---
kind: "section"
citation: "5 U.S.C. § 5347"
title: "5"
title_heading: "Government Organization and Employees"
number: "5347"
heading: "Federal Prevailing Rate Advisory Committee"
release: "119-102"
url: "https://uscodex.org/usc/5/5347"
units:
  - "Part III — Employees"
  - "Subpart D — Pay and Allowances"
  - "Chapter 53 — Pay Rates and Systems"
  - "Subchapter IV — Prevailing Rate Systems"
---

# §5347. Federal Prevailing Rate Advisory Committee

- (a) There is established a Federal Prevailing Rate Advisory Committee composed of—
  - (1) the Chairman, who shall not hold any other office or [position](/usc/5/5342.md?p=a-3) in the Government of the United States or the government of the District of Columbia, and who shall be appointed by the Director of the Office of Personnel Management for a 4-year term;
  - (2) one [member](/usc/5/5531.md?p=1) from the Office of the Secretary of Defense, designated by the Secretary of Defense;
  - (3) two [members](/usc/5/5531.md?p=1) from the military departments, designated by the Director of the Office of Personnel Management;
  - (4) one [member](/usc/5/5531.md?p=1), designated by the Director of the Office of Personnel Management from time to time from an [agency](/usc/5/5342.md?p=a-1) (other than the Department of Defense, a military department, and the Office of Personnel Management);
  - (5) an [employee](/usc/5/5361.md?p=1) of the Office of Personnel Management, designated by the Director of the Office of Personnel Management; and
  - (6) five [members](/usc/5/5531.md?p=1), designated by the Director of the Office of Personnel Management, from among the [employee](/usc/5/5361.md?p=1) organizations representing, under exclusive recognition of the Government of the United States, the largest numbers of [prevailing rate employees](/usc/5/5342.md?p=a-2).
- (b) In designating [members](/usc/5/5531.md?p=1) from among [employee](/usc/5/5361.md?p=1) organizations under [subsection (a)(6)](#a-6) of this section, the Director of the Office of Personnel Management shall designate, as nearly as practicable, a number of [members](/usc/5/5531.md?p=1) from a particular [employee](/usc/5/5361.md?p=1) organization in the same proportion to the total number of [employee](/usc/5/5361.md?p=1) representatives appointed to the Committee under [subsection (a)(6)](#a-6) of this section as the number of [prevailing rate employees](/usc/5/5342.md?p=a-2) represented by such organization is to the total number of [prevailing rate employees](/usc/5/5342.md?p=a-2). However, there shall not be more than two [members](/usc/5/5531.md?p=1) from any one [employee](/usc/5/5361.md?p=1) organization nor more than four [members](/usc/5/5531.md?p=1) from a single [council](/usc/5/8471.md?p=2), federation, alliance, association, or affiliation of [employee](/usc/5/5361.md?p=1) organizations.
- (c) Every 2 years the Director of the Office of Personnel Management shall review [employee](/usc/5/5361.md?p=1) organization representation to determine adequate or proportional representation under the guidelines of [subsection (b)](#b) of this section.
- (d) The [members](/usc/5/5531.md?p=1) from the [employee](/usc/5/5361.md?p=1) organizations serve at the pleasure of the Director of the Office of Personnel Management.
- (e) The Committee shall study the prevailing rate system and other matters pertinent to the establishment of prevailing rates under this subchapter and, from time to time, advise the Office of Personnel Management thereon. Conclusions and recommendations of the Committee shall be formulated by majority vote. The Chairman of the Committee may vote only to break a tie vote of the Committee.
- (f) The Committee shall meet at the call of the Chairman. However, a special meeting shall be called by the Chairman if 5 [members](/usc/5/5531.md?p=1) make a written request to the Chairman to call a special meeting to consider matters within the purview of the Committee.
- (g)
  - (1) Except as provided in [paragraph (2)](#g-2), [members](/usc/5/5531.md?p=1) of the Committee described in [paragraphs (2)–(5)](#a-2..a-5) of subsection (a) of this section serve without additional pay. [Members](/usc/5/5531.md?p=1) who represent [employee](/usc/5/5361.md?p=1) organizations are not entitled to pay from the Government of the United States for [services](/usc/5/8331.md?p=12) rendered to the Committee.
  - (2) The [position](/usc/5/5342.md?p=a-3) of Chairman shall be considered to be a Senior Executive [Service](/usc/5/8331.md?p=12) [position](/usc/5/5342.md?p=a-3) within the meaning of [section 3132(a)](/usc/5/3132.md?p=a), and shall be subject to all provisions of this title relating to Senior Executive [Service](/usc/5/8331.md?p=12) [positions](/usc/5/5342.md?p=a-3), including [section 5383](/usc/5/5383.md).
- (h) The Office of Personnel Management shall provide such clerical and professional personnel as the Chairman of the Committee considers appropriate and necessary to carry out its functions under this subchapter. Such personnel shall be responsible to the Chairman of the Committee.

## Source credit

(Added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 571; amended Pub. L. 95–454, title IX, § 906(a)(1), (2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, § 2(a)(15), Aug. 14, 1979, 93 Stat. 382; Pub. L. 102–378, § 2(30), Oct. 2, 1992, 106 Stat. 1350; Pub. L. 104–66, title II, § 2181(d), Dec. 21, 1995, 109 Stat. 732.)

## Notes

### Editorial Notes

### Amendments

1995—Subsec. (e). Pub. L. 104–66 struck out at end “The Committee shall make an annual report to the Office and the President for transmittal to Congress, including recommendations and other matters considered appropriate. Any member of the Committee may include in the annual report recommendations and other matters he considers appropriate.”

1992—Subsec. (g). Pub. L. 102–378 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), members” for “Members”, struck out second sentence which read as follows: “The Chairman is entitled to a rate of pay equal to the maximum rate currently paid, from time to time, under the General Schedule.”, and added par. (2).

1979—Subsec. (e). Pub. L. 96–54 substituted “Office” for “Commission”.

1978—Subsecs. (a) to (e), (h). Pub. L. 95–454 substituted “Director of the Office of Personnel Management” for “Chairman of the Civil Service Commission” and “Office of Personnel Management” for “Civil Service Commission”, wherever appearing.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1979 Amendment

Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.

### Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

### Effective Date

Section effective on first day of first applicable pay period beginning on or after 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.