Page:United States Statutes at Large Volume 99 Part 1.djvu/757

 PUBLIC LAW 99-145—NOV. 8, 1985 SEC.

99 STAT. 735

1242. PROHIBITION ON ESTABLISHMENT OF PAY RATES FOR PREVAILING RATE EMPLOYEES OF THE DEPARTMENT OF DEFENSE USING SURVEYS OF WAGES PAID OUTSIDE THE LOCAL WAGE AREA

(a) AMENDMENT TO SECTION 5343 OF TITLE 5, U.S.C.—Paragraph (2) of section 5343(d) of title 5, United States Code, is amended to read as follows: "(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— "(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.". (b) PROHIBITION ON REDUCTION OF PAY.—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).

5 USC 5343 note.

TITLE XIII—TECHNICAL AND CLERICAL AMENDMENTS SEC.

1301. ELIMINATION OF CERTAIN DISTINCTIONS

STATUTORY

GENDER-BASED

(a) GENERAL MILITARY LAW.—(1) Section 772(c) of title 10, United States Code, is amended by striking out the second sentence. (2) Section 1431(b)(3) of such title is amended by striking out "widow" and inserting in lieu thereof "surviving spouse". (b) ARMY.—(1)(A) Section 3683 of title 10, United States Code, is repealed. (B) The table of sections at the beginning of chapter 353 of such title is amended by striking out the item relating to section 3683. (C) The repeal made by subparagraph (A) shall not apply in the case of a person who performed active service described in section 3683 of title 10, United States Code, as such section was in effect on the day before the date of the enactment of this Act. (2)(A) Section 3963 of such title is repealed. (B) The table of sections at the beginning of chapter 369 of such title is amended by striking out the item relating to section 3963. (C) The repeal made by subparagraph (C) shall not apply in the case of a member of the Regular Army described in section 3963 of title 10, United States Code, as such section was in effect on the day before the date of the enactment of this Act. (3)(A) Section 4309(b) of such title is amended by striking out "males" and inserting in lieu thereof "persons". (B) Section 4313(a) of such title is amended by striking out "man" and inserting in lieu thereof "competitor".

10 USC 1431. Repeal.

10 USC 3683 note.

Repeal. 10 USC 3963. 10 USC 3963 note. 10 USC 4309. 10 USC 4313.

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