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deem subsection (a) to be amended by striking 'one- mum extent practicable, be of the same percentage, half of 1 percentage point less than'.

and shall take effect as of the first day of the first ap-
"(2) Deem subsection (b) to be amended as follows: plicable pay period commencing on or after January 1,

"(A) In paragraph (1), strike 'if' and all that fol. 1991."
lows thereafter through 'welfare,' and insert 'Sub- 1989-Pub. L. 101-194, title VII, 8 702, Nov. 30, 1989,
ject to paragraph (2), if'.

103 Stat. 1767, provided that:
"(B) Redesignate paragraphs (2) and (3) as para- (a) RESTORATION.-
graphs (3) and (4), respectively.

"(1) IN GENERAL.-Effective for pay periods begin.
"(C) Insert after paragraph (1) the following:

ning on or after the date of enactment of this Act “'(2) Authority to provide alternative pay adjust

(Nov. 30, 1989), the rate of basic pay for any office ments under this subsection in any year may not be exercised except in accordance with the following:

or position in the executive, legislative, or judicial

branch of the Government or in the government of “(A) If the adjustment which (but for this sub

the District of Columbia shall be determined as if section) would otherwise take effect under this section in a fiscal year would be 5 percent or less,

the provisions of law cited in paragraph (2) had

never been enacted. no reduction may be made unless necessary because a state of war or severe economic conditions

(2) CITATIONS.—The provisions of law referred to exist.

in paragraph (1) are as follows: "(B) If the adjustment which (but for this sub

“(A) Section 620(b) of the Treasury, Postal Servsection) would otherwise take effect under this

ice and General Government Appropriations Act, section in a fiscal year would be greater than 5 per

1989 (2 U.S.C. 5305 note) [Pub. L. 100-440, set out cent, no reduction may be made

below). "'(i) to a level of 5 percent or greater, unless

“(B) Section 619(b) of the Treasury, Postal Serv. necessary because of national emergency or seri

ice and General Government Appropriations Act, ous economic conditions affecting the general

1990 (Public Law 101-136) (set out below). welfare; or

(b) EXCEPTIONS.-Notwithstanding any other provi“(i) to a level of less than 5 percent, unless

sion of this section, the rate of basic pay for a Senator, necessary because of either of the reasons set

the President pro tempore of the Senate, and the maforth in subparagraph (A).'

jority leader and the minority leader of the Senate “(D) Add after paragraph (4) (as so redesignated shall be determined as if subsection (a) had not been by subparagraph (B) the following:

enacted. “(5) For the purpose of this subsection, "severe "(c) SPECIFIC AUTHORITY.-For purposes of section economic conditions” shall be considered to exist rel- 140 of Public Law 97-92 (28 U.S.C. 461 note), appropriative to an adjustment scheduled to take effect on a ate salary increases are hereby authorized for Federal given date if, during the 12-month period ending 2 judges and Justices of the Supreme Court pursuant to calendar quarters before such date, there occurred 2 subsection (a). consecutive quarters of negative growth in the "(d) SPECIAL RULE.-Notwithstanding any other proGNP.'

vision of this section, no adjustment in any rate of pay "(b) REFERENCES.-Notwithstanding any other provi. shall become effective, as a result of the enactment of sion of law (including any provision of the Federal this section, before the first applicable pay period beEmployees Pay Comparability Act of 1990 (see Short ginning on or after the date as of which the order Title of 1990 Amendment note set out under section issued by the President on October 16, 1989, pursuant 5301 of this title) and any provision of law amended to section 252 of the Balanced Budget and Emergency made by such Act), effective for purposes of any pay Deficit Control Act of 1985 (2 U.S.C. 901) is rescindadjustment scheduled to take effect during the period

ed.” described in subsection (a), any reference in a provi. Pub. L. 101-194, title XI, $ 1101(a), Nov. 30, 1989, 103 sion of law to section 5303 of title 5, United States Stat. 1781, provided that: Code, as amended by section 101 (section 529 [title I, “(1) ADJUSTMENTS IN RATES OF PAY.-Notwithstand$ 101) of Pub. L. 101-509) (or to the effective date of a ing any other provision of law (including any provision pay adjustment, the size of an adjustment, a rate pay- of this Act or amendment made by this Act), effective able after an adjustment, or other related matter as provided in paragraph (2), the rate of pay of each under such section 5303) shall be considered a refer- office and position of United States Senator, the Presi. ence to such section as applied in accordance with this dent pro tempore of the Senate, and the majority and section (or to the corresponding matter, as determined minority leaders of the Senate shall be increased byunder such section 5303, as applied in accordance with “(A) the percentage increase that would have this section)."

taken effect in fiscal year 1988 if the provisions of

section 601(a)(2) of the Legislative Reorganization FEDERAL EMPLOYEE PAY ADJUSTMENTS

Act of 1946 (2 U.S.C. 31(2)) were applied to the rate 1993—Pub. L. 103-123, title V, $ 517B, Oct. 28, 1993, of pay of each such office and position in effect on 107 Stat. 1253, provided that:

January 1, 1988 without regard to section 108 of the “(a) Any adjustment required by section 5303 of title resolution entitled 'Joint resolution making further 5, United States Code, to become effective in fiscal continuing appropriations for the fiscal year 1988, year 1994 in the rates of basic pay for the statutory and for other purposes', approved December 22, 1987 pay systems shall not be made.

(Pub. L. 100-2021; (101 Stat. 1329-434; 5 U.S.C. 5305 "(b) For the purpose of this section, the term 'statu- note); tory pay system' has the meaning given such term by "(B) the percentage increase that would have section 5302(1) of title 5, United States Code."

taken effect in fiscal year 1989 if the provisions cl 1990—Pub. L. 101-509, title VI, $ 618, Nov. 5, 1990, section 601(aX2) of the Legislative Reorganization 104 Stat. 1475, provided that:

Act of 1946 (2 U.S.C. 31(2)) were applied to the rate “(a) Notwithstanding any other provision of law, in of pay of each such office and position in effect on the case of fiscal year 1991, the overall average per- January 1, 1989 (as adjusted under subparagraph centage of the adjustment under section 5305 of title

(A) of this paragraph) without regard to subsection 5, United States Code, in the rates of pay under the (b) of section 620 of the Treasury, Postal Service and General Schedule, and in the rates of pay under the General Government Appropriations Act, 1989 other statutory pay systems (as defined by section (Public Law 100-440; 102 Stat. 1756; 5 U.S.C. 5305 5301(c) of such title), shall be an increase of 4.1 per- note); and cent.

"(C) the percentage increase that would take "(b) Any increase in a pay rate or schedule which

effect in fiscal year 1990 by the application of sectakes effect under such section 5305 in fiscal year 1991

tion 601(a)2) of the Legislative Reorganization Act (in accordance with subsection (a)) shall, to the maxi- of 1946 (2 U.S.C. 31(2)) (as adjusted under subpara

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graphs (A) and (B) of this paragraph) without regard to subsection (b) of section 619 of the Treasury, Postal Service and General Government Appropriations Act, 1990 (Public Law 101-136) (set out below).

(2) The increase in the rates of pay for each office and position described under paragraph (1) shall be effective on the first day of the first pay period beginning on or after January 1, 1990."

Pub. L. 101-136, title VI, $ 619, Nov. 3, 1989, 103 Stat. 820, provided that:

"(aX1) Notwithstanding any other provision of law, in the case of fiscal year 1990, the overall average percentage of the adjustment under section 5305 of title 5, United States Code, in the rates of pay under the General Schedule, and in the rates of pay under the other statutory pay systems (as defined by section 5301(c) of such title), shall be an increase of 3.6 percent.

"(2) Each increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of the same percentage, and shall take effect as of the first day of the first applicable pay period commencing on or after January 1, 1990.

"(b)(1) Notwithstanding any other provision of this Act or any other law, no adjustment in rates of pay under section 5305 of title 5, United States Code, which becomes effective on or after October 1, 1989, and before October 1, 1990, shall have the effect of increasing the rate of salary or basic pay for any office or position in the legislative, executive, or judicial branch or in the government of the District of Columbia

“(A) if the rate of salary or basic pay payable for that office or position as of September 30, 1989, was equal to or greater than the rate of basic pay described in paragraph (3); or

"(B) to a rate exceeding the rate of basic pay described in paragraph (3) if, as of September 30, 1989, the rate of salary or basic pay payable for that office or position was less than the rate described in such paragraph.

“(2) For purposes of paragraph (1), the rate of salary or basic pay payable as of September 30, 1989, for any office or position which was not in existence on such date shall be deemed to be the rate of salary or basic pay payable to individuals in comparable of. fices or positions on such date, as determined under regulations prescribed

"(A) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia;

"(B) jointly by the Speaker of the House of Representatives and the President pro tempore of the Senate, in the case of any office or position within the legislative branch; or

"(C) by the Chief Justice of the United States, in the case of any office or position within the judicial branch.

"(3) The rate of basic pay described in this paragraph is the rate equal to the rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, as of September 30, 1989, increased by 3.6 percent."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5304, 5304a, 5306, 5318, 5332, 5376, 5382, 5392, 8431 of this title; title 2 sections 31, 60a-1, 60a-1b, 60a-2, 60a-2a, 84a-1, 908; title 3 section 104; title 22 section 3963; title 28 section 461; title 31 section 325; title 42 section 254L

(2)(A) The localities having pay disparities, and the size of those disparities, shall, for purposes of any comparability payment scheduled to take effect in any calendar year, be determined in accordance with the appropriate report, as prepared and submitted to the President under subsection (d)(1) for purposes of such calendar year.

(B) Any computation necessary to determine the size of the comparability payment to become payable for any locality in a year (as well as any determination as to the size of any pay disparity remaining after that comparability payment is made) shall likewise be made using data contained in the appropriate report (described in subparagraph (A)) so prepared and submitted for purposes of such calendar year.

(3) Subject to paragraph (4), the amount of the comparability payments payable under this subsection in a calendar year within any locality in which a comparability payment is payable shall be computed using such percentage as the President determines for such locality under subsection (d)(2), except that

(A) the percentage for the first calendar year in which any amounts are payable under this section may not be less than 45 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;

(B) the percentage for the second calendar year in which any amounts are payable under this section may not be less than 5410 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;

(C) the percentage for the third calendar year in which any amounts are payable under this section may not be less than 24 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;

(D) the percentage for the fourth calendar year in which any amounts are payable under this section may not be less than 42 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;

(E) the percentage for the fifth calendar year in which any amounts are payable under this section may not be less than 4 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;

(F) the percentage for the sixth calendar year in which any amounts are payable under this section may not be less than mo of the amount needed to reduce the pay disparity of the locality involved to 5 percent;

(G) the percentage for the seventh calendar year in which any amounts are payable under this section may not be less than 4 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;

(H) the percentage for the eighth calendar year in which any amounts are payable under this section may not be less than no of the amount needed to reduce the pay disparity of the locality involved to 5 percent; and

(I) the percentage for the ninth calendar year in which any amounts are payable under this section, and any year thereafter, may not be less than the full amount neces

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8 5304. Locality-based comparability payments

(a) Pay disparities shall be identified and reduced as follows:

(1) Comparability payments shall be payable within each locality determined to have a pay disparity greater than 5 percent.

Meme by shal les ees men exp Pree 10 COLE gra! Pre sta 534 ign Sal

(

21

sary to reduce the pay disparity of the lo- scribed in section 5302(8)(C))1 with the cality involved to 5 percent.

rates of pay generally paid to non-Federal (4) Nothing in this section shall be consid

workers for the same levels of work within ered to preclude the President, in his discre

each pay locality, as determined on the tion, from adjusting comparability payments

basis of appropriate surveys that shall be to a level higher than the minimum level

conducted by the Bureau of Labor Statisotherwise required in a calendar year, includ

tics; ing to the level necessary to eliminate a local

(B) based on data from such surveys, idenity's pay disparity completely.

tifies each locality in which a pay disparity

exists and specifies the size of each such (b) After the ninth calendar year (referred to

pay disparity (before and after taking into in subsection (a)(3)(I)), the level of comparabil

consideration any comparability payments ity payments payable within such locality may

payable); be reduced for any subsequent calendar year,

(C) makes recommendations for appropribut only if, or to the extent that, the reduction would not immediately create another pay dis

ate comparability payments, in conformparity in excess of 5 percent within the locality

ance with applicable requirements of this (taking into consideration any comparability

section; and payments remaining payable).

(D) includes the views and recommenda(c)(1) The amount of the comparability pay

tions submitted under subsection (e); ment payable within any particular locality (2) after considering the report of his agent during a calendar year

(including the views and recommendations re(A) shall be stated as a single percentage,

ferred to in subsection (e)(2)(C), provide for which shall be uniformly applicable to Gener

or adjust comparability payments in conformal Schedule positions within the locality; and

ance with applicable requirements of this sec(B) shall, for any employee entitled to re

tion, effective as of the beginning of the first ceive a comparability payment, be computed

applicable pay period commencing on or after by applying that percentage to such employ

January 1 of the applicable year; and ee's scheduled rate of basic pay (or, if lower

(3) transmit to Congress a report of the acdue to a limitation on the rate payable, the

tions taken under paragraph (2) (together rate actually payable), subject to subsection

with a copy of the report submitted to him by (g).

his agent, including the views and recommen(2) A comparability payment

dations referred to in subsection (e)(2)(C)) (A) shall be considered to be part of basic which shallpay for purposes of retirement under chapter (A) identify each pay locality; 83 or 84, as applicable, life insurance under

(B) specify which localities have pay dischapter 87, and premium pay under subchap

parities in excess of 5 percent, and the size ter V of chapter 55, and for such other pur

of the disparity existing in each of those loposes as may be expressly provided for by law

calities, according to the pay agent's most or as the Office of Personnel Management

recent report under paragraph (1) (before may by regulation prescribe; and

and after taking into consideration any (B) shall be paid in the same manner and at

comparability payments payable); and the same time as the basic pay payable to

(C) indicate the size of the respective comsuch employee pursuant to any provision of

parability payments (expressed as percentlaw outside of this section.

ages) which will be in effect under para(3) Nothing in this subchapter shall be con- graph (2) for the various pay localities specsidered to permit or require that any portion of ified under subparagraph (B) for the appli. a comparability payment be taken into account cable calendar year. for purposes of any adjustment under section

(e)(1) The President shall establish a Federal 5303.

Salary Council of 9 members, of whom(4)(A) Only employees receiving scheduled rates of basic pay (subject to any pay limitation

(A) 3 shall be chosen from among persons which may apply) shall be eligible for compara

generally recognized for their impartiality, bility payments under this section.

knowledge, and experience in the field of (B) Comparability payments shall not be pay

labor relations and pay policy; and able for service performed in any position (B) 6 shall be representatives of employee which may not, under subsection (f)(1)(A), be organizations which represent substantial included within a pay locality.

numbers of employees holding General (d) In order to carry out this section, the Schedule positions, and who shall be selected President shall

giving due consideration to such factors as (1) direct such agent as he considers appro

the relative numbers of employees representpriate to prepare and submit to him annually,

ed by the various organizations, except that after considering such views and recommen

not more than 3 members of the Council at dations as may be submitted under subsection

any one time shall be from a single employee (e) (but not later than 13 months before the organization, council, federation, alliance, asstart of the calendar year for purposes of

sociation, or affiliation of employee organizawhich it is prepared), a report that

tions. (A) compares the rates of pay under the General Schedule (disregarding any de- "See References in Text note below.

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Members of the Council shall not receive pay not it was promulgated in accordance with the
by reason of their service on the Council, nor requirements referred to in subparagraph (A).
shall members who are not otherwise employ. (g)(1) Except as provided in paragraph (2),
ees of the United States be considered employ- comparability payments may not be paid at a
ees by reason of any such service. However, rate which, when added to the rate of basic pay
members under subparagraph (A) may be paid otherwise payable to the employee involved,
expenses in accordance with section 5703. The would cause the total to exceed the rate of
President shall designate one of the members basic pay payable for level IV of the Executive
to serve as Chairman of the Federal Salary Schedule.
Council. One of the 3 members under subpara- (2) The applicable maximum under this sub-
graph (A) may be the Chairman of the Federal

section shall be level III of the Executive Prevailing Rate Advisory Committee, notwith

Schedule forstanding the restriction under section

(A) positions under subparagraphs (A)-(E) 5347(a)(1), and such individual may also be des

of subsection (h)(1); and ignated to serve as Chairman of the Federal

(B) any positions under subsection (h)(1)(F) Salary Council.

which the President may determine.
(2) The pay agent shall-

(A) provide for meetings with the Council (h)(1) For the purpose of this subsection, the
and give thorough consideration to the views term “position" means-
and recommendations of the Council and the (A) a position to which section 5376 applies
individual views and recommendations, if any, (relating to certain senior-level positions);
of the members of the Council regarding-

(B) a Senior Executive Service position (i) the establishment or modification of

under section 3132; pay localities;

(C) a position in the Federal Bureau of In(ii) the coverage of the surveys of pay lo

vestigation and Drug Enforcement Adminiscalities conducted by the Bureau of Labor

tration Senior Executive Service under secStatistics under subsection (d)(1)(A) (in

tion 3151; cluding, but not limited to, the occupations,

(D) a position to which section 5372 applies establishment sizes, and industries to be

(relating to administrative law judges apsurveyed, and how pay localities are to be

pointed under section 3105); surveyed);

(E) a position to which section 5372a applies (iii) the process of comparing the rates of

(relating to contract appeals board members); pay payable under the General Schedule

and with rates of pay for the same levels of

(F) a position within an Executive agency work performed by non-Federal workers;

not covered under the General Schedule or and (iv) the level of comparability payments

any of the preceding subparagraphs, the rate

of basic pay for which is (or, but for this secthat should be paid in order to eliminate or

tion, would be) no more than the rate payable reduce pay disparities in accordance with

for level IV of the Executive Schedule;
the requirements of this section;
(B) give thorough consideration to the

but does not include-
views and recommendations of employee or-

(i) a position to which subchapter IV apganizations not represented on the Council

plies (relating to prevailing rate systems); regarding the subjects in subparagraph

(ii) a position as to which a rate of pay is (A)(1)-(iv); and

authorized under section 5377 (relating to (C) include in its report to the President critical positions); or the views and recommendations submitted as (iii) a position to which subchapter II approvided in this subsection by the Council, by plies (relating to the Executive Schedule). any member of the Council, and by employee

(2)(A) Notwithstanding subsection (c)(4) or organizations not represented on the Council.

any other provision of this section, but subject (f)(1) The pay agent may provide for such to subparagraph (B) and paragraph (3), upon pay localities as the pay agent considers appro- the request of the head of an Executive agency priate, except that

with respect to 1 or more categories of posi(A) each General Schedule position (exclud- tions, the President may provide that each eming any outside the continental United States, ployee of such agency who holds a position as defined in section 5701(6)) shall be includ- within such category, and within the particular ed with a pay locality; and

locality involved, shall be entitled to receive (B) the boundaries of pay localities shall be comparability payments. determined based on appropriate factors

(B) A request by an agency head or exercise which may include local labor market pat- of authority by the President under subparaterns, commuting patterns, and practices of

graph (A) shall coverother employers.

(i) with respect to the positions under sub(2)(A) The establishment or modification of paragraphs (A) through (E) of paragraph (1), any such boundaries shall be effected by regu- all positions described in the subparagraph or lations which, notwithstanding subsection subparagraphs involved (excluding any under (a)(2) of section 553, shall be promulgated in ac

clause (i) or (ii) of such paragraph); and cordance with the notice and comment require- (ii) with respect to positions under paraments of such section.

graph (1)(F), such positions as may be consid(B) Judicial review of any regulation under ered appropriate (excluding any under clause this subsection shall be limited to whether or (i) or (ii) of paragraph (1)).

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(C) Notwithstanding subsection (c)(4) or any Subsec. (e)(2XA)(ii). Pub. L. 102-378, 82(26XCXti), other provision of law, but subject to paragraph substituted "surveys of pay localities" for "annual (3), in the case of a category with positions that survey" and "industries" for "industries,". are in more than 1 Executive agency, the Presi

Subsec. (g)(2). Pub. L. 102-378, $ 2(26)D), amended dent may, on his own initiative, provide that

par. (2) generally. Prior to amendment, par. (2) read as

follows: "For positions under subparagraphs (A)-E) of each employee who holds a position within such category, and in the locality involved,

subsection (h)(1), the applicable maximum under this

subsection shall be level III of the Executive Schedshall be entitled to receive comparability pay- ule," ments. No later than 30 days before an employ- Subsec. (hX1XF). Pub. L. 102-378, $ 2(26XEXXI), ee receives comparability payments under this amended subpar. (F) generally. Prior to amendment, subparagraph, the President or the President's subpar. (F) read as follows: "a position within an Execdesignee shall submit a detailed report to the utive agency not covered under any of the preceding Congress justifying the reasons for the exten- subparagraphs, the rate of basic pay for which is (or, sion, including consideration of recruitment

but for this section, would be) less than the rate pay. and retention rates and the expense of extend

able for level V of the Executive Schedule;".

Subsec. (h)(1)(iii). Pub. L. ing locality pay.

102-378,

$ 2(26)(E)(I)(II)-(IV), added cl. (iii). (3) Comparability payments under this sub

Subsec. (h)(2)(C). Pub. L. 102-378, $2(26XEXI), section

added subpar. (C). (A) may be paid only in any calendar year Subsec. (h)(3)(B). Pub. L. 102-378, 82(26/EXiii), in which comparability payments under the amended subpar. (B) generally. Prior to amendment, preceding provisions of this section are pay. subpar. (B) read as follows: "shall be payable, within able with respect to General Schedule posi- the locality involved, for the entirety of each calendar tions within the same locality;

year for which authority is granted by the President;". (B) shall take effect, within the locality in

1990—Pub. L. 101-509 amended section generally, volved, on the first day of the first applicable

substituting provisions relating to locality-based compay period commencing on or after such date

parability payments for provisions making functions,

duties, and regulations of agencies and Office of Peras the President designates (except that no

sonnel Management with respect to this subchapter date may be designated which would require

subject to Presidential policies and regulations. any retroactive payments), and shall remain in effect through the last day of the last ap

EFTECTIVE DATE OF 1990 AMENDMENT plicable pay period commencing during that

Amendment by Pub. L. 101-509 effective on such calendar year;

date as the President shall determine, but not earlier (C) shall be computed using the same per- than 90 days, and not later than 180 days, after Nov. 5, centage as is applicable, for the calendar year 1990, with provision that first calendar year in which involved, with respect to General Schedule comparability payments under this section are paid positions within the same locality; and

shall be calendar year beginning Jan. 1, 1994, see sec(D) shall be subject to the applicable limita

tion 529 [title III, § 305) of Pub. L. 101-509, set out as

a note under section 5301 of this title. tion under subsection (g). (i) The Office of Personnel Management may

DELEGATION OF FUNCTIONS prescribe regulations, consistent with the provi

For designation of agents of President under subsions of this section, governing the payment of secs. (d)(1) and (h) of this section, see Ex. Ord. No. comparability payments to employees.

12748, $ 2(a), Feb. 1, 1991, 56 F.R. 4521, eff. Feb. 3, (As amended Pub. L. 101-509, title V, $ 529

1991, set out as a note under section 5301 of this title. (title I, § 101(a)(1)), Nov. 5, 1990, 104 Stat. 1427,

COMPARABILITY PAYMENTS IN 1994 AND 1995 1431; Pub. L. 102-378, $ 2(26), Oct. 2, 1992, 106

Section 8(b) of Pub. L. 102-378 provided that: “NotStat. 1348.)

withstanding section 5304 of title 5, United States REFERENCES IN TEXT

Code, for purposes of any comparability payments

scheduled to take effect under such section during calThe General Schedule, referred to in text, is set out

endar years 1994 and 1995, respectivelyunder section 5332 of this title. Section 5302(8XC), referred to in subsec. (d)1XA),

(1) the report required by subsection (dx1) of

such section may be submitted not later than 1 was redesignated 5302(8)(B) of this title by Pub. L. 103-89, 83(b)(1)(EXI)(II), Sept. 30, 1993, 107 Stat. 981.

month before the start of the calendar year for pur. Levels III and IV of the Executive Schedule, re

poses of which it is prepared; and ferred to in subsecs. (g) and (h)(1)(F), are set out in

(2) the surveys conducted by the Bureau of Labor sections 5314 and 5315, respectively, of this title.

Statistics for use in preparing any such report may
be other than annual surveys, and shall

, to the
AMENDMENTS

greatest extent practicable, be completed not later 1992–Subsec. (a)(3). Pub. L. 102-378, 82(26)A)(i),

than 4 months before the start of the calendar year substituted "Subject to paragraph (4)," for “Subject to

for purposes of which the surveys are conducted." paragraphs (4) and (5)," and "a comparability pay.

INTERIM GEOGRAPHIC ADJUSTMENTS ment” for “a comparative payment".

Subsec. (a)(3)(H). Pub. L. 102-378, 82(26)(A)(ii), in- Section 529 [title III, $ 302) of Pub. L. 101-509, as serted "and" after semicolon at end.

amended by Pub. L. 102-378, $3(4), Oct. 2, 1992, 106 Subsec. (a)(3XI). Pub. L. 102-378, § 2(26XA)(iii), sub- Stat. 1356; Pub. L. 103-89, $ 306X2), Sept. 30, 1993, 107 stituted a period for semicolon at end.

Stat. 982, provided that: Subsec. (d)1XA). Pub. L. 102-378, $ 2(26XB), insert- “(a) DEFINITIONS.-For the purpose of this sectioned "(disregarding any described in section 5302(8)(C))" "(1) the term 'area' means any consolidated metroafter "General Schedule" and struck out “annual" politan statistical area, primary metropolitan statisbefore "surveys".

tical area, or metropolitan statistical area, with at Subsec. (e)(1). Pub. L. 102-378, $ 2(26)(CXI), inserted least 5,000 General Schedule employees; and after second sentence "However, members under sub- “(2) the term “pay relative' shall have the meaning paragraph (A) may be paid expenses in accordance given such term under regulations prescribed by the with section 5703."

Bureau of Labor Statistics.

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