
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5302]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
                 SUBCHAPTER I--PAY COMPARABILITY SYSTEM
 
Sec. 5302. Definitions

    For the purpose of this subchapter--
        (1) the term ``statutory pay system'' means a pay system under--
            (A) subchapter III, relating to the General Schedule;
            (B) section 403 of the Foreign Service Act of 1980, relating 
        to the Foreign Service of the United States; or
            (C) chapter 74 of title 38, relating to the Veterans Health 
        Administration (other than a position subject to section 7451 of 
        title 38);

        (2) the term ``ECI'' means the Employment Cost Index (wages and 
    salaries, private industry workers) published quarterly by the 
    Bureau of Labor Statistics;
        (3) the ``base quarter'' for any year is the 3-month period 
    ending on September 30 of such year;
        (4) the term ``pay agent'' means the agent designated by the 
    President under section 5304(d)(1);
        (5) the term ``locality'' or ``pay locality'' means any 
    locality, as established or modified under section 5304;
        (6) the term ``pay disparity'', as used with respect to a 
    locality, means the extent to which rates of pay payable under the 
    General Schedule are generally lower than the rates paid for the 
    same levels of work by non-Federal workers in the same locality; 
    except as otherwise required in this subchapter, a pay disparity 
    shall be expressed as a single percentage which, if uniformly 
    applied to employees within the locality who are receiving rates of 
    pay under the General Schedule, would cause the rates payable to 
    such employees to become substantially equal (when considered in the 
    aggregate) to the rates paid to non-Federal workers for the same 
    levels of work in the same locality;
        (7) the term ``comparability payment'' means a payment payable 
    under section 5304;
        (8) the term ``rates of pay under the General Schedule'', 
    ``rates of pay for the General Schedule'', or ``scheduled rates of 
    basic pay'' means--
            (A) the rates of basic pay set forth in the General 
        Schedule; and
            (B) in the case of an employee receiving a retained rate of 
        basic pay under section 5363, the rate of basic pay payable 
        under such section; and

        (9) the term ``General Schedule position'' means any position to 
    which subchapter III applies.

(Added Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 101(a)(1)], 
Nov. 5, 1990, 104 Stat. 1427, 1429; amended Pub. L. 102-378, Sec. 2(25), 
Oct. 2, 1992, 106 Stat. 1348; Pub. L. 103-89, Sec. 3(b)(1)(E), Sept. 30, 
1993, 107 Stat. 981.)

                       References in Text

    Section 403 of the Foreign Service Act of 1980, referred to in par. 
(1)(B), is classified to section 3963 of Title 22, Foreign Relations and 
Intercourse.


                            Prior Provisions

    A prior section 5302, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 458, 
provided for annual reports on pay comparability, prior to repeal by 
Pub. L. 91-656, Sec. 2(b)(1), Jan. 8, 1971, 84 Stat. 1946.


                               Amendments

    1993--Par. (8). Pub. L. 103-89, Sec. 3(b)(1)(E)(i), redesignated 
subpar. (C) as (B) and struck out former subpar. (B) which read as 
follows: ``in the case of an employee covered by the performance 
management and recognition system, the rates of basic pay under chapter 
54; and''.
    Par. (9). Pub. L. 103-89, Sec. 3(b)(1)(E)(ii), substituted 
``applies'' for ``applies (including any position under the performance 
management and recognition system)''.
    1992--Par. (1)(C). Pub. L. 102-378, Sec. 2(25)(A), amended subpar. 
(C) generally. Prior to amendment, subpar. (C) read as follows: 
``chapter 73 of title 38, relating to the Veterans Health Services and 
Research Administration;''.
    Par. (8)(C). Pub. L. 102-378, Sec. 2(25)(B), added subpar. (C).


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-89 effective Nov. 1, 1993, see section 3(c) 
of Pub. L. 103-89, set out as a note under section 3372 of this title.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-378 effective Feb. 3, 1991, see section 
9(b)(5) of Pub. L. 102-378, set out as a note under section 6303 of this 
title.


                             Effective Date

    Section effective on such date as the President shall determine, but 
not earlier than 90 days, and not later than 180 days, after Nov. 5, 
1990, see section 529 [title III, Sec. 305] of Pub. L. 101-509, set out 
as an Effective Date of 1990 Amendment note under section 5301 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 5304 of this title; title 2 
section 906; title 18 section 207.
