§ 5342. Definitions; application

1,319 words·~6 min read·/usc/title-5/section-5342

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

(H)the Government Accountability Office; or 1

(J)2 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)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, Department of Veterans Affairs, 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.

(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 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.

(Added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 564; amended Pub. L. 96–70, title III, § 3302(e)(1), Sept. 27, 1979, 93 Stat. 498; Pub. L. 96–191, § 8(d), Feb. 15, 1980, 94 Stat. 33; Pub. L. 97–468, title VI, § 615(b)(1)(D), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 98–618, title V, § 502(b), Nov. 8, 1984, 98 Stat. 3303; Pub. L. 102–54, § 13(b)(1), June 13, 1991, 105 Stat. 274; Pub. L. 103–359, title V, § 501(h), Oct. 14, 1994, 108 Stat. 3429; Pub. L. 104–201, div. A, title XI, § 1122(a)(1), div.

C, title XXXV, § 3548(a)(3)(A), Sept. 23, 1996, 110 Stat. 2687, 2868; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–417, [div. A], title IX, § 931(a)(1), Oct. 14, 2008, 122 Stat. 4575.)

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