) Executive Order No. 11691 of December 15, 1972, as amended; and

(7) Executive Order No. 11739 of October 3, 1973.

EFFECTIVE DATE

SEC. 6. This order shall take effect as of the first day of the first applicable pay period beginning on or after October 1, 1974.

GERALD R. FORD.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 575 of this title; title 2 sections 476, 601; title 7 section 16; title 12 section 2405; title 15 section 766; title 16 sections 1401, 1403; title 18 sections 3153, 4351, 4352; title 19 section 2171; title 20 sections 1102, 1135c, 1135c-1, 1221e, 1221f, 1233d, 1402, 1532, 2011, 2012; title 22 section 2512; title 25 section 640d-11; title 28 section 332; title 29 sections 183, 656, 661, 676, 774, 792; title 30 section 938; title 31 section 52c; title 33 sections 906, 1320, 1325, 1374; title 37 section 1009; title 42 sections 1320a-1, 1320c-12, 139500, 1995d, 3015, 3765, 3774, 4845, 5042, 5612, 5619, 5651; title 44 section 3319; title 45 section 715; title 50 App. section 2169.

SECTION REFERRED TO IN D.C. CODE

This section is referred to in sections 1-143, 1-1151, 1-1155, 1-1182, 11-2301, 431 and 434 of title 11, Appendix, 23-1305, 23-1306, 31-1522, 31-1713, 31-1715, 43-205, 47-646 of the District of Columbia Code.

§ 5334. Rate on change of position or type of appointment; regulations.

(c) An employee in the legislative branch who is paid by the Secretary of the Senate or the Clerk of the House of Representatives, and who has completed two or more years of service as such an employee, and a Member of the Senate or House of Representatives who has completed two or more years of service as such a Member, may, on appointment to a position to which this subchapter applies, have his initial rate of pay fixed

CODIFICATION

The first part of subsec. (c) of this section has been set out in this Supplement to correct a typographical

error.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 4540, 7212, 9540; title 40 App. section 109.

(b) The rate of basic pay to which an employee is entitled under subsection (a) of this section with respect to each reduction in grade to which that subsection applies may not exceed the sum of—

(1) the minimum rate of the grade to which he is reduced under each reduction in grade to which that subsection applies (including each increase in rate of basic pay provided by statute); and

(2) the difference between his rate immediately before the first reduction in grade to which that subsection applies (including each increase in rate of basic pay provided by statute) and the minimum rate of that grade which is three grades lower than the grade from which he was reduced under the first of the reductions in grade (including each increase in the rate of basic pay provided by statute).

(c) Under regulations prescribed by the Civil Service Commission consistent with the provisions of subsections (a) and (b) of this section, an employee who is reduced to a grade of the General Schedule from a position to which this subchapter does not apply is entitled to a retained scheduled rate of pay. (As amended Pub. L. 92-392, § 3, Aug. 19, 1972, 86 Stat. 573.)

AMENDMENTS

1972-Subsec. (b). Pub. L. 92-392, § 3(1), substituted "to which that subsection applies" for "to which this section applies" in introductory text and cls. (1) and (2). Subsec. (c). Pub. L. 92-392, § 3(2), added subsec. (c).

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-392 effective on first day of first applicable pay period beginning on or after the 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5107, 5334, 8704 of this title; title 10 sections 4540, 7212, 9540.

SUBCHAPTER IV.-PREVAILING RATE

SYSTEMS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 2105, 5541. 7154 of this title.

§ 5341. Policy.

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 employ

ment 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.

(Added Pub. L. 92-392, § 1(a), Aug. 19, 1972, 86 Stat. 564.)

CODIFICATION

A prior section 5341, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 471; Pub. L. 90-83, § 1(97), Sept. 11, 1967, 81 Stat. 220; Pub. L. 90-560, § 4, Oct. 12, 1968, 82 Stat. 997, provided prevailing rate system for trades and crafts and is now 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(c) (1), 5337, 5541(2)(xi), 5544 (a), 5548, 6101(a)(1), 7154(b), and 8704(d)(2) 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 section 60a of Title 2] 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 [set out as note under section 1904 of Title 12] 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 [enacting this subchapter and section 5550 of this title, 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 section 6102 of this title, and enacting provisions set out as notes under sections 5341 and 5343 of this title and section 60a of Title 2] 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 title 31, United States Code."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 41 section 351.

§ 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; 40-190 0--75--Vol. 1-10

(C) the Alaska Railroad; (D) the Virgin Islands Corporation; (E) the Atomic Energy Commission; (F) the Central Intelligence Agency; (G) the Panama Canal Company; (H) the National Security Agency, Department of Defense; or

(I) the Bureau of Engraving and Printing, except for the purposes of section 5349 of this title;

(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) an employee of a nonappropriated fund instrumentality described by section 2105 (c) of this title 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) an employee of the Veterans' Canteen Service, Veterans' Administration, excepted from chapter 51 of this title by section 5102 (c) (14) of this title 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) This subchapter does not apply to employees and positions described by section 5102(c) of this title 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) This subchapter, except section 5348, does not apply to officers and members of crews of vessels excepted from chapter 51 of this title by section 5102(c) (8) of this title.

(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 Dis

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