
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5304a]

 
             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. 5304a. Authority to fix an alternative level of 
        comparability payments
        
    (a) If, because of national emergency or serious economic conditions 
affecting the general welfare, the President should consider the level 
of comparability payments which would otherwise be payable under section 
5304 in any year to be inappropriate, the President shall--
        (1) prepare and transmit to Congress, at least 1 month before 
    those comparability payments (disregarding this section) would 
    otherwise become payable, a report describing the alternative level 
    of payments which the President instead intends to provide, 
    including the reasons why such alternative level is considered 
    necessary; and
        (2) implement the alternative level of payments beginning on the 
    same date as would otherwise apply, for the year involved, under 
    section 5304.

    (b) The requirements set forth in paragraphs (2) and (3), 
respectively, of section 5303(b) shall apply with respect to any 
decision to exercise any authority to fix an alternative level of 
comparability payments under this section.

(Added Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 101(a)(1)], 
Nov. 5, 1990, 104 Stat. 1427, 1436.)


                             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.


         Special Rule Relating to Comparability Payments in 1994

    Section 634 of Pub. L. 101-509 provided that:
    ``Notwithstanding any other provision of law (including any 
provision of the Federal Employees Pay Comparability Act of 1990 [see 
Short Title of 1990 Amendment note set out under section 5301 of this 
title] and any provision of law amended by such Act), for purposes of 
any comparability payments scheduled to take effect under section 5304 
of title 5, United States Code (as amended by such Act) during calendar 
year 1994--
        ``(1) deem section 5304a of such title (as so amended) to be 
    amended as follows:
            ``(A) in subsection (a), strike `If' and all that follows 
        thereafter through `welfare,' and insert `Subject to subsection 
        (c), if'; and
            ``(B) add after subsection (b) the following:
    `` `(c)(1) For the purpose of this section--
        `` `(A) the ``threshold amount'' is $1,800,000,000; and
        `` `(B) ``severe economic conditions'' shall be considered to 
    exist relative to comparability payments scheduled to take effect on 
    a given date if, during the 12-month period ending 2 calendar 
    quarters before such date, there occurred 2 consecutive quarters of 
    negative growth in the GNP.
    `` `(2) Authority under this section to provide an alternative level 
of comparability payments in any year may not be exercised except in 
accordance with the following:
        `` `(A) If the estimated cost of the comparability payments 
    which (but for this section) would otherwise be payable in such year 
    would be equal to the threshold amount or less, no alternative level 
    may be fixed under this section unless necessary because a state of 
    war or severe economic conditions exist.
        `` `(B) If the estimated cost of the comparability payments 
    which (but for this section) would otherwise be payable in such year 
    would be greater than the threshold amount, no alternative level may 
    be fixed--
            `` `(i) at a level which would result in an estimated cost 
        equal to or greater than the threshold amount, unless necessary 
        because of national emergency or serious economic conditions 
        affecting the general welfare; or
            `` `(ii) at a level which would result in an estimated cost 
        less than the threshold amount, unless necessary because of 
        either of the reasons set forth in subparagraph (A).
    `` `(d)(1) The President's agent (as referred to in section 5304(d)) 
shall develop and include in the appropriate report under section 
5304(d)(1) the methodology for estimating any costs under this section, 
and any estimate under this section shall be in accordance with such 
methodology.
    `` `(2) In making any estimate under this section, costs 
attributable to any authority under section 5304(h) may not be taken 
into account.'; and
        ``(2) the President's pay agent (referred to in section 5304(d) 
    of such title, as so amended) may use appropriate estimates in lieu 
    of BLS survey data if such data is not available for use in 
    preparing the agent's report with respect to comparability payments 
    payable during calendar year 1994.''

                  Section Referred to in Other Sections

    This section is referred to in title 2 section 60a-1.
