5 U.S.C. § 5301 — Policy

Page 519 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5301 5384. Performance awards in the Senior Executive Service. 5385. Regulations. SUBCHAPTER IX—SPECIAL OCCUPATIONAL PAY SYSTEMS 5391. Definitions. 5392. Establishment of special occupational pay systems. Editorial Notes AMENDMENTS 2000—Pub. L. 106–554, § 1(a)(3) [title VI, § 645(a)(3)], Dec. 21, 2000, 114 Stat. 2763, 2763A–170, added item 5372b. 1992—Pub. L. 102–378, § 8(a), Oct. 2, 1992, 106 Stat. 1359, repealed Pub. L. 100–510, § 1206(i)(2). See 1990 Amend- ment note below. Pub. L. 102–378, § 2(24), Oct. 2, 1992, 106 Stat. 1348, sub- stituted ‘‘repayments’’ for ‘‘repayment’’ in item 5379 and struck out ‘‘Sec.’’ before item 5391. 1990—Pub. L. 101–510, div. A, title XII, § 1206(i)(2), Nov. 5, 1990, 104 Stat. 1663, which added item 5380 ‘‘Pay au- thority for critical positions’’, was repealed by Pub. L. 102–378, § 8(a), Oct. 2, 1992, 106 Stat. 1359, which provided that this title shall read as if such section 1206(i)(2) had not been enacted. Pub. L. 101–510, div. A, title XII, § 1206(b)(2), Nov. 5, 1990, 104 Stat. 1661, added item 5379. Pub. L. 101–509, title V, § 529 [title I, §§ 101(a)(2), 102(a)(2), 103(b), 104(b), 105(a)(2), 109(a)(1)(B), title II, §§ 205(b), 211(b)(2)], Nov. 5, 1990, 104 Stat. 1427, 1439, 1443, 1445, 1446, 1448, 1451, 1457, 1461, struck out items 5301 ‘‘Policy’’, 5303 ‘‘Higher minimum rates; Presidential authority’’, 5304 ‘‘Presidential policies and regula- tions’’, 5305 ‘‘Annual pay reports and adjustments’’, 5306 ‘‘Advisory Committee on Federal Pay’’, 5307 ‘‘Pay fixed by administrative action’’, and 5308 ‘‘Pay limita- tion’’, and added items 5301 to 5307, struck out ‘‘; higher rates for supervisors of prevailing rate em- ployees’’ after ‘‘appointments’’ in item 5333, sub- stituted ‘‘Health care positions’’ for ‘‘Scientific and professional positions’’ in item 5371, and added items 5372a, 5376 to 5378, item for subchapter IX, and items 5391 and 5392. Pub. L. 101–263, § 1(b), Apr. 4, 1990, 104 Stat. 125, in- serted ‘‘the’’ before ‘‘National’’ in item 5375. 1979—Pub. L. 96–54, § 2(a)(26)(B), Aug. 14, 1979, 93 Stat. 382, substituted ‘‘prevailing rate’’ for ‘‘wage-board’’ in item 5333. 1978—Pub. L. 95–454, title IV, § 407(b), title VIII, § 801(a)(3)(B)(i), (ii), Oct. 13, 1978, 92 Stat. 1172, 1221, struck out items 5337 ‘‘Pay saving’’ and 5345 ‘‘Retained rate of pay on reduction in grade or reassignment’’, added item for subchapter VI and items 5361 to 5366, re- designated former item for subchapter VI and items 5361 to 5365 as subchapter VII and items 5371 to 5375, re- spectively, and added item for subchapter VIII and items 5381 to 5385. Pub. L. 95–251, § 2(c)(4), Mar. 27, 1978, 92 Stat. 184, sub- stituted ‘‘Administrative law judges’’ for ‘‘Hearing ex- aminers’’ in item 5362. 1975—Pub. L. 94–82, title II, § 202(b)(6), Aug. 9, 1975, 89 Stat. 420, added item 5318. 1972—Pub. L. 92–392, § 1(b), Aug. 19, 1972, 86 Stat. 572, substituted items 5341, 5343, 5344, and 5345 relating to ‘‘Policy’’, ‘‘Prevailing rate determinations; wage sched- ules; night differentials’’, ‘‘Effective date of wage in- crease; retroactive pay’’ and ‘‘Retained rate of pay on reduction in grade or reassignment’’, for such former items relating to ‘‘Trades and crafts’’, ‘‘Effective date of pay increase’’, ‘‘Retroactive pay’’ and ‘‘Position clas- sification appeals’’, added items 5342, 5346, 5347, and 5349, and renumbered former item 5342 as 5348. 1971—Pub. L. 91–656, §§ 2(b)(2), 3(b), Jan. 8, 1971, 84 Stat. 1946, 1951, struck out item 5302 ‘‘Annual reports on pay comparability’’ and added items 5305–5308. 1969—Pub. L. 91–34, § 1(b), June 30, 1969, 83 Stat. 41, added item 5365. 1967—Pub. L. 90–206, title II, § 223(b), Dec. 16, 1967, 81 Stat. 642, added item 5345. SUBCHAPTER I—PAY COMPARABILITY SYSTEM § 5301. Policy It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that— (1) there be equal pay for substantially equal work within each local pay area; (2) within each local pay area, pay distinc- tions be maintained in keeping with work and performance distinctions; (3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and (4) any existing pay disparities between Fed- eral and non-Federal employees should be completely eliminated. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 458; Pub. L. 91–656, § 2(a), Jan. 8, 1971, 84 Stat. 1946; Pub. L. 96–465, title II, § 2314(c)(1), Oct. 17, 1980, 94 Stat. 2167; Pub. L. 101–509, title V, § 529 [title I, § 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1429.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1171. Oct. 11, 1962, Pub. L. 87–793, § 502, 76 Stat. 841. The words ‘‘It is the policy of Congress’’ are sub- stituted for ‘‘The Congress hereby declares’’. The words ‘‘whereas the functions of a Federal salary system are to fix salary rates for the services rendered by Federal employees so as to make possible the employment of persons well qualified to conduct the Government’s programs and to control expenditures of public funds for personal services with equity to the employee and to the taxpayer, and whereas fulfillment of these func- tions is essential to the development and maintenance of maximum proficiency in the civilian services of Gov- ernment, then, accordingly’’ are omitted as unneces- sary. In the last sentence, the words ‘‘and henceforth’’ are omitted as executed. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1990—Pub. L. 101–509 amended section generally. Prior to amendment, section read as follows: ‘‘(a) It is the policy of Congress that Federal pay fix- ing for employees under statutory pay systems be based on the principles that— ‘‘(1) there be equal pay for substantially equal work; ‘‘(2) pay distinctions be maintained in keeping with work and performance distinctions; ‘‘(3) Federal pay rates be comparable with private enterprise pay rates for the same levels of work; and ‘‘(4) pay levels for the statutory pay systems be interrelated. ‘‘(b) The pay rates of each statutory pay system shall be fixed and adjusted in accordance with the principles under subsection (a) of this section and the provisions of sections 5305, 5306, and 5308 of this title. ‘‘(c) For the purpose of this subchapter, ‘statutory pay system’ means a pay system under— ‘‘(1) subchapter III of this chapter, relating to the General Schedule; Page 520 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5301 ‘‘(2) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or ‘‘(3) chapter 73 of title 38, relating to the Depart- ment of Medicine and Surgery, Veterans’ Administra- tion.’’ 1980—Subsec. (c)(2). Pub. L. 96–465 substituted ‘‘sec- tion 403 of the Foreign Service Act of 1980’’ for ‘‘sub- chapter IV of chapter 14 of title 22’’. 1971—Pub. L. 91–656 designated provisions of first sen- tence as subsec. (a), incorporating former cl. (1) in cls. (1) and (2), and former cl. (2) in cl. (3), and inserted ‘‘for employees under statutory pay systems’’ after ‘‘Fed- eral pay fixing’’; substituted subsec. (b) reading ‘‘The pay rates of each statutory pay system shall be fixed and adjusted in accordance with the principles under subsection (a) of this section and the provisions of sec- tions 5305, 5306, and 5308 of this title’’ for former second sentence providing ‘‘Pay levels for the several Federal statutory pay systems shall be interrelated, and pay levels shall be set and adjusted in accordance with these principles’’; and added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Section 529 [title III, § 305] of Pub. L. 101–509 provided that: ‘‘(a) GENERALLY.—Except as otherwise provided in this Act, this Act and the amendments made by this Act [this Act means section 529 [titles I–III, §§ 1–306] of Pub. L. 101–509, but does not include section 529 [title IV, §§ 401–412] of Pub. L. 101–509, see Short Title of 1990 Amendment; Rules of Construction note below, and see Tables for classification] shall take effect on such date as the President shall determine [see Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, set out below], but not earlier than 90 days, and not later than 180 days, after the date of enactment of this Act [Nov. 5, 1990]. ‘‘(b) SPECIAL RULE.—The first calendar year in which comparability payments under section 5304 of title 5, United States Code (as amended by this Act), are paid shall be the calendar year beginning on January 1, 1994.’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse. SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–554, § 1(a)(4) [div. B, title IX, § 901], Dec. 21, 2000, 114 Stat. 2763, 2763A–303, provided that: ‘‘This title [enacting provisions set out as notes under sections 5304 and 5305 of this title and section 204 of Title 3, The President, and amending provisions set out as a note under section 5305 of this title] may be cited as the ‘Law Enforcement Pay Equity Act of 2000’.’’ SHORT TITLE OF 1993 AMENDMENT Pub. L. 103–89, § 1, Sept. 30, 1993, 107 Stat. 981, provided that: ‘‘This Act [amending sections 3372, 4501, 4502, 5302, 5332, 5334 to 5336, 5361 to 5363, 5410, 5948, and 8473 of this title, sections 1602, 1732, and 1733 of Title 10, Armed Forces, and section 731 of Title 31, Money and Finance, repealing sections 4302a and 5401 to 5410 of this title, en- acting provisions set out as notes under sections 3372, 5335, 5401, and 5410 of this title, and amending provi- sions set out as a note under section 5304 of this title] may be cited as the ‘Performance Management and Recognition System Termination Act’.’’ SHORT TITLE OF 1990 AMENDMENT; RULES OF CONSTRUCTION Pub. L. 101–509, title V, § 529 [§ 1], Nov. 5, 1990, 104 Stat. 1427, provided that: ‘‘(a) SHORT TITLE.—This section, and the sections im- mediately following this section through section 412, inclusive [section 529 [§§ 1–412] of Pub. L. 101–509, see Ta- bles for classification], may be cited as the ‘Federal Employees Pay Comparability Act of 1990’ (hereinafter in this section referred to as ‘FEPCA’). ‘‘(b) RULES OF CONSTRUCTION.—(1) Except as otherwise expressly provided, any reference (actual or implicit) in FEPCA (outside of this section) to ‘this Act’ (or to any title, section, or other designated provision of ‘this Act’) shall be construed to be a reference to FEPCA (or the corresponding provision within FEPCA). ‘‘(2) Except as otherwise expressly provided, any ref- erence (actual or implicit) in any provision of this Act outside of FEPCA to ‘this Act’ (or to any title, section, or other designated provision of ‘this Act’), and any ref- erence made in any provision of law outside of this Act to the ‘Treasury, Postal Service and General Govern- ment Appropriations Act, 1991’ [Pub. L. 101–509] (or to any title, section, or other designated provision of such Act), shall be construed disregarding the provisions of FEPCA.’’ Pub. L. 101–509, title V, § 529 [title III, § 306], Nov. 5, 1990, 104 Stat. 1427, 1464, provided that: ‘‘Notwith- standing section 1(b) [section 529 [§ 1(b)] of Pub. L. 101–509, set out above], a reference in any of the pre- ceding provisions of this title [section 529 [title III, §§ 301–305] of Pub. L. 101–509, enacting section 237 of Title 42, The Public Health and Welfare, amending sec- tion 212 of Title 42, and enacting provisions set out as notes under this section, section 5304 of this title, and section 212 of Title 42] to ‘this Act’ [section 529 of Pub. L. 101–509] (other than a reference in section 301) [sec- tion 529 [title III, § 301] of Pub. L. 101–509, set out below] shall not be considered to include any provision of title IV [section 529 [title IV, §§ 401–412] of Pub. L. 101–509, en- acting sections 4521 to 4523 of this title, amending sec- tions 5541, 5542, 5547, 8335, and 8425 of this title, enacting provisions set out as notes under sections 4521, 5305, 5541, and 8335 of this title, and amending provisions set out as a note under section 5541 of this title].’’ SHORT TITLE Pub. L. 91–656, § 1, Jan. 8, 1971, 84 Stat. 1946, provided that: ‘‘This Act [enacting sections 5305 to 5308 and 5947 of this title, amending this section, sections 5108 and 5942 of this title, and section 410 of Title 39, Postal Service, repealing section 5302 of this title, and enact- ing provisions set out as notes under sections 5303 and 5942 of this title, section 60a of Title 2, The Congress, and section 410 of Title 39] may be cited as the ‘Federal Pay Comparability Act of 1970’.’’ PAY-FOR-PERFORMANCE LABOR-MANAGEMENT COMMITTEE Pub. L. 101–509, title V, § 529 [title I, § 111], Nov. 5, 1990, 104 Stat. 1453, provided that: ‘‘(a) POLICY.—It is the policy of Congress that— ‘‘(1) the Federal Government should institute sys- tems for determining pay for its General Schedule employees under which the linkage between their performance and their pay will be strengthened; ‘‘(2) the design of such systems should be developed by the Office of Personnel Management, in conjunc- tion with the Pay-for-Performance Labor-Manage- ment Committee; ‘‘(3) the systems should provide flexibility to adapt to the different needs of different agencies and orga- nizational components in the Federal Government; and ‘‘(4) any legislation needed to implement the sys- tems should be enacted in a timely fashion so as to permit implementation of the system by October 1, 1993. ‘‘(b) ESTABLISHMENT.—The Office of Personnel Man- agement shall establish a Pay-for-Performance Labor- Management Committee to advise the Office on the de- sign and establishment of systems for strengthening the linkage between the performance of General Sched- ule employees and their pay. ‘‘(c) MEMBERSHIP.—The members of the Committee shall be— Page 521 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5301 ‘‘(1) a Chairman, who shall be appointed by the Di- rector of the Office of Personnel Management on the basis of the appointee’s education, training, and expe- rience as an expert in compensation practices, and after consultation with the Committee on Govern- mental Affairs [now Committee on Homeland Secu- rity and Governmental Affairs] of the Senate and the Committee on Post Office and Civil Service of the House of Representatives, respectively; ‘‘(2) an employee of the Office of Personnel Manage- ment, designated by the Director of such Office; ‘‘(3) an employee of the Department of Defense, des- ignated by the Secretary of Defense; ‘‘(4) 3 individuals, each of whom shall be an em- ployee designated by the head of each of 3 other de- partments or agencies selected by the Director of the Office of Personnel Management from among depart- ments and agencies having substantial numbers of General Schedule employees; and ‘‘(5) 6 individuals appointed by the Director of the Office of Personnel Management to serve as rep- resentatives of employee organizations which rep- resent substantial numbers of General Schedule em- ployees, and who shall be selected with due consider- ation to such factors as the relative numbers of Gen- eral Schedule employees represented by the various organizations, except that not more than 3 members of the Committee at any one time shall be from a sin- gle employee organization, council, federation, alli- ance, association, or affiliation of employee organiza- tions. ‘‘(d) PAY FOR MEMBERS.—The Chairman shall be paid at a rate of basic pay for the Senior Executive Service, to be determined by the Director of the Office of Per- sonnel Management. The members of the Committee who are otherwise employees of the Federal Govern- ment shall not receive any additional pay by reason of their service on the Committee. The members of the Committee who are not otherwise employees of the Federal Government shall not be paid for their service on the Committee and shall not be considered employ- ees of the Federal Government for any purpose by rea- son of their service on the Committee. ‘‘(e) ADMINISTRATIVE SUPPORT.—The Office of Per- sonnel Management may provide staff and administra- tive support for the Committee. ‘‘(f) FUNCTIONS.—The Committee shall review avail- able reports and studies on performance evaluation and performance-based pay systems (including a report to be prepared by the National Academy of Sciences) and any other pertinent information. ‘‘(g) REPORT TO THE OFFICE OF PERSONNEL MANAGE- MENT.—No later than 1 year after the date of enactment of this Act [Nov. 5, 1990], the Committee shall submit a report to the Director of the Office of Personnel Man- agement, which shall include recommendations as to— ‘‘(1) the types of pay raises to be covered; ‘‘(2) guidelines for pay-for-performance systems, in- cluding the criteria to be used in determining eligi- bility for and the amount of increases in basic pay above the midpoint of the pay range; ‘‘(3) the role organization performance should play in pay-for-performance systems; ‘‘(4) any differences in pay-for-performance systems for different categories of employees; ‘‘(5) the role for employee organizations in the im- plementation and operation of pay-for-performance systems; and ‘‘(6) whether demonstration projects on pay-for-per- formance are desirable.’’ BUDGET ACT COMPLIANCE Pub. L. 101–509, title V, § 529 [title III, § 301], Nov. 5, 1990, 104 Stat. 1461, provided that: ‘‘For purposes of the Congressional Budget Act of 1974 [titles I through IX, of Pub. L. 93–344, July 12, 1974, 88 Stat. 297, see Tables for classification], any authority to make payments under this Act or any amendment made by this Act [see Short Title of 1990 Amendment note above] shall be ef- fective only to the extent provided for in advance in ap- propriation Acts.’’ PAY RATES FOR CURRENT EMPLOYEES Pub. L. 101–509, title V, § 529 [title III, § 303], Nov. 5, 1990, 104 Stat. 1463, provided that: ‘‘Nothing in this Act or in any amendment made by this Act [see Short Title of 1990 Amendment note above] shall have the effect of diminishing the rate of basic pay payable to any indi- vidual employed by the United States on the date of the enactment of this Act [Nov. 5, 1990] to a rate below the rate payable to such individual on such date, so long as that individual continues in such position with- out a break in service.’’ Executive Documents EX. ORD. NO. 12748. PROVIDING FOR FEDERAL PAY ADMINISTRATION Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, as amend- ed by Ex. Ord. No. 12883, Nov. 29, 1993, 58 F.R. 63281; Ex. Ord. No. 13106, § 8, Dec. 7, 1998, 63 F.R. 68152; Ex. Ord. No. 13415, § 2(a), Dec. 1, 2006, 71 F.R. 70641, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Employees Pay Com- parability Act of 1990 (hereinafter ‘‘FEPCA’’), as incor- porated in section 529 of Public Law 101–509 [see Short Title of 1990 Amendment note above], and sections 3301 and 3302 of title 5, United States Code, it is hereby or- dered as follows: SECTION 1. Annual Adjustments to Pay Schedules. The following agencies are designated under section 5303(g) of title 5, United States Code, as amended by FEPCA, to prescribe conversion rules for the initial adjustment of rates of pay to be applied during each annual adjust- ment of pay schedules under section 5303 of title 5, United Stated Code: (a) the Office of Personnel Management, for the Gen- eral Schedule; (b) the Department of State, for the Foreign Service Schedule; and (c) the Department of Veterans Affairs, for the Vet- erans Health Services and Research Administration Schedules. SEC. 2. Locality-based Comparability Payments. (a) The Secretary of Labor, the Director of the Office of Man- agement and Budget, and the Director of the Office of Personnel Management are hereby designated under section 5304(d)(1) of title 5, United States Code, as amended by FEPCA, to serve jointly as the President’s agent under section 5304 of title 5, United States Code, and shall be known in this capacity as the President’s Pay Agent. (b) The head of each executive agency employing per- sonnel under a statutory pay system, as defined in sec- tion 5302(1) of title 5, United States Code, as amended by FEPCA, shall provide such information and assist- ance as may be requested by the President’s Pay Agent in carrying out the provisions of section 5304 of title 5, United States Code. (c) The President’s Pay Agent, as designated in sub- section (a), is hereby authorized and designated to exer- cise the authorities of the President under section 5304(g)–(h) [5 U.S.C. 5304(g), (h)] concerning the exten- sion of locality-based comparability payments to cer- tain categories of positions not otherwise covered. SEC. 3. Previous Order Revoked. Executive Order No. 11721, as amended, is revoked. SEC. 4. Advance Payments for New Appointees. Section 2(b) of Executive Order No. 10982, as amended [5 U.S.C. 5527 note], is further amended to read as follows: ‘‘(b) The Office of Personnel Management is hereby designated and empowered to perform the functions conferred upon the President by the provisions of sec- tion 5527 of title 5, United States Code, with respect to allotments and assignments authorized by section 5525 of title 5, United States Code, and advance payments to new appointees authorized by section 5524a of title 5, United States Code, as added by section 107(a) of the Federal Employees Pay Comparability Act of 1990, as incorporated in section 529 of Public Law 101–509.’’ Page 522 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5302 SEC. 5. Staffing Differentials. The Office of Personnel Management is hereby designated and empowered to exercise the authority of the President under section 209 of FEPCA [5 U.S.C. 5305 note] to establish staffing differentials. SEC. 6. Executive Assignment System. (a) Civil Service Rule 9 (5 CFR Part 9), as established by Executive Order No. 11315, as amended, is revoked. (b) The Office of Personnel Management shall take such actions as the Office may determine to be nec- essary to provide for the orderly termination of the Ex- ecutive Assignment System. SEC. 7. Effective Dates. (a) Except as otherwise pro- vided by Public Law 101–509, the provisions of sub- chapter I of chapter 53 of title 5, United States Code, as amended by section 101 of FEPCA [this subchapter], and the provisions of sections 1 through 4 of this order shall take effect on February 3, 1991. (b) Except as otherwise provided by Public Law 101–509, the remaining provisions of FEPCA and of this order shall take effect on May 4, 1991, except that the Office of Personnel Management may establish an ear- lier effective date, but not earlier than February 3, 1991, for any such provisions with respect to which the Office determines an earlier effective date is appro- priate. [For effective dates of certain provisions of FEPCA as established by the Office of Personnel Man- agement, see notices and rules issued by the Office of Personnel Management and published in the Federal Register at 56 F.R. 6212, 11059, 12833, 20339, and 20343.] § 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 indus- try workers) published quarterly by the Bu- reau 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-Fed- eral workers in the same locality; except as otherwise required in this subchapter, a pay disparity shall be expressed as a single per- centage which, if uniformly applied to employ- ees 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-Fed- eral 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 the rates of basic pay under the General Schedule as established by section 5332, ex- cluding pay under section 5304 and any other additional pay of any kind; and (9) the term ‘‘General Schedule position’’ means any position to which subchapter III applies. (Added Pub. L. 101–509, title V, § 529 [title I, § 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1429; amended Pub. L. 102–378, § 2(25), Oct. 2, 1992, 106 Stat. 1348; Pub. L. 103–89, § 3(b)(1)(E), Sept. 30, 1993, 107 Stat. 981; Pub. L. 108–411, title III, § 301(a)(1), Oct. 30, 2004, 118 Stat. 2313.) Editorial Notes REFERENCES IN TEXT Section 403 of the Foreign Service Act of 1980, re- ferred 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 com- parability, prior to repeal by Pub. L. 91–656, § 2(b)(1), Jan. 8, 1971, 84 Stat. 1946. AMENDMENTS 2004—Par. (8). Pub. L. 108–411 added par. (8) and struck out former par. (8) which read as follows: ‘‘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’’. 1993—Par. (8). Pub. L. 103–89, § 3(b)(1)(E)(i), redesig- nated 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 recogni- tion system, the rates of basic pay under chapter 54; and’’. Par. (9). Pub. L. 103–89, § 3(b)(1)(E)(ii), substituted ‘‘applies’’ for ‘‘applies (including any position under the performance management and recognition sys- tem)’’. 1992—Par. (1)(C). Pub. L. 102–378, § 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 Administra- tion;’’. Par. (8)(C). Pub. L. 102–378, § 2(25)(B), added subpar. (C). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–411 effective on the first day of the first applicable pay period beginning on or after the 180th day after Oct. 30, 2004, with provisions relating to conversion rules, see section 301(d) of Pub. L. 108–411, set out as a note under section 5363 of this title. 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.